have consideratioune of the premisses and to give expres ordour and warrand be thir presentis to a messenger of armes or meassir to command and chairge the saidis proveist and baillies of Edinburgh To exhibit and produce the said Mr Thomas Lamb delinquent befoir ws and our deputtis ane or ma coniunctlie or severallie in the justice court to be haldin be ws as Constabill foirsaid or be our deputtis ane or mae vpon the fiyft day of August instant in the houre of caus and at all vthir dyettis to be appoyntit and affixit be ws in the said mater or in ony vthir of that kynd as the samyn sall happen to fall out And your lordschips ansuer · XXIV. COPPIE OF THE DECREIT VPON THE BAK OF THE SAID BILL V AUGUST MDCXLI. The estaits of parliament eftir reiding of this supplicatioune togither with some remonstrances heirwith produceit be the Errle of Erroll Ordaines the proveist and baillies of Edinburgh to exhibit the withinwrittein delinquent befoir the Constabill or his deputtis ane or mae to the effect within mentionat / But prejudice allwayis of the Errle of Erroll or toune of Edinburgh thair rights or privileges prout de jure: And ordaines the clerk to delyver to ayther pairtie the dowble of this supplicatioune with this delyverance thairof together with the dowble of the remonstrance heirwith exhibit be the Erle of Erroll / subscryvit vnder his hand. Sic subscribitur · BURGLIE J. P. D. parl. XXV. REMONSTRANCE THE LORD CONSTABLE TO THE ESTATES OF PARLIAMENT. V AUGUST MDCXLI. The humbill remonstrance of the Erle of Erroll Heiche Constabill of Scotland vnto the supreme court of parliament now convenit It is in all humilitie represented vnto the estaits of parliament That if thair wer any necessitie for the Lord Constabill at this tym to disput his richtis and privieledges dew to that office Or if any member of the parliament did doubt or wer not acquainted with the saidis privieledges: It wold be maid cleirlie to appeir That the Lord Constabill is onlie suprem judge in all materis of ryott disorder blood and slauchter comittit within four mylles of the Kingis royall persoun parliament or counsall representing the auctoritie royall in his Maiesties absence/ And the proveist and baillies of that burghe and all vther judges quhair the saidis factis ar committit ar obleist to ryse and concur and mak thair tolbuthes patent for ressaueing of malefactouris / And particularlie this micht be maid appeir by bandis maid be the toun of Edinburgh to the Lord Constabill concerning that purpose Lykas the Constabill hes diuerse decreitis againes the toun of Edinburgh in foro contradictorio dischargeing thame from censuring of any materis of slauchter blood or ryot within four myllis to his Maiesties persone parliament or counsall. Item the Lord Constabill hes the chairge trust and keiping and guarding of the Kingis royall persoun and of the parliament hous quhair the estaitis and peeris of the land are conveined in tym of parliament with manie vthir privieledges dew to that place. But seing thair is no necessitie to disput any richt or privieledge dew to that office at this tyme the samyn being notour to the estaits of parliament / The Constabill absteines and desyres not to be drawen to vnnecessarie disput heiranent. But in all humilitie representis to the parliament That seing the Lord Constabill is ane of the pryme officeris of the croune the mainteining and vindicatting of his power and privieledges dois verie neirlie concerne the honour of the natioun and the estaitis of this kingdome as being a place of suche trust and eminencie quhairin the Constabill being a servant to his Maiestie and the parliament They ar obleist to protect and mainteine the privieledges of that service. And seing the toun of Edinburgh confessis in thair awin bill That they have nor pretend no intres in the mater now contravertit concerning Mr Thomas Lamb in respect it is grantit be the toun of Edinburgh in thair awine bill that the fact was committit without thair boundis and liberties It is humblie desyrit that the Lord Constabill may have warrand To proceed to the tryell and punisching of that slauchter comittit be the said Mr Thomas / as the onlie competent judge thairto, Seing it is vncontravertabill that the power of all magistratis ather of royaltie or regalitie in criminall causes sleipes and seids to the Lord Constabillis jurisdictioun in tym of parliament And it wer a great derogatioun to the honour of the Kings Maiestie and parliament iff any inferiour judge sould have the power of cognosceing and jurisdictioun in materis criminall quhair his Maiesties persoun parliament or suprem counsall sittis Becaus these suprem judicatories representis his Maiesties awin persoun and the bodie of the kingdome over quhom no inferiour judge sould have power of jurisdictioun Nather sould the toun of Edinburgh be admittit to appeir or have ather any declaratioun or protestatioun in their favouris Seing in the particular now contravertit they confes they have no entres as said is in respect the toun of Edinburgh grantis that the slaughter was committit vpon boundis which is without thair jurisdiction and liberties. 