[1600/11/8]¹

Judicial proceedings: summons of treason

²The which day Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, produced in presence of the king's majesty and whole estates of parliament, likewise he did diverse [times]³ of before, a summons of treason raised and pursued by our said sovereign lord and his highness's advocate and justice against William Ruthven, brother and apparent heir to the late John [Ruthven], earl of Gowrie and Master Alexander Ruthven, his brother, and his tutors and curators, if he has any, and all others having or pretending to have interest in the matter of treason underwritten, to have answered to the points of the said summons and to the crimes of treason and lese-majesty contained therein; and also the said advocate produced in presence of the king's majesty and estates summons raised by them against Alexander and Harry Ruthven, sons to the late Alexander Ruthven of Freeland, Patrick Eviott, brother to Colin Eviott of Balhousie, and Hugh Moncreiffe, brother to William Moncreiffe of that Ilk, to have likewise answered to the points of another summons of treason regarding the enterprising of the slaughter of our sovereign lord at Perth upon 5 August last; the which two summonses, reasons and causes therein contained, being first read in presence of the king's majesty and in presence of the lords of articles, they found both the same summonses relevant; and thereafter this instant day, both the said summonses of treason being read in presence of the king's majesty and whole estates and the said William Ruthven, his tutors and curators and all others having or pretending to have interest, the said Alexander and Harry Ruthven, Patrick Eviott and Hugh Moncreiffe being thrice called at the tolbooth window and none of them compearing, the said whole estates found both the said summonses, reasons and causes therein contained relevant and therefore they admitted the same to the said advocate's probation.

And immediately thereafter the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign, for proving of the points of both the said summonses of treason, produced the letter of horning duly executed and endorsed against the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott, and that they were denounced rebels and put to the horn for the crimes of treason therein contained, and repeated the whole depositions of the witnesses examined before the lords of articles and the depositions of the late Master Thomas Cranston and George Craigengelt, and their execution to the death for the foresaid crime of treason; and lastly, the said advocate repeated the notoriety of the deed of the said treason, together with the whole circumstances of the said matter, and renounced further probation for proving of the points of both the said summonses of treason and desired the said process to be advised; and thereupon the said advocate asked instruments.

The which day the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, after that he had repeated and produced all his probations to the said whole estates which he would use for proving of the points of the said summonses of treason raised and pursued at the instance of our said sovereign lord and his highness's justice against the said William Ruthven, brother and apparent heir to the said late John, earl of Gowrie and Alexander Ruthven, his brother, his tutors and curators and all others having or pretending to have interest in the matter of treason underwritten, whereby they were summoned to have compeared before our said sovereign lord and his estates of parliament at a certain day bygone, with continuation of days, to have answered to the points and crimes of treason and lese-majesty contained in the said summons; of the which summons the tenor follows:

James, by the grace of God, king of Scots, gives greetings to our beloved lyon king of arms, Marchmont, Islay, Ross, Rothesay, Albany and Snowdon, heralds, Robert Stewart, David Bryson, Alexander Douglas and James Chalmers, macers, Ormond, Bute, Unicorn and Carrick, pursuivants, and messengers, and whichever, jointly and severally, of our sheriffs specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses William Ruthven, brother and heir apparent or successor of the late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, in person if you are able conveniently to have his personal presence, otherwise at his dwelling places; if indeed he has been outwith our kingdom, that you summon the said William Ruthven and, all and singly, his tutors and curators, if he has any, for his interest, and also, all and singly, others who have or claim an interest, by public proclamation at the market crosses of our burghs of Edinburgh, Haddington, Perth and other necessary places, on notice of sixty days, in such a way that a summons of this kind could reasonably reach their ears and notice - that they should compear before us or our justice on 4 November next in our parliament held at Edinburgh on 1 November following, at the time of dealing with cases, with continuation of days, in order to answer to us or our justice in the foresaid parliament. For hearing and seeing, on the basis of the foregoing, it is decided and decreed, by us and by the decreet of the three estates of our realm, that the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, have committed the crime of lese-majesty in their lifetimes, for the reason that, rejecting all fear of God and respect for king and reverence for the laws, and forgetful of our benevolence, who when they were condemned on account of their father's crimes and reduced by exile, infamy and