[1640/6/63]¹

Judicial proceeding: regarding the forfeiture of Patrick Ruthven, lord Ettrick

Act 45

Act and decreet anent the foirfaultoure of Patrike, lord Ettrike and remanent commanderis haveing chairg wnder him within the castle of Edinburghe

The estates of parliament, presentlie conveened by his majesties speciall authoritie, haveing this day caused publicklie reed in ther audience the act and decreet of foirfaultour againes Patrike, lord Ettrike and remanent commanderis wnder him within the castle of Edinburghe for not rendering of the samene castle to the saidis estates, conforme to the sommondis, warrand and chairge givine be them to him for that effect, the saidis estates, after the executour of the sommondis and witness had compeired judicially in the face of parliament, and wpoun there great oathes, declairit the same ware trulie done as they ware set doune. The saidis estates, after voyceing, did unanimouslie aggree to the said decreet, and ordenit the samen to have the force and strenth of ane act and decreet of foirfaultour of parliament, which Johne Whyte, dempster, pronounced for doome but appoynted the Lord Burghlie, president of the parliament, to keepe the samene wnbooked for ane certain space to sie if obedience was givine that the decreet might be deleit; quhilk decreet was accordinglie takine wp be the Lord Burghlie.

Falloues the tennor of the decreet of forfaultour:

In the parliament haldene at Edinburghe, the ellevinth day of Junii 1640 yeires, anent the sommondis, precept and chairge of treasone raised and execut at the instance of Robert, lord Burghlie, president of the heighe court of parliament presentlie conveened by his majesties speciall authoritie, aganis Patrike, lord Ettrike, keeper of the castle of Edinburghe, and the remanent commanders haveing chairge wnder him within the said castle, makeand mentione that the estates of this present parliament, considering that forsamekle as albeit by the law of nationes the fortis and strenthis of ane frie kingdome are appoynted for the defence therof againest enymies and strangeris, and that by the lawes, constitutiones and customes of this kingdome the castellis of Edinburghe and Dumbartane as the keyes of this realme have evir beene usit and destinat for the preservatione therof, and intrustit by the kingis and estates of parliament onlie to the best affected natives of the same; and that by the lawes both of nationes and municipall, all forrane garisones are prohibited to be imput in any strenthes or fortes for hurting, destroying, suppressing and keeping wnder the natives of any frie kingdome leist these strenthes destinat for preservatione of ther lyfes and liberties should be perverted to ther ruine and become instrumentis of slaverie and subjectione. Nevertheles, Patrike, lord Ettrike, keeper of the said castle of Edinburghe, and certane wther persones haveing chairge wnder him within the said castle, hes ressavit, admittit and interteent a garisone of strangers within the same and hes usit all maner of hostilitie aganes the city of Edinburghe and his majesties good leiges goeing one the commoun highe wayes adjacent therto be continowell shooting musketis and great ordinance out of the said castle, wherby they have killed diverse persones, both men, weomen and childrine, walking and conversing therin for ther lauchfull effaires in sober and quyet maner, and ruined, demolished and spoyled diverse houss and tenementis within the said citie, as is notourlie knowne, seene and wnderstood by the estates of parliament. The which actis and deidis and everie one of them the saidis estates have fund and declaired to be treasounable in themselves, and the said Patrike, lord Ettrike and otheris commanderis, in doeing therof, to have deserved the paines of treasone against this kingdome, and therfor ordeanit preceptis to be directed by the president of the parliament to the lyoun and his brethrine, commanding them² in name of the saidis estates and of the said president, the said Patrike, lord Ettrike, keiper of the castle of Edinburghe, and remanent commanderis foirsaidis, that immediatlie within tuentio four houres eftir they be chairgeit to render and wpgive to the said Robert, lord Burghlie, in name of the estates, the foirsaid castle and all that is withine the samene, to be disposit upoun be the estates for the saiftie of the kingdome, or ellis to compeir personallie befor the estates of parliament within the space abonewrittin; with certificatione and they failyie, the estates will proceed againes them as tratoures to the forfaulting of there lyves, estates and landis. And anent the chairge givine to the said Patrike, lord Ettrike, keepar of the castle of Edinburghe, and to the remanent commanderis haveing chairge wnder him within the samene for randering, overgiveing and delyvering to the said president in name of the saidis estates of parliament as appoynted by them the said castle of Edinburghe and all that is within the samene, to be usit by the estates as they think most fit and expedient for the good of his majestie and weell and saiftie of this kingdome, within tuentie four houres nixt eftir the said chairge or ellis to have compeired personallie within the samene space befor the saidis estates and shewe ane reassonable cause why the samene should not be done, with certificatione that incaise of ther disobedience and delaying to obey the said chairge within the space foirsaid, that as they and everie one of theme had incurrit and deserved the paines and punishment of treason, so the saidis estates would instantlie proceed againes them and everie one of theme as tratoures and guiltie of heighe treason against this state and kingdome, to the foirfaulting of ther lyves, states and landis, onlie to be disposed upoun be the advyse and consent of the estates of parliament, and using of them otherwayes as open and manifest tratoures and enemyes to this state and kingdome, as at maire lenth is conteenit in the sommondis of treasone and in the executione of the chairge usit therupon againes the said Patrike, lord Ettrike and remanent commanderis haveing chairge wnder him within the said castle. Quhilke sommondis of treasone, with the executiones therof, being publicklie red in open and plaine parliamment, and the said Patrike, lord Ettrike and remanent comynanderis wnder him within the said castle being lauchfully sommoned and chairged in maner and to the effect foirsaid, ware often tymes publicklie callit in open and plaine parliament as said is, and compeirit not, quherwpoun the estates, haveing tane to there consideratione the groundis and reassones of the said sommondis of treasone, with the said Patrike, lord Ettrike and remanent commanderis wnder him, there disobedience and contempt of the foirsaid chairge usit and execut against them as said is, and of the certificatioun abowewrittin therincontenit, the saidis estates of parliament, conveend by his majesties authoritie, findis that the reassones abovementionat wherwpoun the sommondis is foundit are relevant and sufficient groundis to inferre declaratoure of treasone and forfaultour againes the contraveeneris and sua findis and declaires that the said Patrike, lord Ettrike and remanent commanderis haveing chairge wnder him within the said castle and everie one of them hes incurrit and deserveit the paines and punishment of treasone, and therfor findis and declaires them and every one of them to be tratouris and guiltie of heighe treasoun againes the state and kingdome to the foirfaulting of ther lyves, states and landis to be disposed upon be the kingis majestie, be the advyse and consent of the saidis estates of parliament, and wtherwayes to be usit as opene and manifest tratours and enymies to this state and kingdome as said is. Becaus the foirsaidis sommondis being fund relevant be the saidis estates and warrand being givine therby to the lyone king at armes and his brethrine herauldis and pursevantis to pas to the wallis of the said castle of Edinburghe or mercat croce thairof, haveing ther full coatis of armes openlie displayed, and in name of the saidis estates to peremptorlie command, warne and chairge by sound of trumpet and publicke reiding of the saidis sommondis the said Patrike, lord Ettrike and remanent commanderis wnder him to render, upgive and delyver the said castle withall that is within the samen to the said Robert, lord Burghlie, in name of the saidis estates, within tuentie four houres nixt eftir the said chairge or ells to have compeired personally within the samene space befor the saidis estates and shewe ane reassonable cause why the samene should not be done, with certification before rehearsit; and according to the foirsaid sommondis and warrand Johne Malcolme, Ross herauld, and Johne Sawer, Carrike pursevant, with ther full coatis of armes oppenlie displayed, in name of the saidis estates, being approching toward the said castle of Edinburghe wpoun the fyfte day of Junii instant, they ware debarrit fra haveing acces therto be the said Patrike, lord Ettrike and remanent commanderis wnder him within the samene, wherwpon they past immediatlie thereftir upoun the said day to the mercat croce of Edinburghe and there, haveing ther full coatis of armes displayed and in name of the saidis estates, they peremtorlie commandit, wairnit and chairgeit by sound of trumpet and publicke reiding of the foirsaid sommondis of treasone the said Patrike, lord Ettrike, keiper of the foirsaid castle of Edinburghe, and remanent commanderis wnder him within the samene to have rendrit, upgivine and delyverit the foirsaid castell withall that is within the samene or ellis to have compeired personally before the estates of parliament and shewe ane reassonable cause in the contrair in maner, to the effect and with certificatione befor rehearsit, as the said sommondis of treasone and executione therof beires; quhilke executioun was also intimat to David Scrymgeour, constable, in name of the said Lord Ettrike at the castle yet (because the said lord refuised himselfe) and ane copie therof offered to him be Majore Cunynghame, as was verified and notourlie knowne to the parliament. And the said Patrike, lord Ettrike and remanent commanderis haveing chairge wnder him within the said castle of Edinburghe, being so laufullie chairgeit in maner as is before declaired, and being this day often tymes callit in open and plaine parliament, they nor none of them did compeir, nether to give obedience to the foirsaid chairge nor to shewe any reassonable cause wherfor they should not give obedience therto, but failyiet thairintill as was cleerlie wnderstand to the saidis estates of parliament. In respect wherof, and of the reassones and groundis wherupon the said sommondis is raisit, quhilk the estates findis relevant as said is, and also findis the samene sufficientlie instructed and provine, the saidis estatis of parliament fand that the said Patrike, lord Ettrike and remanent commanderis having chairge wnder him withine the said castle of Edinburghe had incurred the paines and punishment of treasone and declaired them to be tratouris in maner befor rehearsit.