in sick sort, that he was, to the appearance of man, ane of the maist penetent sinners that hes bein sein this lang tyme, and mey be comptit ane example of God's mercies to all penitent sinneris, Thir words, with mony mae, cryand continually unto his God, even to the very end, cryand, my Lord Jesus, sweit Jesus, have mercy upon me, as you have had upon uther sinners, 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.] MOURTOUN his forfaltrie; Curia justiciarie S. D. N. regis tenta et inchoata in pretorio burgi de Edinburgh, primo die mensis Junii, anno Dni. millesimo quingentesimo octuagesimo primo, per honorabiles et discretos viros Jacobum Striviling de Keir militem, et magistrum Joannem Grahame justiciarios in hac parte per commissionem S. D. N. regis, ac Dnorum ejus secreti concilii specialiter constitut. ad effectum subscriptum sectis vocatis, et curia legittime affirmata, &c. | cawseing command, hounding, sending, partaking assistance and ratihabitione, upon the tenth day of the sd moneth of Feberwar 1566 years, at twa hours after midnight, or therby, come to the lodgeing besyde the Kirk of Feild, within the said burgh of Ed, wher our sd soverane lords umqll dearest father was lodgit for the tyme, and ther be way of hamesukin, brigancie, and foirthowght fellonie, maist vylelie, unmercifullie, and treasonablie, slew and murtheirt him, with Wm Tayliour and Andro MaJacobus Comes de Mortoun, Dus. de Dal-kage, his cubicularis, when as they, buriet in keith, &c. accusatus callumniatus de arte, slep, were takeand the nyghts rest, brunt his parte, prescientia conselatione, et non releua- hoill lodgeing forsaid, and raised the samen in tione proditorie murthure quondam nobilissimi the air be force of gun poulder, qlke a lytle et charissimi Henrici regis Scotorum, patris afore was placit and imput be him and his forS. D. N. Regis Jacobi sexti. 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 ser vants, complices and uthers, in yr names, of their causing, command, hunding, sending, and airt, and pertaking, assistance, and ratihabition, at the tymes forsaids, respective, gave their favor, counsall, and help to the perpetration of the said horrible crymes, and ay sinsyne hes simulate, bid, 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 memorie, 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 Andreas Comes de Rothes, Jacobus Comes de Glencairne, Hugo Comes de Eglintoun, Alexander Comes de Sutherland, Joannes Dus. de Maxwell, Georgius Dns. de Seytoun, Jacobus Dns. Ogilvie, Jacobus Dns. Innermaithe, Hugo Dns. Somervell, Alexander Magister de Levingstoun, Alexander Mr. de Elphinstoun, Joannes Gordono 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 veiris, 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 nistoun his father brother, John Hay some tyine 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 shameful, detestable, and unnatural murther and patricide of our sovera e 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 inqueist 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 verefieing 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 court, 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 whil kis 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 publicam et clericum dicte curie per commissionem S. D. N. regis antedict. specialiter electum et juratum, &c. sub meis signo et subscriptione manualibus. The Earl of MORTOUN'S CONFESSION. The sume off all that CONFERENCE that was betwixt the Eirle of Morton, John Durie, and Mr. Walter Balcanquell, and the cheif things that they hard of him qubairof they can remember, that day that the said eirle suffered, quhilk was the 2d of Junii, 1581. FIRST, the said eirle being exhorted that he sould not be discouraged in consideration of that estate quhairinto ance he was in this world in honour and glorie, and of the downcast quhairunto now he was brought, but rather in consideration of the glorie to come, he sould rejoice and be of gude comfort, his answer was, as concerning all the glorie that I have had in this world, I cair not for it, because I am persuaded now that all the honours, riches, friends, pleasures, and quhatsomever I had in the world, is but vanitie, and as concerning the estate quhairunto now I am brought, I thank God for it, and am at this poynt, that I am content rather to render my lyfe then to live, because I know that as God has appoynted the tyme of my death, so has he appoynted the manner thereof; and therefore, seeing that now is the time, and this is the manner that best pleiseth iny 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 ledge in that matter, the soume quhairof is this: Efter my returning out of Ingland, qubair 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 murther, 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 cuni 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 enle Bothwell, being in Whittinghame, thairafter 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 (reported, Calderwood's