Act, 6 October 1697, Edinburgh

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

D1697/6/2

D1697/6/2¹

Decreet

Decreit Laird of Burray Against Pittcairne

Anent the lybell intended and perswed before the Lords of his majesties privie Cownsell the one therof being a lybell of reconventione at the instance of Sir Archibald Stewart of Burray with concurse of Sir James Stewart his majesties advocat for his hignes interest in the mater wnderwrittin Makeing mentione That albeit the troubleing and molesting of our Leidges be growndles and callumniows process befor the Lords of our privie Counsell And therby forceing them to farr Journeyes great trouble and expenses without any Jwst grownd and the makeing wse of other persones names as Joineing with them in the said complaint Be crymes of a high nature and severelie pwnishable Nevertheles It is of veritie that Mr Alexander Pittcairne minister at the south and north kirks of Sowth Ronaldsey and kirk of Burrey and Late Dean of Orkney is gwiltie of and hath presumed to commit the foirsaid cryme in so farr as he haveing conceaved ane inveterat prejudice and growndles malice against the said Complainer he of purpose to putt the said Sir Archibald Stewart to great trouble and expensses for Satiating of his own wnjust malice hath raised and execut a most wnjust and callwminows complaint against the said Complainer befor the saids Lords of our privie Cownsell The Severall articles wherof are holden as repeated herein brevitatis Causa And therby forced the said Complainer and Severall others Countrey people to come from Orkney to Edinburgh in the tyme of ther Laboureing and therby putt them to verie great trouble and expensses For Doeing wherof the Said Mr Alexander Pitcairne owght and Should not only be decerned and ordained to make payment to the said Complainer of his haill expensses occasioned by the foirsaid growndles perswte extending to the Soume of […] But alsoe be Severely pwnished in his persone and goods to the example and terror of others to Commit the lyke in tyme comeing And the other of the Saids lybells at the instance of the said Sir James Stewart advocat for his highnes interest in the mater wnder written Makeing mentione That wher by the sixt act of parliament J^aj vi^c and nyntie thrie all ministers of the gospell and preachers whatsoever are ordained to take the oath of alleadgeance and subscribe the Same with the assureance Subjoined to that act in maner and within the dayes appointed by the Same act or the other acts of parliament made therefter for that effect with certificationes that the minister not qwalifieing himself as said is Should be deprived of his benefice or Stipend or if not provided to a kirk Should be pwnished by banishment or otherwayes as the Lords of our privie Counsell Should think fitt Lykeas by the Second act of the parliament J^aj vi^c eightie nyn all persones are obleidged to acknowledge our royall power and nether by writeing Speakeing or any other maner of way to disown qwarrell or impwgne the Same wnder the paines therin mentioned Nevertheless It is of veritie that Mr Alexander Pittcairne minister of the gospell at South Ronaldsey in Orkney Suffered all the dayes appointed by the acts of parliament for Sweareing and Subscribeing as said is to elapse now of a Long tyme without qwalifieing himself in maner therin prescribed And notwithstanding therof presumptwowselie continwes to preach and exercise other pairts of the ministeriall fwnctione contrair to the said Law and acts of parliament Lykeas the said Mr Alexander Pittcairne did in one or other of the dayes of the moneths of the yeir J^aj vi^c nyntie five or J^aj vi^c and nyntie Six preaching in the South kirk of South Ronaldsey and other kirks Say openlie and most wickedlie that ws King William was ane villanows or tirraneows traitter who had putt away the righteows king and other rebelliows expressions And therfor owght to be deprived from his Stipend and benefice and furder pwnished As the Lords of our privie Cownsell Shall think meet to the example and terror of others to Comit the lyke in tyme comeing And anent the chargers given to the said defender to have Compeared personallie befor the saids Lord of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above complaints and to have heard and Sein Such order and course taken theranent As the saids Lords think fitt wnder the paine of rebellione etc As the saids lybells and executiones therof at more Lenth bears The Said lybell of reconventione and lybell at the instance of his majesties Advocat being this day called in presence of the Lords of his majesties privie Counsell And the said Sir Archibald persewer Compeareing personallie with Sir David Thores and Mr Hew Dallrimple and […] his advocats And his majesties advocat Compeareing personallie as persewer in his lybell for his majesties interest And the Said defender Compeareing personallie with Sir Patrick Home and Mr William Calderwood his Advocats Both lybells with the ansuers made therto being read and both pairties Lawiers fullie heard And the said defender being asked if he preaches and if he hes qwalified himself in the termes of Law acknowledged that he doeth preach But that he hes not as yet qwalified himself in the termes of the act of parliament And therfore and in respect that ther is High treasone lybelled against him in the lybell at the Lord Advocats instance Therfore the saids Lords of his majesties privie Counsell appoints the Said Mr Alexander Pittcairne to be caried prisoner by ther macers from the barr to the tollbwith of Edinburgh therin to remaine prisoner dureing the Counsells pleasure And in the mean tyme recomends to his majesties Advocat to intent and follow furth a proces of treasone against him befor the Lords Commissioners of Justiciarie And have deprived and heirby deprives the said defender from the South and north kirks of Southronaldsay and Kirk of Burrey and declaires all the saids thrie Kirks vaccand and decernes and ordaines the said Mr Alexander Pittcairne to flitt and remove himself his wyfe familie and tennents furth and from the manses and gleibs of the saids thrie kirks and owt of the saids thrie paroches Betuixt and the first day of Augwst next to come And continwes the modifieing of expensses in favors of the persewer against the defender untill another dyet And ordaines Letters of horneing to pass heiron wnder the Signet of Cownsell on Fifftein dayes and others needfull in forme as effeirs