oppression, the restitution of one item of official plunder, she might
treat the complaints of Orkney and Zetland as bygone and antiquated
grievances. But she still enforces every exaction of Tulloch or the
Stewarts by a Standard even higher and heavier than theirs—still imposes
the double burden of British Cess and Norwegian Skatt with aggravations
unknown in Norway—still extorts the last farthing of her claims, just or
unjust, and pays her debts by a bankrupt’s composition, compelling a
discharge in full—and still appropriates the usurped Church property of
Orkney to secular and English uses, transferring its burdens to the
other Heritors, and claiming for its last relics the inapplicable
immunities of English Crown prerogative, first applied by the democratic
Government of Cromwell. The Islands are still robbed of their native
Laws, Things, and Jurisdictions, and subjected to foreign codes and
courts—while Zetland has of late been mocked with a fractional voice in
the British Parliament at the expense of the already nominal
representation of Orkney. While Britain parades her maternal care and
lavish liberality even to her distant dependencies, Orkney has been
neglected by every public officer except the Tax-gatherer. Unaided by
one penny of that public money which has enriched other Counties more
fortunate or more favoured, Orkney has been left to struggle alone
against its many difficulties, fiscal and physical. Twice has its right
to the income of its own State Property been officially recognized; once
by a Lease from George III., in trust for its public improvements (27th
July 1775), and again by a Treasury Warrant for the same purpose, from
George IV. (3rd March 1825)—but the first was diverted to the sole use
of the Lessee; and the second was evaded by a shuffle of Government
Offices, and repudiated on the lawyerly quibble that the British
Commissioners of Woods and Forests are not bound by the obligations of
the Scottish Exchequer. Instead of due protection in return for the
taxation and duty of subjects, a County which contributed 5000 seamen to
the British Navy, was denied one Gunboat to guard its own shores and
harbours from the repeated insolence of privateers.
Conscious that Orkney was but a pawn which might some day be redeemed by
the rightful owner, Scotland, like a temporary tenant, scourged the
precarious holding with unfair cropping and stinted outlay; and Britain,
her assignee, discovering its capacity to produce and to endure, has
followed the same profitable precedent of chronic hard usage. Unthrifty
greed has loaded the Land with unjust burdens and undue taxation, has
impoverished the Owners with unexpected claims and vexatious lawsuits,
has often forced back the cultivated acres into wilderness and driven
the cultivator to strive in freer lands for leave to live. But no
misrule has yet exhausted the fertility of the soil, or crushed the
energy, or worn out the patience of a people still struggling against an
evil destiny, but still amenable as ever even to the semblance of lawful
authority. Even though Scotland may have reduced Orkney to “the skeleton
of a departed country,” Britain has still found profit in gnawing the
bones.
ARTICLES AND INFORMATIONS
BY THE
INHABITANTS OF ORKNEY AND ZETLAND
OF THE OPPRESSIONS COMMITTED BY
LORD ROBERT STUART.
DECEMBER M.D.LXXV.
THE COMPLAINTS OF THE INHABITANTS OF ORKNEY AND ZETLAND, IN THE YEAR
1575.
FOLLOWS certain Articles and Informations of the wrangus usurpation of
the King’s Majesty’s authority, and oppression committed by Lord Robert
Stuart, fewar of Orkney and Zetland, as after follows—the whilk we take
in hand to prove, whilk haill points and articles concernis the King’s
Majestie in speciale.
In the first, the said Lord Robert, considering the manifest tyranny,
wrangis and oppression done by him, his deputes and servitors, of his
causing, upon the poor Inhabitants of Orkney and Zetland, and fearing
sometimes God’s judgements and just punishments to be poured upon him by
means of some righteous Regent of this realm, when it pleased God to
send quietness within the same. For subterfuge, and to avoid punishment
for his offence therefore, the said Lord Robert treasonably directed his
Maister Household, Gawin Elphingstone, and Henry Sinclair his
Chalmerchyld to the King of Denmark, with express commission under his
Great Seal and hand writt, to render to the King the supremacy and
dominion of the countreis of Orkney and Zetland, as free as they were of
auld annexed to the Crown of Denmark, and that upon sic condition as in
the said Commission was contained, whilk was done in the year of God
1572. According to the whilk the said Gawin passed to the King of
Denmark, and by virtue of his commission foresaid, obtained to the said
Lord Robert the said King’s confirmation and gift of the saids
countreis, and send the same to him thereafter with Hans Corsmay,
Bremer, enclosed in a bolt of Holland clayth, and als send ane Lawrence
Carnes to be Lawman, according to the said King’s direction.
