Whilst activity on the list is low, you might like to read how an action for libel was resolved in Melrose 270 years ago. The following are extracts from the Session Minutes for Melrose in 1733. Happy reading Rob Taylor 1st Meeting This day Mr. Gavin Elliot, session clerk, gave in a lybel against Nicol Bowar, portioner of Newtown, the tenor whereof follows, complains Mr Gavin Elliot, schoolmaster and session clerk of Melrose, on Nicol Bowar, portioner of Newtown, that whereas the said Nicol sent yesterday to the complainer a pacquet of letters dated 30 Mar last with a scrape of a letter therein inclosed which the said Nicol alleges reflects on him and averrs was sent by the complainer, which pacquet being directed to the complainer is stufft with the most inhumane, stupid, brutal, nonsensical, foolish, venomous and scurrilous expressions. As that the complainer is void of all virtue and everything that is good, filled with everything that is hatefull and abominable, giddy brained, below an ass, camel, jackmidding, montebank, merry Andrew, &c., and that it is not at all consistent he should serve this Court in the capacity of clerk, which the complainer conceives reflects very much on the session in gen! eral, as well as upon the complainer in particular; and though the substance of this pacquet is competent for the civil magistrate, yet the complainer judges, what so directly levels against the wisdom and prudence of the session in choosing and continuing him as clerk is specially to be reprehended by them; and further, that the drift of such foul opprobrious language is to be adverted to as tending to weaken the authority and credite of a teacher who should form and mould youth to the hopes of succeeding ages. The complainer cannot but take notice of the epethets given him upon the back of one of the said Nicol's letters; such as reverend, wise philosopher, learned Grecian and none such for arithmetick, with an hotch potch of nonsensical ribaldry, more like the product of a distracted brain, that ought to be hissed to Bedlam, or some other place competent for such, than of one who enjoys the conversation of sober and serious persons. Mr. Elliot having consigned 2s. 6d. wa! s removed. Laird Marr chosen clerk pro tempore. Nicol Bowar being cite d was called and compeared and owns the letters whereupon the lybel is founded to be his. The session finds the said lybel proven by the said letters. Mr. Elliot was called in and interrogate if the said scrape sent to him within Nicol's pacquet was his, denyed the same, which the defender offers to prove by witnesses, viz., Wm. Tutup, servant to John Cochran, shoemaker in Newtown, and Wm. Dickson, son to Wm. Dickson, smith in Darnick. The session adjourns this affair till to-morrow eight days. 2nd Meeting This day appointed for enquiring into that affair of Nicol Bowar and Mr. Elliot. The said Mr. Elliot compeared and Nicol being called on, compeared not. An excuse was offered for him, to wit, this his grandmother lying a corpse he could not wait on the session this day. The session sustain this excuse. Mr. Elliot was removed and the session after some thought called Wm. Dickson, who compearing declared that he wrote that letter sent to Nicol Bowar, and that nobody else whatsoever advised him to it or had an hand in it, that he was very sorry he should have delivered the same on the Sabbath day, and that no other is chargeable with the said letter. He was dismissed. The session also dismissed Wm. Tutup as wanting no evidence further than the said William Dickson had made. Mr. Elliot was called in and this intimate to him, and the session appoint Sabbath first as their next meeting, whereunto the said Nicol Bowar is ordered to be cited. 3rd Meeting Nicol Bowar being called, compeared and being informed of William Dickson's declaration, was asked if he was sorry for his offence to Mr. Elliot. Answered he could not say he was, since he believed the letter he received had come from him. After much pains taken by the minister, he said he was sorry, but in such an indifferent, unpleasant way, as was not at all satisfying to the session. He is however dismissed for the time, and the sederunt closed with prayer. 4th Meeting This day the session considering Nicol Bowar's behaviour last day, order him to be cited to the session this day eight days. The sederunt closed with prayer. 5th Meeting Nicol Bowar was this day called, and compeared, and professed his sorrow for giving such an offensive letter to Mr. Elliot, and promised that he should do no such thing in time coming. He was sharply rebuked and dismissed.