No More Learning

John Spence próduced Edinburgh, the 12th day April, 1567, letters from our said sovereign lady, executed
name;
and indorsed with the Summons: the tenor of which Letters, Endorsements, and Summons hereafter follows:
The Cox(Mission Mary Queen Scots, try James Earl Bothwell, for the Murder her Husband Henry Lord Darnley.
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903] STATE TRIALS, 9 Eliz. 1567. -Trial of Earl Bothwell, [90t
MARY, by the grace of God, queen of Scot the 27th day March, and our reign the land. To our beloved inasters William Purves, 25th, the year 1567. Signed accordingly
William Lawson, Gawin Ramsey messengers,
our sherisis in that part conjunctly and seve rally constitute, greeting. Whereas it has
advice the queen's council. MARY.
been most humbly remonstrated to us by our
beloved and faithful counselors, Mr. John
Spence of Conde, and Robert Crichton of Purves, messenger and sheriff constitute for Choc, our advocates, that they are informed that part, according the command the that our well beloved cousin and counselior Letters our sovereign lady, and her name Matthew earl of Lennox, father of our most and authority, hove summoned Matthew earl dear spouse, has asserted, That James earl Lennox, and others her majesty's sub
---- Bothwell, lord Hallis and Creygehton, &c. and jects, having and pretending have interest
some others, were the contrivers of the trai torous, cruel, detestable, and abominable Mur
der of his highness, committed the 9th day of leb! . ory last past, in the dead of the night, in his falo, the time being, our city Iodinburgh, near the Church the fields, wil fully and with premeditated felony; and have declared their suspicion the said earl and others, having committed the said cruel and horrid Murder. And having therefore resolved that the truth should tried, course justice, with possible diligence and brevity, we
have the advice thelords our privy-coun cil, and also the humble request and petition
what within specified, public Proclamation,
made the market cross the city Edin burgh, order appear before the Judges their deputies the Senate-House Edin
burgh, the 12th day April next ensuing,
and prosecute and join with our said sove reign lady, the cause herein set, forth, with
the land, ordered the Senate-House
the 12th sheriffs constitute for that part, went according
April next insuing,
the laws meet
court justice Edinburgh
justice the command contained the Letters of the said cruel and abominable crime and rity summoned the said Matthew earl
order
upon the said earl and others for committing our sovereign lady, and her name and autho
What was indorsed on the back of the said Conumission.
The 19th day March, 1567. William
the summons as mentioned Commission copy which
the cross the said market,
John Andersoun and David Land, and many others. And further testimony this my execution and indorsement, have hereupta
set my seal. Signed WILLIAM Pu Es. Another Summous.
The last day March but one, the 1st and 2nd days April, the year above-mentioned,
Gawin Ramsey messenger, and one the
the said
have affixed presence of
of the said earl Bothwell made presence; ering submit himself
what charged with, according
and our fair trial
offence, more large forth Act Lennox, particularly his houses Glascow
inserted the Registers our said Privy and Dunbarton. And whereas sought him, Council. Therefore our pleasure, and we but could not find him person, nor her ma
enjoin and command you most expressly, that, jesty's other subjects, pretending have in incontinent these our' letters seen, you pro terest the prosecution the cause herein
ceed, and, our name and authority, summon sct forth, made Proclamation the anarket
the said. Matthew earl Lennox,
his own others our have inter
crosses the towns Glascow, Dumbarton,
house, appear together with
subjects, having and pretending
and Lanerk,
order make them appear
his deputy, Edinburgh,
burgh, Dumbarton, Glasgow, Innerk, and day April next ensuing, and
other places necessary, the end that they may prosecution with the queen our said sovereign appear before our ges, their deputies, lady, the action within mentioned, with the
before the judge the Market crosses our towns of Edin Senate-House
the said the said 12th join the
est this cause, public Proclamation made
our Senate-House Edinburgh, the said
12th day April next ensuing, and join with
the prosecution this cause, giving
summons, there declared, and according
the form and tenor of her letters, of which
have set copy on each the said crosses those markets. have done and
them sutuloons. And case that they not
appear, we order that our Judges, their executed the above before the witnesses that
deputies, shall proceed and give sentence the follow, viz. George Herbesoun, Nich. Andrew, some day, according the laws and customs Robert Letteric messenger; Wm. Sinollet,
our realm, without any farther delay pro John Hamilton, Jam. Bannatine, Robert lia Jongoon and that you summon every one milton, and many others. And further
then appear the same day, under the pe. testimony hereof, have signed these presents malty fine 401. Sterling, for which they with my sign inanual. GAwix RAMSEY, incs
shall al-ver before for their own act
SCInger.
and deed. And this end, give every
one you conjunctiy and severally our full The 1st day April, 1567, William power, these our lette's, the intent that Lawson, messenger, and sheriff constitute for wou may deliver and execute the duiv, and that part, went according the coinmand six indorse thern him who shall be the bearer nified the Commission our sovereign lady the cot. Given under our seal Edinburgh the markct cross Perth, and there,
Another Summons.
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905] STATE TRIALS, 9 Eliz. 1567. -for the Murder of Lord Darnley. [906
public Proclamation made according to law, I Bothwell, and others his accomplices, sum summoned Matthew earl of Lennox, and all moned appear this day, and charged other subjects of our said sovereign lady, having with the above mentioned act of the cluel and pretending to have interests, in order to Murder Henry king Scotland. And prosecute James earl Bothwell, lord of Hallis case that Archibald earl Argyle, Justice and Creygehton, &c. and others, for the cruel General this realm, proceed and take cogni Murder committed on the king; and have zance this fact, the said Mr. Henry, proctor affixed a copy on the said cross, according to above-mentioned, protested solemnly that this the form and tenor of these presents And trial should not prejudieial the said con this in presence of the witnesses hereafter stable, office, right, title, profit, jurisdiction, named, viz. James Mareschal, Alex. Borth and possession, any manner whatever; but with, and John Anderson, messengers, and that might exercise his said jurisdiction many others. And in further testimony of this such causes for time come, according
required registered
Creygehton, &c. are indicted on account of the Acts, and affirmed that the jurisdiction the cruel and horrid Murder of the most excel the present judge ought not allowed
lent, most high and most mighty prince the this case.
king, the late most dear spouse of the queen's The Judge having regard this Protesta majesty, our sovereign lady, committed in the tion, did, advice his assessor, decree, dead of the night, at his house near the Church that would take cognizance the fact not of the Fields in this city, as he was taking his withstanding, since nothing had been produced rest, by treasonably setting fire to a great the said Mr. Henry, verify the contents
quantity of gunpowder in the said house, by what had alledged and protested: Of the violence where of the whole house was all which the earl Bothwell demanded an Act blown up into the air, and the king himself by and Instrument.
you killed traiterously and cruelly, wilfully, The said Matthew earl Lennox, and other and by premeditat d felony. And this you subjects our sovereign lady, having and pre
my Execution and Indorsement, I have signed the seisin his office, and take cognizance these presents with my sign manual. Signed them, his predecessors had been used accordingly, WILLIAM L. Awson, messenger, the like case. This would make appear, with my own hand. the which his predecessors had
F. The Indictment. times and
otherwise; You James earl Bothwell, lord of Hallis, that this Protestation should
and
did the 9th day of Feb. last past, in the dead of tending have interest the night as aforesaid, as is notorious, and you being called several times cannot deny. join with the said Advocates
this prosecution, appear, and prosecuting the
Upon the producing of which Letters, so said action, there appeared Robert Cunning exceuted, indorsed, and published, the said ham, who called himself servant the said Advocate demanded an Act and instrument in Matthew earl Lennox, and exhibited
the court, and required that the Judge should Writing, signed with his own hand full roceed according to the form of them. court, being authorized thereunto, and made These Letters being read in Judgment with Protestation and Requisition the whole,
the indorsements, the judge, by virtue thereof, agreeable the said writing; which the
ordered the said James earl Bothwell to be called as Defendant of the one part, and Mat
thew earl of Lennox, and other subjects
our said sovereign lady, pretending prosecute
this matter, Plaintiffs the other part my master my lord Lennox, declare the that they might appear court, and exhibit cause why this day absent, having full their Complaints and Defences, according
the laws of the realin.
