your Majesty may by advice of your Nobility and Council relieve and set at liberty the Persons named in the Ticket aforesaid So shall your Majesty do an honorable and godly Act in bringing the matter to such a narrow paint as either the matter shall appear plainly before your Majesty to the punishment of those who have been the Authors of this cruel Deed or else the said Tickets found vain in their selves and the Persons which are slandered to be exonerated and set at liberty at your Majesties pleasure So I commit your Majesty to the Pretection of Almighty God to preserve you in Health and most happy Reign Of Howstoun the 26th Day of February MAy it please your Majesty where your Highness in your last Letter writes to me that if there be any Names in the Tickets that were affixt upon the Tolbooth Door of Edinburgh that I think worthy to suffer a Tryal for the Murther of the King your Majesties Husband upon my Advertisement your Majesty shoud proceed to the Cognition taken as may stand with the Laws of this Realm and being found culpable shall see the punishment as rigorously executed as the weight of the Crime deserves May it please your Majesty since the receipt of your Highnesses Letter I have still lookt that some of the bloody Murtherers should have been openly known ere now And seeing they are not yet I cannot find in my heart to conceal the matter any longer but let your Majesty understand the names of them whom I greatly suspect that is to say the Earl Bothwel Mr. James Balfor and Gilbert Balfor his Brother Mr. David Chamer Blackmaster John Spens Senior Francis Bastian John the Burdeavix and Joseph David's Brother Which Persons I most intirely and humbly beseech your Majesty that according to my former Petition unto your Highness it will please not only to apprehend and put in sure keeping but as with diligence to assemble your Majesties whole Nobility and Council and then to take such perfect order of the afore-named Persons that they may be justly tryed as I doubt not but in so doing the Spirit of God shall work in the said matter that the truth shall be known So shall your Majesty do a most godly and honorable Act for your self being the Party as you are a great Satisfaction it shall be to all that belongs unto him that is gone who was so dear unto your Highness And now not doubting but your Majesty will take order in the matter according to the weight of the Cause which I most humbly beseech I commit your Majesty to the Protection of the Almighty God who preserve you in Health long Life and most happy Reign Of Howstoun this Seventeenth of March. Assizes Andro Earl of Rothes George Earl of Caithnes Gilbert Earl of Cassillis Lord Iohn Hamilton Commander of Arbroycht Son to the Lord Duke Iames Lord Rosse Robert Lord Sunple Iohn Maxwell Lord Hereif Laurence Lord Oliphant Iohn Master of Forvess Iohn Gordon of Lothinware Robert Lord Boyd Iames Cokbourn of Launton Iohn Somervile of Cambusnethan Mowbray of Bern Buxal Ogilby of Boyn THe fore-named Persons of Assize being chosen admitted and sworn in Judgment as the use is And therefore the said Earl Bothwell being accused by the said Dictate of the Crime aforesaid and the same being denied by him and referred to the deliverance of the said Assize they removed out of the said Court and all together convened and after long reasoning had by them upon the same Dictate and Points thereof they and eke one of them for themsâ—â—ves voted delivered and acquit the said Iames Earl Bothwell of act and â—â—rt of the said slaughter of the King and Points of the said Dictate And since the said George Earl of Caithnes Chancellor of the said Assizes in his and their Names asked Instruments that neither the said Advocates nor the said Robert Cunningham as have had Commission of my Lord of Lenox nor no other brought into them any Writing Token or Verification whereby the Dictate above written might be forfeit nor the said Assize perswaded to deliver any otherwise than is above written Nor yet was the said Dictate sworn nor no Party except the said Advocates competent to pursue the same and therefore in respect that they delivered according to their knowledge protests that they should incur no wilful Error in any wise hereafter Which Instrument and Protestation immediately after the re-entry of the said Earl of Caithnes Chancellor and one part of the named of the said Persons of Assize in the said Court of Justiciary before the Pronunciation of their Deliverance aforesaid at the desire of the said Earl of Caithnes was openly read in Judgment And thereupon he of new asked Acts and Instruments and protesteth in manner above expressed EXtractum de libro Actorum Adjournalis S. D. N. Regina Per me Ioannem Bellencen de Auchnoule militem clericum justiciariae ejusdem generalem Sub meis signo subscriptione mannalibus Joannes Bellenden Clericus Iusticiariae Note That at the same time Protestation was made by George Earl of Caithnes Chancellor of the said Assize that the said Dictate or Indictment was not in this