Elizabeth: April 1567

Calendar of State Papers, Scotland: Volume 2, 1563-69. Originally published by Her Majesty's Stationery Office, London, 1900.

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'Elizabeth: April 1567', in Calendar of State Papers, Scotland: Volume 2, 1563-69, (London, 1900) pp. 319-326. British History Online https://www.british-history.ac.uk/cal-state-papers/scotland/vol2/pp319-326 [accessed 24 March 2024]

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In this section

488. Trial of the Earl of Bothwell. [April 12.]

In the Justiciary court of our sovereign lady the Queen held in the "pretorium" of Edinburgh by Archibaid earl of Argyll &c. her Justice general.

The Queen's advocates, Masters John Spens of Condye and Robert Creychtoun of Eliok, produced her letters dated 28th March and exeecution of service etc. [The "dittay" against Bothwell follows.] Bothwell's procurators chosen by him in court:–Master David Borthuick of Lochthill and Master Edmond Hay. After a protest by Maister Henry Kinros as procurator for Andrew Master of Errol, Constable of Scotland, that his rights should not be prejudiced, Mathew Earl of Levenax being times called, appeared by his servant Robert Cwninghame, protesting against the shortness of time—that his absence was through fear of his life, and that any judgment by the assize would be in error—producing copies of Lennox's letters to the Queen on 26th February and 17th March—in which last he names Bothwell. Master James Balfour, Gilbert Balfour his brother. Master David Chalmer, "blak" Master John Spens, "Senyeour" Francis Basteane, John de Burdeaulx, and "Joseph Davidis bruther," as suspected murderers of the late King. The assise, Andrew Earl of Rothes, George earl of Caithness, Gilbert earl of Cassillis. Lord John Hamilton commendator of Arbroath "sone to the lord Duke," James lord Ros, Robert lord Sempill, John Maxwell lord Hereis, Laurence lord. Oliphant, John master of Forbes, John Gordoun of Lochinvar, Robert lord Boyd, James Cokburne of Langtoun, John Somervile of Cambusnethan, [ ] Mowbray of Bernebowgall, [ ] Ogilwye of Boyne, removed out of Court, "and efter lang resoning had be thame upoun the said dittay and pointis thairof," they voted and acquitted the said James earl of Bothwell of "arte and parte of the said slauchter of the king and poyntis of the said dittay," and by their chancellor George earl of Caithness protested that no evidence in its support had been brought by the pursuer. Extracted from the books of Adjournal. Signed: Joannes Bellenden, clericus justiciariœ.

9 pp. Much damaged. Indorsed: ". . . Copy of the processe of the Erle Boithwellis clengeing, subscrivit be the Justice clerk."

(2) Another copy of the same.

6 pp. Contemporary hand. Indorsed (by Cecil's clerk): "Thearle Bodwells proces whereof he was acquytte." printed in Anderson's History, Vol. II., 97, from Buchanan's Detection.

489. Answer to Bothwell's cartel. [April 13.]

Whereas James earl Bothwell has set up a writing subscribed with his hand, that he was "clengit" of the king's murder, and if any gentleman "undefamit" will deny it, he gives him the lie in his throat, and will fight him according the law of arms: the writer offers to prove by the same law "that he was the cheif and autour of that foul and horable murthair, albeit ane inqueist for feir of thair lives, hes slychtlie quite him." And humbly desires that the King of France and Queen of England will appoint a day and place for the trial within their dominions. Also warns the rest of the murderers to prepare themselves for a like offer, and that their names shall be known to all.

Seven lines follow:

"It is nocht aneuch the pure king is deid Bot the mischand murthararis occupand his steid And doubell addulltrie hes all this land schamit" etc. etc.

1 p. In Scottish writing.

490. Answers to Bothwell's cartel. [April.]

1. Copy of preceding answer.

2. For further answer to Bothwell's writing affixed to the cross: as he dare not answer the writer, nor fight him in France or England, the latter will fight him in Scotland, if the Queen gives assurance to him and his company, and the King of France and Queen of England fix the day, place, and judges, and give him and his company their princely word, whereon he "shall" declare their names. Devisers of the murder:—Mr James Balfour, Gilbert and Henry Balfour, "black" Mr John Spence, and Arch. Barton, James Borthwick, and "yong Sandy Durrame." The murderers with the hands:—The "black" laird of Ormyston of Tevydale, the laird of Branston, John Heburne of Bowton, the yong laird of Tallye, William and Edmund Blacater, James and William Edmonston, Herre Lawder, James Cullen, Patrike Wolson, "wanton" Sym Armstrong, and others whose names shall be made known.

