Tag Archives: 5 August 1701

Act, 5 August 1701, Edinburgh

Posted on by

Edinburgh the fifth of Augst 1701

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

Edinburgh the fifth of Augst 1701

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.

Sederunt, 5 August 1701, Edinburgh

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Edinburgh the fifth of Augst 17011

D1701/8/42

Sederunt

Lord Chancellor; Marquis of Anandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Roseberrie; Lord Montgomerie; Lord advocat; Mr Francis Montgomry; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Phesdo; Laird of Stevenson

Edinburgh the fifth of Augst 17011

D1701/8/42

Sederunt

Lord Chancellor; Marquis of Anandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Roseberrie; Lord Montgomerie; Lord advocat; Mr Francis Montgomry; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Phesdo; Laird of Stevenson

1. NRS, PC2/28, 143r. This sederunt bears the same date as the preceding one.

2. NRS, PC2/28, 143r.

1. NRS, PC2/28, 143r. This sederunt bears the same date as the preceding one.

2. NRS, PC2/28, 143r.

Act, 5 August 1701, Edinburgh

Posted on by

Edinburgh 5th Agust 1701

D1701/8/31

Act

Act Lady Bonhard anent ane aliment

Anent the petition given and presented to the Lords of his majesties privie Counsell by Magdelen Drummond Spous to Walter Cornwall of Bonhard, Shewing That the petitioners beside the soume nyne thousand and eight hunder merks, Contained in her Contract of mariage, brought with her to her Husband, above five thousand merks in money truely payed, and was in Contemplation of the forsaid portion, provided to ane anuity of eighteen hunder, merks, beside a duelling house in Linlithgow, beside other Casualities, particularly four Loads of Coalls weekly and haveing now, a numerous famely of Childeren, she is Reduced, not only to great dificulties and Straits her selfe, But utterely unable, to subsist and provide, what is indispensably neccessar for the petitioners numerous Childeren and famely, through the Rigour and severty of some of the petitioners husbands Fathers Creditors, to whom tho he was not obnoxius yet out of Respect to his Fathers memory and to doe them Justice to his power he made himself lyble, never Imagineing that this Condescendance to them should have had such a return, as to Reduce the petitioner, and her Small Childeren to a poynt of starveing, and seing both out of Compassion, and Consideration of naturall Justice and equity, the saids Lords of privie Counsell both by the law are Impowered and in use to provide some suteable supply and aliment yearly to disconsolat and distressed wifes and Childeren, some way proportioned, and effeiring to the portiones they brought allong with them, and liferent provisions secured to them, in consideration thereof, and ther being no Cause which Can plead more dispensable neccesity or equitable Considerationes, then2 the petitioners wpon the grounds above Represented which are sufficiently Instructed both by her Conract of mariage, and seasing followeing therewpon herewith produced, It was Therefore Humbly Craved that the saids Lords in Consideration of the premises and to prevent the Childeren and the petitioners misery would appoynt ane alliment of one thousand and two hunder merks yearly (which is farr within what was provided to the petitioner, to be) payed to the petitioner yearly by the factor, appoynted to wplift the rents of the Estate of Bonhard, or by the tenants and possessors of the saids lands, and Estate, and Intrometters with, the Casuall writs thereof out of the first and Readiest of what is to be payed or intrometted with by them, wpon the petitioners Discharge to be granted to them, for the same, att two termes in the year, Whitesunday and Martimes beginning the firsst termes payment, against the fifteenth day of agust nixt, for the term of whitesunday preceeding as the said petition bears, The Lords of his majesties privie Counsell haveing heard this peition given in to them by the above Lady Bonhard, read in ther presence, they thereby allowed any person who pretended Interest therein, to see and and and3 answer, the same against the nixt Councill day, Thereafter the saids Lords of his majesties privie Councill by ther Interloquitor of this dayes date, they have modified and hereby modifies the soume of fifty pounds Starline yearly att two termes, in the year to be payd to the said petitioner, by Alexander Glen writter in Edinburgh, factor appoynted by the Lords of Session, for wplifting the rents of the Estate of Bonhard or by the tenants and possessors of of4 the saids lands and Estate, and Intrometters with the Casuall rents thereof Conform to a note subscribed by the said Lady to be given in by5 her, beareing the tenants and possessors ther proportiones due to them, and Decerned and ordained payment to be made of the said fifty pounds Starline yearly att two termes whitesunday and martimes, be equall portions beginneing the first termes payment wpon the term of whitesunday preceeding and so furth yearly and termly att two termes in the year Whitesunday and martimes in Winter be equall portions in all tymecomeing, dureing the petitioners liftyme, with her Husband, being twenty five pounds Starline for each term, and odains letters of Horning on fifteen dayes to be direct herewpon under the signet of Counsell and others wpon the premises in form as effeirs