And immediately appeared Judgment the
said James earl Bothwell, and entered the
Court person; after which close master
IDavid Bothwick Lutchill, and Mr. Edmund
Hay, for his Advocates, who appearing also
Judgment, were admitted the Judge for that effect.
Appeared also Mr. Henry Kinloch, calling
himself proctor for his master Andrew lord Errol, constable Scotland, and alledged, that the constable of the realin had all times been owned the only judge competent men
that quality, when accused having com mitted murder and bloodshed near the prince's chamber, and four miles round; and therefore his said master being present constable this realm, ought judge James earl
the time allowed him, and that
hindered
tenor follows:
The Protestation the Earl Lennor. My lords, am come hither, being sent
power from him for that effect, The cause then of his absence
the truth
the shortness
have his friends and servants, who ought accompany him for honour, and the safety his person, considering the strength the opposite party, and that has assistance from any his friends, but must stand him
self: Therefore his lordship has commanded me require another competent day, accord ing the importance this cause, that
may here present; but you will proceed now, protest, that may, without offence any person, make use the authority com mitted me my said lord and master, which demand Act. —Item. protest, that
those who assist this Judgment and In quest upon the persons accused, undertake
acquit them the king's Mulder, that
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907] STATE TRIALs, 9 Eliz. 1367–Trial of Earl Bothwell, [903. shall be held as a voluntary error, and not of the said cruel Murder, most humbly request
ignorance; since it is notoriously known who
they are that have murdered the king, as my said lord and master affirms; of which Pro
testation I require an Act thus signed, Robert Cunningham: of the production of which
Writing and Protestation the said Robert de manded an Act and Instrument.
The Judge considering the Writing and Pro
testation produced by the said Robert Cun
ningham, and having regard to the Letters sent
to our sovereign lady, by Matthew earl of Len
nox, also produced and read in judgment, the
tenor of which is hereafter inserted ; by which
Letters and Writing the said earl of Lennox
requires, that a brief and summary trial inay
be made of this cause : and having also regard
to the Act, and the Order thereupon taken by
the lords of the privy-council, and other such Placarts shall found false and
things; and to what the advocates insist upon as to the same fact, requiring that justice may
be done to the said earl Bothwell; and taking notice likewise of the Request and Demand which he has made, that the whole may be thoroughly examinci ; the Judge, by the ad vice of the lords and barons his assistants, found that they ought to proceed to the deci sion of the said Cause the same day, according to the laws of the realm, notwithstanding the
your majesty, for the honour God, and for that your majesty and your realm, and for the welfare and peace that you would
pleased not only cause those who are named the said placarts apprehended
and put safe custody, but likewise assem
ble your nobility with and then summon
authors the said Placarts
ends therein mentioned; and they appear not, your majesty may, the advice your nobility and council, set liberty those who are therein named. Your majesty will honourable act bringing this matter this issue, that according the matter shall appear
your majesty, you may punish and chastise
the authors this cruel fact;
the said
pleasure. Madam, pray God Almighty take your majesty into his protection and safe guard, and preserve you health and happy prosperity. From Howstoun the 26th Feb.
Second Letter from the Earl Lennor. MADAM, beseech your majesty attend
what follows: Your highness your last let
validity, acquitted and set liberty, according your majesty's good
those who are charged may
possible diligence, Proclamation the appear for the
Writing and Protestation produced by the said
Robert Cunningham, and that in the mean
time he shall be admitted to join with and as the door the Senate-House Edinburgh,
sist the said advocates, for the final Trial - of the said cause, if he thinks good.
such persons thought worthy condemna tion, for the Murder the king your majesty's husband, you would, according my advice,
Trial, this realm, and the nature the crime required. May therefore please your majesty know, that from the etters which I received the 24th of this pre time received your said Letters, always ex
sent month: by which I perceive that it is pected that some those bloody murderers your majesty's pleasure to put off the Trial of would made openly known you but this late execrable fact, till the Parliament since perceive they are not, cannot find meets. May it please your majesty to consi my heart conceal them from you any longer. der, that though I be assured that your highness Your majesty therefore has here the Names must needs think the time long till the truth of those whom greatly suspect, viz. The earl this fact be found out, and the authors of it Bothwell, sir James Balfour, and Gilbert Bal punished according to their demerits; yet I four his brother; master David Chamers; most humbly beg pardon of your majesty for black master John Spence; the sieur Francis troubling and importuning you so often as I am cus Bastian, John Buordeaux, and Joseph,
forced to do, the affair being such as touches the brother Davy Rizio whom most me so near; and therefore most humbly re humbly besecch your majesty, according my
Copies of the Letters scut to the Queen by the w Earl of Lennor.
make according
your
the laws
bring them
MADAM ; I return most humble thanks to your majesty for the gracious and consolotary
quest, that your majesty would take in good former Petition, not only
part my advice as follows: It that too hended and committed
long wait for the meeting the parliament; also with diligence
besides, this not affair that sort, which and council, and then take such advice
uses such, and
every one,
treated parliament, but being about the fact the persons abovementioned, great importance, evident they may duly examined. And
ought ratler inquired into hope, make doubt, but that proceed
with diligence, that the authors may suffer ing this anner, the spirit God will assist exemplary punishment. know that your toward bringing good conclusion. Here
majesty much more able judge than your majesty will act holy and ho but being informed that certain i*lacarts nourable for yourself, who are party, and Writings have been affixed the Gate of highly satisfy those who stand any relation the Senate-(Iouse Edinburgh, which answer the deceased, whom you loved dearly.
your majesty's first and second Procla And not doubting that your majesty will give mation, and named some persons authors proper orders for the whole, according the
*
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business
cause appre
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909] STATE TRIALS, 9 Eliz. 1567–for Murder
Lord Darnley. [910
importance the matter (as
beseech you do) shall pray
God take you into his protection,
you long life and health with grace, that your
reign may both long and prosperous. How was made George earl Caithness, Chan stoun, March 17.
Rothes, Caithness, Gilbert earl
Andrew earl
earl
Boyne.
The above-named
being chosen, admitted, and sworn give sentence according cus
tom, and the earl Bothwell being accused Indictment the crime above declared, and submitting and referring himself the Sen tence the said Judges, they went out the Senate-House another place and after hav ing long disputed together upon the articles of the said Accusation, they did each them, one after another, declare the said James earl
most humbly Almighty and give
clerk general
the said court, under my Signed, John Bellenden,
Jury deported for Bothwell.
George
Cassils, lord John
Hamilton, commendator
duke, James lord Rosse, Itobert lord Semple, counted the 10th day: and John Maxwell lord Harris, Lawrence lord Oli that way, but cavillingly defended. phant, John master Forbes, John Gourdon The Proclamations and Placarts,
Lochinvar, Robert lord Boyde, James Cock burn Lanton, John Sommerville Cumbus methan, Moubray Barnbougal, and Ogilbye
The Names the Judges the Absolution the Earl
sign, manual.
clerk of the court.
Note, That the same time Protestation
cellor the said Assize, that the said Dictate Indictment was not this point true, viz. al ledging the murder committed the 9th day Feb. , for that indeed the murder was committed the next day, being the 10th day the morning, two hours after midnight,
Arbroth, son the which law was and ought
truly ac- the acquittal
happened after, were follows.
Incontinent after the Murder the king, the 10th February, 1566, Proclamation was issued, setting forth, that whoever would dis
cover the Murderers should, have 2000l. ster ling. This Proclamation was answered Placart, fixed the door the Senate-house
Edinburgh, the 16th day February,
form follows: “Whereas public Notice has been given, that whosoever will discover the “Murderers the king, should have 2000l.
