[1600/11/9]¹

Judicial proceedings: witness depositions

Follows the depositions of the witnesses examined in presence of the lords of articles for proving of the said two summonses of treason:

[Ludovic Stewart], duke of Lennox, sworn and examined, testifies that upon 5 August last, this witness, for the time being in Falkland in company with his majesty, he saw Master Alexander Ruthven speaking with his grace beside the stables between 6 o'clock and 7 o'clock in the morning; and shortly thereafter his majesty, passing to the hunting of the buck and having slain one in the park of Falkland, his highness spoke to the witness desiring him to accompany his majesty to Perth to speak with [John Ruthven], earl of Gowrie; and immediately thereafter this witness sent his servant for another horse and for a sword and mounted on horse-back and followed his grace; and as this witness overtook his grace, Master Alexander Ruthven was speaking with his majesty and shortly after the witness's coming to the king his highness rode apart and spoke with this witness saying, 'You cannot guess what errand I am riding for; I am going to get a hoard in Perth and Master Alexander Ruthven has informed me that he has found a man that has a pitcher full of coined gold of great sorts'. And in the meantime his highness enquired at this witness of what humour he thought Master Alexander Ruthven to be of, who answered that he knew nothing of him but an honest discreet gentleman. And after that his highness had declared to this witness the whole circumstances of the man who had the said gold, the place where it was found, where it was kept, this witness answered, 'I like not that (sir) for that is not likely'. And they riding beside the bridge of Earn, his majesty told to this witness that Master Alexander desired him to keep that matter of the hoard close secret and to take nobody with him. And than his highness, both at that time and thereafter in Perth, within the Earl of Gowrie's hall, said to this witness, 'Pay attention when I pass with Master Alexander Ruthven and follow me'. And as his majesty was within a mile to Perth, after that Master Alexander had come a certain space with his highness, he rode away and galloped to Perth before the rest of the company towards his brother's lodging, of purpose, as the witness believes, to advertise the Earl of Gowrie of his majesty's coming there. And, as his majesty was within two pair of boot lengths to the town of Perth, the Earl of Gowrie, accompanied with diverse persons, all on foot, met his highness in the Inch and saluted him, and immediately thereafter his majesty, accompanied with this witness, [John Erskine], earl of Mar, [Patrick Leslie of Pitcairlie, commendator of] Lindores, [James Drummond, commendator of] Inchaffray, Sir Thomas Erskine [of Gogar], [John Graham], laird of Urquhill, James Erskine, William Stewart, Sir Hugh Herries, Sir John Ramsay, John Murray, John Hamilton of the Grange and John Graham of Balgowan, passed altogether in the Earl of Gowrie's hall, the said Earl of Gowrie and Master Alexander Ruthven being both present with them, and after their entry his majesty cried for a drink, which was long of coming and it was an hour next after his first coming before his majesty got his dinner. And the time that his majesty got his dessert the Earl of Gowrie came to this witness and to the Earl of Mar and remaining persons foresaid, and desired them to dine, which they did in the hall; and when they had almost dined, the Earl of Gowrie came from his majesty's chamber to the hall and called for wine and said that he was directed from his majesty's chamber to drink his toast to my lord duke and rest of the company, which he did. And immediately after the toasting cup had passed about this witness rose from table to have awaited upon his majesty, according to his former direction, and then the Earl of Gowrie said to this witness that his majesty was gone up quietly on some quiet errand. And next the said Earl of Gowrie cried for the key of his yard and passed in company with this witness to the yard, accompanied with Lindores and Sir Hugh Herries and certain others, and shortly after their being in the yard Master Thomas Cranston came down to the yard crying the king's majesty is mounted on horse-back, and riding through the Inch. And then the Earl of Gowrie cried 'Horse, horse', and the said Master Thomas Cranston answered to him 'Your horse is in Scone', which the Earl of Gowrie pretended not to hear but cried 'Yes, horse, horse'. And the witness and the Earl of Gowrie came out of the yard through the hall to the close and came to the outer gate and this witness enquired at the porter if the king was forth, who answered that he was assured that his majesty was not out of the place. Then the Earl of Gowrie said, 'I am sure he is forth; always stay my lord duke and I shall go up and get your lordship the verity and certainty thereof'. And the said Earl of Gowrie passed up and immediately came down again to the close and he affirmed to this witness that the king's majesty was forth at the back gate and away, whereupon this witness, the Earl of Gowrie and Mar and whole company passed forth at the fore-gate of the lodging and stood before the same gate upon the high-gate, and as they were standing there advising where to seek the king, at once and in this meantime this witness heard a voice and said to the Earl of Mar, 'This is the king's voice that cries! Be where he will?' and so they all looked up to the lodging. They saw his majesty looking out of the window missing his hat, his face being red and a hand gripping his cheek and mouth, and the king cried, 'I am murdered, treason, my lord Mar, help, help!' And immediately this witness, the Earl of Mar and their company ran up the stair to the gallery chamber where his majesty was to have relieved him, and as they passed up they found the door of the chamber fast, and seeing a ladder standing beside they bashed at the door with the ladder and the rungs of the ladder broke, and next they sent for hammers and notwithstanding long forcing with hammers they got not entry at the said chamber until after the Earl of Gowrie and his brother were both slain. That Robbie Brown passed about by the back door and came to his majesty and assured his highness that it was my lord duke and the Earl of Mar that were breaking down the chamber door and then the hammer was given through the hole of the door of the chamber and they within broke the doors and gave them entry. And at their first entry they saw the Earl of Gowrie lying dead in the chamber, Master Alexander Ruthven being slain and taken down the stair before their entry. And at their first entry within the said chamber where the king's majesty was, the witness saw sundry halberts and swords striking under the door of the chamber and sides thereof by reason the same was no close door, and knew none of the strikers except Alexander Ruthven, one of the defenders, who desired to speak with this witness through the door and enquired at him, 'For God's sake, my lord, tell me how my lord Gowrie does'. To whom this witness answered, 'He is well', and the said witness bade the said Alexander to go his way and that he was a fool and that he would get little thanks for that labour. And in this meantime, as they were continuing in striking with halberts under the door, big John Murray, servant to Tullibardine, was struck through the leg, and as soon as the said Alexander Ruthven had heard the said lord duke speak, he and his whole accomplices passed from the foresaid door and made no more troubling thereafter thereat and passed down to the close and stood there. And saw none of the remaining defenders present at the doing of the violent turns that day except by report but the said Alexander Ruthven, but says that he saw Hugh Moncreiffe, Harry and Alexander Ruthven and Patrick Eviott with the Earl of Gowrie at the king's dinner that day and of before, and thereafter looking over the chamber window he saw George Craigengelt and Alexander Ruthven and diverse others of the Earl of Gowrie's servants whom this witness knew not standing in arms within the close, and also saw other persons carrying a timber beam² from the town to the close of the Earl of Gowrie's lodging, and declares that there abode sundry persons within the said close and in the high street before the said earl's lodging crying and making tumult for the space of two hours and more next after the death of the said Earl of Gowrie and his brother. It is thus written below, Lennox.

