[Supplication of the town of Edinburgh regarding their jurisdiction in the trial of Mr Thomas Lamb]

Supplicatiounes Lord Constable of Scotland and the toun of Edinburgh, with the parliament's delyverance thairupoun 5 Augusti 1641

My lordis of parliament, unto your lordships humblie meynis we, your lordships servitors, the proveist and baillies of Edinburgh, that quhair upone the first day of August instant Maister Thomas Lamb, minister at Kirkurde, was brocht within our town of Leith about nyne houres at nicht by certan persounes who had taiken and apprehendit him as guiltie of the slauchter of umquhill Johnne Tittop, committit be him neir to our said toun of Leith, and wes immediatlie incarcerat within the tolbuith of Leith whair he remaynit till Mononday at tua houres efternoone; and frome thence we transported him to the tolbuith of Edinburgh, being of purpose to have putt him to the knawledge of ane assyse as haveing committed the same slauchter within the bounds and shirrefdome of Edinburgh and liberties thairof, or within the bounds of oure regalitie of Brochtoun. Bot we, haveing taiken tryell and inquirie of the plaice wher the said slauchter wes committed and haiveing fund the samen to have bein doone within the corne riggis of the barronie of Restalrig, whilk is nowayis within the bounds of oure shirrefdome of Edinburgh nor liberties thairof, nor within the said regalitie of Brochtoun, we abstein frome putting of him to the knawledge of ane assyis and retenis him in waird till he wer callit before the justice generall or his deputtes and putt to his tryell before thame. And now latelie we have ressavit ane chairge frome the Erle of Erroll and the Erle of Kingorne, his tutor, to exhibite the said Maistir Thomas upone the persute of ther procurator fiscall to tholl the law within oure said tolbuith of Edinburgh, quhilk we can not nor may not doe without oure gritt prejudice, seing ther is ane questioun depending betuixt the constable and ws anent the richtes and liberties of the said constabularie within the bounds of our said shirrefdome, liberties therof and regalitie foresaid. Heirfore we humblie entreat your lordship to tak the premissis to your serious consideratioun, and to give ordour to the justice generall and his deputtis to proceid and minister justice upone the said Maistir Thomas, to whome we sall be readye to exhibite him within oure said tolbuith. And if that sall pleis your lordship, to give warrand to anye uthers and especiallie to the constable that the same may be declared that it sall be without dirogatioun to anie of oure liberties and without acknowledging be ws of onie richt or priviledges quhilk the said constable hes to judge within any pairt of oure bounds and liberties foresaid, or to chairge ws to exhibite anie persoun within any of our tolbuithes or wairdhousis, protesting alwayes (lyik as we be thir presents protestis) that whatsumever sall be done anent the premissis sall be without prejudice of oure richtes and liberties in maner foresaid.

Tertio Augusti 1641

Petition of the toune of Edinburgh red in audience of the parliament. Continewis quhill the morne. The deliverance given up to the notor public.

  1. NAS, PA6/4, 'August 5 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. This clause is written on the rear of the document. Back