the auld custome of our said cuntrie that for breiking of nichtbourheid,
the haill parochin, callit the Scattald, payit fyve gudlingis, now he
compellit ilk man in the parochin to pay for the said unlaw, fyve
gudlingis, quhilk will extend to grit sowmes, to the grit hurt of us,
the Inhabitantis of the cuntrie.
The Parochinaris of Quhytnes and Weisdale, Nesting, Lunasting, and
Quhailsay, examinit and sworne upon this Aucht Article, deponis—
That the ordor is, amangis nichtbouris that dwellis within ane scathald,
gif ane brute be rasit upon thame, and the faltor cannot be found out,
quhen thai ar all put to acquittance, and quha that failzeis to be quyt,
becummis convict in ane domeraw, to be payit amang sa mony as is unquyt
coniunctlie, ilk man his pairt; neuirtheless, thir parochinaris deponis,
That the Laird in his last Court, haldin at Quhytnes, chargit ten
houshaldis for scoulding, that is to say, for ane sclander and brute
that was rasit upon sum of the town, quham thai culd not get knawlege
off, to quyt thame of scheip that wantit. Quhilk acquittance was ordanit
be Olaw Sinclair, Fowde of Zetland for the tyme, and lay deid and
sleipit, quhill now in Hervest 1576; at quhilk tyme the Laird of
Cultemalindie waknit the samyn, and tuik fra everilk ane of the ten
houshaldis fyve gudlingis, quhilk is the haill sowme of ane domeraw,
extending in the haill to fiftie gudlingis; quhairas the haill ten
houshaldis aucht and suld have payit bot fyve gudlingis amangis thame
all, giff thai had failzied acquittance: Off quham sum was on lyve, and
sum was deid, zet he gart the airis of thame that was deid mak payment.
The names of the ten houshaldis are—Jacob in Scairane, Thomas of
Girdilsta, Hutchain of Branxhammersland, Erasmus of Watbustar, Nichole
of Catfirth, Henrie of Catfirth, Magnus of Crown, Ereik of Strandfurde,
Magnus Andersoun, Erasmus of Wathsettar. The men of Nesting, anent this
Article, deponis, That the officiar pundit everie ane of thir foirsaid
persounis for ane domeraw, and tuik of thame attour that to himselff of
ilk man, ij s. Scottis. And thai affirme that thair is twa of the ten
lyand under the danger of punding, and not poyndit as zett for this
unlaw.
THE LAST ARTICLE OF THE GENERALE COMPLAYNTIS giffen in befoir the
Regentis Grace, and Lordis of the Secreit Counsale, be Arthour
Sinclair of Ayth, aganis LAURENCE BRUCE of Cultemalindie, as
followis—
Last of all, the said Laurence hes continewalie, sen hes entrie in our
said cuntrie, zeirlie, and ilk zeir, usit to tak up dittayis, usit
justice courtis, callit be us Grandraiffes, quhilk was never usit of
befoir, bot ilk sewin zeir, thairthrow oppressing us with all kynd of
tyranie and wrang, and compelling us to giff and delyver to him our
gudis and substance in grit quantitie, in sic sort, that we ar
altogidder put to grit povertie and heirschip; swa that thair is na
natioun under grittar slaverie and oppressioun be the meins foirsaid nor
we ar, and will be compellit to leiff our cuntrie desolat of the pepill
and laboraris, to seik our habitatioun in sum forane natioun, without
your Grace and Lordships provyd sum haistie remeid.
All the Inhabitaris of Zetland foirsaid, ressauit and sworne, and
examinit befoir the Commissionaris, deponis all in ane voce upon this
Last and Nynt Article, That the same is trew, and affirmis, that not
onlie the Laird tuik up the Granderie zeirlie, bot at ilk Court that he
held, bayth in the Mayneland and Yles. And for the better understanding
of this terme of Granderie, thai defyne the samyn to be ane law,
quhairby ane previe dittay of all faltis and crymes committit or done
contrair the comown law, quhilk suld be tane up be ane generale inqueist
of the maist honest men of ilk paroche and yle ans in the sewin zeir,
giff neid be, and na oftar. Bott the Laird, sen hes entres, hes abusit
this law be the continewale and daylie using thairoff at everie Court
haldin be him; be the quhilk not onlie is the criminale persounis
punissit, bot alswa the innocent are grivouslie wrangit and opprest
thairby—
First, Be the frequent using of the samyn, contra the custome and
consuetude of the cuntrie.
Secundlie, That the said previe dittay beand tane, he will permit na
probatioun to be led thairupon, but the parteis indytit ar haldin
convict, ewin as probatioun had bein led and ressauit thairupon.
Thridlie, The dittay quhilk suld have been giffin up be ane generale
inqueist of honest men, is tane up be him and his clerkis in previe
maner, of the parteis enemeis and ewilwillaris; quhairthrow sum are
spulzeit of thair haill gudis and geir, and of thair honestie and fame,
and vther sum componis with him, for feir of thair lyff, at his plessur.
Ferdlie, Thair is ane branche of this law of Granderie, callit Sculding,
that is to say, ane brute or sclander of thift, pykrie, or sic uther
crymes, rasit by the deid of ane single persoun in ane parochin or yle,
quhairoff na probatioun can be had quha is the committar thairoff, in
that case the haill nichtbouris within that pairt of the parochin or yle
are generalie put under acquittance of the said brute; and swa quhen
they cum to offer thair acquittance, it is ofter refusit nor resavit be
the Laird; and giff this first acquittance beis not admittit nor
ressavit be the Laird, thai pay thair unlaw thairfoir to him, and than
ar thai put to the second hiear acquittance. Quhilk seindill or never is
ressavit be the Laird, be ressoun the first less acquittance was not
ressavit nor admittit, and swa ar thai pundit for falzeing of the second
acquittance in the tripill of the first unlaw, and syn put to the hieast
and last acquittance; quhairin, giff thai failzie and beis not quyt,
thair haill guddis and geir ar confiscat, or ellis thai man compone
thairfoir with him, and swa the multitude of innocent persounis ar
punist wranguslie for the offense of ane trespasser; and becaus this law
of Granderie is ane meins and way to spulzie honist men of thair
substance, thairfoir he usis it the ofter at everie Court zeirlie haldin
be him in the cuntrie.
HEIR ENDIS THE GENERALE COMPLAYNTIS, giffin in in Bill befoir the
Regentis Grace and Secreit Counsale, be Arthour Sinclair of Ayth,
aganis LAURENCE BRUCE of Cultemalindie, and the Probatiounis led
thairupon: AND HEIREFTER FOLLOWIS THE UTHIR COMPLAYNTIS, GENERALE
AND PARTICULAR, not contenit in the said Bill, bot giffin up to
the foirsaid Commissionaris be the Inhabitaris of Zetland within
specifeit, efter thair arryving in Zetland; with thair
probatiounis led thairupon, place, zeir, month, and dayis
respectivé above specifiit.
In the first, Thair is ane dewitie, callit Leanger, quhilk the Comownis
of Zetland payis zeirlie, followand thair wadmell, quhilk extendis to
four Dence quhytis, or ane calff skin, with everie xxiiij cutteill of
wadmell. Bot the Laird, sen his entress, hes compellit thame to pay to
him, throw the haill cuntrie, for everie Dence quhyt, quhilk is thre
halfpennies Scottis, ane babie, or ellis ane calff skin, quhilk is four
tymes alsmikle as they war in use to pay befoir his entress: Quhilk
thing, be ressoun of the uniuersalitie and pretendit perpetuitie, is ane
intollerable oppressioun.
The quhilk new impost and oppressioun, the haill number of the
Inhabitaris of Zetland within specifiit, ressauit and sworne the dayis
respectivé befoir rehersit, hes testifiit, deponit, and verifiit to be
of treuth, and ar all in ane voce thairupon conforme.
Secundlie, The haill Comownis within specifiit, ressauit, sworne, and
admittit upon the complaynt of the wrangus ressait of the ule, proponit
be the auld Lawrichtmen of the cuntrie, deponis, That according to the
use and consuetude of the cuntrie, ane just Bramer barrell, quhairin
thair ulie is ressavit, suld contain na less nor xlviii cannis of ulie:
Quhilk can suld be largear of quantitie nor the content of liquor that
is put thairin, and suld be markit with ane plowk on ilk syde, within
the superior part, under the mouth thairoff: Quhilk plowkis is the just
messor of the can that the ulie suld be fild to, and not transcend the
samyn; and quhen thai fill it to be put in the barrell, it suld stand
upon ane just ewin erd, and fild quhill the plowkis swome equalie, and
na hiear. Bot now, sen the Lairdis entress, he hes maid his can sa grit
with the quhilk he ressavis the ulie, swa that xxxiv cannis, or xxxvi at
the maist, fillis the barrell, and that be ressoun his can wantand
plowkis, quhen it is fild is not set ewin upon the erd, as it suld be,
bot in ane tummell standand in the bung of the barrell; and swa they
fill the can at ilk tyme, quhill it rin our neir ane copfull or thairby,
quhilk passis in the barrell with the canfull; and swa be the wrang
messor and wrangus hand ressavand, thai ar opprest and spulzeit attour
the ferd part of thair righteous ulie dett, or thairby.
Thridlie, The auld Lawrichtmen of the cuntrie compleinit, quhair the
Fowdis of the cuntrie furnist, in tymes bygane, the barrales that
ressavit the butter and ulie quhilk the Comownis payit, or ellis, quhen
thai causit the Comownis furniss any barrales of thair awin to that
effect, the Fowdis gaiff thame allowance and payit thame thairfoir. Bot
now the Laird of Cultemalindie, sen his cumming to the office of
Fowdrie, hes compellit thame zeirlie to furniss barrales upon thair awin
expenss, without ony maner of allowance, or payment of the haill butter
and ulie that thai pay in dewitie to the King zeirlie; quhairintill the
Comownis ar gritlie hurt and opprest as affoir. The haill Comownis of
Zetland within contenit, ressauit and sworne the dayis respectivé befoir
rehersit, hes testifiit, verifiit, and deponit this Complaynt and
Article to be of trewth, all in ane voce.
Ferdlie, It was hevelie lamentit and complenit be the said auld
Lawrichtmen of the cuntrie of Zetland, that quhair the Laird of
Cultemalindie, sen his entres, hes rasit ane new exactioun upon the
cuntrie, quhilk was never tane of befoir be na Fowde, of certane oxin
and scheip zeirlie furth of ilk parochin at the tyme of the haldin of
the lawting. The Inhabitaris of the cuntrie within contenit, ressauit
and sworne the dayis respectivé before rehersit, examinit upon this
Article, deponis as followis—
And first, The Parochinaris of Quhytnes and Weisdale testifiis, that the
Laird compellit the men of this parochin to pay ilk zeir of twa zeiris
to him, quhen he com to Tingwall or Scalloway, ane ox and twelff scheip,
and the uther twa last zeiris thai payit bot sax scheip; quhilk wrang
custome is broucht up be him upon thame of new, and was never upon thame
of befoir.
The Parochinaris of Brassay, concerning this Article, testifiis, that
the Laird causit thame to pay to him ilk zeir, sen hes entres, ane ox
and twelff scheip, by geiss, hennis, fische, buttir, and eggis, but ony
payment or allowance thairfoir, except this last zeir, quhairintill he
requyrit na sic thing of thame for nocht; quhilk was never ane dewitie
of befoir, but rasit be him, and gart poyind thair gudis for payment of
the samyn.
The Parochinaris foirsaid of Nesting, Lunasting, Quhailsay, and
Skerreis, declaris, that the Laird compellit thame to pay ilk zeir, sen
his entres (except this last zeir), ane ox and xxiiii scheip, quhilk is
ane wrang custome and ane grit oppressioun, for thai gat na payment
thairfoir; and that it was never in use in ony tyme preceding to be
payit, nowthir to Fowdis nor vtheris, that had charge and care our the
cuntrie of Zetland.
The Parochinaris of Burray, Quharff, Trondra, and Godberwyk, affirmis,
that the Laird tuik of thame, ilk zeir of twa zeir, ane ox and twelff
scheip, quhilk was ane wrang custome, and was never in use to be tane
affoir in ony mannis tyme.
