XXIII. acquittals may give legal safety, but never relieve CHAP. the reputation from the charge which impeaches it. Three days before this theatrical trial, Murray had left Edinburgh for France." On 21st April, Mary visited her son at Stirling; and on her return shortly afterwards, was met by Bothwell at the head of eight hundred horsemen; and, with Huntley, Maitland and sir James Melville, was taken to Dunbar Castle.45. On 29th April he brought her to Edinburgh; and then began a suit of divorce against his own wife, to enable him to wed another." 47 The queen signed the written declaration of the peers in his favor: and a minister of the church was ordered to publish banns of marriage between Bothwell and the queen. The clergyman hesitated and refused, but at last obeyed, yet marking his official act with his public reprobation of the nuptials." On 12th May, Mary appeared 441 Chal. 330. Melv. 178. 48 45 Keith's History, p. 383. Between Linlithgow and Edinburgh, the earl Bothwell was in her road, with a great company, and took her majesty by the bridle.' Melv. 177. 46 Ib. 337. 47 6 Keith, 383. The divorce was finished in a very few days.' ib. Robertson has printed, in his appendix, the sentence of it. On 29th April 1567, the application was made in his wife's name against him, on a charge of adultery with her servant; and on Saturday 3d May, the divorce was ordered. Rob. app. 234-6. 48 This strange instrument is dated 19th April 1567, at Edinburgh, by which they undertook to defend Bothwell against any charge for the murder, and to further his marriage with the queen, in case she should humble herself to it. See it in Anderson, v. 1. p. 107-111. And Mary's underwritten promise on 14th May, not to accuse the subscribers for it. ib. p. 111. Craig, the clergyman applied to, when examined about it by the general assembly, stated, that he had refused, because he had not her handwriting, and had heard that she was in captivity. On Wednesday the chief justice brought him her written declaration, that she was not in captivity, and charging him to proclaim the banns. On Friday he publicly mentioned it, with his objections, and again on Sunday, declaring that he abhorred and detested it. For this on the following Tuesday he was called before the state council and rebuked, and on II. 52 BOOK in the court of sessions, and made a public declaration of her good mind toward Bothwell.50 Creating him duke of Orkney, she two days afterwards entered into a formal contract of marriage with him :"1 and on the next morning the nuptial ceremony was publicly performed in the great hall of the palace, after the sermon ;" and she sent off envoys to France and England to communicate the tidings." These events need no comment. They are not calculated to lessen any disadvantageous impression against Mary, which the anterior facts produce on the unprejudiced judgment; and wherever they are not felt to be unfavorable, no argument or observation will produce the adverse feeling. Nor can any moral condemnation be necessary, when the result of such transactions became so signally admonitory both of their character and consequences. The Scottish nobles, who, from common foresight and prudence, could not desire or submit Wednesday proclaimed the marriage with his further remarks. And. 2. p. 278-82. So that the banns were publicly canvassed for eight days, and were therefore neither secret nor hurried. 30 Anderson has printed the record of her personal appearance, dated 12th May, v. 1. p. 87. Nothing could be more public or free. It enumerates the chancellor, five bishops, the provost, five lords, and fourteen other persons as the lords of session then present. The pretext of her acting on compulsion when she could thus make her public appearance and avowal seems highly unreasonable. 51 Chal. 1. p. 338. Melville mentions, that having received a letter from England, stating the report that the queen was going to marry Bothwell, the murderer of her husband, and that if she did so she would destroy her reputation; he shewed this to the queen, who read it, but only called Maitland, and told him that it was a device of his to injure Bothwell. 176. 52 Melv. 179. The bishop of Orkney performed the service, ib.; for which he was afterwards deprived by the act of the assembly. This act is in And. v. 2. p. 284. Keith, 386. So that all supposition of Mary's compulsion or aversion appear to be unfounded. 