Decreet, 7 September 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Edinburgh the Seventh of September Jaj vjc nyntie thrie years, ante meridiem

D1693/9/81

Decreet

Decreet and Liberation Bosswall of Balmoutto.

Anent our Soveraigne Lord and Ladies letters persewed before the Lords of their majesties privy Councill at the instance of Sir James Stewart ther majesties advocat as he who by the Lords of privy Councill their warrand of the twentie Eight of Aprill Last is appointed to raise and follow farder the Lybell making mention That quher by the Lawes of this and all other weell governed nationes and by severall Lawes and acts of parliament of this kingdome the assaulting invadeing and putting violent hands to any man are forbiden as crymes and greatly agravat according to the crymes places and Circumstances of the deeds, And ought to be punished Lykeas by the act of parliament James 6th parliament first Caput Eightein, It is statue that no man Shoot with or wear guns under the paine of Cutting of ther hand, Except men of warr in actuall pay and others excepted in the act, And by the act James Sixth parliament Sixtein Caput fourth It is expressly Ordained that if any invade or pursue any of his Majesties privy Councill or officer, it being verified (which is and ought to be presumed when no other cause motive or occasion can be Designed) That the same was designed for doeing of his Majesties Service, The same shall be punished by death Nevertheless It is of verity That David Bosswell of Ballmutto hath not only comitted one bot severall ryots, violences, and2 insultings against severall persones and under many agravating circumstances As first the said David Bosswell a man of knowen disaffection to their majesties government and the persones Imployed in their majesties service shaking off all fear of god and Respect to their majesties and out of his habituall and accustumed madd and unwarrantable wickednes Did upon the Eleventh day of Aprill Last or one or other of the dayes of the said moneth after haveing shared and vented his Causeless and maliciouse prejudice first attend and watch before the door in the house of Couper, Wher David Earle of Leven was for the time, and after he was gone furth to see Couper race wher ther was a great concourse of the gentry and other people, as the said David Earle of Leven was passing by one horss back without the least medling by words or otherwayes with the said David Bosswell, The said David Bosswell did rid up after the Earle and first lift up his batton and shakeing the same at some distance said that now he should be at him, or words to this purpose Which not being overheard by the said Earle of Leven, And as he was ryding inadvertantly upon the feilds, The said David Bosswell did come up behind him and beatt him violently and most wickedly and insolently with the said Batton or staff over the head and shoulders twyse or thryse before he could turne him3 to put himself in any posture, And when the said Earle was turning to defend himself and his honor from Such a violent open affront and injurie, The said David Bosswell did beat the said Earles horss over the face which made the horss (being young of age of high mettall) ryss up and almost overturne; And the said Bosswell not here resting did farder Draw his pistoll, and when the Earle offered to recent and defend himself from such open violence which ther attended his life, The said David Bosswall Did fyre and discharged the said pistoll upon him and probably hade done greater mischeifs even to the takeing away of the said Earles Life if not prevented by the said Earles Just oppositione and the interposeing of the persones upon the place Wherby ane open and violent Ryot is Comitted against a person of the Earles qualitie and Imployment in ther majesties service and presumeably done aginst the Earle Because of his doing of their majesties service By all Which it will appear to the Lords of their majesties privy Councill That the said David Bosswell is guilty of all or4 ane or other of the saids crymes ryots and violences Lybelled, at least airt and pairt therof, And Therfore ought and should be severly punished in his person and goods to the example and terror of others, And Likewayes a persone of such unreasonable Bruttall wickednes and violences against which mens lives and honors cannot be in safity Ought to be effectually restrained and secured in time comeing By such a Course as their Lordships should think fitt And Anent the charge given to the said David Bosswell of Balmoutto defender To have5 Compeired before the saids Lords of ther Majesties privy Councill at ane certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such Order and Course taken theranent as the saids Lords shall think fitt, as the said Lybell containeing severall other heads articles and ryots therin Comitted by the said David Bosswell upon the persones therin named with the executiones and indorsationes therof at more leanth bears, And Sicklike Anent the Lybell raised and pursued before the saids6 Lords at the instance of the said David Bosswell of Ballmoutto and the said Sir James Stewart ther Majesties advocat for their highnes intrest Makeing Mention That wheras by the comon Law and the Law of this and all other weell governed nationes the violent assaulting and beatting of any persone and the fyreing guns and pistolls at them of designe to kill them and bereave them of their Lyfe are crymes of ane high nature And Severly punishable And by the Lawes and ordinances Touteting military disciplines and thrid article therof, all violence out-rage and other like had facts and open offences Committed by any of their majesties forces officer or souldier upon any of their majesties Leidges shall be punished with death yett nevertheless David Earle of Leven being ane Cheif officer in ther majesties forces (which is a great aggravation of his cryme) has manifastly Contraveened the saids Lawes and the articles of Warra In so farr as the pursuer haveing been at Couper Race in Aprill last wher he was demeaning and behaveing himself in a quyet and peacable maner, yet the said Earle