point true viz. in alledging the Murther to be committed the 9th day of February for that indeed the Murther was committed the next day being the 10th Day in the Morning at two hours after Mid-night which in Law was and ought to be truly accounted the 10th Day and so the Acquittal that way but cavillingly defended The Writings and Letters found in the said Casket which are avowed to be written with the Scottish Queens own hand Certain French Sonnets written by the Queen of Scots to Bothwell before her marriage with him and as it is said while her Husband lived but certainly before his Divorce from his Wife as the words themselves shew before whom she here preferreth her self in deserving to be beloved of Bothwell O Dieux ayez de moy compassion Et m' enseignez quelle preuve certain Ie puis donner qui ne luy semble vain De mon amour ferme affection Las n' est il pas ja en possession Du corps du coeur qui ne refuse pain Ny dishonneur en la vie incertain Offense de parents ne pire affliction Pour luy tous mes ames j ' estimemoins que rien Et de mes ennemis je veux esperer bien I' ay hazardé pour luy nom conscience Ie veux pour luy au monde renoncer Ie veux mourir pour luy auancer Eue reste il plus pour prouver ma constance Entre ses mains en son plein pouveir Ie metz mon filz mon honneur may vie Mon pais mes subjectz mon ame assubjectie Est tout à luy n'ay autoe vaulloir Pour mon object que sans le decovoir Suiure je veux malgré toute l' envie Qu' issir en peult Car je n'
Queen and underneath it Iames Earl Bothwel which also is to be avowed to be the proper hand of the said Earl Bothwel at which time he was commonly defamed of the King's slaughter and not cleansed or acquit thereof before the thirteenth of April following The tenor of which contract here ensueth AT Seyton the fifth of April in the year of God. 1567. The right Excellent right High and Mighty Princess Mary by the grace of God Queen of Scots considering the place and estate wherein Almighty God hath constituted her Highness and how by the decease of the King her Husband her Majesty is now destitute of a husband living solitary in the state of Widowhood in the which kind of life her Majesty most willingly would continue if the will of her Realm and Subjects would permit it But on the other part considering the inconveniencies may follow and the necessity which the Realm hath that her Majesty be coupled with an Husband her Highness hath inclination to Marry And seeing what incommodity may come to this Realm in case her Majesty should joyn in Marriage with any Foreign Prince of a strange Nation her Highness has thought rather better to yield unto one of her own Subjects Amongst whom her Majesty finds none more able nor endued with better qualities than the right Noble and her dear Cousin Iames Earl Bothwel c. Of whose thankful and true service her Highness in all times by-past has had large proof and infallible experience And seeing not only the same good mind constantly persevering in him but with that an inward affection and hearty love towards her Majesty her Highness amongst the rest hath made her choice of him And therefore in the presence of the Eternal God faithfully and in the word of a Prince by these presents takes the said Iames Earl Bothwel as her lawful Husband And promises and obliges her Highness that as soon as the Process of divorse intended betwixt the said Earl Bothwel and Dame Iane Gordon now his pretended Spouse be ended by the order of the Laws her Majesty shall God willing thereafter shortly Marry and take the said Earl to her Husband and compleat the band of Matrimony with him in the face of Holy Church And shall never Marry any other Husband but him only during his life time And as her Majesty of her gracious humanity and proper motive without deserving of the said Earl hath thus inclined her favour and affection towards him he humbly and reverently acknowledging the same according to his bounden duty and being as free and able to make promise of Marriage in respect of the said Process of divorce intended for divers reasonable causes and that his said pretended Spouse hath thereunto consented he presently takes her Majesty as his Lawful Spouse in the presence of God. And promises and obligeth him as he will answer to God and upon his fidelity and Honour that in all diligence possible he shall prosecute and set forward the said Process of divorce already begun and intended betwixt him and the said Dame Iane Gordon his pretended Spouse unto the final end of a Decree and Declaration therein And incontinent thereafter at her Majesties good will and pleasure and when her Highness thinks convenient shall compleat and Solemnize in face of Holy Church the said band of Matrimony with her Majesty and love Honor and serve her Highness according to the place and Honor that it hath pleased her Majesty to accept him unto and never to have any other to his Wife during her Majesties life time In faith and witnessing whereof her Highness and the said Earl have subscribed