Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie second day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/8

D1697/1/8¹

Act

Act In favours of John Vaitch

The Lords of his majesties privie Cownsell haveing heard and considered a petitione given in to them be John Vaitch presenter of the Signators Shewing That wher in ane wnhappy ramcounter that happened in Aprile Last Betwixt Mathew Mckaill son to Mr Mathew Mckaill advocat and Mr William Trent a writer yowng man in Edinburgh both knowen to be Comorads and wnlwckielie falling owt for a triffle John Vaitch the petitioners Son and William Drumond Son to Logie Drwmond both yowng men scarce past ther immoritie were engadged to goe furth with the other two as seconds in the fatall appointment that they had made in ther follie in the park of Holyrwdehouse in which Ramcownter which past without any wittnesses the two principalls did fall and were found Dead and the petitioners said Son and the said Drummond have ever since fled and absconded And Seing that by all circumstances it appears to be in a caice Deserveing his majesties mercy and pardon The two wnfortwnat Seconds haveing acted no more then the pairt of two foolish wittnesses And that for obtaineing his majesties grace and remissione It may be expedient that a precognitione may be taken of the ryse of the qwarrell and of the occasione of the Seconds if any was and of what els relates to it And therfor humbly craveing ther Lordships would be pleased in consideratione of the premisses to appoint a precognitione to be taken of the said mater in order to grace and mercie as hes bein wswall in the lyke caices Which petitione being read in presence of the saids Lords upon the twentie nynth Day of December Last they appointed a comittie of ther own number to precognosce the said mater And upon report of the said Commitie of the declarationes by them taken of severall wittnesses adduced both by the said John Vaitch elder And Likewayes of the said Mr Mathew Mckell father to the said deceast Mathew Doe find that the said John Vaitch younger was not in the companie nor at all present when the qwarrell first fell owt on the Saturnday betuixt the deceast Mathew Mckale and the deceast Mr William Trent who were both killed on the Munday therefter and found dead upon the place And that nothing more is proven as to the said John Vaitch in the mater of the said Slaughter And all that can be gathered from the declarationes taken is That the said John Vaitch younger came on the interveeneing Swnday and called on the said deceast Mathew and that a boy came in his name and Desyred the said deceast Mathew Mckale to come to the said John Vaitch in the morneing a Litle before the Slawghter happened which is neither soe clearlie declaired nor appears to be of great import