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schewed yame ye purpois of befoir or not, ye deponar knawes not. Swa every day yare was tauking amongis yame of the samyn purpois, quhill within twa dais before ye murther, yat the said erle changed purpoise of the slaying of the kinge one the feildes, because yan it wald be knawn, and schew to yame quhat way it mycht be usit better be ye pulder. And on the Sunday, in the gloming before nicht, ye 9 daie of Februar last bepast, the deponar send ye said Johne Hayes man for ane tome poulder barrel to the man quhilk Johne Haye had coft the same fra, yat dwells above Sandie Bruces cloise heid. At even my lord suppit in maister Johne Balfour's hous, quhare the bischop of Argyle maid the banket, and eftir supper my lord came up the gait, and yai all with him to the said lard of Ormestonis' chalmer, quhair ye deponar and Johne Haye past in, and fand the said lard and Hob Ormistoun his fader bruther; and as ye deponar rememberis, yat was the first time. yat Hob knew of yat matter, and yare yai spake togidder, and my lord schewit yame ye maner: and the deponar, the said lard of Ormestoune, Hob Ormistone, and Johne Haye, past to the fute of the Black Freir Wind, haveing sent away Wille Powry and Pate Wilsone for the poulder. And before yar comming furth of the said chalmer, my lord departit with his servandis, quhair ye deponar knawes not. And the saids foure being togidder, as is befoir wryttin, at the fute of the Freir Wind, the said Willie Powry and Pate Wilsone, cum agene with the poulder, quhilk was brocht at two times in ane tronk and ane mail, and yai carreit it in at Black Freres zet, and quhen yai war changing ye pulder furth of the tronk in polks, my lord come and speirid, gyf all was redy, and bad yame haist before the queene cum furth of the kingis house, for gyf she cum

furth before yay wer reddy, yay wald not find sic commodity. And yan ye pulder being put in polks, the saids laird of Ormistone, Hob Ormistone, this deponar, Johne Haye, Willi Powry, and Pate Wilsone tursit up the pouder to the kingis house, and fand Paris at the dur, quha openit the samyn, and yay assayit to haue 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 Ormiston, and Paris past away, and left the deponar and John Hay within the said house, quhilks tarryit yarein quhill efter 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 vther 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 speirit gyf yair was ony part of the house yat they mycht se the lunt gyff it was burnand anouch, and yai said, yare was nane but ane wundo quhilk wes within ye clois, and as they war speeking upon it, the house begouth to take fyre and 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 Nedder Bow, and walkynit John Galloway, portar, quham 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 Dalgleish, 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 Bothweill, 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 blawn up in the hair, 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 committing of the said murther, keist in the quarie hole betwixt ye abbay and Leith.

Thir ar 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 men. tionit, in manner befoir expremitt, concordant and agreand with the originalis, quhilks are remainand in the justiciarie, collationate be me Sir John Bellenden of Auchinoul, knight, clerk of our soverane lordis justiciary.

JOHANNES BELLENDEN, Clericus Justiciarie.

The 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 Domini millesimo quingentesimo sexagesimo septimo, per honorabilem virum magistrum Thomam Craig, justitiarium deputatum nomine nobilis & potentis domini Archebaldi comitis Argadia, 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, Williame Powrie and George Dalgleish, being present in judgement in the said court, to be accusit of the dittay after-specifeit, were putt to the knawledge of the persons underwritten, quhilk were lawfully 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,

John Stoddart yair,
Williame Strang,
James Freeman Burges
of Edinburt,
Heugh Brown yair,

Charles Geddes,

John Watson,

Robert Gray Burges of Edin- James Aickman.

burt,

1

And immediately aftir the chesing and swering of the saids personis of assys, as use is, the foresaid John Hep

burne, John Haye, William Powrie, and George Dalglishe, being accusit be dittay, oppinly read in judgement, of the crymes following; and eftir the reding alswa in jugement of certain answeris and depositionis maid be thame of before at particular examinationis of yame upon ye saidis crymes, quhilks yai recognoscit, and confessit to be of verity in presence of the saidis personis of assys, the said personis of assys removit furth of the said court, and altogidder convenit and ressonit upoun the pointis of the said dittay, togidder with ye saidis depositionis, and syne being yairwith rypely avysit, reinterit in the said court of justiciarie, and yair, in presens of the said justice-depute, be yair deliverance pronouncit and declarit be ye mouth of the spekir John Lockart of the bar, chancilar of the said assys, fand and deliverit the saids Johne Hepburne, John Hay, William Powry, and George Dalglish, to be culpable, fylit, and convict of art and part of the cruel, shamefull, treasonabill, and abhominabill slauchter and murther of umquhill the kingis grace, fadir to our soverane lord, in his awin ludging for the tyme,

besyde the Kirk of

within the burgh of Edinburt, 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 treasonably, and maist cruelly slane and destroyit by yame yarein: and als, for art and part of the crewall slauchter and murthor of umquhill William Tailzor his graces servitour, and umquhil Andro Macaig, treasonably throw raising of the said fyre, as said is, committit in the cumpany with James sumetime erle Bothwell, now rebel, and declarit traitor in parliament, and at the Horn, in the

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