[A1641/7/22]¹

[Supplication of Mr James Mowatt of Ollaberry and Ninian Neven of Windhouse in Shetland]

Supplication Mowatt and Neving²

Unto the nobilitie and remanent memberis of the honorable and supreame court of parliament, humblie sheweth your honours supplicants Maistir James Mowat of Ollaberrie and Niniane Neven of Windhous in Yetland that quhair I, the said Maistir James, being elected and nominat laick elder for the presbiterie and ile of Yetland for this present generall assemblie, conforme to my commission for that effect heirwith produced, I am come heir to attend the said assemblie and to represent both to the parliament and assemblie the disorders, grievances and abuses committed be certain factious persons disaffected and evill disposed, alsweill of the clergie as laicks, for the quhilkis some of them are suspended be lauchfull sentence of the presbiterie and others are under their legall tryall and censure. Of quhilk number John Edmestoun, lait minister at Yell, and Maistir John Mitchell, lait minister at Tingwall and archdeane of Yetland, are tua quha are lawfullie suspended for their grosse miscariages. And they, fearing their just deserved punishment, have combyned and bound themselves with James Sinclar of Scalloway, Arthur Sinclar of Hous, Maistir Patrik Cheine of Halry, Lawrence Gishart, feear of Wedderstra, and Maistir William Hay, archdeane of Yetland, lykewise a deprived minister, who politicklie and subtilie to prevein the just complaints and grievances aganes them have forged a scandallous lybell fomented with calumnies and untreuthes, and therupon have purchased ane warrand from the committe of estates for summonding a number in Yetland who have lawfullie proceeded aganes them according to the discipline of the kirk, and have purchased another warrand for summonding of them before the generall assemblie, both quhilkis are execute to a certane dyet now approacheing. And they, finding that I, the said Maistir James Mowat, am come heir as commissionar for the assemblie and am to remonstrate the saids grievances and to ansuer to their injust persutes, alsweill before the parliament as assemblie, and that, I, the said Niniane Neven, am lykwise come heir to answer for my self in the saids persutes, we ar informed that the said James Sinclair hath denounced or intends to denounce me, the said Maistir James, to the horne and to debar me from appeareing ather in parliament or assemblie and to apprehend my persone for ane verrie injust cause, viz: as cationer in a suspension raised be certane udallers and heretors in Yetland aganis quhom the said James Sinclar obteaned ane wrangous decreit for the maills and dewties of their awin udall lands possest be them past memorie, and quhairof he purchased ane protendit infeftment under the greate seale over the heads of all kyndlie heretouris and udallers thairof. Lyke as Maistir Gilbert Mouat, sone to James Mouat of Ure, and the said Johne Edmestoun hes denounced me, the said Niniane Neven, to the horne, of sett purpose to debar me from defending in the saids caus. And sieing we are come heire for cleiring our selves and to represent the greivances of the country in maner forsaid, in equitie and justice our persons aught to be protected dureing our attendance heir at the least for the space of some few dayes whill our suspension and relaxation be past be the ordiner lords of session. For doing whairof we have causeit forme our bill upon most relevant reasons, bot seing in the meane tyme befoir our bills can be haid and considered our parties wha are our professed enemies may stryve to trouble our persons, in respect thereof we aught to have personam standi in judicio to persew and defend in the saids matters, otherwise both the publick and we in our awin particular interesse shall suffer prejudice, heirfore we humblie beseik your lordship to take the premisis to your consideration, and to grant protection to our persons that we may saiflie appeare before the parliament and assemblie respective dureing the dependance of the said matter, at least for some few dayes till oure suspension pass to grant ws libertie to stand in judgement for our awin defence, and for dischargeing of the commission intrusted to me, the said Maistir James, notwithstanding of the saids unlawfull horneingis useit aganis ws quhilk we shall make appeare to be most injust and unwarrantable in the owin tyme, and withall to discharge all magistrats, messengers of armes and others judges from anie troubilling, arreasting or apprehending our persons in the meantyme. And your lordships answer humblie we attend.

3 Augusti 1641

This supplicatione, with another in the contrast heirof be James Sinclair, being publiklie red be the parliament, they appoint the pairties haifing interest to appeir befoir the committe for the billis the morne to be hard in this bussines. And in the mein tyme, grantis protectioune to the supplicantis whill the morne at night.

12 August 1641

Takin up be me, Maistir James Cheyin.³