[John Erskine], earl of Mar, sworn and examined, testifies according to [Ludovic Stewart], lord duke of Lennox's deposition in all things substantial, except his lordship saw not Master Alexander Ruthven in Falkland until about 10 o'clock the day libelled, shortly before the slaying of buck, and also overtook not his majesty that day until his majesty was near the bridge of Earn, and that after their dinner my lord Mar passed not to the yard in company with [John Ruthven], earl of Gowrie but passed to chamber where the king dined and saw nothing of the timber beam.

Andrew Henderson, chamberlain of Scone, sworn, testifies that he is of the age of 38 years, declares that upon Monday at night, 4 August last, this witness being after supper in company with [John Ruthven], earl of Gowrie and Master Alexander Ruthven within my lord's own chamber, the Earl of Gowrie enquired at this witness what he had to do tomorrow, to whom this witness answered that he had to ride to Ruthven to speak with the tenants. Then the Earl of Gowrie answered, 'Delay that journey. You must ride to Falkland in company with my brother, Master Alexander, and take Andrew Ruthven with you, and that you be ready to ride by 4 o'clock in the morning and haste you back with answer as my brother directs you, by writing or otherwise, and let Andrew Ruthven remain with my brother'. And the morning after, 4 o'clock in the morning, they rode all three together to Falkland, and coming to Falkland they dismounted at John Balfour's house, and seeing that Colonel Edmond was there they lodged in one Law's house and the master sent this witness about 7 o'clock in the morning to see what the king's majesty was doing. And as he was within the palace he saw the king's majesty coming forth the mid-close, booted, and then he returned back again to the master and said to him, 'Haste you, the king's majesty is coming forth'. And immediately the master followed his majesty and spoke with his majesty opposite the royal stables and the king laid his hand on his shoulder and clapped him, where they spoke together by the space of a quarter of an hour. And thereafter the master directed this witness to ride to Perth in haste as he lost the Lord Gowrie's honour and his, and advertise his lordship that his majesty will be there with a few number immediately and cause make his dinner ready. Then this witness answered, 'Shall I ride presently?' The master answered 'No, but stay a while and follow the king and me until I speak with his majesty again'. And as his majesty was riding through the gap of the park wall, the master spoke to his majesty and immediately thereafter the master bade this witness to pass to Perth with all possible diligence according to his former direction. And at this witness's coming to Perth, which was shortly after 10 o'clock in the morning, he entered in the Lord Gowrie's chamber where he saw his lord speak with George Hay and Master Peter Hay, and as soon as my lord Gowrie saw this witness he came aside to this witness and enquired secretly what word he had brought from his brother and if he had brought a letter. This witness answered that he had brought no letter. 'What answer' (then said he) 'have you to me?' This witness answered then the master, his brother, bade tell his lordship that the king's majesty would be there at once and bade haste his dinner. Then the earl desired this witness to follow his lordship to the cabinet and enquired at him how his majesty had taken with his brother. He answered that he was well taken with and when he did his courtesy the king laid his hand upon his shoulder. The earl enquired what number of persons was with the king at the hunting, who answered that he knew not well but that there were sundry of his own with him and some Englishmen, and then the earl enquired what noblemen were with him: he answered, 'None but my lord duke'. And thereafter this witness passed to his own house in the town and took off his boots and returned to the earl within an hour, and as soon as the earl saw him in his chamber he called upon this witness and bade him put on his secret³ and plate sleeves.⁴ The witness enquired 'To what effect?' The earl answered, 'I have a highland man to take in the Shoegate'. And then this witness passed to his own house and put on his secret and plate sleeves, came back again to the Earl of Gowrie's house and about quarter to one the earl command this witness, 'Take up my dinner'. And this witness passed and took up the first service by reason George Craigengelt was sick. And at once the said earl passed to his dinner accompanied with Master John Moncrieff, laird of Pittencrieff, Master James Drummond and Alexander Peebles, baron of Findowie, and shortly after the first service was set down, my lord sitting at the table with the foresaid company, Andrew Ruthven came in from the master and rounded to the earl but heard not what he said. And shortly thereafter this witness, passing down to take up the second service, Master Alexander Ruthven and William Blair came in to the hall, my lord sitting at his dinner. And as soon as my lord saw them, he and his whole company rose from the table and then this witness, hearing my lord on foot, bade this witness send for his steel bonnet and gauntlet, believing that my lord was going to take the said highland man. And as the witness perceived my lord passing to the Inch, and not to the Shoegate, he sent home his steel bonnet and cast his gauntlet in the [...]⁵ pantry, and thereafter followed the earl to the Inch, where he saw the said earl meet his majesty, [Ludovic Stewart], duke [of Lennox] and [John Erskine], earl of Mar and come in altogether to the earl's house. And after his majesty had come to the earl's lodging, the Master of Ruthven enquired at this witness where the key of the gallery chamber was; who answered that he handled not the said key since the earl came in Scotland. Then the master bade this witness speak to Master William Rhind to give to him the said key, and the master passed up towards the gallery, Master William Rhind followed him and gave to him the said key and thereafter, immediately after his majesty's sitting down to his dinner, Master Thomas Cranston came to this witness and bade him go to the Earl of Gowrie, which this witness did. And the Earl of Gowrie in the outer chamber, where the king dined, spoke to this witness secretly and bade⁶ him pass up to the gallery to his brother. So he passed up and the earl followed him and they