[1600/11/3]¹

Judicial proceedings: summons of treason

The quhilk day Maister Thomas Hamyltoun, advocat to oure soverane lord, producit in presens of the saidis lordis commissionaris ane summondis of treassoun dewlie execute and indorsat aganis Williame Ruthven, brother and apparent air to umquhile Johne, erle of Gowrie, and Maister Alexander Ruthven and the said Williames tutouris and curatouris, gif he ony has, and all utheris haveand or pretendand to have interes in the mater of treassoun underwrittin, to heir and sie it be fundin and declarit that the saids umquhile Johne, erle of Gowrie and Maister Alexander Ruthven to have committit treassoun aganis oure soverane lord in bereving of his majestie of his lyfe at Sanct Johnstoun, the fyft day of August last bipast; the quhilk sumonds being callit thryse at the bar, and the said Williame Ruthven nawayes comperand, and thairefter Johne Blinsell, Ilay herauld, comperit and maid fayth that he lauchfullie summonit the said Williame Ruthven at the Hilt of Dirltoun upoun the tuentie aucht day of August last bipast, and that upoun the samyn day he summond him at the mercat croces of Edinburgh, Hadingtoun, schore and peir of Leyth; and that upoun the penult day of August the yeir of God foirsaid he summond the said Williame Ruthven at the mercat croce of Perth, Scone and Kinroschire, and his tutouris and curatouris, gif he ony has, and all utheris haveand or pretendand to have enteres in the foirsaid actioun and cause of treassoun, and that he execute the same summondis of treassoun at the same places befoir William Ramsay, trumpeter, Robert Elder, messinger in Edinburgh, Thomas Wallis and Williame Baxter, postis in Edinburgh, David Gray thair and David Young thair. Upoun the verificatioun of the executioun of the said summondis of treassoun, and that the said Williame Ruthven, nor nane utheris comperit in the said mater, the said advocat askit instrumentis.

And siclyk the said advocat producit ane uther summondis of treassoun rasit at the instance of oure soverane lord and his hienes advocat aganis Alexander and Harie Ruthvenis, sonnes to umquhile Alexander Ruthven of Freland, Hew Moncreif, brother germane to Williame Moncreif of that Ilk, Patrik Eviott, brother to Colene Eviott of Balhoussie, to heir and sie thame decernit to have committit treassoun and lesemajestie aganis oure soverane lord at Perth, the fyft day of August last bipast, as at mair lenth is contenit in the said summondis; the quhilk summondis being thryse callit at the tolbuth window and nane of the saidis persones comperand except the said Andro Henrysoun, quha, at command of the saidis lordis commissionaris of this present parliament, wes brocht furth of the tolbuth of Edinburgh and brocht and presentit be George Todrik, baillie of Edinburgh, befoir the saidis lordis commissionaris. And immediatlie thairefter comperit personalie in presens of the saidis lordis commissionaris Johne Blinsell, Ilay herauld, and maid fayth that he lauchfullie summond the said Andro Henrysoun, personalie appredendit within the said tolbuth of Edinburgh, upoun the tuentie aucht day of August last bipast, and also that he, upoun the penult day of the samin moneth of August, summond the saidis Alexander and Harie Ruthvennis, Hew Moncreif and Patrik Eviott and the said Andro Henrysoun at the mercat croces of Perth, Scone, Kinroschire; and als maid faith that upoun the samin penult day of August the said Johne Blinsell warnit and summond the saidis Alexander and Harie Ruthvenis, Hew Moncreif and Patrik Eviott at thair chalmer durris within the burgh of Perth, and at the said umquhile Johne, erle of Gowreis duelling house thair; and siclyk the said Johne Blinsell maid fayth that he, upoun the said xxviij day of the foirsaid moneth of August last bipast, summond the foirsaidis haill persones at the marcat croces of Edinburgh, Hadingtoun and at the pier and schore of Leyth, and that he execute the samyn summondis of treassones aganis the foirsaidis persones in maner contenit in the saidis executionis befoir Williame Ramsay, trumpetor, Robert Elder, messinger in Edinburgh, Thomas Wallis, Williame Baxter, David Gray and David Young, postis in Edinburgh. The quhilkis witnesses being all lykwayes present maid fayth that they hard and saw the said Johne Blinsell execute the foirsaid summondis of treassoun and that they wer witnesses requirit be him thairto to the haill executionis abovewrittin and passit sute for sute with him to the haill places thairin contenit. Upoun the verificatioun of the executionis of the foirsaidis summondis of treassoun, and that nane of the foirsaidis persones comperit to defend in the said mater except the said Andro Henrysoun, the said Maister Thomas Hamyltoun of Drucarne, advocat to oure soverane lord, askit instrumentis; and siclyk the said advocat askit instrumentis that he presentlie producit in presens of the saidis lordis commissionaris oure soverane lordis lettre of relaxatioun gevin under his hienes signet at Edinburgh, the thrid day of October last bypast, berand the said Williame Ruthven, Alexander and Harie Ruthvenis, Patrik Eviott and Hew Moncreif and Andro Henrysoun to be relaxit fra all horningis execute aganis thame at the instance of quhatsumevir persones at the mercat croce of Edinburgh upoun the tuentie day of October last bipast, and als berand the saidis persones to be relaxit from all horningis at the marcat croce of Perth upoun the tenth day of October, the yeir of God foirsaid, and lykwyes to be relaxit at the marcat croce of Hadingtoun upoun the last day of the samin moneth of October last bipast. The quhilkis lettre of relaxatioun, executionis and indorsatiounis thairof wer dewlie and lauchfullie registrat in the schiref court buikis of the schirefdomes within the quhilkis they wer relaxit fra the saidis horningis.

The lordis commissionaris of this present parliament ordanis the said Andro Henrysoun to be tane to the tolbuth of Edinburgh to be kepit thair in waird as he wes of befoir; quhilk Andro wes instantlie delyverit to the said George Todrik, baillie, quhairupoun the said advocat lykwayes askit instrumentis.