This is the trew copy of the Depositione of the The DEPOSITION OF JOHN HAY younger of the king be slayne. And incontinent my lord Item. Deponit, Yat upon Sunday yarefter, raise and pat on his clayths, that is to say, the about thre or four houres afternone, in th'erle same hoiss and doublet yat he had on upon Bothwells nedder house in the abbaye, the said Sunday, quhilks wer pessements with siluer, erle, John Hepburn of Bolton, and the depoand sa sone as my lordis clayths was on, he de-nar, devysit yat my lord suld gang up to the partit furth of the chalmer, and the deponar said laird of Ormiston's chalmer (like as he remanit still in the chalmer. did) sua sone as it was mirk, and yat yare past with my lord, quyet on fute, John Hepburn of Bolton, the deponar, and Ade Murray met yame, and sum utheris quham the deponar restairefute of his chalmer, above the bow, on members not, at the said laird of Ormistons the south-syde of the gait, and yat my lord commandit the said Ade and utheris to pass to Mr. John Spensis, and remayne yare quhill he came to yame; and yat my lord, John Hepthe said laird of Ormistons chalmer, quhair burn of Bolton, and the deponar, enterit in yay fand the said lard, and Hob Ormiston his fader bruthir, and an bruther of the lards, quhais name the deponar knaws not, and was Put to the dur: and yair yai consullit quhat gait yai suld gang to the kingis house, becaus yai had not tane purpois yairupon of before : And syne yai zeid all down togydder to the black frier zeit, and ye said lard of Ormiston zeid in throw the awld howsis and wallis, and past and opynitt the said freir zet to my lord, the deponar, and the rest foresaid. And yet my lord and the deponar zeid up and down the Kowgate, quhile Wille Powry and Pate Willson brocht the powder, quhilk was brocht at twa sundry times, furth of the abbay, from the erlis ludgeing, and yat the same was in a tronk and an mail, and was brought upon Hermanis naig, and yat the powder was ressavit in at the black freir zeit be the said lard of Ormiston, and John Hepburn of Boltown, and yat the samyn Apud Edinburgum 13 die mensis Septembris, An. Dom. 1567, in presence of my lord Regent, the erles of Morton and Athol, the lairds of Lochlevin and Petarow, Mr. James Magyll, and the justice clerk. THE quhilk day, John Hay zounger of Tallo being examinit anent the kingis graces murther, grantit and confesst himself culpable yareof, and as he wald answer before God, deponit and declarit the erle Bothwele his masters pairt of the same, sa far as the deponar knew, in manner following, that is to say, That upon the 7 day of Februar last bypast, before the kingis murther, therle Bothwell, within his chalmer in his ludging in the abbay of Halyrudhous, schew to the deponar the purpose of the kingis murther, sayand thir words or siclike, Johne, this is the mater, the kingis destruction is devysit, and I mon reveill it unto ye, for an I put. not him down, I can not haif an lyfe in Scot-was born in be Wille Powry, Pate Wilson, and land, he will be my destruction, and I reveill this to the as to my friend, and gyf zow reveil it again, it will be my destruction, and I sall seik yi life first: and yarwith he gave the deponar also diverse admonitions, and also fair promises to keip the mater secret, and to take part with him in the kingis slaughter, as he had devisit; and yat yareafter at evin, in the presence of John Hepburn callit of Bolton, the said erle proponit the samyn matter to the deponar, quhilk John Hepburn was on the counsail yairof of before. And th'erle Bothwell said to the deponar, I have devisit it in this manner, and ye sall do the same, that is to say, he said in presence of James Ormistoun of yat ilk, and the said John Hepburn, thir words, The pulder mon be laid in the house under the kingis chalmer, qubaire the queene suld lye, in an barril, gyf it may be gottin within the barril, and the same barril sall haif an hoill at the nether end yareof and an tre holit and howkit like an troch put to the hoill of the barril, and an lunt yareupon, quhilk sall be fyrit at the far end, and the unfyrit end laid in the hoill of the barril in the pulder. And this porpos suld haif bene put in execution upon the Saturday at night, and the matter fayllit yat night, becaus all thingis were not in