James Mudie of Melsetter

JAMES MUDIE OF MELSETTER

Jas. Mudie (1634) James Mudie of Melsetter (1637) James Mudie of Melsetter (1657) Jacobus Muidie de Melsetter (1661) James Mudie of Malsatter (1668) James Mudie of Melsettir (1673)

James Mudie of Melsetter, here treated, is the second son but ultimately the eldest son and heir of Francis Mudie of Melsetter. The Moodie Book does not identify his mother by name, The Moodie Book, pp. 22-4 but it seems quite likely, probable even, that he is the son of his father's first wife Margaret Stewart. Following the death of his elder brother William, before 25 January 1634, he became next in line to his father. NRS: GD106/177

James Mudie of Melsetter, here treated, was the great-grandson of William Mudie of Breckness, Inquisitionum Ad Capellam Domini Regis Retornatarum, etc., ii, Inquisitiones Speciales. Orkney and Shetland and the grandson of Adam Mudie of Breckness. Ibidem

His Date of Birth

According to the Marquis of Ruvigny and Raineval, James Mudie of Melsetter, here treated was baptized in 1615. The Moodie Book: 24 A baptismal record has not been identified for him. However, It seems quite likely that James Mudie of Melsetter was born before 20 April 1615, and this fits well with this proposition. For example, James Mudie of Melsetter acted himself as cautioner for his father when his father borrowed four hundred pounds Scots from George, Bishop of Orkney, on 25 January 1634. NRS: GD106/177 James Mudie, fiar of Melsetter, revoked his act of caution on 20 April 1636 in the following terms: "being of 21 years, remembering that in the time of my Minority there were diverse Bands and Obligations made by me to ane father in God, George, Bischope of Orkney and Zetland, by Francis Moodie, my Father, as Principal and me as Cautioner, for £400 Scots, of date 25th day of January 1634 - Revokes the same." Kirkwall in the Orkneys, p. 79

On 18 March 1657 James Mudie of Melsetter, here treated, was served as heir special to his great-grandfather in 'the yearlie annuelrent of 100 punds furth of the lands of the bow of lafnes in the iylle of Sanday; - the lands of the Bow of Walls in the said iylle; - the lands of Bremnes and Rassay and 3 halfpenny land of Osmondwall, in the earldom of Orkney'. Inquisitions and as heir in general to his grandfather on 27 August 1661. Inquisitions

Riot in Kirkwall

On 12 November 1636 James Mudie, younger of Melsetter, was before the court in the Burgh of Kirkwall charged with having created a riot in the streets, on which occassion he is said to have rushed from the bar and cleared a way out of the court with his sword. The Moodie Book, p. 24

Justice of the Peace

According to the Marquis of Ruvigny and Raineval, James Moodie of Melsetter was a member of the Committee of leading men appointed under Cromwell's rule to keep order in Orkney. The Moodie Book, p. 26 Presumably, therefore, he is the man identified as James Moody of Wells who was appointed in 1656 as one of the Justices of the Peace for Orkney and Shetland by the Commonwealth Government. Scotland and the Protectorate: Letter and Papers Relating to the Military Government of Scotland from January 1654 to June 1659, p. 314

Death

James Mudie of Melsetter is reported to have died at Snelsetter Castle on 4 July 1681. The Moodie Book, p. 26

First Marriage

James Mudie of Melsetter married Margaret Bellenden, daughter of Adam Bellendan of Stenness. They were married before 5 April 1644. The Moodie Book, p. 24

Second Marriage

James Mudie of Melsetter married for a second time to Margaret Morrison, relict of Balvaird. They were married before March 1671. The Moodie Book, p. 24

Children of the First Marriage

1. William Moodie of Melsetter
2. John Mudie
3. Harie Mudie of Elsetter
4. Captain James Moodie of Melsetter, RN
5. Francis Moodie
6. Charles Mudie

Child of the Second Marriage

1. John Mudie

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 ORKNEY RENTALS

                   1

1636: Documents Relative to the Bishopric of Orkney. Answers to your Demands [By Bishop Graeme to the Magistrates of Edinburgh] [Note 1] Third Demand. To know if ever any of the landis of Orknay were valued, and if thair valuationes reportit to the committie? . . . . . I summonded James Mudie and Robert Menteith, be instigatione of the minister, for his augmentatione, to compeir befoir the comittee 1636 ; and be consent aggried wt yame, that qll further ordour was taken, James Mudie should give the minister yeirlie ane chalder victuall, and Robert Menteith should pay four-scoir merks querof the minister is now in use of payment. Rentals, Documents Relative to the Bishopric of Orkney , Art VI: p. 20

Note 1: George Graeme translated to the bishopric of Orkney on 26 August 1615 and renounced his rights thereto on 11 February 1639.

