Could Britain prove the abandonment of one exaction, the redress of one

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

Oppressions of the Sixteenth Century in the Islands of Orkney and Zetland From Original Documents · 第 5 / 14 段