reddynes yairfor. the saids lard of Ormiston, Hob Ormiston and the deponar in the trunk and mail. And yareftir the powder yat was in the trunk, was taken furth of the same, and put in polks, and the powder yat was in baith the tronk and | mail was caryit to the kingis house in polks. And it is of verity, that Paris the French man was in the nedder house, under the kingis chalmer, and had an key of the backdowr, and then the said lard of Ormiston past in at the said dur, and spake with the said Hob his fader bruther, and with the said Paris, being both therein, and fand the time convenient, and came furth again, and tauld the samyn to the said erle and his cumpany; and yat yai had with yame alswa a tre and a powder barrel, for to have done as said is, but the barrel was so meikle, it could not be gottin in at the dur; and yan yay tuk all the polks and carried yame within the said laich house, and temit yame on the flour in an heip, and the polks weir taken furth again, and yat my lord was in the house afoir, and had left the said Paris yarein, and the said Hob standand at the dur awaitand upon yair coming; and yat the said lard of Ormistone said to the said John Hepburn, Ze ken now quhat ye haif to do, quhen all is quyet aboue zow, fyre the end of the lunt, and cum zour way. And yareftir the | deponar, was ane day or twa aftir the bringing said lard of Ormiston past his way with Hob of the powder furth of Dunbar, at quhilk tyme with him, and Paris. John Hepburn and ye he said to the deponar in this manner, Thair deponar taryit still within the said laich house is ane purpois divisit amongs some of the noa certain space, and Paris lockit the back dur, blemen, and amongs the rest, yat the kinge and the dur yat passes up the turnpike to the sall be slane, and that every ane of us sall end kingis chalmer, quhair the king, the quene, and twa servandis to the doing yarof, owther on the ye erle Bothwell, and vthers were, and passit fields, or otherwise as he may be apprehendit ; up to yame, levand behind him the said John and yan desirit ye deponar to be ane of the Hepburn and the deponar lockit in the said entreprysers for him; quhais answer was, yat nedder house; and as the deponar believes, it was ane evill purpois, and zit, because he Paris shew the crle Bothwell that all things was servand and cousignance to his lordshyp, were in readiness, and syne sone yareftir, the he wald do as vtheirs wald, and put hand to it. quene and the lordis returnit to the abbay, my One the morne yareftir, he callit James Ormislord Bothwell being in her cumpany; and yar- ton of that ilk, the deponar and John Hay eftir the erle Bothwell, accumpanyit with Paris zounger of Tallo, and break the purpois to and Georde Dalgleish, came to the back zard, yame, and maid the the like declaratioune to and the said Hepburn quba had twa keyis of yame, yat vthir noblemen had as far enteres as the back dur, lichtit the lunt, and came with he in yat matter; and yai maid to him evin the deponar, and lockit the durris after yame, sic answer as he had done. Quhether my and fand the erle of Bothwell in the zaird, lord had schewed yame ye purpois of befoir or quha speirit at yame, gyf they had done that not, ye deponar knawes not. Swa every day quhilk he had bidden yame, and fyrit the lunt; yare was tauking amongis yame of the samyn and yai answerit yat it was done. And efter purpois, qubill within twa dais before ye murmy lord and thai tarryit in the zaird ane langther, yat the said erle changed purpois of the tyme: and quhen my lord saw yat ye matter came not hastily to pass, he was angre, and wald have gen in himself in the house, and the said John Hepburn stoppit him, saying thir wordis, Ze neid not. And my lord said thir wordis, I will not gang away quhile I see it done; and within ane schort space it fyrit, my lord, John Hepburn, the deponar, and Paris being gangang at the fute of the aley in the said zard, and quhen they saw the house riseand, and heard the crack, they ran their way, and come down the wynd fra the said freir zett: and yat my lord yareftir past to the wall at Leith wynd, to have past over it, but because he thocht it over hich, he sturrit yairwith, and came back again to the neddir bow, and past furth at 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 with