being all three together in the gallery chamber, whereof he had the key from Master William Rhind, the earl said to this witness, 'Stay still with my brother and do anything he bids you'. Then this witness turned to the master and enquired, 'What will you do with me, sir?' Then the master spoke to my lord, 'Let Andrew Henryson go in to the round of the chamber and I will lock him in and take the key with me', where this witness abided half an hour or thereby, locked by himself, having his secret, plate sleeves, sword and dagger with him and lacking his steel bonnet. And all this time this witness, fearing some evil to be done, sat upon his knees and prayed to God. And about the end of the half hour Master Alexander opened the door of the round and entered first within the same, having the king's majesty by the arm, and put on his hat on his head, drew forth this Andrew Henderson, witness, his dagger and said to the king, having the drawn dagger in his hand, 'Sir, you may be my prisoner, remember on my father's death'. And as he held the dagger to his majesty's breast this witness threw the same out of Master Alexander's hands and the time that the master held the dagger to his majesty's breast the king was beginning to speak. The master said, 'Hold your tongue, sir, or by Christ you shall die'. Then his majesty answered, 'Master Alexander, you and I were very great together and as touching your father's death, man, I was but a minor; my council might have done anything they pleased. And further, man, albeit you deprive me of my life you will not be king of Scotland, for I have both sons and daughters and there are men [in] this town and friends that will not leave it unrevenged'. Then Master Alexander answered, swearing with a great oath that it was neither his life nor blood that he craved. And the king said, 'What does it matter, albeit you take off your hat'. And then Master Alexander took off his hat and the king said 'What is it you crave man, and you crave not my life?'; who answered, 'Sir, it is but a promise'. The king answered, 'What promise?' The said Master Alexander answered, 'Sir, my lord my brother will tell you'. The king said 'Fetch hither your brother,' and next the said Master Alexander said to the king, 'Sir, you will not cry nor open the window until I come again', and the king promised so to do. Then Master Alexander passed forth and locked the door of the round and passed not from the door as he believes. In the meantime, the king entered in conference with this witness: 'How came you in here man?' And this witness answered, 'As God lives I am shut in here in the same way as a dog'. His majesty answered, 'Will my lord Gowrie do me any evil man?' This witness answered, 'I vow to God, sir, I shall die first'. And then the king bade this witness open the window, and he opened the window that looked to the Spey tower. The king answered, 'Fie, the wrong window man', and thereafter this witness passed to the other window nearest his majesty, to open the same. Before he got to the window Master Alexander opened the door and came in again and said to his majesty, 'By God, sir, there is no remedy', and then he rushed to the king and got him by both the hands, having a garter in his hands. Then the king answered, 'I am a free prince man, I will not be bound'. So his majesty cast loose his left hand from Master Alexander and at that same time this witness drew away the garter from Master Alexander, and his majesty leapt free from the said Master Alexander, and the said Master Alexander followed his majesty and, with his left hand about his majesty's neck, put his right fist in his majesty's mouth, so his majesty struggled to be free from him. This witness put his hand out of his majesty's mouth and thereafter the witness put his left hand over his majesty's left shoulder and pulled up the board of the window to which the said Master Alexander had thrust his majesty's head and shoulders and with the force of the drawing up of the window it pressed his majesty's body about his right side to the window, at the which time his majesty cried forth, 'Treason treason!' So the master said to this witness, 'Is there no help with thee? Woe worth thee, thou will cause us all die?' So trembling the master put his hand on the guard of his own sword and immediately the king's majesty put his hand on the master's hands and prevented him from drawing of his sword. And this way, they both being clasped together, came out of the cabinet to the chamber. And in the meantime this witness threw about the key then standing in the door of the head of the turnpike which entered to the chamber and opened the door thereof to eschew himself and to let his majesty's servants in. And as soon as he opened the door, John Ramsay came in at the same door with a hawk in his hand and passed to the king's majesty and went about him and drew his dagger, and as he saw him take aim with the dagger this witness passed forth at the said door and passed down the turnpike. It is thus written below, Henderson. And as the witness passed through the close and came to the fore-gate, the witness saw the Earl of Gowrie standing before the gate accompanied with diverse persons, of whom he remembers none, but remembers well that the Earl had this witness's knapscall⁷ on his head and two swords drawn in his hand. And immediately thereafter the witness passed to his own lodging, where he remained until the king passed out of the town, and then the witness passed to the bridge and walked up and down by the space of an hour and returned not again to the earl's lodging that night. And the time of his entry to his house that night this witness's wife enquired at this witness what trouble was within the place, to whom he answered, 'Well is me of one thing, that if I had not been there the king had been twice stabbed this night, but woe is me for the thing that is fallen out'. And this witness, being demanded by Master John Moncrieff after his returning from Falkland, 'Where have you been with your boots on?', answered he had been two or three miles beyond Earn and dared not tell him the verity by reason the Earl of Gowrie had discharged him to tell the errand he send him to anybody. And further, this witness declares that when he saw the Earl of Gowrie standing with his drawn swords before the gate, this witness spoke not to the earl, neither yet the earl to him at that time, but he passed to his own house. It is thus written below, Andrew Henderson.