this present faithful promise with their hands as followeth Day Year and place aforsaid before these witnesses George Earl Huntly and Master Thomas Hepburn Parson of Old-Hanstock c. Sic subscribetur MARY R. Iames Earl Bothwel Here note that this Contract was made the fifth of April within eight weeks after the Murther of the King which was slain the tenth of February before Also it was made seven days before that Bothwel was acquitted by corrupt judgment of the said Murder Also it appeareth by the words of the Contract if self that it was made before sentence of Divorce between Bothwel and his former Wife And also in very truth was made before any suit of Divorce intended or begun between him and his former Wife though some words in this Contract seem to say otherwise Which is thus proved For this Contract is dated the fifth of April and it plainly appeareth by the judicial acts before the two several Ecclesiastical ordinary Judges wherein is contained the whole Process of the Divorce between the said Earl and Dame Iane Gordon his Wife that one of the same Processes was intended and begun the 26 day of April and the other the 27 day Also there are extent the Records of the Justices Court holden at Edenburgh the said 12 day of April some copies whereof have been exemplified and signed with the hand of Iohn Bellenden Clerk of the Court among which is the Endictment of Bothwel The tenour of which Records with the Assise and verdict do here follow CUria Iusticiariae S. D. N. Reginae tenta inchoata in praetoris de Edinburgh duodecimo die mensis Aprilis Anno 1567. per nobilem potentem Dominum Archibaldum Comitem Ergadiae Dominum Campbel Lorne Iustitiarium generalem ejusdem S. D. N. Reginae totius Regni sui ubilibet constitutum Sen. vocatum curia legitime affirmata IN the which Court appeared personally in Judgment Mr. Iohn Spens of Condie and Robert Creycghton of Chock Advocates to our Sovereign Lady in her name and there the said Mr. Iohn Spens produced our Sovereign Ladies Letter execute and indorsed together with the Endictment of the which Letters indorsing thereof and Endictment the Tenors hereafter follow that is to say MARY by the Grace of God Queen of Scots to our trusty and well beloved William Purwes Mr. Lawson and Gawine Ramsey Messengers our Sheriffs in that part conjunctly and severally specially constituted Greeting Forasmuch as it is humbly meant and shewed unto us by our trusty and beloved Clerks and Counsellors Mr. John Spens of Condie and Robert Creycghton of Chock our Advocates that whereas they are informed that our trusty Cousin and Counsellour Matthew Earl of Lenox Father to the King our dearest Spouse hath delated James Earl Bothwel Lord Halis and Creycghton c. and certain others of the Treasonable cruel odious and abominable slaughter and Murder of his Grace committed upon the ninth day of February last past under silence of the night within his lodging for the time within our Bower of Edenburgh near the Church in the Field upon provision set purpose and fore-thought Fellony And hath declared unto us the suspicion had of the said Earl and others as committers of the said odious cruel and abominable deed Whereto we being most earnestly bent minded and willing to have
trial taken therein by order of Iustice with all diligence and expedition possible have with advice of the Lords of our secret Council and also of the humble desire of the said Earl Bothwel made in our and their presence who offereth himself willing to undergo the Trial of a condign Assise according to the Laws of our Realm for declaring of this part have ordained a Court of Iustice to be set and holden in the Tol-booth of Edenburgh the 12 day of April next ensuing for executing of Iustice upon the said Earl and otherwise for the cruel odious foul and abominable crime and offence as is more at large contained in an Act made in the Books of our secret Council thereupon Our will therefore is and we Charge you strictly and command that immediately at the sight of these our letters ye go and in our name and Authority warn the said Matthew Earl of Lenox personally or at his dwelling place and all other our liege People having or pretending to have interest in the said matter by open Proclamation at the Market-crosses of our Burrows of Edenburgh Dunbarton Glascow Lanerk and other places needful to appear before our Iustice or his deputies in our Tol-booth of Edenburgh the said 12. day of April next ensuing to pursue and concur with us in the said action with certification to them that if they fail that our Iustice or his Deputies will proceed and do Iustice in the said matter the said day conformable to the Laws and Constitutions of our Realm without any longer delay or continuation and that ye summon an Assise to this end every person under the pain of forty Pounds as ye will answer to us thereupon The which to do we commit to you jointly and severally our full power by these our Letters delivering them by you duly to be executed and indorsed again to the bearer