Genealogie of the Hayes of Tweeddale
(111) Page 87
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GENEALOGIE OF THE HAYES. 87
bussiness endured a year and a halfe in dyets, and yet not closed, and
most part procured by himselfe, and by such as under hand deall for him,
bot as for me, I humblie, without repyning, with all patience, subjected
my selfe to your dyets, and what delay it lies now taken I am not in mora,
bot your Lordship who delayed me, and pressed me with delayes, where-
unto I gave way, and wold to God the last act had not taken the halt-
ing which it hed gottin ; and although in all criminall persutes, as ar ex-
tant in registars and bookes of adjurnell, the dyets ar from Frydayes to
Weddensdayes, and so vicissim, yet my handling wes so short that my
persutes held from morning till evening, and continued bot from most
to morning, untill the dittay wes qualified, except one day when your
Lordship's sickenes maid interuptione, and now when I stand heir upon
the perill of my head and honour, a small delay is refused to me. To
the 2d : This Act is of such weight, partlie for the convenient objec-
tiones against ane unjust and partiall assyse, and partlie for the ex-
ceptiones against the verificatione and probatione of my indy tement, and
instruction hinc inde to the inquest, and for clearing of my innocence,
that on it depends the substance of all. And to the last parte, his papers
will supplie his absence, I answer that the case of my cause is deverse
from the former, because now my answers must not be exceptiones against
the relevancie, which is nullius juris ; but they must result upon such
argument of the King's Advocate, as he shall use for verefeing my dit-
tay, and pressing the probatione. Then the Lord Justice said, ye have
gotten delayes and favours enew, and you can not be granted in a
pretended sicknes : As for your Advocat you have many moe with-
out him, and my assessors tells me it is not the forme, therefor content
you : Then said Balmerino, I pray your Lordship, believe me, I beg
this favour not to postpone time, or to delay Justice, neither out of
the diffidence of my innocencie, nor yet out of fear or distrust, to submit
myselfe to the last dobme and verdict of my noble Pears, but onlie I desire
not to be accessarie to my owne suffering, in my neglect to present to
bussiness endured a year and a halfe in dyets, and yet not closed, and
most part procured by himselfe, and by such as under hand deall for him,
bot as for me, I humblie, without repyning, with all patience, subjected
my selfe to your dyets, and what delay it lies now taken I am not in mora,
bot your Lordship who delayed me, and pressed me with delayes, where-
unto I gave way, and wold to God the last act had not taken the halt-
ing which it hed gottin ; and although in all criminall persutes, as ar ex-
tant in registars and bookes of adjurnell, the dyets ar from Frydayes to
Weddensdayes, and so vicissim, yet my handling wes so short that my
persutes held from morning till evening, and continued bot from most
to morning, untill the dittay wes qualified, except one day when your
Lordship's sickenes maid interuptione, and now when I stand heir upon
the perill of my head and honour, a small delay is refused to me. To
the 2d : This Act is of such weight, partlie for the convenient objec-
tiones against ane unjust and partiall assyse, and partlie for the ex-
ceptiones against the verificatione and probatione of my indy tement, and
instruction hinc inde to the inquest, and for clearing of my innocence,
that on it depends the substance of all. And to the last parte, his papers
will supplie his absence, I answer that the case of my cause is deverse
from the former, because now my answers must not be exceptiones against
the relevancie, which is nullius juris ; but they must result upon such
argument of the King's Advocate, as he shall use for verefeing my dit-
tay, and pressing the probatione. Then the Lord Justice said, ye have
gotten delayes and favours enew, and you can not be granted in a
pretended sicknes : As for your Advocat you have many moe with-
out him, and my assessors tells me it is not the forme, therefor content
you : Then said Balmerino, I pray your Lordship, believe me, I beg
this favour not to postpone time, or to delay Justice, neither out of
the diffidence of my innocencie, nor yet out of fear or distrust, to submit
myselfe to the last dobme and verdict of my noble Pears, but onlie I desire
not to be accessarie to my owne suffering, in my neglect to present to
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| Histories of Scottish families > Genealogie of the Hayes of Tweeddale > (111) Page 87 |
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| Permanent URL | https://digital.nls.uk/94739151 |
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| Description | By Father Richard Augustin Hay, Prior of St. Pieremont, including memoirs of his own times. Edited by James Maidment. Edinburgh : T. G. Stevenson, 1835. Contents: Introductory notice by the editor; including a list of the mss. of Father Hay now in the Library of the Faculty of advocates.--Genealogie of the Hayes of Tweeddale.--Father Hay's memoirs of his own times.--Appendix: 1. Carta Adæ comitissæ. 2. Ane epitome or abridgement of what past at the L(ord) B<almerino> his arraignment criminall before the justice. 3. Ceremonial of burning the pope, 30th November 1689. 4. Account of John Chiesly of Dalry. 5. An account of the misfortunes of Mrs. Erskine of Grange, commonly known as Lady Grange. 6. elegy on the lamented death of Lord John Hay, marquis of Tweddel. |
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| Shelfmark | H.19.c.59 |
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| Description | A selection of almost 400 printed items relating to the history of Scottish families, mostly dating from the 19th and early 20th centuries. Includes memoirs, genealogies and clan histories, with a few produced by emigrant families. The earliest family history goes back to AD 916. |
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