my lord, and sone yareftir, the deponar and Paris followit, and the deponar passit to his bed in John Hepburns in the Canongait, and my lord passit to his awin ludgeing in the abbay. The DEPOSITION of JOHN HEPBURN, called John of Bowton. | slaying of the kinge one of the feildes, because 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 kingis bed; and yan ye said laird of Ormestone, Hob Ormeston, and Paris past away, and left the deponar and John Hay within the said house, quhilks tarryit yarein quhill eftir twa 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 fyrit ye vthir 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, Geordie Dalgleish, Pat Wilson, and Willie Powry; and my lord speirit at them, gyf yay had done all things as was ordourit: and yai said, zea; and yai tarryit upon ane quarter of ane hour yaireftir, and my lord thocht lang, and spirit gyf yair was ony part of the house yat they mycht se the lunt gyff it was burnand anouch, and yai said, Yare wes nane but ane wundo quhilk wes within ye clois, and as they war speeking upon it, the house begouth to take fyre aud blew up, and yai ran away, and cum up black freir wind, and zeid down ane clois to haif gottin over the broken wall at Leith wind, but my lord thocht it over heich to loup, because of his sair hand, and swa returnit to ye neddir bow, and walkynit John Galloway portar, qubam yai gart cum down and opin the zet; and Willie Powry, Paris, and John Haye, zeid evin down the Cannongait, and my lord, the deponar, Pat Wilson, and Georde Dagleish, zeid down saint Mary wind, and behind the zairds unto my lordis ludgeing in the Abby. And in yair byganging, twa of the watchis spirit, quhat yai were, and ye deponar answerit, We are servands of the erle Bothwell, gangand to him with news out of the town; and swa my lord passit to his bed, and yis deponar lay down in ane bed in ye hall. And sone yareftir Mr. George Hackett came in, quha told, yat the house of the Kirk of Field was blawin up in the air, and the king slane. And within short space yairafter my lord Huntley came in, and my lord Bothwell raiss and put on his claithis, and passit into the queenis house. And the deponar tarryit sum tyme yareftir, and cumand furth, fand the abbay zeit closit, and yan ye deponar fand the said John Hay in his bed in John Hepburns, and lay down with him. Item, Deponis, yat yare wes fourteen false keys maid for oppyning of all the lockes of the dures of the kingis ludgings at the Kirk of Field, quhilk the deponar, eftir the comitting of the said murther, keist in the quarie hole betwixt ye abbay and Leith. Thir are ye true Copies of the Depositionis of the said John Haye zounger of Tallo, and Johne Hepburne callit of Boutoune, maid in presence of my lord Regent, and the lords before mentionit, in manner befoir expremitt, concordant and agreand with The the originalis, quhilks are remainand in the justiciarie, collationate be me sir John Bellenden of Auchinoul, knight, clerk of our soverane lordis justiciary. Joannes Bellenden, Clericus Justiciarie. TRYAL and SENTENCE of the saids WILLIAM POWRIE, GEORGE DALGLEISH, JOHN HAY, and JOHN HEPBURN. Curia justiciariæ S. D. N. regis, tenta & inchoata in prætorio de Edinburgh tertio die mensis Januarii, anno Domino millesimo quingentesimo sexagesimo septimo, per honorabilem virum magistrum Thomam Craig, justitiarium deputatum nomine nobils & potentis domini Archebaldi comitis Argadiæ, domini Campbell & Lorne, justiciarii generalis dicti S. D. N. R. totius regni sui generaliter constituti. Sectis vocatis & curia affirmata. THE quhilk day, Johne Hepburne callit of Bolton, Johne Haye apperand of Tallo, William Powrie and George Dalgleish, being present in Judgement in the said court, to be accusit of the dittay aftir-specifeit, were putt to the knawledge of the persons underwritten, quhilk were lawefully summoned to pass upon yair asize, choisin and admittit be thameselues, and sworn to deliver upon the points of the said dittay, viz. John Lockart of the Bar; The laird of Caprinton; James Campbell of Chankstoun; Heugh Wallace of Carnell; The laird of Mochrum; William St. Clare in Gosfoird; Laird of Gastoun; Robert Gray Burges of Edinburt. ; John Stoddart Burges of Edinburt.; Williame Strang; James Freeman Burges of Edinburt.; Heugh Brown