Act, 18 January 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/381

Act

Act Infavours off Murdoch Mclean of Lochbuy

Anent The petition given in and presented to the Lords of Her Majesties privie Councill By Murdoch Mclean of Lochbuy Shewing That where in the year Jaj vjc and nynty five The petitioner being a prentice to a wrytter to the signet was returning with some freinds in Company to his owen Country through the Toun off Kilsyth where wanting some horses To Carrie their baggage They stayed some hours and applied to the Bailiff to order some horses to be furnished to them who gave orders accordingly and their servants looking after horses in the mean tyme to hyre a great number off the Touns people fell upon them and beatt abused and dragged them through the streets Which moved the petitioner to mount his horse and to Challeng the Rable for their barbarous useage of strengers Wherupon one James Forrester or Foster Indweller in the said Toun Mounted one astairhead and gave the petitioner most oprobrious Language Calling him, Rascall, and Villan, Which provocked me to threaten him with my whip But Foster in his rage run violently upon the petitioner and Catcht hold off his sword and breaking the belt gott it from him and immediately drawing it beat the petitioner with his owen naked sword as he did also his servant over boeth our heads and shoulders and not therwith satisfied he reteired some steps with ane apparent designe to thrust the petitioner through Lykeas in effect the thrust Came closs upon the petitioner breast Wherupon he acknowledges that he was soe surpryzed and put to it For his owen saifty That haveing noe other mean off Defence The petitioner drew his pistole and aimed the shot at his arme on purpose to disable him But my aim faileing, the shot wounded him in the body off which wound the said James Foster dyed within a few dayes Thus being the trew state of the matter The petitioner was and is most heartilie sorry for the misfortune and have ever since languished under the greiff of it But ther being noe fore thought Fellony in the caice nor the least designe to kill the poor man with whom the petitioner never was befoir concerned and the thing being done necessarly in his owen deffence altho with the forsaid unluckie event The petitioner humbly conceaved The caice deserves Her Majesties commiseration and pardon which that he may the more easyly obtain He does in all humillity desire that their Lordships would be pleased to order a precognition by some off their owen number off the plain matter off Fact as was practised in the Caice off the slaughter that happened where John Veitch off Dauks sone was concerned And Therfore Creaving their Lordships In consideratione of the premisses To order the forsaid precognition to be taken by some off their owen number And for that end to give warrand or Letters to Cite Relict and nearest of Kinn off the said defunct As also such witnesses as may give a full and clear evidence in all this affair and that betuixt and such aday As their Lordships shall think fit to appoynt To the effect that a poor unfortunat persone Haveing fallen into such ane unthought off accident may not live and die in perpetuall misery But may have the benefite off Her Majesties grace in the ordinary termes of Law for his necessary releiff As the said petition bears Which Lyble Being upon the Tuenty fyfth day off November Jaj vjc and three Read in presence off the saids Lords They therby Nominated and appoynted The Lords Advocat, Justice Clerk, Aberuchill, Rankeillour, Phesdo, and Tillecultrie To be a Committee to take precognition off the matter above represented And Recommends to the said Committee To meet the Threeteen day off January nixt to Come with Continuation and declaires any two a sufficient quorum And grants Letters off Dilligence at the petitioners Instance to Cite the Relict and nearest of Kin off the Deceast James Foster or Forester Indweller in Kilsuth And als to Cite such witnesses As the petitioner shall make use off for clearing the matter Represented in the above petition all to Compear befoir the said Committee the forsaid day with Continuation With power to the saids Lords To take the oaths off the saids witnesses and all other necessary probatione and Examine the witnesses For clearing Off the said matter and to Discuss all objectiones That may be proponed againest the witnesses to be adduced and for that effect assignes the said Threetten day of January nixt to Come Conforme wherunto the Depositiones off seaverall witneses were taken there As the samen Extant in proces bears Thereafter upon the day and date off their presents The Lords off Her Majesties privie Councill Haveing considered the above petition Given into them By Murdoch Mclean younger of Lochbuie Togither with the Remitt off Councill therin and Letters off Dilligence at the petitioners Instance and Executiones therof againest the nearest off Kinn off James Foster or Forrester Indweller in the Toun of Kilsyth Togither with the Depositiones off the witnesses led in the said matter And the samen being read in their presence The saids Lords are of opinion that the petitioner had noe premeditat malice or designe againest the said James Foster or Forrester the Defunct And that the said Defunct did invade the petitioner with his owen sword after the Defunct hade taken the same from him and beat him with it And Therfore Recommends the petitioner to Her Majesties Grace and favour for a Remission.