Note 2: James Mudie here mentioned may be the son of Francis Muddie of Breckness (afterwards of Melsetter), since Francis appears to have infeft his son James in certain lands in Walls on 14 March 1634.

                   2

c. 1643-4: Documents Relative to the Bishopric of Orkney. Answers to your Demands [By Bishop Graeme to the Magistrates of Edinburgh] [Note 1] First Demand. Quhat landis are fallen in nonemtrie, or to whome they did belong or doe belong for the present. . . . . . Frances Mudie infeft his sone James Mudie 9 or 10 yeiris ago and is not entered [Note 2]. He hes lands in Wallis worth sixe chalder of victuall or yrby ; payis a skatdutie conteyned in the rentall, and some of yame haldis in a kynd of blenche be excambione of the Erle. He will have few of the haill six chalder foresaid ; some of yame coft ; some of yame extortit, and be me enterit to none at all. Rentals. Documents Relative to the Bishopric of Orkney, Art V: p. 17

Note 1: George Graeme translated to the bishopric of Orkney on 26 August 1615 and renounced his rights thereto on 11 February 1639.

Note 2: The sasine in favour of James Mudie was registered on 14 March 1634.

EVIDENCE FROM THE NATIONAL RECORDS OF SCOTLAND

                   1

25 January 1634: Obligation by Francis Mudie of Melsetter (Cautioner: Jas. M. his eldest son) to George Bishop of Orkney and Zetland, for £400 Scots James Brown Craven bequest relating to local and ecclesiastical history of Orkney, reference GD106/177

                   2

18 March 1657: (83) James Mudie of Melsetter, heir of Mr. William Mudie of Brecknes, his grandser., - in the yearlie annuelrent of 100 punds furth of the lands of the bow of lafnes in the iylle of Sanday; - the lands of the Bow of Walls in the said iylle; - the lands of Bremnes and Rassay and 3 halfpenny land of Osmondwall, in the earldom of Orkney. Inquisitionum Ad Capellam Domini Regis Retornatarum, etc., ii, Inquisitiones Speciales. Orkney and Shetland

Note: Here the abbreviated word "grandser" is taken to be an abbreviation of "grandsher" meaning great-grandfather.

                   3

27 August 1661: (4490) Jacobus Muidie de Melsetter, haeres Adami Mudie de Brecknes, avi. xxvi. 38. Inquisitionum Ad Capellam Domini Regis Retornatarum, etc., ii, Inquisitiones Generales

Note: Here the latin word "avi" is taken to mean grandfather.

                   4

3 June 1668: Commission by Andrew [Honyman] Bishop of Orkney to Thos. Wilson, Bayliffe of Kirkwall, to receive in the Bishop's name caution from James Mudie of Malsatter and his two sons Wm. and Francis M. for the indemnity and peace of David Sinclair of Ryssay conform to Act of Privy Council National Records of Scotland, James Brown Craven bequest relating to local and ecclesiastical history of Orkney, reference GD106/202

                   6

28 November 1673: Receipt by Alexander, Earl of Kincardine, to commissioners of treasury for 'guinie gold' delivered to treasury by Henry Mudie, son of James Mudie of Melsettir, received by Kincardine for behoof of James, Duke of Albany and York. National Records of Scotland, Exchequer Records: Exchequer and Treasury Papers, reference E19/45

