Thir words, with mony mae, cryand conti- | in sick sort, that he was, to the appearance of nually unto his God, even to the very end, cry-man, ane of the maist penetent sinners that hes and, my Lord Jesus, sweit Jesus, have mercy bein sein this lang tyme, and mey be comptit ane upon me, as you have had upon uther sinners, example of God's mercies to all penitent sinneris. 55. Trial of the Earl of MORTOUN, for the Murder of Henry, lord Darnley, Husband of Mary Queen of Scots: 23 ELIZ. A. D. 1581. [Arnot's Criminal Trials, 388. 2 Laing's Hist. of Scotland, 319.] Jacobus Comes de Mortoun, Dns. de Dalkeith, &c. accusatus callumniatus de arte, parte, prescientia conselatione, et non releuatione proditorie murthure quondam nobilissimi et charissimi Henrici regis Scotorum, patris S. D. N. Regis Jacobi sexti. | MOURTOUN his forfaltrie; Curia justi- cawseing command, hounding, sending, parciarie S. D. N. regis tenta et inchoata in pre-taking assistance and ratihabitione, upon the torio bargi de Edinburgh, primo die mensis tenth day of the sd moneth of Feberwar 1566 Junii, anno Dni. millesimo quingentesimo years, at twa hours after midnight, or therby, octuagesimo primo, per honorabiles et discretos come to the lodgeing besyde the Kirk of Feild, viros Jacobum Striviling de Keir militem, et within the said burgh of Ed, wher our sd sovemagistrum Joannem Grahame justiciarios in rane lords umqll dearest father was lodgit for hac parte per commissionem S. D. N. regis, ac the tyme, and ther be way of hamesukin, briDnorum ejus secreti concilii specialiter con- gancie, and foirthowght fellonie, maist vylelie, stitut. ad effectum subscriptum sectis vocatis, unmercifullie, and treasonablic, slew and muret curia legittime affirmata, &c. theirt him, with Wm Tayliour and Andro Makage, his cubicularis, when as they, buriet in slep, were takeand the nyghts rest, brunt his hoill lodgeing forsaid, and raised the samen in the air be force of gun poulder, qike a lytle afore was placit and imput be him and his for saids under the grund, and angular stains, and within the voltis, in laich and darnit pairts and places yrof, to that effect, and richt, swa he with the remanent persouns afornamit, marrowis of his mischeife, be themselves, yr servants, complices and uthers, in yr names, of their causing, command, hunding, sending, and airt, and pertaking, assistance, and ratibabition, at the tymes forsaids, respective, gave their favor, counsall, and help to the perpetration of the said horrible crymes, and ay sinsyne hes simulate, hid, and conceillit the samen, in maist treasonable and secreit maner, and theirthrow had incurrit the paines of leismagestie, and sould have bein punishit theirfor with all rigour, be tinsall of life, lands, and guids, and be extinctioun of fame, honour, titles, and me morie, conform to the lawis of this realm; lykeas the remanent persouns afoirnamed, his complices and conspirators with him in their Nomina assizae elect. jurat. et admiss. super prefato Jacobo Comite de Mortoun, &c. viz. Colinus Comes Ergadie, Joannes Comes de Montrois Audreas Comes de Rothes, Jacobus Comes de Glencairne, Hugo Comes de Eglintoun, Alexander Comes de Sutherland, Joannes Dns. de Maxwell, Georgius Dns. de Seytoun, Jacobus Das. Ogilvie, Jacobus Das. Innermaithe, Hugo Dus. Somervell, Alexander Magister de Levingstoun, Alexander Mr. de Elphinstoun, Joannes Gordoun de Lochinvar, Miles, Patricius Hepburne de Wachtoun, Patricius Learmonth de Dersie, Miles, Willielmus Livingstoun de Kylsyth, Miles. The whilk day the said James earle of Mortoun being indyttit and accusit, that, in the moneths of Januarii and Febrii, in the yeir of God 1566 yeiris, he, accompaniit with James, some tyme earle Bothwell, James Ormistoun some tyme of that iike, Robert, alias Hob Or-treasonable impieties, were already tryed and mistoun his father brother, John Hay some tyme of Tallo, younger, John Hepburne, callit John of Bowtoun, and divers others his complices, craftelie and secretlie conspirit among them selves, consultit, treatit, devysit, and maliciously concludit the maist shainetul, detestable, and unnatural murther and patricide of 'our soverane lords umquhill dearest father, Henry king of Scotts, lawful spouse for the tyme to his hienes's dearest mother Mary, then quein of Scotland, and that within the burgh of Ed., pallice of Hallyruid-house, and uthers places thereabout; and to the end he myght bring his wicked, filthie, and execrabill attempt at better to pass, he with the remanent persouns afoirnamed, be themselves, yr