Francis Mudie of Melsetter

Francis Mudy (1610) Francis Mudie of Breckness (1610) Francisco Mudie de Baraiknes (1610) Frances Mudie in Brecknes (1611) Francis Mudie of Breknes (1616) Francis Mudie of Breknes (1617) Francis Mudie of Breknes (1619) Francis Mudie of Breknes (1623) Francis Mudie of Breknes (1625) Francis Mudie of Breknes (1626) Francis Mudie of Breknes (1627) Francis Mudie of Breknes (1628) Francis Mudie of Breknes (1630) Francis Mudie of Melsetter (1632) Francis Mudie, sometime of Breknes (1634) Francis Mudie, sometime of Breknes (1636)

Francis Mudie of Melsetter is the son of Adam Mudie of Breckness. According to the Marquis of Ruvigny and Raineval, he succeeded his father at Breckness before September 1603. The Moodie Book: 17 It would appear to be the case, though, that he succeeded his deceased grandfather at Breckness. He had a charter of confirmation for Breckness from George, Bishop of Orkney, on 3 January 1628. NRS: GD217/4

On 22 November 1610 he is noticed as Francisco Mudie de Baraiknes, when he acted as bailie for John, Lord Kinclaven, Master of Orkney, and gave sasine of various lands in Orkney to William Bannatyne of Gairsay and John Bannatyne his second lawful son. The charter was confirmed under the Great Seal of Scotland on 16 August 1611. Register of the Great Seal of Scotland A.D. 1609-1620, charter number 558

On 25 April 1611 Sir Thomas Hamilton of Bynnie and Patrick Earl of Orkney brought a complaint against Francis Mudie of Breckness before the Privy Council of Scotland. Register of the Privy Council of Scotland, AD. 15544-1660, p. 319

On 14 December 1617 Francis Mudie of Breckness gave a lifetime tack for the lands of Leager and the house called Nethirdone in Stromness to Magnus Brown in Outertown of Stromness Orkney Sasines

Suitor of Court for Hoy and Walls

In 1617 Francis Mudie of Melsetter served as one of the suitors of Court for Hoy and Walls. Records of the Earldom of Orkney

He takes Possession of the Breckness Estate

He had a precept of clare constat from George, Bishop of Orkney on 3 January 1628 which confirmed his possession, as his grandfather's heir, of a 6d. land in Stromnes under house of Breknes, 2d. land under place and house of Stank, 7d., 3 merkland in Uttertoun in Stromness, 1 merkland in Smiddiquoy, 1 merkland under house of Breknes called John Beatounes merk, ½d. land in Stennager, ½d. land in Lairquoy, all in the parish of Stromness. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/4

He sells the Breckness Estate

On 28 May 1630 Francis Mudie of Breckness bound himself to grant a charter for his lands in utter and Inner Stromness to Marion Crichton, wife of George, Bishop of Orkney, and John Graeme her son. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/9 He issued a charter de me on the same date for the lands previously mentioned together "with all other lands possessed by said Francis in towns of Inner and Utter Stromnes" National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/10

There is a colourful tradition which says that Francis Mudie of Breckness gave the lands of Breckness to Bishop George Graham in exchange for having his sins pardoned but the fact of the matter is this: Francis sold his rights in Breckness in order to pay off his debts. [James M. Irvine, The Breckness Estate: A History of its Lairds, Tenants and Farms, and Skaill House (James. M. Irvine, 2009), p. 31]

The Lands of Melsetter

According to the Marquis of Rivigny and Raineval: "The lands of Melsetter appear to have been held partly by the Crown and partly by the Church. The Crown's portion had been in possession of the Moodies for several generations, though their possession even of that seems to have been a little insecure owing, no doubt, to conflicting or overlapping grants to Robert Stewart or others." The Marquis believed that it was the Church's portion of Melsetter that Bishop George Graham conveyed to Francis Mudie by a charter dated 18 July 1630. Thereafter, he says, Francis was known as Francis Mudie of Melsetter. The Moodie Book: 21

Francis Mudie is noticed as Francis Mudie of Melsetter, tacksman of the parsonage teinds of Walls, in April 1632. NRS: GD106/12