poverty, were elevated by us to great wealth and position; nevertheless, displaying great hatred towards us, and repaying our incredible benevolence with unheard of ingratitude, in July past and at the beginning of August they plotted our betrayal, death and murder, and so that they might follow through their criminal and nefarious plans, the said late John, earl of Gowrie on 5 August this year sent his brother the late Master Alexander Ruthven to Falkland in the very early morning, in order to persuade us that he (unknown to the said earl, his brother) had discovered a huge amount of gold found by a discreet man, and had entrusted the treasure and its finder to custody secretly with all skill until he could declare everything to us as part of our jurisdiction, and hoped that we would be mindful of such a service to us and would load him with a share of the gold and every other favour, and that this would be expedient for the avoidance of suspicion, so that without any escort, and the accustomed crowd of domestics forbidden to follow, we should set out for Perth with him, so that having brought us into his power, as he intended, he might the more easily slay us; and acting the part allocated to him in this tragedy, the said late Master Alexander, with incredible cunning and confidence, with his very sweet address, expression and words responding obsequiously to our benevolence, respect and humble trust, easily persuaded us as he wished, and we, not suspecting that we were under any deception or danger, and accompanied by very few people (and those unarmed) hurried towards Perth, unprepared for the ambush he was leading us to. The earl meanwhile had been warned, first by Andrew Henderson and secondly by Andrew Ruthven (who had both been sent ahead by the said Master Alexander) that we were approaching - bereft of mercenary arms and everything else necessary for our defence - and eventually he was informed by Master Alexander himself, and, concealing his execrable and most crafty conspiracy, advanced to meet us outside the town, and treasonably led us within his walls and house which were identified for the detestable crime. There, he detained us for some time in a secluded bedroom until he could prepare everything necessary for the murder, on the pretence of a meal. With the said late Master Alexander, his brother, and the said Andrew Henderson, whom he had ordered to arm himself with a breastplate and helmet, he came in and ordered forcefully that he should carry out whatever the said Master Alexander ordered, and when he enquired out of curiosity what Andrew wished to order, the door was barred and he left him until they should return to perpetrate the crime. When things were thus arranged, the said late Master Alexander easily enticed us to the said bedroom, affirming that he would there carry out his grand promises, and so that indeed the earl could entirely snatch away all resource and hope of help from us, he spread through familiars of his a rumour that we had suddenly departed at the postern gate, with the said earl and Master Thomas Cranston, his servant, improperly asserting that it was true, to our most beloved kinsmen Ludovic [Stewart], earl of Lennox, John [Erskine], earl of Mar and a few others of our domestics who happened to be there. As a result, our earls, so deceived, spurred on their horses and burst out of the town to go to follow us to Falkland, to where the said earl was affirming that we had hastened. Meanwhile, the said late Master Alexander, barring many doors behind him, led us eventually to that room in which, as we said, he had placed the said Andrew Henderson, armed, to perpetrate the most dastardly crime. Then, thinking the time had come, he covered his head and rushed at us, following this through with hideous clamour and threatened us with immediate death by pressing a dagger to our throat. We resisted as best an unarmed person could, and tried to persuade him to desist from the foul, detestable and treasonable crime, undertaken without any just cause or hope of a good future, and that he should return to saner counsels, with the promise of pardon for the attempted treason if he should accept it. By small stages we repressed the rapid fury of the man to the extent that he replied that he would consult the earl about what he wanted to do with us. Leaving us prisoner in the said bedroom, barring the door behind him, and soon returning, he declared that we should die instantly, and our hands be bound, so that he might the more easily kill us, tied up. The said Andrew Henderson having been called to his assistance, when he noticed that we were ready to die rather than bear such shame, and resisting, he tried to draw his sword, preparing treasonably to kill us. We, relying on no arms and no companions but only on the spirit of almighty God, began a strong resistance, and holding his hands tightly, after a long struggle, against his will opened the bedroom window which looked on to the main square of Perth,⁴ and noticing our loyal kinsmen Ludovic, lord Lennox and John, earl of Mar who, by chance, were waiting for their horses so that they could follow us, we called them to our aid against the horrible treason and force brought to bear on our life. When they, concerned about our safety rather than their own and neglecting the risk, ran forward, could not reach the said bedroom, as so many doors had been barred by the said Master Alexander on purpose, by the wonderful mercy of God Almighty, our most loyal young servant John Ramsay climbed up by another approach and finding open another door by which the said Andrew Henderson had fled