On Saturday, the 12th of April 1567, a Justiciary Court was held in the tolbooth of Edinburgh, for the trial of the Earl of Bothwell. The Lord High Justice the Earl of Argyle presided, attended by four assessors, or legal advisers, two of whom, Mr James MacGill and Mr Henry Balnaves, were Senators of the College of Justice; the third was Robert Pitcairn, Commendator of Dumfermlin, and the fourth was Lord Lindsay. The usual preliminary formalities having been gone through, the indictment was read, in which Bothwell was accused of being "art and part of the cruel, odious, treasonable, and abominable slaughter and murder, of the umwhile the Right High and Mighty Prince the King's Grace, dearest spouse for the time to our Sovereign Lady the Queen's Majesty."[73] He was then called as defender on the one side, and Matthew Earl of Lennox, and all others the Queen's lieges, who wished to pursue in the matter, on the other. Bothwell appeared immediately at the bar, supported by the Earl of Morton, and two gentlemen who were to act as his advocates. But the Earl of Lennox, or other pursuers, though frequently called, did not appear. At length Robert Cunningham, one of Lennox's servants, stepped forward, and produced a writing in the shape of a protest, which his master had authorized him to deliver. It stated, that the cause of the Earl's absence was the shortness of time, and the want of friends and retainers to accompany him to the place of trial; and it therefore objected to the decision of any assize which might be held that day. In reply to this protest, the letters of the Earl of Lennox to the Queen, in which he desired that a short and summary process might be taken against the suspected persons, were produced and read; and it was maintained by the Earl of Bothwell's counsel, that the trial ought to proceed immediately, according to the laws of the realm, and the wish of the party accused. The judges, having heard both sides, were of opinion that Bothwell had a right to insist upon the trial going on. A jury was therefore chosen, which does not seem to have consisted of persons particularly friendly to the Earl. It was composed of the Earls of Rothes, Caithness, and Cassils, Lord John Hamilton, son to the Duke of Chatelherault, Lords Ross, Semple, Herries, Oliphant, and Boyd, the Master of Forbes, Gordon of Lochinvar, Cockburn of Langton, Sommerville of Cambusnethan, Mowbray of Barnbougle, and Ogilby of Boyne. Bothwell pled _not guilty_; and, no evidence appearing against him, the jury retired, and were out of court for some time. When they returned, their verdict, delivered by the Earl of Caithness, whom they had chosen their chancellor, unanimously acquitted Bothwell of the slaughter of the King.[74]