Death

Francis Mudie of Breckness died before 6 April 1644 when his son and heir James Mudie was in possession of of Melsetter. The Moodie Book

First Marriage

Francis Mudie of Breckness married Margaret Stewart daughter of James Stewart of Graemsay. The Moodie Book

Second Marriage

Francis Mudie of Breckness married for a second time to Marion Tulloch The Moodie Book She was the widow of Arthur Sinclair, merchant in Kirkwall. They were married before 1 December 1625, the date upon which she had a charter by which her husband confirmed that he had given her a liferent of the rooms and lands of Breckness. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/60

Children of the First Marriage

Other Bastard Bairns

Evidence from the Moodie Book

25 January 1634: "The next mention of him (Francis Mudie of Melsetter, formerly of Breckness is on the 25th January 1634, when he executed a disposition in favour of his son, James, of all and whole his lands, &c, and gave bond of relief to James, his said eldest son and heir, who, as cautioner with him, had signed a bond to Bishop Graham for £1000 Scots." The Moodie Book: 21

Evidence from the National Records of Scotland

12 April 1610: Complaints by James Stewart of Graemsay and Harie Stewart, his son, and by Francis Mudy and by Robert Mudy his brother against David King, servitor to Patrick, Earl of Orkney. [Privy Council: Register of Acta, reference PC1/25 p.377-378]

12 April 1610: Horning at the instance of Robert Mudye, brother of Francis Mudie of Breckness and the said Francis, for himself and as brother and master to the said Robert against David King, bailie in Walls of Patrick, Earl of Orkney [Inhibitions and Hornings, reference DI3/40 f.45v-46r]

22 November 1610: ..... cum precepto sasine directo Francisco Mudie de Braiknes ..... Register of the Great Seal of Scotland A.D. 1609-1620, charter number 558

12 March 1611: Act of the lords of session in action at instance of Mr James King, writer in Edinburgh, assignee of David King, servitor to Patrick, Earl of Orkney, against Frances Mudie in Brecknes (and) Robert Mudie, his brother Andro Murray, servitor of said Frances, Gilbert Bannatyne, apparent of Gairsay, John Bannatyne, his servitor, John Skartame and 30 others for spulyie. [Register of Acts and Decreets, 1st Series, reference CS7/262 f.73v-74r]

25 April 1611: Patrick, Earl of Orkney, against Francis Mudy of Brecknes. Supplication by Sir Thomas Hamilton of Bynnie, his Majesty's Advocate, and Patrick, Earl of Orkney, against Francis Mudy of Breknes, as narrated in vol. ix., p. 205. [On the back] "Apud Edinburgh, xxv Aprilis, anno, etc., 1611 (Signed) S. R. Cokburne." The Register of the Privy Council of Edinburgh. Edited and Abridged by P. Hune Brown, Ma., LL.D. Second Series. Vol. VIII. A.D. 1544-1660 (H.M. General Register House, Edinburgh, 1908), p. 319

3 April 1616: Disposition by Magnus Sinclair, son of deceased Alexander Sinclair in Utter Stromnes, now dwelling in ?Byrroun in Norroway, to Francis Mudie of Breknes, of 6 merkland and 2 part merkland under house of Done in Uttertoun of Stromnes, for £96 scots; with sasine following. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/89

14 November 1617: Contract between Francis Mudie of Breknes and Magnus Broun in Uttertoun of Stromnes, whereby said Magnus resigns to said Francis, 3 merk udal land in Leager in Uttertoun of Stromnes, and 1/3 merk udal land under house of Overdone, and said Francis sets in tack to said Magnus 6 1/3 merkland in Leager, with house of Netherdone and towmale lying about it, for his lifetime. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/105

21 January 1619: Bond by Francis Mudie of Breknes to George, bishop of Orknay, for £40 scots. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/434

14 November 1623: Contract between Francis Mudie of Breknes and Patrick Smyth of Braco, whereby said Francis dispones to said Patrick 7d., 3 merk king's land in town of Utter Stromnes, 3½d. kirkland there, 7½d. udal land there, ½d. udal land in Stennager in town of Inner Stromnes, under reversion, with disposition, charters a and de me and sasine following. Rec. P.R.S. Orkney, 15 Jan. 1624. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/2

