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'
and Execution To say nothing that the Religious especially those that seek to grow into the repute of the World by carnal ways think themselves highly advanced by a long Bead-roll of Martyrs be their pretences never so slight or their Persous themselves never so much deserving an Anathema Farewel A DETECTION Of the ACTIONS of MARY QUEEN of SCOTS WHereas of things judicially determined within a Dominion to have an Account demanded by Strangers is to such as are not subject to Foreign Jurisdiction both strange and also for the strangeness displeasant To us above all other it ought to be most grievous who are driven to this Strait of Necessity that whose Faults we desire to cover their Lives we are forc'd to accuse unless we our selves will be accounted the most wicked Persons that live But a great part of this Grief is relieved by your Equity most excellent Queen who take it no less displeasantly to see your Kinswoman than we to see our Queen thus in speech of all Men to be so dishonourably reported of who also are for your part no less desirous to understand the Truth than we for ours to avoid Slander Therefore we will knit up the Matter as briefly as possibly may be and declare it with such shortness as we may rather seem to have lightly run over the chief Points than to have largely expressed them beginning at the Queen's first Inconstancy For as in making of her Marriage her Lightness was very headlong and rash so suddainly followed either inward Repentance or at least outward Tokens of Change of her Affection without any Causes appearing For whereas the King in former time was not only neglected but also unworthily used at length began open Hatred to break out against him especially in that Winter when he went to Peble with a small Train even too mean for a private Man not being sent thither a-Hawking but commanded away into a Corner far from Council or Knowledge of publick Affairs Neither is it necessary to put in Writing those things which as they were then as a Spectacle noted of all Men's Eyes so now as a fresh Image they remain imprinted in all Men's Hearts And though this were the beginning of all the Evils that followed yet at the first their Practices were secret so as not only the common People but also such as were right familiar and present at the doing of many matters could not understand throughly what thing the Queen then chiefly intended At the last about the Month of April in the Year 1566 when the Queen was returned from Dunbar to Edinburgh and was lodged in the Castle she kept there till the time of her Travail of Child After her Deliverance immediately the secret Counsels of the intended Mischief began to break out the effect whereof was this to dispatch away the King by one means or other howsoever and to marry with Bothwel And that her self should not be touched with suspicion of the Murder she began secretly by little and little to sow Seeds of Dissention between the King and the Lords that were then at Court still more and more Insflaming them to bring the Matter to deadly Feud And if at any time she espied the Suspicions of the one against the other to languish immediately with new Reports to both Parties she whetted them on again to fresh Displeasures perswading the Nobility against the King and the King against the Nobility that each intended others Destruction And she thought nothing so long as to see the Matter come to Strokes not caring whether of them obtained the Victory for she accounted the Loss on either side for her Advantage as hoping thereby to advance forward one Degree nearer to that which she intended Finally in short time she so filled their Hearts with mutual Jealousies one against another that there was not a Man of any Reputation in the Court but was driven to this Necessity either with Dishonour to yield to Rumours feigned against him or to euter into Combat with the Reporters or to withdraw him home And though we shall pass over the rest having desire to haste to the chief Point of the Matter yet this one notable slanderous Practice at that time is not to be omitted For on a time when the King had been in talk with the Queen till the Night was far spent the Sum in a manner of all her Cummunication was That almost all the Nobility had conspired his Death and were devising how to dispatch him After the King's Departure from her she sent forthwith for the Earl of Murray her Brother who after was Regent with this Message That the Matter was heinous and necessarily requiring his Presence without delay He being awaked out of sound Sleep in great Fear cast a Night-gown over his Shirt and as he was half naked ran to her in haste To him then she used even the like Talk as she had before to the King informing him that the King boiled in such deadly Hatred against him and took it so displeasantly that he stood so highly in her Grace that he was fully determined so soon as any possible Opportunity served to murder him So as much as in her lay she left no Means unassay'd to set them together by the Ears and without all doubt had done it indeed if it had not been God's good Pleasure to deliver the innocent Persons from so perillous Treasons and to disclose her wicked Treachery When this Attempt failed her she assailed the young and unexperienced Gentleman with a new subtil Practice She earnestly laboured with him That while she was great with Child he should chuse him some young Gentlewoman whereof there was great store whose Company he might use in the mean time She promised him her assent and furtherance with Pardon and Leave to commit the Offence She named to him the Earl of Murray's Wife not for that she esteemed that most noble Lady most apt for such a Villainy but because she thought by that way to be revenged of three Enemies at once the King the Earl and his Wife and therewithal to win a Colour and Cause of Divorce to make empty Bed-room for Bothwel After she was delivered of Child though she courteously entertain'd all other yet as oft as Word was brought her that the King was come to see her both she and her Company so fram'd their Speech and Countenance as if they seemed to fear nothing more than that the King should not perceive that they loathed him and that his Coming and Presence was displeasant to them all On the other side Bothwel alone was all in all he alone was Governour of all her Counsels and all her Affairs And so desirous was the Queen to have her hearty Affection towards him understood of all Men that if any Suit were to be made towards her there was no way of speeding for any Man but by Bothwel to obtain it Not long after her Deliverance on a Day very early accompanied
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
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
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