MS.) unto me. Then in caise he had gotten the queines warrand in being inquyred quhat wald have beine his part that matter, wald he in respect thairof, melled with such a filthie murther as that? He ahswered, gif I had gotten the queines wryt, and so had knowen her mynd, I was purposed to have banished myselfe againe, and turned my back on Scotland quhile I had sein a better occasion. Then following forth his discourse of this matter, he said, I being at St. Andro's to vissit the eirle of Angus a little before the murther, Mr. Archbald Douglas came to me there, both with wryt and credit of the eirle Bothwell to shew unto me that the purpose of the kings murther was to be done, and neir a poynt, and to request my concurrence and asystance thereunto. My answer was to him, that I wald give no answer to that purpose, seeing I had not gotten the queines warrand in wryt, quhilk was promised, and thairfore see ing the eirle Bothwell never reported any warraud of the queine to me, I never melled farther with it. Then being inquyred whether he gave Mr. Archbald Douglas any command to be there in his name, he answered, I never commanded him. Being inquyred gif he gave 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 dange-, rous 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 I was 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 and the ministers that were present. He auwere put in wryt, and subscryed with his hand more with these things, for I have now other thing to advyse on, that is, to prepair me for my God, sieing that I ain now at a poynt to go to death, I cannot wryt in the estate wherein now I am. bald at that tyme was a depender upon the | Thereafter he was called to dinner at two after eirle Bothwell, making court for himself, rather noune, and being at dinner, sieing the brethrein then a depender of myne. Efter this follow- of the ministrie were informed that there was ing forth the same discourse, he said Mr. Arch- wrong report made of his confessioune to the bald, efter the deid was done, shew to me that king, and that he sould have confessed meikle he was at the deid doeing, and came to the uther wayes then he did, whereby the king Kirk of Field yard with the eirle Bothwell and might have had ane war opinion of him, they Huntlie. Then being requyred if he received thought gude to send down some before his suiMr. Archbald efter the murther, he answered Ifering, to imform the king's majestie of the facts did indeed. Then it was said to him, appeir- of his confessioune, as namely, David Fergusuntlie my lord, ye cannot complain justlie of sone, John Durrie, and John Brand, who, bethe sentence that is given against you, sieing fore his death, at length told the simple truth with your oun mouth ye confess the foreknow- of his confessioune to the king's majestie. At ledge and concealling of the king's murther, for their returning againe from the Abbey, his quhilk two poynts onlie ye could not be able keiper requyred him that he sould cum forth to to abyd the law. He answered that I know to be trew indeid, but yet they sould have consi- troubled me this day over meikle with warldly the scaffald, he answered, sieing they have sidered the danger that the reveilling of it wald things, I supposed they sould have given me have brought me to at that tyme; for I durst not this one nyght leasor to have advysed rypely reveill it for feir of my lyfe. For at that tyme with my God. His keiper said all things are to whom sould I have reveiled it? To the readye now, my lord, and I think they will not queine? she was the doer thereof. mynded to have told it to the king's selfe (fa-prayse my God; and so, one comfortable stay he answered, and I am readie also, I ther, Calderwood) but I durst not for my lyfe, prayer being made, he passed down to the gate, for I knew him to be a bairne of such na-mynding to goe directly to the scaffold; but ture, that there was nothing told him but he wald reveill it to hir againe. Being enquyred why he wald not sinsyne reviell to the king's majesty, he 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 eirle 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 queines marriage with the eirle Bothwell, as sundrie uthers of the nobilitie did, being charged thereto by the queines wryt and command. Then being inquyred in name of the living God, that sieing this murther of the king's was ane of the most filthy acts that ever was done in Scotland, and the secreits thereof hes not yet been declared, who was the chief deid doers, or whether he was wirried or blown in the air, and therefore to declaire if he knew any farther secret thereunto; he answered, as I sall anwer to God, I know no more secret in that matter then I have already told and heard be the deposition of such as hes already suffered for it, quhilk depositions are yet extant. ing inquyred if he knew any presentlie to be Beabout the king, who was doers of that work, by whose companie the king or common weill might be hurt, he