[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.