Warrant, 31 December 1695, Edinburgh

Edinburgh Thursday 14th February 1695

D1695/2/15

D1695/2/15¹

Act

²Act and Recomendation Stewart of Bigtoune

Anent the petition given in to the Lords of his Majesties privy Councill be Charles Stewart of Bigtoune for himself and oprest heritors of Zetland Shewing That quher the³ saids Lords hade ordained the Stewart of Orkney to sumond the Commissioners of Zetland who have exacted upon the poor Island of Zetland these eight years bygone the double of what have been Imposed by act of parliament To answer againe the thrid Councill day of June and have superceiding the Consideration of the petitioners expensses that he acclaimed from ther Collector Mitchell who hade detained the petitioner more then this twelue moneth after Certificatione past against him till that day, He humbly represents to the saids Lords primo That since it is a matter of publict concerne to free a poor Countrey from oppressione and that their Lordships have ordered the Stewart to cite the persones That they would also order his Majesties advocat to prosecute the affair and allow him to give such instructiones and directions to the stewart as that the persons necessary may be cited and all other things done that may bring the matter to a full and fair tryall It being in effect Impossible for the petitioner to prosecute it any furder unles the saids Lords authority be interposed in this maner Secundo that the saids Lords would be pleased to Declare that Mitchell the Collector whose proces is still resting depending is to be understood as sumoned apud acta to the forsaid day, And Tertio That ther Lordships would Impower his Majesties Advocat to Cause inspect or exhibit the books of the said Commissioners and to doe what else might be necesary for discovering the great abusses that hath been Comitted upon the forsaid Island Quarto That for preventing the like heirafter The saids Lords would be pleased to Declair that all heritors within the Island qualified according to Law are and may sitt and act as Commissioners of Supply and Lastly that the saids Lords would be pleased to Lay ther Comands peremptorly upon the Stewart under such Certificatione as the saids Lords should think needfull That ane affairs of so great Importance might not be longer neglected And Therfore Craveing the saids Lords Gracious in the premisses as the petitione bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above Charles Stewart They hereby Recomend to Sir James Stewart his majesties advocat to prosecute the above affair and to give such instructiones and directiones to the stewart as that the persones necessary may be cited and all other things done that may bring the matter to a fair and full tryall And Declairs that the above Mr John Mitchell whose proces is still left depending is to be understood as sumoned apud acta to the above day, And Impowers the said Lord Advocat To Cause inspect or exhibit the books of the above Commissioners and to doe what else may be necessary for discovering the great abusses that hath been Comitted upon the above Island, and the saids Lords allowes the names of such heritors in the said Island as are qualified to be given in to the said Stewart of Orkney, and by him returned to the saids Lords of privy Councill who will authorize them to be Commissioners as they shall see Cause, and ordaines the Stewart to be carefull in executing his part of the premisses.