Who, on the other hand, were Mary's accusers? They were those who profited by her overthrow; those who had been known traitors and had been guilty of grievous offences against her; and those who, beyond doubt, have been convicted of caluminating her in many particulars. Of the last mentioned class the most notorious is George Buchanan, a man who owed his life to her clemency, who had been enriched by her warm-hearted liberality, who had penned his most polished verses in praise of her distinguished beauty and virtues, but who, when misfortune fell upon her, sold his venal pen to her enemies, and clothed in classical Latin the calumnies by which they hoped to overthrow her cause and establish their own. Now, students of this period of Scottish history know that Buchanan has been convicted of calumny in many particulars of Mary's life. This is beyond controversy, established by official records of the time. The presumption of calumny, therefore, attaches to his other accusations, and until these are proved to be true from reliable sources, they cannot decide anything against her. Furthermore, Buchanan's "Detectio," which was written to ruin Mary's cause in England, was prepared at the instigation of her enemies, and Buchanan's services were engaged only because he was a good Latinist. "The book was written by him," writes Cecil, "not as of himself, nor in his own name, but according to the instructions given him by common conference of the Lords of the Privy Council of Scotland"--the Moray party. It may also be mentioned that while the English translation of the "Detectio" was fathered by Cecil, and dedicated to Queen Elizabeth, the "Defence" of Mary, written by Bishop Leslie, was suppressed by the authorities at Westminster immediately it appeared.

So much for presumptive argument; but how explain the strange series of events after Darnley's murder?

Mary, after the murder of her husband, was like one who does not know what moment a mine is going to explode under her feet. She had got an inkling, through reports from London, gathered by her Ambassador in Paris, of the plot to murder Rizzio, of the conspiracy against the life of Darnley, and of harm intended to herself. The two first having been so emphatically verified, had she not reason to fear that the next would soon be consummated in her own person? Her support, too, if we except Bothwell, was, at that critical time, slender indeed. Moray, her Prime Minister who, with something akin to the wild goose instinct of approaching storms, always managed to get away whenever any disagreeable work was ready for execution, had left Edinburgh on the eve of the murder and remained absent.

It is commonly asserted by Mary's adversaries that Bothwell's trial was a farce; nor do I deny that it was. But was Mary responsible for the farce any more than Bothwell's peers who acquitted him? One reason why the trial proved a farce was, that Bothwell had too many secrets in his keeping--secrets which, others besides himself, who perhaps were uttering expressions of pious horror at the crime, were about as deeply stained with the blood of Darnley as he. I do not claim that the Queen was perfectly persuaded of Bothwell's innocence. I say, however, that as matters then stood, there were various reasons that well might lead her to believe a plot had been formed against him; some of which were, on the one hand, the treasonable character of many who were now opposed to him, and, on the other, Bothwell's strict loyalty. With regard to this celebrated Earl, it may, I think, be truly said, that whatever his faults or his vices, besides being the most powerful, he had proved himself one of the most loyal of the Scottish nobles. James Hepburn (Earl of Bothwell) had inherited many important offices. He was Lord Admiral of Scotland, Keeper of Edinburgh Castle and of Hermitage Castle, Sheriff of the Western Lothians, and Lieutenant of the Border. No Scottish nobleman of his rank was more sincerely hated by Elizabeth. As early as 1560, Throckmorton, the English Ambassador to Paris, referred to the "glorious, boastful, rash and hazardous" Bothwell as one who should be watched. The sword of Bothwell was never wanting when the cause of his sovereign required its aid. A Protestant in religion, he had stood by Mary of Lorraine in her troubles with the Anglicizing party, and had intercepted a quantity of Elizabeth's gold that had been sent to the Scottish rebels; he had supported Mary herself against the Moray faction who revolted after her marriage with Darnley; and he was one of the first to escape from Holyrood on the night of Rizzio's murder, and arouse the country in her defence. In view of these facts, and of the widespread treachery existing among the nobles, nobody should be surprised if, at the time of the Kirk O'Field tragedy, Bothwell, considered in his public character, stood high in the opinion of the Queen and was regarded as her strongest and surest defence against the dangers by which she was encompassed.