haveing conceaved a deadly hatred and malice against the persewar Did upon the Eleventh day of Aprill last or one or other of the dayes of the said moneth violently and outrageously assault and fall upon the said persuars and beatt him over the face with a whip publictly in the feilds before the wholl Company Conveened at the race, which was such ane affront that no man far less a gentlman of any spirit could weell bear, And the said Earle of Leven not being satisfied with this he still continueing in his violence and outrage did fire a pistoll at the persuars of designe certainely to have killed and murdered him upon the place if the shott by the good providence of god hade not missed him, Which was a high and manifast Ryot and Crewell oppression, And of which crymes the Earle of Leven is guilty actor airt and part and for which he ought to be examplarly punished in his persone and goods to the terror of others to Comitt the like in tyme comeing, And if such crymes as these be not examplarly punished no man can be sure from the violences and outradges Comitted by officers and souldiers And Anent the Charge given to the said David Earle of Leven To have Compeired before the. saids Lords of ther majesties privy Councill at ane certaine day now bygone To have answered to the grounds of the abovewritten Complaint And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt, as the saids letters at Balmuttoes instance with the executiones and indorsationes therof at more leanth bears The saids letters at the instance of his majesties advocat being called in presence of the saids Lords upon the fourth of August Jaj vjc nyntie thrie years And their majesties advocat Compeiring personally as persewar, And the said David Bosswell Compeiring also personally (being brought from prison under guard to the barr) with Sir Patrick Hume his advocat, The Lybell at the instance of ther majesties advocat and answers therto being read The Councill Declaired The would sustaine Balmouttoes letters only as a lybell of exculpatione, Bot not as a lybell of reconventione of the letters raised at the Lord advocats instance And the saids leters at Ballmouttoes instance being also called, And the Earle of Leven Compeiring personally with their majesties advocat and Mr James Scougall his advocats, The Councill Refused to allow the Lord advocat to cite any more witnesses on his Lybell then what are already cited, Bot allowed him to raise a new Lybell and cite witnesses theron, And the witnesses cited on both Lybells such of them as Compeired haveing made faith at the barr, The Lords of privy Councill appointed a Committie of their oun number to examine the witnesses and ordained Balmoutto to be caried back to prisone And Declared that the witnesses cited on the Lybell at the Lord advocats instance are only to be examined on such points of the Lybell relateing to the Earle of Leven In Respect the Lord advocat Declared he past from all the rest of the points of that Lybell pro hic et nunc, And both parties haveing accordingly adduced diverse etc sundrie famous witnesses who being all solemnly sword interrogate and examined upon their great oathes Deponed and declaired as their oathes depositiones extant in proces bears, And The saids Lords of their majesties privy Councill haveing this day Considered both Lybells with the depositiones of the witnesses adduced be aither partie with a petition given in be Ballmutto, They Find the Lybell at the instance of ther majesties advocat against Balmutto Sufficiently proven as to the Ryot Lybelled to have been comited upon the Earle of Leven, And Therfore They Ordained Ballmoutto to be brought to the barr and upon his knees to Crave pardon of the Councill for the cryme of injury done by him to a privy Councillor And accordingly, Ballmutto being brought from prison to the barr did upon his knees Crave pardon as said is, And so was returned, And the saids Lords of ther majesties privy Councill have Confyned and heirby Confynes the said David Bosswell of Ballmutto to his oun house of Balmoutto and half a myll of way about the same And have Discharged and heirby Discharges him to wear any kynd of armes in time comeing And Ordained him to find Cautione in the books of privy Councill that he should keep his confynment and not goe without the bounds of the same, And that he shall not wear armes in time comeing under the penaltie of five hundred punds sterling in caice he transgress in any part of the premises, And Ordained him to Lye in prison untill he should find the said Caution, And upon his finding Caution as said is The Saids Lords gives order and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett the said David Bosswell at Libertie furth therof, And the saids Lords superceids to give further sentance against Ballmutto in this matter untill they see his behavior for the time to come And Finds the Lybell of Reconvention of Balmuttoes instance against the Earl of Leven not proven And Therfore assoylzied and heirby Assoylzies the said Earle from the points and articles of the same And Declaires him quyt and free therfrae in all time comeing, after pronunceing of this Decreet The Lords of their Majesties privy Councill Haveing Considered a suplication given in to them be the said Considered a suplication given in to them be the said David Bosswell of Balmutto Craveing ther Lordships would dispence with his finding Caution and accept of his oun bond in the termes of the forsaid sentance And that the Earle of Leven who was personally present at the Councill board Declared his willingnes and Consent that the desyre of his petition might be granted They by their deliverance of the thretein of march Jaj vjc nyntie four years allowed the Clerks of privy Councill to receive Ballmouttoes oun Clerk of privy Councill to receive Ballmouttoes oun bond without Caution for fullfilling such points of the above sentance as he is decerned to find Caution for And have Dispenced with that part of the forsaid Sentance, Ordaineing Ballmoutto to find Cautione And accordingly Ballmoutto has given his oun bond in the termes and to the effect forsaid before extracting heirof.

