[1661/1/54]¹

David Sinclair

The estates of parliament having taken to their consideration a supplication presented to them by David Sinclair of Rysa, lawful son to the deceased Hugh Sinclair of Rysa in Orkney, and the provost, bailies and ministers of Edinburgh for their interests, showing that the said David and his authors have right to the said lands of Rysa and have been in peaceable possession thereof without trouble or impediment these forty years bygone and more by virtue of a right flowing from James [Law], sometime bishop of Orkney, the feu duty of the which lands belong to the town of Edinburgh as a part of their ministers' stipend, until upon 16 October last that the said David's father was removed by death and James Moodie of Melsetter in Walls in Orkney, accompanied with nine or ten accomplices to himself, came to the said lands and house of Rysa, and most unchristianly and inhumanely fell upon the supplicant (he being but a minor) and in a hostile and most violent manner, without any order of law (taking advantage of the times and of the distance from this place where the seat of justice is) intromitted with the duties of the said lands of Rysa and whole corns and crop upon the ground, and caused thresh the same and applied the corns to his own use, as also most barbarously entered the petitioner's dwelling place with his said accomplices, and thrust him out of doors, and beat him to the great effusion of his blood, and did cast out all the plenishings out of his house, masterfully took the keys thereof from him, he having none to assist him but the number of three or four witnesses who were standing by and dare not venture to oppose so great a number, and thereafter James Moodie settled some of his own servants in the house and caused the tenants take new tacks of him and his son which they were forced to do or else to lose all their corns and goods upon the ground. And seeing this is a horrid riot contrary to his majesty's laws and acts of parliament and being done against a fatherless minor who has no livelihood nor means of subsistence unless some speedy course be taken therewith and, therefore, craving commission to be granted to Mr Patrick Graham of Rothiesholm, James Baillie of Tankerness, George Smith of Rapness, late convener of the sheriffdom of Orkney, Thomas Wilson, one of the present bailies of Kirkwall, James Stewart of Graemsay and Colonel John Stewart of Newark, or any others whom the said estates of parliament should think fit, to examine and investigate upon the business and, if it shall be found that there is a riot and oppression committed, that they may be authorised to restore the petitioner and his tenants to their right and possession of the said lands, dwelling houses and mill of Rysa, and to cause the said James Moodie refund to the petitioner such damage and expenses as he has sustained by the said riot and his coming to Edinburgh and turning back in prosecuting this business, and for that effect to authorise them to summon the said James Moodie and his accomplices and the witnesses who were present to compear before them at such times and places as they shall appoint for clearing of the said matter. This together with the report of the commissioners appointed for bills (to whom the same was referred) made in the said matter, the estates has given and granted and hereby give and grant full power and commission to Sir William Sinclair of Canisbay, William Sinclair of Rattar, William Sinclair of Dunbeath, David Sinclair of Southdoun, Colonel John Stewart of Newark, Mr Patrick Graham of Rothiesholm and Robert Stewart of Burgh to meet at any day or days place or places in Orkney and to take trial anent the circumstances, and for that effect to call before them the said James Moodie and to receive witnesses for clearing of the said matter, and to emit their warrants for summoning of them to that effect and, as they shall find the said James Moodie to have wronged the said David Sinclair and his tenants anent these matters, ordains them to make report thereof to this present parliament, which failing to the lords of his majesty's secret council, to the effect that thereafter they may proceed and administer justice in the said matter as appropriate.