A week after Bothwell's acquittal, a curious deed was accomplished which helps to explain the events that immediately followed. All the influential members except one, who were present at the Parliament held the same day, signed a document known in history as the "Ainslie Tavern Band," by which they engaged to do all in their power to promote a marriage between Bothwell and the Queen. In addition to this, if we accept the testimony of Claude Nau, these nobles sent a deputation to Mary, who represented that, seeing the disturbed condition of the realm, it was necessary that she should marry, and unanimously pressed her to accept Bothwell for husband. Mary refused, and reminded them of the report current about his connection with her late husband's death. The deputies had a ready reply. Bothwell, they said, had been legally acquitted by the Council; besides (to quote Nau), "they who made the request to her do so for the public good of the realm, and as they were the highest of the nobility, it would be for them to vindicate a marriage brought about by their advice and authority."

It is difficult to discover the motives that prompted some of the nobles to sign this objectionable bond. In this, very probably, as in many similar instances, indifferentism, self-interest, or fear of differing from the stronger party, led a number to subscribe. But, if we read the motives of the prime movers in the light of subsequent events, we can discover the old design for Mary's overthrow carried out under a new form. Even James Anthony Froude, one of the last men in the world from whom we should expect to hear it, suggests that several at least of the nobles appended their names in deliberate treachery to the Queen.

But where the treachery? I have already pointed out that the attempts to overthrow Mary's authority had hitherto failed chiefly because she was beloved by the people. To succeed against her, therefore, it was necessary to bring her into disgrace before the Scottish nation; and how could this be more successfully done than by drawing her into a marriage with the man who was widely believed to be the murderer of her husband, and then rising up in apparent indignation against the union?

In view of the facts I have just indicated, it is not surprising that, having fallen into the hands of Bothwell, and having been detained by him, Mary should have made the best of the case by consenting to marry him. I do not pretend to decide how far her consent was obtained by persuasion, or how far by force. Both were used. But it should not be forgotten, that for more than six mouths after the event, the public records of Scotland refer to the intercepting of the Queen by Bothwell as a forcible and treasonable act, and speak of her as having been compelled, through fear and other unlawful means, to give her promise of marriage; and it was only when changed circumstances demanded a change of tactics, that the worthies who had hurled her from the throne began to assert that what had been done by Bothwell had been done with her consent. However, leaving aside the question of violence, see what influence persuasion itself could have had. Bothwell was not without certain favourable qualities. His sterling loyalty and great power were invaluable to one in Mary's difficult circumstances. But if these were insufficient to gain his end, there was the agreement signed by the nobles. "And when," writes Mary, giving an account of her marriage to her friends in France, "he saw us like to reject all his suit and offers, in the end he showed us how far he was proceeded with our whole nobility and principals of our estate, and what they had promised him under their handwrits. If we had cause to be astonished, we remit us to the judgment of the King, the Queen, our uncle, and others our friends." Could Mary, with her sore experience of their turbulency, lightly oppose the will of so many of her nobility as set forth in that celebrated "Band?" She might express doubt as to the genuineness of their signatures; but Bothwell could point out that, although she was already in his power nearly twelve days, not one whose name was subscribed thereto had moved hand or foot to liberate her.

If, placed in these circumstances, without any indication that protracted resistance would result in her rescue, she consented to marry Bothwell, is there not sufficient reason for her action, without the theory of an old and ungovernable passion for the "rugged Border Lord"? It is poor philosophy to invent theories to account for events of which we already see adequate cause. Mary may, or may not, have been infatuated with Bothwell; but that she was must be proved--if proved at all--independently of the fact that she married him. In the presumption, warranted by law, reason and common sense, of her innocence, we can account satisfactorily for her marriage. Why then resort to the presumption, warranted neither by law, reason nor common sense, of her guilt, in order to explain it?

It may seem strange that, whatever her circumstances were, she should have married a man who had a wife living. But it must not be forgotten that the Catholic Archbishop of St. Andrews had declared Bothwell's former marriage invalid on the ground of consanguinity within the forbidden degree, from which no dispensation had been obtained. It is true that at a later date Mary regarded her marriage with Bothwell as invalid;[#] but it cannot be inferred that she contracted it in bad faith, for in the meantime doubts may have arisen as to whether the Archbishop's decision was founded on fact.--A good deal of uncertainty still hangs over the value of this decision. Besides, she must have learned, what does not appear to have occurred to the mind of the Archbishop, that, owing to the ecclesiastical impediment of raptus, she was incapable, no matter how earnestly she may have desired it, of contracting valid matrimony with Bothwell, without having first regained his liberty.