Edinburgh the Seventh of September Jaj vjc nyntie thrie years, ante meridiem

D1693/9/81

Decreet

Decreet and Liberation Bosswall of Balmoutto.

Anent our Soveraigne Lord and Ladies letters persewed before the Lords of their majesties privy Councill at the instance of Sir James Stewart ther majesties advocat as he who by the Lords of privy Councill their warrand of the twentie Eight of Aprill Last is appointed to raise and follow farder the Lybell making mention That quher by the Lawes of this and all other weell governed nationes and by severall Lawes and acts of parliament of this kingdome the assaulting invadeing and putting violent hands to any man are forbiden as crymes and greatly agravat according to the crymes places and Circumstances of the deeds, And ought to be punished Lykeas by the act of parliament James 6th parliament first Caput Eightein, It is statue that no man Shoot with or wear guns under the paine of Cutting of ther hand, Except men of warr in actuall pay and others excepted in the act, And by the act James Sixth parliament Sixtein Caput fourth It is expressly Ordained that if any invade or pursue any of his Majesties privy Councill or officer, it being verified (which is and ought to be presumed when no other cause motive or occasion can be Designed) That the same was designed for doeing of his Majesties Service, The same shall be punished by death Nevertheless It is of verity That David Bosswell of Ballmutto hath not only comitted one bot severall ryots, violences, and2 insultings against severall persones and under many agravating circumstances As first the said David Bosswell a man of knowen disaffection to their majesties government and the persones Imployed in their majesties service shaking off all fear of god and Respect to their majesties and out of his habituall and accustumed madd and unwarrantable wickednes Did upon the Eleventh day of Aprill Last or one or other of the dayes of the said moneth after haveing shared and vented his Causeless and maliciouse prejudice first attend and watch before the door in the house of Couper, Wher David Earle of Leven was for the time, and after he was gone furth to see Couper race wher ther was a great concourse of the gentry and other people, as the said David Earle of Leven was passing by one horss back without the least medling by words or otherwayes with the said David Bosswell, The said David Bosswell did rid up after the Earle and first lift up his batton and shakeing the same at some distance said that now he should be at him, or words to this purpose Which not being overheard by the said Earle of Leven, And as he was ryding inadvertantly upon the feilds, The said David Bosswell did come up behind him and beatt him violently and most wickedly and insolently with the said Batton or staff over the head and shoulders twyse or thryse before he could turne him3 to put himself in any posture, And when the said Earle was turning to defend himself and his honor from Such a violent open affront and injurie, The said David Bosswell did beat the said Earles horss over the face which made the horss (being young of age of high mettall) ryss up and almost overturne; And the said Bosswell not here resting did farder Draw his pistoll, and when the Earle offered to recent and defend himself from such open violence which ther attended his life, The said David Bosswall Did fyre and discharged the said pistoll upon him and probably hade done greater mischeifs even to the takeing away of the said Earles Life if not prevented by the said Earles Just oppositione and the interposeing of the persones upon the place Wherby ane open and violent Ryot is Comitted against a person of the Earles qualitie and Imployment in ther majesties service and presumeably done aginst the Earle Because of his doing of their majesties service By all Which it will appear to the Lords of their majesties privy Councill That the said David Bosswell is guilty of all or4 ane or other of the saids crymes ryots and violences Lybelled, at least airt and pairt therof, And Therfore ought and should be severly punished in his person and goods to the example and terror of others, And Likewayes a persone of such unreasonable Bruttall wickednes and violences