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A69648 A detection of the actions of Mary Queen of Scots concerning the murther of her husband, and her conspiracy, adultery, and pretended marriage with the Earl Bothwell and a defence of the true Lords, maintainers of the King's Majesties action and authority / written in Latin by G. Buchanan ; translated into Scotch and now made English.; De Maria Scotorum regina. English Buchanan, George, 1506-1582. 1689 (1689) Wing B5282; ESTC R4626 77,119 81

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Judgment the Writing and Protestation under written desiring the same to be registred and inserted in the Books of Adjournal the tenor whereof followeth The same day appeared Mr. Henry Kinrof Proctor for Andrew Master of Errole Constable of Scotland and alledged that the Constables for the time of this Realm hath been at all times by past only Judges competent to all such Persons as have been accused criminally for committing of Slaughter Murther or of Blood drawing near to the Princes Chamber or within four Miles of the same And therefore the said Master now being Constable of this Realm ought and should be the competent Judge to Iames Earl Bothwell and others his alledged Complices called this day and to be accused for acting any part of the alledged Cruelty treasonable slaughter of the late Henry King of Scots And in case Archibald Earl of Argyle as Chief Justice of this Realm or his Deputies proceed in the said Cause the said Master Henry Proctor aforesaid protesteth solemnly that the same proceeding therein shall in no wise hurt nor prejudice the said Constable in his Office Rights title of Rights Interests Jurisdiction or Investment thereof in any sort but that he may use and exercise his said Jurisdiction in all such Cases in times coming conform to his Investment of the said Office and use of Cognoscing used by his Predecessors and before him in like Causes All which time he makes it known either by Investment or other ways sufficiently him to have Jurisdiction in such Causes And desires the same Protestation to be inserted in the Book of Adjournal and admit it under Protestation that he affirm not the Lord Justice Jurisdiction in any sort in proceeding in the said matter The Justice being advised with the said Alledgeance and Protestation found by Interlocutor and ordained that Process should be laid by him in this matter notwithstanding the same in respect that nothing was shewn by the said Mr. Henry to verifie the Contents of the said Alledgeance and Protestation Whereupon the said Earl Brothwell asked a Note of Court and Instrument The said Matthew Earl of Lenox and others our Sovereign Ladies Lieges having or pretending to have Interest to pursue in the said matter being oftentimes called to have appeared and concurred with the said Advocates in pursuing of the said Action Robert Cunningham appeared alledging him Servant to the said Matthew Earl of Lenox and produced the Writing under written which he subscribed with his hand in Judgment as he that had power to use the same and protested it and desired to conform thereto in all points Of the which Writing the tenor follows MY Lords I am come here sent by my Master my Lord of Lenox to declare the cause of his absence this day and with his power as the same bears The cause of his absence is the shortness of time and that he is denied of his Friends and Servants who should have accompanied him to his honor and security of his life in respect of the greatness of his Party and he having assistance of no Friends but only himself And therefore his L. commanded me to desire a sufficient Day according to the weight of the Cause therefore he may keep the same And if your L. will proceed at this present I protest that I may without any displeasure of any man use these things committed to my Charge by my Lord my Master Whereof I take a Document Item I protest that if the Persons who pass upon Assize and Inquest of these Persons that shall enter on pannal this day clear the said Persons of the Murther of the King that it shall be wilful Error and not Ignorance by reason that it is notoriously known those Persons to be the Murtherers of the King as my Lord my Master alledges upon the which Protestation I require a Document Sic Subscribitur ROBERT CUNNINGHAM Upon the Production of the which Writing and Protestation the said Robert asked Acts and Instruments The Justice being advised with the aforesaid Writing and Protestation produced and used by the said Robert Cunningham in respect of the Letters and Writings sent to our Sovereign by the said Matthew Earl of Lenox produced it and read it in a Court whereof the Copies are under written By the which