2. Be inbringing of new laws and consuetudes, forgit of the laws of
Norway, never received of before in Orkney, and abrogation of the auld
laws and statutes of the realm, viz.—as in inbringing of Lawrence
Carnes, Lawman directed by the King of Denmark at the said Lord Robert’s
earnest sute, of abrogating of the laws as said is, but license of our
Sovereign Lord and his Majesty’s Regent; In making ane law in swyne
roitting, whilk will extend to the sum of fifteen hundreth dollars in
ane year, taen up in Zetland, bye Orkney; ane other law, that the
sisters should not be lowsed of their heid bull, with divers others; as
is notoriously known, whilk cannot be denied.
3. Be uptaking of the King’s Majesty’s customs, tolls, and victual of
Zetland but commission, and not contained in his infeftment, whilk now
extend yearly to five hundreth angels, whilk we tak to prove.
4. In compelling the Doggar boats and other fishers of this realm to pay
to him great toll and taxis bye auld use and wont, to wit, ilk boat ane
angel noble, ane hundreth fish, and twa bolls salt.
5. In usurping the office of Admiralty, in apprehending, imprisoning,
adjudging, iustefeing of alleged pirates, and uptaking of their escheat
goods, and sitting upon all seafaring actions: As he did in ships taken
by his household men and feallis, viz.—Patrick Blackattir, Mr. John
Hume, Edward Blackattir, Matthew Aikman, David Willie, James Corsby,
David Cathcart, Henry Balfoure, Robert Stevenson, with others divers,
pirates of Englishmen, to the number of nine great ships, laden with
precious gear, which will extend mair then ane hundreth thousand punds,
with twa English ships taken in Zetland—the ane of them keepit as yet to
his awn commodity, the other, after she was spuilzeit of her haile
goods, gear, and artaillerie, randerit again to the pirates,
notwithstanding they were condemned as common pirates; as is notoriously
known, and shall be proven.
6. Be partaking with the pirates, in furnishing and reking them to the
sea in piracy, with men, vituals, amunition, and receiving and
maintaining of their goods and gear reft in the piracy, and giving his
bond of maintenance to the maist part of the persons above written, sic
as Mr. John Hume, James Corsby, Edward Blackattir, Manis Moodie, with
others divers, whilk is notoriously known to the haill country, and
shall be proven and cannot be denied.
7. In taking of the King’s Officers of Arms and others, executors of his
Majesty’s letters and charges, in taking and putting of them in prison
and captivity, as he did to William Cuningham.
8. Be compelling of our Sovereign Lords free lieges to depart furth of
the country where they were borne, and dwell for the present in
banishment, but ony order of law, as he did to Mr. William Moodie, Manis
Moodie, Johne Gifford, Walter Spence, Ola Sinclair of Brow and his
bairns, William Sinclair of Voster, with many other divers, whilk cannot
be denied.
9. Be directing of precepts, charges, and proclamations absolutely in
his own name against the King’s Lieges, and giving sentences absolutely,
but trial or judicial cognition preceding, and usurping of ane princely
power in that behalf, and in all other his adois; and in special, where
he alleges himself to be as free Lord and Heritor of Orkney and Zetland
as the King of Scotland is in his own realm, or the Queen of England, or
the King of France in France, and maks his vante, that in case he be put
at by the King’s Majesty’s authority, to give the haill countrys into
the King of Denmark’s hands, whilk cannot be denied.
10. In oppressing the King’s Lieges of Orkney and Zetland, in compelling
them, by all order or law, to mak him and his haill household, to the
number of six or seven score, bankettis and great cheer on their awin
expenses, to the great hurt and wrack of the country be way of sorning
and oppression; as is notoriously known, and sall be preven with the
haill country.
