Act, 28 December 1703, Edinburgh

Edinburgh the 11th November 1703

D1703/11/3

D1703/11/3¹

Decreet

Decreit Barbara Kenman against John Edgar

Annent The Lyble or Letters of Complaint Raised and persewed befoir the Lords of Her Majesties privie Councill at the Instance off Barbara Kenman spouse to Robert Houat at Bridgend off Drumfreis with Consent off her said Husband and John Hamiltoun her son off the First marriage With concourse off Sir James Steuart Her Majesties Advocat for her highness intrest in the matter under writtin² Mentioning That wher by the Laws off this and all well governed nationes all persones Especially these who are under the trust off others and Committed to their Cair as apprentices, who are Committed to the Cair off their Masters for their Education and Instruction ought to be Free and Secure From all wrong and violence to be done to their persons And that by the Eleventh Chapter Statute Robert 2d It is ordained That iff on man Mutilats another or wound or beats him by forethought fellonie he shall be proceeded againest as a man slayer and shall buy and Redeem his lyfe and shall asythe the pairty Skaithed Lykeas By the 118th Act off the 7th parliament James 5th and by the 76 Act off the 6th parliament James 6th Mutilation is lykewayes joyned with Manslaughter as ane parralell cryme. Notwithstanding wherof John Edgar Taylzier in Dumfreis Haveing casten off all fear of God and respect to the Laudable Lawes of this Her Majesties realme Haveing conceaved a groundless malice against the person off the said John Hamiltoun (ane of the Complainers above named) His apprentice He did without any provocation upon the day off […] or ane or other off the dayes of the said moneth Forceably throw the said John From ane Table (wher he was sitting shewing his work) to the floor And did there to beat and bruise him that he was left for dead And tho afterwards by the help of Chirurgions and blood letting he was brought to lyfe yet he was soe Disabled that he continues under a languishing condition thorrow a perpetuall vomiting of blood and heavie pains over his whole body so that his lyfe is worse then death unto him And he is altogither disabled from following any calling wherby to support this his Miserable lyfe And Therfor the said John Edgar ought to be punished withall the severest punishment’s that can be inflicted upon him for soe gross and villanous a Cryme And more especially ought to asythe the said John Hamiltoun the pairity lesed by mentaining him with ane aliment suitable to his Condition and paying the Expenss of his cure And otherwayes to repair the damnadge As the Lords of Her Majesties privie Councill shall think fit To the terror of others to committ the lyke intyme Comeing And annent The Chairge given to the said John Edgar Defender To have Compeired befoir the Lords of Her Majesties privie Councill at ane Certain day by past And to have heard and seen such order and Course taken therannent as appertaines under the pain off Rebellion and putting of him to the horne with Certeficatione As in the said principall Lyble or Letters off Complaint at more length is Contained Which Lyble Being upon the Eleventh off November Called In presence off the saids Lords off Her Majesties privie Councill And the said Barbara Kenman spouse to Robert Houat at the Bridge end of Dumfreis and John Hamiltoun her son off the First marriadge persewars Compeiring personally at the barr with Mr Robert Bennet their Advocat And the Defenders being absent tho Laufullie cited oft times called and not Compeiring The Lords of Her Majesties privie Councill In respect off the said Deffender his absence and not Compearance as said is Doe heirby Grant Certefication against the said Defender And ordaines Letters off Denounciation to be direct to Macers or Messengers at armes to pass to the mercat cross of […] and other places needfull And there in Her Majesties name and authoritie Duely Laufully and orderly Denounce the said John Edgar Her Majesties Rebell and put him to Her highness horn Escheat and inbring all his moveable goods and gear to Her Majesties use for his Contempt and Disobedience