Act, 6 October 1697, Edinburgh

Att Edinburgh the nynth day of Febrwarie J^aj vi^c Nyntie Seven yeirs

D1697/2/9

D1697/2/9¹

Act

Act Craigie of Gairsey

Anent the petitione given in to the Lords of his majesties privie Cownsell be Sir William Craigie of Gairsey Shewing that wher ther haveing bein a contract of wodsett betuixt the deceast Moddie of Melsetter and his deceast Grandgather Wherby for the Soume of Nyn Thowsand merks, Mellsetter dispones in wodsett to his said grandfather certaine Lands and teinds in the Island of Walls with a backtack wnder reversione, as the said contract beareing date in the yeir J^aj vi^c threttie eight bears The petitioner was necessitat upon Mellsetters not payment of the backtack Dwetie to raise declarator befor the Lords wherupon he also obtained a decreit in February J^aj vi^c eightie eight finding the irritancie incurred and that the petitioner might Sumarlie enter into the possessione without any wairneing Therefter in the yeir J^aj vi^c nyntie ane the petitioner Led ane adjudicatione of Mellsetters whole Lands And efter that Mellsetter had raised a reductione of the saids decreits and given in a bill of Suspensione The Lords upon the eighteen of Februarie J^aj vi^c nyntie two found the Letters orderlie proceeded But wher the petitioner sent messengers to the said Island to arreast the rents Mellsetter with his complices did violentlie fall upon the messenger and wittnesses and barbarowselie beate and brwised and Drove them out of the Island For which the petitioner haveing raised Letters befor ther Lordships and Sent new messingers to execute them they had no better fate But efter haveing bein worse beatten and brwised then befor were necessitat to returne the infecta When the petitioner represented these violences to ther Lordships Ther Lordships were pleased to give him new Letters to cite them at the mercat cross of Kirkwall ther not being tutus accessws otherwayes Which Mellsetter getting notice of then his freinds interposed and brought them to a new agriement wherby the petitioner was to have the possessione of the whole estate by a confident intrusted who was obleidged first to pay the Superiors dweties then to pay the petitioner the annwal rent of his accumulat Soumes And therefter the annualrents of other creditors allowing to Mellsetter and aliment owt of the remainder But thowgh this agriement was made in September J^aj vi^c nyntie thrie Mellsetter hath observed no pairt therof But by himself and his Sones possessors all without regaird aither to the petitioner or his creditors And furder he keepes in the Island two Hundereth Stand of armes for which he hath almost at his command the lyke number of men So that upon the Least apperance of any Landing ther for legall dilligence he hath imediatlie a formidable company readie to resist them and these being for the most pairt rebells are so Desperat that noe messinger Dare adventure to sett his foot in the Island But they are imediatlie brwised beatt and in Danger of ther lives by the said Mellsetter and his accomplices And he hes not only² comitted the foirsaid gross deforcements and crymes to the open and manifest contempt of the Law and the great prejudice and Loss of the petitioner But alsoe upon the Sixtein day of december Last the petitioner haveing Sent a Sumonds of reductione and improbatione to have bein execute against the Saids Mellsetters yownger and elder and also Sumonds of maills and Dweties against the tennents The Said Mellsetter his accomplices and Servants did inhwmanelie beatt Thomas Amerson the messenger and Thomas Andersone and John Gordon wittnesses who were Sent along with the Said messenger (for executeing the saids Dilligences) to the house of Mellsetter And did by violence Shwtt up the saids wittnesses into a Locked barne untill they Drove the messenger away from the said house And therefter they Lett owt the wittnesses and did beatt and maletreat them efter the Same maner And efter that both messenger and wittnesses had Done ther wtmost by Slight to make ther escape they persewed them with the number of Six horse men and four foot all armed men into the verie border of the Island and Did ther again beatt both messenger and wittnesses and beatt and Drove them qwite owt therof As appears by the executione of deforcement wnder the said messenger and wittnesses ther hands And thws not onlie the King as Superior and the foirsaids creditors are frwstrat of all payments But his majesties awthoritie contemned and the executione of his Lawes contained in a most insolent and rebelliows maner And Seing that the foirsaid Disorder and violence is whollie Singwlar and wnaccomptable in any civill government And that the petitioner can expect no releiff or remedie except from ther Lordships authoritie and assistance As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione and ansuers therto by William Moodie of Mellsetter with ane other petitione for Gairsey by way of reply to Mellsetters ansuers They heirby give order and warrand to the Stewart of Orkney and his deputs to furnish and assist the petitioner Such a competent number of men Sufficientlie armed as he Shall requyre or as Shall be Sufficient for putting the Lawes in executione and for executeing of any Legall dilligence at his instance against the said William Mudie of Mellsetter upon the petitioners own propper charges and expensses