[James Drummond], abbot of Inchaffray, sworn and examined, testifies that upon 5 August last, this witness being in Falkland, about 7 o'clock in the morning he met Master Alexander Ruthven accompanied with Andrew Ruthven and at that time only saluted the said Master Alexander, without any conference further at that time. And at that time he saw the said Master Alexander enter in conference with his majesty upon the green, between the stables and the park, which conference enduring for the space of a quarter of an hour, and the said Master Alexander accompanied his majesty until they came to the meadow. And at his returning from his majesty, this witness desired Master Alexander to breakfast with him by reason his own could not be so soon prepared, to whom Master Alexander answered he might not delay by reason his majesty had commanded him to await upon him. And as this witness passed to Falkland, leaving Master Alexander behind him, he met his horse with his man coming from Falkland to him. And then this witness, after he had breakfasted in Falkland, he took his journey the high way to Inchaffray, and the witness being but a mile north of Strathmiglo, his majesty, accompanied with [Ludovic Stewart], my lord duke [of Lennox], [Patrick Leslie of Pitcairlie, commendator of] Lindores, [John Graham], laird of Urquhill, John Hamilton of the Grange, Finlay Taylor and Master Alexander Ruthven, came by this witness riding the high way to Perth. Then immediately this witness mounted on horseback and accompanied his majesty to Perth where he saw [John Ruthven], earl of Gowrie meet his majesty in the Inch and passed in company with his majesty and his noblemen and servants to the Earl of Gowrie's lodging where they dined altogether. And after dinner, this witness being in the chamber at the north end of the hall, word passed through the hall that his majesty was passed away and riding towards Falkland. And then this witness, in company with [John Erskine, earl of] Mar and remainder present for the time, passed to the close and from that to the high street; and the Earl of Gowrie being present with them desired them to stay until he returned and advertised them of the verity thereof. And immediately the Earl of Gowrie passed up the stair and returned back and certified the witness and his colleagues of his majesty's departure. Then the lord duke, this witness and remainder cried for their horses to follow the king, then, as they were standing upon the high street, they heard a cry and a voice and the duke first declared, 'I am assured that is his majesty's voice, be where he will himself?' And immediately thereafter this witness saw his majesty looking out at a window of the round, lacking his hat and his face red, crying, 'Fie, help, my lord Mar, treason, treason! I am murdered'. And at that same instant by his judgement his majesty was pulled violently in at the same window and immediately thereafter this witness passed in haste up with the Earl of Mar and my lord duke to the chamber within the gallery where he saw, heard and did in all things according to the duke's deposition. It is thus written below, Inchaffray.

[Patrick Leslie of Pitcairlie], abbot of Lindores, sworn and examined, testifies according to the lord duke of Lennox in all things, adding that after dinner when word was of his majesty's departure towards Falkland and that they had altogether come down to the porter and had enquired at him if the king's majesty was gone forth, the porter answered he was not passed forth and [John Ruthven], earl of Gowrie affirmed that he was passed forth at the back gate. And the porter said to the Earl of Gowrie, 'That cannot be, my lord, because I have the key of the back gate'. And after that his majesty had cried out of the window of the round, 'Treason, treason!', and this witness saw James Erskine immediately lay hands upon the Earl of Gowrie upon the high street and immediately Sir Thomas Erskine [of Gogar] gripped the Earl of Gowrie, 'Fie, traitor, this is your deed, thou shall die'. Then the Earl of Gowrie answered, 'I know nothing in the matter'. Then instantly the Earl of Gowrie's men surrounded the said Sir Thomas Erskine and James Erskine from the Earl of Gowrie, who at once ran the space of half a pair of boot lengths from them towards [Duncan Campbell of] Glenorchy's house and drew forth his two swords and cried, 'I will either be at my own house or die by the gate'. And immediately thereafter the said earl, accompanied with 30 persons or thereby, passed within the said place where his majesty was for the time and shortly thereafter the witness, as appeared to him, saw a multitude of people carrying a timber beam towards the place. It is thus written below, Lindores.

