p>Notes and Queries, Number 07, December 15, 1849
"When Found, make a note of."—Captain Cuttle.
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