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/381

Act

Act Infavours off Murdoch Mclean of Lochbuy

Anent The petition given in and presented to the Lords of Her Majesties privie Councill By Murdoch Mclean of Lochbuy Shewing That where in the year Jaj vjc and nynty five The petitioner being a prentice to a wrytter to the signet was returning with some freinds in Company to his owen Country through the Toun off Kilsyth where wanting some horses To Carrie their baggage They stayed some hours and applied to the Bailiff to order some horses to be furnished to them who gave orders accordingly and their servants looking after horses in the mean tyme to hyre a great number off the Touns people fell upon them and beatt abused and dragged them through the streets Which moved the petitioner to mount his horse and to Challeng the Rable for their barbarous useage of strengers Wherupon one James Forrester or Foster Indweller in the said Toun Mounted one astairhead and gave the petitioner most oprobrious Language Calling him, Rascall, and Villan, Which provocked me to threaten him with my whip But Foster in his rage run violently upon the petitioner and Catcht hold off his sword and breaking the belt gott it from him and immediately drawing it beat the petitioner with his owen naked sword as he did also his servant over boeth our heads and shoulders and not therwith satisfied he reteired some steps with ane apparent designe to thrust the petitioner through Lykeas in effect the thrust Came closs upon the petitioner breast Wherupon he acknowledges that he was soe surpryzed and put to it For his owen saifty That haveing noe other mean off Defence The petitioner drew his pistole and aimed the shot at his arme on purpose to disable him But my aim faileing, the shot wounded him in the body off which wound the said James Foster dyed within a few dayes Thus being the trew state of the matter The petitioner was and is most heartilie sorry for the misfortune and have ever since languished under the greiff of it But ther being noe fore thought Fellony in the caice nor the least designe to kill the poor man with whom the petitioner never was befoir concerned and the thing being done necessarly in his owen deffence altho with the forsaid unluckie event The petitioner humbly conceaved The caice deserves Her Majesties commiseration and pardon which that he may the more easyly obtain He does in all humillity desire that their Lordships would be pleased to order a precognition by some off their owen number off the plain matter off Fact as was practised in the Caice off the slaughter that happened where John Veitch off Dauks sone was concerned And Therfore Creaving their Lordships In consideratione of the premisses To order the forsaid precognition to be taken by some off their owen number And for that end to give warrand or Letters to Cite Relict and nearest of Kinn off the said defunct As also such witnesses as may give a full and clear evidence in all this affair and that betuixt and such aday As their Lordships shall think fit to appoynt To the effect that a poor unfortunat persone Haveing fallen into such ane unthought off accident may not live and die in perpetuall misery But may have the benefite off Her Majesties grace in the ordinary termes of Law for his necessary releiff As the said petition bears Which Lyble Being upon the Tuenty fyfth day off November Jaj vjc and three Read in presence off the saids Lords They therby Nominated and appoynted The Lords Advocat, Justice Clerk, Aberuchill, Rankeillour, Phesdo, and Tillecultrie To be a Committee to take precognition off the matter above represented And Recommends to the said Committee To meet the Threeteen day off January nixt to Come with Continuation and declaires any two a sufficient quorum And grants Letters off Dilligence at the petitioners Instance to Cite the Relict and nearest of Kin off the Deceast James Foster or Forester Indweller in Kilsuth And als to Cite such witnesses As the petitioner shall make use off for clearing the matter Represented in the above petition all to Compear befoir the said Committee the forsaid day with Continuation With power to the saids Lords To take the oaths off the saids witnesses and all other necessary probatione and Examine the witnesses For clearing Off the said matter and to Discuss all objectiones That may be proponed againest the witnesses to be adduced and for that effect assignes the said Threetten day of January nixt to Come Conforme wherunto the Depositiones off seaverall witneses were taken there As the samen Extant in proces bears Thereafter upon the day and date off their presents The Lords off Her Majesties privie Councill Haveing considered the above petition Given into them By Murdoch Mclean younger of Lochbuie Togither with the Remitt off Councill therin and Letters off Dilligence at the petitioners Instance and Executiones therof againest the nearest off Kinn off James Foster or Forrester Indweller in the Toun of Kilsyth Togither with the Depositiones off the witnesses led in the said matter And the samen being read in their presence The saids Lords are of opinion that the petitioner had noe premeditat malice or designe againest the said James Foster or Forrester the Defunct And that the said Defunct did invade the petitioner with his owen sword after the Defunct hade taken the same from him and beat him with it And Therfore Recommends the petitioner to Her Majesties Grace and favour for a Remission.

1. NRS, PC1/53, 128-30.

1. NRS, PC1/53, 128-30.