Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie Fourth day of Jwny J^aj vi^c nyntie seven yeirs

D1697/6/19

D1697/6/19¹

Decreet

Decreit Mr John Gray Against Murdoch

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Cownsell at the instance of Mr John Gray wryter in Edinburgh and Margaret Hamiltowne his Spouse with concurse of Sir James Stewart his majesties advocat in the mater wnder written Makeing mentione that albeit by the wncontraverted Lawes and practise of this and all other well governed nationes the invadeing beatting and abwseing of any persone especiallie by way of Hamswcken within ther own dwelling houses which by the Law of all nationes owght to be a secure sanctwarie to them As also wher the same is done and comited without any previows Jwst provocatione be crymes of ane high nature and severelie pwnishable Nevertheles It is of veritie that Robert Murdoch wryter in Edinburgh Shakeing off all fear of God and respect to our authoritie and Standing Lawes of the Kingdome haveing conceaved ane deadly and unplacable malice and prejudice against the Saids Complainers without any Jwst and previows grownd But finding that the said Mr John Gray Complainer was causeing stryke owt a window in the wall of his own house for his own conveniencie He did upon a most wnjwst and growndles representatione to the dean of gild of Edinburgh procure a warrand dischargeing the workmen from any furder procedour untill the dean of gild himself Should take cognitione of the Said affaire And he haveing accordinglie taken cognitione therof and finding that the Strykeing out of the said window was no prejudice to the Said Robert Murdoch or any other persone He did allow and ordaine the workmen to return to ther work as formerlie And they haveing accordingly returned by the dean of gilds speciall warrand and being working at the said window within the house of the said Mr John Gray upon the twentie eight day of May Last bypast the Said Robert Murdoch became therat soe inraged that betuixt thrie and four of the efternoon of the said day he came to the said house and haveing entered the Same in a most mad and furiows maner with ane great Staff or batton in his hand he therwith offered with great violence to attack the workmen Swearing with ane execrable oath that he Should render them wnable to work any more therefter And the Said Mr John Gray and Margaret Hamiltowne and Geills Dowglas his mother in Law haveing endeavoured to keep the said Robert Murdoch from doeing any furder mischeiff or prejudice to the said workmen he was soe far from being perswaded by ther civill intreaties that he fell upon the said Mr John Gray who was only Standing with his nightgowne in his slippers oversieing the workmen and gave the said Complainer severall Stroaks over the head and Shoulders with the said great batton And when the said Margaret Hamiltowne came in to assist the rescweing her husband owt of his crwell hands albeit her velly was then verie bigg She being within two moneths of her tyme the said Robert Murdoch was soe crwell and wnnaturall that he gave her severall Stroaks with his foot on the belly and severall Stroaks with his batton on the armes and other places of her body untill She was not able to Stand any Longer on the floor and efter the said Margaret Hamiltoune was rescwed out of his hands and that the work man had taken the said Staff or batton from him he did againe fall upon the said Mr John Gray Complainer and pulled him by the gravat of purpose to have Strangled him And which apparentlie he would have Done if the gravat had not broken And therefter he continwed Strykeing and beatting him with his hand upon the face untill the workmen and others present rescwed him out his crwell hands by Doeing wherof the said Robert Murdoch is gwiltie of ane open and manifest ryot violence and oppressione And ought be pwnished in his persone and goods to the example and terror of others to Comit the lyke in tyme comeing And Anent the charge given to the said defender to have Compeared personally befoir the saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above Complaint and to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the Said principall lybell or Letters of Complaint with the executiones therof in itself more fully proports which lybell or Letters of complaint being upon the eightein day of Jwne instant called in presence of the saids Lords with a reconventione at the defenders instance against the persewars and others And the said Mr John Gray compearing with² Sir David Thores Mr Charles Gray and James Stewart his advocats and the Said Robert Murdoch defender Compeareing with Mr Thomas Skeen and Mr William Calderwood his advocats And the defenders in the reconventione compeareing all personallie except the said Mr John Grayes wife with the persewars advocats as advocats for them both lybells with answers made to the principall lybell being read And both pairties Lawiers being fullie heard And the saids Lords haveing considered both lybells with the answers made to the principall lybell they admitted both lybells to the pairties ther probatione and the wittnesses being present haveing made faith at the barr except Andrew Ballberage Sklaiter and John Mclane ane of the towne gwairds The Saids Lords granted furder dilligence by Caption against the saids two absent wittnesses and appointed a Comittie for examineing the wittnesses and reserved all objectiones which might be made against the saids wittnesses to be discust befor the said Comitie And in the first place recomended to the said Comitie to examine the wittnesses upon the reconventione against William Smith and George Thorntowne Servitor to John Jamesone in respect tho they were cited as pairties in the reconventione yet they were cited as wittnesses in the principall lybell And if it Should appeare by the wittnesses examined in the reconventione that the saids two persones were frie of the ryot in the reconventione lybelled and not Socii criminis The saids Lords recomended to the Comittie to make ther report therof to the Counsell befoire they examined them as wittnesses in the persewers lybell The which Comitie haveing mett and examined diverse and Sundrie famows witnesses in the said mater They deponed and declared As ther oathes and depositiones extant in process bears And the Said lybell or Letters of Complaint being this day advised by the Saids Lords of his majesties privie Counsell And they haveing considered the depositiones of the wittnesses taken both upon the principall Lybell And the lybell of reconventione The Counsell finds nothing proven of the reconventione And therfoir assoillzes therfrae And finds the points and articles of the principall lybell proven in soe far as concernes Mr John Gray himself And therfor the saids Lords fynes the defender in the Sowme of Two Hundereth merks Scotts And decernes and ordaines the said Robert Murdoch defender to make payment to the said Mr John Gray persewer of the said Sowme of Two Hundereth merks money foirsaid And ordaines Letters of horneing on fiftein dayes and others neidfull to be direct under the Signet of Counsell upon the premisses in forme as effeirs