Act, 28 December 1703, Edinburgh

Edinburgh the 20th September 1703

D1703/9/10

D1703/9/10¹

Act

Act Infavours off Alexander McKinzie of Broomhall

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Alexander McKinzie of Broomhill Shewing That their Lordships petitioner with concurse off Her Majesties Advocat haveing raised a Complaint befoir their Lordships Against John Sinclair off Ratter, William Sinclair his sone and others his accomplices for their violent Invading with armed men and force the Uppertoun and Lands of Stroma pertaining to the petitioner and takeing violent possession therof and beating wounding and thrusting out the petitioners tennents and factors out of the possession therof and doeing many Acts off violence therin Lybled And the petitioner Haveing led a probation off this possession of the saids Lands Which haveing been advysed by their Lordships and found clear and proven The said John Sinclair off Ratter nor any off his accomplices not Compeiring Their Lordships by their Decreit the Eight of Jully J^aj vij^c and two Granted certefication againest the deffenders Defenders² with Letters off Denunciation And ordained the Sheriff off Caithness To put the petitioner and his factors and Tennents into the paceable possessione off the saids Lands and to maintain them them³ therin and accordingly they wer Repossessed and Ratter and his men and accomplices wer Denunced Rebells As the Letters off Denuncation with the Executiones therof duly registrat herewith produced will testify. But the said John Sinclair of Ratter Being resolved upon mischeiff and a Lawless man whom noe Law or Government can bind He is returned to and Renewed his former Acts of violence and continually oppresses molests and Disturbs the petitioner and his Tennents and Factors in the possession off the saids Lands And takeing noe Regaird off their Lordships Decreit He and his former accomplices who are allready Denounced Rebells and others afternamed off new joyned with them Have by violence repossessed them selves and Dispossessed the petitioner and his Tennents and Factors out off the possession off the saids Lands and principall dwelling house therof and Committed many new acts of violence and oppression In soe farr as John Sinclair of Ratter, William Sinclair his son, John Dundass, George Geddes, John Smith, John Rossie, and William Shearer His Tennents and accomplices came upon the Thrid day off May last by past To the Island of Stroma wher the said Uppertoun off Stroma lyes and in the morning of that day they pulled up all the Haill plants that wer in one off the Tennents yairds in the said Uppertoun and threw the plants over the yaird Dyke and in the afternoon the said William Sinclair with the other accomplices forsaid Did come and take away the tennents by force that wer dighting ther Come and Ratter caused his said son William beat Swan Waes one off the said Tennents and also caused them delve Andrew Sinclairs yaird (out of which he hade taken the plants) and the same day Did sew it with bear and in the nixt day he caused the Tennents teill some pairt of the Land that had been formerly sewen and Did sew it ever againe and also the same day he forced the Tennents to tell some other pairt off the Land and sow it with bear Ittem upon upon⁴ the sexteen day of May last at night The said Lawless man with his Eldest sone John Sinclair, John Brock, George Geddes, William Shearer and William Cowie Came that night and distroyed Swan Waes his plants and killed his doulls and that same night they came to the Neithertoun off Stroma and took Patrick Anderson Anderson⁵ by force out off this Rigg wherof he was delving his Land and caused him climb the rocks for the Eggs of such sea foulls as frequent there And upon the seventeenth day of the said moneth off May in the morning They came to William Linklaer one of the petitioners Tennents and did violently take away his pot and the same day about Ten aclock they forced the tennents to cast peats to them in the Moss And upon the Eighteen day off the said moneth off May The said Ratters Lady with her said son John and John Dundass Came into the Isle And upon the Nyneteen day the said Ratters sones William and John Sinclairs, William Brock, James Brock, James Shearer, James McBeath, and John Manson Came to the neither toun of Stroma, and did violently take away Two Cows, and a horse out off a yaird wherin they wer put and keeped for security after they wer poinded for Debt from […] Ross one off the Tennents and Syklyke upon the […] day of August last By past The said Lawless man with his Two sones and other associats forsaid Did againe violently invaide the said Island of Stroma and possest himself of the principall dwelling house off the Uppertoun therof And violently take the Tithes of the Cornes off the said upper Toun according as the Tennents did shear the same Day by day And yet still continues To take away the Teind daily off the said Cornes as the Tennents doe shear the same and many other Acts off violence and oppression which are to many to be rehearsed and Continues his possession to this day And when the petitioner and his factors Did make application to the Sherriff off Caithness for redress according to their Lordships orders to him To put and keep us in the paceable possession off the saids Lands yet he refuised to doe the same without further assistance And Therfor the petitioner is necessitat to make application to their Lordships Representing the premisses And that it is impossible for any man To Enjoy his owen property if such Acts of violence and oppression be not restrained and punished as they deserve And Thairfore Creaving His Grace and Lordships In consideration off the said Laufull violence and Contempt of their Lordships authoritie To Recommend to the Commander in Cheiff To give order to the Commander off the Forces nixt adjacent To Fortifie the said sherriffs and the petitioner in dispossessing the Forsaid Ratter and his accomplices out off the saids Lands and houses wher he and his accomplices themselves and reponing the petitioner to his right and possession of boeth As also to fortefie the Execution off any Dilligence compitent to the petitioner upon their Lordships former⁶ Decreit and that ay and whyll the said Ratter may be not only compelled To desist from all his violences But to repair all the Damnages That the petitioner or his Tennents and servants have Sustained As the said petition bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition Given into them By Sir Alexander McKenzie of Broomhall And the samen being read in their presence His Grace and the saids Lords Doe Heirby Recommend to and appoint and ordaine The Sherriff principall off the sherriffdome off Caithness and his Deputs To Dispossess and Eject, John Sinclair off Ratter and William Sinclair his sone and others his accomplices furth and from the upper Toun and Lands of Stroma and principall dwellings therof pertaining to the petitioner And appoints and ordaines The said sherriff and his Deputs to put the petitioner in possession theroff and to maintain and deffend him therin And if need beis to Call for the posse Comitatus of the Shyre for his assistance from tyme to tyme in the Executione heirof And to see the Dilligence at the petitioners instance against them put to due Executione.