in terror, horrified by the crime which had been undertaken, went in, and seeing force being threatened against our life by the said late Master Alexander, exerted himself greatly and, having inflicted several wounds on the said Master Alexander, threw him out of the bedroom with our help. Now the said late John, earl of Gowrie, when he saw a few of our domestics who happened to be there preparing to bring help to us, abandoning all pretence, decided to perpetrate the planned crime on us by his own hand and bring about our death forthwith. Armed with two drawn swords, and accompanied by 100 or so associates, who had all furnished themselves with swords, lances and other arms, he burst from the road into the yard of his house and rushed to the bedroom in which he knew that we had been shut, and treasonably attacked the said John Ramsay, Lord Thomas Erskine [of Gogar] and Hugh Herries, a doctor, and all of proven loyalty towards us who by chance ran to our aid and were striving to offer their lives for our safety and keep the said earl from the approach to the said bedroom in which we then were. He fiercely repelled them, accompanied as he was by the said Master Thomas Cranston, Hugh Moncreiffe, Alexander and Henry Ruthven, Patrick Eviott and many other domestics and kinsmen of his, and entered by force the said bedroom in which our most noble and sacred person then was - our loyal servants, fighting with the greatest force, having been repulsed - and pursuing us most monstrously and treasonably almost overwhelmed our most loyal servants, who were wounded with many blows. He did not desist from the detestable, fierce and pertinacious execution of his treason until he fell, wounded by our said most loyal servants, before the monstrous breath of his body abandoned its home, as [the source of] the planning and execution of detestable, nefarious and horrendous treason. Hence the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, committed the crime of lese-majesty against us and our royal authority and in open violation of all laws. Accordingly the said William Ruthven, brother and heir apparent and successor of the said late John, earl of Gowrie and the late Master Alexander, his brother, and all the tutors and curators of the said William, if he has any, for his interest, and all others who have an interest or claim - it is decided and declared by us and by the decreet of the three estates of our realm that the late John, earl of Gowrie and the late Master Alexander, his brother, have committed the forementioned crimes of lese-majesty in their lifetimes, for sight and hearing. Thus it is decreed that the name, memory and dignity of the said John, earl of Gowrie and of the late master Alexander Ruthven, his brother, are and shall be annulled, and that their arms and insignia are deleted from the book of arms and nobility and cancelled. Thus their descendants are unfit and unable henceforth in perpetuity to enjoy and possess, or in any way to claim honours, dignities, successions and possessions, and all their goods, both movable and immovable, rights, titles, expectation of succession and anything else in our kingdom, and also all their goods, lands, rents, offices, honours, dignities, successions and all expectation of succession and apparence, rights, titles, possessions and other rights and goods, movable and immovable, and everything else which related to the said John, earl of Gowrie and Master Alexander Ruthven, his brother, or could relate or pertain by any right, title, expectation of succession, possession or in any way, are confiscated and devolve to us, pertain to us and henceforth remain in our possession in perpetuity. It is intimated to the said William Ruthven, heir apparent or successor of the foresaid, his said tutors and curators, if he has any, and all others who have or claim an interest, whether they have compeared on the said day and in the said place, with continuation of days, or not, either we or our justice shall proceed in regard to the foregoing, in line with justice. Further, you are to cite Master John Moncrieff, advocate, Alexander Blair, younger, of Balthayock, George Hay of Netherton, prior of Charterhouse, Robert Graham of Thornick, John Graham of Balgowan, Andrew Hay, bailie of Perth, Alexander Peebles, burgess of the same, John Murray of Arbeny, William Robertson, notary in Perth, Gilbert Richardson of the same place, William Rhind, from the same, David Rhind, from the same, John Rintoul of the same, George Forrest of the same, Thomas Burrell of the same, Henry Leys of the same, and Robert Christie, janitor of the late earl of Gowrie, Ludovic, duke of Lennox, John, earl of Mar, Patrick [Leslie], commendator of Lindores, John Graham of Urquhill, Lord Thomas Erskine of Gogar, Lord John Ramsay, Lord Hugh Herries, Sir Robert Galbraith, Sir Robert Brown, Sir James Bogg, Sir James Liddell, Sir John Bogg in the ale cellar, and Master Peter Hay to compear before us or our justice on the said day and in the said place, with continuation of days, to demonstrate loyal testimony in the foresaid case, under pain of the law. Also, you shall hand over the said letter, duly executed and endorsed, to their bearer. Also you who have had writs served on you in person are to be on the said day in the said place, in the presence of ourselves or our judge, bearing with you written proof of your summons, or witnesses themselves. We give authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally. Given under testimony of our great seal, at Edinburgh on 26 August in the year of the Lord 1600, and in the thirty-fourth year of our reign.

