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.
----------------------------