(M) gud will and benevolence (I mene nocht of sic that youre majestfe will nevir traist into). L And attour gif it sall pleis your majestie to desyre his grace to use sum quhat of my counsale in his greit effaires, specialie concerning youre (M) self and the weill of this realme, I sall fulfill, be Godis gudnis, that thing quhilk I have promist, gif it sall pleis him of his mercie to prolong my dayes. It becomis me nocht to be harald in my awin causs, nor yit will I presentlie mene to youre majestie my hard handlin, deidlie feid and hatrait quhilk I underly for your (M) service, bot refer the samin to your (M) consideratioun, eftir just tryell takin thairof be your majesties self, assurand your (M) that I sall be at all occasiounis mair reddie to put thingis in executioun, quhilk I believe may tend to your (M) weill and contentement, than to mak large and ample discourss without frute, quhilk I hauve purposly omittit at this present, becauss I thocht it nocht needfull to repeit that thing quhilk sindrie hes writtin to youre (M) at lenth concerning the present estait of all thingis within this realme, and specialie my lord of Lennox, to quhom I pray youre (M) write as he meritis, and to have consideratioun of the greit chairgeis that he hes sustenit and daylie sustenis, nocht forgetting utheris of the nobilitie youre (M) affectiounat servitouris, in thair awin rank. In the meme tyme I sall interteine all thais that I knaw to be affectiounat, or may be persuadit to youre (M) service with sic small credit as I have. I have desyrit my lord ambassadour to write this in his cipher, for gif I had ane of my awin I wald have twicht sindrie thingis quhilk I have omittit, bot sall write heir eftir as thingis sall happin to fall furth. Thair fore youre (M) will pleis write me youre answer in my said lord ambassadours cipher, quha will communicat the samin to me surlie aneuch, or ellis gif youre (M) findis opportunitie to send me ane cipher of my awin. This luking for youre (M) answer with sic gudlie diligence as is possibill, kissand youre (M) handis with all humilitie, I pray the eternal God to preserve youre (M) in gud health, and grant youre (M) haistie releifs to his glorie and the comfort of the gud subjectis of this pure and afflictit realme. From Edinburgh the penult, day of Januar, 1580. Youre majesties maist humbill and obedient servitour to the end, SIR JAMES BALFOUR. Arnot's p. 388. No. XXXIII. Vol. II. Page 58. Trial of the Earl of Mortoun for the Murder of '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. Jacobus Comes de Mortoun, Dns. de Dalkeith, &c. accusatus callumniatus de arte, parte, prescientia conselatione, et non releuatione proditorie murthure quondam nobilissimi et charissimi Henrici regis Scotorum, patris S. D. N. Regis Jacobi sexti. Nomina assizae elect. jurat. et admiss. super prefato Jacobo Comite de Mortoun, &c. viz. Colinus Comes Ergadie, Johannes Comes de Montrois, Andreas Comes de Rothes, Jacobus Comes de Glencairne, Hugo Comes de Eglintoun, Alexander Comes de Sutherland, Joannes Dns. de Maxwell, Georgius Dns. de Seytoun, Jacobus Dns. Ogilvie, Jacobus Dns. Innermaithe, Hugo Dns. Somervell, Alexander Magister de Levingstoun, Alexander Mr. de Elphinstoun, Joannes Gordoun de Lochinvar, Miles, Patricius Hepburne de Wachtoun, Patricius Learmonth de Dersie, Miles, Willielmus Livingstoun de Kilsyth, Miles. The whilk day the said James earle of Mortoun being indyttit and accusit, that, in the moneths of Januarii and Febrii, in the yeir of God 1566 yeiris, he, accompaniit with James, some tyme earle Bothwell, James Ormistoun some tyme of that iike, Robert, alias Hob Ormistoun, his father brother, John Hay some tyme of Tallo, younger, John Hepburne, callit John of Bowtoun, and divers others his complices, craftelie and secretlie conspirit among them selves, consultit, treatit, devysit, and maliciously concludit the maist shameful, detestable, and unnatural murther and patricide of our soverane lords umquhill dearest father, Henry king of Scotts, lawful spouse for the tyme to his hienes's dearest mother, Mary, then quein of Scotland, and that within the burgh of Ed', pallice of Hallyruidhouse, 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, y' servants, complices, and others, in y' names, of their 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 murtherit him, with Wm Tayliour and Andro Makage, his cubicularis, when as they, buriet in slep, were takeand the nyghts rest, brunt his hoill lodgeing forsaid, and raised the samen in the air be force of gun poulder, qlke a lytle afore was placit and imput be him and his forsaids under the grund, and angular stains, and within the voltis, in laich and darnit pairts and places y'of, to that effect, and richt, swa he with the remanent persouns afornamit, marrowis of his mischeife, be themselves, y' servants, complices and uthers, in y' 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, hid, and conceillit the samen, in maist treasonable and secreit maner, and theirthrow had incurrit the paines of leismagestie, and sould have bein punishit theirfor with all rigour, be tinsall of life, lands, and guids, and be extinctioun of fame, honour, titles, and memorie, conform to the lawis of this realme; lykeas the remanent persouns afoirnamed, his complices and conspirators with him in their treasonable impieties, were already tryed and forfaultit for the self same hynous and detestable crymes, and for the maist part, as they could be apprehendit, had sufferit maist shameful deid theirfor, according to y' 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 y'to, 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 usit for verifieing theirof, and y'after inenterand againe in court, they all in ane voyce, be the pronounceing of the mouth of John earle of Montrose, chancellar choisen be the |