1 December 1625: Charter de me by Francis Mudie of Breknes to Marion Tullocht his spouse relict of Arthur Sinclair, merchant, indweller in Kirkwall, in liferent, of rooms and lands of Breknes, extending to 18d. land, in parish of Stromnes, reserving his own liferent; with judicial ratification by said Marion of disposition by said Francis to William Mudie, his eldest son and apparent heir, of said land, and renunciation thereof by said William to said Francis National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/60

3 June 1626: Disposition by Marion Tullocht, relict of Arthur Sinclair, merchant, indweller in Kirkwall with consent of Francis Mudie of Breknes, now her spouse, to William Mudie, eldest son and apparent heir of said Francis, of her liferent of all rooms and lands of Brecknes extending to 18d. land, in parish of Stromnes National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/61

8 February 1627: ..... Francis Mudie of Breknes ..... Register of the Privy Council: No. 82, pp. 681-2

13 February 1627: ..... Francis Mudie of Breknes ..... Register of the Privy Council: No. 83, pp. 682

14 November 1627: Renunciation by Francis Mudie of Breknes to Patrick Smyth of Braco of tack by him to said Francis. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/1015

16 November 1627: Letter of procuratory by Francis Mudie of Breknes in favour of [blank], to procure his infeftment in lands as in GD217/2. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/3

January 1628: Precept of clare constat by George, bishop of Orkney, in favour of Francis Mudie of Breknes, as heir of deceased Mr. William Mudie of Breknes, his grandfather. in 3d. kirkland in town of Utterstromnes, with teinds National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/62

3 January 1628: Precept of clare constat by George, bishop of Orkney, in favour of Francis Mudie of Breknes, as heir of deceased Mr. William Mudie of Breknes, his grandfather, in 6d. land in Stromnes under house of Breknes, 2d. land under place and house of Stank, 7d., 3 merkland in Uttertoun in Stromness, 1 merkland in Smiddiquoy, 1 merkland under house of Breknes called John Beatounes merk, ½d. land in Stennager, ½d. land in Lairquoy, all in parish of Stromnes National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/4

23 January 1628: Precept of clare constat by George, bishop of Orkney, in favour of Francis Mudie of Breknes, as heir of deceased Adam Mudie of Breknes, his father in 7¾d. king's land in Utterstromnes, ½d. land called Stennager and quoy called Smiddiquoy, in parish of Stromnes, with sasine following National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/5

18 March 1628: Instrument of sasine following on precept of clare constat, 3 Jan. 1628, by George, bishop of Orkney, in favour of Francis Mudie of Breknes, as heir of deceased Mr. William Mudie of Breknes, his grandfather, in 6d. land in Stromnes, under place of Breknes, 2d. land under place and house of Stank, 7¾d. land in Uttertoun in Stromnes, 1 merkland in Smiddiquoy, 1 merkland beneath place of Breknes called John Beatoune's merk, ½d. land in Stenniger, ½d. land in Lairquoy, all in parish of Stromnes National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/8

28 May 1630: Bond by Francis Mudie of Breknes to grant charter of confirmation to Marion Crightoun, spouse of George, bishop of Orkney, and John Grahame, her son, of lands in Utter and Inner Stromnes National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/9

28 May 1630: Disposition and feu charter a me by Francis Mudie of Breknes to Marioun Creightoun and John Graham, of lands as in GD217/8, with all other lands possessed by said Francis in towns of Inner and Utter Stromnes. With sasine following, rec. P.R.S. Orkney, 3 June 1630, and renunciation thereof by said Francis, in favour of said John, and sasine, rec. P.R.S. Orkney, 17 Sept. 1636 National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/10

April 1632: Obligation by Francis Mudie of Melsetter, Tacksman of the teinds of the Parish of Walls to pay 18 meillis malt upon the malt pundler yearly to the Minister of Walls. Dated at Framwais. National Records of Scotland, James Brown Craven bequest relating to local and ecclesiastical history on Orkney, reference GD106/12