4 Feb. 1646. furds declara tion. XXVI. DECLARATION BY JOHN EARL OF CRAWFURD LINDSAY HERI- I Johnne Erle of Crawford Lindsay heretabill baillie of the regalitie of Erle of Craw- Sanct Androis be thir presentis declairis that what of lait hath beine done be my deputs in executing of ane woman callit Katherene Fletcher induellar in Sanct Androis for the murthering of hir awin chyld immediatlie efter the birth And whilk fact was comitted be her within the said citie dureing the tyme of the sitting of the parliament thairin Shall nawayis be prejudiciall or derogatorie to the Erle of Errollis right as Heigh Constable of Scotland Nather shall the executing of the said woman strenthen nor corroborat my right of heretabill bailliarie of the said regalitie of Sanct Androis in prejudice of the said Erle of Errollis right or possessioun as Heigh Constable of Scotland Nather shall this declaratioun emitted and subscryvit be me be prejudiciall to my right of heretabill bailliarie foirsaid as accords of the law Nather shall evir the executeing of the woman be objected or alleadged be me as any possession in prejudice of the said Erle of Errolls right And for the mair security heirof I am content that thir presentis be insert and recordit in the bookis of parliament etc XXVII. PETITION GILBERT ELEVENTH EARL OF ERROLL TO CERTAIN COMMISSIONERS APPOINTED BY THE COMMONWEALTH OF ENGLAND. MDCLIV. To the right honorabill the Commissioners for taking aff and mitigatioun of ffynes Humblie scheweth The petitioun of Gilbert Erle of Erroll That quhairas by the ordinance of pardone and grace to the people in Scotland thair is imposed vpon your petitioner ane fyne of twa thowsand pund sterling quhich he humblie conceaves to have bene done vpon some mistakis anent his deportment and estate Thairfoir the petitioner dooth make aplicatioun to your lordschips who ar authorized to rectifie such mistakis, and for cleiring thairof to offer to your serious considderatioun these particulars. 1. The petitioner having lived hithirtill without any suspitioun of popery he thinkis he needs not cleir himself thairof as being notourlie knawin to all that he is no papist Bot that he hath constantly professed and firmelie adheard to the trew protestant religioun from his childhead . 2. The petitioner wes nethir at Prestoun, Dunbar, nor Worcester, And did not invade Ingland in the yeirs 1648, 1650, nor 1651, nor wes he a promover or active in carying on of any warr against England the saids yeirs or any of thame being all that tyme through minoritie and nonage vnder the governement of tutouris and curatouris and for the most pairt at schooles. 3. The petitioner not having attained to majoritie or the age of twentie ane zeirs till Junij 1652 wes not in a capacitie be the lawis of the natioun to sitt as a member of parliament or committie of estaits the foirsaidis yeirs or any of thame Bot the truth is that the petitioner being by his birthright and by successioun of many ages High Constable of Scotland, ane place of great eminencie and trust in this natioun / was severall tymes during the yeirs of his pupillarity and minoritie brought by his tutouris and curatouris from the schooles to be present at some parliaments and committies only for preserving his office and to site thair in The Constables chaire and to look vpon the guarding and ordering of the hous of parliament as properly belonging to The Constables place Quhich he humblie conceaves can infer noe guilt vpon him as on that had vote in parliament or had accession to the carying on of any designes thairin And tho the parliament did at sometymes (in his minoritie) give him the name of a collonell or member of committies Yitt that cannot be a ground to infer any guilt or prejudice vpon the petitioner Becaus as he wes all that tyme still minor so he nevir owned nor actit in any charge in the armyis nather did he follow court nor armyis during the Kingis abode in Scotland, saiff that he came once to Stirling in Junij 1651 and stayed only some few dayes thair quhair your petitioner refuisit and demittit the charge of a regiment of horss quhairvnto the parliament had named him quhich wes lookd vpon with ane evill eye by all then in power quhairvpon your petitioner reteirit presentlie to his awin hous quhair he hath evir lived peaceablie since. 4. Since the present authority wes establisched in this natioun, and since his majoritie The petitioner hes bene constant in his obedience and submissioun to the samyn fforalsmuch as quhen the Inglisch forces first entered the north of Scotland the petitioner wes on of the first of his qualitie who submittit thairto And that his submissioun and peaceable cariedge since hes had no small influance vpon many persounes of all degries in that pairt of the countrie And in this late insurrectioun in the north pairtis though the petitioner wes in occasioun of temptatioun, and in some capacitie to have bene als active as vtheris who having bene laitlie in armes have come of vpon capitulatioun and ar exempted from thair fynes Yit he hes bene fixed in his resolutioun to live peaceablie and hath still eschewed all occasiounes of temptatiounes quhilk many of his aige and place micht have bene drawin and seduced vnto And that without the least intentioun of complyance with these persones who did ryse in armes / And so hath deserved by his good cariage to be takin in favourable considderatioun. 5. As to the petitioners estate quhen the rentall of it and the specificatioun of the vast burthenes left vpon it by his father (who died in the yeir 1636 quhen your petitioner wes bot fyve yeirs of aige) sall be exhibeit to be considderit by your honors It will be evident how far his conditioun is mistaken and how vnable the petitioner is to pay the fyne imposed on him or ony pairt thairof without vtter rwine to himselff and familie. Inrespect quhairof it is humblie desyred that your honors wold be pleased to tak of and discharge the said fyne in sua far as your |