The Earl of Lenox, in the mean time, wrote to the Queen, to cause punish Bothwell, with his other complices, for murthering the King. The Queen, not daring openly to reject the Earl of Lenox his solicitation, did appoint a day for the triall of Bothwell, by an assize;[1141] the members whereof was the Earl of Cathnes, President, the Earl of Cassels, (who at the first refused, but thereafter, being threatened to be put in prison, and under the pain of treason, was present by the Queen's command,) John Hamilton, Commendator of Aberbrothok, Lord Rosse, Lord Semple, Lord Boyd, Lord Hereis, Lord Olyphant; the Master of Forbes, the Lairds of Lochinvar, Langton, Cambusnetham,[1142] Barnbougel, and Boyne: They, to please the Queen, and for fear, did pronounce Bothwell not guilty, notwithstanding the manifest evidences of the cruell fact committed by Bothwell, who, before the tryall, did make himself strong by divers means; namely, by the possession of the Castle of Edinburgh, so that the accusers durst not appear, not being strong enough. The Earl of Marr did retire to Sterlin, and had committed to his charge the young Prince. All this was done in February.

In April, Bothwell called together sundry of the Lords, who had come to Edinburgh, to a meeting that was there; and having gained some before, made them all, what by fear, what by fair promises, first of their private state, and then of advancing the Papist's Religion, to consent by their subscriptions to the marriage with the Queen. Then the Queen goes to Sterlin, to see her son: Bothwell makes a shew as if he were going to the Borders to suppresse robbers, and so he raiseth some men of war; which, when he had done, he turneth towards the way to Sterlin, where he meets the Queen, according to appointment betwixt them, and carrieth her to Dumbar, as it had been by force, although every one knew it was with the Queen's liking. The prime Nobility convened at Sterlin, and from thence sent to her, to know whether or not she was taken against her will: She answered, That it was true she was taken against her will, but since her taking, she had no occasion to complain; yea, the courteous entertainment she had, made her forget and forgive all former offences. Those expressions were used by way of preface to the pardon, which was granted immediately thereafter to Bothwell; for, by Letters Patents, he was pardoned by the Queen, for laying violently hands upon her Majestie, and for all other crimes. So by this, &c.,[1143] the murther of the King was pardoned. During the Queen's abode in Dunbar, there was letters of divorce demanded and granted unto Bothwell from his Lady, (who afterward was married to the Earl Sutherland,) she was sister to the Earl of Huntley. The ground of divorce was, the parties being within the degrees prohibited, could not be lawfully joyned: Next, because Bothwell was an adulterer, the marriage was voyd. The bill of divorce was granted by the Papisticall Court of the Archbishop of Saint Androis. And here mark how they juggle in sacred things; for when it pleaseth them, they untie the bond of marriage, as now, and as we have seen in the First Book of this History. When the Queen fell in distaste of the late King her husband, it was proposed unto her to have divorce upon the same ground from the King: To which, first ear was given, but after second thoughts, a bill of divorce was too tedious, (as we have now said,) and could not be stayed for, therefore the King must be dispatched.

Note.

The Queen, when Bothwell had obtained by the Archbishop a letter of divorce from his lawfull wife, sent a letter signed with her own hand to Master John Craig, minister of Edinburgh, commanding him to publish the band of matrimony betwixt her and Bothwell. Master John Craig, the next sermon day thereafter, declared in full congregation, that he had received such a command, but in conscience he could not obey it; the marriage was altogether unlawfull; and of that he would declare the reasons to the parties, if he had audience of them, otherwise he would make known his just reasons in the hearing of the people. Immediately thereafter, Bothwell sends for Master Craig to the Councell, where Master Craig told, first, That by an Act of the Assembly, it was forbidden to allow the marriage of any divorced for adultery: The divorce of Bothwell from his lawfull wife, was by collusion, witnesse the quick dispatch thereof; for it was sought and had within ten days, and his contracting with the Queen instantly thereafter; then his rapt of the Queen, and the guilt of the King's death, which was confirmed by this marriage: withall, he desired the Lords to stop the Queen[1144] from that infamous marriage. The Sunday after, he told publikely to the people, what he had said to the Councell; and he took heaven and earth to witnesse, that he detested that scandalous and infamous marriage; and that he discharged his conscience unto the Lords, who seemed unto him, as so many slaves, what by flattery, what by silence, to give way to that abomination. Upon this, he was called to the Councell again, and was reproved, as if he had exceeded the bounds of his calling. Whereunto he answered, That the bounds of his commission was the word of God, right reason, and good laws, against which he had said nothing; and by all these, offered to prove this marriage to be scandalous and infamous. At this he was stopped by Bothwell, and sent from the Councell. Notwithstanding all this done and said by Master Craig, and the opposition of many that wished well to the Queen, and were jealous of her honour, the marriage went on, and they were married the 15. of May. This makes good the Latino proverb, Mala nubunt mense Maio; and a Bishop must bless the marriage: The good Prelat was Bishop of Orkney:[1145] If there be a good work to be done, a Bishop must do it. Here mark the difference betwixt this worthy minister Master Craig, and this base Bishop.

