Genealogie of the Hayes of Tweeddale

98 APPENDIX TO THE
not gottin out nor objected. The Erale of Lautherdale maintained his
innocencie with great boldnesse against Traquair, from the closing of
the Assysses at 8 of clock at night, till 4 in the morning, yea, as is open-
lie reported and averred in the Assyse, that in the presence of anie Prince
of the world, he wold maintaine that writt to be no seditious libell.
And the Erie of Murray hearing them at such protestations of law,
burst furth in these words, — " I have no pen and inkhorne termes of law,
" bot, upon my salvatione, I hold my Lord Balmerino als faithfull and
" loyall a subject to our Master as any he hes ; and althought my head
" should goe with his, for all the world I wold not fyll him." Bot the Lord
Traquair's voyce, being Chancellor of the Assyse, carred it by on ; so
that he wes fylled of concealling, and not revealling, and some adde, of
being author, quhilk wes also, as is reported, interlyned in the Judge's
sentence, because he revealled the libell, bot not the author, and was as-
soiled and absolved from all the rest of the points of the dittay ; quhich
being so concluded, Sir Johne Hay, out of a nimious diligence, caused
Johne Bannatyne wryte the doome, without the advj r ce either of the
King's Advocate, or yet of Mr. Alexander Colvin, or Mr. James Ro-
bertoune, quho under his Majestie's great seall are Justice-deputes, viz.
to be taken that day, being Saturday afternoone, to the mercat-crosse of
Edinburgh, and there his head to be stricken off, quhilk Sir John Hay
and the Lord Justice contended to have done that day, and that all his
moveables should fall in the King's hand : Bot the King's Advocate be-
ing called for, stopped that sudden course, at 8 of clock on Saturday
morning, by expungeing these words, and all his moveables, etc. as re-
pugnant to all equitie and the Act of Parliament, quhich, he being con-
vict only of that part of the dittay, of concealing, and not revealling, and
being assoiled of the remnant points, can no wayes inferre the forfeit of
his moveables, no not of a pecke of victuall, and sayd he wold not be a
dytter, nor allower of so rigide a sentence, and unlawfull, quherupon Sir
John Hay threatned him, that the hindering of his Majestie's service