‘sterling; who have made enquiry those
“who committed the act itself, affirm, that the ‘authors of the said Murder are the earl of “Bothwell, sir James Balfour, the curate Elisk, “master David Chainbers, and black master ‘John Spens, who above was the principal ‘author this Murder; and the queen, who ‘consented the persuasion the said
Answer them mentioned the Trial, and others that
Bothwell quit and absolved
the Murder whatever depended
the whole, and the king, and
every part general CuSat10n.
testa
the said ac Afterwards, the said George earl Caith
president the said Trial the Jury) well his own
duced give any other opinion than they had
done before the rather because nobody had proved the truth the Accusation, nor
much any part and that accuser appeared but the above-mentioned, who were
presented order carry the Trial: and therefore the Judges having regard the
same, declared him free far they could
ness, chancellor Foreman
name that
Act, the end that well the advocates,
the said Robert Cuningham, having proxy
from the earl Lennox, and all others whom
soever, might debarred hereafter from pro
ducing any other Writing Proofs what
soever, order support the said Indict and more
the other judges, demanded
earl Bothwell, the witchcraft the lady Buccleugh. ”—Upon this, another Proclama
ment, and that the Judges might not in
her council should think fit.
To this the following Answer was given and set the same place the day following-- “Forasmuch as Proclamation has been issued “since set my former, requiring that “should come subscribe and own it; for An “swer likewise require, that the money “may consigned into the hands some mail
substance, and will appear next Sunday,
and four others with me, and then will sub scribe and maintain what have said. More
the fact, with Pro }. tion, that this might not afterwards im
have any knowledge
fault. Which Act and when the said earl Caithness
president and some the judges above-men “prehended; and will declare what each
ro
them
Joseph queen's goldsmith, may ap ‘and the
testation,
tioned, returned the court the Senate House, and before the pronouncing the aforesaid Sentence, was, the request the said earl Caithness, read publicly, and full court, and he demanded an Act and Instru ment protesting above.
Extracted from the Registers our sovereign lady's court
‘them and their accomplices did particular. ” To this no answer was returned.
Though the earl Bothwell was acquitted above-mentioned, yet knowing that the world
did still esteem him guilty, did, order clear himself further, set Paper the Market-place, bearing, that albeit had been
acquitted law, yet make his innocence the more manifest, was ready try the same
single combat, with any man honourable
me John Bellenden Auchnoule knight, and
the Acts justice,
tion was issued the same day, requiring the per
son who had set and subscribe
the sum promised
the Placart appear, own, person, that might have the former Proclamation, deserved the queen and
“over, require that the Sieur Francis Bastein,
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911] STATE TRIALs, 9 Eliz. 1567–Trial of Earl Bothwell, [912
birth and reputation, who would accuse him of Thursday, with the queen from Seton, appeared the king's Murder. with armed retainers, and band hired sol To which Answer was made by another diers, who paraded the streets with their en
Placart, set up immediately after in the same signs displayed. The fact now universally
place, “That forasmuch as the said earl of believed, that Morton conducted the whole
“Bothwell had caused a Placart to be set up, trial, and appeared the bar with Bothwell; “signed with his own hand, where by he chal but an examination of this circumstance
* lenged any man of quality, and of a fair repu only serves illustrate the progress histo “tation, who would and dared to say that he rical falsehood. In the instructions from the
“was guilty of the Death of the king;' ad lords and abbots Mary's party, her commis ding, that he who said went about sioners England are directed plead,
support that charge, should forced answer the marriage, “that most part the eat his words; gentleman honour and nobility, and principally the usurpers, Mor
good renown accepted his offer, and said, would prove the law arms that was
the principal author that horrid Murder, which the Judges had rashly acquitted him for
fear death, after much inquiry had been inade into And whereas the king France and the queen England required, their
ton, Semple, and Lindsay, gave their consent the earl Bothwell, and remove suspi cion, had declared him innocent public
assize, ratified parliament the three es tates. ” But the queen herself, her Instruc tions her Commissioners, and their reply
ambassadors, that the said Murder might
punished, also intreats their majesties
sist with the queen, his sovereign lady, that
her consent time and place may appointed ponents and others; and her answer the
Murray, during the Conferences York, maintains only, that Bothwell had received his
in Acquittal from assize peers, confirmed parliament the nobility present, her op
their countries coinbat the earl, according accusation Westminster, that she prevented the law arms, their presence, that the investigation and punishment the murder
their deputies; which time and place which she was accessary, refers her
the word gentle former reply York. Amidst the artful fic his duty, provided tions with which the simple fact the bond
promises and swears,
unan, present and
their majesties will,
Safe-conduct him and his company, pass Morton's activity, even presence the trial, and repass through their dominions without any or of the concern of his associates the ac molestation. He refers the judgment quittal Bothwell. Two years afterwards,
Proclamation, grant invested, intination was then given the readers and hearers what just cause has pamphlet published under fictitious maine,
desire this the king
France and the Lesly resorts the former instructions the this advertises the lords and abbots, and asserts explicitly what prepare themselves; was afraid even hint obscurely when con them the like Chal fronted the conference with Morton and
England, and
queen
reply. diligence laboured his purgation and acquit
Some time afterwards, Bothwell was con tal, which the three estates confirmed after
strained the kingdom, and went first wards act parliament. ” An additional
the Murderers will give each
rest
for
lenge, and publish their names writing, that Lindsay that Morton, Semple, Lindsay, and they may known every body. —To this their adiercuts, especially procured, and with
Bothweli made
the Orcades, and then the isles of Shet fact, unknown Lesly Scotland, was
land, where being reduced turned pirate but being
taken, went Denmark; able give good account
extreme want, brought forward France, 1572,
the anony Marie,' that
before the intimate,
most ignominious death, suitable wicked course of life.
Further Account the Trics
Eat racted from Laing's History Scotland,
that Bothwell's cause was sus stained conducted Morton; and the tic
tions anonymous French writer, and
danger where, not himself,
being being was
mous author “L’Innocence
Morton accompanied Bothwell judges. Blackwood scrupled not
1587, that Morton himself was one of Both well's judges; and “Maria Innocens,’ published close prisoner; and after loathsome impri abroad, 1588, under fictitious name, Turner,
sonment for ten years, that and other miseries Scottish priest and professor Ingolstadt, made him distracted; and thus he came affirms, without hesitation, that Morton actu
taken into custody; and afterwards being known some merchants, was clapt
his vile aud ally pleaded the cause Bothwell. This last assertion with some modifications, preferred
Earl Bothwell.
Camden,
Scottish refugee, are eagerly snatched by “The Trial took place Saturday, April modern apologists, historical facts. But the 12th, and Bothwell, who had returned real authors Bothwell's Acquittal are easily
Upon the subject queen Mary's concern Life Principal Robertson. The documents the murder her husband, many well know relating the question are most diligently col
volumes have been writtch. Some corres lected, most judiciously arranged, and most pondence between Itobertson and Hume about ably examined, Mr. Malcolm Laing, his
given the Appendix Dugald Stewart's cxcellent listory Scotland.
vol.
