1615 In a court case on October 4, Johne Mowat of Hugoland vs Johne Nevein of Skowisburch and James Mowat of Burrafirth, the plaintiff claimed that the defendants have his documents and refuse to give them back. John Nevein said he gave the documents back to James. James agreed that John Nevein returned the documents to him. The sheriff determined that James should return the documents to the plaintiff. The documents in the second case were described as follows: A charter of confirmation to the late Andro Mowat, father of the plaintiff, of most of his lands in Yetland; the instrument of sasine following the confirmation; the marriage contract between the late Robert, earl of Orkney, for himself and his natural daughter Christiane Stewart, now spouse of the plaintiff, on the one part, and the late Andro Mowat and the plaintiff, on the other part; the charter of alienation made by the late Andro to the plaintiff, his son, whereby Andro granted to his son John, the plaintiff, all his lands in the marriage contract; etc. [1]
1617 John Mowat died in August. [2] [3]
1633-1635 "Decreta, November 1633-April 1635, Fol. 59, b.-Fol. 60, a. Complaint by Christian Stewart, widow of John Mowat of Huguland and daughter of the deceased Robert, Earl of Orkney, and James Mouat of Ure, her brother-in-law, as follows:—On 27th July, 1631, when the said Christian was in the isle of Papa with some of her servants collecting the duties of her liferent lands there, as she has been in use to do since the death of her said husband, at the instigation of James Sinclair of Quendaill and Mr. Gilbert Mowat, her 'unnatural brother-in-law,' Patrick Umphra of Sand, and Gilbert Cogill of Gardie, came to her, and her without any occasion given by her, 'and without respect to her age and parentage patt violent hands in her person, gave her manie bauche straikes in diverse parts of her bodie, strake her to the ground where she being lying swowning in pitifull maner the saids persons verie barbarouslie tred and tramped upon her with thair feit and thereafter violentlie reft frome her servants the dewteis quhilks they had receaved frome her tennents.' Further, the said Mr. Gilbert, not content with this, resolved 'to wracke the gentlewoman,' with Mr. James Mowat, his eldest son, John Anderson, hangman ('who hanged his awne father, being the said Mr Gilberts domestick servant'), Mans Mowat, James Irwing in Muros, Daniel Rasimsoun in Oxinsetter, Daniel and Malcolm Mowat in Collafirth, Michael Pitcairn in Housatter, Christopher Michelsone in Quoyfirth, John Hall in Norwick, Donald Nicolsone in Clodasetter, Gregor Johnestoun in Soulem, Harie Anderson in Hamer, Bert Williamesoun in Vrafirth, and Henry Finlasoun in Skalloway, and others of the lieges to the number of persons, armed with swords, staves and other weapons, came under cloud and silence of night to the lands of Remshell belonging to the said Christian and violently reft and took away thence twelve oxen pertaining to the complainers; moreover the said Mr. Gilbert, 'out of ane imperious and tyrannicall humour,' has discharged the tenants of her lands of Oliberrie, which were disponed to her by her late father, from giving her any days' work, in consequence whereof for the past twelve years these lands have 'lyin ley to her heavie hurt and prejudice.' When the said James Mowat, her brother-in-law, lent her six oxen to labour these lands (which formerly were four ploughs but are now only one plough of land) the said Mr. Gilbert, accompanied by the foresaid persons, came thither on and not only violently reft and took away the said oxen, 'bot with that cruellie hurt and woundit the said Christiane with rungs upon the head and others parts of her body.' Charge having been given to the said James Sinclair, Patrick Umphra, Gilbert Cogill, Mans, Daniel and Malcolm Mowats, James Irwing, Daniel Rasimsone, Michael Pitcarne, Christopher Michaelsone, John Lyell, Donald Nicolsone, Gregor Johnestoun, Harie Andersone, John Andersoun, Robert Williamesoun, and Henry Finlasoun, but none of them compearing, the Lords ordain them to be denounced rebels and escheated." [4]