yair: Charles Geddes; John Watson; James Aickman. And immediately aftir the chesing and swer ing of the saids personis of assys, as use is, the foresaid John Hepburne, John Haye, William Powrie, and George Dalgleish, being accusit be dittay, oppinly read in judgement, of the crymes following; and eftir the reding alswa in jugement of certane answeris and depositionis maid be thame of before at particular examina tionis of yame upon ye saidis crymes, quhilks yai recognoscit, and confessit to be of verity in presence of the saidis person is of assys, is the said personis of assys removit furth of the said court, and all togiddir convenit and ressonit upoun the pointis of the said dittay, togiddir with ye saidis depositionis, and syne being yairwith rypely avysit, reinterit in the said court of justiciarie, and yair, in presens of the said justicedepute, be yair deliverance pronouncit and declarit be ye mouth of the speiker John Lochart of the Bar, chancilar of the said assys, fand and deliverit the saids Johne Hepburne, John Haye, Williame Powry, and George Dalgleish, to be culpable, fylit, and convict of art and part of the cruel, shamefull, tresonabill, and abhominabill slauchter and murther of umquhill the kingis grace, fadir to our soverane lord, in his awin ludging for the tyme, within the Burgh of Edinburt, besyde the Kirk of Field, quhair he was lyand in his bed, taking the nychts rest, treasonably risand fyre within the same, with ane grite quantitie of pouder, through force of the quhilk the said haill lugen wes raisit and blawin in the air, and his grace was murderit tresonably, and maist cruelly slane and destroyit by yame yarein: And als, for art and part of the crewall slauchter and murther of umquhil William Tailzor his graces servitour, and umquhil Andro Macaig, tresonably throw raising of the said fyre, as said is, committit in the cumpany with James sumctime erle Bothwell, now rebel, and declarit traitor in parliment, and at the horn, in the moneth of Februarie last bypast, under scilence of nycht, upon sett purposes, provisioun, and forthought felonye. daith, and thairfoir is justly worthy of daith, but he was assurit of the mercy of God, quho callit him to repentance, not his subscriptioun, but I warrand you he was the principal counsallar and deviser.Item. He sayd, I confesse it is the veray providence of God that hes brought me to his judgement, for I am led to it as an horse to the stall, for I had schippis providit to flie but coulde not escape.-Item. He sayd, let no man do evill for counsall of great men, or thayr maysters, thinking thay shall save tham, for surely I thought that night that the deid was done, that although knowledge should bene gotten, na man durst have sayd it was evill done, seing the hand writtis and acknowledg ing the quenis mind thairto.-Item. Speaking of the quene in the Tolbuith he sayd, God make all weill, but the langer deirt is hydden, it And thairfoir the said justice-depute, be is the stronger. Quho lives, our daithes will dome pronuncit be the mouth of Andro Lin- be thought na newis.-Item. Hinmest he condesay dempstare of the said court of justi-essit, he was ane of the principall doers of the ciarie, decernit, ordanit, and adjudgit the saidis Johne Hepburne, Johne Haye, Williame Powrye, and George Dalgleish, to haif committit the crymes of tresoun and lese majestie; and as manifest traytours to be demanit as followis, that is to say, the said Johne Hepburne, Johne Haye, William Powrye, to be hangit to the deid on ane gibbet at the mercat croce of Edinburt, and yair heddis, leggis, and armis to be cuttit from yair bodies, and put up and hangin (as for example) on the portis of Edinburgh, and vther portis of the principall horrowis of yis realme, and yair bodies to be brynt and consumit in fyre besyde the said gibbet. And the said George Dalgleish to be hangeit to the deid, and his heid to be cuttit fra his bodye, and put upon the port of Edinburgh. And siclyke, decernit and ordanit the saidis personis, and ilk ane of yame, to haif foirfaulted and tynt all and sundrye yair landis, heritages, possessionis, talkis, steddingis, lyferentis, actionis, debtis, and all vthers yair guds, moveables, and unmoveables, to be inbrocht, and remaine with our soverayne lord, as his escheat. Extractum