Letters and Writings the said Earl of Lenox desired a short and summary Process to be deduced in the said matter and also of the Act and Ordinance of the Lords of the secret Council granted thereupon and such like in respect of the earnest insisting of the Advocates desiring Process and right Suit of the said Earl Bothwel's earnest Petition and Desire of a Tryal to be had in the said matter with the Advice of the Lords and Barons assessors present and by an Interlocutor that Process should be deduced in the said Action this day according to the Laws of this Realm notwithstanding the Writing and Protestation produced by the said Robert Cunningham and likewise admit him to concur and assist the said Advocates in the pursuance of the said Action if he pleased Here followeth the Copies of the Letters and Writings sent to the Queens Majesty by the said Earl of Lenox I Render most humble thanks unto your Majesty for your Gracious and Comfortable Letter which I received the 24th day of this instant And whereas I perceive by the same that it is your Majesties pleasure to remit the Tryal of this late odious Act to the time of a Parliament May it please your Majesty altho I am assured your Highness thinks the time as long as I do till the matter be tried and the Authors of the Deed condignly punished yet I shall humbly crave your Majesties pardon in troubling your Highness so oft therein as I do for the matter toucheth me so near I beseech your Majesty most humbly to accept this my simple Advice in good part as follows Which is that whereas the time is long to the Parliament this matter not being a Parliament matter but of such weight and validity which ought rather to be with all expedition and diligence sought out and punished to the Example of the whole World as I know your Majesties Wisdom considers the same far more than my Wits can comprehend yet forasmuch as I hear of certain Tickets that have been put on the Tol-booth Door of Edenburgh answering your Majesties first and second Proclamations which mentions in special the names of certain Persons devisers of the cruel Murther I shall therefore most humbly beseech Your Majesty for the love of God the Honor of your Majesty your Realm and the Weal and Tranquillity thereof that it would please your Majesty forthwith not only to apprehend and put in sure keeping the Persons named in the said Tickets but also with diligence to assemble your Majesties Nobility and then by open Proclamation to admonish and require the Writers of the said Tickets to appear according to the effect thereof at the which time if they do not
trial taken therein by order of Iustice with all diligence and expedition possible have with advice of the Lords of our secret Council and also of the humble desire of the said Earl Bothwel made in our and their presence who offereth himself willing to undergo the Trial of a condign Assise according to the Laws of our Realm for declaring of this part have ordained a Court of Iustice to be set and holden in the Tol-booth of Edenburgh the 12 day of April next ensuing for executing of Iustice upon the said Earl and otherwise for the cruel odious foul and abominable crime and offence as is more at large contained in an Act made in the Books of our secret Council thereupon Our will therefore is and we Charge you strictly and command that immediately at the sight of these our letters ye go and in our name and Authority warn the said Matthew Earl of Lenox personally or at his dwelling place and all other our liege People having or pretending to have interest in the said matter by open Proclamation at the Market-crosses of our Burrows of Edenburgh Dunbarton Glascow Lanerk and other places needful to appear before our Iustice or his deputies in our Tol-booth of Edenburgh the said 12. day of April next ensuing to pursue and concur with us in the said action with certification to them that if they fail that our Iustice or his Deputies will proceed and do Iustice in the said matter the said day conformable to the Laws and Constitutions of our Realm without any longer delay or continuation and that ye summon an Assise to this end every person under the pain of forty Pounds as ye will answer to us thereupon The which to do we commit to you jointly and severally our full power by these our Letters delivering them by you duly to be executed and indorsed again to the bearer Given under our Signet at Edenburgh the 27 of March in the 25 year of our Reign 1567. Ex deliberatione Dominorum Concilii Reg. Sic subscribitur MARY Indorsments of the said Letters UPon the 29 day of March in the year of God 1567. I William Purwes messenger one of the Sheriffs in that part within constituted past at command of these our Sovereign