forsaid to the barr belongis to The Marschall And decernes both the saidis pairties to conforme themselwis to this present act and ordinance so that no matter of contest fall out betuixt thame and thair serwandis vpoun this occasioun heireftir. Extractum de libris actorum secretj consilij S: D: N: Regis per me XX. LETTER FROM KING CHARLES I. TO THE LORDS OF SESSION. Charles R. Kingis lettre to the lordis of sessioune. Richt trustie and weilbelowit coosine and counseller and trustie [and] Copie of the weilbelowit We greit yow weill Wheras we haue writtin..... tuitching the actione depending befor thame betuixt our Constable and .......citie of Edinburgh willing thame to proceid therin in sa far as they sall find thameselffis competent judges and to remit to yow our Colledge of Justice quhat is proper to be judged be yow It is our plesour iff they doe remit the samen to yow/ That ye administer justice thairin with all diligence without admiting dilatoury or tedious formes of law that convenientlie can be awoyded commanding that ye defer sentence vntill ye acquant ws with the particularis of the proces quherin expecting your dilligence we bid yow fairweill From our mansioun at Grenewich the 16 of Maij 1634. In dorso. To our right trustie and weill belowit coosine and counseller the Erle of Kynnowll our chanceller of Scotland and our trustie and weil belowit Sir Robert Spottiswood knicht president of our Colledge of Justice and remanent senatouris thairof. 24 July 1634 Producit be the provest of Edinburgh red and considderit be the lordis quha declarit thay wold haue consideratione of the lettre quhensoevir the toune of Edinburgh sall incist in the actiones. XXI. INFORMACIOUNE FOR THE ERL OF EROLL III SEPTEMBER It mey pleis your Lordschip That I have served your Lordschips father and grandfather in the four parliamentis preceiding the last in anno 1633 and had the cair and charge of the keyis of the tolbuith doors vith Villiam Hay of Struie my Lord Errollis servitour for the tyme. The forme and maner vas thus / The night preceiding the parlament the . clerk of register for the tym causit the keiper of the tolbuith delyver all the keyis thairof both of the foir and bacdoors to the Erl Erroll his servantis quha dureing the tym forsaid vas aither the said Villiame Hay or my self. The day of the parlament the grait foirdoor of the tolbuith vas opned at the ordinar tyme and then the Erl of Eroll and his debuttis did place his gaird from vithout the entrie of the Stinking Styll vnto the top of the Braid Stairs vithin the tolbuith. This gaird being set the Erl Marshall and his debuttis did set thair gaird vithin the tolbuith to the barr quhair the parlament did sit as also had tua or thrie of the said gaird standing at the doors betuix the vter and the inner houssis. The clerk register for the tym did desyr from the Erl of Eroll to have had the key of the backdoor quhair he his clerkes and some advocatis micht entir but var alvayes refuissit The Erl of Erroll haveing appoyntit Villiam Hay or me to attend vpoun the said door for giveing entreiss to my lord register and to his clerkis and thair vas nevir ane gaird keipit vithin this doir nather befoir nor at the tym of the sitting of the Lordis. The saidis keyis var keipit be the Erl of Erroll and his debuttis all the tyme of the parlament except that the saidis keyis now and then as occacioune did offer vold be lent or givin to the keiper of the tolbuith or to the clerkis or thair servantis to seik out thair processis in thair bonckers vithin the inner hous so that on my knawledge thair vas nevir any questioune maid anent the keipeing of the keyis of the tolbuith door dureing the tym of the parlament but this same var delyverit to the Erl of Erroll and his debuttis to be keipit and vseit be thaim as they vald be ansuerabil · And this vas the forme and ordour quhilk I vill declair vpoun my conscience and knawledge. Subscriuit vith my hand At Dronlo the third day of September 1639 Befoir thir wittnessis Sir James Hay of Smeithfeild knight and barronet squyre of his Maiesteis bodie Mr John Hay sone to Andro Hay vryter Mr Villiam Powry vryter and Mr Robert Hay my sone. James Hay witnes Will Powry witnes Mr Jo: Hay vitnes W HAY XXII. FOLLOWIS THE COPPIE OF THE TOWNE OF EDINBURGH THAIR SUPPLICATIOUNE RED IN OPEN PARLIAMENT V AUGUST MDCXLI. My lordis of parliament Vnto your lordschips humlie meanis we your lordschips servitouris the proveist and baillies of Edinburgh That quhair vpon the first day of August instant Mr Thomas Lamb minister at Kirkurd was broght within our toune of Leith about nyn houris at night by certain persones quho had takin and apprehendit him as guiltie of the slaughter of vmquhill John Tutop committit be him neir to our said toune of Leith()/ and was im (1) [In his diary of the proceedings of the General Assembly of 1641, Principal Baillie, under the date of Sunday the first of August, writes: "That day ane very unhappie accident fell in the hand of a minister, Mr. Thomas Lamb, who had been deposed by the blind Bishop of Galloway, for diverse quarrells. The ministrie of Edinburgh had obtained to him a church in the Presbytrie of Peebles. The man had alwayes been of a verie contentious humour. Thay say he had striken a man, whereof he died. However his Presbytrie, for his perversness and contentions, had suspended him. He had appealled to the Generall Assemblie. The committee, on Saturday, had agreed them, and remitted him to the Presbyterie. On Sunday, after both sermons in Leith, he told Mr. James Power that he was displeased with that accord, and would complean to