Papers relating to William, first Earl of Gowrie, and Patrick Ruthven, his fifth and last surviving son

William, Earl of Goivrie, etc. 31
He answered, " I do not speacke this of anie malice, but of
intent to delare my inocent life, w ch is most injustlie pursued."
" My Lord," said the Judge, " you shall heare the rest of
the accusion ; answer shortly & w th pacience. Whome will
you have ploquito r for you ?" Th' other said, " I se none ex-
cept my Lord Advocat, who will excuse himselfe for that he
is to accuse me. It is very hard for me, not beinge ac-
quainted w th the forme of lawe, to disput of my life w th suche
an experimented & practised lawyer, the tyme beinge so
short & so sodaine; yet, Justice Clarke, I ptest by this in-
strument, thoughe you be under the bondage and yoke of
the court, wright my answers attendickly ; l and if ther be no
formalitie in them, esteme, my Lordf, the same to pcede
rather throughe the lacke of experience and practise of the
lawes, then from the weacknes of my cause. So then, I say,
that I shoulde not be accused, because it is a common prac-
tise, that whosoever is to be accused is to be summoned, yf
from [uppon] hie treason, uppon fortie dayes, yf uppon anie
toher crime, uppon fifftene, but so it is that I was first arrested
or ever somoned." . The Advocat said, " Th' answer was not
sufficient, for a thefe taken pntly stealinge may be accused
w th out sufnoninge, muche more therfore in y s cause." The
question was referred to the Judge and his assessioners, w ch
they fownd not relyvant the answer my Lord made. Then
y e Clarke preceded, "You are further to be accused, for
the comoninge and conferring w* Mr. David Hume, & Mr.
James Estringe, s r vantf to th'Erls of Angus & Marre, under
night, wher, after long conference, you devised for the better
bringinge of yo r treasonable purpose to pase effect, it was ne-
cessarie the towne of IS* Johnstone & Sterlinge should be
taken, or eyther of them both." Th' Erie replied, "My
L. I see I am to be accused of these hedes w ch I reveled
uppon hope of my life, upon the K. Ma ties pmise, yea by
necessitie, for when you my Lordf (naming them all by ther
names) came to me, desiringe me to tell the truth in this
1 Authentically.