Genealogie of the Hayes of Tweeddale

96 APPENDIX TO THE
as to a minister, my Lord St. Androes offered to preach to yow himselfe ;
2, as for a physician, it was fatall to prisoners indicted as yow wer to
want a physician ; 3, as for libertie to walke out, he said, the constable
knew his dewtie. To quhom Balmerino answered, I wonder that the
Clerk Register should be so forgetfull, and please to jugle and smoir
the truth. As for St. Androes, he sent onlie word, as your Lordships
well know, that he would send the Bishope of Edinburgh to say service,
and I said, that he and his service should be welcome. I have thrie
ministers in the Presbyterie of Edinburgh, to quhom I pay stipend, and
I beged on stipend in the weike from anie on of them, ether on the weike
day or fortnight, and was refused. And for the Constable, he was
charged, upon the perill of his head, to let me sie the lift, and his com-
mission or warrant, } r et extant, beares closse ward under highest paines.
Then the Clerk Register upraided the Advocat in letting him accuse the
Committie, and bade him bitterlie oppose, as one that knew the con-
trarie ; quherupon the Lord Advocate said, if there was any such pro-
mise maid by my Lord St. Androes, as he could not weill remember,
it was referred onlie to the dittay, that it should not be a point
of cryme it selfe, hot it wes not restrained from the qualificatione
of the dittay libelled against him : [he] affirmed that my Lord Chanceller
loved my Lord Balmerino als well as his sone that sat ther, pointing to
the President. Therat Balmerino gave a smylling bow or cringe. And
in end, the King's Advocate confirmed, that he remembred not that he
hard my Lord St. Androes utter such words, or, at least, in these words.
To quhom Balmerino, with a modest countenance, said, St. Androes
speakes a litell low, et tu aliquando audis male, I will not say male audis ;
and as to the Advocafs glosse of the words, he called it a tergiversa-
tione, and a sophisticall evasione. Then in great choller, Sir Johne Hay
said, you spake not the truth of the Committie, and that 7 of the Com-
mittie wold say the contrarie : To quhom Balmerino replyed, I speake
nothing but the truth, and if you and all the Committie will say the con-