The Inhabitaris of Zell affirmis, that ilk zeir of thre zeiris the Laird
hes causit thame pay to him ane ox and twelff scheip; and Unst affirmis
thai payit in lykwyiss as Zell. And Fetlair testifiis, that the first
zeir of the Lairdis entres, thai payit to him ane ox and twelff scheip;
the second zeir, ane kow and twelff scheip; and the third zeir, becaus
the deid come amang the gudis of the Yle, he relevit thame of the ox,
and tuik bot twelff scheip: Quhilk extortioun and wrangus custome the
Laird layde doun this last zeir, feirand giff he continewit in it, that
he wald be complenit upon.
The Inhabitaris of Delting and Scatsta affirmis, that the Laird causit
thame, ilk zeir of thre zeiris, to pay him ane ox and twelff scheip
furth of their parochin, quhilk was never in use to be tane of thame of
befoir. Northmaven affirmis, thai payit conforme to Delting of oxin and
scheip. Wawis testifiis, thai payit in thre zeir thre oxin and thre
doissoun of scheip. Sandsting and Aythsting testifiis, that in twa
zeiris, the Laird causit thame to pay to him, ilk zeir thairoff, ane ox
and twelff scheip; the third zeir, becaus thai had not ane ox to giff
him, he tuik xxiiii scheip of thame; and the last zeir, he tuik certain
scheip of thame, to the number of sax, sevin, or aucht, and promisit
payment thairfoir, bot as zet is unpayit.
The Inhabitaris of Dunrosnes declaris, that the Laird tuik fra thame ilk
zeir of thre zeiris, ane ox and twelff scheip, bot the last zeir he tuik
nathing thairoff fra thame.
Fyftlie, It was complenit be the said auld Lawrichtmen, that the Laird
had compellit the haill countrie of Zetland to pay to him ane taxatioun
in the first zeir of his last entres, allegeand that it was to sustein
his suddartis upon. And thai that wuld not pay the samyn, he poyndit
thair gudis and geir thairfoir, and giff thai maid obstacle, thai war
dung be the officiaris, and thair geir tane fra thame thairfoir; amang
quhom ane honest man, callit Andro Michelsoun, dwelland in Hollibustar,
tennent to the Kingis Grace, was dung be the officiar, Harie Bruce,
becaus he wald have stayit his geir fra poynding for the said taxatioun.
The haill Inhabitaris of Zetland within mentionat, ressauit, sworne,
and admittit, zeir, place, and dayis respectivé before said, hes
testifiit upon this Article of the Taxatioun, as followis—
Quhytnes and Weisdale, being bot puir fischarmen, payit in the said
taxatioun twelff dolouris and ane halff. Brassay, beand bot to the
number of xxx puir fischaris, payit contrair thair will, in the said
taxatioun, twelff dolouris. Nesting, Lunasting, Quhailsay, and Skerreis,
payit in this taxatioun threttie dolors, nevertheless thai war
constrenit, as thai affirme, to feid the Lairdis suddartis all the tyme
thai war in the said cuntrie. Tingwall affermis, that the Laird and his
servand Harie Bruce, tuik in this parochin for this taxatioun, fiftie
dolouris. Burray, Trondra, Quharff and Goldberwyk, affermis, that the
Laird gart this puir parochin pay in this taxatioun, twentie dolouris;
and war nocht David Clerk of the Brintyland and vtheris, merchandis,
lent and fristit thame the dolouris, thair ky and oxin had been poyndit
thairfoir, to thair utter wrak. Zell payit in this taxatioun to the
Laird thre scoir of dolouris. Unst payit to the Laird, be the handis of
Barthole Strang and Thomas Cowtis, in this taxatioun, fyve scoir of
dolouris. Fetlair payit heirintill be the handis of James Sutherland,
till Andro Mowat, quha ressavit in the Lardis name twentie dolouris.
Delting and Scatsta payit in this taxt to the Laird, elewin pund
Scottis. Northmaven, this parochin hes giffen up particularlie, be ilk
man in our name, quhat thai payit, quhilk beand calculat befoir the
Commissionaris, extendit that this parochin payit to thre scoir four
dolouris. Wawis affermis, that thai payit to the Laird in this taxation,
threttie dolouris. Sandsting and Aythsting declaris, that the Laird had
fra thame in this taxatioun, threttie-four dolouris. Dunrosnes affermis,
that thai payit to the Laird in this taxatioun, thre scoir of dolouris.