11. Be making and setting of new takkis and gersswmes to the poor
lieges, and compelling them to pay to him great soums of money, far by
the auld order of the country, whilk will and sall wraik the haill
commons, gif sooner remeed be not put thereto.
12. In compelling the native men of the country to discharge and
quitclaim their heretage and possession, to eschew his tyranny; as he
did to Margaret Sinclair, Mr. Magnus Halcra, Oliver Sinclair of
Estaquhy, William Sinclair of Garsettar, Margaret Reid of Burgh, Hugh
Sinclair of Strolme with others divers, whilk cannot be denied.
13. In appropriating the common muires and pastures of Orkney, common of
before to the haill country, to himself in property, whereby he means to
oppress the country, and be way of purpresioun to escheat the haile
vuthall lands, as shall be pruven.
14. In disponing of benefices of the country, vacant at the King’s
Majesty’s gift, to sic as he pleases, be his privy gift and provision,
as he did in disponing the vicarage of Sanct Ola, the vicarage of Holm,
Vnst, Scatsta, Nesting, Waus, with others divers.
15. In stopping the burgesses of Kirkwall, being the King’s free
borough, to be free under all liberties, and to buy skin, hyde, butter,
oil, and sic wares in the country but his leave, and in making all sic
as he pleases to be free to use merchandise but the priviledge of the
brugh.
16. In compelling beneficit men to sett their benefices to him,
otherwise leave the country, and in leding their teindis and taking up
their leving gif they withstand his desire, as he did to Mr. Alex^r
Thomson, be striken of him be William Hwme, suldart, after he come out
of the pulpit, Mr. James Maxwell, and other divers.
17. In usurping the office of Justicary but commission, he being but ane
simple Sheriff, in judging of persons of auld crimes, as theft,
slaughter, oppression, sic as he did William Wishart, being dead ane
year afore his entres, comdempnit him in effigy, and confiscat his haill
goods and gear, as it is notoriously known to the haill country of
Zetland, like as he did with divers, whilk sall be proven.
18. In uptaking of the wrak and waithe of the haill country of Orkney
and Zetland, but commission, not being contained in his infeftment,
whilk will extend sen his entres to better nor 10,000 merks, whilk sall
be proven.
19. In making of new acts and statutes be his awn authority, that nane
suld bring hame boittis to Zetland, nor sell them but according to his
act, whilk failzing, to be in my Lord’s will; and be reason that some of
the countrymen had broken the foresaid act, as he alleged, took fra thir
persons after following, xxiiii^{xx} of dollars, viz.—Jacob Tait,
Barthill Strang, David Scott, John Vides, Henry Spence, Peter Nisbet.
20. In alteration and changing of the auld weigh of the bismyre and
pondlar of Orkney, be making the same the fifth part mair nor it was of
before, to the utter wreck of the commonwealth of the country; as is
noterlie knawin by the haill countrie (except the beir pondler), whilk
sall be proven.
21. Be taking and pursuing the King’s free lieges furth of their awne
houses, under silence of night, and putting of their persons in prison,
beside despoliation of their haill goods and gear, as he did to William
Hacra, John Gifford, Mr. William Mowdie, Maniss Mowdie, Mr. Thomas
Beanston, John Alexander, Baillie of Stirling, Edward Sinclair of Eda,
with divers others.
22. In usurpation of our Sovereign Lord’s authority, be pardoning,
remitting, and forgiving of condempnit and convict persons, for recent
slaughter, theft, piracy, and sic capital crimes, as he did to John
Sutherland, —— Strachan, John Millar, John Murray in Zetland, Thomas
Boyane, wha slew ane Patrick Windren in my Lord’s awn presence, now at
his last being at Zetland, the said Thomas being taken and keepit
prisoner the space of six vulkis, was put to liberty, and sent to
Noroway; and sic like for theft, Alexander Sinclair in Stromness,
William Clowstne, with others divers; for piracy, Mr. John Hwme, James
Corsby, Alexir M^cCullach, Alexir Murray, with many others pardoned for
piracy.
