Decreet, 29 December 1698, Edinburgh

Att Edinburgh The Twenty sixth day of Aprile J^aj vjc Nynty Eight years

A1698/4/13

A1698/4/13¹

Act

Reprive In favours of Malcolme Moire

Anent The Petition given in to the Lords of his Majesties privy Councill by Malcolme More alias Reed prisoner in the Tolbooth of Pearth. Shewing That there petitioner being upon the first day of Aprile Instant sentenced by the Sheriff Depute of Perth to be hanged upon the 27th Instant for the alleadged Killing of Isobell Gloage Daughter to Ninian Gloage att the wood End of Nairn Their Petitioner does humbly Represent to their Lordships That ever their petitioner had the Least prejudice or any Evil or malicious design against the defunct or any other person whatsomever The True matter of fact (as to that, unhappy accident) Being as follows viz: Ther petitioner and his Collegue having Travelled all that morning and being both hungry and faint and wearied they came to the house of Ninian Gloage a common change house in my Lord Nairn’s Bounds and having gott their ane Choppin of ale and a piece of course Bread and not having money upon them to pay for the same, They were willing and did offer and promise both by parole and solemn oath, to pay the same att the next occasion, But the said Ninian Gloage would accept of no satisfaction unless Ther petitioner would Leave his Gun as a pledge for the said small Reckoning and declared That if he would not Consent to Leave her, he wold take her from him by force and accordingly did grip the Butt-End of the Gun and where their petitioner was only holding her by the midle, The Gun went of and Killed Issobell Gloage daughter to the said Ninian Gloage dead upon the place That the said slaughter of the said Issobel Gloage was only accidentall and that their petitioner hade no design of murder Either against her or any other person whatsomever. But that The said Slaughter was allenarly casuall and accidentall, Which by our Law specialy by the act of Parliament 1661 does not announce To any Captiall punishment, And the Petitioner being upon The 21 Instant sentenced to die to morrow being the 27th It is, obvious to their Lordships how short tyme is allowed the petitioner since he is unprepared for Eternity. And the Petitioner in all humilitie presumes, That if any person hade appeared for him and proponed a Defence upon the said act of parliament 1661 Anent casual homicide no succh sentence would have been pronunced against him. And Therfore Humbly craving to the Effect underwrittin as the said petition bears. The saids Lords of his Majesties privy Councill Having Considered this Petition given in to them by the within Malcolme More alias Reid, They heirby Reprive the Petitioner from the Sentence of Death, pronunced against him by the sherriff of Perth, untill the Fourteinth day of June next to come Inclusive That the Councill may take further Information in this matter and ordains the said sentence to be putt to Execution against the petitioner upon the Fifteenth day of the said Moneth of June next to come unless the Councill give order To the contrary. Sic subscribitur Annandale P Tweddale, Southerland, Ruglen, Yester, Tarbat, Teviot, Adam Cockburne, Archibald Muire.