Given under our Signet at Edenburgh the 27 of March in the 25 year of our Reign 1567. Ex deliberatione Dominorum Concilii Reg. Sic subscribitur MARY Indorsments of the said Letters UPon the 29 day of March in the year of God 1567. I William Purwes messenger one of the Sheriffs in that part within constituted past at command of these our Sovereign Ladies Letters and in her Graces Name and Authority warned Matthew Earl of Lennox and all other her Majesties lieges having or pretending to have interess in the matter within specified by open Proclamation at the Market-cross of the Burrough of Edenburgh to appear before the Justice or his Deputies in the Tol-booth of Edenburgh the 12 day of April next ensuing to pursue and concur with our said Sovereign Lady in the action within mentioned with certification as is within expressed after the form and tenour of these Letters whereof I affix'd one copy upon the said Market-cross This I did before these witnesses Iohn Anderson and David Lant with divers others And for more witnessing to this my execution and indorsment my Signet is affixed UPon the last day of March the first and second days of April in the year of God above written I Gowine Ramsy Messenger one of the Sheriffs in that part within constituted past at commandment of these our Sovereign Ladies Letters and in her Graces Name and Authority warned the said Matthew Earl of Lennox at his dwelling places in Glascow and Dunbarton respectively because I searched and sought and could not apprehend him personally and all other her Majesties lieges having and pretending to have Interest to pursue in the matter herein expressed by Proclamation at the Market-Crosses of the Burroughs of Glascow Dunbarton and Lanerk for to appear before the Justice or his Deputies in the said Tol-booth of Edenburgh the said twelfth day of April next to come to pursue and concur with our said Sovereign Lady in the action within written with certification as is within mentioned after the form and tenor of these Letters whereof affixed one copy upon every one of the said Market-Crosses This I did before these Witnesses George Herbesoun Nicholas Andro Robert Letrik Messenger William Smollet David Robertson Iames Smollet Iohn Hammelton Iames Bannatine and Robert Hammelton with divers others And for more witnessing hereof my signet is affixed Subscribed with my hand Gawin Ramsy Messenger UPon the first day of April The year of God 1567. I William Lawson Messenger Sheriff in that part within constituted past at command of these our Sovereign Ladies Letters to the Market-Cross of Perth and there by open Proclamation lawfully warned Matthew Earl of Lennox and all others our Sovereign Ladies Leiges having or pretending to have interess to pursue Iames Earl Bothwel Lord Halis and Creyghton c. and certain others for the cruel slaughter and murther of the King's Grace and affixed one Copy upon the said Crosses after the form and tenor of these Letters And this I did before these Witnesses Iames Marschel Alex. Borthuike and Iohn Anderson Messengers with divers others And for the more witnessing of this my Execution and Indorsment I have subscribed this with my hand Will. Lawson Messenger The Indictment JAmes Earl Bothwell Lord Halis and Creyghton c. You are Indicted for acting part of the cruel odious treasonable and abominable Slaughter and Murther of the late the right Excellent right high and mighty Prince the King's Grace dearest Spouse for the time to our Sovereign Lady the Queens Majesty under silence of Night in his own Lodging besides the Church in the Field within this Burrow he being taking the Nights rest treasonably raising fire within the same with a great quantity of Powder through force of the which the said whole Lodging was raised and blown in the Air and the said late King was murthered treasonably and most cruelly slain and destroyed by you therein upon set purpose provision and fore-thought Fellony And this you did upon the Ninth day of February last past under silence of the Night as abovesaid as is notoriously known the which you cannot deny UPon the which Production of the aforesaid Letters executed indorsed and Indicted the said Advocate asked an Act of Court and Instruments and desired of the Justice Process agreeable thereto The said Letters being openly read in Judgment with the Indorsments thereof the Justice by vertue of the same caused to be called the said Iames Earl Bothwell as Defendant on the one part and Matthew Earl of Lenox and all others our Sovereign Ladies Liege People having or pretending to pursue in the said matter to appear before him in this Court of Justice to pursue and defend according to the Law. Immediately after there appeared in Judgment the said Iames Earl Bothwell and entered personally and then made choice of Mr. David Borthuik of Luchthil and Mr. Edmund Hay to be Prelocutors for him who also appeared personally in Judgment and were admitted by the Justice to that effect There also appeared Mr. Henry Kinrof alledging to be Proctor for Andrew Master of Errole and produced in