Another ticket set on the cross:—

There is none that professes Christ and his Evangel, that can with upright conscience part Bothwell and his wife, albeit she prove him "an abhominable adulterer and worse": as he has murdered the husband of her he intends to marry, whose promise he had long before the murder.

2 pp. Copy by Cecil's clerk. Indorsed.

(2) Another copy.

2 pp. In same hand. Indorsed.

491. Lords of the Articles. [April 14.]

"Theis be the lordes of the Articles for the Parliament":—

Bishops:—St Andrews, Dunblayne, Ross, Athens. Abbots:—Arbroath, St Rinion, Balmerinoch. "For the Spiritualtie."

Earls:—Morton, Argyll, Marishal, (Rothes in his place if he had not come); Huntly (in all affairs saving his own); Bothwell. Lord Herries; with the commissioners of Ayr, St Johnston, and Aberdeen.

1 p. Contemporary English hand.

492. Band of the Nobility to Bothwell. [April 19.]

The "undirsubscryvand," considering that though the Earl of Bothwell has been tried by his peers and acquitted of the murder of the Queen's late husband the king, and has offered to maintain his innocence by the law of arms, yet he is calumneated by various persons: declare that they and all their kin etc. shall maintain his quarrel with their bodies, goods and gear. And as her majesty is now destitute of husband, in which solitary sort the common weal cannot permit her highness to continue, if it should please her so far to humble herself by taking one of her own born subjects, and marry the said Earl, they will maintain and fortify him against all that would hinder or disturb the said marriage, as common enemies, and therein bestow their lives and goods, as they should answer to God and on their honour and fidelity. Under their hands and seals at Edinburgh 19th April 1567.

To this the Queen gave consent the night before the marriage, 14th May year foresaid.

The Queen having seen and considered the above band, promises on the word of a prince that she or her successors shall never impute as crime or offence to any of the subscribers, their consent to the matter therein, or to their heirs, or any "spot" to their honour. Subscribed by her majesty with her own hand.

(fn. 1) The names of the noblemen that subscribed this band "so far as John Read might remember, of whome I had this copie being his owne hand. Beinge commonly termid in Scotlande 'Aynesleyes Supper.'"

Earls:—Murray, Argyll, Huntly, Cassillis, Morton, Sutherland, Rothes, Glencairn, Caithness—"Eglinton subscribed not, but slippid away."

Lords:—Boyd, Seton, Sinclair, Semple, Oliphant, Oglevy, "Rosse Haccat," (fn. 2) Carlelle, Herris, Gray, Hume, Ennermeth.

2 pp. Broadsheet. In two Scottish hands. Indorsed (by Randolph?): "Upon this was grounded thacusation of therle Morton."

(2) Another copy, without the Queen's approval or the names.

pp. In an English hand. The writer has been unable to read some of the words in the other copy and left blanks.

493. Kirkcaldy of Grange to Bedford. [April 20.]

It may please you to let me understand what will be your Sovereign's part concerning the late murder among us? Albeit her majesty was "slawe" in our last troubles, and lost the favour we bore to her, yet if she will pursue revenge for the murder, she will win the hearts of all honest Scotsmen again. And if we understood she would favour us, we shall not be long in revenging it. You shall receive the articles presented by the Kirk, and a protestation made by parliament. The Queen has granted to abolish all laws made by her predecessors "for religion," that may hurt us in lives, lands or goods. The Act of Oblivion shall be ratified. Parliament dissolved this day. There is none other but Huntly and Sutherland's restitution, an Act of Council for the ministers' stipends, and a part of things assured to them "in sik rowmes as they sall not get payment thereof." I pray your lordship cause copy all their other writings and send them to Robert Stewart. The last articles concerning the King's death were refused and the Queen very angry that we desired them. Edinburgh. "G."