answered, I know none, and will acuse none. Last of all, it was said to him concerning this purpose, that in respect of his own deposition, his part wald be suspected to be more foull nor he declared, he speired for what reason. It was answered, ye being in authoritie, howbeit ye punisht uthers for the murther, yet ye punisht not Mr. Archbald, whom he knew to be guilty thereof; he answered, I punisht him not indeid, neither durst I, for the causes before showne. [As the remaining articles of this long confession relate to transactions during his regency and afterwards, we proceed to the conclusion.] have spoken in the matter; with quhilk anAll the bonest men can testifie what I unto him, now my lord, ye will be reconciled swer the eirle of Arran being satisfied, he said lar against you. He answered, it is not tyme with me, for I have nothing upon any particuto you nor any man; I forgive you and all now to remember on querels, I have no querel uthers, as I will all to forgive me; and so therefter with a gude curage he past to the scaffald, and being upon the scaffald, he repeits in few words the substance of these things, the quhilk before he had confessed, except that he concealed Mr. Archbald Douglas his name, and ple, qubilk he spake not before, as namely, he eiked some word and exhortatioun to the peosaid, Sure I am the king sall lose a gude servant this day, and so he exhorted the people, saying, I testify before God, I have professed the evangell, quhilk this day is teached and professed in Scotland, and so also now I will willinglie Jay down my lyfe in the professioun thereof; and howbeit, I have not walked therein as I aught, yet I am assured God will be merciful to me; and I pray you all, gude christians, to pray for me'; and I charge you all, in the name of God, that are professors of the evangell, that ye continue in the true professioun thereof, and maintain it to your power, as I sould have, God willing, with my lyte, lands, and all, gif i had had dayes, quhilk if ye doe, I assure you God sall be merciful to you; but if ye do not, be sure the vengeance of God sall light upon you both in bodie and soul. As concerning all the rest of the things quhilk he spake comfortably upon the scaffald, he spake them more amply before, and therefore we think it not neidful to repeit. When all his speeches were ended upon the scaffold, a comfortable prayer was made by Mr. James Lawson, during the time of quhilk prayer, the eirle lay grovelling upon his face, before the place of execution, his bodie making great rebounding with sighs and sobes, quhilk was evident signs of the inward and mighty working of the spreit of God, as they who were present and knew what it was to be earnestly moved in prayer, might eysily persave. The prayer being ended, and efter that sundrie came unto him to be reconciled with him before his death, quhilk he most lovingly did receive, and efter that he had taken us all by the hand, that were about him, and bidden us farewell in the Lord, he passed both constantlie, patientlie, and humblie, without feir of deith to the place of execution, and laid craig under the axe, his hand being unbound, and thairefter Mr. Walter putting him always in mind of Christ; and crying in his eirs thir words following, untill his head was strucken off, Lord Jesus receive my soul; in thy bands, Lord, in thy hands I commit my spreit, quhilk words he was speaking till the axe fell on his neck, and so quhatsoever he had been before, he constantlie died the trew servant of God; and howbeit by his unfriends alledged, that as he lived proudlie, so he died proudlie, the charitable servants of God could perceive nothing in him but all kind of humility in his death, in so meikle that we are assured that his soul is received in the glorie of heaven, to the quhilk the Lord bring us all. Amen. equitable; and therefore that I should with all my simplicity, sincerity and truth answer thereunto is most reasonable, to the end that your princely dignity may be my help, if my innocence shall sufficiently appear, and procure my condemnation, if I be culpable in any matter, except in the knowledge of the evil disposed minds of the most part of your nobility against your said husband, and not revealing of it, which I am assured was sufficiently known to himself and to all that had judgment never so little in that realm; which also I was constrained to understand, as he, that was specially employed betwixt the earl Morton, and a good number of your nobility, that they might with all humility intercede at your majesty's hand for his relief, in such matters as are more specially contained in the declaration following, which I am constrained for my own justification, by this letter to call to your majesty's remembrance. Notwithstanding that I am assured to my grief, the reading thereof will not smally offend your princely mind. It may please your majesty to remember, that in the year of God 1566, the said earl of Morton, with divers other nobility