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36 MEMORIALS OF
" The defender confesses the lybel as to the batterie, but denies the blood.
" James Tailzour.
" The Baylie discerns the defender to make payment of five pounds Scots money,
or find caution for the same.
" Thomas Watt.
" Alex. Park, Clk."
Sometimes the laird himself sat in the Criminal Court, with the
bailie, for the purpose, perhaps, of mitigating the rigour of the law.
We find him exercising his prerogative of mercy in the following
case : —
" Court holden at Crawfurdsdyke, upon the third of May, 1700 years, be the laird
of Carsburne, and in respect of Archd. Murchie, bailie, his absence out of the king-
dom, who gave his oath defideli, when he should be at home, Thomas Watt is chos.
pren. bailie, pro tempore.
Curia Vtime affirmata.
Wm. Easoune, pror.-fiskall.
" Complains Wm. Easoune, pror.-fisckall, upon John Smith, joyner in Daling, and
William Boyce, glazier in . That qr. yesterday the third day of May instant,
they having cast of all fear of God and Christian neighbourhood, did fall out in
William Callwell, skipper in Crawfordsdyke, his house, and thair, and upon the hie
streat, did streake, beat, and bruise uthers, with many sade and heavie blows, and
stroaks to the effusion of ther blood to a considerable quantitie, and thairfor they,
and each of them ought, and should be punished in their persone, and goods conforme
to the laws and acts of parliament of this kingdome, to the terrour of uthers to comitt
the lyke in tyme coming, and to find cau'ne for keeping of his majesties peace for
the future.
" The persuar compeared who opponed 1 the lybell, and the defenders also com-
pearing they deny the said lybell — admits the lybell to probatione, and for proveing
thereof, aduced the witnesses afternamed, viz. : — James Eamsay, couper ; Joseph
Reid, his servant; James Walker, sone to Thomas Walker, couper; James Love,
joyner.
1 To opponc — to oppose. — Ayainis is sometimes subjoined. — Jamieson's Dictionary.

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