1633-1635 "Decreta, September 1633-April 1635, Fol. 60, b.-Fol. 61, a. Another complaint by the said Christian Stewart, Robert Mowat, her son, and Magdalene Androisdaughter, spouse to Robert Fraser, her tenant, as follows:—Mr. Gilbert Mowat, minister at North Mabein, brother of the husband of the said Christian, 'being unmyndfull of the manie good offices done to him be her said husband in breeding him at the schools and other ways promoting him in his studies, he hes now after her said husbands decease most unthankfullie recompensed his loving and kynde dealing toward him with maine unnaturall and undewtifull outrages, intolerable in a person of his profession. As, for example, on 13th July, 1630, he, accompanied by Mr. James Mowat, his son, John Andersoun, their servant, Thomas Mowat, his son, Mans Mowat, Robert Williamesoun in Vrafirth, Andrew Andersoun in Hamer, Thomas Sasimssoun in Orabister, John Lyell in Norwick and Henry Sinclar of Swming, with others of the lieges armed with swords and other weapons, came to the said Christian's liferent lands of Papagurds, of which her late husband had heritable tacks from gentlemen of Norway, the proprietors thereof, and 'imperiouslie, without anie right or warrand, commanded the compleaners tennents of the same lands to pay unto thame the dewteis and maills thairof,' and, the tenants refusing, 'they forciblie brake up the tennents doores, entered within thair houses and medled and intromitted with thair haill goods and gear.' Again, on July, 1631, these persons, 'with sindrie others brokin men in great troupes come under cloud and silence of night to the saids lands of Papa, violenthe brake up the tennents doores, tooke and apprehended the said Magdalene Eraser, being ane poore woman, caried her perforce with thame as ane malefactor to the jogs where they intended disgracefullie to have putt her in the same if they had not beene stayed. And the said Robert hearing heirof, and having come to the said Mr. Gilbert, his uncle, and regraited that his mother and her tennents sould be thus used, he and his complices for this onelie caus gave him manie bauche and blae straikes in divers parts of his bodie, tooke his sword frome him and brake it in peeces. And the said Katharine [sic] having compleanned heirof to James Mowat of Ure, her brother-in-law, unto whois protection her husband had left her, and he, having writtin certaine letters to some burgomaisters in Norway to advertise the heretours of the saids lands of Papa there of the said Mr Gilbert his cariage aganis the said Christiane, and having delyvered thir letters to Andrew Sinclair in Bullasetter to have beene carried be him to Norway, how soone the said Mr Gilbert gott notice heirof he dealt with Henrie Sinclair of Swming, who wes to go to Norway in ship with the said Androw to intercept the saids letters, who accordinglie, when the said Androw wes sleeping, staw the letters out of his powtche and brought the same to the said Mr Gilbert,' Charge having been given to the said Thomas and Mans Mowat, John and Andrew Andersoun, Robert Williamesoun, Thomas Rasimsoun, John Lyell and Henry Sinclar, and Christian Stewart compearing personally for herself and the other pursuers, but none of the defenders obeying the citation, the Lords ordain the latter to be put to the horn and escheat." [5]
[1] Robert S. Barclay, ed., The Court Books of Orkney and Shetland 1614-1615 (Edinburgh: Scottish History Society, 1967), 113-116.
[2] Diane Baptie, A Lairdship Lost: The Mowats of Balquholly, 1309-1736 (East Linton, Scotland: Tuckwell Press, 2000), 159, citing RPC xiv, 717, [GoogleBooks].
[3] David Masson, ed., The register of the Privy Council of Scotland, Vol. 14, Addenda 1545-1625 (Edinburgh: H.M. General Register House, 1898), 717, [HathiTrust].
[4] Peter Hume Brown, ed., The Register of the Privy Council of Scotland, Vol. 5 (Edinburgh: H.M. General Register House, 1904), 219-220, [GoogleBooks].
[5] Peter Hume Brown, ed., The Register of the Privy Council of Scotland, Vol. 5 (Edinburgh: H.M. General Register House, 1904), 220-221, [GoogleBooks].