24 January 1634: Charter de me by George, bishop of Orknay and Zetland, to Laurence Grahame, his servitor, of liferent escheat of Francis Mudie, sometime of Breknes, including 3d. land of Melsetter, 1½d. land in Brimbis, 2d. land in Aith, 7d. land in Osmondwall, 3d. land in Kirbister, 4d. land in Wardis, ½d. land in Thurvo, in island of Wais. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/419

July 1636: Act of lords of council i.c. Laurence Grahame, servitor of George, bishop of Orknay and Zetland, v. Francis Mudie, sometime of Breknes, whereby said lords declare horning at instance of said Laurence, to whom said George had granted liferent escheat of said Francis, especially of lands as in GD217/419, to be orderly proceeded upon. National Records of Scotland, Papers of the Scarth Family of Breckness, Orkney, reference GD217/420

Evidence from Peterkin's Rentals

1617: Taxt Roll 1617 . . . . . Francis Mudie, for the taxt of his teindis of Wallis, in both termes, to L. 26, 13s. 4d. Perterkin's Rentals: 152

11 June 1627: Report of the Commissioners for trying the Estate of the Parochines of Hoy and Wallis. . . . . . And concerning the kirk of Wallis, the personage teinds therof are sett in long takis to umquhile Adam Mudie be umquhile Mr. William Mudie his father, person of Wallis, with consent of Bishop Dean and Chapter ; and so the titular of thois teinds served the cure himself during his lyftyme, being ministerat Wallis ; and eftir his deceas, his airis payed to the minister at Hoy for coming to the kirk of Wallis, and serving the cure ther now and then, quhat they pleased, and the kirk had no constant stipend till the unioun forsaid . . . . . The kirk of Wallis is ane laik patronage for the present, and was ane common kirk befoir the reformatioune. The titulat therof, viz Frances Mudie of Brecknes, is patron, as he alledges. Befoir it was ane laik patronage, it had ane severall benefice be it self, viz. the personage teinds of Wallis ; neither was it united to anie uther benefice, bot wes errectit in ane laik patronage be umquhile Mr. Wm. Mudie, as we are informit. . . . . . The Paroche of Wallis lyis particularlie in manner following, and the whole scatt and land meallis is payit yearlie to the Bishop of Orknay as ane pairt of the patrimonie thairof conforme to the last erection, but the teind scheaves are led and sett yeirlie by the titular Frances Mudie as followis . . . . . BRIMMIS . . . . . Except 4 merl outhell and 6 merk escambit land be the earle of Orknay, with Adam Mudie for Snelsetter, . . . . . Rentals, Documents Relative to the Bishopric of Orkney, Art IX: pp. 37 et seq.

1642: No. V. The True and Just Rental of all the Fermis, Debtis, Dewties and Gersumes off the Bishoprick of Orknay . . . . . Wallis . . . . . MELSETTER Thrie d terrae payis in stent oyllie iij ls in scat silver xviij d The bear and flesh disponit in excambioun of snelsetter as ffrancis mudie alledgis the bear being xiij m v s and the flesh being v m iiij s Peterkin's Rentals: 25

1642: No. V. The True and Just Rental of all the Fermis, Debtis, Dewties and Gersumes off the Bishoprick of Orknay . . . . . Wallis . . . . . ffrancis Mudie of Brecknes for the tack dewtie of the personage of Wallis xl lib. Peterkin's Rentals: 30

Secondary Source Evidence

Genealogy

The Moodie Book

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Francis Mudie of Melsetter's Timeline

1575	1575	Birth of Francis Mudie of Melsetter Melsetter, Hoy Island, Orkney, Scotland
1600	1600	Birth of Barbara Mudie Brekness, Orkney
1615	April 20, 1615	Birth of James Mudie of Melsetter
1627	November 22, 1627	Birth of James Mudie in Sanday
1634	March 1634	Birth of Robert Mudie
	March 1634	Birth of William Mudie in Osmondwall
1644	April 6, 1644 Age 69	Death of Francis Mudie of Melsetter at Melsetter, Or... Melsetter, Orkney, Scotland
????		Birth of Donald Mudie

Francis Mudie of Melsetter

Francis Mudie of Melsetter's Geni Profile

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