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
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'
others and not with them Item as touching Sir Iames Balfour he saw not his Subscription but I warrant you he was the principal Counsellour and deviser Item he said I confess that it is the very providence of God that has brought me to his Judgment for I am led to it as an horse to the stall for I had ships provided to flie but could not escape Item he said let no man do evil for counsel of great men or their Masters thinking they shall save them for surely I thought that night that the deed was done that although knowledge should be got no man durst have said it was evil done seeing the hand writ and acknowledging the Queens mind thereto Item Speaking of the Queen in the Tol-booth he said God make all well but the longer dirt is hidden it is the stronger Who Lives our Deaths will be thought no news Item In the Conclusion he confessed he was one of the principal doers of the Death and therefore is justly worthy of Death but he was assured of the Mercy of God who called him to repentance ITem Talla confessed ut supra agreeing in all Points as concerning the Persons number and blowing up into the Air. Item He affirmed that in Seton my Lord Bothwell called on him and said What thought you when you saw him blown in the Air Who answered Alas my Lord why speak you that for when ever I hear such a thing the words wound me to death as they ought to do you Item That same time he saw Sir Iames Balfour put in his own name and his Brother 's unto my Lord Bothwel's Remission Item He knew of the Deed doing three or four days ere it was done or thereabout Item He said after that I came to the Court I left the reading of God's Word and embraced Vanity and therefore has God justly brought this on me Wherefore let all Men shun evil Company and to trust not in Men for ready are we to embrace evil as ready as Tinder to receive fire And further in the Tol-booth he required Iohn Brand Minister of the Congregation to pass to my Lord Lindsey and say My Lord heartily I forgive your Lordship and also my Lord Regent and all others but specially them that betrayed me to you for I know if you could have saved me you would desiring as ye will answer before God at the later Day to do your diligence to bring the rest who were the beginners of this Work to Justice as ye have done to me for ye know it was not begun in my head but yet he praises God that his Justice has begun at me by the which he has called me to repentance ITem Dagleish said as God shall be my Judge I knew nothing of the King's Death before it was done for my Lord Bothwell going to his Bed after the taking off of his Hose which was stocked with Velvet French Paris came and spake with him and after that he tarried on me for other Hoseâ— and Cloaths and his riding Cloak and Sword which I gave him and after that came up to the Gate to the Lord of Ormiston's Lodging and tarried for him and thereafter that he passed to a Place beside the Black Friars and came to the slope of the Dike where he bid me stand still and as God shall be my Judge I knew nothing while I heard the Blast of Powder and after this he came home lay down in his Bed while Mr. George Hacket came and knocked at the Door and if I die for this the which God Judge me if I knew more what shall be done to the Devisers Counsellers Subscribers and Fortifiers of it FINIS The Queen offereth to be Bawd to her own Husband Cousin Germans Item to the Duke of Norfolk c. This bearer will tell you somwhat upon this Huntley Bothwel's own Wife A Head. The Queens Heart Another wife If this be not true spere at Gilbert Bawfoord
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
foreign Perswasions may not lett me from consenting to that that you hope your Service shall make you one day to attain and to be short to make your self sure of the Lords and free to Marry and that you are constrained for your surety and to be able to serve me faithfully to use an humble Request joyned to an importune Action And to be short excuse your self and perswade them the most you can that you are constrained to make pursuit against your Enemies You shall say enough if the Matter or Ground do like you and many fair words to Ledinton If you like not the Deed send me word and leave not the blame of all unto me Another Letter to Bothwell of the Practice for her Ravishment and to advise him to be strange to do it MOnsieur depuis ma lettre escrit vostre beau frere qui fust est venu à moy fort triste m' à demandé mon counseil de ce qu' il feroit apres demain c. MY Lord since my Letter written your Brother-in-law that was came to me very sad and both asked me my counsel what he should do after to morrow because there be many Folks here and among others the Earl of Southerland who would rather die considering the good they have so lately received of me than suffer me to be carried away they conducting me and that he feared there should some trouble happen of it of the other side that it should be said that he were unthankful to have betrayed me I told him that