demned by the letter of the law, it would please you to let the queen know that I crave her mercy. I know I have offended her, yet if it please her to be merciful unto me, I may live, and by my service deserve my life. I have been brought up under her majesty, I have spent the best part of my patrimony in her majesty's service with danger of my life, as your lordships know; if there were any that could challenge me, that I have ever heretofore committed or intended Treason, or any other thing prejudicial to her majesty or estate, God let me never inherit his kingdom, neither would I desire mercy: but since the law hath cast me, I do submit myself to death, and yet I will not despair of her majesty's mercy; for that I know she is merciful, and if she please to extend it, I shall with all humility receive it. L. Steward. My lord of Essex, the queen's majesty hath bestowed many favours on your predecessors and yourself; I would wish therefore that you likewise would submit yourself to her majesty's mercy, acknowledging your of fences, and reconciling yourself inwardly to her majesty, by laying open all matters that were intended to prejudice her majesty, and the actors thereof; and thereby no doubt you shall find her majesty merciful. Esser. My lord, you have made an honourable motion; do but send to me at the time of my death, and you shall see how penitent and humble I will be towards her majesty, both in acknowledging her exceeding favours to my ancestors, and to myself: whereby I doubt not but the penitent suffering of my death, and sprinkling of my blood, will quench the evilconceited thoughts of her majesty against me. And I do most humbly desire her majesty, that my death may put a period to my offences committed, and be no more remembered by her highness. If I had ever perceived any of my followers to have barboured an evil thought against her majesty, I would have been the first that should have punished the same, in being his executioner; and therefore I beseech you, my good lord, mistake me not, nor think me so proud, that I will not crave her majesty's mercy, for I protest (kneeling upon the very knee of my heart) I do crave her majesty's mercy with all humility: yet I had rather die than live in misery. Then the Lord High Steward, after a few exhortations unto the earls to prepare themselves for God, told them, Seeing the law had found them guilty, it followed of course that he must proceed to Judgment. The earl of Essex replied very cheerfully, and said; Yea, my lord, with a very good will I pray you go on. Then the Lord High Steward gave Judgment as followeth: You must go to the place from whence you came, and there remain during her majesty's pleasure; from thence to be drawn on a hurdle through London streets, and so to the place of Execution, where you shall be hanged, bowelled, and quartered; your head and quarters to be disposed of at her majesty's pleasure, and so God have mercy on your souls. Esser. My lord, I am not a whit dismayed to receive this Sentence, for I protest death is as welcome to me as life; and I shall die as cheerful a death upon such a testimony, as ever did man. And I think it fit my poor quarters that have done her majesty true service in divers parts of the world, should be sacrificed and disposed of at her majesty's pleasure; whereunto with all willingness of heart I have submitted myself. But one thing I beg of you, my lords, that have free access to her majesty's person, humbly to beseech her majesty to grant me, that (during the short time I shall live) I may have the same preacher to comfort me, that hath been with me since my troubles began; for as he that hath been long sick, is most desirous of the physician which bath been, and is best acquainted with the constitution of his body; so do I most wish to have the comfort and spiritual physic from the preacher which hath been and is acquainted with the inward griefs, and secret affections of my soul, And my last request shall be only this; that it will please her highness that my lord Thomas Howard and the Lieutenant of the Tower may be partakers with me in receiving the Sacrament, and be a witness of it, in token of what I have protested to be true in this life, for my loyalty, religion, and peace of conscience: and then whensoever it shall please her majesty to call me, I shall be ready to seal the same with my blood. The lords promised they would move the queen for his requests. Esser. I humbly thank your lordships. Then the Serjeant at Arms stood up with the mace on his shoulder, and after proclamation was made, said thus: All peers that were summoned to be here this day, may now take their ease; and all other persons attending here this service, may depart in her majesty's peace, for my Lord High Steward is pleased to dissolve this Commission. As the lords were rising, the earl of Essex said, My lord De la Ware, and my lord Morley, I beseech your lordships to pardon me for your two sons that are in trouble for my sake: I protest upon my soul they knew not of any thing that was or should have been done, but came to me in the morning, and I desired them to