53 Anderson, v. 1. p. 89-107. They contain long panegyrics on Bothwell. XXIII. to have a Bothwell for their matrimonial sovereign, CHAP. with a queen so pliant to his will as Mary, combined for their mutual safety to dethrone her, that such a man might not wield the power of her regal government; and therefore resolved to crown her infant son, with a guardian regency, as best fitted to sustain the general peace and welfare. Each party prepared their forces, to decide the contest by arms; but on the 6th June, the queen and her new husband found such few supporters, that they retired from the conflict to Borthwick Castle. Surrounded by the confederate forces, Bothwell, perceiving his inferiority, escaped from its walls, while Mary fled, also in man's apparel, to Dunbar Castle. Summoning from thence, on 12th June, her subjects to her succor, two thousand again joined her; with which, after moving to the metropolis without much benefit, on 14th June she marched out of Edinburgh, to try the chance of a desperate effort. On the next day the insurgent nobles, with their divisions under Morton and Athol, met her on Carberry Hill. Bothwell offered a personal battle, to prove his innocence, and challenged the earl of Morton; but the lord of Grange taking up the defiance, Bothwell shrunk from it,54 and quitted the field. On his retreat, Mary surrendered herself, in vexation and fear, to the combined chiefs; and was taken, amid the insulting exultation of the multitude, to her capital," and from thence, on her persisting attachment to Bothwell, was consigned to 54 As he did also from Tullibardine and Lyndsay. Melv. 184. 55 The detail of all these incidents are ably given in the interesting narratives of Dr. Robertson and Mr. Hume. Keith presents the earlier statement, with the documents; and Mr. Chalmers has reviewed and colored all, and discolored much by his peculiar comments. Melville may be also read as an original narrator. 181-6. BOOK 57 the care of Douglas, in the castle of Lochleven.56 The 58 6 56 Melville says, The same night it was alleged that her majesty senta letter to E. Bothwell, calling him her dear heart,whom she would never forget nor abandon for absence. This letter the bearer delivered to the lords, on which they took occasion to send her to Lochleven.' p. 185. The order for her confinement, dated 16 June 1567,' was signed by Morton, Athol, Mar, Glencarn, Ruthven, Hume, Lyndsay, Sempil, and other barons and gentlemen.' Keith, 403. 57 Keith has printed the boud, dated 16 June, by which, We, the earls, lords, barons, commissioners of boroughs, and others underwritten, engage to support each other, till the authors of the said cruel murder and ravishing be condignly punished; the said marriage dissolved; our sovereign released from the thraldom, bondage and ignominy which she has sustained by occasion of the said earl; the person of the prince reposed in full surety, and justice restored and uprightly administered.' Keith, 406. 58 On 14th July, sir N. Throckmorton wrote from Edinburgh to Elizabeth, The lords keep her very straitly, because the queen will not by any means be induced to lend her anthority to prosecute the murderer; nor will consent by any persuasion to abandon the lord Bothwell for her husband; but avoweth certainly that she will live and die with him.' Lett. in Rob app. 244. 59 Her attachment was so strong, that Throckmorton added,' She saith, that if it were put to her choice to relinquish her crown and kingdom or the lord Bothwell, she would leave her kingdom and dignity to go as a simple damsel with him; and that she will never consent that he shall fare worse, or have more harm than herself.' ib. Hence he remarks, As far as I can perceive, the principal cause of her detention is, that these lords do see the queen being of so fervent affection towards the earl Bothwell as she is.' ib. 244. 60 The common people do greatly dishonor the queen, and mind seriously either her deprivation or her destruction. The women be most furious and impudent against the queen, and yet the men be mad XXIII. servants, and their confessions, did not diminish the CHAP. popular ferment. Her deposition, and the conducting of the government in the name of her son, became then resolved on;62 and after much intreaty, she gave an assent to it, which could not have been voluntary.63 Murray was recalled into Scotland, and settled in the regency, and the infant prince James was crowned."* Bothwell in the meantime had retired from Dunbar to the Orkneys and Shetland, pursued by the lord Grange, by the proclamations of the new government, and by the general execration.65 Sailing to Norway, and attempting to capture a trader, the Danish government sent out vessels of war to take him. There he was kept in a strait prison, wherein he became mad, and died miserably.' 68 966 But a party of her noble friends, after her deluder's expulsion, began to unite in her favor;" and in the beginning of the following May, she was assisted to escape from Lochleven Castle, and with such forces as she could obtain on her side, under Argyle, endeavored, on 13th May 1568, to move from Hamilton to Dumbarton Castle. The regent met her with a superior army at Langside, in Ren enough.' Lett. ib. On 8th July the envoy's dispatch was, 'She will by 63 Melville describes the solicitations, p. 189–192. 65 Melv. 186, 7. 66 Ib. 186. 67 Melville has inserted their counter-bond, p. 195. It is signed by St. Andrews, Argyle, Huntley, Arbroath, Galloway, Ross, Fleming, Herries, and three others p. 196. 68 By the aid of George Douglas, the brother of her noble keeper and the regent's half brother: the old lady her mother was also thought to be upon the council.' Melv. 199. |