Judgment the Writing and Protestation under written desiring the same to be registred and inserted in the Books of Adjournal the tenor whereof followeth The same day appeared Mr. Henry Kinrof Proctor for Andrew Master of Errole Constable of Scotland and alledged that the Constables for the time of this Realm hath been at all times by past only Judges competent to all such Persons as have been accused criminally for committing of Slaughter Murther or of Blood drawing near to the Princes Chamber or within four Miles of the same And therefore the said Master now being Constable of this Realm ought and should be the competent Judge to Iames Earl Bothwell and others his alledged Complices called this day and to be accused for acting any part of the alledged Cruelty treasonable slaughter of the late Henry King of Scots And in case Archibald Earl of Argyle as Chief Justice of this Realm or his Deputies proceed in the said Cause the said Master Henry Proctor aforesaid protesteth solemnly that the same proceeding therein shall in no wise hurt nor prejudice the said Constable in his Office Rights title of Rights Interests Jurisdiction or Investment thereof in any sort but that he may use and exercise his said Jurisdiction in all such Cases in times coming conform to his Investment of the said Office and use of Cognoscing used by his Predecessors and before him in like Causes All which time he makes it known either by Investment or other ways sufficiently him to have Jurisdiction in such Causes And desires the same Protestation to be inserted in the Book of Adjournal and admit it under Protestation that he affirm not the Lord Justice Jurisdiction in any sort in proceeding in the said matter The Justice being advised with the said Alledgeance and Protestation found by Interlocutor and ordained that Process should be laid by him in this matter notwithstanding the same in respect that nothing was shewn by the said Mr. Henry to verifie the Contents of the said Alledgeance and Protestation Whereupon the said Earl Brothwell asked a Note of Court and Instrument The said Matthew Earl of Lenox and others our Sovereign Ladies Lieges having or pretending to have Interest to pursue in the said matter being oftentimes called to have appeared and concurred with the said Advocates in pursuing of the said Action Robert Cunningham appeared alledging him Servant to the said Matthew Earl of Lenox and produced the Writing under written which he subscribed with his hand in Judgment as he that had power to use the same and protested it and desired to conform thereto in all points Of the which Writing the tenor follows MY Lords I am come here sent by my Master my Lord of Lenox to declare the cause of his absence this day and with his power as the same bears The cause of his absence is the shortness of time and that he is denied of his Friends and Servants who should have accompanied him to his honor and security of his life in respect of the greatness of his Party and he having assistance of no Friends but only himself And therefore his L. commanded me to desire a sufficient Day according to the weight of the Cause therefore he may keep the same And if your L. will proceed at this present I protest that I may without any displeasure of any man use these things committed to my Charge by my Lord my Master Whereof I take a Document Item I protest that if the Persons who pass upon Assize and Inquest of these Persons that shall enter on pannal this day clear the said Persons of the Murther of the King that it shall be wilful Error and not Ignorance by reason that it is notoriously known those Persons to be the Murtherers of the King as my Lord my Master alledges upon the which Protestation I require a Document Sic Subscribitur ROBERT CUNNINGHAM Upon the Production of the which Writing and Protestation the said Robert asked Acts and Instruments The Justice being advised with the aforesaid Writing and Protestation produced and used by the said Robert Cunningham in respect of the Letters and Writings sent to our Sovereign by the said Matthew Earl of Lenox produced it and read it in a Court whereof the Copies are under written By the which Letters and Writings the said Earl of Lenox desired a short and summary Process to be deduced in the said matter and also of the Act and Ordinance of the Lords of the secret Council granted thereupon and such like in respect of the earnest insisting of the Advocates desiring Process and right Suit of the said Earl Bothwel's earnest Petition and Desire of a Tryal to be had in the said matter with the Advice of the Lords and Barons assessors present and by an Interlocutor that Process should be deduced in the said Action this day according to the Laws of this Realm notwithstanding the Writing and Protestation produced by the said Robert Cunningham and likewise admit him to concur and assist the said Advocates in the pursuance of the said Action if he pleased Here followeth the Copies of the