[A1641/7/30]¹

[Supplication of the lord constable regarding his jurisdiction in the trial of Mr Thomas Lamb]

[Gilbert Hay, earl of Erroll], lord constable's bill²

My lords and others of the estates of parliament, to your lordships humbly means and shows Gilbert, earl of Erroll, high constable of Scotland, and John [Lyon], earl of Kinghorn, my tutor testamentar for his interest, that where we being informed of the late slaughter or murder of the late John Tittop in Leith committed by Master Thomas Lamb, sometime a preacher, upon 1 August instant, being Sunday at evening, we, as high constable, by virtue of our office and according to our rights and privileges, directed forth precepts and therewith caused charge the said Master Thomas Lamb to compear before us and our deputes, one or more jointly or separately, in a justice court to be held by us within the tolbooth of Edinburgh upon 3 August instant to underlie the law for the said cruel murder and slaughter. And likewise caused charge the provost and bailies of Edinburgh to exhibit and produce the said Master Thomas Lamb before us in the said justice court to the effect foresaid, he being in their prison and wardhouse. And having caused charge an inquest to pass upon his assize, and accordingly convened in judgement and fenced and held a court for doing justice in the said matter as being only proper judges thereto, being a slaughter committed near the high court of parliament; and having called the said Master Thomas, delinquent, to appear, and the said provost and bailies to exhibit and produce him before us as they were charged and required thereto, and they having failed therein, compeared personally Sir John Hamilton of Preston and Master William Hogg, advocate, who produced a power subscribed by the said Master Thomas for them to appear for him and in his name before us, bearing his willingness and readiness to enter on panel, according to the charge given to him for that effect. But in respect he was incarcerated within the tolbooth of Edinburgh and detained therein by what warrant we know not, he could not appear personally, so that it appears the said provost and bailies of Edinburgh have neglected and contemned the charge given to them in manner foresaid, whereby justice is frustrated, his majesty's authority wronged and I, as high constable of Scotland, prejudiced and wronged in my office, right and privilege in judging of the said fact. Therefore we humbly beseech your lordships to have consideration of the premises and to give express order and warrant by this supplication to a messenger of arms or macer to command and charge the said provost and bailies of Edinburgh to exhibit and produce the said Master Thomas Lamb, delinquent, before us and our deputes, one or more jointly or separately, in the justice court to be held by us as constable foresaid or by our deputes, one or more, upon 1 August instant in the hour of cause and at all other diets to be appointed and affixed by us in the said matter or in any other of that kind as the same shall happen to fall out. And your lordships' answer.

3 August 1641

Read in audience of the parliament.

5 August 1641

The estates of parliament, after reading of this supplication, together with some remonstrances herewith produced by the Earl of Erroll, ordain the provost and bailies of Edinburgh to exhibit the written within delinquent before the constable or his deputes, one or more, to the effect mentioned within, without prejudice always of the Earl of Erroll or town of Edinburgh their rights or privileges proved by law. And ordain the clerk to deliver to either party the duplicate of this supplication with this deliverance thereof, together with the duplicate of the remonstrance herewith exhibited by the Earl of Erroll, subscribed under his hand.

[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament³