[A1641/7/29]¹

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

Supplications of [Gilbert Hay, earl of Erroll], lord constable of Scotland, and the town of Edinburgh, with the parliament's deliverance thereupon 5 August 1641²

My lords of parliament, to your lordships humbly means we, your lordships' servants, the provost and bailies of Edinburgh, that where upon 1 August instant Master Thomas Lamb, minister at Kirkurd, was brought within our town of Leith about 9 o'clock at night by certain persons who had taken and apprehended him as guilty of the slaughter of the late John Tittop, committed by him near to our said town of Leith, and was immediately incarcerated within the tolbooth of Leith where he remained until Monday at 2 o'clock after noon; and from thence we transported him to the tolbooth of Edinburgh, being of purpose to have put him to the knowledge of an assize as having committed the same slaughter within the bounds and sheriffdom of Edinburgh and liberties thereof, or within the bounds of our regality of Broughton. But we, having taken trial and inquiry of the place where the said slaughter was committed and having found the same to have been done within the corn rigs of the barony of Restalrig, which is in no way within the bounds of our sheriffdom of Edinburgh nor liberties thereof, nor within the said regality of Broughton, we abstain from putting of him to the knowledge of an assize and retain him in ward until he were called before [Sir William Elphinstone], justice general, or his deputes and put to his trial before them. And now lately we have received a charge from [Gilbert Hay], earl of Erroll and [John Lyon], earl of Kinghorn, his tutor, to exhibit the said Master Thomas upon the pursuit of their procurator fiscal to suffer the law within our said tolbooth of Edinburgh, which we cannot nor may not do without our great prejudice, seeing there is a question depending between the constable and us regarding the rights and liberties of the said constabulary within the bounds of our said sheriffdom, liberties thereof and regality foresaid. Therefore we humbly entreat your lordship to take the premises to your serious consideration, and to give order to the justice general and his deputes to proceed and administer justice upon the said Master Thomas, to whom we shall be ready to exhibit him within our said tolbooth. And if that shall please your lordship, to give warrant to any others and especially to the constable that the same may be declared that it shall be without derogation to any of our liberties and without acknowledging by us of any right or privileges which the said constable has to judge within any part of our bounds and liberties foresaid, or to charge us to exhibit any person within any of our tolbooths or wardhouses, protesting always (likewise we by this supplication protest) that whatsoever shall be done regarding the premises shall be without prejudice of our rights and liberties in manner foresaid.

3 August 1641

Petition of the town of Edinburgh read in audience of the parliament. Continues until tomorrow. The deliverance given up to the notary public.³