de libro actorum adjournalis S. D. N. Regis, per me Johannem Bellenden de Auchinoule, militem, clericum justiciariæ ejusdem generalem, sub meis signo & subscriptione manualibus. Joannes Bellenden, Clericus Justiciaria. The CONFESSIOUN of John Habroun, young Talla, Dagleish and Powrie, upon quhom was justice execute the 3d of Januarie, the yeare of God 1567*. JOHN of Bowton confessit that nyne was at the deid doing, my lord Bothwell, the lord of Ormistoun, Hob Ormistoun, himself, Talla, Dagleish, Wilson, Pourie, and Frentch Paris, and that he saw na moe, nor knew of na other companies.Item. He knowis nat other but that he was blowin in the ayre, for he was handilit with na mens' handes as he saw, and if he was, it was with others and not with tham.Item. As touching sir James Balfour, he saw Buchanan's Detection. English edit. Item. Talla confessit ut supra, agreing in all pointes as concerning the parsons, number, and blowing in the ayre.-Item. He affirmit, that in Setoun my lord Bothwell callit on him and sayd, quhat thought you quhen thou saw him blowen in the ayre. Quho aunswerit, alas! my lord, quhy speake ye that, for quhen ever I hearę sic a thing, the wordes wound me to death, as they ought to do you.-Item. That same tyme he saw sir James Balfour put in his owne name and his brother's unto my lord Bothwelles remissioun.-Item. He knew of the deid doing three or four days or it was done, or thereby.-Item. He sayd, after that I came to the court, I left the reading of God's worde and imbrasit vanitie, and thairfoir hes God justly brought this on me.-Quhairfoir let all men flee evill cumpany, and to trust not in men, for redy are we to imbrace evil, as redy as hardes to receiye fyre. And furthur, in the Tolbuith he requirit Jobu Brande, minister of the congregation, to passe to my lord Liudsay, and say, my lord, hartily I forgeve your L and als my lord regent, and all others, but spe cially tham that betrayit me to you, for I know if ye could have savit me ye would, desiring you, as ye will answere before God in the latter day, to do your diligence to bring the rest qubo was the beginners of this worke to justice, as ye have done to me, for ye know it was not begunne in my head, but yit prayses God that his justice hes begunne at me, by the quhilk he hes callit me to repentaunce. Item. Daglishe sayd, as God shall be my judge, I knew nothing of the kinges daith be foir it was done, for my lord Bothwell gangand to his bedde after the taking of of his hose, quhilke was stockit with velvet, French Paris cum and roundit with him, and thairefter he taryed on me for other hose and claithis, and his riding cloke and sworde, quhilke I gave him, and herefter cum up the gait to the lord of Ormis. toun's lodging, and taryit for him, and therefter that he passit to ane wynd beside the Blacke Fryers, and come to the slope of the dike, quhaire be gart me stand still; and as God shal be my judge, I knew nathing quhilt I heard the blast of powder; and after this he cum hame, lay downe in his beid, quhill Mr. George Hakit cun and knockit at the doore, and if I dye for this, the quhilke God judge me gif I knew maire, quhat shal be done to tham quho was the devisers, counsallars, subscrivers, and fortifiers of it. The EVIDENCE of Thomas Nelson concerning the Murder of King Henry Darnley. Marked with Secretary Cecil's hand. THOMAS Nelson, sumtyme servand in the chambir to wmquhill King Henry of guide memory of Scotland, examinat upoun his conscience, declaris that he was actuall servand | to the king the tyme of his mwrthour and lang | of befoir, and came with him frome Glasgow the time the quene convoyit him to Edinburgh. Item. The deponar remembris it wes dewysit in Glasgow, that the king suld haif lyne first at Craigmyliare: bot because he had na will thairof the purpois wes alterit, and couclusioun takin that he suld ly besyde the kirk of feild, at quhilk tyme this deponir belevit evir that he suld half had the duikis house, and knew na uther hous, qubill the king lychtit, at quhilk tyme he past derectlie to the said duikis hous, thinking it to be the lugeing preparit for him: bot the contrare was then schawin to him be the quene, quha convoyit him to the uthir hous, and at his cuming thairto, the schalmer wes hung, and ane new bed of black figurat welwet standing thairin. The keyis of the lugeing wes partie standing in the durris, and pairtlie deliverit to this deponir be Robert Balfour awnir, all exept the key of that dur, quhilk passit throuth the sellare and the town wall, quhilk could not be had, and thairfore Bonkle in the sellare said, he suld clois it weil aneuch within, qubikis keyes wes keppit and usit be this deponir, and utheris the kingis servandis, quhill the quenis cumming to the lugeing, at the quhilk tyme, the key of the laich chaimir undir the king quhar sche lay tua nytis, viz. the Wednisday and Fraday befoir his marthour, with the key of the passage that past toward the gardin, wer deliverit in the handis of Archibald Betoun, as the deponir remembiris, quhilk Archibald wes yscheare of the quenis chalmer dour, befoir quhilk tyme of the quenis lying in the kingis lugeing the tua nytis above namyt, sche causit to tak down the uttir dour that closit the passage towart baith the chalmeris, and causit use the samyn dour as a cover to the bath fatt quherin he wes baithit: and sua ther wes na thing left to stope the passage into the saidis schalmicis, bot only the portell durris, as alsua sche causit take doun the said new blak bed, sayand it wald be sulzeit with the bath, and in the place thairof sett upe ane auld purple bed that wes accustomat to be carit, and the saidis keyis that wer deliverit in the the handis of Archibald Betout remanit still in VOL. I. *iv. Anderson, p. 165. the handis of him and utheris that awaitit upon the quene, and nevir wer deliverit agane to the kingis servandis: for sche sett upe ane grein bed for hir self in the laich chalmir quberin sche lay the saids tua nytis, and promist alsua to haif bidden thair upoun the Sounday at nyt. Bot eftir sche had tareit lang and intertenit the king verey familairlie, sche tuk purpoise, (as it had bene on the suddan) and departit as that nyt wes mareit hir servand; namehe, the sche spak to gif the mask to Bastyane, quha said Archibald Betoun, and ane Paris Franchenan havand the keyis of hir schalmir, quberin hir bed stuid in, as alsua of the passage that past towart the gairding: for quhen the quene wes thair, hir servandis had the keyis of the hailt houss, and durris at hir commandement, for upon the nyt sche usit with the lady Rereis to ga furth to the garding, and ther to sing and use pastyme, Bot fra the first tyme that sche lay in that lugeing, the kingis servandis had nevir the key of bir said chalmir agane. The quene being departit towart Halyrud hous, the king within the space of ane hour past to bed, and in the chalmer with him lay wmquhill William Taylyour. This deponir and Edward Symonis lay in the litill gaylery, that went dervict to sowth oute of the kingis schalmir, havand ane windo in the gawill throw the toun wall, and besyde thame lay William Tailzeir's boy,quhilks nevir knew of ony thing quhill the hous qhuerin thay lay wes fallin about thame: oute of the quhilke how sone this deponir could be red, he stuid upoun the rwynous wall quhill the pepill convenit, and that he gat claithis and sua depantit, quhill on the Monounday at efter none he was callit and examinat, and amang utheris thingis wes inquirit about the keyis of the lugeing, this deponir schew that Bonkle had the key of the sellare, and the quenis servandis the kevis of hir schalmir: quhilk the laird of Tulybardin hering said, haid thair, heir is ane grund, eftir quhilk wourdis spokin thai left of and procedit na farther in the inquisition. Letter from Lord Handsdown to Sir Wiliam Cecil, from Berwick, 30th August, 1569*. WHEREIN he says he received a letter of the 23rd of August with the Q. Majestys letter, and my lady Lennox packet, and towching Paris, he was put to death a fortnight since, and so was Stewart, who was king of heralds, which had determined to kill the regent, but he was forgiven for that, and was burnt for conjuration and witchcraft. Letter from Murray to Elizabeth, without date. PLEASE it your majestie, I have of lait ressavit three letters of your hienes, the first by my servant Alexander Hume, the next from ane Mr. Tho. Fiemyng, and the third be my lord governour of Berwicke, for the differing of the executioun of death upoun ane Paris Franshe man. From Anderson's Notes of Letters in the Paper Office. 30 |