Follows the executions of the foresaid summons upon 28 August 1600: I, John Blindseil, Islay herald, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and summons of treason to the dwelling house of Alexander Adamson in Edinburgh, in the late Master Thomas MacLean's close, where William Ruthven, brother and apparent heir or successor to the late John, earl of Gowrie, and the late Master Alexander Ruthven, his brother, made residence, and likewise to the castle of Dirleton, where the said William resorted and made sometime residence with Dame Dorothy Stewart, countess of Gowrie, his mother, because I could not apprehend him personally; and at every one of the said dwelling houses respectively, with my displayed coat of arms and sound of trumpet, after I had knocked six several knocks at every one of the said dwelling houses respectively, by virtue of the said letters in his highness's name and authority, I summoned, warned and charged the said William Ruthven, brother and apparent heir and successor foresaid, and his tutors and curators, if he had any, for their interest, to compear before our sovereign lord and his justice at Edinburgh upon 4 November next in the hour of cause, with continuation of days, in the parliament to be begun and held by our said sovereign lord and three estates of this realm at Edinburgh upon 1 November next, with continuation of days, to answer to our sovereign lord and his justice in the said parliament and to hear and see it be found, declared and discerned by decreet of our said sovereign lord and three estates of parliament that the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, committed in their lifetimes the crimes of treason within libelled; and therefore, the said William Ruthven, brother and apparent heir and successor foresaid, and his tutors and curators, if he has any, for their interest, to hear and see it found and discerned by decreet of parliament the name, memory and dignity of the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, to be abolished and extinguished and their arms deleted and cancelled out of the books of nobility and arms so that their posterity shall be secluded and declared unworthy and incapable of all offices, honours, dignities, successions, possessions, goods and gear moveable and immoveable, rights, titles, hope and appearance of succession and other rights whatsoever within this realm and altogether unable to hold, enjoy or possess the same or any of them in any time coming; and all their goods, lands, rents, offices, benefices, honours, dignities, successions and hope and appearance of successions, rights, titles, possessions and other rights, goods and gear moveable or immoveable and others whatsoever which belonged to the said late John, earl of Gowrie or the late Master Alexander Ruthven, his brother, or in any way might have pertained to them, to be escheat and confiscated to our said sovereign lord, devolved in his highness's person and to appertain to his highness and remain in property with him forever, with certification as is contained within, according to the tenor of the said summons in all points. ⁵Whereof I affixed an authentic copy at every one of the said dwelling places respectively after I had knocked six knocks thereat, as said is, before the witnesses William Ramsay, one of his majesty's trumpeters, Robert Elder, messenger in Edinburgh, Thomas Wallis and William Baxter, postmasters in Edinburgh, with diverse others; and for the more verification of the premise to this my execution, subscribed with my hand, my signet is affixed. It is thus written below, John Blindseil, Islay herald. Upon 28 August 1600, I, the said John Blindseil, Islay herald, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters to the market crosses of Edinburgh, Haddington and shore and pier of Leith respectively, head burghs of the shires where the said William Ruthven, brother and apparent heir and successor foresaid, made his residence; and likewise, upon 30 August and year of God foresaid, I, the said John Blindseil, passed at command foresaid to the market crosses of Perth, Scone and Kinross respectively, head burghs of the shires where the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, made their residence in their lifetimes, and at every one of the said market crosses respectively, with displayed coat of arms and sound of trumpet, at command of the said letters, by open proclamation thereof, lawfully and peremptorily summoned, warned and charged the said William Ruthven, brother and apparent heir and successor to the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, and the said William's tutors and curators, if he had any, and all others having or pretending to have interest in the action of treason and forfeiture underwritten, upon the premonition of 60 days' warning because the said William was suspected to be out of the country, to compear before our sovereign lord and his justice at Edinburgh upon 4 November next, in the hour of cause, with continuation of days, in the parliament to be begun and held by our said sovereign lord and three estates of his realm at Edinburgh upon 1 November next, with continuation of days, to answer to our said sovereign lord and his justice in the said parliament and to hear and see it found, declared and discerned by decreet of our said sovereign lord and three estates of parliament that the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, committed in their lifetimes the crimes of treason libelled within; and therefore, the said William Ruthven, brother and apparent heir and successor foresaid, and his tutors and curators, if he has any, for their interest, to hear and see it be found and declared by decreet of parliament the name, memory and dignity of the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, to be abolished and extinguished, and their arms to be deleted and cancelled out of the books of nobility and arms so that their posterity shall be secluded and declared unworthy and incapable of all offices, honours, dignities, successions, possessions, goods and gear moveable and immoveable, rights, titles, hope and appearance of succession and other rights whatsoever within this realm, and altogether unable to hold, enjoy or possess the same or any of them in any time coming and appearance of succession and other rights whatsoever and all their goods, lands, rents, offices, benefices, honours, dignities, successions and hope and appearance of succession, rights, titles and possessions and other rights and goods and gear moveable or immoveable, and others whatsoever which belonged to the said late John, earl of Gowrie or the late Master Alexander Ruthven, his brother, or in any way might have pertained to them, to be escheat and confiscated to our said sovereign lord, devolved in his highness's person and to pertain to his highness and remain with him in property forever, with certification as is within contained according to the tenor of the said letters in all points; whereof I affixed an authentic copy upon every one of the said market crosses, shore and pier of Leith respectively, before these witnesses respectively, William Ramsay, one of his majesty's trumpeters, William Forsyth and Robert Elder, messengers, Thomas Wallis and William Baxter, postmasters, witnesses to my executions at the market cross of Edinburgh, shore and pier of Leith and market cross of Haddington respectively; and the said William Ramsay, trumpeter, Robert Gray and John Elder, messengers, Thomas Wallis and David Young, postmasters in Edinburgh, witnesses to my executions in Perth, Scone and Kinross with diverse others. And for the more verification to this my execution, subscribed with my hand, my signet is affixed. It is thus written below, John Blindseil, with my hand.