servants, complices, and others, in yr names, of their forfaultit for the self same hynous and detestable crimes, and for the maist part, as they could be apprehendit, had sufferit maist shame. ful deid theirfor, according to yr deserving, as at mair lenth is contained in the dittay given in anent the premisses, with the taikins and probatiouns producit and usit theirwith; qlkes being read, the said James earle of Mortoun, and he anserand yrto, denyit the samen, be reasoun wherof the said justice-deputis referrit the samen to the knawledge of the inquest and assyse above written, wha wes resavit and admittit in presence of the said earle, and they being furth of court removed, and ryply advisit with the said dittay, taikins infallible and maist evident, with the probatiouns producit and suit for verelieing theirof, and yrafter inenter and againe in court, they all in ane voyce, be the pronounceing of the mouth. of John earle of Montrose, chancellar choisen be the sd assyse, fyllit the said James earle of Mortoun of airt, pairt, foirknawledge, and conceiling of the treasonable and unnatural murthers forsaids; after the qike conviction, the saids justice-deputis, be pronunciatioun of Andro Lindsay, demster of the said count, adjudgit, and for dome gave, that the said James earle of Mortoun sould be had to ane gibbet besyde the mercat-crose of the sd burgh of Ed., and - ther be hangit while he be deid, and yrafter drawin, quarterit, and demaneit, as ane traitour; and that all his lands, heretage, offices, possessiones, tackes, steadings, cornes, cattell, actiounes, debtes, obligations, guids moveable and unmoveable, and uthers whatsomever whilkis pertenit to him, sould and aught appertaine, to our soverane lord, and to be applyit to his hienes use, be reasone of escheat of forfaultour to be uptaken' usit, and disponit, be his hienes at his pleasur; upon the qikes premises, Mr. Robert Crichtoun of Eliock, advocat to our soverane lord, asked instruments, and acts of court. Extractum ex actis curia Justiciarie antedicte, per me Wm. Stewart juniorem, notarium publicnm et clericum dicte curie per commissionem S. D. N. regis antedict. specialiter electum et juratum, &c. sub meis signo et subscriptione manualibus. Then ledge in that matter, the soume qubairof is this: Efter my returning out of Ingland, quhair I was banished for Davie's slaughter, I came out of Wederburn to Whittinghame, qubair the eirle Bothwell and I met together in the yard of Whittinghame, quhair, efter long communing the eirle Bothwell proponed to me the king's murtber, requyring what wald be my part therein, seeing it was the queines mynd that the king sould be taine away, because, as he said, she blamed the king mair of Davie's slaughter than me. My answer to the eirle Bothwell was this, that I wald not in any ways mell with that matter, and that for this cause, because I am but new cumed out of trouble, quhairof as yet I am not red, being discharged to cum neir the court be seven mylls, and therefore, I cannot enter myself in such a trouble againe. Efter this answer, Mr. Archbald Douglas entered in conference with me in that purpose, persuading me to agrie to the eirle Bothwell's desyre. Last of all the cirle Bothwell, being in Whittinghame, thair after eirnestly proponed the same matter again to me, persuading me thairto, because so was the queines mynd, and shoe wald have it to be done. Unto this my answer was, I desyred the eirle Bothwell to bring me the queines hand wryt of this matter for a warrand, and then I sould give him ane answer: utherwayes I wald not mell therewith, quhilk warrand he never purchaissed The Earl of MORTOUN'S CONFESSION. (reported, Calderwood's MS.) unto ine. The sume off all that CONFERENCE that was in caise he had gotten the queines warrand in being inquyred quhat wald have beine his part betwixt the Eirle of Morton, John Durie, that matter, wald he in respect thairof, melled and Mr. Walter Balcanquell, and the cheif with such a filthie murther as that? He anthings that they hard of him qubairof they swered, gif I had gotten the queines wryt, and can remember, that day that the said eirle so had knowen her mynd, I was purposed to suffered, quhilk was the 2d of Junii, 1581. have banished myselfe againe, and turned my FIRST, the said eirle being exhorted that he back on Scotland quhile I had sein a better sould not be discouraged in consideration of occasion. Then following forth his discourse that estate quhairinto ance he was in this world of this matter, he said, I being at St. Andro's in honour and