[1600/11/5]*[print] [email] [cite] [preceding] [following]
The which day the said Master Thomas Hamilton [of Drumcairnie], advocate to our sovereign lord, of new produced the said 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, his brother, and the said William's tutors and curators, if he has any, and all others having or pretending to have interest in the said matter of treason, to hear and see it be found and declared that the said late John, earl of Gowrie and Master Alexander Ruthven, his brother, committed treason against our said sovereign lord in manner specified in the said summons upon 5 August last; the which William Ruthven, his tutors and curators and all others having or pretending to have interest, being thrice called at the tolbooth window, and the said William Ruthven, nor none other in his name, compearing to have answered to the said summons, whereupon the said advocate asked instruments.
And thereafter the said John Blindseil, Islay herald, compeared personally in presence of the king's majesty and estates, and made faith that he lawfully summoned and warned the said William Ruthven at the place of Dirleton upon 28 August last, and that upon the same day he summoned him at the market crosses of Edinburgh, Haddington and at the shore and pier of Leith; and also that he upon 30 August, the year of God foresaid, summoned the said William Ruthven at the market crosses of Perth, Scone and Kinross-shire, and his tutors and curators, if he had any, and all others having or pretending to have interest in the foresaid action and cause of treason, and made faith that he executed the same summons of treason at the foresaid particular places mentioned in the executions of the said summons of treason, which he did before William Ramsay, trumpeter, Robert Elder, messenger in Edinburgh, Thomas Wallis and William Baxter, David Gray, David Young, postmasters in Edinburgh, who, being all personally present, likewise made faith that the said John Blindseil, Islay herald, executed the foresaid summons of treason at the foresaid particular places and that they were required witnesses by him to the said executions and passed suit for suit in company with the said John Blindseil and heard and saw him execute the foresaid summons of treason as the executions thereof bear. Upon the verification of the executions of the which summons of treason, and that the said William Ruthven nor any other in his name compeared not to defend in the said matter, the said Master Thomas Hamilton, advocate to our sovereign lord, asked instruments.
And also the said Master Thomas Hamilton, advocate to our sovereign lord, produced another summons of treason raised at the instance of our said 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, and Andrew Henryson, chamberlain of Scone, to hear and see them discerned to have committed treason and lese-majesty against our said sovereign lord at Perth, 5 August last, in manner contained in the summons of treason raised thereupon; the which persons being thrice called at the tolbooth window and none of them compearing except the said Andrew Henryson, who compeared by Master Thomas Henryson, one of the commissioners of Edinburgh, who produced this writing underwritten subscribed by the king's majesty, whereof the tenor follows: Rex. Advocate, it is our will and we command you that upon the sight hereof you delete Andrew Henryson, chamberlain to the late John, earl of Gowrie, his name out of the summons of treason and forfeiture raised and executed against him (for his being art, part, red, counsel and concealing of the late treason conspired by the said late earl, his late brother and accomplices against our person, as you will answer to us thereupon, keeping this letter for your warrant. Subscribed with our hand at Holyroodhouse, 11 November 1600. It is thus subscribed, James Rex. According to the which command the said advocate instantly deleted out of the said summons of treason the said Andrew Henryson and scored his name forth thereof; whereupon the said Master Thomas Henryson asked instruments.
And thereafter compeared personally, in presence of the king's majesty and estates, John Blindseil, Islay herald, and made faith that he lawfully summoned and warned the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott upon 30 August last at the market crosses of Perth, Scone and Kinross-shire, and at their chamber doors in Perth and also at the dwelling house of the said late John, earl of Gowrie in Perth; and also made faith that he, upon 28 August last, summoned the foresaid persons at the market crosses of Edinburgh, Haddington, 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 to the whole executions above-written and passed suit for suit in company 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, the said Master Thomas Hamilton, advocate to our sovereign lord, asked instruments; and also the said advocate asked instruments that he presently produced in presence of the king's majesty and estates our sovereign lord's letter of relaxation given under his highness's signet at Edinburgh, 3 October last, bearing that the said William Ruthven, Alexander and Harry Ruthven, Patrick Eviott and Hugh Moncreiffe were relaxed from all hornings executed against them at the instance of whatsoever persons at the said 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 letters of relaxation, executions and endorsements thereof were duly and lawfully registered in the shire court books of the sheriffdoms within the which they were relaxed from the said hornings.