Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie Fourth day of Jwny J^aj vi^c nyntie seven yeirs

D1697/6/21

D1697/6/21¹

Act

Act Stewart of Burrey

Anent the petitione given in to the Lords of his majesties privy Counsell be Sir Archibald Stewart of Burrey Against Mr Alexander Pitcardine Late Deane of Orkney Shewing that wher the said Alexander Pitcardin haveing Sumond the said Sir Archibald to appear befor ther Lordships from Orkney upon a most callwminows lybell and now efter the great travell and expenses he hath putt the petitioner to and the wittnesses abovenamed passes from his lybell upon a most growndles pretext that these whom he intyced to concurr with him have passed from what he instigat them to Lay to the petitioners charge tho nothing of his concerne The petitioner most humblie layes befor ther Lordships primo That if the alleadgeances he was pleased to make in his petitione excuseing his passing from his lybell wherin in effect he most callwmniowselie repeatts his whole lybell have the Least weight the petitioners answers are and were in the clerks hand wherby these his groundles callwmnies are qwite taken of And because it seemes absurd that he should pass from his lybell and yet repeat the Same in ane other maner And that the petitioner was perswaded that wher a lybell was past frae ther Lordships would regaird nothing lybelled The petitioner did not then wrge his own vindicatione which yet because of his insisting in his callwmnies may be necessarie Therfore he againe humbly craves that his said answers may be read if ther Lordships doe in the least Judge it neidfull Secundo That whatever inconveniencie his own folly hath brought him to upon the proces against him at the instance of his majesties advocat As to which the advocat will beare the petitioner witness that he was noe instigator of it yet it is still most Jwst and reasoneable that he be ordained to pay the petitioners expensses for which he hes raised his reconvention which hath bein read befor ther Lordships And in the consideratione reserved And Tertio that any warrand that the Said Mr Pitcairne obtained from two of the persewers that concurr with him was trwelie procured from them efter he had maliciouselie raised the Sumonds against the petitioner the said Sir Archibald without ther previows warrand and is (if any such be) plainlie a bare memorandum that can never be obtruded to excuse the expensses trouble and vexatione that he hath pwtt the petitioner to Qwuarto The only point of any consideratione of relevancie charged upon the petitioner is a pretended injurie Done to Hwgh Goodsir who never gave any warrand for such a complaint nor did he any wayes concurr with Mr Pitcairne But on the contrarie disclames the mater of fact alleadged in the lybell as false and callumows And Last wheras it is alleadged that the petitioner have transacted with thrie of the complainers and taken them off It is also most injurows for the petitioner does protest and declare that he never gave nor promised to any of them one farthing of money or good deed But one of these pretended persewers haveing never given any concurse or consent And the other two being Drawen to it by Mr Pitcairnes insinwatione And all thrie haveing past from the lybell friely of ther own accord it was Laufull for the petitioner to accept the Same as a furder evidence to ther Lordships of the Complainers malice and his innocencie as to what he wnjustlie charges upon him And therfor Humbly craveing ther Lordships in consideratione of the premisses to modifie and decerne his damnadge and expensses As the said petitione at more length bears The Lords of his majesties privie Counsell haveing this day considered the said bill They have modified and heirby modifies the Soume of Five Hundereth merks to be payed be the above Mr Alexander Pircairne and John and David Fleets merchands in Southronaldsey persewers in the lybell raised befor the Counsell against the said Sir Archibald and decerns and ordaines the saids thrie persones conjunctllie and severallie to make payment to the said Sir Archibald of the same in respect the said Mr Alexander hes eased a lybell in his own and the other two persones ther names befor the Counsell against the said Sir Archibald wherin they have not insisted but the said Mr Alexander hes past from the same efter they have brought the said Sir Archibald frae Orkney to this place And decerns each of the saids thrie persones to releive others of ther eqwall Shares of the said soume of Five hundereth merks decerned for And ordaines Letters of horneing on fiftein dayes and others neidfull may pass heirupon in forme as effeirs