23. Be imprisoning and warding of our Sovereign Lord’s lieges within the
Castle of Kirkwell and Zairdis, but occasion or capital crime impute to
them, or trial had in their demerits, proceeding as he did to Mr.
William Moodie, Mr. Magnus Halcra, John Broun, John Jefert, James Bruce,
Alexir Bruce, William Grote, Hutcheoun Cromarty, with many divers
others, whilk cannot be denied.
24. In stopping of all ferries of the country to transport sic as he
pleased to stop, and be commanding, be ane proclamation, that nane suld
be suffirt to pass but his letter of licence and passport, in sic sort,
that neither marcheand nor countryman might pass or repass in Orkney and
Zetland but his licence and writ obtained be moyen or bribes. This Act
is keepit to this hour, that no complainers may resort to thay partes.
25. In making of ane law and statute, that no man shall come out of the
country of Orkney and Zetland to complain upon any wrang or oppression
done in judgement, or without, under the pains of escheating of the
haill lands, life, and goods, whilk shall be pruven.
26. In compelling the countrymen to pay to him their males, grassums,
and rests, whilk the Comptroller had received from them in the King’s
Majesty’s and his dearest Mother’s name, as Ola Sinclair and mony
others, as the country will testify.
27. In using of process of forefaultor upon deid men for capital crimes,
and in escheating their lands and goods after their decease, as he were
King, be way of forfeiture, as he did to Sir James Sinclair of Sandey,
Knicht, William Wischart in Zetland, Sir David Sinclair in Zetland, and
sua usurps to him the King’s Majesty’s authority in all forfeiture and
escheats of lands and goods.
28. In inbringing of Hieland men and broken men in the country of
Orkney, whilks were auld enemies and oppressors of the people of before,
and causing them to sorn, oppress, and spuilzie the country, specially
the Isle of Gramsay, and be stopping of countrymen to pursue them and
put them af the land, alleging they were his own men and fealls, as will
be pruven by the countrymen, whilk cannot be denied.
29. Be giving licence to men to fight singular combats, as he did to ane
Ninian Dowgall and Alex^r Bewemon, George Wallace and William Cullen,
Nichol Sinclair and Stevin ——, Gawin Elphingstone and Patrick Clark.
30. Be compelling the assizemen of the country to fyle and clenge
persons accused, at his pleasure; and gif they refused, be inputting of
his awn household and domestic servants, and suldarts, upon their
assize, and so condempnit innocent men at his private malice and desire,
as he did to William Grhame, William Toddrick, William Aires, James
Cowrons.
31. In compelling the countrymen of Zetland to pay great composition for
the alleged resset of Matthew Sinclair, not being at the horne, attour
the soume of V^c dollars, viz.—Fra Robert Wishart, Walter Hill, Manis
M’Rechie, Ola Cumla, Magnus Reid.
32. In taking away suckin fra the auld vuthal mills of Orkney, whilk
were observit of before inviolate.
33. Be pronounciation of wrangus and false judgement and sentences
against the King’s Majesty’s lieges of the said country, and causing his
deputes thereafter to reduce and retreat the same, as he did to Andrew
Mowat, Mr. Robert Cheyene, and Andrew Hawick of Skatsta, and divers
others, and be the receiving fra the said Andrew Mowat sewen score of
angel nobles and ane chene of gold worth xl angels, and from Mr. Robert
Cheyne and Andrew Hawick ane hundreth angels, and that by the way of
brybrie for corrupting of justice.
As to the special points of oppression, reif, and spuilzie, eviction,
and sic wrangus dealings committed be the said Lord, by order of law,
against the Lieges and Inhabitants of the said countries, because the
same concerns divers persons in particular, and not doubting but they
will complain when as it shall please the Regent’s Grace to give them
place and free passing out of Orkney and Zetland be sea and land. But
the number of their complaints and sall be very large, odious,
and fearful to be read, that sic tyranny and oppression suld be used
within any country. Reserving therefore the particulars thereof to be
declared at length by the saids persons heavily oppressed, when it sall
please the Regent’s Grace, be himself or his Commissioners, to tak trial
and inquisition in their behalf.
