By Fiona Grahame.
This is a tale of true Crime which took place on the Melsetter Estate, Walls, in the Township of Osmondwall, 1816.
James Moodie was the 9th Laird of the Melsetter Estate. It was the custom in those days for tenants to sign a Missive of Tack, promising a percentage of crop or other produce to the Laird, as well as the rent.
On 16 March 1814, Caesar Cotter signed the following:
“I herby promise to enter to Farm of Netherhouse in Osmondwall at the term of Martinmas one thousand eight hundred and fourteen which I have this day taken from you. In case of my failing in which I offer to pay a penalty of one year’s rent being the sum of twenty one pounds nine shillings and four pence halfpenny besides the customary teinds.
Signed X with his mark
Caesar Cotter
Witness Charles Mackay
Caesar Cotter was unable to write and so he signed with an X. It is because of this that there are several versions of his name, Colter, Cotter, Cutter, and Cotler. There are also at least two different spellings of Caesar.
That would seem all well and good, however, by 27 of May 1816, it appears that Caesar Cotter, had not fulfilled his part of the deal. He had in fact advertised for sale Crop from his farm without handing over anything to the Laird.
Most cases of Fraud in Orkney at this time involved non payment of tax on liquor, or similar ‘luxuries’. James Moodie took out a Petition against Caesar Cotter for Fraud. It is a longish document but states:
” That Caezar Cutter in Osmondwall in the Island of Walls occupies a farm under the Petition of Crop of which he reaped last year without selling for the rents, and altho he has continued in possession he has most improperly neglected to lay down the Crop this Season, and having resolved to desert the possession and to dilapidate and dispose of his Stocking and effects upon the Farm in order to disappoint and defraud the Petitioner [James Moodie] of his rents, he yesterday advertised a Sale to take place at six o’clock this morning intending immediately to withdraw himself from your Lordships jurisdiction.
Caesar Cotter was selling up and leaving. James Moodie asked for the Petition to be served “on the said Caezar Cutter and him to answer the same.” Cotter was also to be prevented from removing any Crop or other ‘Stocking’ from the farm of Netherhouse and to pay up the rents owed.
“and also to grant warrant to Officers of Court and assistants to Inventory and Sequestrate the whole Stocking and other effects found upon the farm towards payment and Security of the said rents, and to report the Inventory to Court.”
James Moodie also demanded that Cotter pay all his expenses in bringing the Fraud case.
On 29 May 1816 Sheriff Officer James Tait from Kirkwall and his two assistants, Flotta men, James Smith and James Manson, served the warrant on Cotter. He had eight days to answer, and promptly disappeared.
In 1818 the Melsetter Estate was advertised for Sale for £30,000. There had been many evictions, both threatened and carried out. A sale of the estate was advertised in the national papers in December 1817. The Inverness Courier reported that the Melsetter Estate would be sold by public roup on Wednesday 28 January 1818, 2 o’clock at the Royal Exchange Edinburgh. It was described as an :
“Extensive and valuable estate of Melsetter…almost exclusively the large island and parish of Walls, Pharay, Rysalittle, South Ronaldsay possessions.”
According to the advert : Land Rent yields £1,200 per annum, and could be much increased. Kelp stores – 103 tons a year. There was the Fishery; Roadstead of Longhope Sound; Battery and 2 Martello Towers nearby; three votes in the County. There was a Mansion House and Offices – a commodious residence, all kinds of game and trout.
By February it was still being advertised but with the reduced price of £28,000.
By this time James Moodie was not in good health and had moved to Edinburgh where most of Orkney’s Lairds had residences. His son, who was to inherit the estate, Benjamin Moodie, was running his affairs. James Moodie, 9th Laird of Melsetter since 1769, died in Edinburgh on 28 June 1820 and is buried in Canongate Kirkyard. Benjamin Moodie continued to pursue the debts owed by many defaulters.
The whereabouts of Caesar Cotter remained unknown. If any reader can add to his story, please email news@theorkneynews.scot or leave a comment.
Reference: Orkney Archives, Sheriff Court Records, Civil Court, Petition of Fraud, SC11/5/1816/1088
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