It may seem strange that, whatever her circumstances were, she should
have married a man who had a wife living. But it must not be forgotten
that the Catholic Archbishop of St. Andrews had declared Bothwell’s
former marriage invalid on the ground of consanguinity within the
forbidden degree, from which no dispensation had been obtained. It is
true that at a later date Mary regarded her marriage with Bothwell as
invalid;[#] but it cannot be inferred that she contracted it in bad
faith, for in the meantime doubts may have arisen as to whether the
Archbishop’s decision was founded on fact.--A good deal of uncertainty
still hangs over the value of this decision. Besides, she must have
learned, what does not appear to have occurred to the mind of the
Archbishop, that, owing to the ecclesiastical impediment of _raptus_,
she was incapable, no matter how earnestly she may have desired it, of
contracting valid matrimony with Bothwell, without having first regained
his liberty.
[#] I do not think it can be any longer doubted that Mary learned in the
course of time to regard her marriage with Bothwell as invalid; and I am
surprised that so eminent and enlightened a writer as Mr. Skelton should
argue that her "subsequent anxiety to obtain a divorce from Bothwell
proves that she continued to believe that the marriage was binding."
She was too well versed in Catholic doctrine and in the history of Henry
the Eighth’s conflict with Rome to hope for a divorce from Bothwell, if
she believed the marriage was binding. At any rate, her instructions to
Bishop Leslie, whom she sent to Rome in 1575, leave it beyond doubt that
it was not a divorce, but merely a declaration that the marriage was
null from the beginning, that she asked of the Pope. "Take good heed,"
she said, "that the Holy Father shall publicly announce that the
pretended marriage contracted between me and Bothwell, without any
legality but by a pretended procedure is of no (force). For although
there are many reasons which, as you know, make it clearly invalid in
itself, yet the matter will be much clearer if his Holiness, acting as
the most certain lawyer of the Church, will come forward to annul it."
(Published from a Cottonian MS. by the late Rev. Joseph Stevenson, S.J.,
in notes to his preface to Claude Nau’s narrative.)
During the nine days that intervened between the times he was brought
back to Edinburgh and the day of her marriage, no effort was made to
stay the proceedings. Craig, the minister of St. Giles, to whom it fell
to publish the marriage banns, courageously declared his disapproval of
the union, adding, however, the significant words that "the best part of
the realm did approve it, either by flattery or by their silence"--words
that show how completely the unfortunate Queen was left under the
control of Bothwell.
Public-domain text, read in full here on John Shaqi.
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