The which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of his majesty and whole estates of parliament, first in Latin and thereafter in Scots, and the said William Ruthven, his tutors and curators and all others having or pretending to have interest, being many times called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answered to the said summons and reasons contained therein, and he not compearing to have defended in the said matter and to have answered to the said summons, the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, desired the said estates' declaration if the reason of the said summons was relevant against the said William Ruthven; which estates, all in one voice, found the same relevant against the said William. Therefore, the said advocate of new, for verifying of the said reason contained in the said summons of treason, produced and repeated the said letter of horning executed and registered against the said William Ruthven, the whole depositions of the witnesses examined before the lords of articles, with the depositions of the said late Master Thomas Cranston and George Craigengelt, their executions to the death for the same crimes, the notoriety of the said fact of treason and whole circumstances of the said matter, and also repeated the whole other probations repeated by him of before in the said matter this instant day and desired the said estates of parliament to advise the probations foresaid led and deduced in the said matter and to pronounce their sentence of parliament therein according to the same probations and their consciences. And thereafter the whole writs and probations being read, seen and considered by the whole estates of parliament in presence of the king's majesty and they therewith being ripely advised, the said lords and estates of parliament find, decree and declare that the said late John, earl of Gowrie and Master Alexander Ruthven, his bother, committed and did open and manifest treason against our said sovereign lord in all points, articles and manner contained in the said summons; and therefore it was given for doom by the mouth of David Lindsay, dempster of parliament, in manner and form as follows: This court of parliament shows for law that the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, committed the foresaid crime of treason and lese-majesty in their lifetimes against our sovereign lord and his authorities royal in manner at length contained in the said summons, and therefore decrees and declares the name, memory and dignity of the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, to be extinguished and their arms to be cancelled and deleted out of the books of arms and nobility so that their posterity shall be unable and incapable in all time coming to hold, possess or enjoy any offices, honours, dignities, successions, possessions and all goods moveable and immoveable, rights, titles, hope of succession and others whatsoever within this realm; and all goods, lands, rents, offices, benefices, honours, dignities, hope and appearance of succession, rights, titles, possessions and other goods and gear moveable and immoveable, and others whatsoever which in any way pertained to the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, or which by any right, title, hope of succession, possession or any other manner of way might have belonged and pertained to them, to be confiscated, devolved in our sovereign lord and to appertain to his highness and in all time coming remain in property with his majesty forever. And further, his majesty and estates foresaid, in detestation of the said horrible, unnatural and vile treason attempted by the said late John, sometime earl of Gowrie and the late Master Alexander Ruthven against his highness's own life, decree, statute and ordain that the dead bodies of the said traitors shall be carried upon Monday next to the market cross of Edinburgh, and there to be hung, quartered and drawn in presence of the whole people, and thereafter the heads and quarters of their carcases to be affixed upon the most patent parts and places of the burghs of Edinburgh, Perth, Dundee and Stirling. And this I give for doom.

The which day the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, after that he had repeated and produced all his probations to the said whole estates which he would use for proving of the foresaid summons of treason, raised and pursued at the instance of our said sovereign lord and his highness's justice against the said Alexander and Harry Ruthven, sons to the late Alexander Ruthven of Freeland, Patrick Eviott and Hugh Moncreiffe, whereby they were summoned to have compeared before our said sovereign lord and his estates of parliament at a certain day bygone, with continuation of days, to have answered to the points and crimes of treason and lese-majesty contained in the said summons, of the which summons the tenor follows:

James, by the grace of God, king of Scots, gives greetings to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon and Marchmont, heralds, Robert Stewart, David Bryson, Alexander Douglas and James Chalmers, macers, Ormond, Bute, Unicorn and Carrick, pursuivants, and messengers, and whichever, jointly and severally, of our sheriffs specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses Alexander Ruthven and Henry Ruthven, legitimate sons of the late Alexander Ruthven of Freeland, Hugh Moncreiffe, brother of William Moncreiffe of that Ilk, Patrick Eviott, brother of Colin Eviott of Balhousie, as conspirators, perpetrators and concealers of the following crimes of lese-majesty, in person if you are able conveniently to have their personal presence, otherwise at their dwelling places and by public proclamation at the market crosses of our burghs of Edinburgh, Perth, Haddington and other necessary places if they stay or live outwith our realm or have no fixed abode, at the said market crosses and other necessary places on notice