Farther the Queen caused ratify in parliament the "clensing" of Bothwell. Cesford is put in Edinburgh Castle, but Farnyhurst, Buckcleugh and Bederowle "has disobeyed and ryden hame." She intends to take the prince out of Mar's hands, and put him in Bothwell's keeping, who murdered his father. The night Parliament was dissolved, Bothwell called most of the noblemen to supper, to desire their promise in writing and consent to the Queen's marriage, which he will obtain—for she has said she cares not to lose France, England and her own country for him, "and sall go with him to the warldes ende in ane white peticote or sho leve him. Yea! sho is so far past all shame" that she has caused make an act of Parliament against all that set up any writing that speaks anything of him. Whatever is "unhonest" reigns presently in our Court.

Albeit Bothwell set a writing offering to fight any gentleman that charged him with the murder, now when an answer is made, an act of Parliament is set out under pain of treason that none shall answer or set up any writing: yea! he that takes them down or reads them, shall "dye the dethe." Therefore please your lordship to print these two answers and write to Robert Stewart to do the like, and send them some.

2 pp. Indorsed: "The copy of the L. of G. his lettre to my lord." Marginal note by Cecil. Enclosing,

494. Petition to the Queen of Scots. [April.]

"The professors of the Evangile of Jesus Crist, even sa mony as hes refusit that Romane Antecrist, unto their soverane the Quenes majestie, wisseth grace, all good thinges, and an maist prosperous reigne":—

Addressing her as "Madam"—Since the ancient custom of this realm has ever been in all parliaments, that before all things "religion wes ever first intretit," they pray for the establishment of Christ's religion, "with the abolishment of the contrare religioun (or rather supersticion) quhilk is papistrie" [with the arguments against the Turks, Jews etc., and reference to the parliaments of Edinburgh 10 July 1560, and Dundee 15 September 1565, as in No. 403], and a new ratification of the "Lawe of Oblivion."

Item—That benefices when they "vaike," may be disponed to the welfare of the "kirk reformed."

Item—To take order for maintaining schools, colleges, universities, for sustentation of the poor, "for punishing of sik horrible crymes as lawis ar not yet established upon—sik as idolatrie, blasphemie of Godis name, manifest breking of the Sabbothe day, adulterie, incest, oppin hordome, maintaining of bordelles" etc.

Item—That plain declaration be made of the Acts of Parliament for upholding kirks, manses and glebes, as the "same actes ar sumthing obscure."

Item—That the consistorial jurisdiction of the papist bishops "and udderis that feris not God," may be "simpliciter dischargit and disannullit."

Last—That the cruel murder of the late king "be so dilligently triet and circumspectlie handlit, as the lawe of God in Deuteronome requiris," and also the law of man, so that the wicked committers thereof may be punished as they deserve.

3 pp. Copy in same hand as Kirkaldy's letter to Bedford of 20th. Indorsed: "The Peticion of the protestantes to the Q. in the parliament."

495. Lennox to Drury. [April 23.]

"Good Mr Marshall"—With hearty thanks for your diligence sending my last message to the Queen's majesty, I shall desire you again to dispatch this inclosed letter to my wife by the "through post." It is "onclossed" that you may see the contents. "From my shippe at the Garloche." Signed: Your rycht assured frend Mathow Levenax.

¼ p. Addressed: "To my very loving frend, Mr Dreury marshall of Berwyke." Indorsed (by Cecil's clerk).

496. [Kirkcaldy] to [Bedford?]. [April 24.]

This is to advertise you that Bothwell's wife is going to "pairt wiht hyr huisband," and great part of "our" lords have subscribed the marriage betwixt the Queen and him. The queen rode to Stirling this last "Munonday," (fn. 3) and returns this "Thurysday." I doubt not but ye have heard Bothwell has gathered many of his friends, some say to ride in Liddesdale—"bot I beleif it not, for he is myndit to meit the quein this day, callit Thurisday and to taik hyr be the way, and bryng hyr to Dunbar. Judge ye geif it be with hyr will or no! bot you will heir at mair lenth on Fryday and Setterday, yf you will fynd it gud that I contenew in wryteing as oceasion serveis. I wald ye rife (fn. 4) this, efter the redeing." The bearer knows nothing of the matter. "Be hym that is youris that twik you be the hand. At mydnycht."

1 p. In Kirkealdy's writing. Neither signature, address, nor indorsement.