glorie, and of the downcast to vissit the eirle of Angus a little before the quhairunto now he was brought, but rather in murther, Mr. Archbald Douglas came to me consideration of the glorie to come, he sould there, both with wryt and credit of the eirle rejoice and be of gude comfort, his answer was, Bothwell to shew unto me that the purpose of as concerning all the glorie that I have had in the kings murther was to be done, and neir a this world, I cair not for it, because I am per- poynt, and to request my concurrence and suaded now that all the honours, riches, friends, asystance thereunto. My answer was to him, pleasures, and quhatsomever I had in the world, that I wald give no answer to that purpose, seeis but vanitie, and as concerning the estate ing I had not gotten the queines warrand in quhairunto now I am brought, I thank God for wryt, quhilk was promised, and thairfore see it, and am at this poynt, that I am content ra- ing the eirle Bothwell never reported any warther to render my lyfe then to live, because I rand of the queine to me, I never melled farknow that as God has appoynted the tyme of ther with it. Then being inquyred whether he my death, so has he appoynted the manner gave Mr. Archbald Douglas any command to thereof; and therefore, seeing that now is the be there in his name, he answered, I never time, and this is the manner that best pleiseth.commanded him. Being inquyred gif he gave my God to take me, I am content, and as for my lyfe in this world, I cair not for it a penny, in respect of that immortalitie and everlasting joy quhilk I luke for, and quhairof I am assured. 2. Being requyred quhat was his part or knowledge in the king's murther, he answered with this attestation, as I sall answer to my Lord God, I sall declare trewlie all my know him any counsel thereunto, he answered, I never counselled him to it: being inquyred if he gave him any counsel in the contrair, he answered I never counselled him in the contrair. Then it was said to him, that it was a dangerous thing for him that his servand and depender was to pass to such a wicked purpose, and he knowing thereof stayed him not, sieing it would be counted his deid: he answered, Mr. Arch Thereafter he was called to dinner at two after noune, and being at dinner, sieing the brethrein of the ministrie were informed that there was wrong report made of his confessioune to the king, and that he sould have confessed meikle uther wayes then he did, whereby the king might have had ane war opinion of him, they thought gude to send down some before his suf of his confessioune, as namely, David Fergussone, John Durrie, and John Brand, who, before his death, at length told the simple truth of his confessioune to the king's majestie. At their returning againe from the Abbey, his keiper requyred him that he sould cum forth to the scaffald, he answered, sieing they have troubled me this day over meikle with warldly things, I supposed they sould have given me this one nyght leasor to have advysed rypely with my God. His keiper said all things are readye now, my lord, and I think they will not stay: he answered, and I am readie also, I prayse my God; and so, one comfortable prayer being made, he passed down to the gate, mynding to goe directly to the scaffold; but the eirle of Arrane stayed him, and brought him back againe to his chalmer, and required of him that he sould tarrie till his confessioune were put in wryt, and subscryed with his hand and the ministers that were present. He an more with these things, for I have now other thing to advyse on, that is, to prepair me for my God, sieing that I am now at a poynt to go to death, I cannot wryt in the estate wherein now bald at that tyme was a depender upon the eirle Bothwell, making court for himself, rather then a depender of myne. Efter this following forth the same discourse, he said Mr: Archbald, efter the deid was done, shew to me that he was at the deid doeing, and came to the Kirk of Field yard with the eirle Bothwell and Huntlie. Then being requyred if he received Mr. Archbald efter the murther, he answered Ifering, to inform the king's majestie of the facts did indeed. Then it was said to him, appeiruntlie my lord, ye cannot complain justlie of the sentence that is given against you, sicing with your oun mouth ye confess the foreknowledge and concealling of the king's murther, for quhilk two poynts onlie ye could not be able to abyd the law. He answered that I know to be trew indeid, but yet they sould have consisidered the danger that the reveilling of it