sum false rumouris and bruttis thair fpred, in extenuating the qualitie of the offence one his pairt, and deryveing in fum fort a pairt of the blame of that mater on ws; as it is a proud malapairt baldnes and prefumptioune for the best of our fubiectis to medill in ony thing that may concerne our credeit and honour, without a varie good warrant; and that all pretenffes of mistaking our trusting to wncertane reportis ar fo far to be misregairdit, as thay rather justlie deferue the greater feueretie to be vsed aganes fuche as will execufe tham felffis thairby; fo, to repreffe such infolent wantonnes, in any of our subiectis pair, who aither out of malice doe forge thame, or out of thair vaine, folefhe, and idill breanes do frame thame, We will and command 30w to tak particular tryall of all fuche as hes bene or heirefter falbe fpreddaris of ony rumouris or bruttis in this mater, wtherwayis nor falbe by the faid Archbishop reportit wnto 30w; and that 30w caus the rigoure and extreamitie of our lawis to be execut aganes thame that thairin We may have a fpeciall prooff quhat dew accompt 30w mak of our reputatioune and credit, which wnto ws (is) moir deirar nor our varie lyffe! And referring all farder to the Archbishopis relatioune, whome We will 30w to truft, We bid 30w fairweill. FROM Our Court, at Roystoun, the 21 of November, 1608. [JAMES R.] To our rycht truftie and weilbelouit cofinges and counfallouris, the Erll of Dumfermeling, our Chancellar, and remanent Lordis and wtheris of our PRIVIE COUNSALL of that our Kingdome of SCOTLAND. X. LETTER from THE PRIVY COUNCIL OF SCOTLAND to THE KING. Moift gratious Souerane, WE reffaveid your Ma. Letter of the 21 of November; and hes hard, at greitt lenth, the relatioune made by the reverend Fader in God 3our truftie Counfallour the Archbishope of Glasgow, anent the Confeffioun and hole circumstances of that lang obfcured and moist heynous and inexcuiffabill offence committit be the Lord Balmerinoch aganes 3our credeit, honour, and reputatioun ; quhairin, as fencibill and feeling memberis of fo glorious and gratious a head, finding our awin intereffis, greiff and forrow that zour Mas most famous and vnfpotted name, honoure, and credeit, which your heynes hes to this houre fo religiouslie confervit in all puritie, fould have beene fo wnworthellie, and in fo heich a point, brocht in queftioun be ony of our number, quho hes that honour to be selectit be 3our Ma. to the cheiff credeit of 3our fervice heir; fo, with moift joyfull, humbill, and thankfull hartis to God, we acqnawleg that greit bliffing and benefeit which it hes pleafit his Devyne Matie to fchew wnto our hienes by the detecting and difcoverie of that purpoife, and vindicatting the finceretie and innocencie of zour royall hart frome all fufpitioune of the wrangoufe and wniuft imputationes which 3our heynes wnderlay thairin; manifefting thairby his Devyne caire and Providence which he hes evir had over 3our facreid perfoune, honour, and eftait, and in quhat deteftatioune he holdeth all practizes and purpoiffes prejudiciall thairvnto. And quhairas, in the cenfuring of this fact befoir 3our Mas honourabill Previe Counfall of that kingdome, thay, be 3our Ma. directioune, (we doubt not) have remittit the full tryall pairof to the lawis and formes of this country, with many demonftratiounes and oppin Speaches, concerning the good opinioune thay have of the equitie of our lawis, and cinferitie of our effectioune in 3our Ma. service, we have not onely infinite occafioune, with all humilitie, first to thank 3our facred Ma., and nixt thame, for fo refpective a refervatioune to ws of that whiche 3our Ma. knowis to be proper and dew to the privilege and freedome of this 3our auntient and nobill Croune. Bot we hop, God willing, to give wnto 3our Ma. a prooff, with all fidelitie, caire, and finciretie, we fall profequute and follow out quhatevir it fall pleis zour facreid Ma. in 3our princely wifdom to command, als weill in this as in any wther thing els, tuiching 3our hienes, in honour and eftate. And, in the meantyme, if any of 3our Ma. fubiectis hes bene or falbe fo wndewtifull, fooleithe, and wnworthie, as to give oute any false bruittis and rumouris aganes the wndouttit trewth and varitie of this mater, or to the extenuatting pairof in any poynt, we fall not faill fo exactlie to examen, try, and puneifhe the famen, as wtheris falbe terrifiet to fall in the lyk errour heirefter. And fua, praying God still to vp 604 CRIMINAL TRIALS. A.D. 1609. hold your facreid Ma. with all 3our royall progenie wnder his Dewyne protectioune and fauffgaird, we reft for ever 3our Ma. moft humbill and obedient fubjectis and feruitouris, A. CANCELLS. SANTAND. MAR. PERTH. LOTHEANE. BUGCLEUCHE. TORPHICHEN. ED', 6 December, 1608. XI. LETTER from THE KING to THE PRIVY COUNCIL OF SCOTLAND, with RICHT truftie and weilbeloveit coufines and Counfallouris, We greete 30w weel. WNDERSTANDING of the evill conftitutioun in helth, and feiknes in body, of the leat Lord of Balmerinoch, by reffoune of his detentioune and cloife keiping within our Palife of Falkland, and in the foire Toure1 pairof; and humill fute, for this caus, being mead wnto ws, for his enlargement, in fum foirt; We haif bene pleiffit to grant our Licence, for his libertie and friedome, within our faid Palice and a myle in circuite round about the fame; upoun conditioun alwayis, that he doe not tranfcend the boundis prefixit; and that he find fufficient refponfuall landit gentill men actit in 3our buikis, as cautioneris and fouerteis for his performance of the faid conditioune, vnder the pane of xlm li. vfual Scoittis money. For whiche caus, We haue thocht meet to will 30w to direct to the faid Court of Falkland, quhair his prefent place and refidence of abode is, zour Clerk of Counfell, with the Licence heirwith fent, commanding our faid Clerk to reffaue the foirfaid act of cautioun of fufficient landit men, boundin vnder the foume aboue fpecifeit, for performing the conditioune aboue writtin, of his conteining him felff and not exceiding the boundis of his confynning; and heirvpoun the faid Clerk to delyver vnto him the foirfaid Licence, to be his warrand of this his enlairgment. And fo We bid 30w ffairweele. RoysToUNE, firft of October, 1609. [JAMES R.] Slaughter. Mar. 14, 1609.-JOHN GLENDONING of Drumrafche. Dilaitit of airt and pairt of the flauchter of vmqle George Stewart, brother germane to vmqle Mathow Stewart of Dunduf. PERSEWAR, Williame Stewart of Dunduf, brother-fone. THE JUSTICE, of confent of ather pairtie, Continewis this dyet to the thrid day of the Air,3 (Kirkculdbricht?") or foner vpone xv dayis wairning. 1 Fore or front tower. 2 L.40,000. * What took place at the Justice-air has not fallen under the Editor's observation. It is likely the case was compromised by payment of a pecuniary fine to the private prosecutor; on which Letters of Slaines' would follow, as a warrant for the King's Remission. In cases of Slaughter or unpremeditated Homicide, in a skirmish, it was a common manner of withdrawing the instance, for both parties to concur in a continuation of the diet to the Justice-air. Another mode was to use influence with the Baron of the Regality,' &c. within whose jurisdiction the parties resided, to repledge them to his Court, and where the matter was easily hushed up. The King's Remission, in case of accidents, was also afterwards procured, lest future feud should occasion a renewal of the prosecution, and perhaps terminate fatally to the homicide. Bayerische MUNCHEN |