MARRIAGE CONTRACT OF MARY QUEEN OF SCOTS AND THE EARL OF BOTHWELL.

[Among the curious documents which have been produced from time to

time before the House of Lords in support of peerage claims, there

have been few of greater historical interest than the one which we

now reprint from the Fourth Part of the Evidence taken before the

Committee of Privileges on the Claim of W. Constable Maxwell,

Esquire, to the title of Lord Herries of Terregles. It is a copy of

the Contract of Marriage between Queen Mary and the Earl of

Bothwell, which, although it is said to have been printed by

Carmichael, in his _Various Tracts relating to the Peerage of

Scotland, extracted from the Public Records_, has not been referred

to by Robertson, or other historians of Scotland, not even by the

most recent of them, Mr. Tytler.

Mr. Tytler tells us that on the 12th of May, 1567, Bothwell was

created Duke of Orkney, "the Queen with her own hands placing the

coronet on his head," and that the marriage took place on the 15th

of May, at four o'clock in the morning in the presence-chamber at

Holyrood; and that on the following morning a paper, with this

ominous verse, was fixed on the palace gate:--

"Mense malas Maio nubere vulgus ait."

The Contract, which is dated on the fourteenth of May, is preserved

in the Register of Deeds in the Court of Session (Vol. IX. p. 86.),

and as the copy produced before the House is authenticated--and

consequently it may be presumed a more strictly accurate one than

that which Carmichael has given--it seems well deserving of being

transferred to our columns, and so made more available to the

purposes of the historian, than it has been found to be in

Carmichael's _Tract_, or is likely to be when buried in a

Parliamentary Blue Book.]

* * * * *

"Decimo quarto Maij anno domini ts. lxvij,

"Sederunt dni sessionis clericus regri.

