[A1641/7/30]¹

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

Lord Constabillis bill²

My lordis and uthairs of the estaits of parliament, unto your lordships humblie meanes and schawis Gilbert, erle of Erroll, heiche constabill of Scotland, and Johne, erle of Kingorne, my tutour testamentar for his intres, that quhair we being informet of the laitt slauchter or murthere of umquhill Johne Tutop in Leith committit be Maistir Thomas Lamb, sumtym a preacher, upon the first day of August instant, being Sunday at even, we, as heich constabill, be vertew of oure office and conform to oure richts and priviledges, directit furth precepts and thairwith causet chairge the said Maistir Thomas Lamb to compeir befoir ws and oure deputs, ane or mae conjunctlie or severallie, in ane justice court to be holden be us within the tolbuth of Edinburgh upon the thrid day of August instant to underly the law for the said cruell murther and slauchter. And lykwayis causet chairge the proveist and baillies of Edinburgh to exhibeit and produce the said Maistir Thomas Lamb befor us in the said justice court to the effect foirsaid, he being in thair prissoun and wairdhous. And haveing causet chairge ane inqueist to pase upon his assyse, and accordinglie convenit in judgement and fenset and holden ane court for doing justice in the said mater as being onlie proper judges thairto, being a slauchter comittit neir the heiche court of parliament; and haveing callit the said Maistir Thomas, delinquet, to appeir, and the saids proveist and baillies to exhibeit and produce him befor us as they wer chairget and requyret thairto, and they haveing failyeit thairin, compeirit personallie Sir Johne Hamilton of Prestoun and Maistir William Hog, advocat, quha producit ane power subscryvet be the said Maistir Thomas for thame to appeir for him and in his name befor ws, beiring his willingnes and reddienes to enter on pannell, conform to the chairge gevin to him for that effect. But inrespect he wes incarcerat within the tolbuith of Edinburgh and detenit thairin be quhat warrand we know not, he could not appeir personalie, so that it appeirs the saids proveist and baillies of Edinburgh hes neglectit and contemned the chairge gevin to thame in maner foirsaid, quhairby justice is frustrat, his majesties auctoritie wrongit and I, as heich constabill of Scotland, prejudget and wrongit in my office, richt and privieledge in judgeing of the said fact. Heirfore we humblie beseik your lordships to have consideratioun of the premisis and to give expres ordour and warrand be thir presents to a messengur of airmes or maisser to command and chairge the saids proveist and baillies of Edinburgh to exhibeit and produce the said Maistir Thomas Lamb, delinquent, befor us and our deputs, ane or ma conjunctlie or severallie, in the justice court to be holden be us as constabill foirsaid or be our deputs, ane or ma, upon the fyrst day of August instant in the hour of caus and at all uthair dyets to be appoyntit and affixt be us in the said mater or in any uthair of that kynd as the samyn sall happin to fall out. And your lordships answer.

Tertio Augusti 1641

Red in audience of the parliament.

Quinto Augusti 1641

The estaittis of parliament, efter reiding of this supplicatione, togidder with some remonstrances heirwith produced be the Erle of Erroll, ordanes the provest and baillies of Edinburgh to exhibite the withinwritten delinquent befoir the constable or his deputtis, ane or mae, to the effect withinmentionate, but prejudice alwayis of the Erle of Erroll or towne of Edinburgh their rightis or priviledgis provt de jure. And ordaines the clerk to delyver to ather pairtie the dowble of this supplicatioune with this delyverance thairof, togidder with the dowble of the remonstrance heirwith exhibite be the Erle of Erroll, subscryved under his hand.

Burghly, I[n] p[raesentia] d[ominorum] parl[iamenti]³