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913]
STATE TRIALS, 9 Eliz. 1567. —for Murder Lord Darnley. [914
ascertained. Argyle, justice general, and was guilty the murder; but the challenge oc Caithness, chancellor, foreman the jury, occasioned another placard, which the charge sat, with Bothwell, Lesley, and Lethington, was renewed. As his innocence, however, were the privy council that appointed the Trial. now incontestible, was appointed Mon That Pitcairn, commendator Dumfermline, day, the second day after his trial, carry the lord Lindsay, Macgill, and Balneaves, sat crown and sceptre, mark distinguished assessors the justice general, another con favour, the opening parliament. The venient assertion, for which there proof. commissioners for opening, and the lords of Three the jury, Herreis, Boyd, and Gordon articles were selected from the queen's friends;
Lochinvar, were sclected Mary's commis and Morton's name appears the articles, sioners England; Rothes, Cassilis, Ross and we the same time discover the abbots of others, subscribed the bonds for her release, Kiliwinning and Aberbrothick, Lesly and Her
defence her escape from Lochleven and reis, Bothwell and Argyle. There was in of the fifteen jurors, Semple alone adhered vestigation attempted, nor the least notice taken afterwards Murray. The Trial was directed the king's murder; but severe act was
conducted therefore Argyle, and Caith passed against the placards, that whosoever first ness, Lesly and his coadjutors the confe discovered and neglected suppress them, rences England; nor vague imputation should suffer the same capital arbitrary published Lesly two years afterwards, under punishment with the authors themselves. ”
fictitious name, sufficient transfer the ac “Buchanan, Melvil, and Spottiswood assure quitta! Bothwell, from himself and his co us, that Bothwell died mad, and the two last, adjutors, Morton and his friends. The writing after James had wintered Denmark, crown lawyers disclaimed, effect, share must have known the fact. Turner, order
the prosecution, except their concurrence. authenticate the confession, first asserted; No evidence whatsoever was produced. On 1588, that Bothwell's madness was fiction the contrary, Lennox was cited private Buchanan's, and the credulous Whitaker be accuser, support the charge, when Cunning lieves, Goodall's authority, that lived ham, young man household, appearing large, unconfined, Denmark. But Craw
unexpectedly, excused his absence till his friends could collected protect his per
ford's MS. informs us, that was committed close prison till his death; the Summarium
Morte Mariae, published 1587, that,
Dania captus, amens obiit” (Jebb, 166), and Thuanus assures us, seemingly from particular information, that soon discovered, was
imprisoned Dracholm, “in aratissimis vincu quitted Bothwell share the murder; lis, qui buscum accusatus esset amicis
son; required the trial adjourned cure support against the greatness
versary, and protested for assize error the murderers should be
The demand was over-ruled, and the jury ac
pro
his ad wilful
absolved.
protest cujusdam nobilis virginis Norvegicae, quain ante opposition Cunningham, that evidence plures annos, pacto matrimonio violatam, alia, was produced justify different verdict, they super inducta, deseruerat, post decennium ac were not liable for wilful error. From these cedente amentia dignum flagitiosa vita exitum circumstances appears, that the trial was habuit,” 551. The Norwegian lady whom
he had debauched when betrothed her some years before, and deserted foranother, explains passage Buchanan, marriage
but their foreman was instructed
}.
directed Bothwell himself, and that his ac juittal was managed and pronounced the
queen. Morton not,
But whether conducted
the
that before his
also evident, that from with the queen, duas uxores adhuc vivas ha
collusive trial, directed Bothwell, with
armed force suppress the evidence, and pre
vent the appearance the accuser, the queen
could never have conceived that he was inno to daughters, daugh
Danish lord's two and two
cent, when, the opinion the whole nation, ters lord Lubeck, &c. His body was
well impartial posterity, the circum greatly swelled summer, 1575, (Murden, stances his acquittal served only estab 285); and seems have died about the lish the reality his guilt. The plain, and the end that year. His age has been strangely
only sound conclusion that consequence of the remonstrances from France and Eng land, Mary sought the trial for such decent
retext her friends abroad, rather than subjects home, might justify her in
Buchanan had represented James, instead Patrick, earl Bothwell,
Lennox's rival for the queen regent's hand; and Tytler, who was slightly versed the contro versy, and the history the period, grasped
tended marriage with Bothwell: that was the mistake, and concluded that Bothwell, accused indeed public report, but acquitted who courted the mother 1544, must have by judicial sentence all concern the been old man, upwards sixty, when
murder of her late husband. - “The Acquittal was sooner pronounced,
married the daughter 1567, Tytler, edit, 231. The mistake had been previously cor
than Bothwell posted public challenge,
offering vindication his innocence,
fight hand hand, with any person good re Opera, 152); but when lord Hailes discovered
utation, who should dare maintain that that Patrick, Bothwell's father, died Sep VDL,
buit, tertiam ipse nuper suum fassus adulterium dimisisset; (lib. xviii. 357) and suggested the crimes his confession, that had debauched
rected Thomas Crawford (Notes Bucha: nan, 141) and Ruddiman (Buchananari
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£15]
STATE TRIALS, 9 Eliz. 1567. —Trial of Powrie, and others, [916
tember 1556, and that Mary herself described probably his return from exile, when he
Bothwell eight years afterwards, as “in his paid his addresses the queen regent. Good
verie youth at his first enteris into this realin, all, 319. Bothwell's mother was alive at
immediately after the deceise of his fadder. ” the murder Darnley (Paris's First Conses
(Remarks, 173. Anderson, i. 89), lord Elibank sion); and born when his father was banish
and Tytler devised another conclusion, that ed, Bothwell himself might nineteen his
Buchanan, by anticipation, described Bothwell father's death, and less than thirty his mar
by his future titles, when courting the queen riage with the queen. From her words quoted
regent in 1544, and that he was forty-four at above, appears have returned from abroad
least when he married the queen. Lord Eli immediately after his father's death; and bank's letter to lord Hailes, 30. Tytler, 155. conceive that he was then Denmark or Nor
To argue against such writers would ridicu way where married and deserted his first lous, sufficient state their misquotation wife for another, passed through England
of Buchanan. Accessit amulus Jacobus France, his banishment Hepburnus comes Bothwellia, &c. enim las, his Peerage, creates
1503. Doug intermediate 1519, we dis- domum reversus, cisdem artibus reginae viduoc cover lord Hailes, Buchanan called James
Jacobo quinto relegatus, acetatiuneo mortuo Patrick earl Bothwell; but
nuptias ambie bat,” &c. lib. xvi. 285. The Hepburn, who assassinated David Hume prior earl Bothwell, whom James had banished Coldingham, whose sister was married. 1537, was Patrick, the earl formerly imprisoned Buchanan, 200. Lesly, 371. Pitscottie, 131.
1531, and divorced from his wife, most Crawford's Notes Buchanan, 126. ”
54.
The Trial and Sentence WILLIAM Pow RIE, GEORGE DAI GLEIs Jo HN AY younger Talo, and JoHN HEPBURN Bowton, concerning the Murder Henry, earl Darnley, Hus
band Mary Queen Scots: with their Examinations, De
positions, and Confessions: also, the Declaration Ni cHo LAs HUBERT, Frenchman, commonly called PARIs,
lation that Murder, and other Matters: Eliz. 1567. [Bib. Cotton. Sub. tit. Calig. 243. Anderson, 165.
Laing's Hist. Scotland, 243. Buchanan's Detection. ]
THE DEPoSITIoxs of WILLIAM Powrie.
Apud Edinburgum, Junii, Ann. Dom. 1567, presentia Dominorum Secreti Concilii.
Hepburne Boltoun, wes awaitand vpon deponar and Pat Wilsoun, within the said zet; and yat yare the saidis thre persouns within the said zet, ressault the saids twa charges,
WILLIAM Powrie, borne Kinfawnis, ser quhilks the deponar knew pulder, be uitor the erle Bothwell, depouis, That cause the same wes sundry polks within the
sam day the king wes slane night, the erle said mail and tronk; and deponar and said Pat Boithwell, accumpanyt with James Ormistoune Wilsoun helpt yame with the same; and the
yat ilk, Hob Ormestoune his fader bruther, powder being taken from yame, the said Johne John Hepburne Bolton, and Johne Hay Hepburne Bolton sent this deponar for can
zounger, zeid togiddor counsele ne dell, and yet cost six halpenny candell fra ther hall said erle Bothwells ludgeing Georde Burnis wife the Cowgate, and deli abbay, about four houris estirnone, yairby, verit the said Johne and yat saids per and remanit yairin twa houris, yairby; quhat souns ressavaris the powder, had ame towel
yai did said, knaw not. with them, with ane littil licht candell; and the Item. Deponis, Yat John Hepburne Boi saids persouns within the said zet oppynit the ton, ten houres evin, commandit the 1)e- tronk and mail, and tuck out the polks with the powder and everie ane yame tuck yane
ponar and Pat Wilsoune tak anc carriage
upon back, under his arm, and carryit the same away the back-wall the zaird
yat next the trees, and yair the said laird Ormestoune, Johne Hepburne Boltoun, and zoung Tailo, ressayit the pulder fra yame, and wald suffer the deponar and his marrow pass
furdar. And quhen the deponar and his marrow came bak againeto the said frierzet, the twa horss that carryed the said maill and tronk war away, and zityay carryit the saids mail and tronk again the abbay, and yay came
the black frier wind, the quenes grace was
twa maills and ane trouk, and vihir
leddirin mail, quhilks were lyand the said ne
thir hall, quhilks the Depomar and the said Pat
put and chargit upon twa horses my lordis,
the ane being his sown horse, and carriit the same to the zet of the enteres of the black
friers, and yare laid the same down, quhair the erle Bothwell, accumpanit with Robert Ormes toun and Paris, called French Paris, and vtheris
quhilks had cloakes about yare face, met the said deponar and Pat Wilsoun. And yat 20t:ng Tailo, the lard Ormestoune, and John
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617] STATE TRIALS, 9 Eliz. 1567 . —for Tsurder Lord Darnly. [918 gangand before yame with licht torches: and quhat crak yat was, and yai answerit, yai knew
yat the deponar and his marrow being cum
the said erles ludging the abbay, thai tarryit
yare ane hour mair, and yan the said erle
came in, and immediately tuk his claythes mediately callit for ane drink, and tuk off his
yat wer on, viz. pair blak velvet hoise,
trussit with silver, and ane doublet satin
the same maner, and put ane vthir pair
black hoise, and ane doublet canwes, and tuk
his side rideing cloak about him, and inconti
nent past furth, and accumpanyt with French
Paris, the deponar, Georde Dalgleish and Pat
Wilsoun, and came down the turnpike, and
alang the back-wall the quenes garden, quhill
yai came the back the cunzie-house, and cryet, Fy, treasoun! And yan raise and pat the back the stabillis, while thay came
the Cannongate. And deponis, Yat yai came the gait the quenes south garden,
and mony came the quenes house.
my lord, and yai zeid into
the twa sentinellis yat stude the zct yat gang the utter cloiss, speirit yame, Quha
nel speisit, Quhat friends? and yai answerit, Hob Ormestou. ie, John Hepburn, and zoo. My lord Bothwells friends. Tallo, keip thair tongues clois, and yai
Item. Depomis, Yat yai come the Canon suld nevir want lang had, and yat gate, and the mether bow, and findand the suld send the deponar and Pat Wilson the bow steikand, Pat Wilson cryet John Gallo armitage, and yat yai suld honestly sustandit. way, and desirit him opin the port friends And being inquirit, gift his deponar,
not; and yat the sentinels bid them, yai were servandis my lord Bothweill, gang yair
way. — My lord come into his ludgeing, and in
cloathes incontinent, and zeid his bed, and tarriet bed about half hour, quhen Mr.
George Hacket come and desired
the zet, and knocks, and quhan came in, ane greit effray, and was
appeared
black any pik, and not ane word speik. My lord enquirit, Quhat the matter, man
and answerit, The kingis house blawn up, and trow the king slayn. And my lord
item. Depotis, yat upon the nixt nicht ester, my lord desyrity depona, Pat Wilson, yat? and yai answerit, Friends. The centi Georde Dalgleish, the laird Ormestorino, and
his claiths. And yaretter the erle Huntley
my lord Bothwell, quha came and oppynit Bothwells desyre, sociat ane fyne lunt
the port, and yai enterit, and zeid aboue the suddarts: and answerit, yat
Bassyntines house the south-side the way, saine, and gat piece time lunt half and knockit ane staire, and callit for the saddome, yareby, fra ane the suddartis, łaird Ormestone, and Robert Ormestone, and quhais name knawis not, and deliverit name a:\swerit yame, and yai yan slippit down Johne Hepburne Botoune, upon Saturday ane cloiss beneith the frier wynd, and come before the kingis slaughter.
the zet the black friers, and enterit yat Apud Edinburgum, Julii, 1567, pre zet, and zeid quhill yay come the back-wall
and dyke, qulaire the deponar and Pat Wilson
left the vtheris persouns before exprymit, with
the powder said and yaire the erle Both
weille past over the dyke, and bad the de
ponar, Pat Wilson, and Georde Dalgleish tarry
still yaire while come backwart them.
And furder deponis, Yat yai tariit yare half
houre, and hard never din any thing, quhill
last my lord, accompanyt with zoung Tallo, and Johnne Hepburne Boltoune, come the deponar, and viheris twa persons being with him, and cvin my lord and thir twa comes
the deponar and marow the dyke, not gude. And answerit, trow not
thai hard the crack, and thai past away togid
der out the ficr zet, and sinderit quhen yai
came the Cowgait, pairt the blackfrier
wynd, and pairt the cloiss which under voy, and laid the same down, Robert Ormo
the endmyllis well, and met not quhill yai came the end the bow, and zeid down ane cloiss on the north-side the gait, haifloppin the
wall Leith wynd, and yair my lord thoucht over heich, and came again aback the port, and caused cry upon John Galloway, and said yai war friends my lord Bothwilis. And John Galloway ruse and let them furth, and
syne yai past down Mary's wynd, and down
the back zairds the Canongait, and the said erles ludging; and yai past the quenes
uards before specifyit, sum sentinells speirit yame quha yai war, and yai answerit, yai war
stoute come furth, and said thir words: this not gude like, trow this purpois will not come this nycht, will and quhat yai are
doing. -
Item. Yarcftir quhen the powder and greaith was carryed inwart, the deponar to, and
the dyke, the laird Orinistoun yat ilk
came again, and said John Hepburne and
young Tallo, thir words (Paris Frenchman being with him) God fair field, cum quhat will, and bade the deponar and Pat
Wilson gang their way and the same tyine
yat deponar and Pat Wilson laid down the friends my lord Bothweill; and speirit last cariage the said frier gait, the Both
sentia Dominorum Secreti Concilii. William Powrie re-examined, depouis, Yat
the cariage the tronk and nail conteuit
his former depositioun, were carryed him and Pat Wilsone, upon are gray horss yat per tained Herman, page to. Iny lord, twa sundry tymes, and war carryed and conveyit
yaim into the place containet his former deposit, and yat the frier wynd fute yis de poilar said Pat Willson, the conveying
the last carriage, thir words, Jesu, Patt, quhattin ane gait yis we are gangand trow
gude; but weist, hald zour tongue.
Item. Depomis, Quhan the deponar and Pat Willson come to the frier zet with the last con
my lord any
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STATE TRIALS, 9 Eliz. 1907–Trial of Powrie, and others, [929
919)
weill came unto thame utwith the frier zet, quhill yow cum the bak the Cunzie House,
accumpanyit with thre more, quhilks had yare and the bak the stabilis, quhill zow come
cloaks, and mulls upon yair feet.
the Cannogate foreancnt the abbay zet. And depones, yay came the entry the
Item. Depomis, Yat the saidis Johnne Hep
burne of Boltone, upon Saturday at evin befoir
the kingis slaughter, brought the mail and
tronk quhairin the powlder was, to the E. of
Bothwiles ludgeing, and laid in the same in the
nether hall; and the depomar declaris, yat at Bothwell. the last horse cariage he bare up ane toolne
poulder barrel to the same place yai carriet the pulder, and yat he wist not how nor be quhome
the methir bow, quhilk was steikit, and yat
Patt Willson cryit John Galloway, and bid
the same came in the erle Bothweils ludging him come down and oppin the port and let
in the abby. yame and yat yai tarriet ane gude quhile
Item. Depomis, Yat upon the morn estir the Galloway came down yame and spel king is slauciter, viz. Mononday, Johne Hep yame, quhat did yow out yair beds yat
burne of isostoun gat ane gray horse, Mr. time night and estir yay enterit within the Young of Tallo ane broun horss fra Iny L. porte, yay zeid aboue Bassyntines house on Bothweill. the south side the gait, and knockit ane
Item. Inquirit gyf William Geddes deposi dur bencth the swordslippers, and callit for the tion, being red to the deponar, was trew ; de lard Ormestounes, and one within answerit,
clairit the same was trew, except the depo was not yare; and yai passit down cloiss
nar remembers not quhidder sulit this Geddes not be
nycht not.
bad and coun beneth fier wynd, and enterit the zet the grityat the black friers, quhil thay come the bak wall and dyke the town wall, quhair my
quenes south garden, ane the sentinels yat stude the zet yat gangs the utter cloiss, speirit thame, quhais that Yai answerit,
friends. Quhat friends Friends my lord
Item.