of sixty days, in such a way that a summons of this kind could reasonably reach their ears and notice - that they should compear before us or our justice on 4 November next in our parliament to be held at Edinburgh on 1 November following, at the time of dealing with cases, with continuation of days, in order to answer to us or our justice in the foresaid parliament, regarding the following treasonable crimes, that is to say the said persons and any of them for their treasonable art and part, plotting and aid, and their nefarious and execrable conspiracy, plotting and perpetration of the most horrendous and savage treason carried out against our most noble and sacred person and life, by the said persons and the late John, earl of Gowrie, the late Master Alexander Ruthven, his brother, the late Master Thomas Cranston and George Craigengelt, his servants, and their other accomplices in their name, and by his causation, instruction, assistance and advice, on 5 August this year, committed and perpetrated in the following fashion. For when the said late John, earl of Gowrie and the said late Master Alexander Ruthven, his brother, loaded with innumerable benefits out of our outstanding benevolence conspired, with unheard of and incredible ingratitude, with a view to our death, and the said earl had sent his late brother to Falkland to us on 5 August, so that having raised the expectation of outstanding advantage he could entice us to Perth, having acquired as travelling companions Andrew Henderson and Andrew Ruthven, who, on Alexander's orders, were to warn him most swiftly regarding our response to him, and the said late Master Alexander acted out so cunningly and in such an underhand way the part in the tragedy which he had undertaken, so that he drew us, free of any feeling of suspicion, easily to his opinion and, our accustomed band of companions having been prevented from following, brought us with him to Perth, having in the meantime sent ahead the said Andrew Henderson to warn of our approach. The earl, having ordered the said Andrew to arm himself with breastplate, helmet and sword, awaited the arrival of Andrew Ruthven, and having been informed by him that we were approaching, gave no sign by his expression or his words that he knew anything such, began to provide for us in the accustomed fashion. Eventually having been warned by Master Alexander Ruthven himself that we were at the town gate, he came out to meet us and, leading us into his house - identified for a treasonable deed - detained us a while on the pretext of a meal, until he called the said Andrew Henderson with his said late brother to the secluded bedroom, and there ordered the said Andrew to carry out seduluously whatever the said Master Alexander should order him, and suddenly returning to us invited the few of our familiars who had followed us to a meal, then when it was finished to the garden some distance away from that part of the building, with the intention that with no witnesses the said late Master Alexander who, pretending that he was willing to provide what he had promised had attracted us to the said bedroom, by knowing the name of our familiars, would be able the more safely, without any noise and with no impediment, end our life; and when the said earl, so that he might deprive us of any hope of help, spread a false rumour by the late Master Robert Cranston, his servant, regarding our sudden departure, our familiars, influenced by the earl affirming on his oath that it was true, and believing it, rushed headlong into the road so that they could follow us at top speed on horseback. In the meantime the said Master Alexander, thinking that everything had succeeded as he wished and that the time had come for perpetrating the deed, bolting many doors behind him, and leading us to the seclusion of the said bedroom, and the said Andrew Henderson, who was armed, approached, the said Master Alexander fiercely and treasonably rushed at us, and slashing with most foul and false cries, put a dagger to our throat and threatened us with imminent death. We, deprived of any companions, arms and all other human aid, and relying only on the help of the divine power, restrained - with most serious words and, if he were to desist and return to saner counsels, the promise of immunity for his treason - the fury of that most evil man, to the extent that when he said he would consult his brother as to what they should decide regarding us, and having previously extorted an oath from us that we would remain prisoner and silent until his return in the said room, he left, bolting behind him the door and closing us in, and after a very short delay returned, and declared that we had to die instantly, and when he strove treasonably to bind our hands so that might finish us off with less trouble when tied up, and we strenuously resisted, he began to draw his sword with his right hand, and with his left prevented us from speaking and obstructed our throat; we, however, strengthened by the help of Almighty God and struggling forcefully, against his will reached a window which looked on to the main square of the town, and noticing there our beloved kinsmen Ludovic, earl of Lennox and John, earl of Mar, who by chance were there, waiting for horses so that they could follow us, we called them to bring us help against the horrendous treason and imminent death. Struck by the enormity of this unexpected treason, when they heard that help needed to be brought to us to enable us to get down very quickly, so many doors having been deliberately closed by the late Master Alexander in vain, they ran forward, and undoubtedly led by the spirit of God our young familiar John Ramsay climbed in another way and entered by another door of the said bedroom which the said Andrew Henderson, astonished by the horrid nature of the crime, had recently opened in order to make his escape from there, and noticing the said late Master Alexander bearing