Act, 28 December 1703, Edinburgh

Edinburgh the 24th September 1703

D1703/9/16

D1703/9/16¹

Act

Act Infavours off Charles Steuart of Bigtoun

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill By Charles Steuart of Bigtoun ther² Shewing That wher albeit by 43d Act of King James the Seventh Daited the 16th June 1685 Considering the great Distance of the Isleands of Orkney and Zetland from Edinburgh It is stauted and ordained that all Summonds to be Intented againest the Inhabitants of Orkney and Zetland befoir their Lordships or Lords of Session or befoir Commissioners of Justiciary and Letters of Horning and Lauborrowe’s aither upon Decreits or by warrand shall be Execute upon Fourty dayes Yet John Scott of Scottshall Hath out of malice and prejudice and off purpose to Catch advantage of the petitioners iff possible, Chairged the petitioner with Letters of Lauborrowes Raised befoir their Lordships and that within six dayes as also hes insert in the saids Letters Lawrence Steuart Elder of Bigtoun a Man past seventy sex years off age and who is knowen to live peaceably all his dayes And Because the said John Scott knowes that Laurence Bruce off Sumburgh who is Lykewayes a Zetland man would be the petitioners Cautioner the said Scott hes Lykewayes insert him in the Letters wherby to preclud him from being Cautioner And seeing that the forsaid Letters off Lauborrowes Is directly conterary to the Act of parliament and that it appears meer malice in John Scott take out Letters againest any of the petitioners And Therfore Humbly Craving That their Lordships will take the premisses to their consideration And aither Recall and Dischairge the forsaids Letters of Lauborrowes as unwarrantably taken out or otherwayes to allow Suspension therof To pass without Caution or Consignation or at least would allow Laurence Bruce of Sumburgh To be Cautioners for the petitioner the said Charles Steuart or all of us Cautioner one for another and allow a Compleit tyme For that effect suitable to the great distance the saids persones live at and the unfrequencie off occasiones to or from that place And in the mean tyme to sist all Execution on the Chairge allready given to me the said Charles Steuart according to Justice As the said petition bears Which Petition Being upon the Nynth of March last Read in presence of the saids Lords They heirby Sisted all Execution upon the Letters of Lauborrowes Raised at the Instance of John Scott of Scottshall, Againest the petitioner untill the first day of June nixt to Come And in the mean tyme allowes the said John Scott to see and answer the petitione And the said petition being upon the day and date of thir presents Called His Grace Her Majesties high Commissioner and the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By Charles Steuart of Bigtoun And the samen being read in their presence His Grace and the saids Lords Doe heirby appoint and ordaine the Gives order and warrant To the Clerks of privie Councill To receave the petitioner and Laurence Bruce of Symburgh ilk and Cautioners for others in ane Suspension off Lauborrowes at their instance against John Scott of Scottshall.