stay, and they knew not wherefore. And so farewel, my lords. The earl of Southampton obtained a reprieve, but the earl of Essex was ordered for Execution. On the 25th of February 1601, which was the day appointed for his Execution, Thomas Mountford and William Barlow, doctors of divinity, with Ashton the minister of the church in the Tower, were sent unto him early in the morning to administer christian consolation to his soul. In presence of these men he gave thanks to Almighty God from the bottom of his heart, that his designs, which were so danger Camd. Eliz. 621. ous to the state, succeeded not. He told them, he had now looked thoroughly and seriously into his sin, and was heartily sorry he had so obstinately defended an unjust cause at the bar. He thanked the queen she had granted he should not be publicly executed, lest his mind, which was now set led and composed, might be disturbed by the acclamations of the people, protesting that he had now learned how vain a thing the blast of popular favour and applause was. He acknowledged how worthy he was to be spued out (these were his words) by the Common-wealth, for the wickedness of his enterprize, which he likened to a leprosy spread far and near, and that had infected many. The Queen in the mean time wavered in her mind. One while relenting, she sent her commands by sir Edward Carey that he should not be executed: but then remembering his perverse obstinacy, that he scorned to ask her pardon, and had declared openly that his life would be the queen's destruction, she soon after 'sent a fresh command by Darcy that he should be put to death. Then he was brought forth between the divines to a scaffold erected within the Courtyard of the Tower: Near which sat the earls of Cumberland and Hertford, viscount Howard of Bindon, the lord Howard of Walden, the lord Darcy of Chiche, and the lord Compton. There were present also some of the aldermen of London, and sir Walter Raleigh, who if we may believe himself, came with an intent to make answer if any thing should be objected against him by the earl at his death; but others thought he came to feed his eyes with a sight † Moor, 622. of the earl's sufferings, and to satiate his hatred cited 71. Proceedings in Parliament against JOHN Earl of GoWRIE, ALEXANDER RUTHVEN his Brother, HENRY RUTHVEN, HUGH MONCRIEF, and PETER EVIOT, for High Treason: 42 ELIZ. Nov. 15, A. D. 1600, at Edinburgh. [Extracted from the authentick Records, and the principal Vouchers (which lie in public Custody in the Parliament-House, at Edinburgh) by George Earl of Cromerty, Keeper of the Records, Temp. Cor. 2. Also from the Somers' Tracts, 4 coll. vol. 1. p. 213.] WILLIAM, earl of Gowrie, having been condemned at Stirling, and executed in the year 1584, with two others, for seditious practices, in seizing the king's person at RuthvenHouse, when in his minority, and banishing from him all others who were not of their party, making him condescend to what they proposed, and levying forces to secure themselves and the king's person in their custody; occasioned the hot clergy of their party, both to preach and publish scandalous pamphlets against the king and government: this did beget a strict friendship between young Gowrie and the fac tious clergy. Albeit, the king did, with great benignity, restore the earl of Gowrie to his father's honours and estate; yet, his two sons, the earl, and Mr. Alexander, were nursed up in such malice against the king, by some of his relations, (but especially by the Clergy), that neither the king's restoring him to his estate and honour, conferring also other marks of favour and trust on him, (and placing his sister as the first lady of honour to the queen, and making his brother Alexander one of his bedchamber) could allay his revenge, till at last, he resolved to bring his long-designed purpose to effect. For, in August 1600, he devised and contrived the bringing the king from Falkland to his house in Perth; and there, with his fellow-conspirators, to have murdered the king. On account of this Treason †, and several disorders, a Parliament was indicted to meet at Edinburgh on the first of November that year 1600, albeit the printed Acts bear its meeting to be on the 15th. Accordingly, a Parliament was indicted, to be holden at Edinburgh on the 1st of Nov. 1600, and, as is ordinary, it was adjourned to the 4th. On which day, sir Thomas Hamilton, king's advocate, produced a summons of Treason duly executed against William Ruthven, brother and apparent heir to John earl of Gowrie, and Mr. Alexander Ruthven: calling also, in the summons, the tutors and curators of the said William, (if he had any) and all others, having pretence or interest in the matter, to hear it found; and declared, that the said earl of Gowrie, and Mr. Alexander his brother, had committed Treason, in attempting to bereave his majesty of his life, at St. Johnstoun, on the 5th day of August last by-past: The Summons and Executions being read, and the heraulds and messengers sworn to the veracity of the executions, both at their private houses, mercat-crosses, and shoar and peer of Leith, &c. (which