Deponis, yai came up the Canogait
This the trew copy the Depositions the lord and Paris past over the wall, and
said William Powrie, maid presence the lords secreit counsall, concordand and agrieand with the principal remainand
commandit deponar, William Powry and Patt Willsoun, remayne still quhill yai came till yame, and quhatevir yay hard saw, not stur depart quhill cam againe:
the office Justiciary, collationat
me Sir John Bellenden Auchnoule, clerk and yat yis deponar and the uther twa tarreit
our souerane lordis Justiciarie, witness yair half hour yareby, and the meyn ing my sign and subscription manual. time hard din any thing, qubill last my
Joannes Bellenden, The Deposition
Apud Edinburgum,
Clericus Justiciaria. lord, accumpany with John Hay zounger GroRGE DALGLE1sh. Tallo, Johne Hepburne Bolton, come the
presentibus comitibus Mortoun Athol, preposito Dundee, domino
pany, yay hard the crack, and past
de Grange.
Gronge Dalgleish Seruande
the erle Bothwell, the aige yareby, &c. deponis, yat
togiddir out the fricr zet, and sunderit the Cowgait. My lord, Johnne Hepburne, and
Tallo zounger, war togidder the nether hall lord
and
ruse and
oppynit
deponar, and viheristwa, and even Junii, 1567, and yay twa came the deponar and
my lord coin away
the Chalmer Pat Wilsoupe, William Powrie and the depo Zeiris, nar zeid ane wynd be-est the frier wynd,
Sunday the and crossit the hiegait the nether bow, Bothwell, haif lopin the wall Leith wynd, bot thai
king was slayne nycht the
accumpanyit with the laird Ormestoune thocht the wall over hich, and came againe
yat ilk, Iob Ormestoune, his fader bruther, the port; and my lord caussit cry upone Johne John Hepburne Boltone, Johnne Hay Galloway, and said, yay were servands my
yat
the said erls ludging the abby, about four the Wickit, quha wes yat ruse, ignorat: and
houres the estirnone, and remained yarein syne yay passit down St. Mary wynd, and ane hour and half, and quhat yai did knaws down the back the Canny gait, and the not, ressoun the depomar remainit for the said erles ludging, and caterit the same n:aist port my lords chalmer. turnpicke yat yai cam furth And yai
Item. Depotis, yat my lord maister passit the quenes gardens, ane the senti came his chainer about hours evin, neis speirit, Quha yay war? And yai answerit,
yareby, and tuke his clayths, and chingit Yai war friends my lord Bothweill. And
his hois and doubict, viz. ame pair hoiss soon my lord came his ludgeing cryit stocket with Llack welvet, pasementit with for ane drink, and incontinent yarestir tuke off silver, and ane doublett black satin the his clay thes and zeid his led, and iay the same maner, and put ane viher pair black space half ane hour yarchy; and yat Mr. hoiss, and ane canwes doublet white, and tuke George IIacket came the chalmer about half his side riding cloak about him, sad Inglish ane hour estir my lord lay down. Quhan claith, callit the new colour. And incontinent came apperit very estroyit, and my the erle, Trench I’aris, William Powry scruitor lord speirit, Quhat them atter, man And and porter the said erle, Patt Wilsoun, and answerit, Yat hcard the Kirk Field
the deponar,7eid down the turnepyke altogidder, like the schot ane cannoun, and, hear and endlong the bak the quenes garden, say, the kingis house blawin up, and trow
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921] STATE TRIALS, 9 Eliz. 1567. —for Murder Lord Darnley. [922
the king slayne. And incontinent my lord raise and pat his clayths, that say, the
saine hoiss and doublet yat had upon Sunday, quhilks wer pessements with siluer,
and Sasone my lordis clayths was on, de partit furth the chalmer, and the deponar remanit still the chalmer.
This the trew copy the Depositione the said George Dalgleish, maid presence
the lordis before expremit, concordand and agreeand with the principal remayning
the office justiciarie, collational
me John Bellenden, knight, clerk our soveraigne lordis justiciary, witnessing my signe and subscriptioun manual. Joannes IBellenden, Clericus Justiciariae.
The DEposition Joit HAY younger Talo.
Item. Deponit, Yat upon Sunday yarester, about thre four houres afternone, th’erle Bothwells nedder house the abbaye, the said erle, John Hepburn Bolton, and the depo nar, devysit yat my lord suld gang the said laird Ormiston's chalmer (like
did) sua sone was mirk, and yat yare past with my lord, quyet fute, John Hepburn Bolton, the deponar, and Ade Murray met yame, and sum utheris quham the deponar re members not, the said laird Ormistons stairefute his chaliner, above the bow, on the south-syde the gait, and yat my lord commandit the said Ade and utheris pass Mr. John Spensis, and remayne yare quhill came yame and yat Iny lord, John Hep burn Bolton, and the deponar, enterit
the said laird Ormistons chalmer, quhair yay fand the said lard, and Hob Ormiston his fader bruthir, and bruther the lards, quhais name the deponar knaws not, and was put the dur: and yair yai consullit quhat gait yai suld gang the kingis house, becaus yai had not tane purpoisyairupon before
Thr quhilk day, John Hay zounger Tallo And syne yai zeid down togydder the being examinit anent the kingis graces murther, black frier zeit, and said lard Ormiston grantit and confesst himself culpable yareof, and zeid throw the awld howsis and wallis, and
wald answer before God, deponit and past and opymitt the said freir zet my lord, declarit the erle Bothwele masters pairt the deponar, and the rest foresaid. And yet my the sane, far the deponar knew, man lord and the deponar zeid up and down the ner following, that say, That upon the Kowgate, quhile Wille Powry and Pate Willson day Fehruar last bypast, before the kingis brocht the powder, quhilk was brocht twa murther, th’erle Bothweil, within his chalmer sundry times, furth the abbay, from the erlis
ludging the abbay Halyrudhous, ludgeing, and yat the same was tronk and schew the deponar the purpose the kingis mail, and was brought upon Hermanis naig, murther, sayand thir words siclike, Johne, and yat the powder was ressavit the black
Apud Edinburgum An. Dom. 1567,
die mensis Septembris, presence my lord Morton and Athol, the
Regent, the erles
lairds Lochlevin and Petarow, Mr. James Magyll, and the justice clerk.
