Att Edinburgh The Eight day of Jully 1701
D1701/7/7
D1701/7/71
Decreet
Decreet Byres against Drummond
Anent The principall letters of complaint Raised and pursued befor the Lords of his majesties privy counsell att the instance of James Byres merchant in Edinburgh uith concourse of Sir James Steuart his majesties advocate For his highnes Intrest Makeing Mentione That aither By the law of this and all other uell governed nationes the insulting defameing and Beating his majesties free Leidges uith manifast intentione to murder them especially by ane open violation of the publict peace upon the high street of his majesties principall City of Edinburgh in full daylight and that uithout any previouse provocatione and aggragat uith prophane and godles oaths against a pairty innocent and unarmed are Crymes of a high nature and Sevirely punishable Yet Nevertheless It is of verity That the said James Byres Complainer being upon the high Street of his majesties City of Edinburgh befor Milnsquair opposite to the Tron Church upon the fourth Day of March last by past standing uith John Jamesone Captain William Drummond sometyme in the Lord Jedburghs Redgement of Dragounes and George Dow his servant came up to the said James uho uas unarmed and the said Captain William Drummond haveing his suord about him and his staff in his hand told the said James Byres the complainers uith Execrable oaths, That the said Complainer ought to have his nose cutt off, and uhen the complainer ansuered that the expressione uas unmannerly And desyred to knou the defenders quarrell, The said Captain William Drummond defender told the complainer the he hade maletreated Serjant McGregor alias Drummond in Caledonia and when the complainer told the said defender, That he uould not Satisfie questiones asked in so rude a manner The said Captain Uilliam Drummond defender Gave the said Complainer scurroulus and infamous Languadge and the said defender haveing lift his kain, and being therupon seized by the said complainer the defender upon his desyre and promise not to use violence uas let goe, yet he did afteruards maliciously and treacherously not only threaten aloud in verry opprobreous termes, That he uould cause some persone cropt the complainers eares, and Immediatly in sight and hearing of the multitude the said Captain Drummond defender, gave his kayne to the said [..] Dou his servant and pointing at the said complainer and calling him by insolent and opprobreous names, Ordered his said servant to beat the Complainer, and not desist till he knoked him doun to the ground dead, uhich the said servant Did Crewly and attrociously put in Executione And Albeit the said James Byres complainer did Declair to the bystanders that he would no ~~as~~ so much as offer to strick att the said […] Dou the Captains footman and did actualy abstain and barely endeavoured to uard off the bloues yet the said servant Did in his masters presence and by his ordour Cruely assault and beat the said complainer and uhen the Complainers feet hade slipt and his hate and periuig uere beat off, yet the said […] Dou by his masters ordor did Continuou to beat the complainer upon the heare head wherby the said complainer uas uounded and bruised, and And the said Captaine William Drummond Did call to the said […] Dow his servant in the mean tyme Dame you for a Rascall knock him Doun after uhich both the said master and servant did in most uickedly and courdly uay fall upon the said James Byres complainer and threw him to the ground beating him in a most barberous manner to the effusione of his blood and hazard of his lyfe to the great contempt of his majesties authority and reproach of justice and good ordour By all uhich the saids defenders and Ilk ane of them are guilty airt and pairt of the Crymes abovelybelled and ought to be Decerned to make payment to the said complainer of his damnadges extending to the soume of tuelve hundred pounds Scots and otheruayes to Repair the said complainer, and the saids defenders to be punished in their persones and goods to the terror of others to committ and doe the lyke in tyme comming. Annent the Charge given to the saids haill fornamed persones defenders to have compeared befor he saids Lords of his majesties privy councill att ane certain day nou by gone to have ansuered to the ground of the writtine complaint and to have heared and seen such ordoures and course taken theranent as appertaines under the pain of Rebellione etc: as in the said Lybell or letters of complaint and executiones therof att more lenth is contained uhich Lybell being upon the Eleventh day of march last by past Called In presence of the Lords of his majesties privie counsell Councill2 and the said pursuar Compearing personally uith Sir James Steuart his majesties advocate Mr David Dalrymple, and Mr James Gellie his advocats and the said Captain William Drummond one of the defenders Compearing personally and the said George Dow the other defender being laufully cited often tymes caled and not compearing And […] Cockburne younger of Langtoune Mr David Forbess and Mr James Hamiltoune compearing as advocats for both the saids defenders, The Lybell and ansueareres made therto for the saids defenders being both read and both pairties fully heard att the barr, The councill addmitts the lybell to the pursuares probatione notuithstanding of the alleadgance made for the defender, That res est haili Judicata, the said Defender haveing been fyned by the magistrats of Edinburgh for the cryme lybled, And the saids Lords Grants certification against the said George Dow defender called and not compearing In respect of his absence and not compearing and ordaines Letters of denunciatione to be direct to macers or messangers att armes to pass to the mercat cross of […] and other places needfull and therat in his majesties name and authority duely laufully and ordourly Renunce the said George Dow his majesties Rebell and put him to his hignes horen and ordain all his moveable goods and gear to be escheat and inbrought to his majesties use for his contempt and disobedience and the uitneses haveing compeared and made faith or being absent as marked on the roll the saids Lords Grants Farder uarrand against the uitneses absent and not compearing by captaione untill the […] day of […] and nominats and appoynts the Lord justice Clerk Lords Aberuchill, Crosrig and Phesdo to be ane Comity to examine the uitnesses compearing and makeing Faith and declaires any tuo of the above named Commitie to be a sufficient quorum and appoynts them to meet the morrow att ten in Fornoon And reserves all objectiones against the uitnesses to be proponed and Discussed befor the said Ccommittie, The Lords of his majesties privie council upon day and dait of thir presents haveing Advysed the process raised befor them att the instance of the abovenamed James Byres against Captaine William Drummond and George Dou his servant and haveing considered the depositiones of the uitnesses they Find the poynts and articles of the lyble sufficiently proven and therfor have fyned and heirby Fynes the said Captain Uilliam Drummond in the soume of Five hundred merks scots money and Decerns and Ordains the said Captain Uilliam Drummond instantly to make payment to his majesties Generall Reciver of his majesties rents of the said soume and gives ordeur and uarrand to macers of privy counsell messangers att armes or other officers of the Law to take and apprehend the persone of the said Captaine Uilliam Drummond and to put him into the tolbooth of Edinburgh till he make payment of the said Fyne and farder during the councills pleasure and decerns and ordains the said Captainne Uilliam Drummond to Appear befor the councill and to aske and Crave pardon of their Lordships for his urong done to the goverment and Farder to ask and Crave pardon of the said James Byres pursuer for the urong done by the said Captaine to him
1. NRS, PC2/28, 101r-102v.
2. Sic.
1. NRS, PC2/28, 101r-102v.
2. Sic.