wald have brought me to at that tyine; for I durst not reveill it for feir of my lyfe. For at that tyme to whom sould I have reveiled it? To the queine? she was the doer thereof. I was mynded to have told it to the king's selfe (father, Calderwood) but I durst not for my lyfe, for I knew him to be a bairne of such na ture, that there was nothing told him but he wald reveill it to hir againe. Being enquyred why he wald not sinsyne reviell it to the king's majesty, be answered I durst not, for the same feir. Then he said, efter the eirle Bothwell was cleinged by an assyse, sundrie of the no-swered, no, my lord, I pray you trouble me no bilitie, and I subscryed also a bond with the eile Bothwell, that if any sould lay the king's murder to his charge, we sould assyst him in the constrairie, and therefter I subscryed to the All the bonest meu can testifie what I queines marriage with the eirle Bothwel!, as sundrie uthers of the nobilitie did, being charg- have spoken in the matter; with quhilk aned thereto by the queines wryt and command. swer the eirle of Arran being satisfied, he said Then being inquyred in name of the living unto him, now my lord, ye will be reconciled God, that sieing this murther of the king's was with me, for I have nothing upon any particu ane of the most filthy acts that ever was done lar against you. He answered, it is not tyme in Scotland, and the secreits thereof hes not yet now to remember on querels, I have no querel been declared, who was the chief deid doers, to you nor any man; I forgive you and all or whether he was wirried or blown in the air, uthers, as I will all to forgive me; and so and therefore to declaire if he knew any farther therefter with a gude curage he past to the secret thereunto; he answered, as I sall an- scaffald, and being upon the scaffald, he repeits wer to God, I know no more secret in that in few words the substance of these things, the matter then I have already told and heard be quhilk before he had confessed, except that be the deposition of such as hes already suffered concealed Mr. Archbald Douglas his name, and for it, quhilk depositions are yet extant. Be- eiked some word and exhortatioun to the peoing inquyred if he knew any presentlie to be ple, quhilk he spake not before, as namely, he about the king, who was doers of that work, said, Sure I am the king sall lose a gude servant by whose companie the king or common weill this day, and so he exhorted the people, saying, might be hurt, he answered, I know none, and I testify before God, I have professed the evanwill acuse none. Last of all, it was said to gell, quhilk this day is teached and professed in bim concerning this purpose, that in respect of Scotland, and so also now I will willinglie lay his own deposition, his part wald be suspected down my lyfe in the professioun thereof; and to be more foull or he declared, he speired howheit, I have not walked therein as I aught, for what reason. It was answered, ye being yet I am assured God will be merciful to me; in authoritie, howbeit ye punisht uthers for the and I pray you all, gude christians, to pray for murther, yet ye punisht not Mr. Archbald, me; and I charge you all, in the name of God, whom ke knew to be guilty 'thereof; he that are professors of the evangell, that ye conanswered, I punisht him not indeid, neither tinue in the true professioun thereof, and maildurst I, for the causes before showne. [As tain it to your power, as I sould have, God the remaining articles of this long confes-willing, with my lyfe, lands, and all, gif I had sion relate to transactions during his regency had dayes, quhilk if ye doe, I assure you and afterwards, we proceed to the conclusion.] sall be merciful to you; but if I am. do ye not, God be sure the vengeance of God sall light upon you | equitable; and therefore that I should with all both in bodie and soul. As concerning all the my simplicity, sincerity and truth answer thererest of the things quhilk he spake comfortably unto is most reasonable, to the end that your upon the scaffald, he spake them more amply princely dignity may be my help, if my innobefore, and therefore we think it not neidful to cence shall sufficiently appear, and procure my repeit. condemnation, if I be culpable in any matter, When all his speeches were ended upon the except in the knowledge of the evil disposed scaffold, a comfortable prayer was made by Mr. minds of the most part of your nobility against James Lawson, during the time of quhilk your said husband, and not revealing of it, prayer, the eirle lay