[1600/11/3]*[print] [email] [cite] [preceding] [following]
The which day Master Thomas Hamilton [of Drumcairnie], advocate to our sovereign lord, produced in presence of the said lords commissioners a summons of treason duly executed and endorsed against William Ruthven, brother and apparent heir to the late John [Ruthven], earl of Gowrie, and Master Alexander Ruthven and the said William's tutors and curators, if he has any, and all others having or pretending to have interest in the matter of treason underwritten, to hear and see it be found and declared that the said late John, earl of Gowrie and Master Alexander Ruthven to have committed treason against our sovereign lord in bereaving of his majesty of his life at Perth, 5 August last; the which summons being called thrice at the bar, and the said William Ruthven in no way compearing, and thereafter John Blindseil, Islay herald, compeared and made faith that he lawfully summoned the said William Ruthven at the Hilt of Dirleton upon 28 August last, and that upon the same day he summoned him at the market crosses of Edinburgh, Haddington, shore and pier of Leith; and that upon 30 August the year of God foresaid he summoned the said William Ruthven at the market cross of Perth, Scone and Kinross-shire, and his tutors and curators, if he has any, and all others having or pretending to have interest in the foresaid action and cause of treason, and that he executed the same summons of treason at the same places before William Ramsay, trumpeter, Robert Elder, messenger in Edinburgh, Thomas Wallis and William Baxter, postmasters in Edinburgh, David Gray there and David Young there. Upon the verification of the execution of the said summons of treason, and that the said William Ruthven, nor none other compeared in the said matter, the said advocate asked instruments.
And likewise the said advocate produced another summons of treason raised at the instance of our sovereign lord and his highness's advocate against Alexander and Harry Ruthven, sons to the late Alexander Ruthven of Freeland, Hugh Moncreiffe, brother-german to William Moncreiffe of that Ilk, Patrick Eviott, brother to Colin Eviott of Balhousie, to hear and see them discerned to have committed treason and lese-majesty against our sovereign lord at Perth, 5 August last, as at more length is contained in the said summons; the which summons being thrice called at the tolbooth window and none of the said persons compearing except the said Andrew Henryson, who, at command of the said lords commissioners of this present parliament, was brought out of the tolbooth of Edinburgh and brought and presented by George Todrick, bailie of Edinburgh, before the said lords commissioners. And immediately thereafter compeared personally in presence of the said lords commissioners John Blindseil, Islay herald, and made faith that he lawfully summoned the said Andrew Henryson, personally apprehended within the said tolbooth of Edinburgh, upon 28 August last, and also that he, upon 30 August, summoned the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott and the said Andrew Henryson at the market crosses of Perth, Scone, Kinross-shire; and also made faith that upon 30 August the said John Blindseil warned and summoned the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott at their chamber doors within the burgh of Perth, and at the said late John, earl of Gowrie's dwelling house there; and also the said John Blindseil made faith that he, upon the said 28 August last, summoned the foresaid whole persons at the market crosses of Edinburgh, Haddington and at the pier and shore of Leith, and that he executed the same summons of treason against the foresaid persons in manner contained in the said executions before William Ramsay, trumpeter, Robert Elder, messenger in Edinburgh, Thomas Wallis, William Baxter, David Gray and David Young, postmasters in Edinburgh. The which witnesses being all likewise present made faith that they heard and saw the said John Blindseil execute the foresaid summons of treason and that they were witnesses required by him thereto to the whole executions above-written and passed suit for suit with him to the whole places therein contained. Upon the verification of the executions of the foresaid summons of treason, and that none of the foresaid persons compeared to defend in the said matter except the said Andrew Henryson, the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, asked instruments; and also the said advocate asked instruments that he presently produced in presence of the said lords commissioners our sovereign lord's letter of relaxation given under his highness's signet at Edinburgh, 3 October last, bearing the said William Ruthven, Alexander and Harry Ruthven, Patrick Eviott and Hugh Moncreiffe and Andrew Henryson to be relaxed from all hornings executed against them at the instance of whatsoever persons at the market cross of Edinburgh upon 20 October last, and also bearing the said persons to be relaxed from all hornings at the market cross of Perth upon 10 October, the year of God foresaid, and likewise to be relaxed at the market cross of Haddington upon 31 October last. The which letter of relaxation, executions and endorsements thereof were duly and lawfully registered in the sheriff court books of the sheriffdoms within the which they were relaxed from the said hornings.
The lords commissioners of this present parliament ordain the said Andrew Henryson to be taken to the tolbooth of Edinburgh to be kept there in ward as he was of before; which Andrew was instantly delivered to the said George Todrick, bailie, whereupon the said advocate likewise asked instruments.