[A1641/7/22]¹

[Supplication of Mr James Mowat of Ollaberry and Ninian Niven of Windhouse in Shetland]

Supplication of Mowat and Niven²

To the nobility and other members of the honourable and supreme court of parliament, humbly shows your honours' supplicants Master James Mowat of Ollaberry and Ninian Niven of Windhouse in Shetland that where I, the said Master James, being elected and nominated lay elder for the presbytery and isle of Shetland for this present general assembly, according to my commission for that effect herewith produced, I am come here to attend the said assembly and to represent both to the parliament and assembly the disorders, grievances and abuses committed by certain factious persons disaffected and evilly disposed, as well of the clergy as lays, for the which some of them are suspended by lawfully sentence of the presbytery and others are under their legal trial and censure. Of which number John Edmonston, late minister at Yell, and Master John Mitchell, late minister at Tingwall and archdean of Shetland, are two who are lawfully suspended for their gross miscarriages. And they, fearing their just deserved punishment, have combined and bound themselves with James Sinclair of Scalloway, Arthur Sinclair of Houss, Master Patrick Cheyne of Halry, Laurence Gishart, fiar of Wethersta, and Master William Hay, archdean of Shetland, likewise a deprived minister, who politically and subtilely to prevent the just complaints and grievances against them have forged a scandalous libel fomented with calumnies and untruths, and thereupon have purchased a warrant from the committee of estates for summoning a number in Shetland who have lawfully proceeded against them according to the discipline of the kirk, and have purchased another warrant for summoning of them before the general assembly, both which are executed to a certain diet now approaching. And they, finding that I, the said Master James Mowat, am come here as commissioner for the assembly and am to remonstrate the said grievances and to answer to their unjust pursuits, as well before the parliament as assembly, and that, I, the said Ninian Niven, am likewise come here to answer for myself in the said pursuits, we are informed that the said James Sinclair has denounced or intends to denounce me, the said Master James, to the horn and to debar me from appearing either in parliament or assembly and to apprehend my person for a very unjust cause, namely, as cautioner in a suspension raised by certain udallers and heritors in Shetland against whom the said James Sinclair obtained a wrongful decreet for the mails and duties of their own udal lands possessed by them past memory, and whereof he purchased a pretended infeftment under the great seal over the heads of all kindly heritors and udallers thereof. Likewise Master Gilbert Mowat, son to James Mowat of Ure, and the said John Edmonston has denounced me, the said Ninian Niven, to the horn, of set purpose to debar me from defending in the said cause. And seeing we are come here for clearing ourselves and to represent the grievances of the country in manner foresaid, in equity and justice our persons ought to be protected during our attendance here at the least for the space of some few days until our suspension and relaxation be past by the ordinary lords of session. For doing whereof we have caused form our bill upon most relevant reasons, but seeing in the meantime before our bills can be had and considered our parties who are our professed enemies may strive to trouble our persons, in respect thereof we ought to have a person of standing in judgement to pursue and defend in the said matters, otherwise both the public and we in our own particular interest shall suffer prejudice, therefore we humbly beseech your lordships to take the premises to your consideration, and to grant protection to our persons that we may safely appear before the parliament and assembly respectively during the dependence of the said matter, at least for some few days until our suspension pass to grant us liberty to stand in judgement for our own defence, and for discharging of the commission entrusted to me, the said Master James, notwithstanding of the said unlawful hornings used against us which we shall make appear to be most unjust and unwarrantable in the own time, and with all to discharge all magistrates, messengers of arms and other judges from any troubling, arresting or apprehending our persons in the meantime. And your lordships' answer humbly we attend.

3 August 1641

This supplication, with another in the contrast hereof by James Sinclair, being publicly read by the parliament, they appoint the parties having interest to appear before the committee for the bills tomorrow to be heard in this business. And in the meantime, grant protection to the supplicants until tomorrow at night.

12 August 1641

Taken up by me, Master James Cheyne.³