497. Memoranda by Cecil. [April [25].]

First.—That her majesty's mind appear still to desire that the murderers of the "King of Scottes" be apprehended and "justefyed."

Secondly.—That the Queen of Scots may understand what bruits and rumours are spread through all countries on "sayd fact"—partly as men's dispositions move them—"not much to be wayed"—but gathered partly by "indifferent" men, seeing the proceedings in Scotland since the king's death.

Thirdly.—If it is found the Queen is "disposed" to marry the Earl of B.—that all means be used to interrupt it.

Fourthly.—To interrupt any league with France or alteration of religion.

Fifthly.—That redress be had for the great disorders on the frontiers.

1 p. In Cecil's hand. Titled: "The matters to be considered."

498. Instructions for Lord Grey. [April 25.]

"Being sent in post to the Quene of Scottes."

He is to declare that notwithstanding the Queen's letters, and message by Henry Killigrew, she finds daily from Scotland and all other parts, a general misliking that as yet no discovery is made of the late king's murderers, but also those most "touched" by common fame with the crime, are favoured and benefitted, whilst the father and the friends who should seek revenge, are forced by fear to leave Court, and some deprived of their offices. Wherefore her majesty is greatly perplexed, and has sent Lord Grey specially to utter to that Queen such things as are dispersed through the world to the danger of her fame, so as to know what part has truth, and what not.

It is commonly said that Bothwell was the principal author of the king's death, and his malice to him was so "notorious deadly" before it, that the king sought to escape from the realm for fear. That Bothwell's servitors, broken men such as Blakater, Spence, Collyns etc., were the doers, and Bothwell has "laboured" divers to make bands with him, by giving them lands, offices and other "gratuitees." That Edinburgh castle, long honourably kept by Mar, was taken from him because he desired justice for the crime, and given to such mean persons as Bothwell commanded; who also got the superiority of Leith to strengthen him.

On the other side such contempt or neglect in the burial of the king's body, as has increased great indignation; his father, kin and friends forced to absent themselves, and as reported, his father commanded not to come to the Court with above 6 men, while the accused were atteuded in Court by soldiers.

The Queen has a further cause of mislike: that on sending her letters thither by her provost marshal of Berwick, who arrived on Saturday 12th instant, he was refused access to Court, "violently used, deluded," and his letters only delivered after delays—and requires amends for this open insolence.

4 pp. Draft by Cecil. Indorsed (by him): "April 1567. Memoryall, Scotland."

499. Kirkcaldy to Bedford. [April 26.]

This Queen will never cease till she has wrecked all the honest men of this realm. "Scho wes mynded to cause Bothwell ravishe hyr, to the ende that scho may the soner ende the mariage, quhilk scho promesit before scho causit murder her husbande." Many would revenge it, but they fear your mistress. I am so "sutit to for to entirprise the revenge," that I must either take it in hand, or leave the country, which I am determined to do. if I get license; but Bothwell minds to cut me off ere I obtain it, and has returned from Stirling to Edinburgh. She minds hereafter to take the prince out of Mar's hands, aud put him in his that murdered his father, as I wrote in my last. I pray you let me know what your mistress will do, for if we seek France, we may find favour: but I would rather persuade to lean to England. In haste. From my house. G.

1 p. Copy by Bedford's clerk. Indorsed (by Cecil's clerk): "26th April 1567. Copy of the 1. Grange lettre to therle of Bedford."

500. Anonymous to Cecil. [April.]

The principal of the College of Jesuits in France that was in Scotland with M. Morat, returned with him "this waie" to France. There, it is bruited by the Scottish ambassador that the Lord James was the author of the king's death, and Lord Lennox is deluded and mocked by him, as the Hamiltons in time past were. The bruit that the citadel of Lyons was undermined by the "Hugonytes" is found utterly false by commissioners sent from Court, whereon by "arrest" of the privy council, those that pulled down the church and house are condemned to re-edify the same and restore to the poor man the value of his goods taken from him. Monsieur Crock is now sent to Scotland to know the truth etc. of this murder.

These are news of 20th March last.

½ p. Contemporary hand. Addressed. Indorsed (by Cecil's clerk): "April 1567. Frises sent to Mr Jo. Hales."

Footnotes

  • 1. The remainder in another hand.
  • 2. i.e., Ross of Halkhead.
  • 3. 21st.
  • 4. i.e., tear.