Sir Thomas Erskine [of Gogar], of the age of 36 years, sworn, testifies according to [James Drummond], lord Inchaffray and [Patrick Leslie], lord Lindores, adding that immediately after this witness heard his majesty cry out of the window of the round, 'Fie, help, I am betrayed, they are murdering me', he ran with diligence towards the place to have helped his majesty. And before his entry, seeing [John Ruthven], earl of Gowrie, this witness and his brother gripped him by the neck and said to him, 'Traitor, this is your deed'. Which earl answered, 'What is the matter? I know nothing'. Immediately the earl's servants severed him from this witness and his brother and then this witness entered within the close. He assembled with Sir Hugh Herries, who demanded of the witness what the matter meant; and in the meantime the witness heard Sir John Ramsay crying out at the turnpike head, 'Fie, Sir Thomas, come up this turnpike directly to the head'. And as this witness had passed up five steps of the turnpike he saw and met with Master Alexander Ruthven, bloodied in two parts of his body, namely, in his face and in his neck. And immediately this witness cried to Sir Hugh Herries and others that were with him, 'Fie, this is the traitor, strike him'. And immediately he was struck by them and fell and as he was fallen he turned his face and cried, 'Alas, I had no wit of it', this witness being standing above him in the turnpike. Thereafter, this witness passed to the head of the turnpike and entered within the chamber at the end of the gallery where the king and Sir John Ramsay were there alone present. And at the first meeting, this witness said to his majesty, 'I thought your majesty would have accredited more to me than to have commanded me to await your majesty at the door if you thought it not fit to have taken me with you'. Whereupon his majesty answered to the witness, 'Alas, the traitor deceived me in that as he did in the leave, for I commanded him expressly to bring you to me, which he promised to me to do, and returned back as I thought to fetch you, but he did nothing but shut the door'. Shortly thereafter Sir Hugh Herries followed this witness in to the chamber and George Wilson, servant to James Erskine, and immediately thereafter Master Thomas Cranston, with his sword drawn in his hand, entered within the said chamber and the Earl of Gowrie followed him within the same chamber with a drawn sword in every one of his hands and a knapscall on his head, who struck at this witness and his colleagues a certain space, likewise they defended them and struck again. And that same time the said witness was hurt in the right hand by Master Thomas Cranston. And this witness heard my lord Gowrie speak some words at his entry but understands them not. And lastly, Sir John Ramsay gave the Earl of Gowrie a deadly strike and then the earl leant him to his sword and the witness saw a man hold him up, whom he knew not, and as soon as the earl fell to the ground Master Thomas Cranston and the remainder who accompanied him departed and passed down the turnpike. And the witness remembers that at that time there were more persons in the chamber with the Earl of Gowrie by Master Thomas Cranston but knew none of them, except he believes that a black man that was there in company within the chamber was Hugh Moncreiffe, brother to [William Moncreiffe], laird of Moncreiffe, but the witness knows not well whether or not it was Hugh Moncreiffe. It is thus written below, Sir Thomas Erskine.

Sir John Ramsay, of the age of 23 years or thereby, sworn, testifies that immediately after he had dined the day libelled in [John Ruthven], earl of Gowrie's house, he took his majesty's hawk from John Murray to the effect the said John might have dined. And the witness, missing his majesty and assembling with [John Moncrieff], laird of Pittencrieff in the Earl of Gowrie's hall, and demanding of Pittencrieff where his majesty was, the said laird first convoyed the witness to the chamber where his majesty dined, thereafter to the yard, hoping that his majesty had been there. And missing his majesty in the yard, the said laird convoyed the witness up to a fair gallery where this witness was never before, where, having remained a certain space beholding the gallery, they came both down to the close where they met with Master Thomas Cranston in the middle of the close, who said to them that his majesty was away upon horseback at the Inch. Whereupon this witness and Pittencrieff separated and the witness passed out of the gate to his stable to have got his horse. And being standing at the stable door, he heard his majesty cry, knew his highness's voice but understood not what he spoke. Whereupon he immediately came within the close and finding a turnpike door open he entered within the same and ran up the turnpike until he came to the door upon the head thereof, and hearing a struggle and din of men's feet he ran with his whole force at the door of the turnpike head, which enters to the chamber at the end of the gallery. The witness having in the meantime his hawk on his hand and having battered down the door, he saw his majesty and Master Alexander Ruthven in each other's arms, struggling and wrestling together, his majesty having Master Alexander's head under his arm and Master Alexander, being almost on his knees, had his hand upon his majesty's face and mouth. And his majesty, seeing⁸ the witness said, 'Fie, strike him low because he has a secret doublet upon him', whereupon the witness cast the hawk from him and drew his dagger wherewith he struck the said Master Alexander. And immediately after he was struck his majesty thrust him down the stair whereat this witness had entered. Thereafter this witness proceeded to a window and looking out thereat and seeing Sir Thomas Erskine [of Gogar], the witness, cried, 'Sir Thomas, come up this turnpike directly to the head'. In the meantime his majesty put his foot upon the hawk's leash and held her a long time until the witness came and took her up again. And then Sir Thomas Erskine entered, and in the rest testifies according to Sir Thomas Erskine in all points. And further says that when this witness entered first within the chamber he saw a man standing behind his majesty's back whom he in no way knew nor remembers not what apparelling he had on, but after that this witness had struck Master Alexander he saw that man no more. It is thus written below, Sir John Ramsay.