                   7

Decreta, August 1672 - January 1678: Protestation by Francis Murray, son-in-law of James Mudy of Melsetter, John Mudie, son of the said James, Malcolm Adamsone, Francis Hutchesone, and Joseph Jack, all indwellers in Orkney, who were charged at the instance of David Sinclair of Ryssay to compear on 22nd February last and answer for oppressing him in his possessiones and compelling those thirled to his mills to forsake the same and in December 1667, by armed force breaking up his house of Ryssay and removing the plenishing and money therein, and in December 1674, throwing down his miller's house and carrying away the stones thereof, and committing other crimes as mentioned in the principal complaint dated at Edinburgh 11th October 1676 ; but the pursuer being present neither on 22 February nor this day, to which the diet was continued, they protest for a new citation and expenses to each of them to be paid by the pursuer. The Register of the Privy Council. Edited and Abridged by P. Hume Brown, MA., LL.D., Fraser Professor of Ancient (Scottish) History and Palaeography in the University of Edinburgh. Histographer-Royal for Scotland. Third Series Vol. V. AD. 1676-1678 (H.M. General Register House, Edinburgh, 1912), pp. 130-31

                   8

11 October 1676: Copy summons directed to William Spence, messenger at arms, at the instance of David Sinclair of Ryssay, against James Mudie of Melsetter, William Mudie, fiar thereof, John and Charles Mudie, his sons, Francis Murray his son in law, John Sandisone, his son in law, Robert Mudy, his servant, Malcolm Adamesone in Wardi, Francis Hutchesonem now in Air, son of the deceased James Hutchesone, and Joseph Jack in Kirkwall, who "having conceaved ane deadlie fead and heatred against the complener without any just reasone or provacatioun, and having ane purpose to take from him his possessiones and just inheritance within the Ile of Orkney" in spite of acts of Parliament, Privy Council, and decreets of the Lords of Session in the complainer's favour, and also cautions of lawburrows, "have by oppen force and convocatioun with our leidges violentlie thrust themselfes in possessione of the mylne, multures, sucken and sequells of Ryssay belonging to the said complainer and compelled these thirled thereto to come to his mylne and grind ther cornes therat and pay the accustomat dewes to himselfe and his myller, which has casten the compleners mylne voyd and useless. Lykas the fornamed persones, upon the last day of December, 1667 years, did come to the compleners hous of Ryssay with ane number of armed men, horse and great boats and brack oppen the meall girnells, emptied them, went to the barne yaird and caryed away the whole corne, bear and oats then standing in the yaird, which in all will extend to upwards of ane thowsand pounds Scots money, conforme to ane particular inventar therof produced in presence of our Privie Counsal. And also upon the ..... day of September, 1674, or ane or other of the dayes of the said moneth, the fornamed persons did violentlyenter the compleners ground and lands of Ryssay at tuo severall tymes and threw doun and hous wes building for the compleners miller and carried away the stones therof. And sicklyke upon the ..... day of October 1674, or ane or other of the dayes of the said moneth, the said Charles and Robert Mudies, accompanied with the forsaid persones and others ther associattes, being hounded out by the said James Mudie, did come to the compleners fishing watters and mylne burne of Ryssay and ther did cary away his whole fishing nets to his awin hous of Melsetter, which he yett keeps and detaines. And also upon the ..... day of May 1675, or ane or other of the dayes of the said moneth, the said James Mudie, accompanied with the saids persones and ane armed partie with ane pypper playing befor them in warlick posture and with tuo ferrie boats, did come to the compleners lands and didbrack uo the doores of the houses and robbed and away took furth therof quhat they pleased; and having seized upon the compleners persone they caried him to ans strong hold in his awin hous and keeped him ther for the space of fyftein dayes or the, thinking therby to caues him discharge and sentences ordecreets recovered againest him; and in the meantyme did robb and away take from . . . . . , ane of the compleners servants, the number of tuentie ane peice of peapper, and therby hes forced the complener to pay debts formerlie payed by him for want of the discharges. And also upon the . . . . . dayes of August, 1675, or ane or other of the dayes of the said moneth, the compleners mylner of Ryssay having bought ground leave of William Mudy of Melsetter for winning of mylne stones for the said mylne, and having winne tuo stones out of a verir dangerous hewgh and brought them tuo or thrie myles from the hewgh towards the mylne of Ryssay, the said James Mudie, with severall armed men, came in a great ferrie boat and violently caryed away the saids mylne stones to his awin mylne, making therbt the said compleners mylne ineffectuall. And upon the sextein day of March last the said James Mudie did hound the saids Francis Murray, John and Charles Mudies his sones, John Sandiesone and Joseph Jack, with ane number of other armed men, being abou fyftie or sextoe persones, and in the complener and his familes absence in Edinburgh did cary away als much bear and oats as wold have yeilded sextie bolls of malt and meall and severall oxen and kyne, besyds other plennisching about the said hous, to the value of fyve hundereth pounds and upwards. And the saids persones have committed severall uther outrages, ryotts and oppressione, to the compleners ruine; nather can he keep the countrey and his possessione for fear of his lyfe by the crueltie of the saids persones". The complainer craves that the defenders ought to be punished and make good his damage. Order is given for their compearance before the Council on 22 February next, and for the citation of . . . . . as witnesses. Dated at Edinburgh 11th October 1676, Copy signed by Will. Spence, mssr. At the foote is note of execution by him against Francis Murray at Edinburgh, 11th October , 1676. The Register of the Privy Council. Edited and Abridged by P. Hume Brown, MA., LL.D., Fraser Professor of Ancient (Scottish) History and Palaeography in the University of Edinburgh. Histographer-Royal for Scotland. Third Series Vol. V. AD. 1676-1678 (H.M. General Register House, Edinburgh, 1912), pp. 599-600