the Assemblie, both of the committee and his Presbytrie. Immediatelie goeing to ease himself among the stuffe, a young man to whom the stuffe belonged, fell upon him with evell language, taking up his cloake and gloves : after some mutuall jarring, when he had gotten his cloak and gloves again, he fell in some quarrelling with the young man, and with his whanger stroke him, whereof presentlie he died. He wrote a pitifull supplication to the Assemblie, to obtain some delay of his exe medeatlie incarcerat within the tolbuith of Leith quhair he remaineit till Mononday at tua houris eftir noone And from thence we transported him to the tolbuith of Edinburgh being of purpos to have put him to the knawledge of ane assyse as haveing committit the sam slaughter within the boundis and shirefdome of Edinburgh and liberties thairof or within the boundis of our regalitie of Broughtoune / But we haveing taken tryall and inquyrie of the place quhair the said slaughter was committit, and haveing fund the samyn to have bein done within the corneriggis of the baronie of Restalrig quhilk is no wayis within the boundis of our shirefdome of Edinburgh nor liberties thairof nor within the said regalitie of Bruchtoun / We abstein from putting of him to the knawledg of ane assys and reteines him in waird till he wer callit befoir the justice generall or his deputis and put to his tryall befoir tham And now latlie we have receaveit ane chairge from the Erle of Erroll and the Erle of Kingorne his tutour to exhibit the said Mr Thomas vpon the persut of thair procurator fiscall to tholl the law within our said tolbuith of Edinburgh, Quhilk we can not nor may not doe without our gritt prejudice, Seing thair is ane questioun depending betuixt the Constable and ws anent the rightis and liberties of the said Constabularie within the boundis of our said shirefdome liberties thairof and regalitie foirsaid. Heirfor we humblie intreat your lordschips to tak the premissis to your serious consideratioune, and to give ordour to the justice generall and his deputis to proceid and minister justice vpon the said Mr Thomas to quhom we sal be readie to exhibit him within our said tolbuith / And if that sall pleass your lordschips to give warrand to any vtheris and especiallie to the Constable that the samyn may be declared that it sall be without derogatioune to any of our liberties, and without acknawledgeing be ws of any right or privileidgis quhilk the said Constabill hes to judge within any pairt of our boundis and libeyties foirsaidis / Or to chairge ws to exhibit any persoune within any of our tolbuiths or wardhoussis / Protesting alwais Lykas we be thir presentes protestes That quhatsumeuir sall be done anent the premissis sall be without prejudice of our rightes and liberties in maner foirsaid. cution, till his wife and friends might come to him. This was granted. He obtained easilie a letter of sleans from the partie; bot we think The Constable will cause execute him; and so much the more, because he a minister, on the Sabboth-day, had committed that villanie in the tyme of the Assemblie and Parliament." Baillie's Letters and Journals, vol. i., pp. 367, 368. Edinb. 1841. 8vo.] XXIII. COPPIE OF THE ERLE OF ERROLL HIS BILL V AUGUST MDCXLI. My lordis and vtheris of the estaits of parliament Vnto your lordschips humblie meanis and schawis Gilbert Erle of Erroll Heiche Constabill of Scotland and John Erle of Kingorne my tutour testamentare for his entres That quhair we being informeit of the lait slaughter or murther of vmquhill John Tutop in Leith committit be Mr Thomas Lamb sometyme a preacher vpon the first day of August instant being Sunday at evene We as Heich Constabill be vertew of our office and conforme to our rights and privileidges directit furth preceptis And thairwith causit chairge the said Mr Thomas Lamb to compeir before ws and our deputis ane or mae coniunctlie or severallie in ane justice court to be halden be ws within the tolbuith of Edinburgh vpon the thrid day of August instant To vnderly the law for the said cruell murther and slauchter And lykwayis causeit chairge the proveist and baillies of Edinburgh to exhibit and produce the said Mr Thomas Lamb befoir ws in the said justice court to the effect foirsaid he being in thair pressoune and wairdhous And haveing causeit chairge ane inqueist to pas vpon his assyse and accordinglie conveineit in judgement and fenseit and held ane court for doeing justice in the said mater as being onlie proper judges thairto being a slauchter committit neir the heich court of parliament And haveing callit the said Mr Thomas Lamb delinquent to appeir and the saidis proveist and baillies to exhibit and produce him befoir ws as they wer chairgeit and requyreit thairto And they haveing failyeit thairin Compeireit personallie Sir John Hamiltoune of Prestoune and Mr William Hoge advocat quha produceit ane pouer subscryvit be the said Mr Thomas for tham to appeir for him and in his name befoir ws beareing his willingnes and reddines to enter on pannell conform to the chairge gevin to him for that effect But in respect he was incarcerat within the tolbuith of Edinburgh and deteineit thairin be quhat warrand we know not he could not appeir personallie So that it appeirs the saidis proveist and baillies of Edinburgh hes neglectit and contemnit the chairge gevin to tham in maner foirsaid quhairby justice is frustrat his Maiesties auctoritie wrongeit and I as Heich Constabill of Scotland prejudgeit and wrongeit in my office right and priveledge in judgeing of the said fact. Heirfor we humblie beseik your lordschips to |