Saxtlie, It was complenit be the said auld Lawrichtmen, that quhair for
ilk thre zeiris gerssowme of ane last of land, thai war wont to pay fyve
dolouris, quhilk is callit the Eistercowp and Landsettertoun; but now
sen the Laird began to be Chamberlaine, he has tane for ilk last of land
sewin dolouris and ane halff, quhilk is of everie last of land within
Zetland, in thre zeiris, twa dolouris and ane halff dolour mair nor
richt, or ever was payit of befoir, quhilk extendis everie thre zeir to
thre hundreth dolouris and better, of new augmentatiounis of gerssowmes.
The haill Inhabitaris of Zetland befoir mentionat, sworne and examinit
upon this Article, zeir, place, and dayis respectivé affoirsaid, hes
testifiit this Article to be of trewth; and notwithstanding of this new
augmentatioun of gerssowmes, thai got not the takkis kepit and observit
quhill all zeiris that thai haue payit for be outrun. For quhair as thai
haue payit twa gerssowmes in maner foirsaid, for sax zeir takkis, he
will not suffer thame to bruik the last saxt zeir, bot compellis thame
at the begynning thairoff, to tak new takkis agane, and pay new
gerssowmes, and swa makkis the last zeir of the formar assedatioun to be
the first zeir of thair new assedatioun; and swa thai pay dowbill
gerssowmes for ane zeir, togedder with the wrangus augmentatioun
foirsaid.
Sewintlie, It was complenit be the saidis auld Lawrichtmen, that quhair
it is the use and consuetude of the cuntrie quhen ony man or woman
deceissis, haveand landis, gudis, or geir, to be divydit amangis the
airis, the Underfowde (quhilk is the baillie of the parochin or yle),
accumpanyt with certane honest nichtboris, cummand to the principall
houss quhair the persoun deceissit, callit the Heidbull, for making of
the divisioun of the said airschip, callit ane Scheind, gat for his fee
of the haill gudis nyne schilling Dense, quhilk is sax schilling
Scottis, or thairby. But now sen the Lairdis entres, he hes dischargit
the Underfowdis of thair offices and fee in that case, and hes tane in
place of the said nyne schillingis Dense, ane sax schilling ox, quhilk
is the maist sufficient ox that can be had, to him selff of everie
persounis gudis that deceissis.
The haill Inhabitaris of Zetland above specifiit, sworne and examinit
upon this Article, all in ane voce deponis the same to be trew; and in
particular, Laurence of Air, personalie present befoir the
Commissionaris, testifiit be his haill nichtboris, that quhen his fader
Olaw of Eister Scail deceissit, the Laird compellit him to pay ane ox
pryce, viz.—thre dolouris, for his scheind fee.
Auchtlie, It is lamentit and complenit be the auld Lawrichtmen of the
cuntrie, that quhair the Inhabitaris of the cuntrie are hevelie and
exorbitantlie opprest sen the Lairdis entres to the office of Fowdrie,
in wrangus taking up of unlawis of the absentis fra courtis, not beand
summound nor dempt thairto, bot onlie callit upon the stembirth, thair
lawfull sonzeis oft tymes repellit; for of the law and practik of the
cuntrie, the absent fra the Lawting, aucht and suld be unlawit in xl s.,
quhilk was payit in Olaw Sinclair’s tyme with twa dolouris. This Lawting
is the principall court haldin in the cuntrie in the haill zeir, to the
quhilk all men aucht to cum, bayth Mayneland and Yles, that hes land and
heritage or grit takkis of the King. Bot the Laird in his tyme hes tane
up, without respect of persounis, of all absentis fra the Lawting, for
the said xl s. thre dolouris and ane gudling. And quhair currant courtis
was haldin be the Fowde in ony parochin or yle, the absentis therefra
war unlawit in four merk Zetland payment, quhilk was payit with saxteen
shillings Scottis in Olaw Sinclair’s tyme. Bot now the Laird compellis
thame to pay twa dolouris thairfoir. The haill Inhabitantis aboue
specifiit, ressauit, sworne, and examinit upon this Article, deponis the
same to be of veritie.