Item, the said Lord Robert, continuand in usurpation of the King’s
Majesty’s authority, and using baith of the charges of Admirality and
Justiciary, caused ane Court to be holden at Skalloway Banks in Zetland,
the day of June 1574, and in the same gart call afore him Gilbert
M^cReich, David Leslie, James Leslie, Normand Leslie, brether, and
Robert Rotter, where they were accused and convict to the death in the
said Court for the spoliation of ane ship of Endein, lying in the King’s
waters within Zetland, in the parochine of Nesting, being driven in be
storm of wedder for life and death, whilk ship the foresaids persons
burdit under silence of night, and took furth of her 2000 Spanze ryallis
or thereby, with ane dozen boltis of Holland clayth, and her haill tows,
anchors, and sails, putten the same men and ship to the sea in a great
storm of wedder, of whom never word was gotten thereafter; and thir
persons above written being convicted of this cruel deed, the said Lord
pardoned them after they were holden twa hours at the gallows foot, and
ane tow about their neck, and received fra the said Gilbert M^cReich
therefore I^m of the said ryallis, and seven boltis of the said Holland
claith. Witnesses, Jn. Hamilton, Arthur Sinclair, Hugh Gordon, William
Halcrow, Henry Sinclair.
Item, the said Lord has raised the meal of fleshe to x θ. where it was
but iii ss. at his entries to Orkney, to the wrack of the haill country.
xvi December 1575.
(Signature effaced.)
THE COMPLAYNTIS
OF THE
COMMOWNIS AND INHABITANTIS OF ZETLAND
AND
PROBATIOUNIS LED THAIRUPOUN.
FEBRUARY M.D.LXXVI.
THE COMPLAYNTIS AND PROBATIOUNIS LED THAIRUPOUN OF THE COMMOWNIS AND
INHABITANTIS OF ZETLAND RESSAUIT AND TANE UP BE MAISTER WILLIAME MUDIE
OF BREKNESS AND WILLIAME HENDERSOUN DINGWELL PURSEVANT, COMMISSIONARIS
IN THAT PAIRT SPECIALIE CONSTITUTE CONIUNCTLIE, BE OUR SOUERANE LORD AND
HIS GRACIS REGENTIS COMMISSIOUN DIRECT TO THAME THAIRUPOUN THE DAYIS
RESPECTIVE VNDERWRITTEN, IN THE MONETH OF FEBRUAR, THE ZEIR OF GOD
I^MV^CLX SAXTEIN ZEIRIS, IN COURTIS THE SAID DAYIS HALDEN BE THAME
RESPECTIVE AT TINGWALL IN ZETLAND.
AND First, The Generale Complayntis mentionat in thair commissioun, and
contenit in the Bill producit and giffen in be Arthour Sinclair of Ayth
befoir the Regentis Grace and Lordis of the Secreit Counsale contrair
LAURENCE BRUCE of Cultemalindie, Fowde of Zetland presentlie.
And Secundlie, Vther Complayntis, Generale and Particulare, not contenit
in the said Bill, bot presentit to the saidis Commissionaris at thair
cummyng in the cuntrie at thair seuerale Courtis as eftir followis—
THE FIRST ARTICLE OF THE GENERALE COMPLAYNTIS, giffen in befoir the
Regentis Grace and Secreit Counsale, be Arthour Sinclair of Ayth,
heir eftir followis—
That quhair that eftir the cummyng of LORD ROBERT STEWART, fewar of
Orknay and Zetland, to the dominioun of the saidis cuntries, LAURENCE
BRUCE of Cultemalindie obtenit of him the office of Fowdrie of Zetland;
and schortlie eftir the said Laurence enterit to the possessioun of the
said office, he himselff, his servandis and complices in his name, of
his causing vsit sic diuers wrangis and extortiounis vpon ws contrair
the lawis and auld custome of the said Cuntrie: And specialie it was the
auld vse and custome of Zetland observit in all tymis bygane, that thair
was ane discreit man of ilk paroche, by the rest, callit The
Lawrichtman, quha mesurit oure dewitie, callit Wadmell, and weyit our
dewitie of buttir; and now the said Laurence hes causit ane of his awin
chesing to do the samyn contrair our lawis, to our grit hurt, Insamekle
that the said Laurence hes continualie sen his entrie, quhilk was in the
moneth of Maij or thairby, the zeir of God I^m v^c lxxj zeiris, vptaking
our landmale and dewitie, callit Wadmaill, with ane wrang mesour; swa
that for ilk thrie scoir cuttell quhilk we aught to have payit, he hes
compellit ws to pay ffour scoir cuttell wadmell, and swa hes augmentit
ws the fourt pairt of our dewitie.