against which mens lives and honors cannot be in safity Ought to be effectually restrained and secured in time comeing By such a Course as their Lordships should think fitt And Anent the charge given to the said David Bosswell of Balmoutto defender To have5 Compeired before the saids Lords of ther Majesties privy Councill at ane certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such Order and Course taken theranent as the saids Lords shall think fitt, as the said Lybell containeing severall other heads articles and ryots therin Comitted by the said David Bosswell upon the persones therin named with the executiones and indorsationes therof at more leanth bears, And Sicklike Anent the Lybell raised and pursued before the saids6 Lords at the instance of the said David Bosswell of Ballmoutto and the said Sir James Stewart ther Majesties advocat for their highnes intrest Makeing Mention That wheras by the comon Law and the Law of this and all other weell governed nationes the violent assaulting and beatting of any persone and the fyreing guns and pistolls at them of designe to kill them and bereave them of their Lyfe are crymes of ane high nature And Severly punishable And by the Lawes and ordinances Touteting military disciplines and thrid article therof, all violence out-rage and other like had facts and open offences Committed by any of their majesties forces officer or souldier upon any of their majesties Leidges shall be punished with death yett nevertheless David Earle of Leven being ane Cheif officer in ther majesties forces (which is a great aggravation of his cryme) has manifastly Contraveened the saids Lawes and the articles of Warra In so farr as the pursuer haveing been at Couper Race in Aprill last wher he was demeaning and behaveing himself in a quyet and peacable maner, yet the said Earle haveing conceaved a deadly hatred and malice against the persewar Did upon the Eleventh day of Aprill last or one or other of the dayes of the said moneth violently and outrageously assault and fall upon the said persuars and beatt him over the face with a whip publictly in the feilds before the wholl Company Conveened at the race, which was such ane affront that no man far less a gentlman of any spirit could weell bear, And the said Earle of Leven not being satisfied with this he still continueing in his violence and outrage did fire a pistoll at the persuars of designe certainely to have killed and murdered him upon the place if the shott by the good providence of god hade not missed him, Which was a high and manifast Ryot and Crewell oppression, And of which crymes the Earle of Leven is guilty actor airt and part and for which he ought to be examplarly punished in his persone and goods to the terror of others to Comitt the like in tyme comeing, And if such crymes as these be not examplarly punished no man can be sure from the violences and outradges Comitted by officers and souldiers And Anent the Charge given to the said David Earle of Leven To have Compeired before the. saids Lords of ther majesties privy Councill at ane certaine day now bygone To have answered to the grounds of the abovewritten Complaint And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt, as the saids letters at Balmuttoes instance with the executiones and indorsationes therof at more leanth bears The saids letters at the instance of his majesties advocat being called in presence of the saids Lords upon the fourth of August Jaj vjc nyntie thrie years And their majesties advocat Compeiring personally as persewar, And the said David Bosswell Compeiring also personally (being brought from prison under guard to the barr) with Sir Patrick Hume his advocat, The Lybell at the instance of ther majesties advocat and answers therto being read The Councill Declaired The would sustaine Balmouttoes letters only as a lybell of exculpatione, Bot not as a lybell of reconventione of the letters raised at the Lord advocats instance And the saids leters at Ballmouttoes instance being also called, And the Earle of Leven Compeiring personally with their majesties advocat and Mr James Scougall his advocats, The Councill Refused to allow the Lord advocat to cite any more witnesses on his Lybell then what are already