Edinburgh the fifth of Augst 1701
D1701/8/5
D1701/8/51
Act
Act Captain James Mudie Anent executeing any letters att his or his factors instance against William Mudie att the head burgh of the shyre or stewartrie in respect ther is not tutus accessus
Anent the petition given in and presented to the Lords of his majesties privie Counsell by Captain James Mudie Senior present Comander of his majesties ship the South ampton and Captain James Mudie Junior his nephew and factor, Showeing That where Wiliam Mudie of Mollstter the petitioners Brother, being debitor to Sir William Craigie of Gairsey and severall others in vast and Considereable Soumes of money farr exceeding the value of his Estate yett by his Bangstrie illegall and unjust measures he still retained the possession thereof without payeing a six pence to any of his Creditors, wherewpon the said Sir William Craigie haveing with his messengers and assistants, been oft tymes, deforced, and hundered froum Loadeing within the Isle of Walls to execute any legall dilligence against him)2 he was neccessitat to mean himselfe to the saids Lords of privie Counsell for a warrand to the Sheriff deput of Caithnes Stewart deput of Orkney with a partie of his majesties forces, that lay nixt adjacent thereto for putteing him in the peaceable possession of the said Estate Conform to his legall dilligence, The said Wiliam Mudie finding himselfe in thir straits and difficulties and that it was not possible for him and such a parcel of vagabonds, as he had for his accomplices to resist and gainstand his majesties authority and lawes, any longer he means himselfe by many and frequent letters to the petitioner being his only brother earnestly entreating him, to setle and transact with his Creditors, and to take the possession of his Estate to himselfe so that by this Importunitie and for the preservation of the Estate and famely in the name, he was prevailed with to Come doun from London, to Edinburgh in anno one thousand Six hunder and nynty seven and setle with the preferable Creditors to whom he payed over the boord farr more then the value of the Estate, and acquired right to ther legall dilligences asserting the Samen, wherewpon the petitioner stands infeft under the great Sale and in possession, But the petitioners ungreatfull brother, takeing advantage of his absence being obleidged to attend his majesties service drives on his former, illegall lews and unwarantable practises to that Degree that the petitioners factor, Can scarcely gett als much of the rents as will pay the kings dury nor dares any messenger Come near the Island where he lives to execute any letters against him, he and his accomplices threatneing with blunderbusses and Guns to sink them and ther boats in suae farr as wpon the […] day of Agust seventeenth hunder the said Wiiam Moodie with his accomplices, viz Murdoch and Alexander Kenedies Duncan McRonald Wiliam Stewart Laurance Isbister, John Sinclair Elder and John Sinclair younger Donald Bowers elder and younger, Andrew Sinclair Wiliam Bower, Hendrie Rosie, Hendrie Lyell, James Wilson, Andrew Stout, Wiliam Banks and severall others illegall persons Come over from ther Garison in the Isle of Stronia to the Isle of Walls, all in armes, and dispossesst Hary Stewart, the petitioners factor, for the tyme of two ferries and fery boats and beat away his servants, who were attending att the said Ferrie the tyme of the Lambes mercat att which tyme of the year, ther is a great many horse colt etc Caried too and from Caithnes to Orkney, wherewpon the petitioners said factor, haveing raised letters of lawborrowes with a summonds of Spulzie against him, and his accomplice and haveing sent a messenger with a boat full of men, to the Isle of Stroma to execute the Samen, they were mett with at the shoar, by a great many armed men, and threatned particularly, by the said Murdoch and Alexander Kenedie, who swore if they offered to Come near land they would fyre wpon them, wherewpon the said Island being as inaccessable, as the Bas, ther being no parte to land, in but two Clifts of a Rock, (where three men are able to defend three thousand) the messenger was necessitat to return without executeing the letters, and finding themselves, so successfull in there unwarrantable practises, they proceed in suare farras wpon the thrid of July Instant, he the said Wiliam Moodie of Mellsetter, with his said accomplices, with all the other idle vagabonds, he Could find in Caithnes and Orkney, Came all armed in a hostile maner, from the said Island of Stronia to the Island of Walls, and brock wp the petitioners house of Mellsetter, took possession thereof keeps Gairieson therein, oppresses the tenants and taken possession of the mains laboureing goods and severall other Catle, belonging to the petitioner takeing bonds, and promises of the haill tenants and Inhabitants, of the Island, to John and abyd with him, against the petitioners factor, and voweing and sweareing, that if The petitioners factor, offer to resist him, or Complain to the Government of him, he will pistoll the petitioners factor, (Tho he is his own Son) Burn the petitioners house of Melsetter, and destroy the whole Island, by all which Cruell desperat and illegall practiques, his majesties lawes and authoritie are Contemned, and the petitioners interest ruined, and a great many poor people in the Island, the petitioners tenants neccessitat to abandoun ther houses and interest for fear of ther lives It was Therefore Craved the saids Lords of his Majesties privie Counsell would grant warrand to messengers at armes for executeing of all letters, att the petitioners and his factors instance against him and his accomplices, att the head burgh of the Shyre, or Stewartrie, in Respect, ther is not tutus accessus to them, The Lords of His Majesties privie Counsell haveing heard the within written petition given in to them be Captain James Mudie Senior Commander, of his majesties ship, the Southamptoune, and Captain James Mudie Junior, his nephew and factor read in ther presence, they hereby allow the within Wiliam Mudie of Mellsetter for Wiliam Craigie of Gairsey, and any others Concerned to See and ansuer the same, which petition being wpon the day and date of thir presents, Read in presence of the saids Lords They haveing Considered this petition given in to them be the within Captain James Mudie, they doe hereby grant warrand to messengers at armes for executeing of all letters and other dilligences before the privie Counsell att the petitioners instance or his factor against the within Wiliam Mudie of Mellsetter, and his accomplices att the head burgh of the shyre or stewartrie of […] In respect ther is not tutus accessus to them
1. NRS, PC2/28, 143r-145r.
2. Opening bracket is missing.
1. NRS, PC2/28, 143r-145r.
2. Opening bracket is missing.