The Earl of Athole, immediately after the murther of the King, had retired home, waiting for the occasion to revenge the King's death: But seeing this abominable marriage, he went to Sterlin, where other honest Lords with him had a meeting, and made a bond, to defend the young Prince from the murtherers of his father; as already they had had one plot to cut him off, which God in his mercy did prevent. The Nobles that entred in this bond, were the Earls of Argyle, Athole, Morton, Marr, and Glencarne; the Lords Lindsey and Boyd. Argyle thereafter, seduced by some fair words, fell off; and Boyd became a great factionary for Bothwell in all things. The Queen, soon after the marriage, was advised to send abroad an Ambassadour to acquaint her forraigne friends and kindred; and this must be a Bishop: It is pity that any good work should be done without a Bishop: was not this a worthy employment for a pastor in God's Church.[1146]

Bothwell seeing the bond made at Sterlin, causeth the Queen to write to sundry of the Nobility. Divers repaired unto her, where they found a bond tendred unto them, by which they were to bind themselves to defend the Queen and Bothwell. Some that were corrupt, did willingly subscribe; others for fear did the same: and there was not one that went to Court that did refuse, but the Earl of Murray; who refusing absolutely to enter into a bond with Bothwell, said, It was not the part of a good subject; yet since he had been made friends with him some time before, he would keep his promise unto the Queen; and to enter into a bond with the Queen, it was needlesse and unfit, since he was to obey her in all lawfull and just things. Upon this, he gat leave, although with great difficulty, to go into France.

The Queen receives now Hamilton Archbishop of Saint Androis into favour since these changes; who was no less a faithfull Councellor to her, then he was a good pastor of Christ's flock; that is, he betrayed her, and disobeyed God. With this a Proclamation comes out in favour of the poor Protestants, whereby the Queen declares, That she will keep and confirm all that she had promised at her arrivall into Scotland: This was done to stop the people's mouthes; but all in vain, for the people were universally against the abomination of the Court.

Within few dayes, Bothwell and the Queen were raising men, under pretext to go to the Borders to represse the robbers there; but in effect to go to Sterlin, to have the Prince in their custody, that they might dispose of him according to their mind. Then a new Proclamation came out, That the Queen hereafter would rule only by the advice of the Nobles of the land, as her best predecessors had done. The Lords at Sterlin, hearing of this plot, strives to prevent it, and to this purpose they appointed with the Lord Hume, to besiege the Castle of Borthwicke, where the Queen and Bothwell was: But because the Earle of Athole did not come at the houre appointed, they had not men enough to environ and compass the Castle; so that Bothwell having notice given him of the business, escaped to Dumbar, and the Queen after him, in man's cloths. The Lords, failing of their designe at Borthwike Castle, went to Edinburgh, whereof they made themselves masters easily, having the affections of the people, notwithstanding the Earl Huntley and the Archbishop of Saint Androis perswasion to the contrary. These two, with their associates, were constrained to retire to the Castle, where they were received by Sir James Balfour, left there by Bothwell.

The twelfth of June, which was the next day following, the Lords at Edinburgh caused to publish a proclamation, whereby they declared, That the Earle Bothwell, who had been the principall author, deviser, and actor of the cruell murther of the late King, had since laid hand upon the Queen's person, and had her for the present in Dumbar in his power; and finding her utterly destitute of all good counsell, had seduced her to a dishonest and unlawfull marriage with himselfe; yea, that now he was gathering forces, and stirring himself to get the young Prince in his hands, that he might murther the child, as he had murthered the father. This wicked man the Nobles of the land resolved to withstand, and deliver the Queen out of his bondage; wherefore they did charge all lieges within the kingdom that could come to them, to be in readiness at three hours warning to assist them (the Nobles) for the freeing of the Queen from captivity, and bringing the said Earle Bothwell to a legall triall, and condigne punishment for the aforesaid murther and other crimes. All such that would not side with the Lords were by this Proclamation commanded to depart from Edinburgh within four hours, under the pain of being accounted enemies, &c.

Notwithstanding this Proclamation, the people did not joyn unto these Lords as was expected, for sundry of the Nobles were adversaries to the business, others stood as neuters; and withall, those that were convened together were not well provided of armes and munition for exploits of warr; so that they were even thinking to dissolve and leave off their enterprize till another time, and had absolutely done so; but God had ordained other wayes, as the event did shew, (if the Queen and Bothwell could have had patience to stay at Dumbar for three or four dayes without any stir;) but the Queen and Bothwell, having gathered together about four or five thousand men, trusting in their force, (the Queen being puft up by flatterers,) set forth and marched towards Leith: Being come forward as far as Glaidsmure, she caused publike Proclamation against the aforesaid Lords, calling them a number of conspirators, and that she now discerned their inward malice against her and her husband, the Duke of Orkney, (for so now they called Bothwell.) After they had endeavoured to apprehend her and her husband at Borthwick, and had made a seditious Proclamation, under pretence of seeking the revenge of the King her late husband, and to free her from captivity; giving out, that the Duke her husband had a minde to invade the Prince her sonne; all which was false, for the Duke her husband had used all means to clear himself, both by a legall way and by the offer of a combate to any that did accuse him, as they knew well enough: As touching her captivity, she was in none, but was in company with her husband, unto whom she was publikely married in the view of the world, and many of the Nobles had given their consent unto this her marriage: As for the Prince her sonne, it was but a specious pretence to the treason and rebellion against her their naturall Sovereign and her posteritie, which they intended to overthrow; wherefore she declared her self necessitated to take armes, hoping that all her faithfull subjects would adhere unto her, and that those who were already assembled with her, would with good hearts and hands stand to her defence; and for the recompence of their valour they should have the lands and goods of these unnaturall rebels. After this Proclamation, the army went on, and the Queen that night came to Seaton, where she lay.