Series 1 > Records of the Proceedings of the Justiciary Court Edinburgh, 1661-1678 > Volume 1, 1661-1669

i66;]
JUSTICIARY PROCEEDINGS
221
digitus inutilis redditur ad pugnandum vel dcfendendum or
otherwise in his opinion and opinion of ffascines and other
Lawyers treating the case of Mutilation.
It is an clear and undoubted Mutilation and as to instances
and similies of ane tooth and ear they do no ways meet,
seeing the organ of hearing does not consist altogether in the
exterior part or lug, and for the tooth, it is controverted
whether it be pars corporis animat a ^ but the question is
without all question in Scotland, seeing divers times Mutila¬
tion has been sustained upon the cutting and disabling of
ffingers.
The Justices repells the Alledgiance in respect of the
Reply, Dittay and Reply,1 and ordained the Indictment to
pass to the knowledge of an Assize, but the Assize finds him
not guilty.
The 26 day the pronouncing of the Sentence is continued,
and on the 27 the said Robert fforbes entering the Panned
to hear the Verdict and to receive his Sentence, the Justices
taking it to consideration, viz. Mr. Wm. Murray who was only
sitting in Judgement, that albeit the Assize had cleansed him
of the crime of mutilation, yet he being formerly charged
before the Justices for the crime of blooding and wounding,
and being found guilty by the Assize and no sentence pro¬
nounced agt. him for punishment nor assythment to the partie
pursuer, the said Mr. Murray, Justice Depute does therefore
ordain him to make payment instantly of J?40 of Assythment
or to go to prison, and accordingly he instantly made pay¬
ment.
28 June the Earl of Glencairn agt. Colin Hay and others
for Usury, continued.
Edinbr 2d July 1667, Mr. Wm Murray present.
The Actions for the Slaughter of Gordon of Braichlaw g.
ffarquharsons and the reconvention at the instance of one of
the ffarquharsones for the killing of Jean McKenzie, continued
till the first Tuesday of July as to some of the Defenders, be
reason of a depending Precognition before the Councill, but as
to other of the Defenders, viz. Alexr ffarquharsone of Inner-
1 ‘ Dittay and Reply ’ not in Adv. MS.