Act regarding the disinheriting and inability of the brother and posterity of [John Ruthven], earl of Gowrie

Our sovereign lord and estates of this realm, understanding the obstinate malice of treasonable rebels takes so deep root in the hearts of their perverted posterity that the mercy, favour and clemency of their native princes graciously extended to them cannot expel their natural inclination to treasonable cruelty and ingratitude, but by the contrary furnishes to them convenient occasions of desperate revenges against the prince for the lawful and condign punishment of their treasonable forbearers according to their demerits, as the horrible treason lately attempted against his highness's most noble person by the late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, following the footsteps of William [Ruthven], earl of Gowrie, their father, whose manifold treasons his majesty had pardoned and remitted to them and his remaining posterity and restored them to the integrity of their same and estate manifestly declared; for remedy whereof, and to the effect that the severity of punishment may terrify and divert such malicious and wicked persons as by favourable and clement means cannot be restrained from attempting of so detestable and treasonable enterprises, our said sovereign lord, with advice and consent of the whole estates of this present parliament, statutes and ordains that the apparent heirs and successors of the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, and their whole brothers, either lawful or natural procreated of the said late William, earl of Gowrie, and the whole remaining posterity, heirs and successors of the said late John, earl of Gowrie and Master Alexander Ruthven, his brother, are and in all time coming shall be unable and incapable to enjoy, hold or possess any honours, dignities, offices, benefices, lands, heritages, rooms, possessions, goods, gear, successions or other rights or commodities whatsoever within this realm, and that our said sovereign lord and his successors by the right of his crown shall have full and undoubted right to all and whatsoever lands, heritages, offices, benefices, tacks, steadings, rooms, possessions, goods, gear, successions, hope and appearance of succession and other goods, rights or titles whatsoever which either appertained or in any way might have belonged or hereafter may befall or appertain to the said late John, earl of Gowrie and the late Master Alexander Ruthven or to any other of their brothers, their heirs, posterity or successors foresaid through the rebellion and memory of the said persons or inability of their brothers, posterity or others respectively foresaid, to the which persons above-written and every one of them our sovereign lord and his successors foresaid shall now and in all time coming succeed and to all such others of his highness's lieges whom they or any of them, their brothers or posterity might have succeeded to in any time bygone or to come; and that the said brethren of the said late John, earl of Gowrie and Master Alexander Ruthven and their posterity shall in all time coming be banished and expelled out of this realm and whole bounds of his highness's dominions under the pains of death, to be executed without delay upon any of them that shall contravene the same. And to the effect that the exemplary punishment of the foresaid treason and constant observation and execution of the premises may be a terror to all posterity ever to attempt the like, our said sovereign lord and estates foresaid statute and ordain that whatsoever advocate, clerk, writer or other of his highness's subjects of whatsoever estate or degree give counsel, advice, help or assistance to form, write, devise or propose any pardon, remission, rehabilitation or restitution of the posterity of the said rebels and traitors or reduction of the forfeiture of the memory of the said traitors and their posterity or assist them relating thereto directly or indirectly in judgement or outwith or shall presume to make suit, request or supplication to our sovereign lord or his successors in their favour, being tried and lawfully convicted of any of the said points, shall incur the pains of treason in their bodies, lands and goods notwithstanding of whatsoever warrant to be purchased relating thereto of the princes for the time, with consent of parliament or otherwise, which shall be no impediment to the said princes or their successor to cause challenge, accuse, convict and punish the said persons or their posterity for that, as for an unpardonable treason, notwithstanding of the warrants foresaid, in granting whereof the said princes for the time and their successors shall be reputed minors and have perpetual privilege and liberty of revocation thereof and punishing the purchasers and users of the same in manner foresaid.

  1. NAS, PA2/16, f.11v-12r.
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