down on us determinedly he inflicted several wounds on him with our help, and nearly drove him out of the room, when the said earl, seeing that the conspiracy had been detected by our shout, and what his brother was not able to do he rushed to complete by his own hand and by his desperate and treasonable intention. Drawing the swords he carried, he rushed from the road into the yard of his house accompanied by 100 or so armed accomplices and, in the presence of the late Master Robert Cranston, the said late earl and the said Alexander and Henry Ruthven, Hugh Moncreiffe, Patrick Eviott and other accomplices of theirs, burst straight into the bedroom in which they knew we had formerly been shut in. With no time to draw breath or for our domestics to look after anyone, they most savagely attacked the said John Ramsay, Lord Thomas Erskine and Hugh Herries, a doctor, who by chance were the only ones of our people who ran up and tried to keep the said traitors from the approach to the bedroom, and when they had been driven back with extreme force they forcibly entered the bedroom most rapaciously seeking to kill our said most loyal servants who were fighting most bravely for our safety, and almost overwhelmed them by inflicting many wounds, until when the said earl had been stabbed and the said late Master Thomas Cranston, Hugh Moncreiffe and Patrick Eviott had been wounded several times and had been driven from the bedroom, they were forced to flee to the yard. There, gathering a huge crowd of all desperate men, they blocked all the approaches to the building, and posting guards on all sides treasonably surrounded us in a siege, and brought a battering ram to smash the doors, and bringing gunpowder they asked how they could rip from its foundations, lift into the air and destroy the building we were besieged in, and treasonably kill us, our said kinsmen and other loyal subjects besieged with us by overwhelming us with fire and ruin. They threatened the cross, nooses and all most foul modes of death to all of those who were defending the building with us, and with our wounded persevered during the siege with their treasonable plan almost to death, until as the gathering of our loyal subjects to us increased, with everyone running to our aid, against their foul expectation, the conspirators were gradually forced to surrender. Thus, the said persons and any of them have committed the crime of lese-majesty against us, our royal authority and laws. Accordingly it is decided and declared by us and by the decreet of the three estates of our realm that as conspirators, traitors, executors of treason and concealers of the foresaid crimes, the said Alexander Ruthven, Henry Ruthven, his brother, Hugh Moncreiffe and Patrick Eviott and any of them respectively have committed the forementioned crimes of lese-majesty, for sight and hearing. Also for the forementioned and very many other rebellions, transgressions and treasonable crimes impiously and nefariously perpetrated by them respectively against us, our realm and our royal authority, they should present and show themselves on the said day in the said place, with continuation of days, in obedience to the law. Further, they should await and subject themselves to our justice and that of our parliament in this regard, following the laws of our realm. The said persons, conspirators, traitors and concealers of the preceding crimes respectively, and any of them, for hearing and seeing, on the basis of the foregoing, it is decided and decreed, by us and by the decreet of the three estates of our realm, that they have incurred the charge of lese-majesty. For that reason, their persons undergo the penalty of treason and the ultimate punishment prescribed by the laws of our realm, and all their goods, movable and immovable, both lands, offices and benefices, and other things relating to them or in any way capable of pertaining to them, are confiscated by us in perpetuity, and remain with us as property. Also, their descendants are unfit and unable henceforth in perpetuity to obtain and possess honours, dignities, offices, benefices, successions and all their goods, both movable and immovable in our kingdom. Further, it is intimated to the foresaid conspirators and to whomsoever of them that they must answer these charges and obey the law, whether they have compeared on the said day and in the said place, with continuation of days, or not, either we or our justice shall proceed in regard to the foregoing, in line with justice. Further, you are to cite Master John Moncrieff, advocate, Alexander Blair, younger, of Balthayock, George Hay of Netherton, Master Peter Hay, Robert Graham of Thornick, John Graham of Balgowan, John Murray of Arbanie, Andrew Hay, bailie of Perth, Alexander Peebles, William Robertson, Gilbert Richardson,William Rhind, David Rhind, John Rintoul, George Forrest, Thomas Burrell, Henry Leys of the same, and Robert Christie, janitor of the said late earl, Ludovic, duke of Lennox, John, earl of Mar, Patrick, commendator of Lindores, John Graham of Urquhill, Lord Thomas Erskine, Lord John Ramsay, Lord Hugh Herries, Sir Robert Galbraith, Sir Robert Brown, Sir James Bogg, Sir James Liddell, Sir John Bogg in the ale cellar, and Master Peter Hay, to compear before us or our justice on the said day and in the said place, with continuation of days, to demonstrate loyal testimony in the foresaid case, under pain of the law. Also, you shall hand over the said letter, duly executed and endorsed, to their bearer. Also you who have served writs in person are to be on the said day in the said place, in the presence of ourselves or our judge, bearing with you written proof of your summons in respect of the foregoing, or witnesses themselves. We give authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally. Given under testimony of our great seal, at Edinburgh on 26 August in the year of the Lord 1600, and in the thirty-fourth year of our reign.