Letters and Writings sent to the Queens Majesty by the said Earl of Lenox I Render most humble thanks unto your Majesty for your Gracious and Comfortable Letter which I received the 24th day of this instant And whereas I perceive by the same that it is your Majesties pleasure to remit the Tryal of this late odious Act to the time of a Parliament May it please your Majesty altho I am assured your Highness thinks the time as long as I do till the matter be tried and the Authors of the Deed condignly punished yet I shall humbly crave your Majesties pardon in troubling your Highness so oft therein as I do for the matter toucheth me so near I beseech your Majesty most humbly to accept this my simple Advice in good part as follows Which is that whereas the time is long to the Parliament this matter not being a Parliament matter but of such weight and validity which ought rather to be with all expedition and diligence sought out and punished to the Example of the whole World as I know your Majesties Wisdom considers the same far more than my Wits can comprehend yet forasmuch as I hear of certain Tickets that have been put on the Tol-booth Door of Edenburgh answering your Majesties first and second Proclamations which mentions in special the names of certain Persons devisers of the cruel Murther I shall therefore most humbly beseech Your Majesty for the love of God the Honor of your Majesty your Realm and the Weal and Tranquillity thereof that it would please your Majesty forthwith not only to apprehend and put in sure keeping the Persons named in the said Tickets but also with diligence to assemble your Majesties Nobility and then by open Proclamation to admonish and require the Writers of the said Tickets to appear according to the effect thereof at the which time if they do not
A DETECTION Of the ACTIONS OF MARY Queen of Scots CONCERNING The Murther of Her HUSBAND and Her Conspiracy Adultery and pretended Marriage with the Earl BOTHWEL And a Defence of the True LORDS Maintainers of the KING'S Majesties Action and Authority Written in Latin by G. BUCHANAN Translated into Scotch And now made English. LONDON Printed and are to be Sold by Richard Ianeway in Queen's Head-Ally near Pater-Noster-Row 1689. To the Reader I Think it necessary for the Reader 's better understanding the following History to acquaint him that James the Fifth having lost his two Sons both in one Week a little before he was slain at Flodden-Field left no other Heir but Mary a Child of four days old which he never had seen This Child was accepted and at five years of Age the Scots seeing they were likely to make better Merchandise of her in France than with us in England tho we then proffered high sent her into France and at Twelve married her to the Dolphin afterward Francis the First who at two Years left her a Widow and so she returned to Scotland where she found her Mother weltring in her Cruelties a Guise and wasting and gathering with all her might She being remov'd the Queen came to be Master of her self and soon after in a Gayety took Henry Lord Darley Son to the Earl of Lenox one of the goodliest Personages accounted of his time to her Husband But it seems her first flames being allaied there was one David Rize either had been or was grown more into Favor so that the King grew every day discountenanced And whereas before in the Coins as many of them I have seen comparing the Years it was in the end of one Year Henricus Maria c. it was in the beginning of the other Maria Henricus c. And instead of receiving the Honor of a King he was sent away from the Court without either Train or Necessaries This with other Informations of the Queens Carriages and the Incouragement of some of the Nobility brought him back to Edenburgh where finding David in the Queens Company snatch'd him out of her Presence giving her some words of Comfort and Assurance for she was then great with Child and with some of his Assistance sent him into another Life This Minion being gone Bothwel came into Favor and that how swiftly and powerfully you may perceive by the Letters annexed to the Discourse but her hate to her Husband was so exasperated that both her and Bothwel's Malice and Wits made his Destruction their chief aim Her Carriage to him grew every day more and more strange she augmented her Neglect in so much that at the Christning of that Son who was after a Plague to this Nation he was not suffered to receive the least Honors or Addresses She being again at liberty then thought to bestir her self about the compassing of Revenge Poyson was attempted but the strength of his Youth overcame it which the accursed Woman seeing flattered him into Agreement and presently lull'd him into Credulity so that he came again to Edenburgh and was lodg'd in a little House near the Palace but out of all hearing Hither she brought her own rich Bed and frequently visited him with all shews of Affection But one Sunday Night she discovered her self and fetching a deep Sigh O says she this time twelve Month