are the most public Intimations and Citations that can be given by the law of Scotland ;) which Citations were given on the 28th of August and 29th ditto, in their respective places and mercat-crosses, and the Parliament was declared current daily. On the 9th day, the said Summons and Executions were read over again, another summons of treason was produced, with their executions and verifications, made on oath in the face of the court, against Alexander and Henry Ruthven, sons to Alex. Ruthven of Frieland; and against Hugh Moncrief, brother to William Moncrief of that ilk; Patrick Eviot, brother to Colin Eviot of Balhousie; to hear and see themselves decerned, as guilty of High-Treason, and Lese-Majesty against the king at Perth, the 5th day of August last past. And likewise by warrant from the Parliament, one Andrew Henderson, who was prisoner in the Tolbooth of Edinburgh, on accusation for the said crime, was brought by the baillie of Edinburgh, and sisted before the Parliament; he having received formal summons in the Tolbooth, on the 28th of August last past. The summons being thrice called, the executions all verified, and none of the persons cited compearing, excepting Andrew Henderson the prisoner; the King's Advocate did take instruments and likewise the king's advocate did then, and there, produce before the lords, our sovereign lord's letters of relaxation, given under his highness's signet at Edinburgh, relaxing all the persons so summoned from the horn, and from all the summons executed against + See Spotiswood's History of the Church of Scotland, p. 457, 458, 459, 460. VOL, I, them, at the instance of whatsoever persons; that so, they might have safety and freedom to compear: and which relaxations were promulgated, at the mercat-crosses of the shires where each person had his abode; and also at the mercat-cross at Edinburgh, and shoar and peer of Leith. And these executions and relaxations were registrated in the records of the shires where the accused did reside: on which production the king's advocate did take instru ments. The Lords Commissioners in Parliament did remit the said Andrew Henderson to the Tolbooth for safe custody, and the Parliament adjourned until the 15th of Nov.: on which day, the Parliament having met, the said sir Thomas Hamilton, Advocate, produced the said summons of Treason and Executions; and the heraulds and messengers having, of new, verified the executions upon oath formerly, &c. neither William, nor none for him, nor the others cited, compearing; the king's Advocate did take instruments thereon: only Mr. Thomas Henrison, one of the commissaries of Edinburgh, compeared for the foresaid Andrew Henderson, and produced the Writ following, undersubscribed by the king's advocate. It is our will and we command you, that upon sight hereof, ye delete Andrew Henderson, cham‹berlain to umquhile John earl of Gowrie, his name furth of the summons of Treason and Forfaulture, raised and executed against him, for being art, part, redd, counsel, and counselling, of the late Treason conspired by the 'said umquhile earl, his umquhile brother, and complices, against our person; and as you will answer to us hereupon; keeping th presents for your warrant. Subscribed with our hand at Holy-rood-house, the 9th of Nov. 1600. Sic subscribitur, JACOBUS R.' Conform whereunto, the advocate did delete his name.' 6 The Heraulds and Messengers did, at that same time, again verify upon oath the executions given in; and the relaxations and executions against William, and Alexander, and Henry Ruthven, Patrick Eviot, and Hugh Moncrief; and the Parliament found the Dittay relevant: and then adjourned till the 15th of November, and remitted the examination of the witnesses to the Lords of Articles, which are a Committee of Parliament, according to the constant practice and custom in Parliament.-Note, the Lords of the Articles in that parliament, were two bishops and four abbots, all men of great worth and integrity; four earls, viz. Lennox, Errol, Marrischal, and Marr; four lords, viz. Seton, Livingstoun, Newbottle, and Fivie; seven barons, and nine commissioners of boroughs. On the 15th of November, the Parliament did again meet, and the Advocate did again call the summons of Treason against all the forementioned persons (except Henderson), for enterprizing the slaughter of the king, on the 5th of August last past. Being all three called, and none compearing, the hail estates did find 4 s both the summons, reasons and causes therein ↑ And as his majesty was within a mile to Perth, mentioned, relevant; and therefore admitted after that Mr. Alexander had come a certain the same to the Advocate's probation. Whereupon the Advocate did produce the Letters of horning duly executed and endorsed, against Alexander and Henry Ruthven, Hugh Moncrief, and Patrick Eviot; bearing, that they were denounced rebels, and put to the horn, for crimes of Treason therein mentioned. And the oaths and depositions of the Witnesses, let and adduced by the Advocate, for proving of the Treason against the defenders (taken before the Lords of Articles), viz. the Deposition