cited, Bot allowed him to raise a new Lybell and cite witnesses theron, And the witnesses cited on both Lybells such of them as Compeired haveing made faith at the barr, The Lords of privy Councill appointed a Committie of their oun number to examine the witnesses and ordained Balmoutto to be caried back to prisone And Declared that the witnesses cited on the Lybell at the Lord advocats instance are only to be examined on such points of the Lybell relateing to the Earle of Leven In Respect the Lord advocat Declared he past from all the rest of the points of that Lybell pro hic et nunc, And both parties haveing accordingly adduced diverse etc sundrie famous witnesses who being all solemnly sword interrogate and examined upon their great oathes Deponed and declaired as their oathes depositiones extant in proces bears, And The saids Lords of their majesties privy Councill haveing this day Considered both Lybells with the depositiones of the witnesses adduced be aither partie with a petition given in be Ballmutto, They Find the Lybell at the instance of ther majesties advocat against Balmutto Sufficiently proven as to the Ryot Lybelled to have been comited upon the Earle of Leven, And Therfore They Ordained Ballmoutto to be brought to the barr and upon his knees to Crave pardon of the Councill for the cryme of injury done by him to a privy Councillor And accordingly, Ballmutto being brought from prison to the barr did upon his knees Crave pardon as said is, And so was returned, And the saids Lords of ther majesties privy Councill have Confyned and heirby Confynes the said David Bosswell of Ballmutto to his oun house of Balmoutto and half a myll of way about the same And have Discharged and heirby Discharges him to wear any kynd of armes in time comeing And Ordained him to find Cautione in the books of privy Councill that he should keep his confynment and not goe without the bounds of the same, And that he shall not wear armes in time comeing under the penaltie of five hundred punds sterling in caice he transgress in any part of the premises, And Ordained him to Lye in prison untill he should find the said Caution, And upon his finding Caution as said is The Saids Lords gives order and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett the said David Bosswell at Libertie furth therof, And the saids Lords superceids to give further sentance against Ballmutto in this matter untill they see his behavior for the time to come And Finds the Lybell of Reconvention of Balmuttoes instance against the Earl of Leven not proven And Therfore assoylzied and heirby Assoylzies the said Earle from the points and articles of the same And Declaires him quyt and free therfrae in all time comeing, after pronunceing of this Decreet The Lords of their Majesties privy Councill Haveing Considered a suplication given in to them be the said Considered a suplication given in to them be the said David Bosswell of Balmutto Craveing ther Lordships would dispence with his finding Caution and accept of his oun bond in the termes of the forsaid sentance And that the Earle of Leven who was personally present at the Councill board Declared his willingnes and Consent that the desyre of his petition might be granted They by their deliverance of the thretein of march Jaj vjc nyntie four years allowed the Clerks of privy Councill to receive Ballmouttoes oun Clerk of privy Councill to receive Ballmouttoes oun bond without Caution for fullfilling such points of the above sentance as he is decerned to find Caution for And have Dispenced with that part of the forsaid Sentance, Ordaineing Ballmoutto to find Cautione And accordingly Ballmoutto has given his oun bond in the termes and to the effect forsaid before extracting heirof.

1. NRS, PC2/24, 245v-248v.

2. The words ‘as first The said David Bosswall a man of knowen dissaffectione’ scored out here.

3. The word ‘self’ scored out here.

4. The word ‘any’ scored out here.

5. The word ‘heird’ scored out here.

6. Insertion.

1. NRS, PC2/24, 245v-248v.

2. The words ‘as first The said David Bosswall a man of knowen dissaffectione’ scored out here.

3. The word ‘self’ scored out here.

4. The word ‘any’ scored out here.

5. The word ‘heird’ scored out here.

6. Insertion.