John Graham of Urquhill, sworn and examined, testifies according to [Ludovic Stewart], lord duke of Lennox and [John Erskine], earl of Mar in all things providing the same source of knowledge, adding that this witness, the time that he was at dinner in the hall with my lord duke and Earl of Mar, he saw the king and Master Alexander Ruthven pass through the hall, up the turnpike towards the gallery, and as this witness, John Hamilton and others were following, Master Alexander cried, 'Back gentlemen, stay, for so it is his highness's will'.

John Graham of Balgowan, of the age of 50 years or thereby, married, testifies according to [Ludovic Stewart], lord duke [of Lennox] in all things, adding that this witness, the day libelled, after the death of [John Ruthven], earl of Gowrie and his brother and hearing his majesty report that Master Alexander pressed to have bound his highness's hands with a garter, this witness found a garter at the side of the round door among the coarse grass. And immediately thereafter this witness presented the same garter to his highness and at the sight thereof his majesty said that the same was the garter wherewith Master Alexander pressed to have bound his hands. And then Sir Thomas Erskine [of Gogar] grabbed the same garter and said that he would keep it, which he has yet in keeping. It is thus written below, J. Graham of Balgowan.

I, Master John Moncrieff, testifies as follows after: namely, that day I was still present with [John Ruthven], my lord Gowrie to the time I heard his majesty cry 'Treason!' and saw him put his arm forth at the window of the round, and then left him, for I conceived in my heart that it was a plain treason conspired against his majesty and was induced hereto in respect of the presumptions following: First, I saw the king's majesty and the late Master Alexander Ruthven, my lord's brother, go forth at the hall door alone, whereas his majesty had no weapons and Master Alexander had a sword. Next, I saw his majesty come in quiet and sober manner to the town, through which apparently he would have no evil purpose in his mind. Item, the said Master Alexander riding to Falkland in the morning was obscured from me and my brother Hugh, where he was, and I having enquired of my brother Hugh where he was riding to he knew nothing thereof, so that neither he nor I could get trial of the same. Item, I, having enquired at Andrew Henderson himself, who rode to Falkland with the master and returned two hours before him deceived me and answered that he had been two or three miles above the town, and also the said Andrew had another doublet on him than he used commonly and was more buxom, and, as appeared, might have contained a secret. Item, that day being the council day of the town, my lord excused himself in respect of his affairs. Item, I, having pressed him to subscribe a confirmation of a lady, first refused in respect foresaid, always passed it thereafter. Item, my lord delayed longer from his dinner than he used and albeit Andrew Ruthven who was with the master came and rounded to my lord at the table, he pretended to be unaware of all things to the time the said Master Alexander came himself, and then rose from the table and met his majesty. Item, my lord obscured altogether that he knew the coming of any man until the master came. Item, Master Thomas Cranston was the first that I heard cry, 'The king's majesty is away'. Item, after [Ludovic Stewart], my lord duke [of Lennox] and [John Erskine], my lord Mar and his majesty's servants were in the close, my lord Gowrie came back again to the hall saying the king was away, so that, as I thought, he would have each man thinking so; and I thought his majesty was not received with that sincere entertainment as became. Item, after his majesty's riding away, my brother Hugh came to my house and I enquiring of him what he thought of these matters, answered before God so far as I can perceive, 'I believe it shall become evident to be a plain treason on my lord's part'. And I enquiring at him if he knew anything thereof, answered he knew nothing but he and Harry Ruthven, after all things were ended, fell in conference regarding this and he thought things were likely. Lastly, Andrew Henderson's letter moves me most of all, and upon my salvation and condemnation I know no further in this matter nor yet can remember of any other circumstance or presumption might have induced me to conceive the former treason which I apprehended in manner foresaid. It is thus written below, Master John Moncrieff.

