s' assyse, fyllit the said James earle of Mortoun of airt, pairt, foirknawledge, and conceiling of the treasonable and unuatural murthers forsaids; after the qlke 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 s burgh of Ed', and ther be hangit while he be deid, and y'after 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 whilkis 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 qlkes premisses, 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 publicum et clericum dicte curie per commissionem S. D. N. regis antedict. specialiter electum et juratum, &c. sub meis signo et subscriptione manualibus.

No. XXXIV. Vol. II. Page 61.

The sume off all that conference that was betwixt the Eirle of Morton, John Durie, and Mr. Waller Balcanquell, and the cheif things that they hard of him quhairof they can remember, that day that the said Eirle suffered, quhilk was the second of Junii, 1581.

FIRST, the said eirle being exhorted that he sould not be discouraged in consideration of that estate qubairinto 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 my 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 knowledge in that matter the soume

Signior Da

slane,1565,

queins.

quhairof is this: Efter my returning out of Ingland, quhair I was banished for Davie's slaughter, I Meining came out of Wederburn to Whittinghame, quhair vie Rizio's the eirle Bothwell and I met together in the yaird of being a miWhittinghame, quhair, efter long communing the nion of 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 cum 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 eirle 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 being inquyred quhat wald have beine his part in caise he had gotten the queines warrand in that matter, wald he in respect thairof, melled with such a filthie murther as that? He answered, 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 king's 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 seeing the eirle Bothwell never reported any warrand 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 dangerous 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. Archbald at that tyme was a depender apon the eirle Bothwell, making court for himself, rather then a depender of myne. Efter this following forth the same discourse, he said Mr. Archbald, efter the deid was done, shew to me that he was at the deid doeing, and came to the Kirk of Field yard with the eirle Bothwell and Huntlie. Then being requyred if he received Mr. Archbald efter the murther, he answered I did indeed. Then it was said to him, appeirantlie my lord, ye cannot complain justlie of the sentence that is given against you, sieing with your oun mouth

ye confess the foreknowledge and concealling of the king's murther, for quhilk two poynts onlie ye could not be able to abyd the law. He answered that I know to be trew indeid, but yet they sould have considered the danger that the reveilling of it wald have brought me to at that tyme; for I durst not reveill it for feir of my lyfe. For at that tyme to whom sould I have reveilled it? To the queine? she was the doer thereof. I was mynded to have told it to the king's selfe (father, Calderwood) but I durst not for my lyfe, for I knew him to be a bairne of such nature (sic a facile bairne) that there was nothing told him but he wald reveill it to hir againe: and therefore I durst in na wayis reveil it. And howbeit they have dampned me of arte and parte, forknowledge and concealing of the kingis murther, yit, as I sall answer to God, I never had art or part, red or counsall, in that matter. I forknew indeid and concealed it, because I durst not reveil it to ony creatur for my lyfe. Being inquyred why he wald not sinsyne reviell it 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 nobilitie, 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