then wrote to Elizabeth, who sent a despatch, urging on Mary the reasonableness of the request of Lennox. She stated that Lennox represented that there was a combination to screen Bothwell, and prevent justice being attained, and exhorted her, as she valued her reputation, to see that a fair trial was given.
The letter of Elizabeth was forwarded by the provost of Berwick, who arrived with it on the morning of the trial, but Bothwell and his accomplice Maitland pretended that the queen was asleep, to prevent her seeing the letter, or being known to see it, before the trial. The provost, indeed, from the moment he entered the city, was quite satisfied that no justice was intended. The palace and the castle were entirely in the hands and surrounded by the retainers of Bothwell and his accomplices. The provost, though known as the envoy of the Queen of England, was rudely treated, and called an English villain, who had come to prevent the trial. When Bothwell and Maitland came out of the palace, he handed them his despatches, with which they returned, but soon came out again, and without deigning him an answer, mounted and were riding away. But the provost, who resolved to assert his proper dignity, pressed up to them and called for his answer. They assured him that the queen was asleep, and could not be disturbed. Such conduct and such an excuse, when an envoy from the Queen of England had come express on most important business, showed a determination to pursue a concerted course at all risks. Moreover, a servant of De Croc, the French ambassador, at the very moment that Bothwell and Lethington rode out, saw Mary standing at an upper window of the palace with the wife of Lethington, and pointed her out to the provost, who observed her give a friendly nod to Bothwell as he went away.
The trial was precisely such as might be expected under the circumstances. The Court was surrounded by the retainers of Bothwell, the jury was selected from those in his interest, the judges were all under the awe of his power, and the Earl of Lennox, who was approaching, accompanied by his friends, was forbidden to enter the Court with more than six of them. It would have been madness to proceed, especially as the hagbutters of Bothwell, who crowded round the door, would have suffered no material witness to enter, if any such daring mortal could be found. Lennox demanded more time, and liberty to bring forward his friends and proofs; it was refused: the jury, without hearing any evidence, pronounced a unanimous acquittal of Bothwell. On this being decided Bothwell challenged any gentleman who dared to accuse him of the king's murder. Sir William Drury wrote at once to Cecil to pray the queen that he might accept the challenge, being perfectly sure of Bothwell's guilt, but it does not appear that the queen consented, for nothing came of it.
The public of Scotland were greatly scandalised at these proceedings, and the people of Edinburgh openly expressed their disgust in the streets; the very market-women calling out to Mary as she rode through the city, "God preserve your grace, if you be innocent of the king's death." Drury wrote to Cecil that not only had Bothwell insulted the public sense by riding to the trial on Darnley's favourite horse, but that he was assured that Mary sent him an encouraging message and token during the trial. In fact, so completely had this unfortunate princess now become infatuated by her passion for the murderer of her husband, that nothing could open her eyes, so that the people declared that Bothwell had bewitched her with love philtres. As if to defy the public opinion, Mary called a Parliament, appointed Bothwell to bear the crown and sceptre before her as she rode thither, and passed a bill fully confirming his acquittal at the trial. To win the clergy, she abolished all laws restricting the free enjoyment of religious liberty, and made provision for the poorer members of the ministry. The Assembly, however, unwarped by such favour, presented to her an address praying for a searching inquiry into the king's murder, which she took in very ill part.
Rumours now arose that Bothwell was about to divorce his wife, the sister of Huntley, to whom he had only been married six months, and to marry the queen; but in the face of this Mary conferred on him the castle and lordship of Dunbar, with extension of his powers as high admiral. As the rumours of the queen's intended marriage with Bothwell grew, Murray, her brother, stole away out of the contact with danger or responsibility, and retired to France. But, nevertheless, she did not lack warning. Her ambassador at the Court of France entreated her, in the most serious manner, to punish her husband's murderers, and not allow the world to use such freedom with her character as it did. "Lord Herries," according to Melville, "went to her and told her what bruits were passing through the country of the Earl of Bothwell murdering the king, and how she was to marry him; requesting her Majesty, most humbly upon his knees, to remember upon her honour and dignity, and upon the surety of the prince, which would be all in danger of tincell, in case she married the said earl, with many other great persuasions to eschew such utter wrack and inconvenients as that would bring on. Her Majesty marvelled of such bruits without purpose, and said there was no such thing in her mind."
She had equally strong letters from her friends in England, which Melville showed to her, and was advised by Maitland of Lethington to get away from Court for fear of Bothwell. Bothwell, however, soon put the matter beyond doubt. He invited the principal nobility to a tavern, kept by one Ansley, and there he drew out of his pocket a bond, expressing his innocence of the murder of Darnley, as established by the bench and the legislature, and his intention to marry the queen, and containing, it is said, her written warrant, empowering him to propose the matter to the nobility. The company was composed partly of his friends and accomplices. The rest were taken with confusion, but they had all now been deeply drinking, and they found the house surrounded by 200 of Bothwell's hagbutters. Under this constraint, eight bishops, nine earls, and seven lords, subscribed the paper. The Earl of Eglinton contrived, notwithstanding the hagbutters, to make his escape, but there yet remain to the copy of this bond in the State Paper Office the signatures of the Earls of Morton, Argyll, Huntley, Cassillis, Sutherland, Glencairn, Rothes, and Caithness; and those of the Lords Hume, Boyd, Seaton, Sinclair, and even Herries, who had strongly dissuaded the queen from this very measure.
