LETTER FROM JAMES VI. TO SIR THOMAS HAMILTON, HIS ADVOCATE,
AFTERWARDS LORD BINING AND EARL OF HADDINGTON,
Containing his Majesty’s Opinions on a curious point of Criminal Law.
Aducate housoone the assyse is admittid remember to exhorte and admonishe thame according to my former information writtin with my auin hande and adde thair to hou farre it is against all
lau to admitt a mannis denyall againis his auin preceiding confession in sa farr as he deponis contra suum caput allanerlie speciallie his deposition being freelie geuin without torture and not to the exemaris onlie bot being uillinglie repetit be him self to the erl of marr and sindrie other noble gentlemen be uaye of discourse besydis his causing aprehend and with his auin mouth accusing the deid doer and his brekking uarde thairefter and that ioined uith are other murther and uillfull remaining at the home sensyne and of lait his offers be the bishop of brichen and sindrie others to my self of tua thousande crounis to me and tenn thousande markis to the pairtie and to be baneist the cuntrey during the pairteis will and last nou quhat he lies confest sen his aprehension baith to the bailleis and ministeris of this toune lett thaime selfis beare recorde according to thaire consciences as to my earnistness in this turne as godd sall iudge me it is onlie in respect of the odiousnes of the deid and the infamie that uill redounde to oure haill nation thairthrouch gif sa abominabill a cryme be not als notoriouslie punished.[[24]]
JAMES R.
His Maties. direction xi Martij
writtin with his maiesties
awin hand.
Indorsed by Lord Binning.