"In pns of ye lordis of counsale comperit personale ane ry't excellent

ry't heicht and michte princes Marie be ye grace of God queene of

Scottis douieier of France on that ane pairt and ane ry't noble and

potent prince James duk of Orkney erl Bothule lord Hales crychtoun and

Liddisdeall great admiral of the realm of Scotland on y't vy'r p't and

gaif in yis contract and appointnament following subscriuit w't y'r

handis and desyrit ye samen to be insert in ye bukis of counsale to haif

ye strenth force and effect of y'r act and decreit thereupoun the q'lk

desyre ye saidis lordis thocht reasonable and y'rfor hes decernit and

decernis ye said contract and appointnament to be insert and registret

in ye said bukis to haif ye strenth force and effect of y'r act and

decreit in tyme to cum et ad perpetuam rei memoriam and hes interponit

and interponis y'r autoritie y'rto and ordenis y'r autentik extract of

the samen to be deliuerit to the foirsaid partiis and the principale to

remane apud registrum Off ye q'lk contract ye tennor followis At

Edinburgh ye xiiii. day of May the year of God I'mv'c thrie score sevin

yeris it is appointit aggreit contractit and finale concordit betwix ye

r't excellent ry't heich and mychte princess Marie be ye grace of God

queen of Scottis douarrier of France on that ane pairt and ye ry't noble

and potent prince James duke of Orkney erle Bothul lord Hales creychtoun

and Liddisdeall great admiral of yis realm of Scotland on y't vy'r p't

in manner forme and effect as efter follow is that is to say fforsamekle

as her majestie considering w't herself how almyete God hes not onlie

placit and constitut hir hienes to reigne over this realme and during

hir liftyme to governe ye peple and inhabitants y'r of hir native

subjects bot als that of hir royall persoun succession my't be producit

to enioy and possess yis kingdome and dominionis y'r of quhen God sall

call hir hienes to his mercie out of yis mortale life and how grecousle

it hes plesit him alredy to respect her hienes and yis hir realm in

geving vnto hir maistie of her mest deir and onlie sone ye prince baith

her hienes self and hir heill subjects are detbond to render vnto God

immortale prayss and thankis and now hir maistie being destitute of ane

husband levand solditerie in ye estate of wedoheid and yet young and of

flurisshing aige apt and able to procreat and bring furth ma childreyn

hes been pressit and humble requirit to yield vnto sum mariege quhilk

petitioun hir grece weying and teking in gud pairt bot cheifle regarding

ye preservatioun and continewance of hir posteritie hes condescendit y'r

to and mature deliberatioun being had towert psonage ye maist p't of hir

nobilite by way of adviss hes humblie preyit hir maistie and thocht

bettir that she seuld sefar humble hirself as to accept ane of hir awin

borne subiectis in y't state and place that war accustomet w't ye

manneris lawis and consuctud of yis cuntre rether yan ony foreyne prince

and hir maistie preferrand their aduyse and preyeris with ye welfeir of

hir relm to the avansment and promotion qlk hir hienes in pticuler

mycht heve be foreyn marriage hes in that point likwis inclinit to ye

suit of hir said nobilitie and yai bemand ye said noble prince now duke

of Orkney for ye speciall personage hir maistie well aduisit hes allowit

yair motioun and nominatioun and gratiouslie accedit y'r vnto having

recent memorie of the notable and worthie actis and gude service done

and performit by him to hir ma'tje als weill sen hir returning and

arivall in this realme as of befoir in hir hienes minoritie and dureing

the tyme of governament of umq'll hir dearest moder of gude memorie in

the forth setting of her ma'ties authoritie agains all impugnaris and

ganestanders y'r of quhais magnanimitie couraige and constant trewth

towert her ma'tie in preservation of hir awn person from mony evident

and greit dangers and in conducting of heich and profitable purposes

tending to her hienes avancement and establissing of this countre to hir

profite and universall obedience hes sa fer movit her and procurit hir

favour and affectioun that abuist the common and accustomat gude grace

and benevolence quhilk princesses usis to bestow on noblemen thair

subjectis weill deserving hir ma'tie wil be content to resaue and tak to

hir husband the said noble prince for satisfaction of the hearts of hir

nobilitie and people and to the effect that hir ma'tie may be the mair

able to govern and rewill this realme in tyme to cum dureing hir liftyme

and that issue and succession at Goddis plesure may be producit of hir

maist noble persoun quhilkis being sa dear and tender to hit said

dearest son efter hir ma'ties deceas may befoir all oyris serve ayd and

comfort him Quhairfore the said excellent and michtie princesse and

queene and the said noble and potent prince James duke of Orknay sall

God willing solemnizat and compleit the band of metrimony aither of them

with vther in face of haly kirk w't all gudly diligence and als hir

ma'tie in respect of the same metrimony and of the succession at Goddis

plesure to be procreat betwix thame and producit of hir body sall in her

nixt parliament grant ane ratificatioun w't aviss of hir thrie estates

quhilk hir ma'tie sall obtene of the infeftment maid be hir to the said

noble prince then erll Boithuill and his airis maill to be gottin of his

body quhilkis failzeing to hir hienes and hir crown to returne off all &

haill the erldome landis and ilis of Orknay and lordship of Zetland with

the holmes skeireis guylandis outbrekkis castells towrs fortalices

manner places milns multures woddis cunninghares ffishings as weill in

ffresh watters as salt havynis portis raidis outsettis parts pendicles

tennentis tennendries service of frie tennents advocation donation and

richt of patronage of kirkis benefices & chaplanries of the samyn lyand

w'tin the sherifdom of Orknay and ffowdry of Zetland respective with the

toll and customs within the saidis boundis togidder with the offices of

sherifship of Orknay and ffowdry of Zetland and office of justiciarie

w'tin all the boundis als weill of Orknay as Zetland with all

priviledges fies liberties and dewities perteining and belanging y'rto

and all thair pertinentis erectit in ane haill and frie dukrie to be

callit the dukrie of Orknay for evir and gif neid be sall mak him new

infeftment thairvpoun in competent and dew form quhilk hir ma'tie

promittis in verbo principis and in caiss as God forbid thair beis na

airis maill procreat betwix hir ma'tie and the said prince he obleiss

his other airis maill to be gotten of his body to renunce the halding of

blenchferme contenit in the said infeftment tackand alwyis and ressavand

new infeftment of the saidis landis erlldome lordships ilis toll customs

and offices abovewryten and all thair pertinents erectit in an dukrie as

said is quhilk name and titill it sall alwyis retene notwithstanding the

alteratioun of the halding his saidis airis maill to be gotten of his

body payand zeirlie thairfore to our said soverane ladies successoris

y'r comptrollaris in y'r name and soume of twa thousand pundis money of

this realme lykas the samyn wes sett in the tyme of the kingis grace her

gracious ffader of maist worthie memorie Mairowir the said noble and

potent prince and duke obleiss him that he sall no wayis dispone nor

putt away ony of his lands heretages possessiones and offices present

nor quhilkis he sall happen to obtene and conquies heireftir dureing the

mariage fre the airis maill to be gottin betwix him & her m'tie bot yai

to succeid to the same als weil as to the said dukrie of Orknay.

Furthermair it is concludit and accordit be hir ma'tie that all

signateurs tres and wrytingis to be subscrivit be hir ma'tie in tyme to

cum eftir the completing and solemnization of the said mariage other of

gifts dispositiones graces privileges or vtheris sic thingis

quhatsumevir sal be alsua subscrivit be the said noble prince and duke

for his interesse in signe and taken of his consent and assent y'rto as

her ma'ties husband. Likas it is alsua aggreit and accordit be the said

noble prince and duke that na signateurs tres nor writingis othir of

giftis dispositions graces priviledges or others sic thingis concerning

the affairs of the realme sall be subscrivit be him onlie and w'tout hir

ma'ties aviss and subscription and giff ony sic thing happin the samyn

to be of nane availl. And for observing keiping and fulfilling of the

premisses and every poynt and article y'r of the said noble and michte

princesse and the said noble prince and duke hes bundin and obleissit

thame faithfullie to otheris and ar content and consentis that this

present contract be actit and registrat in the buiks of counsale and

session ad perpetuam rei memoriam and for acting and registring hereof

in the samyn buiks her ma'tie ordains hir advocattis and the said noble

prince & duke hes maid and constitute m'rs David Borthuik Alex'r Skeyn

his prors con't'lie and sea'tie promittand de rato. In witness of the

quhilk thing hir ma'tie and the said noble prince and duke hes

subscrivit this present contract with thair hands day yeir and place

foirsaids befoir thir witnesses ane maist reverend ffader in God Johnne

archbishop of Sant Andrews commendator of paisly & George erll of

Huntlie lord Gordon and Badzeneth chencelar of Scotland &c. Dauid erll

of Craufurd lord Lindsay Andro erll of Rothes lord Leslie Alexander

bishop of Galloway commendator of Inchaffray John bishop of Ross Johnne

lord fflemyng Johnne lord Hereiss W'm Maitland of Lethington youngar

secretar to our soverane ladie sir Johne Bellanden of Auchnoule kny't

justice clerk and M'r Robert Crichton of Elioh advocat to hir hienes

with oy's diverss."

(Signed) MARIE Rx.

Notes and Queries, Number 07, December 15, 1849 · 第 3 / 73 题