was David Rize slain This it seems came from her heart for within a few days the unfortunate young Man as an Inferiae to the Ghost of a Fidler was strangled in his Bed the House blown up and his Body thrown out into the Garden the Queens rich Bed being a day or two before removed Now was she at liberty for Bothwel but there was one Obstacle he had a Wife already but she poor Woman must be forced to sue out a Divorce which was procured in eight days So that now the way was smooth and an Ambassador with fine penn'd Instructions sent to the King of France to give an account of her new marriage But all this could not still the Crys of the People whose impatience grief and rage at that time particulars whereof I have seen in an authentick Scotch Diurnal of that date was such that Bothwel was forced to suborn some People to accuse him but he having Creatures enough few daring to witness and many Iudges of his party was acquitted But at last the honest part of the Nobility sensible of those miscarriages made a Head broke Bothwel's Forces put him to flight took her Prisoner and made her resign up the Government to her Son all this before the said Ambassador who was sent into France had had his first Audience then a Child in the Cradle known afterwards by the name of James the Sixth This is as much as I can say will give light to the Book that follows 'T was written by the most excellent Pen of that Age a Man as Sir Philip Sidney justly calls him of a piercing Wit consummate Learning and careful Observation of things which made him known to the greatest Princes of his Time and dear to his own This made him School-master to his King who imploy'd him in the weightiest Transactions at home and abroad made him Keeper of the Privy Seal of Scotland tho he never sought himself nor could withdraw from the ancient Parcimony and Frugality he dying very poor So that it is not to be supposed that a Person so well qualified for knowledge in these things and of a Reputation so untouch'd would have adventur'd to divulge matters of this nature in a place where most men might have call'd him Lyar. But certainly both in his History which he dedicated to the Son and in this Piece which be penn'd in the name of the Lords if there were any fault it was too broad And tho worthy Master Cambden in his Annals tells us He wished he might have wiped out all that he had writ against Mary Queen of Scots with his Blood yet when I consider the Times he writ in and the general silence of it among the Scots and the disgrace that Buchanan died in when King James came to maturity methinks I cannot give so much credit in this to that famous Historian as in other things though he might mendacium dicere not mentiri And tho Caussin in his Holy Court make her a Heroine nay a Saint and Strada in his De Bello Belgico digresses to celebrate her with immoderate praises yet certainly any man that would guide his historical faith aright will much rather choose to believe men either Actors in a Business or neighbors to it and such as receive assurance from their eyes than men that are remote and such as are necessitated to see through the false or broken light of Information especially Persons hid in Cells and excluded from Business absolutely devoted to a Religion to which she was an Appuy and absolute Enemy to that Power under which she receiv'd just Sentence
had never seen with her Eyes heard with her Ears nor considered in her Heart the form of a Kingdom governed by Law and thereto was furnished with the untemperate Counsels of her Kinsmen who themselves practised to set up a Tyrannous Rule in France endeavoured to draw Right Equity Laws and Customs of Ancestors to her only beck and pleasure Of this immoderate desire there burst out from her many times many words disclosing it this she studied day and night But against this Desire there withstood the Custom of the Country the Laws and Statutes and principally the Consent of the Nobility who remaining safe she could never attain it To the end therefore that she might be able violently to atchieve it she determined by force to remove all that stood in her way but she wist not well by what means or by whose help to attempt it Fraud was the way to work it for otherwise it was not possible to be obtained For this purpose therefore Bothwel only seemed the fittest Man a Man in extream poverty doubtful whether he were more vile or wicked and who between factions of sundry Religions despising both sides counterfeited a love of them both He when he had once before offered the Hamilton's his service to murder the Earl Murray gave thereby a likelihood that upon hope of greater gain he would not stick to adventure some greater Enterprize being one whom the Ruine of his own decayed Family prick'd forward headlong to mischief and whom no respect of Godliness or Honesty restrained from ungracious Actions As for excessive and immoderate use of Lechery be therein no less sought to be famous than other Men do shun Dishonour and Infamy She therefore a Woman