of umquhile Mr. Thomas Cranstoun, and George Craigingelt, when they were exccuted to death, for the foresaid crime of Treason: and likewise, the Advocate repeated the notoriety, with the circumstances of the matter of fact, to prove the points of the Libel; and produced the Depositions of all the witnesses, which were all read, as follows: space with his highness, he rod away and galloped to Perth, before the rest of the company, towards his brother's lodging, of purpose (as the deponent believes), to advertise the earl of Gowrie of his majesty's coming there. And as his majesty was within two pair of butt-langs to the town of Perth, the earl of Gowrie, accompanied with diverse persons, all on foot, met his highness in the Inche, and saluted him; and immediately thereafter, his majesty, accompanied with this deponent, the earl of Mar, Inchechaffrey, sir Tho. Erskin, laird of Urquhil, James Erskin, Wm. Stuart, sir Hugh Herries, sir John Ramsay, John Murray, John Hamilton of the Grange, and John Graham of Bagowie, past all together, in the earl of Gowrie's hall; the said earl of Gowrie, and the said Mr. Alex. Ruthven being baith present with them. And after their entry, his majesty cry'd for a drink, which was a long time a-coming: The DEPOSITIONS of the WITNESSES, examined and it was an hour after his first coming, before in presence of the Lords of Articles, for prov- his majesty got his dinner. And in the time ing of the said two Summonses of Treason. that his majesty got his desert, the earl of GowTHE Duke of Lenox, sworn and examined, rie came to his deponent, and to the earl of depones, That upon the 5th day of August last Mar, and remanent persons foresaid, and deby-past, this deponent, for the time being in sired them to dine, which they did, in the hall; Falkland in company with his Majesty, he and when they had near hand dined, the earl saw Mr. Alexander Ruthven speaking with of Gowrie came from his majesty's chamber to his grace before the stables, betwixt six the hall, and called for wine; and said, that he and seven in the morning; and shortly there- was directed from his majesty's chamber, to after, his majesty passing to the hunting of drink his Scoll (the word used then for drinking the buck, and having slain one in the Park of a health) to my lord duke, and the rest of the Falkland, his highness spake to the deponent, company; which he did. And immediately disyring him to accompany his majesty to after the scoll had pass'd about, this deponent Perth, to speak to the earl of Gowrie. And did raise from the table, to have waited upon incontinent thereafter, this deponent sent his his majesty, conform to his former direction; servant for another horse, and for a sword, and and then the earl of Gowrie said to the depolap on, and followed his grace: and as this nent, that his majesty was gone up quietly, some deponent overtook his grace, Mr. Alexander quiet errand. And then, the said earl of GowRuthven was speaking with his majesty; and rie cry'd for the key of his garden, and pass'd in shortly after the deponent's coming to the king, company with this deponent, to the garden, his highness rode a-part, and spake with this accompanied with Lindores and sir Hugh Her deponent, saying, Ye cannot guess, man, what ries, and certain others: and shortly after their errand I am riding for; I am going to get a being in the garden, Mr. Tho. Cranstoun came pose in Perth: and Mr. Alexadder Ruthven down to the garden, crying, the king's majesty has informed me, that he has fund a man, is on horseback, and riding through the Inche: that has a pitchard full of coined gold, of great and then the earl of Gowrie cry'd, Horse, sorts. And in the mean time, his higliness en- Horse.' And the said Mr. Thomas Cranstoun quired of this deponent, of what humour he answered to him, Your horse is in town; to thought Mr. Alexander to be of? Who answerwhilk the earl of Gowrie made him no answer, ed, that he knew nothing of him, but as of an but cry'd, Ay, Horse, Horse.' And this depohonest discreet gentleman. And after that bi, nent and the earl of Gowrie came first out of the highness had declared to this deponent, the garden, through the hall to the closs, and came hail circumstances of the man who had the to the oute gate; and this deponent speird at said gold, the place where it was found, and the porter, if the king was furth; who answer'd, where it was kept; this deponent answered, I that he was assured that his majesty was not like not that, sir; for that is not likely. And come furth of the place. Then the earl of Gowthey riding beside the bridge of Erne, his ma- rie said, I am sure he is first always; stay, my jesty called to the deponer, that Mr. Alexander lord, drink, and I shall gang up, and get the disyred him to keep that matter of the pose severity and certainty thereof. And the said earl cret, and take nobody with him; and then his highness, both at that time, and thereafter at St. Johnstoun, within the earl of Gowrie's hall, said to this deponer, Take taint where I pass with Mr. Alexander Ruthven, and follow me. of Gowrie passed up, and incontinent came