Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/4

D1700/12/4¹

Judicial Proceeding

Remitt Dunnet, against Bruce and others

Anent the Lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill at the instance of William Dunnat in Ingstack and John Bruce in Wester, With concourse of Sir James Stewart his Majesties advocat for his highnes interest in the matter underwritten Making Mention That wher by the Lawes of this and all other weell governed nationes, The beatting wounding dismembring and Muttilating of the Members of any of his Majesties subjects. Be all Crimes of ane high nature and ought to be severly punished nevertheless It is of verity That William Swanstoune in Bronock David Hendersone in Steinster and George Smith in Hallend and the said pursuers being upon the twenty nynth day of May last Drinking in John Mansones house at the kirk of Dunat Ther fell out some difference betwixt the said George Smith and the said John Bruce pursuer, which at that time was easily Composed Bot therafter the said William Swanson David Henderson and George Smith haveing most maliciously and out of Forethought fellony, and of purpose to assassinat the said pursuers persones followed the said pursuers to the entrie to the sands called the Charge Mouth, and ther the said George Smith and William Swansone haveing their swords drawen most Creually struck or thrust at the said John Bruce one of the pursuers and wounded him in severall places of his body To the great effusion of his blood, and would have without all doubt murdered him upon the spott If the said William Dunnat the other pursuer hade not endeavoured to rescue him, and to take up the matter freindly as he truely did at the first squabling in Mansones house, For which the said William Dunnet was so ill rewarded That Immediatly The said George Smith David Henderson and William Swanstoune most barbarously (after they hade wounded the said John Bruce) all of them ingadged with and fell upon the said William Dunnat with their drawen swords and other weapons invasive, and therwith wounded him Mortally in two severall places of the forehead, wherby he was so blinded with his oun blood that he would not keep his feet Bot fell to the ground as also they wounded him in severall places of his body To the great hazard of his life, and they or ane or other of them Did cutt off the Ring finger of his Left hand being nixt the Litle finger and quitt disabled the Litle finger of the said hand and for farder evidenceing of the said David Henderson and William Swansone their wicked and malicious designes against the said pursuers They have been oft and diverse times heard express themsleves That they would do the pursuers ane ill turne if ever it came in their way or some such other expressiones to that purpose, By all which it might evidently appear to the Lords of his majesties privy Councill What hard usage barbarity and Cruelty the said pursuers have mett with by the saids persones above Complained upon, and therfore they and ilk ane of them being found guilty actors airt and part Ought and should be Decerned to ilk ane of the saids pursuers the soume of […] As damnadges and expences wared upon phisitians and other medicaments for cureing of their respective Wounds, and otherwayes to be punished in ther persones and goods to the example and terror of others to Committ the Like in time comeing And Anent the Charge given to the saids defenders To have Compeared before the saids Lords of privy Councill personally To have answered to the points of the abovewryten Complaint and to have heard and seen such order and course taken theranent as appertaines, As the said Lybell or Letters of Complaint at more Length is Contained, Which Lybell being this day Called in presence of his Majeties high Commissioner and the Lords of his Majesties privy Councill, And the said William Dunnat one of the pursuers Compearing personally and the other pursuer being absend and Sir Androw, Sir Patrick Home Mr David Dalrymple and Mr Francis Grant Compearing as advocats for both the pursuers, And the saids thrie Defenders Compearing all personally With Mr William Calderwood Mr Robert Frazer advocats for the haill defenders, The lybell and answers made therto for the defenders being read and both parties Lawiers being fully heard at the Councill barr, His Majesties high Commmissioner and the Lords of privy Councill Haveing Considered the Lybell and answers made therto for the defenders They Have Remitted and hereby Remitts The Lybell at the pursuers instances against the defenders and haill grounds thereof, with the reconvention raised at the defenders instances against the pursuers, To be pursued and Disscussed before the Judge ordinary within the Shyre of Caithnes wher the fact Lybelled was Committed, and to no other Judge whatsoever As accords in Law cum onore expensarum to be payed by the defenders in case the pursuers in this principall Lybell shall prevaill.