Act, 27 December 1694, Edinburgh

Edinburgh the Threttein day of november J^aj vj^c nyntie four years

D1694/11/11

D1694/11/11¹

Procedure

Remitt Corbie contra Lidderdale and Gordon

Anent the letters or lybell raised and pursued before the Lords of their Majesties privy Councill at the instance of Thomas Corbie messenger in Kirkcudbright, and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Lawes of this and all other weell governed nationes all battaries and bloods specially when the same are Comitted without any Cause or provocatione. But on the Contrary for a persone doeing his dutie in his office, and after threatning upon that account, and farder upon the high Street and at the marcat Cross of a burgh Royall upon afair and publict marcat day Is a Cryme of a high nature and ought to be severly punished nevertheless It is of verity That James Gordon toune Clerk of Kirkcudbright Shaking of all fear of God and regaird to their majesties Lawes Did upon the occasione of the said Thomas Gordon as a procurator in the Commissary Court upon the thrid day of August Last Or ane or other of the dayes of the said moneth first oppenly swear by the name of God with many other horid oathes that when ever he and the pursuer should meet he should Cause his Croune reek and spish blood to his heells and that in the Comissary Court, The Comissary sitting in Judgment in the afternoon the said day being the fair day Called Lambes fair in the burgh of Kirkcudbright, and then in the afternoon the same day the said James Gordon accompanied with James Lidderdale of St Marycytle, meeting with the pursuer about about four of Cloak at the marcat Cross of the said burgh, Did then and ther without the least provocatione, or any words passing betwixt them, Fall most violently and Cruely upon the pursuer with two great battons and staves and therwith beatt him upon the head to the effusione of his blood so that the blowes and blood did quyte stun and blind him, and his blood was shedd in such a quantitie, as is not only to be seen upon his Cravat, But did Lye and remaine upon the Street in great Clotts untill the nixt morning and the scares of the wounds are visible to this day Lykas the said pursuer is in hazard throw the said violence and strockes to Loss his ryt eye therwith and have never since seen Distinctly and if throw the Good providence of God nighbours and by standers hade not interveened he hade Loss his life betwixt them by reasone of the forsaid rage and violence, off which Cryme battarie and blood the forsaid James Gordon and James Lidderdale and either of them being guilty or airt and part Ought not only to be Decerned to make payment to the said pursuer of the soume of Two Thousand merks scots for damnadge But likewayes punished to the example and terror of others to Comitt the like in time Comeing And Anent the Charge given to the saids defenders to have Compeired personally before the saids Lords this day To have answered to the points of the abovewritten Complaint and to have heard themselves not only Decerned and ordained to make payment to the said pursuer of the said soume of Two Thousand merks for damnadges but also to have heard and seen such other Course taken theranent as the said Lords shall think fitt as in the said letters or lybell and executiones therof at more Length is Contained Which being Called in presence of the saids Lords and the pursuer Compeiring personally with James Stewart his Advocat and the defenders Compeiring also personally with Sir James Ogilvie and Mr Alexander Fergusone ther advocats And the Lybell and answers made therto They Remitt the same to the Stewart principall of the Stewartrie of Kirkcudbright and his depute to be insisted in Discust and determined be them as accords of the Law.