greedily coveting untempered Authority who esteemed the Laws her Prison and the Bridle of Justice her Bondage when she saw in her Husband not mettle enough to trouble the State she pick'd out a Man for her purpose who neither had Wealth to lose nor Fame to be stained even such an one as she might easily overthrow again if she should once grow weary of him such a one as she might easily snare his Incontinence with wanton Allurements satisfie his need with Money and bind his Assuredness to her with a guilty Conscience and Confederate in Mischiefs These be the Fountains of that same not unmeasurable but mad Love in famous Adultery and vile Parricide wherewith as with a Pledge that bloody Marriage was plighted These therefore were the causes of enterprizing that heinous Act to wit unappeasable Hatred of her Husband and intemperate Love of her Adulterer There was moreover a hope that the Crime might be diverted from them to other and the execution for it might be laid upon the poor Lives of their Enemies and that Men most guiltless of the fault might be thrust in their place as Sacrifices to appease the Peoples displeasure if not to what end then served that Battel which was almost begun to be fought between the King and the Lord Robert her Brother To what end tended those Seeds of Discord that were scattered between the King and the Nobility Wherefore did she so curiously intreat the Earl Murray to stay with her the day before the Murther was committed or what cause was there to send for him There was an Ambassadour come out of Savoy For what cause surely it must needs be a great Cause and such as could not be ended without the assembly of the Nobility no god wot the Ambassadour of Savoy being bidden too late to the Christening came when all was ended not for Ambassadour to the Christening but as one sent to excuse the neglecting of doing that Kindness when both he liked not to send so far for so small a matter and he was somewhat ashamed to have failed in presence when the French-men and English-men had already done it For the more honourable dismissing of him the Earl Murray was sent for and that with sundry Messengers to come from his Wife that lay a dying What need was there then of his presence To draw him to be a party in Conspiracy of the Slaughter Why was it never attempted before Thought they it best at the last point at the very instant when the Murder should be committed to join him to their Fellowship as a light Man inconstant and shifting his Purposes at every moment of time infamous in his former Life and not well assured in his present Estate No there is none of these things that they yet dare say of him Seeing then they cannot imagine a false Cause to stay him what was the true cause indeed every Man may easily gather even the same that caused first the Earl of Athole and afterwards him to depart from the Court the same that so brought him in danger of Death the same that had slandered him with false Rumours scattered in England the same that persecuted him with infamous Libels of the Murderers themselves the same that made him to chuse rather to go into Banishment than to remain in Court among Ruffians Weapons with great peril of his Life But what availeth this Equity of the Cause before Hearers either utterly ignorant of the matter how it was done or of themselves disfavouring this part are envious or apt to be carried away with feigned Rumours which esteem the Slanders of most lewd light Persons for true Testimonies and give credit to these Men who boasting at home that they are able to do what they list yet neither dare commit their Cause to the Sentence of the Judges nor were able to defend themselves in Battel And as by a guilty Conscience of Offences they feared Judgment so by Rage grown of their Guiltiness they run headlong to Battel and from Battel run cowardly away And now again when standing upon the Advantage that they have both in number and wealth they scorn the Wisdom of their Adversaries and despise their Power in comparison of their own yet distrusting to prevail by true Manhood they fall to Robbery and turn their ungracious Minds to Slandering Cavelling and Lying whom but yet for the good will that I bear to my Country-men I would advise to cease from this folly or fury or disease of evil speaking lest in time to come when Truth shall shine out they shut up and stop with hatred of them those Persons Ears to their Petitions whom now they fill and load with false Rumours for there will not always be place for forgiveness but as Darkness at the Sun shining so Lyes at the Light of Truth must vanish away As for the commodious means for committing that vile fact and the hope of hiding it I need not to pursue the declaring of them in many words sith both the easiness to do it the opportunities of places and all advancements of occasions and seasons were in their own power And to hide the Fact what needed they when they feared no punishment although it were published For what Punishment could they fear in so strong