Ladies Letters and in her Graces Name and Authority warned Matthew Earl of Lennox and all other her Majesties lieges having or pretending to have interess in the matter within specified by open Proclamation at the Market-cross of the Burrough of Edenburgh to appear before the Justice or his Deputies in the Tol-booth of Edenburgh the 12 day of April next ensuing to pursue and concur with our said Sovereign Lady in the action within mentioned with certification as is within expressed after the form and tenour of these Letters whereof I affix'd one copy upon the said Market-cross This I did before these witnesses Iohn Anderson and David Lant with divers others And for more witnessing to this my execution and indorsment my Signet is affixed UPon the last day of March the first and second days of April in the year of God above written I Gowine Ramsy Messenger one of the Sheriffs in that part within constituted past at commandment of these our Sovereign Ladies Letters and in her Graces Name and Authority warned the said Matthew Earl of Lennox at his dwelling places in Glascow and Dunbarton respectively because I searched and sought and could not apprehend him personally and all other her Majesties lieges having and pretending to have Interest to pursue in the matter herein expressed by Proclamation at the Market-Crosses of the Burroughs of Glascow Dunbarton and Lanerk for to appear before the Justice or his Deputies in the said Tol-booth of Edenburgh the said twelfth day of April next to come to pursue and concur with our said Sovereign Lady in the action within written with certification as is within mentioned after the form and tenor of these Letters whereof affixed one copy upon every one of the said Market-Crosses This I did before these Witnesses George Herbesoun Nicholas Andro Robert Letrik Messenger William Smollet David Robertson Iames Smollet Iohn Hammelton Iames Bannatine and Robert Hammelton with divers others And for more witnessing hereof my signet is affixed Subscribed with my hand Gawin Ramsy Messenger UPon the first day of April The year of God 1567. I William Lawson Messenger Sheriff in that part within constituted past at command of these our Sovereign Ladies Letters to the Market-Cross of Perth and there by open Proclamation lawfully warned Matthew Earl of Lennox and all others our Sovereign Ladies Leiges having or pretending to have interess to pursue Iames Earl Bothwel Lord Halis and Creyghton c. and certain others for the cruel slaughter and murther of the King's Grace and affixed one Copy upon the said Crosses after the form and tenor of these Letters And this I did before these Witnesses Iames Marschel Alex. Borthuike and Iohn Anderson Messengers with divers others And for the more witnessing of this my Execution and Indorsment I have subscribed this with my hand Will. Lawson Messenger The Indictment JAmes Earl Bothwell Lord Halis and Creyghton c. You are Indicted for acting part of the cruel odious treasonable and abominable Slaughter and Murther of the late the right Excellent right high and mighty Prince the King's Grace dearest Spouse for the time to our Sovereign Lady the Queens Majesty under silence of Night in his own Lodging besides the Church in the Field within this Burrow he being taking the Nights rest treasonably raising fire within the same with a great quantity of Powder through force of the which the said whole Lodging was raised and blown in the Air and the said late King was murthered treasonably and most cruelly slain and destroyed by you therein upon set purpose provision and fore-thought Fellony And this you did upon the Ninth day of February last past under silence of the Night as abovesaid as is notoriously known the which you cannot deny UPon the which Production of the aforesaid Letters executed indorsed and Indicted the said Advocate asked an Act of Court and Instruments and desired of the Justice Process agreeable thereto The said Letters being openly read in Judgment with the Indorsments thereof the Justice by vertue of the same caused to be called the said Iames Earl Bothwell as Defendant on the one part and Matthew Earl of Lenox and all others our Sovereign Ladies Liege People having or pretending to pursue in the said matter to appear before him in this Court of Justice to pursue and defend according to the Law. Immediately after there appeared in Judgment the said Iames Earl Bothwell and entered personally and then made choice of Mr. David Borthuik of Luchthil and Mr. Edmund Hay to be Prelocutors for him who also appeared personally in Judgment and were admitted by the Justice to that effect There also appeared Mr. Henry Kinrof alledging to be Proctor for Andrew Master of Errole and produced in