Follows the executions of the foresaid summons upon 28 August 1600: I, John Blindseil, Islay herald, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and summons of treason to the market crosses of Edinburgh, Haddington and shore and pier of Leith respectively; and upon 30 August I passed to the market crosses of the burghs of Perth, Scone and Kinross, head burghs of the shire where Alexander and Harry Ruthven, sons to the late Alexander Ruthven of Freeland, Hugh Moncreiffe, brother to William Moncreiffe of that Ilk, and Patrick Eviott, brother [to Colin]⁶ Eviott of Balhousie, sometimes made their residence; and there, with sound of trumpet and displayed coat of arms, and by proclaiming of these our sovereign lord's letters at every one of the said market crosses and shore and pier of Leith respectively, with displayed coat of arms and sound of trumpet as said is, I lawfully and peremptorily summoned, warned and charged the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott upon 60 days' warning because some of them were suspected to be out of the country, to compear before our sovereign lord and his justice at Edinburgh upon 4 November next in the hour of cause, with continuation of days, in the parliament to be held and begun by his majesty and estates of this realm at Edinburgh, 1 November next, to answer at the instance of our said sovereign lord and his justice in the said parliament and to hear and see it be found and declared by decreet and sentence of our said sovereign lord and his estates foresaid that the said persons and every one of them have committed the crimes of treason and lese-majesty within mentioned and are art and part thereof; and therefore they, and every one of them, to be discerned by decreet foresaid to have incurred the pains of treason in their bodies, lands, possessions, goods and gear, memory and posterity, with certification as is within contained, according to the tenor of the said letters in all points; whereof I affixed authentic copies upon every one of the said market crosses and shore and pier of Leith respectively before these witnesses, William Ramsay, one of his majesty's trumpeters, William Forsyth, Robert Elder and John Gray, messengers, Thomas Wallis and William Baxter and David Young, postmasters in Edinburgh, with diverse others; and for the better verification of the premises to this my executions and endorsement, subscribed with my hand, my signet is affixed. It is thus written below, John Blindseil, Islay herald. Upon 30 August 1600, I, John Blindseil, Islay herald, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters to the dwelling house of the late John, earl of Gowrie in Perth, and to the dwelling house and chambers respectively of the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott within the said burgh of Perth, and there at the said late Earl of Gowrie, their master's dwelling house, with whom they, and every one of them, being his servants, made their ordinary residence, and likewise every one of their said dwelling houses and chambers in Perth; with sound of trumpet and displayed coat of arms, I lawfully and peremptorily summoned, warned and charged the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott at these said dwelling houses, after I had knocked six several knocks at the principal gate and door of every one of them respectively, to compear before our sovereign lord and his justice at Edinburgh upon 4 November next, in the hour of cause, with continuation of days, in the parliament to be held and begun by his majesty and estates of this realm at Edinburgh upon 1 November next, to answer at the instance of our said sovereign lord and his justice in the said parliament, and to hear and see it be found and declared by decreet and sentence of our said sovereign lord and his estates foresaid that the said persons and every one of them have committed the crimes of treason and lese-majesty within mentioned and are art and part thereof; and therefore, they, and every one of them, to be declared to have incurred the pains of treason in their bodies, lands, possessions, goods, gear, memory and posterity, with certification as is within mentioned according to the tenor of the said letters in all points; whereof I affixed an authentic copy upon every one of the said dwelling places respectively where every one of the said persons remained and for every one of them before these witnesses, William Ramsay, one of his majesty's trumpeters, John Gray and Robert Elder, messenger, Thomas Wallis and David Young, postmasters in Edinburgh, with diverse others; and for the more verification of the premises to this my execution, subscribed with my hand, my signet is affixed. It is thus written below, John Blindseil, Islay herald.

The which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of his majesty and whole estates of parliament, first in Latin and thereafter in Scots, and the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott being many times called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answered to the said summons and reason contained therein, and they nor any of them compearing to have defended in the said matter and to have answered to the said summons, the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, desired the said estates' declaration if the reason of the said summons was relevant against the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott and every one of them; which estates, all in one voice, found the same relevant against the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott and each one of them. Therefore the said advocate of new, for verifying of the said reason contained in the said summons of treason, produced and repeated the said letters of horning executed and registered against the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott, the whole depositions of the witnesses examined before the lords of articles, with the depositions of the said late Master Thomas Cranston and George Craigengelt, their execution to the death for the same crimes, the notoriety of the said fact of treason and whole circumstances of the said matter and also repeated the whole other probations repeated by him of before in the said matter this instant day, and desired the said estates of parliament to advise the probations foresaid led and deduced in the said matter and to pronounce their sentence of parliament therein according to the same probations and their consciences. And thereafter the whole writs and probations being read, seen and considered by the whole estates of parliament in presence of the king's majesty, and they therewith being ripely advised, the said lords and estates of parliament find, decree and declare that the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott, and each one of them, committed and did open and manifest treason against our said sovereign lord in all points, articles and manner contained in the said summons; and therefore it was given for doom by the mouth of David Lindsay, dempster of parliament, in manner and form as follows: This court of parliament shows for law that the said Alexander Ruthven, Harry Ruthven, his brother, sons lawful to the late Alexander Ruthven of Freeland, Hugh Moncreiffe, brother to William Moncreiffe of that Ilk, and Patrick Eviott, brother to Colin⁷Eviott of Balhousie, committed the crimes of treason and lese-majesty against our sovereign lord and his authority royal in manner at length contained in the said summons; and therefore decrees and declares their persons to underlie the pains of treason and lese-majesty and last punishment prescribed by the laws of this realm and all their goods moveable and immoveable, as well heritages as offices, benefices and others whatsoever pertaining to them, or which might in any way belong or appertain to them, to be confiscated to his majesty and to remain with his highness in property forever and their posterity to be now and in all time coming incapable and unable to hold and possess within this realm any honours, dignities, offices, benefices, successions or other goods or gear, moveable or immoveable. And this I give for doom.