de freir zeit the said lard Ormiston, and put. John Hepburn Boltown, and yat the samyn
this the mater, the kingis destruction
vysit, and mon reveill unto ye, for
not him down, can not half lyfe
land, will my destruction, and reveill the saids lard Ormiston, Hob Ormiston and this the my friend, and gyf zow reveill the deponar the trunk and mail. And yar
again, will my destruction, and sall estir the powder yat was the trunk, was seik life first and yarwith gave the de taken furth the same, and put polks, and ponar also diverse admonitions, and also fair the powder yat was baith the tronk and promises keip the mater secret, and take mail was caryit the kingis house polks. part with him the kingis slaughter, had And verity, that Paris the French devisit; and yat yareafter evin, the pre man was the nedder house, under the kingis sence John Hepburn callit Bolton, the chalmer, and had key the backdowr, and said erle proponit the samyn matter the de then the said lard Ormiston past the ponar, quhilk John Hepburn was the coun said dur, and spake with the said Hob his fader sail yairof before. And th’erle Bothwell bruther, and with the said Paris, being both
said presence James Ormistoun
Scot was born Wille Powry, Pate Wilson, and
this therein, and fand the time convenient, and say, came furth again, and tauld the samyn the
yat said erle and his cumpany; and yat yai had ilk, and the said John Hepburn, thir words, with yame alswa tre and powder barrel,
The pulder mon laid the house under the for have done said but the barrel was kingis chalmer, quhaire the queene suld lye, meikle, could not gottin the dur:
ril, barril, gyf may gottin within the bar and yan yay tuk the polks and carried and the same barril sall haif an hoill the yame within the said laich house, and temit
nether end yareof and tre holit and howkit yame the flour heip, and the polks like troch put the hoill the barril, and weir taken furth again, and yat my lord was
lunt yareupon, quhilk sall syrit the far the house afoir, and had left the said Paris end, and the unsyrit end laid the hoill the yarein, and the said Hob standand the dur barril the pulder. And this porpos suld haif awaitand upon yair coming; and yat the said bene put execution upon the Saturday lard Ormistone said the said John Hep night, and the matter fayliit yat night, becaus burn, Zeken now quhat haif do, quhen
said the deponar, have devisit manner, and sall the same, that
thingis were not reddyncs yaiitor. quyet aboue zow, fyre the end the
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923] STATE TRIALS, 9 Eliz. 1507–Trial of Powrie, others, [924
lunt, and cum zour way. And yarestir the deponar, was ane day twa aftir the bringing
said lard Ormiston past his way with Hob with him, and Paris. John Hepburn and deponar taryit still within the said laich house
certain space, and Paris lockit the back dur, and the duryat passes the turnpike the kingis chalmer, quhair the king, the quene, and
the powder furth Dunbar, quhilk tyme
said the deponar this manner, Thair
ame purpois divisit amongs some the no blemen, and amongs the rest, yat the kioge
erle Bothwell, and others were, and passit
up yaune, levand behind him the said John
Hepburn and the depolar lockit the said
nedder house; and the deponar believes,
Paris shew the erle Bothwell that things
were readiness, and syne sone yarestir, the
quene and the lordis returnit the abbay, my
lord Bothwell being her cumpany; and yar
eftir the erle Bothwell, accumpanyit with Paris
and Georde Dalgleish, came the back zard,
and the said Hepburn quha had twa keyis
the back dur, lichtit the lunt, and came with
the deponar, and lockit the durris after yame, sic answer had done. Quhether may and fand the erle Bothwell the zaird, lord had schewed yame purpois befoir quha sperit yame, gyf they had done that not, deponar knawes not. Swa every day quhilk had bidden yame, and syrit the lunt; yare was tauking amongis yame the samyn and yai answerit yat was done. And efter purpois, quhill within twa dais before mur my lord and thai tarryit the zaird ane lang ther, yat the said erle changed purpois the tyme: and quhen my lord saw yat matter slaying the kinge one the felides, because came not hastily pass, was angre, and van wald knawn, and schew yamie wald have gen himself the house, and the quhat way mycht usit better pulder. said John Hepburn stoppit him, saying thir And the Sunday, the gloining before wordis, neid not. And my lord said thir nicht, daie Februar last past, the de wordis, will not gang away quhile see ponar send said Johne Hayes man for ane
done; and within ane schort space fyrit, my tome poulder barrel the man quhilk Johne lord, John Hepburn, the deponar, and Paris IIay had cost the same fra, yat dwelis above being gangang the fute the aley the said Sandie Bruces cloise head. At even my lord zarj, and quhen they saw the house riseand, suppit maister Johne Balfours hous, quhare and heard the crack, they ran their way, and the bischop Argyle maid the banket, and come down the wynd fra the said freir zett: estir supper my lord came the gait, and yai
sall slane, and that every ane sall tend twa servandis the doing yarot, owther the fields, otherwise may appreheudit
and yan desirit deponar ane the entreprysers for him; quhais answer was, yat
was ane evill purpois, and zit, because was servand and cousignance his lordshy
was vtheirs wald, and put hand
One the morne yarestir, callit James Ormis ton that ilk, the deponar and John IIay zounger Tallo, and break the purpois yame, and maid the the like declaratioune yame, yat vehir noblemen had enteres
yat matter; and yai maid him evin
all with him the said lard of Ormestonis
chalmer, quhair deponar and Johne Haye
thocht over hich, sturrit yairwith, and
came back again the neddir bow, and past
furth the port, after Johnne Hepburne had
cried upon John Gallaway porter, and causit
him oppin the port; and that the saids John
Hepburn and Georde Dalgleish passit afore ponar, the said lard Ormestoune, Hob Ormi with my lord, and some yarestir, the deponar stone, and Johne Haye, past the fute the and Paris followit, and the deponar passit black freir wind, haveing sent away Willie his bed John Hepburns the Canongait, Powry and Pate Wilsone for the poulder. And and my lord passit his awin ludgeing the before yar comming furth the said chaliner, abbay.
and yat my lord yareftir past the wall Leith wynd, have past over but because
past and fand the said lard and Hob Orine stoun his fader bruther; and deponar re
The DEPOSITION John
Apud Edinburgum 1567,
IRegent, the Erle
say, the Lard Clerk.
my lord departit with his servandis, quhair John IIEPBURN, called déponar knawes not. And the saids foure
THE quhilk day, John Hepburn, callit Johnne and speirit, gyf was redy, and bad yame
Bowtoun, being examinit upon the kingis haiste before the queene come furth the murther, grantit himself culpable and gilty kingis house, for gyf she come furth before yay yairos, and wald answere before God, ware reddy, yay wald not find commodity. depomit and declaryt the erle Bothweile his And yan pulder being put polks, the saids masteirs part the samyn, far the depo laird Ormistone, Hob Ormistone, this depo nar knew this matter, that say, the nar, Johne Haye, Willie Powry, and Pate first tyme yat evir the the erle Bothwile Wilsone turst the pouder the kings •pake yis matter the kyngis murther the house, and fand Paris the dur, quha openit
memberis, yat was the first time yat Hob knew yat matter, and yare yai spake togidder, and
my lord schewit yame maner and the de
being togidder, befoir wryttin, the fute the freir wind, the said Willie Powry and
Bowton.
die mensis presence
der furth the tronks polks, my lord corne
Decembris,
my Lord quhilk was brocht two times ane tronk
Pate Wilsone cum agene with the poulder,
Athol, the Lord Lind and ane mail, and yai carreit
Grange, and the Justice freres zet, and quhen yai war changing pul
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925] STATE TRIALS, 9 Eliz. 1567. - for the Murder of Lord Darnley. [923
the samyn, and yay assayit to have taken in
the said barrell, and it wald not gang in at the
dur, and yan yai liftit the samyn, and brocht
it back to the zaird, and had in the pouder,
and tuming it furth of the polks in ane bing
and heip upon the flur, evin directly under the The TRYAL and SENTENCE the saids WIL kingis bed; and yan ye said laird of Ormestone, LIAM PowR1E, GEORGE DALGLEISII, Joli Hob Ormeston, and Paris past away, and left HAY, and Jon EPBURN.
the deponar and John Hay within the said
house, quhilks tarryit yarein quhill estir twa Curia justiciaria, N. regis, tenta in
houres after mydnight, and yan tuk ane lunt, with ane litle tre, quharon it lay, and placit ye same, ye ane end in the pouder, and syrit ye v thir end, and cam yair way, and lockit ye thre duris behind yame; and at yair cuming furth to the zaird, yay fand my lord Bothwell, Geor die Dalgleish, Pat Wilson, and Willie Powry; and my lord speirit at them, gyf yay had done
things was ordourit: and yai said, zeal; and yai tarryit upon ane quarter ane hour yaireflir, and my lord thocht lang, and speirit gyf yair was ony part the house yat they Inycht the lunt gyff was burnand anouch, and yai said, are wes name but ane wundo quhilk wes within clois, and they war speeking upon the house begouth take fyre aud blew up, and yai ran away, and cum up black freir wind, and zeid down ane clois
haif gottin over the broken wall Leith
wind, but my lord thocht over heich loup, viz. John Lockart the Bar; The laird because his sair hand, and swa returnit Caprinton; James Caumpbell Chankstoun; meddir bow, and walkynit John Galloway por Heugh Wallace Carnell; The laird Moch tar, quham yai gart cum down and opin the rum; William St. Clare Gosfoird; Laird zet; and Willie Powry, Paris, and John Haye, Gastoun; Robert Gray Burges Edinburt. ; zeid evin down the Cannongait, and my lord, John Stoddart Burges Edinburt. ; Williame the deponar, Pat Wilson, and Georde Dagleish, Strang; James Freeman Burges Edinburt. ; zeid down saint Mary wind, and behind the Heugh Brown yair: Charles Geddes; John zairds unto my lordis ludgeing the Abby. Watson; James Aickman.
