Act, 27 December 1694, Edinburgh

Edinburgh the Fiftein day of February J^aj vj^c nyntie four years

D1694/2/20

D1694/2/20¹

Procedure

Remit Gracie Against Brown

Anent the Lybell or Complaint raised and pursued before the Lords of their majesties privy Councill be William Greicie in Midglen within the parish of New Abbay and Sir James Stewart ther Majesties advocat for their highnes intrest in the matter underwritten Makeing Mentione That quher by the law of this and all other weell governed nationes the invadeing beatting and wounding to the effussione off blood of their majesties leidges and vowing and threatning to be their dead and prosecuteing of them with Warr like wapons for that effect be Crymes of ane high nature and severly punishable and the Comitters therof ought to be bound to their majesties peace least they may Committ the like or worse afterwards nevertheless It is of verity that upon the twentieone or twentietwo dayes of June J^aj vj^c nyntie two years or one or other of the dayes of the said moneth the said William Greicie haveing accidentally mett with Robert Browne of Bishoptoune at New Abbay and not dreading or fearing any harme nor prejudice from him The said Robert without any provocatione or offence given to him did fall upon the said pursuer and most desperatly beat bruise and wound the pursuer in his head and severall other parts of his body to the effusione of his blood in great quantitie, and his malice and Rankor against him not haveing been saitisfied with these Cruell and blood stroaks, He pulled out a pistoll and vowed and threatned that he would presently shoott the pursuer dead therwith and hade actually done and bereaved him of his life if he hade not been stopped by people that were present at the time Wherby the said Robert Brown is guilty of ane high and manifast Ryot and Injury and oppression And Therfore ought not only to be severly punished in his persone and goods to the terror of others But likwayes bound to the peace in time comeing And Anent the Charge given to the said defender To have Compeired before the saids Lords this day To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines under the paine of rebellion and puting him to the horne with Certificatione to him if he fallied he should be denunced ther majesties rebell and put therto as in the forsaid Lybell or Complaint and executiones therof at more lenth is Contained Which Lybell or Complaint being this day called in presence of the saids Lords of privy Councill And the pursuer Compeiring personally with Mr David Cuninghame his advocat, And the defender Compeiring alsoe personally with Sir James Ogilvie his advocat The said Lybell and answers being read and the saids Lords of privy Councill haveing Considered the same with the Stewart of Kirkcudbright his precept upon a decreet pronunced be him against the defender at the procurator phiscalls instance fyneing the defender in fiftie punds scots as a blood and battary for the above Ryot and in twelue punds scots of assychment to the partie damnified with the procurator phiscalls Discharge of the fiftie pund They Refuse to sustaine process upon the above Lybell before their Lordships in respect of the meaness of the matter But Remitts to the pursuer if he thinks fitt yet to pursue the same before the Judge Competent Notwithstanding of the above Decreet allready pronunced be the Stewart of Kirkcudbright In Respect the pursuer is not Compeiring in the Decreet.