⁹I, Andrew Ray,¹⁰ one of the bailies of the burgh of Perth, by this deposition testify upon my conscience and in the sight of God as I shall answer to him in the great day, that upon 5 August 1600, I, being in the late [John Ruthven], earl of Gowrie's lodging when his majesty was there, saw his majesty after his dinner, accompanied with [Alexander Ruthven], master of Gowrie, rise from the table and go out of the chamber where he had dined, but to what place I know not, being beholding the said late Earl of Gowrie's entertainment of the noblemen in drinking of his majesty's health to them, which his majesty before his rising from the table had commanded him to do. And that after that the lords, namely [Ludovic Stewart], my lord duke [of Lennox], [John Erskine], my lord Mar, [Patrick Leslie], lord Lindores and [James Drummond], lord Inchaffray, with sundry of his majesty's gentlemen and servants, accompanied with the Earl of Gowrie in person, a short space after dinner had missed his majesty and enquired where he should be. They went to the fore-gate and enquired at the porter if he saw the king go forth at the fore-gate and heard the porter answer that his majesty was not gone forth that way. Also that the Earl of Gowrie said to the porter, 'You lie, knave, he is forth'. And the porter replied that he should give his head in case his majesty were forth. Yet upon the Earl of Gowrie's assurance that his majesty was forth to the Inch, the lords rushed out in haste at the fore-gate and enquiring where the king was, I, being with them, I saw one force up the long mullioned window in the north side of the turret upon the high gate, but who forced it up I know not. And further saw clearly his majesty, bare-headed, thrust forth his head and arm at the foresaid window and heard his majesty crying loudly, 'Fie, treason, treason, and murder, help Earl of Mar!' Whereupon I, being very aghast and wonderfully astonished at that cruel and terrible sight and pitiful and woeful cry, I not knowing what the matter meant but perceiving his majesty in extreme and great danger, ran with all possible diligence through the streets, crying loudly, 'Fie, treason, treason against the king, for God's sake all honest men haste and relieve the king!', and commanded to ring the common bell that all men might come in haste to his majesty's relief. And then I returned with all possible diligence with a great number of the people with me and came afore the foresaid turret and window where I saw his majesty first cry out. And than I cried out, 'How is the king?' But my lord duke and my lord Mar answered, 'The king is well (praise be God)'. Then I cried again up to his majesty and showed his majesty that the bailies and township had come there in all haste to supply and relieve his majesty and therefore besought his majesty to command what was his majesty's will and best to be done. And then his majesty beckoned forth his hand to me and to the people, commanding me to cause the people to retire to their lodging, which commandment I at once obeyed and commanded all manner of men to retire themselves to their lodgings, and likewise passed to the market cross and by open proclamation commanded in his highness's name that all men should retire to their lodgings under the pain of treason; who obeyed immediately after my charge. And this I testify to be of verity by the faith and truth of my body so far as I justly can remember. I, witness of the which, I have subscribed this deposition with my hand at Perth, 13 October 1600, before these witnesses: Master Patrick Galloway, minister to his majesty, James Drummond of Letchill, Oliver Young, Constantine Mallice, Thomas Johnstone, bailies, Henry Elder, clerk, Robert Anderson, Andrew Arnott and William Jack, burgesses of Perth. It is thus written below, Andrew Ray, bailie, with my hand, Master Patrick Galloway, witness, James Drummond, witness, Oliver Young, bailie, witness, Thomas Johnstone, bailie, witness, Robert Anderson, witness, Andrew Arnott, witness, William Jack, witness, Henry Elder, scribe, witness.

Robert Christie, porter to the late John [Ruthven], earl of Gowrie, of the age of 30 years, single, testifies that he was porter to the Earl of Gowrie on 5 August libelled, likewise he was by the space of five weeks of before. And shortly after the dinner this witness saw [Ludovic Stewart], my lord duke [of Lennox], [John Erskine], earl of Mar and the Earl of Gowrie come to the close and my lord duke enquired at this witness if his majesty was passed out of the close. The witness answered that he was not forth. Then the Lord Mar said, 'Friend, tell me the verity if his majesty be forth or not'. And he answered, 'In truth he is not forth'. The Earl of Gowrie, looking with an angry countenance, said, 'Thou lied, he is forth at the back gate and through the Inch'. Then this witness answered, 'That cannot be, my lord, for I have the key of the back gate and of all the gates of the place'. Thereafter this witness heard and saw his majesty looking out of the window of the round and crying, 'Treason, treason, fie, help, help, my lord Mar!' And at once my lord duke and Earl of Mar and others ran up the great turnpike to the gallery and thereafter the Lord Gowrie came from the high street within the close having a steel bonnet on his head and a drawn sword in each hand, accompanied with Alexander and Harry Ruthven, Patrick Eviott and Hugh Moncreiffe and Master Thomas Cranston, all having drawn swords in their hands, and passed altogether with my lord up the old turnpike, but what was done within the house and place thereafter knows not but by report. Neither saw he any timber beam brought to the place by any of the town and knows no more in the matter. It is thus written below, Robert Christie.

Alexander Blair, younger, of Balthayock, sworn and examined, testifies according to that immediately preceding except that he saw not [John Ruthven], my lord Gowrie pass with his company and drawn swords up the turnpike but saw Alexander and Harry Ruthven and Hugh Moncreiffe come down the little turnpike where they and my lord had ascended, the said three persons having drawn swords in their hands, but saw not Patrick Eviott there. And this witness says that after the tumult was risen and this witness pressed to enter within the place he was a little prevented by them in the place but they yielded together and the witness got entry. Likewise he saw a timber beam brought in from the town and set up at the wall of the close but who brought the same in he knows not. It is thus written below, A. Blair, apparent heir of Balthayock.

George Hay, prior of Charterhouse, of the age of 28 years or thereby, married, testifies according to [Ludovic Stewart], lord duke of Lennox in all things after his majesty's entry in Perth the day libelled, adding that that same day, the witness having concerns in Perth with [John Ruthven], earl of Gowrie and speaking with him in his own place, he saw Andrew Henderson come in booted from Falkland and heard the said Lord Gowrie enquire of the said Andrew who was with his majesty in Falkland. And thereafter the said earl took the said Andrew Henderson to the cabinet and after a certain space the earl, coming to the chamber, he gave this witness his dispatch saying that he had to do that day and might not await on his errand and bade him come any other day.

Master Peter Hay, of the age of 30 years or thereby, married, testifies according to George Hay in all things the witness immediately preceding.

Robert Graham of Thornick, sworn and examined, testifies according to [Ludovic Stewart], duke of Lennox after that his majesty entered in Perth.

Oliver Young, bailie in Perth, sworn and examined, testifies that the day libelled this witness was in [John Ruthven], earl of Gowrie's lodging where he saw the king dine and after dinner saw the king's majesty and Master Alexander Ruthven pass alone through the hall and up the turnpike. And immediately thereafter this witness passed to his own lodging in the town where he abided until the cry and tumult rose. And immediately this witness ran to the place libelled, his majesty cried out at the window and commanded this witness by name to prevent the tumult of the people. The which this witness obeyed and did and saw Hugh Moncreiffe coming out of the place with his face being bloody, and Harry Ruthven, one of the defenders, at the mouth of the Wattergait with a drawn sword in his hand and knows no more in the matter.