grovelling upon his face, which I am assured was sufficiently known to before the place of execution, his bodie making himself and to all that had judgment never so great rebounding with sighs and sobes, quhilk little in that realm; which also I was conwas evident signs of the inward and mighty strained to understand, as he, that was speciworking of the spreit of God, as they who were ally employed betwixt the earl Morton, and a present and knew what it was to be earnestly good number of your nobility, that they might moved in prayer, might eysily persave. The with all humility intercede at your majesty's prayer being ended, and efter that sundrie came hand for his relief, in such matters as are more unto him to be reconciled with him before his specially contained in the declaration followdeath, quhilk he most lovingly did receive, and ing, which I am constrained for my own justiefter that he had taken us all by the hand, fication, by this letter to call to your majesty's that were about him, and bidden us farewell in remembrance. Notwithstanding that I am asthe Lord, he passed both constantlie, patientlie, sured to my grief, the reading thereof will not and humble, without feir of deith to the place smally offend your princely mind. It may please of execution, and laid craig under the axe, his your majesty to remember, that in the year of hand being unbound, and thairefter Mr. Walter God 1566, the said earl of Morton, with divers putting him always in mind of Christ; and cry- other nobility and gent. were declared rebels to ing in his eirs thir words following, untill his head your majesty, and banished your realm for inwas strucken off, Lord Jesus receive my soul; solent murder committed in your majesty's in thy bands, Lord, in thy hands I commit my own chamber, which they alledged was done spreit, quhilk words he was speaking till the by command of your husband, who notwithaxe fell on his neck, and so quhatsoever he had standing affirmed that he was compelled by been before, he constantlie died the trew ser- them to subscribe the warraut given for that vant of God; and howbeit by his unfriends al- effect; howsoever the truth of that matter reledged, that as he lived proudlie, so he died mains amongst them, it appertains not to me proudlie, the charitable servants of God could at this time to be curious; true it is that I was perceive nothing in him but all kind of humility one of that number, that heavily offended in his death, in so meikle that we are assured against your majesty, and passed in France the that his soul is received in the glorie of heaven, time of our banishment, at the desire of the to the quhilk the Lord bring us all. Amen. rest, to humbly pray your brother the most Morton's Confession is confirmed by Archi-Christian king, to interceed that our offences bald Douglas's Letter to Mary, which we reprint from Robertson's History to complete the Evidence. A LETTER from Mr. Archibald Douglas to the might be pardoned, and your majesty's clemency extended towards us, albeit divers of no small reputation, in that realm, was of the opinion, that the said fact merited neither to be requisite for, nor yet pardoned. Always such was the careful mind of his majesty toPLEASE your majesty, I received your letter wards the quietness of that realm, that the of the date the 12th of November, and in like dealing in that cause was committed to Mons. manner has seen some part of the contents de Movisir, who was directed at that time to of one other of the same date, directed to go into Scotland, to congratulate the happy Monsieur de Movisir, ambassador for his ma- birth of your son, whom Almighty God of his jesty the most christian king, both which are goodness may long preserve in happy estate agreeable to your princely dignity, as by the and perpetual felicity; the careful travel of the one your highness desires to know the true said de Movisir was so effectual, and your macause of my banishment, and offers unto me all jesty's mind so inclined to mercy, that within favour if I shall be innocent of the heinous short space thereafter, I was permitted to refacts committed in the person of your husband pair in Scotland, to deal with earls Murray, of good memory, so by the other the said am- Athol, Bodvel, Arguile, and secretary Ledingbassador is willet to declare unto me, if your ton, in the name and behalf of the said earl husband's murder could be laid justly against Morton, lords Reven, Linsay, and remanent me, that you could not sollicit in my cause, complesis, that they might make