Series 1 > Records of the Proceedings of the Justiciary Court Edinburgh, 1661-1678 > Volume 2, 1669-1678

18
JUSTICIARV PROCEEDINGS
[JUNE
Advocatus agt. Cannon1 of Barley for Treason, continued.
The Lo: Renton agt. James Brown in Coldinghame, for
lifting of Merch stones, deserted as to him, and the other
Defenders, one of them dead and the other absent and excused.
Captain William Barclay against William Bettie in Drum-
whinle and Alexander Bellie in Towie who were formerly
declared fugitives and had now obtained suspension and relaxa¬
tion by Deliverance of the Lords of Session and found Caution,
and being relaxed and compearing and the Pursuer being
absent the Diet is deserted.
Alexander Robertson agt. James M'Ownie alias Mcintosh
for Theft continued till the morcow, being the 16 day and
then deserted, and James Urquhart, brother to the Laird of
Meldrum, Cautioner for reporting the Letters is unlawed.
Edinbr. 17 June 1670. The Justice Clerk, Deputes
Murray and Preston present.
2 Home relict of James Murray, soldier, within the Castle
of Edinburgh, against William M'Kay, Taylor, and prisoner
within the Tolbooth of the said Burgh, indyted and accused
That albeit by the law of God and the law of the Nation, the
crime of Manslaughter and the Committers of the same and
all who are accessory thereto are punishable with Death and
confiscation of their Moveables, and by the 12 Act 16 Pari.
Ja. 6. it is statute and ordained that no person without his
Majesty’s Licence fight any Combat under the like pains.
Nevertheless it is of verity that the said William McKay having
quarrelled with the said James Murray, did provoke and
appeall him to fight with him in these and the like terms, viz.
That he durst not fight with him if he were out of the Castle
of Edinbrand desired him to go out with him, and accordingly
they went out together, the said Wm McKay did go to Ninian
Anderson, Indweller in Edinbr and desired him to be his second
or loan him his sword, and he having refused, he prevailed
1 ‘ Cameron ’ in Adv. MS.
2 Sir George Mackenzie in treating of duels refers to this case, and to the
debate on the relevancy of the indictment and finding of the justices, as settling
disputed points in such trials.—W.