[1600/11/5]¹

Judicial proceedings: summons of treason

The quhilk day the said Maister Thomas Hammyltoun, advocat to oure soverane lord, of new producit the said summondis of treassoun dewlie execute and indorsat aganis Williame Ruthven, brother and apperant air to umquhile Johne, erle of Gowrie and Maister Alexander Ruthven, his brother, and the said Williames tutouris and curatouris, gif he ony hes, and all utheris haveand or pretendand to have interes in the said mater of treassoun, to heir and sie it be fundin and declarit that the said umquhile Johne, erle of Gowrie and Maister Alexander Ruthven, his brother, committit treassoun aganis oure said soverane lord in maner specefeit in the said summondis upoun the fyft day of August last bipast; the quhilk Williame Ruthven, his tutouris and curatouris and all utheris haveand or pretendand to have enteres, being thryse callit at the tolbuth window, and the said Williame Ruthven, nor nane utheris in his name, comperand to have ansuerit to the said sumondis, quhairupoun the said advocat askit instrumentis.

And thairefter the said Johne Blinsell, Ilay herauld, comperit personalie in presens of the kingis majestie and estaitis, and maid fayth that he lauchfullie summonit and warnit the said Williame Ruthven at the place of Dirltoun upoun the xxviij day of August last bipast, and that upoun the samin day he summond him at the mercat croces of Edinburgh, Hadingtoun and at the schoir and peir of Leyth; and als that he upoun the penult day of the said moneth of August, the yeir of God foirsaid, summond the said Williame Ruthven at the mercat croces of Perth, Scone and Kinroschire, and his tutouris and curatouris, gif he ony had, and all utheris haveand or pretendand to have enteres in the foirsaid actioune and cause of treassoun, and maid fayth that he execute the samin summondis of treassoun at the foirsaidis particular places mentionat in the executionis of the said summondis of treassoun, quhilk he did befoir Williame Ramsay, trumpetour, Robert Elder, messinger in Edinburgh, Thomas Wallis and Williame Baxster, David Gray, David Young, postis in Edinburgh, quha, being all personalie present, lykwayes maid fayth that the said Johne Blindsell, Ilay herauld, execut the foirsaid summondis of treassoun at the foirsaid particular places and that they wer requirit witneses be him to the saidis executionis and passit sute for sute in company with the said Johne Blinsell and hard and saw him execute the foirsaidis summondis of treasson as the executionis thairof beris. Upoun the verificatioun of the executionis of the quhilk summondis of treassoun, and that the said Williame Ruthven nor na utheris in his name comperit nocht to defend in the said mater, the said Maister Thomas Hamyltoun, advocat to oure soverane lord, askit instrumentis.

And siclyk the said Maister Thomas Hamyltoun, advocat to oure soverane lord, producit ane uther summondis of treassoun rasit at the instance of oure said 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 Eviot, brother to Colene Eviot of Balhoussie, and Andro Henrysoun, chalmerlane of Scone, to heir and sie thame decernit to have committit treassoun and lesemajestie aganis oure said soverane lord at Perth, the fyft day of August last bipast, in maner contenit in the summondis of treassoun resit thairupoun; the quhilkis persones being thryse callit at the tolbuth window and nane of thame comperand except the said Andro Henrysoun, quha comperit be Maister Thomas Henrysoun, ane of the commissionaris of Edinburgh, quha producit this writting underwrittin subscrivit be the kingis majestie, quhairof the tennour followes: Rex. Advocat, it is oure will and we command yow that upoun the sicht heirof ye delete Andro Henrysoun, chalmerlane to umquhile Johne, erle of Gowrie, his name furth of the summondis of treassoun and forfaltour rasit and execute aganis him (for his being airt, pairt, red, counsaill and conceilling of the lait treassoun conspyrit be the said umquhile erle, his umquhile brother and complices aganis oure persone, as ye will ansuer to us thairupoun, keipand thir presentis for your warrand. Subscryvit with oure hand at Halyrudhous, the xj day of November 1600. Sic subscribitur, James R[ex]. Conforme to the quhilk command the said advocat instantlie delete furth of the said summondis of treassoun the said Andro Henrysoun and scorit his name furth thairof; quhairupoun the said Maister Thomas Henrysoun askit instrumentis.

And thaireftir comperit personalie, in presens of the kingis majestie and estaitis, Johne Blinsell, Ilay herauld, and maid fayth that he lauchfullie summonit and warnit the saidis Alexander and Harie Ruthvenis, Hewe Moncreif and Patrik Eviott upoun the penult day of August last bipast at the marcat croces of Perth, Scone and Kynroschire, and at thair chalmer durris in Perth and als at the duelling hous of the said umquhile Johne, erle of Gowrie in Perth; and als maid faith that he, upoun the xxviij day of the samin moneth of August last bipast, summond the foirsaidis persones at the marcat croces of Edinburgh, Hadingtoun, peir and schore of Leyth and that he execute the samin summondis of treassoun aganis the foirsaidis persones in maner contenit in the saidis executionis befoir Williame Ramsay, trumpetor, Robert Eldar, messinger in Edinburgh, Thomas Wallis, Williame Baxster, David Gray and David Young, postis in Edinburgh; the quhilkis witneses being all lykwayes present maid fayth that they hard and saw the said Johne Blinsell execute the foirsaid sumondis of treassoun and that they wer witneses requirit be him to the haill executionis abonewrittin and passit sute for sute in company with him to the haill places therin contenit. Upoun the verificatioun of the executionis of the foirsaid summondis of tressoun and that nane of the foirsaidis persones comperit to defend in the said mater, the said Maister Thomas Hammyltoun, advocat to oure soverane lord, askit instrumentis; and siclyk the said advocat askit instrumetis that he presentlie producit in presens of the kingis majestie and estaitis oure soverane lordis lettre of relaxatioun gevin under his hienes signet at Edinburgh, the thrid day of October last bipast, berand that the said William Ruthven, Alexander and Harie Ruthvenis, Patrik Eviott and Hew Moncreif wer relaxit fra all horningis execute aganis thame at the instance of quhatsumevir persones at the said mercat croce of Edinburgh upoun the tuentie day of October last bipast, and als berand the saidis persones to be relaxit frome all horningis at the marcat croce of Perth upoun the tent day of October, the yeir of God foirsaid, and lykwayes to be relaxit at the marcat croce of Hadingtoun upoun the last day of the samyn moneth of October last bipast; the quhilkis lettres of relaxatioun, executionis and indorsationis thairof wer dewlie and lauchfully registrat in the schirescourt buikis of the schirefdomes within the quhilkis they wer relaxit fra the saidis horningis.