Edinburgh 5th Agust 1701

D1701/8/31

Act

Act Lady Bonhard anent ane aliment

Anent the petition given and presented to the Lords of his majesties privie Counsell by Magdelen Drummond Spous to Walter Cornwall of Bonhard, Shewing That the petitioners beside the soume nyne thousand and eight hunder merks, Contained in her Contract of mariage, brought with her to her Husband, above five thousand merks in money truely payed, and was in Contemplation of the forsaid portion, provided to ane anuity of eighteen hunder, merks, beside a duelling house in Linlithgow, beside other Casualities, particularly four Loads of Coalls weekly and haveing now, a numerous famely of Childeren, she is Reduced, not only to great dificulties and Straits her selfe, But utterely unable, to subsist and provide, what is indispensably neccessar for the petitioners numerous Childeren and famely, through the Rigour and severty of some of the petitioners husbands Fathers Creditors, to whom tho he was not obnoxius yet out of Respect to his Fathers memory and to doe them Justice to his power he made himself lyble, never Imagineing that this Condescendance to them should have had such a return, as to Reduce the petitioner, and her Small Childeren to a poynt of starveing, and seing both out of Compassion, and Consideration of naturall Justice and equity, the saids Lords of privie Counsell both by the law are Impowered and in use to provide some suteable supply and aliment yearly to disconsolat and distressed wifes and Childeren, some way proportioned, and effeiring to the portiones they brought allong with them, and liferent provisions secured to them, in consideration thereof, and ther being no Cause which Can plead more dispensable neccesity or equitable Considerationes, then2 the petitioners wpon the grounds above Represented which are sufficiently Instructed both by her Conract of mariage, and seasing followeing therewpon herewith produced, It was Therefore Humbly Craved that the saids Lords in Consideration of the premises and to prevent the Childeren and the petitioners misery would appoynt ane alliment of one thousand and two hunder merks yearly (which is farr within what was provided to the petitioner, to be) payed to the petitioner yearly by the factor, appoynted to wplift the rents of the Estate of Bonhard, or by the tenants and possessors of the saids lands, and Estate, and Intrometters with, the Casuall writs thereof out of the first and Readiest of what is to be payed or intrometted with by them, wpon the petitioners Discharge to be granted to them, for the same, att two termes in the year, Whitesunday and Martimes beginning the firsst termes payment, against the fifteenth day of agust nixt, for the term of whitesunday preceeding as the said petition bears, The Lords of his majesties privie Counsell haveing heard this peition given in to them by the above Lady Bonhard, read in ther presence, they thereby allowed any person who pretended Interest therein, to see and and and3 answer, the same against the nixt Councill day, Thereafter the saids Lords of his majesties privie Councill by ther Interloquitor of this dayes date, they have modified and hereby modifies the soume of fifty pounds Starline yearly att two termes, in the year to be payd to the said petitioner, by Alexander Glen writter in Edinburgh, factor appoynted by the Lords of Session, for wplifting the rents of the Estate of Bonhard or by the tenants and possessors of of4 the saids lands and Estate, and Intrometters with the Casuall rents thereof Conform to a note subscribed by the said Lady to be given in by5 her, beareing the tenants and possessors ther proportiones due to them, and Decerned and ordained payment to be made of the said fifty pounds Starline yearly att two termes whitesunday and martimes, be equall portions beginneing the first termes payment wpon the term of whitesunday preceeding and so furth yearly and termly att two termes in the year Whitesunday and martimes in Winter be equall portions in all tymecomeing, dureing the petitioners liftyme, with her Husband, being twenty five pounds Starline for each term, and odains letters of Horning on fifteen dayes to be direct herewpon under the signet of Counsell and others wpon the premises in form as effeirs

1. NRS, PC2/28, 141v-142v.

2. One illegible word scored out here.

3. Sic.

4. Sic.

5. The words ‘given in by’ are an insertion.

1. NRS, PC2/28, 141v-142v.

2. One illegible word scored out here.

3. Sic.

4. Sic.

5. The words ‘given in by’ are an insertion.

Sederunt, 5 August 1701, Edinburgh

Posted on by

Edinburgh 5th Agust 17011

D1701/8/22

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Rossberrie; Lord Montgomerie; Lord advocat; Laird of Stevenson; Lord Aberuchill; Lord Philiphaugh; Lord Halcraige; Lord Croserig; Lord Phesdo; Mr Frances Montgomry

Edinburgh 5th Agust 17011

D1701/8/22

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Rossberrie; Lord Montgomerie; Lord advocat; Laird of Stevenson; Lord Aberuchill; Lord Philiphaugh; Lord Halcraige; Lord Croserig; Lord Phesdo; Mr Frances Montgomry

1. NRS, PC2/28, 141v

2. NRS, PC2/28, 141v.

1. NRS, PC2/28, 141v

2. NRS, PC2/28, 141v.