                   9

27 February 1677: Petition by Francis Murray, son in law to James Mudie of Melsetter, the said James for himself and William, John and Charles, his sons, John Sandisone in Walls, Joseph Jack, Malcolm Adamsone and Francis Hutchisone, all indwellers in Orkney, as follows: - They were charged at the instance of David Sinclar of Rayssay to compear on Thursdat, 22nd inst., and answere to several charges maliciously made by the said David, "of purpose to tak advantadge of the said James Mudie his old age, weakness and infirmitie, he not being able to cum this lenth bot upon the heazard of his lyfe. as ane testificat under the ministers and eldars hands in the parochin wher he leives and the nixt nibowring parochines, and under the hands of the haill most considerable gentlemen in Orkney heirwith produced to your Lordships, fullie bears: - and lykewayes the said David knoweing verie weill that ther is captiones upon verie unjust grounds against Francis Mrrray and William Mudie, two of yoy said petitioners, and therby promissis to himself (?) that they wold not therfor have compeired, the said perseware being debitor to them in considerable sowmes of money, did desyre aither to compell them to agrie in his owen termes at home, or to gett ther certificatione of his letters against hem for not compeirance ; and for evedenceing the trowth heirof, albeit that his said letters befor yowr Lordships was raised in the begineing of October last, was never execut till about the eight of February instant, to compeir the twentie twa of the said moneth, they having only about fyfteine dayes or therby betwixt the giving if the charge and the said day ; and who fynding that your Lordships sais petitioners, even tho to the heazard of ther lyfes, intending peremptorlie to keep the said dyet, they knoweing their innocencie in the said matter, the said David knowing verie weill he wo;d sucumb in his probatione hath failled to com up himselfe and insist in the said matter, notwithstanding of the great expense and trwbell he hath put your petitioners to in this seasone of the yeir be [coming] upwairds of 250 myles besyde ferries." Therefore they crave large expenses to be modified to the petitioners present, "the most of them being gentlemen," and that they may be represented by proxy in future, if the matter is insisted in, and that protection may be granted to Francis Murrat for a time. - Edinburgh, 27th February, 1677, - "The Lords of his Majesties Privy Councill doe grant personall protection to the petitioner for the space od siz weiks, discharging messenger at armes etc." Edinburgh, 1st March, 1677. - The Lords having considered the petitione, they modifie one hundred [pounds] Scotts of expenses to each of the petitioners cited who compeared, viz. Francis Murray, Johne Mudie, Malcolme Adamsone, Francis Huchesone and Joseph Jack, to bee payed by David Sinclair, persewer ; and ordaines letters to bee direct against him for that effect (Signed) Rothes, Cancell., I.P.D. The Register of the Privy Council. Edited and Abridged by P. Hume Brown, MA., LL.D., Fraser Professor of Ancient (Scottish) History and Palaeography in the University of Edinburgh. Histographer-Royal for Scotland. Third Series Vol. V. AD. 1676-1678 (H.M. General Register House, Edinburgh, 1912), p. 612

Genealogy

1. The Moodie Book
2. Kirkwall in the Orkneys