he should have resolved with you upon all that and that he should avoid if he could those that were most mistrusted He hath resolved to write thereof to you of my opinion for he hath abashed me to see him so unresolved at the râ—ed I assure my self he will play the part of an honest Man. But I have thought good to advertise you of the fear he hath that he should be charged and accused of Treason to the end that without mistrusting him you may be the more circumspect and that you may have the more power For we had yesterday more than three hundred Horse of Kis and of Leniston For the Honor of God be accompanied rather with more than less for that is the principal of my Care. I go to write my dispatch and pray God to send us an happy interview shortly I write in haste to the end you may be advised in time Of the Bills of Proclamation and Combat set up by Bothwell and the Answers IMmediately after the Death of the King who was Murthered and his House blown up with Gun-powder the Ninth Day of February in the Night 1567. Proclamation was made That whosoever could bewray the cruel Murtherers of the King should have two thousand Pounds Unto the which Proclamation reply was made and set up privily upon the Tol-Booth Door of Edinburgh the Sixteenth of February in this manner BEcause Proclamation is made That whosoever will reveal the Murtherers of the King shall have two thousand Pounds I who have made inquisition by them that were the doers thereof affirm that the Committers of it were the Earl Bothwell Master Iames Balfoure the Parson of Flisk Mr. David Chambers Black Mr. Iohn Spence who was principal deviser of the Murther and the Queen assenting thereto through the perswasion of the Earl Bothwell and the Witchcraft of the Lady Bucklough UPon this new Proclamation was made the same Day desiring the setter up of the said Bill to come and avow and subscribe the same and he should have the Sum promised in the first Proclamation and further according to his Ability and sight of the Queen and her Counsel The answer thereunto was set up in the place aforesaid the morrow after being the Nineteenth of the same Month. FOrasmuch as Proclamation hath been made since the setting up of my first Letter desiring me to subscribe and avow the same for answer I desire the Money to be consigned into an evenly Man's hand and I shall appear on Sunday next with some four with me and subscribe my first Letter and abide thereat And further I desire that Senior Francis Bastian and Ioseph the Queens Goldsmith be staid and I shall declare what every Man did in particular with their Complices To which Bill no Answer was made THE Thirteenth Day of April the Earl Bothwell coming to the Sessions at Edenburgh with an Ensign displaid and the Streets full of armed Men of his Faction was arraigned for Murther of the King and acquit of the same by a perjured Jury whereupon he set up a Challenge to fight hand to hand with any Man being no Person defamed that would avow the matter Hereunto answer was made by another Bill set up in the same place anon after That forasmuch as the said Earl Bothwell had set up a Writing subscribed with his own hand whereby he did Challenge any Man not defamed that would or durst say he was guilty of the King's Death and therewithal did give the Lye in his Throat to him that would avouch the Quarrel a Gentleman and a Man of good Fame did by those Presents accept the offer and offers and would prove by the Law of Arms that he was the chief Author of that foul and horrible Murther albeit an inquest for fear of Death had slightly quit him And because the King of France and the Queen of England had by their Ambassadors desired that Tryal and Punishment might be had for the same he most heartily therefore craved of their Majesties that they would desire of the Queen his Sovereign that by her Consent they might appoint their day and place within the Dominions for the tryal thereof according to the Law of Arms in their presences or in their Deputies Which day and place he promised by the faith of a Gentleman to appear at and to his devoir provided always that their Majesties by open Proclamation shall give assurance to him and to his company to pass and repass through their Countries without hurt or impediment What just cause he had to desire the King of France and the Queen of England to be Judges in the Case he remitted to the Judgment of the Readers and the hearers warning by those presents the rest of the murtherers to prepare themselves for they should have the like offer mad eunto them and their names given in writing that they might be known unto all men The Confession of John Habroun young Talla Dagleish and Pourie upon whom was justice executed the third of January the year of God 1567. JOhn Bowton confessed that nine was at the deed doing my Lord Bothwell the Lord of Ormiston Hob Ormiston himself Talla Daglish Vilson Pourie and French Paris and that he saw no more nor knew of no other companies Item he knows no other but that that he was blown in the Air for he was handled with no mens hands as he saw and if it was it was with