Nyntlie, It is hevelie lamentit be the said auld Lawrichtmen, that
quhair the Laird of Cultemalindie, sen his cuming in the cuntrie, hes
grevouslie opprest thame be flitting and furing his servandis and gudis,
bayth be see and land, throu his our frequent travelling, and pairtlie
throw transporting of him, his servandis and gudis be see, in langar
distance and space nor use and wount was befoir, with the perill of
thair lyveis, and without meit and drink, or payment thairfoir.
The haill Inhabitaris above specifiit, ressauit, sworne, and admittit,
zeir, place, and dayis respectivé beforesaid, deponis and
testifiis this Article to be trew, as particularlie followis—
First, The men of Brassay foresaid, deponis, quhen the Laird passis in
threw the cuntrie (quhilk he dois our oft) he causis warne all the
Parochinaris to cum with thair horss and boitis to fure him. And albeit
that thair cum horss and botis sufficient to staik him and his cumpanie,
zet gif ony man beis absent with thair horss or boit, he causis poynd
thame for xl s. Zetland payment, for the quhilk he takis up thre
dolouris, but dome or law. And this Yle of Brassay complenis that the
Laird compellit thame this last zeir to transpoirt his gudis, extending
to thre lastis of butter and vther geir, fra the Yle of Brassay to
Swounburgh, quhilk is twentie myles of seagait, upon thair awin
expensis, but ony allowance or payment; quhilk thai never war in use to
do of befoir to ony Fowde, and was in danger of thair lyveis in thair
passage.
The Parochinaris beneith Tingwall, that is to say, betwixt Tingwall and
Scalloway, ar complaynters on the Laird: Quhair as he compellis thame to
fure him, his servandis, gudis, and geir, ferdar be twelff myle of see,
nor ever thai war wount in uther Fowdis tyme to do; and quhair as thai
war bot thrysse in the zeir wount with flitting and furing, and gat
allowance and payment thairfoir, now he compellis thame continewalie to
flit and fure him and his geir as he hes ado, but ony payment or
allowance; quhairthrow thair boitis ar brokin and thame selffis put to
uttar wrak. And sicklyk thir Parochinaris of Tingwall complenis upon the
Laird, quha compellis thame to flit the haill gudis, baith of King and
Bishop, of the North Yles, that cummis to Laxfurde fra the same, to
Scalloway; Quhair as thai war never chargit thairwith of befoir, bot was
weill payit for the same. But now giff thai refuse to carie ane barrell,
thai ar compellit to pay xl s. to the Laird, quhilk is tane up fra thame
in thre zopindales and ane halff.
Burray, Quharff, and Goldberwyk, and Trondray, deponis, anent the furing
of the Laird, his cumpanie and gudis, and unlawis uptaking thairfoir,
thai ar conforme to Brassay; affirmand, that thai ar compellit till
leiff thair lynes in the sey, and to flit and fure by use and wount, but
ony maner of allowance, or meit or drink, giff they suld die for hungar.
And mairattour, thai complein upon the Laird and his doaris, that at ane
tyme quhen certane boitis of Burray, Goldberwyk, Quhairff and Trondra,
war lyand at Havera at fisching, the Laird send his servandis fra
Scalloway to thame, and tuik fra everie boit, but payment making, twa
fisches, ane keilling and ane ling, quhilk was done upon ane Tysday, and
upon Setterday thairafter, they cummand with thair fische to Scalloway
to thair merchandis, the Lairdis servandis tuik agane fra ilk boit twa
fische, keilling and ling, and wald giff nathing thairfoir, the number
of the boitis that the fische was tane fra, war ten or twelff. And the
boitis of Burray and Trondray, at sundrie vther tymes, cumand to
Scalloway, war spulzeit of thair fische be thame. And giff thair had
bein bot twa fische in the boit, thai wuld have ane of thame.
Delting and Scatsta declaris, that quhair thai war in use and wount of
befoir to pay thair scatt and landmales of butter and ulie at Laxfurde,
bot thir twa or thre zeiris sen the Lairdis entress, he hes causit this
parochin to bring thair butter and ulie to Northmaven; and thair
ressavis and packis, and thairefter compellis thame to transpoirt the
same, or samekle vther mens gudis thairfra to Laxfurde, quilk is xxx
myles or thairby of dangerus passage of seis, and gettis nether payment,
allowance, meit nor dreink thairfoir. And the Commownis desyris to be
relevit of this oppressioun for Goddis saik.