offer in the neither yet for any person that was participant names of the said earl, of any matter that of that execrable fact, but would seek the re- might satisfy your majesty's wrath, and procure venge thereof, when you should have any means your clemency to be extended in their favours; to do it; your majesty's offer, if I be innocent at my coming to them, after I had opened the of that crime, is most favourable, and your de-effect of my message, they declared that the sire to know the truth of the same is most marriage betwix you and your husband had | been the occasion already of great evil in that affirms that he could give no answer unto such realm, and if your husband should be suffered time he might know your majesty's mind thereto follow the appetite and mind of such as was in, which he never received. As to the aboabout him, that kind of dealing might produce minable murder, it is known too by the dewith time worse effects; for helping of such in- positions of many persons that were executed convenience that might fall out by that kind of to the death for the committing thereof, that dealing; they had thought it convenient to join the same was executed by them, and at the themselves in league and band with some other command of such of the nobility, as had subnoblemen, resolved to obey your majesty as their scrivit band for that effect: by this unpleasant natural sovereign, and have nothing to do with declaration, the most part thereof known to your husband's command whatsoever, if the yourself, and the remainder may be understood said earl would for himself enter into that band by the aforesaid witnesses that was examined in and confederacy with them, they could be con- torture, and that are extant in the custody of the tent to humbly request and travel by all means ordinary judges in Scotland, my innocency so far with your majesty for his pardon, but before they as may concern any fact does appear suficicould any farther proceed, they desired to know ently to your majesty. And as for my dealing the paid earl's mind herein; when I had an- aforesaid, I can be no otherwise charged thereswered, that he nor his friends, at my depar-in, but as what would accuse the vessel that ture, could not know that any such like matter preserves the vine from harm, for the intemwould be proponit, and therefore was not in-perancy of such as immoderately use the same. structed what to answer therein, they desired that I should return sufficiently instructed in this matter to Sterling, before the baptism of your son, whom God might preserve; this message was faithfully delivered by me at Newcastle in England, where the said earl then remained, in presence of his friends and company, where they all condescended to have no farther dealing with your husband, and to enter into the said band. With this deliberation I returned to Sterling, where at the request of the most christian king and the queen's majesty of England by their ambassadors present, your majesty's gracious pardon was granted unto them all, under condition always that they should remain banished forth of the realm, the space of two years, and farther during your majesty's pleasure, which limitation was after mitigated at the humble request of your own nobility, so that immediately after the said earl of Morton repaired into Scotland to Quhittingaime, where the earl Bodvell and secretary Ledington come to him; what speech passsed there amongst them, as God shall be my judge, I knew nothing at that time, but at their departure I was requested by the said earl Morton to accompany the earl Bodvel! and secretary to Edenburgh, and to return with such answer as they should obtain of your majesty, which being given to me by the said persons, as God shall be my judge, was no other than these words, "Schaw to the earl Morton that the queen will hear no speech of that matter appointed unto him ;" when I crafit that the answer might be made more sensible, secretary Ledington said, that the earl would sufficiently understand it, albeit, few or none at that time understand what passed amongst them. It is known to all men, als veill be railling letters past betwixt the said earl and Lidington when they become in divers factions, as also ane buck sett furth by the ministers, wherein they affirm that the earl of Morton has confessed to them, before his death, that the earl Bodvell come to Quhittingaime to propon the calling away off the king your husband, to the which proposition the said carl of Morton As for the special cause of my banishment, I |