This act of Parliament for the forfeiture of Bothwell and sixty-four of his accomplices, after reciting his murder of the “late King Henry,” proceeds in these words: “And also for their treasonable interception of the most noble person of our most illustrious mother, Mary, Queen of Scots, on her way from Linlithgow to the town of Edinburgh, near the bridges vulgarly called ‘Foul Bridges,’ besetting her with a thousand armed men, equipped in manner of war, in the month of April last. She suspecting no evil from any of her subjects, and least of all from the Earl of Bothwell, toward whom she had shown as great offers of liberality and benevolence as prince could show to good subject,—he by force and violence treasonably seized her most noble person; put violent hands upon her, not permitting her to enter her own town of Edinburgh in peace, but carried her away that same night to the Castle of Dunbar, against her will; and there detained her as his prisoner for about twelve days.”
This act of Parliament, after specifying the nefarious crime committed against her, in more explicit language, recites: “That, after detaining Queen Mary’s most noble person by force and violence twelve days, or thereabouts, at Dunbar Castle, Bothwell compelled her by fear, under circumstances such as might befall the most courageous woman in the world, to promise that she would as soon as possible contract marriage with him,—all which things were plotted and planned by the said earl and the persons aforesaid, of long time before, even before their aforesaid conspiracy and parricide (the murder of Darnley), notwithstanding that at the same time James, Earl of Bothwell, was bound in marriage to an honorable lady, Janet Gordon, from whom not only was he not divorced, but no process of divorce was begun. And in his nefarious and treasonable crimes and purposes continuing and persevering, he kept and detained the most noble person of our said dearest mother in firm custody and durance, by force and masterful hand of his armed friends and dependants, until the sixth day of May last past; on which day, still accompanied by a great number of armed men, he carried her to the Castle of Edinburgh, which was then in his power, and there imprisoned her, and compelled her to remain until the eleventh of the said month, on which day, still accompanied by a great number of armed men, that he might better color his treasonable and nefarious crimes and purposes, he carried her to our palace of Holyrood, and so within four days compelled her to contract marriage with him.”
Regarding this act of Parliament, Agnes Strickland, the English historian, says: “The facts chronicled in the parliamentary record, which are officially attested by the signature of James Makgill of Rankeillour, the clerk-register, demonstrate at once the falsehood of his patron, the Earl of Murray’s journal, of Buchanan’s ‘Detection’ and history of Mary’s reign, of the absurd paper published by Murray under the name of ‘French Paris’s Second Confession,’ and the supposititious letters produced by Morton for the defamation of the queen. These are all refuted by the act of Parliament, which asserts the treasonable constraint that was put on the queen’s will; and that act, be it remembered, was framed, and more than that, proclaimed by the heralds in the ears of the people, six months after the date assigned by Morton to the discovery of the letters which he produced as evidences of a guilty collusion and correspondence between the queen and Bothwell. The act was framed within seven months after the offence was perpetrated; and it behooved to be correct, because several persons assisted in that Parliament, as Huntley, Lethington, Sir James Melville, and others, who were not only present when the abduction was effected, but were carried away with their royal mistress as prisoners to Dunbar.”
Now let it be remembered that these witnesses for her innocence were, with the exception of the faithful Sir James Melville, and perhaps one or two others, no friends of Mary, Queen of Scots, but were the very parties in league with the English cabinet for her overthrow; and as Bothwell was not in this league, but was plotting only for his own scheme of being raised to the throne by marriage with Mary Stuart, these framers of this act of Parliament, exonerating Mary and denouncing Bothwell, were not acting through favor of her; and therefore this strong and overwhelming evidence comes from her very foes.
The following letter is from Mary Stuart to the Pope when she was at last out of the power of Bothwell. This letter is from the collection of Prince Labanoff: “Lettres de Marie Stuart, from the Secret Archives of the Vatican at Rome,”—and will reveal Mary’s feelings on the subject: “Tell to his Holiness,” writes she to her accredited envoy, “the grief we suffered when we were made prisoner by one of our subjects, the Earl of Bothwell, and led as prisoner with the Earl of Huntley the Chancellor, and the nobleman, our Secretary, together to the Castle of Dunbar, and after to the Castle of Edinburgh, where we were detained against our will in the hands of the said Earl of Bothwell, until such time as he had procured a pretended divorce between him and the sister of the said Lord of Huntley, his wife, our near relative; and we were constrained to yield our consent, yet against our will, to him. Therefore your Holiness is supplicated to take order on this, that we are made quit of the said indignity by means of a process at Rome, and commission sent to Scotland, to the bishops and other Catholic judges as your Holiness seemeth best.”
On the other hand, Mr. Froude, the English historian, does not refute this act of Parliament, but as evidence of Mary’s guilt, which he most vehemently declares, cites another act of Parliament, and states the following:—
“The Parliament met on the 15th of December. A series of acts embodying the resolutions of the Council were prepared by the Lords of the Articles,—among them were Huntley and Argyle. The abdication of Lochleven, the coronation of James, and the regency of Murray were successively declared to have been lawful; and lastly, in an act ‘anent the retention of their sovereign Lord’s mother’s person,’ the genuineness of the evidence by which her share in the murder was proved was accepted as beyond doubt or question.
“When the measure was laid before Parliament, Lord Herries, with one or two others, protested, not against the truth of the charges, but ‘against an act which was prejudicial to the honor, power, and estate of the Queen.’ But their objections were overruled. The acts were passed; the last and most important declaring that ‘the taking of arms by the lords and barons, the apprehension of the queen’s person, and generally all other things spoken and done by them to that effect, since the 10th of February last period, were caused by the said queen’s own default.’ It was most certain, from divers her privy letters, written wholly with her own hand, to the Earl of Bothwell, and by her ungodly and dishonorable proceeding to a pretended marriage with him, that she was privy art and part of the device and deed of the murder, and therefore justly deserved whatever had been done to her. Indirect counsel and means had been used to hold back the knowledge of the truth, yet all men were fully persuaded in their hearts of the authors and devisers of the fact. The nobility perceiving the queen so thrall and so blindly affectionate to the tyrant, and perceiving also that both he and she had conspired together such horrible cruelty, they had at length taken up arms to punish them.”
Surely both of these acts of Parliament cannot be trustworthy. Froude refers to Anderson’s Collection as his authority; Miss Strickland, to the register-house, Edinburgh, where the act may be seen in the original Latin. According to one, Mary, Queen of Scots is most clearly proven innocent; according to the other, Mary is most clearly proven guilty. The question therefore rests on the validity of the two acts. The reader may choose between them.
Regarding the famous “Silver-casket Letters,” these two English authorities thus comment. Miss Strickland says: “Several hundreds of Mary Stuart’s genuine letters are now before the public, commencing with those she wrote to her mother in her artless childhood. Not one of these bears the slightest analogy, either in style, sentiment or diction, with the eight suspicious documents she is alleged to have written. But argument is rendered unnecessary by the fact that the discovery of letters so discrepant with anything ever written, ever said or done, by Mary Stuart, rests solely on the testimony of Morton, one of the conspirators in the murder of Darnley. Prince Labanoff, who has devoted his life to the collection and verification of Mary Stuart’s letters, rejects this supposititious series, because, as he briefly observes, ‘there is nothing to prove their authenticity’; while the elder Tytler, who, as a lord of session, or judge, had been accustomed to study and collate evidences in the criminal courts of Scotland, has written two able volumes to expose their fallacies, under the title of ‘A Critical Enquiry into the Evidences.’”