James Drummond of Pitcairn, sworn and examined, testifies according to that immediately preceding in all things, adding that as this witness, immediately after the cry rose, coming to the place libelled, he met upon the high street Alexander Ruthven, one of the defenders, having a drawn sword in his hand and crying 'Fire and powder', and knows no more in the matter.

William Rhind, butcher in Perth, of the age of 30 years or thereby, married, testifies that he saw within the close of Perth, after the affray rose, Patrick Eviott and Hugh Moncreiffe, both bleeding, having drawn swords in their hands.

Henry Leys, burgess of Perth, sworn and examined, testifies according to James Drummond and William Rhind, but he saw not Patrick Eviott there.

George Wilson, servant to James Erskine, of the age of 24 years or thereby, single, testifies according to Sir Thomas Erskine [of Gogar] in all things, by reason this witness was in company with the said Sir Thomas after the first time that he and James Erskine, his brother, had gripped [John Ruthven], earl of Gowrie and was separated from him by his servants. And immediately thereafter this witness accompanied the said Sir Thomas Erskine up to the turnpike into the chamber where his majesty was, where he saw as the said Sir Thomas has testified in all things.¹¹

David Rhind, butcher in Perth, sworn and examined, testifies according to James Drummond and heard Alexander Ruthven cry for powder but saw not Patrick Eviott.

Gilbert Richardson in Perth, of the age of 24 years or thereby, single, testifies according to James Drummond in all things and David Rhind.

John Murray of Arbany, of the age of 58 years or thereby, married, testifies the day libelled the witness came to Perth after dinner where he heard his majesty crying out at the window of the round, 'Fie, treason, my lord Mar, help!' Immediately thereafter [John Erskine], my lord Mar and [Ludovic Stewart], duke [of Lennox] ran up the broad turnpike and the witness followed them in the close where he saw [John Ruthven], lord Gowrie, having a steel bonnet on his head and two drawn swords, one in each hand, and saw the said earl pass up the turnpike accompanied with certain of his servants, having drawn swords in their hands, of whom he knew none.¹²

¹³Thomas Burrell, burgess of Perth, sworn and examined, testifies according to James Drummond, adding that the time of the affray this witness, entering within the close of the place libelled, he saw standing in the close with drawn swords in their hands Alexander and Harry Ruthven and Hugh Moncreiffe, bleeding in his face. And at that same time this witness saw Master Thomas Cranston come down the black turnpike and he took out of his hand his sword and heard the said Alexander Ruthven cry for fire and powder, and saw not Patrick Eviott there.

Alexander¹⁴ George Forrest, tailor in Perth, of the age of 40 years or thereby, married, testifies the day libelled he saw George Craigengelt and Walter Cruickshank, lackey, standing in the yard with drawn swords.

William Robertson, notary in Perth, of the age of 34 years or thereby, married, testifies the day libelled, this witness being within the close of the place libelled, he saw [John Ruthven], lord Gowrie standing in the close accompanied with seven or eight persons of whom he knew none, the said earl then having a steel bonnet on his head and a drawn sword in each hand, at the which sight this witness, being afraid, passed out of the place and knows no more in the matter.

Robert Galbraith, servant to the king's majesty, of the age of 30 years, testifies according to [Ludovic Stewart], lord duke of Lennox in all things by reason this witness all that day was in company with his majesty, and after that his majesty had cried out at the window, 'Treason!', this witness followed the duke and [John Erskine], earl of Mar up the turnpike and testifies as they have testified.

Robert Brown, servant to the king's majesty, testifies according to that immediately preceding in all points because this witness the time libelled accompanied John Hamilton to fetch the hammers up to the gallery. And this witness passed up the little black turnpike and at his first entry within the chamber he saw [John Ruthven], earl of Gowrie lying dead, there being at that time in company with his majesty Sir Thomas Erskine [of Gogar], Sir Hugh Herries, Sir John Ramsay and George Wilson.

James Bogg, porter to his majesty, sworn and examined, testifies that he saw the king's majesty and Master Alexander Ruthven pass through the hall to the chamber and saw that day George Craigengelt with a drawn sword in his hand, accompanied with certain rascals, and in all other things testifies according to [Ludovic Stewart], lord duke [of Lennox] and [John Erskine], earl of Mar in all things.

John Bogg, servant to the king's majesty in the ale cellar, sworn and examined, testifies according to James Bogg.

Alexander Peebles, burgess of Perth, of the age of 30 years or thereby, married, testifies the day libelled, this witness being within his own house opposite [John Ruthven], earl of Gowrie's lodging, as soon as his mother heard the common bell ring she locked the door and held him in all the time. And saw at that time the Earl of Gowrie enter in at the gate with two drawn swords, one in each hand, and a lackey put a steel bonnet on his head. And a certain space thereafter the witness saw Hugh Moncreiffe come out of the place with a bloody head and Patrick Eviott's man likewise bleeding. And also saw Patrick Eviott come out of the gate but remembers not if he had a sword in his hand, and saw Alexander Ruthven also come forth with a sword drawn in his hand. It is thus written below, Alexander Peebles.