again to the closs, and he affirmed to this deponent, that the king's majesty was furth at the back-gate, and away. Whereupon, this deponeut, the earl of Gowrie, and Mar, and hail —and others, for High Treason in arms within the closs: and also saw other The Earl of Mar, sworn and examined, de- Sic company, past furth at the fore-gate of the lodging; and staid before the same gate, upon the street and as they were standing there, advising where to seek the king, incontinent, and in the mean time, this deponent heard a voice, and said to the earl of Mar, This is the king's voice, that cryes, be where he will; and so they all looked up to the lodging, and saw his majesty looking furth of the window, wanting his hat; his face being red, and an hand gripping his cheek and mouth; and the king cry'd, I am murder'd; Treason! My lord Mar, help, help.' And incontinent, this deponent. the earl of Mar, and their company, ran up the stair of 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 rasht at the door with the ladder, and the steps of the ladder brake: and syne, they send for hammers; and notwithstanding large forcing with hammers, they got not entry at the said chamber, while after the earl of Gowrie and his brother were both slain. That Robert Brown past about be the back-door, and came to his majesty, and assured his highness, that it was my lord duke and the carl of Mar, that was stricking up the chamber door; and the hammer was given through the hole of the door of the chamber: and they within brake the door and gave them entry: and, at their first entry, they saw the earl of Gowrie lying dead in the chamber, Mr. Alexander Ruthven being slain, and taken down the stairs before their entry. And at their first entry within that chamber where the king's majesty was, the deponent saw sundry halberts and swords stricking under the door of the chamber, and sides thereof, by reason the same was nae closs door; and knew none of the strickers, except Alexander Ruthven one of the defenders, who desired to speak with this deponent through the door, and speird at him, For God's sake tell me how my lord of Gowrie was. To whom this deponent answered, He is well: and the said deponent bad Alexander to gang his way; and that he was ane fool; and that he would get little And, in the mean thanks for that labour. time, as they were continuing to strick with halberts under the door, meikle John Murray, servant to Tullibardin, was stricken through the legg; and how soon the said Alexander Ruthven had heard the said lord duke speak, he and his hail complices past from the foresaid door, and made no more trouble thereafter thereat, and passed down to the closs, and stood there. And saw none of the remanent defenders present, at the doing of the violent turns that day, except by report, but the said Alex-space of ane quarter of an hour. And thereander Ruthven: but says, that he saw Hugh Moncrief, Earn, and Alexander Daithvenies, and Patrick Eviot, with the earl of Gowrie, at the king's dinner that day; and that before and thereafter, looking over the chamber window, he saw George Craigingelt and Alexander Ruthven; and did see others of the earl of Gowrie's servants, whom this deponent knew not, stand-a-while, and follow the king and me, while I : Andrew Henderson, chamberlain of Scoon, sworn, depones, that he is of the age of thirtyeight years; declares, that upon Monday at night, the 4th day of August last by-past, this deponent being, after supper, in company with the earl of Gowrie and Mr. Alexander Rutbven, within my lord's own chamber; the earl of Gowrie enquired at this deponent, what he had to do to-morrow? To whom this deponent answered, that he had to do, to ride to Ruthven, to speak with the tenents. Then the earl of Gowrie answered, stay that journey, you must ride to Falkland, in company with my brother Mr. Alexander; and take Andrew Ruthven with you; and that ye be ready to ride be four hours in the morning and haste thou back with answer, as my brother orders you, by writ or otherways: and let Andrew Ruthven remain with my brother. And, in the morning, after four hours, they rode all three together to Falkland; and coming to Falkland, they lighted at John Barfour's house, and seeing that colonel Edmund was there, they lodged in ane Law's house: and the master sent this deponent about seven hours in the morning, to see what the king's majesty was doing. And as he was within the place, he saw the king's majesty coming furth the midcloss, booted; and then he returned back again to the master, and said to him, Haste you, the king's majesty is coming forth: and incontinent, the master followed his majesty, and spake with his majesty foranent the equirie; and the king laid his hand on his shoulder, and clapped him, where they spake together be the after, the master directed this deponent to ride to Perth in haste, as he loved the lord Gowrie's and his honour, and advertise his brother, that his majesty will be there, with a few number incontinent; and cause make his dinner ready. but stay Then this deponent answered, Shall I ride presently? The master answered, no, |