And yair byganging, twa the watchis And immediately aftir the chesing and swer spirit, quhat yai were, and deponar answer ing the saids personis assys, use the
We are servands the erle Bothweill, foresaid John Hepburne, John Haye, William gangand him with news out the town; Powrie, and George Dalgleish, being accusit and swa my lord passit his bed, and yis de dittay, oppinly read judgement, the ponar lay down ane bed hall. And crymes following; and estir the reding alswa sone yarestir Mr. George Hackett came in, jugement certane answeris and depositionis quba told, yat the house the Kirk Field maid thane before particular examina was blawin the air, and the king slane. tionis yame upon saidis cryines, quhilksyai
the originalis, quhilks are remainand
the justiciarie, collationate me sir John Dellenden Auchinoul, knight, clerk
our soverane lordis justiciary. Joannes Bellenden, Clericus Justiciarie.
choata praetorio Edinburgh tertio die mensis Januarii, anno Domino mille simo quingentesimo sexagesino septino,
per honorablem virum magistrum Tho mam Craig,justitiarium deputatum nomine
nobils potentis domini Archebaldi co
mitis Argadia, domini Campbell justiciarii generalis dicti
regui sui generaliter constituti.
Lorne, totius Sectis vo
catis curia affirmata.
THE quhilk day, Johne Hepburne callit
Bolton, Johne Haye apperand Tallo, William
Powrie and George Dalgicish, being present
Judgement the said court, accusit the dittay aftir-specifeit, were putt the knaw ledge the persons underwritten, quhilk were lawesully summoned pass upon yair asize, choisin and admittit thaneselues, and sworn
And within short space yairafter my lord recognoscit, confessit
Huntley came in, and my lord Bothweill raiss sence the saidisperson
and put his claithis, and passit into the personis assys removit furth
verity pre assys, the said the said court,
queenis house. And the deponar tarryit sum and togiddir convenit and ressonit upoun tyme yarestir, and cumand furth, sand the ab the pointis the said dittay, togiddir with
bay zeit closit, and yan
deponar sand the saidis depositionis, and syne being yairwith
John Hepburns, rypely avysit, reinterit the said court jus ticiarie, and yair, presens the said justice Item, Deponis, yat yare wes fourteen false depute, yair deliverance pronouncit and de
said John Hay his bed and lay down with him.
deliver upon the points the said dittay,
the clarit mouth the speiker John Lochart Field, the Bar, chancilar the said assys, fand and the deliverit the saids Johne Hepburne, John Haye,
keys maid for oppyning the lockes
dures the kingisludgings the Kirk
quhilk the deponar, estir the comitting
said murther, keist the quarie hole betwixt Williame Powry, and George Dalgleish,
abbay and Leith. culpable, fylit, and convict art and part Thir are true Copies the Depositionis the cruel, shamefull, tresonabill, and abhomin
the said John Haye zounger Tallo, and abill slauchter and murther unquhill the Johne Hepburne callit Boutoune, maid kingis grace, fadir our soverane lord, his presence my lord Regent, and the awin ludging for the tyme, within the Burgh
lords before mentionit, manner befoir Edinburt, besyde the Kirk Field, quhair expremitt, concordant and agreand with was lyand bed, taking the nychts rest,
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927]
STATE TRIALS, 9 Eliz. 1567. -Trial of Powrie, and others, [928
treasonably risand fyre within the same, with not his subscriptioun, but warrand you he grite quantitie of pouder, through force of was the principall counsallar and deviser. —
ane quhilk said haill lugen wes raisit and Item. He sayd, confesse the veray pro
"the theair, his grace was murderit vidence God that hes brought me his
stroyit by yame yarein : And als, for art and stall, for had schippis providit flie but part of the crewall slauchter and murther of coulde not escape. —Item. He sayd, let no
umquhil William Tailzor his graces servitour, man evill for counsall great men, thayr and umquhil Andro Macaig, tresonably throw may sters, thinking thay shall save tham, for
raising of the said fyre, as said committit surely thought that night that the deid was the cumpany with James sumetime erle Both done, that although knowledge should bene well, now rebel, and declarit traitor parli gotten, man durst have sayd was evill ment, and the horn, the moneth Febru done, seing the hand writtis and acknowledg arie last bypast, under scilence nycht, upon ing the quenis mind thairto. —Item. Speaking
sett purposes, provisioun, and forthought lonye.
And thairfoir the said justice-depute,
dome pronuncit the mouth Andro Lin
desay dempstare the said court justi essit, was ane
ciarie, decernit, ordanit, and adjudgit the saidis daith, and thairfoir Johne Hepburne, Johne Haye, Williame but was assurit Powrye, and George Dalgleish, haif com callit him repentance.
mittit the crymes tresoun and lese ma Item. Talla confessit supra, agreing
i. Regis, per Johannen Bellenden and als my lord regent, nnd
Auchinoule, militen, clericum justiciarie ejus cially than that betrayit me
dem generalem, sub meis signo subscription. c manualibus. Joannes Bellenden, Clericus Jus you,
ticiaria.
The Cox rossroes John Halroun, young Talla, Dagleish and Powrie, upon quhom was
inbrocht, and remaine with our soverayne lord, his escheat.
the congregation, passe
the
my lord Liudsay, forgeve your
Extractum libro actorum adjournalis and say, my lord,
spe
God shall ormistgun, Hob Ormistoun, himself, Talla, foir was done, for my lord Bothwell gangand
John Bowton confessit that nyne was the deid doing, Iny lord Bothwell, the lord
judge, knew nothing
Dagleish, Willo, Pourie, and Frentch Paris,
and that saw moe, nor knew other
companies. —[tem. He knowis nat other but
that was blowin the ayre, for was han me other hose and claithis, and his riding dilit with mens' handes saw, and cloke and sworde, quhilke gave him, and was, was with others and not with tham. — herester cum the gait the lord Ormis.
the quene the Tolbuith sayd, God make weill, but the langer deirt hydden,
jestie; and manifest traytours dema nit followis, that say, the said Johne Hepburne, Johne Haye, William Powrye,
hangit the deid ane gibbet the mer cat croce Edinburt, and yair heddis, leggis, and armis cuttit from yair bodies, and
pointes concerning the parsons, number, and blowing the ayre. —Item. He affirmit,
that Setoun my lord Bothwell callit him and sayd, quhat thought you quhen thou saw hiin blowen the ayre. Quho aunswerit, alas! my lord, quhy speake that, for quhen ever heare sic thing, the wordes wound me
put and hangin (as for example) the
portis Edinburgh, and vther portis the death, they ought you. -Item. That
principall horrowis realme, and yair bo dies brynt and consumit fyre besyde the said gibbet. And the said George Dal gleish hangeit the deid, and heid
cuttit bodye, and put upon the Port Edinburgh. And siclyke, decernit and
same tyme saw James Balfour put his owne name and his brother's unto my lord Bothwelles remissioun. —Item. He knew of
the deid doing three four days was done, thereby. —Item. He sayd, after that came the court, left the reading God's worde and imbrasit vanitie, and thairfoir hes
ordanit the saidis personis, and ane
yame, haif soirsaulted and tynt and sun God justly brought this me.