and gent. were declared rebels to your majesty, and banished your realm for insolent murder committed in your majesty's own chamber, which they alledged was done by command of your husband, who notwithstanding affirmed that he was compelled by them to subscribe the warraut given for that effect; howsoever the truth of that matter remains amongst them, it appertains not to me at this time to be curious; true it is that I was one of that number, that heavily offended against your majesty, and passed in France the time of our banishment, at the desire of the rest, to humbly pray your brother the most Christian king, to interceed that our offences 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-night 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 Morton's Confession is confirmed by Archibald Douglas's Letter to Mary, which we reprint from Robertson's History to complete the Evidence. A LETTER from Mr. Archibald Douglas to the affirms that he could give no answer unto such time he might know your majesty's mind therein, which he never received. As to the abominable murder, it is known too by the depositions of many persons that were executed to the death for the committing thereof, that the same was executed by them, and at the command of such of the nobility, as had subscrivit band for that effect: by this unpleasant declaration, the most part thereof known to yourself, and the remainder may be understood by the aforesaid witnesses that was examined in torture, and that are extant in the custody of the ordinary judges in Scotland, my innocency so far as may concern any fact does appear suffici ently to your majesty. And as for my dealing aforesaid, I can be no otherwise charged therein, but as what would accuse the vessel that preserves the vine from harm, for the intem As for the special cause of my banishment, I think the same has proceeded upon ane opinion conceived, that I was able to accuse the earl of Morton of so much matter as they alledge himself to have confessed before he died, and would not be induced, for loss of reputation, to perform any part thereof. If this be the occasion of my trouble, as I suppose it is, what punishment I should deserve, I rèmit me to your majesty's better judgment, who well knows how careful ever ilk gentleman should be of his fame, reputation and honour, and how far ever ilk man should abhor the name been the occasion already of great evil in that realm, and if your husband should be suffered to follow the appetite and mind of such as was about him, that kind of dealing might produce with time worse effects; for helping of such inconvenience that might fall out by that kind of dealing; they had thought it convenient to join themselves in league and band with some other noblemen, resolved to obey your majesty as their natural sovereign, and have nothing to do with your husband's command whatsoever, if the said earl would for himself enter into that band and confederacy with them, they could be content to humbly request and travel by all means with your majesty for his pardon, but before they could any farther proceed, they desired to know the said earl's mind herein; when I had answered, that he nor his friends, at my departure, could not know that any such like matter would 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 inmediately 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 Bodvell 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 earl of Morton of a pultroun, and how indecent it would have been to me to accuse the earl of Morton, being so near of his kin, notwithstanding all the injuries I was constrained to receive at his hand all the time of his government, and for no other cause, but for shewing of particular friendship to particular friends in the time of the last cruel troubles in Scotland. Sorry I be now to accuse him in any matter being dead, and more sorry that being on lyff, be such kind of dealing obtained that name of Ingrate. Always for my own part I have been banished my native country those three years and four months, living in anxiety of mind, my holl guds in Scotland,which were not small, intermittit and disponit upon, and has continually since the time I was relieved out of my last troubles at the desire of Monsieur de Movisir, attended to know your majesty's pleasure, and to await upon what service it should please your majesty for to command. Upon the 8th of April inst. your good friend secretary Walsinghame has declared unto me, that her highness thought it expedient that I should retire myself where I pleased, I declared unto him I had no means whereby I might perform that desire, until such time as I should receive it from your majesty. Neither knew I where it would please your highness to direct me until such time as I should have received further infor mation from you: Upon this occasion, and partly by permission, I have taken the hardress to write this present letter, whereby your ma jesty may understand any part of my troubles |