Edinburgh the Threttein day of September J^aj vj^c nyntie two years

D1692/9/2

D1692/9/2¹

Procedure: remission

Remitt Davidson Against Cockburne

Anent the Lybell raised and pursued before the Lords of their Majesties privy Councill be George Davidsone waitter at the port of Eymouth and Sir William Lockhart their majesties Solicitor for their highnes intrest in the matter underwritten, That albeit be the comon Law, lawes of all nationes, Lawes and acts of Parliament of this kingdom The beating wounding or Bruising of any persone to the effusion of their blood, as also the unwarrantable apprehending and incarcertaing of any of their Majesties free² leidges or Imprisoneing of them in no Ordinary prisone, Bot in ane closs stable amongst Cowes and horsses and beating of them quhill so incarcerat Be crymes of ane high nature, and severly punishable Especially wher the same is done to any of their majesties Immediat servants when in the exercise of their Imployment yet nevertheless Micheall Cockburne merchant in Eymouth Did upon the twentie fifth of may last by past or one or other of the dayes of the said moneth most cruelly and inhumanely beat and wound the said pursuar both upon the head shoulders and hands to the great effusione of his blood, two of which wounds quhich³ ware given him upon the head did greatly indanger his Life, Lykeas the said Micheall Cockburne in pursuance of his wicked Designe, And when the pursuar was persewing him before John Home of Kello shireff depute of Berwickshyre and James Windrame Shireff Clerk of the said shyre for the beatting and wounding him in maner forsaid he did elicite from the said shirreff depute and his Clerk They most unwarrantablie did emitt ane order for apprehending him In pursuance quherof upon the […] day of […] or ane or other of the dayes of the said moneth, The said Micheall Cockburne with James Rentoune messenger in Eymouth Thomas Kellie, Baillie, John Forman masson ther John Young toune officer their, James Shirrilaw Alexander Aitchisone John Brown and William Speirs his servant indwallers their Did in a violent maner Seize upon the pursuar and most inhumanely draged him into the Laird of Eymouths Stable, And their detained him closs prisoner albeit the said messenger and his accomplices did see him allwayes upon his dutie and attending as ane waitter thrie packs of English wooll to their majesties custome office at Aytoune wherof he hade the key To that albeit the said warrand for apprehending the pursuar hade been legall and warrantable and that the messenger had had a Caption, wheras he hade nothing bot the said Illegall warrand, The messenger Ought at least to have attend the pursuar to the said custome office That so he might have delivered in the saids Packs of Wooll togither with the keyes of the custome house to some persones concerned in the office, Lykeas after the pursuar was So apprehended the said Thomas Kellie did most barberously beat the pursuar with his Kean and trampled upon his breast and ribbs, And tho the pursuar when apprehended offered to the messenger and remanent persones forsaids when he hade conveyed the said quantitie of wooll to the said Custome office at Aytoune and delivered the Samen with the key of the said office to the Collector ther, he would take his horss, and willingly goe with them to the Shirreff depute at Dunse And to enter his persone in prison their Which they most unwarrantably refused bot Imediatly therafter of purpose and designe to frustrat the tacksmen of the dutie of the said wooll and of the dutie of a Ships loadning of timber that was Just then come in to the port as is instructed by ane instrument dated the twentie thrid day of Jully under the messengers hand did drag and Carie the pursuar away and put him in prison in the said Laird of Eyemouth his stable, And it furder appears that the forsaid barbaritie Committed upon the pursuar was only to take him away of his dutie as ane waitter in so farr as the day after he was liberat, he Seazed two hundred pynts of Brandie without Transirie Which the said Thomas Kellie was Conveying away unentered and for which he granted bond to the Surveyor to report ane transirie or certificat that it hade been entred at Leith, And Lykewayes seized upon ane hundred Daills that they ware carieing away unentred, For quhich the pursuar has the skipers obligation the rest being Caried away whill he was in prison, as alsoe they Caried a way fiftie double tries without Transirie Wherthrow It is evident that the persones above Complained upon are guiltie of manifast deeds of Ryot Injurie and oppression Comitted upon the pursuar and of pronunceing and extracting of Illegall and unwarrantable sentances against him and wrongeous Imprisonement of his persone in maner particularly Lybelled against them as above, And Therfore they ought and should be punished in their persones and goods to the terror of others to doe and Committ the like in tyme comeing And Anent the charge given to the saids defenders To have Compeired befor the saids Lords of privy Councill this day 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 in the forsaid Lybell and executiones therof at more leanth is Contained Which Lybell being this day called in presence of the saids Lords of Privy Councill And the pursuar George Davidsone Compeiring Personally with James Stewart Senior and Mr John Meinzies his advocats and Micheall Cockburne James Rensoune and Thomas Kellie thrie of the defenders Compeiring also personally with Sir David Thores their Advocat and the rest of the defenders being called and not Compeiring The pursuars advocat Declared that they past from the haill defenders who are not Compeiring except John Forman and John Young whom they Craved Certificatione The Saids Lords of Privy Councill haveing Considered the above Lybell and answers made therto with the writtes produced for the pursuars They have Remitted and heirby Remitts the point of Right Lybelled to be determined be the shirreff of the Shyre of Berwick of his deputs, And as to that part of the Lybell anent the designe of Carieing in of inentred goods or defrauding their Majesties or the tacksmen of the accustomed duties, They Remitt the Same to the Lords Commissioners of their Majesties thesaurie or exchaquer.