The Ferd and Fyft dayis of Februar _respective_, 1576, the
Inhabitantis and Parochinaris of Tingwale, Quhytnes, and Weisdale,
was ressauit, sworne, admittit, and examinit vpoun the Article
aboue specifiit, quhais names followis—
Henrie Halcro, Vnder Fowde
Henrie Halcro, Officiar
Huchoun of Brankishammersland
Johannes of Brankishammersland
Thomas of Girdilsta
Erasmus of Watbustar
Laurence of Hammersland
John of Hammersland
Thomas of Wathsettar
Jacob of Linksettar
Magnus of Linksettar
Nichole of Balzesta
Gilbert Thomassoun
Nichole of Hammersland
John Twait of Hammersland
Thomas of Laxfirthe
Nichole of South Laxfirth
Jacob Tait
Williame Tait
James Leslie
John Gudlat
John Bondissoun
Olaw Bondissoun
Stephanus of Kebustar
Walter of Strand
Nichole Gudlait
Thomas Gudlait
Erasmus of Got
Laurence of Got
John Sclaitter in Got
Magnus Halcro
Malcolme Halcro
Robert of Weisgarth
Nichole of Lie
Magnus of Lie
Laurence of Daill
Erasmus of Daill
Nichole of Daill
Olaw of Fiche
Eirick in Ansta
John Andersoun in Vennerbrek
Nichole Ramsaye
Nichole Benedickssone
James of Scalloway
Magnus of Scalloway
John Hubert
John Michell
Robert Wilsoun
John Ross
David Thomsoun
Williame of Berrie
Johne Vmphra
Johne of Berrie
Nichole of Burwik
Nichole Thomassoun
Nichole Smyth
Thomas Yrrewing
Johne Lummisdaine
Erasmus of Garth
Cast Erasmussoun
Thomas in Northsettare
Magnus Peirsoun of Vstenes
Paule Magnussoun
Johne Hammer
Magnus of Howane
Nichole of Mayneland
Olaw Smyth of Brek
Nichole of Brek
Magnus of How
Thomas Marteinsoun
Johannes of How
Magnus Olawsoun in How
Robert Petirsoun in How
Magnus Tate now in Olagarth
Nichole in Browaland
Nichole in Eistthouss
Magnus Nichole in Stromness
Magnus Magnussoun in Wormadaill
Magnus Androissoun in Hugrasta
Magnus Nichole in Hugrasta
Stephin Zowtsoun in Dessabrek
James Sinclair in Cova
Martein in Huchsettar
Nichole of Cot
Magnus of Cot
Erasmus of Sound
Magnus of Sound
Magnus of Helliabuster
Andro of Helliabuster
Nichole of Helliabuster
Johne Benedicsoun of Stenswall
Magnus Mandeissoun of Tuslavoll
Ereik Magnussoun in Scarpagarth
David Huip in Wastoiff
Laurence Smyth in Hamragarth
Johne Magnussoun thair
Olaw in Housto in Weisdaile
Sowart in How
Magnus Guthreissoun in How
Olaw Magnussoun in How
Thomas Jacobsoun in Toft
Benedick in Overbustare
Thomas Benedickssoun in Overbustare
Olaw Jacobsoun in Overbustare
Magnus Paulsoun in Setir
Boun in Kirkgar
John Thomassoun in Kirgar
Laurence Johnsoun in Kirgar
Jacob of Scarrane
Magnus of Scarrane