croce pass throw thair parochin to warne boitis to flit him and his
companie our to Zell fra Collafirth; and becaus the boitis come not sa
sone as he desyrit, he directit furth his precept, but ony tryale
taking, or dome or law passand thairupon, and causit poynd thair
persounis following, viz.—Laurence of Gluss ane angell nobill, ane
curchie quhilk cost twa gudlings, with ane pair of wovin hoiss; not the
less this man was present thair, reddie to flit and fuir upon his
nichtbouris boit, as his nichtbouris testifiit. Lykwyis, Johne in
Barrasettar had his boit present to serve, zet he was poyndit, and payit
twa zopindales to the Laird. Gregorius in Burrowland had his ox prysit
thairfoir, and to releiff him, payit twa dolouris to the Laird. Williame
in Clodasettar for the same, payit alsmikle wadmell of gud clayth,
quhilk suld have bein his wyff ane kirtill, with hir curchie, because he
had na vther geir. Olaw in Houle for the same payit ane horss. Into the
grund betwixt Collafirth and Lyen, thair is fyve sindrie houshaldis,
quhairoff thair was twa widois quha had thair hussbandis perissit upon
the see aucht or nyne dayis of befoir, quha wantit servandis; zet the
Laird gart poynd thame, the ane wantit her kow, and the vther wantit
alsmekle clayth as extendit to ane kowis pryce: Quhilk twa women for
povertie scalit thair housses, and had never ane houss of thair awin
sensyn. Magnus in Quyfirth, quha flittit the Laird and his servandis
twyiss that day our the firth, becaus he was not sa sone reddie in the
morning as thai wald, or he was cummit hame fra the last flitting, his
kow was tane, and to freith her, he behuvit to pay twa dolouris. Johne
in Lyen, quha had his horss and his boy flittand the Laird that day, zit
neuirtheles his kow was tane for ever away be the Lairdis servandis.
Nichol in Swynasettar haveand his horss and boy with the Laird that day
in lykwyiss, zet his kow was tane fra him for ever. Johne Oxnasettar,
for the same, was compellit to pay twa dolouris to the Laird. Thomas in
Colafirth, for the same, had his kow poyndit be the Lairdis officiars,
and wantit her for evir. Andro in Colafirth siclyk wantit his kow
thairfoir.
The Parochinaris of Wais, concerning this Article, deponis, that quhen
the Laird come throw thair parochin, giff the werst boy that was in his
companie gat not ane horss to ryde upon, the Laird wald gar thame that
refusit pay xl s. thairfoir of Zetland payment. And the Lairdis boyis
that buir gunnis or vther grayth, compellit the honest mennis servandis,
and giff thai had na servandis, compellit thame selffis to beir the
gunnis and grayth, sa far as thai had to pass. Magnus Erasmussoun in
Kirkagairth, and James Bie in Stopness, complenis upon the Laird,
quhairas he causit thame to fuire frae Wais to Papay at Burray, certane
lammis, quhairoff twa deit be the way, for the quhilk the Laird gart
thame pay twa lammis agane. And becaus thai zeid not at the first
charge, he poyndit fra ilk ane of thame ane kow.
Dunrosnes deponis anent the unlawis for flitting and fuiring with horss
and boitis, within thair parochin, that the Laird causit poynd thir men
following, albeit at thair horss was ridden with his companie,
viz.—Magnus of Watbustar was poyndit and payit thre dolouris and halff
ane gudling. Olaw in Clapwall was poyndit and payit thre dolouris and
halff ane gudling. Magnus in Wastous was poyndit and payit twa dolouris
and halff ane gudling. Erasmus of Flattabustar was poyndit and payit
thre dolouris and halff ane gudling. Olaw of Flattabustar was poyndit
and payit thre dolours and half ane gudling.
Tenthlie, It is complenit be the foirsaidis auld Lawrichtmen, that
quhair affoir the Lairdis entres, be the law and consuetude of the
cuntrie, the unlaw of blude, efter the quantitie of the hurt, was dempt
be the discretioun of the assyiss, the twa part to the pairtie, and the
thrid to the sheriff. But sen the Laird was Fowde, he hes gart decerne
the unlaw to the sheriff, and nathing to the partie. And giff ony thing
be dempt to the partie for the blude, thai get na payment thairoff, nor
can get out the decretis to obtein the same be, for na payment fra his
clerkis. nowther in actiounnis of blude nor na vther actiounis ciuile or
criminaile, without grit difficultie. And attour, it is hevelie
compleint be the said Lawrichtmen, that quhen and how oft the Laird
depairtis furth of the cuntrie toward the south, he leiffis na depute
nor deputis behind him to minister justice in the cuntrie, and to keip
gude rewill and ordor thairin till his returning, bot dischargeis all
underfowdis in thair particular parochinis, of executioun of thair
offices, until his returning, as said is. The quhilk Article and
Complaynt the haill multitude of the Commownis above specifiit,
ressauit, sworne, and examinit, deponis to be of veritie.
Ellewintlie, It is lamentit be the said auld Lawrichtmen, that quhairas
of the law and consuetude of the cuntrie in all tyme precedand the
Lairdis entres, the Comownis payit thair dewities, callit Wattill, upone
thair Lawrichtmanis bismeyre, be ane nummer and calculatioun callit
merkis. Quhairas the Laird now compellis thame to pay the same in
gudlin-taill upon the Dutche bismeyre, quhilk is thre or four merkis
mair nor just; and swa of everie sewin merkis of wattill that thai pay
in dewitie, thair is nyne schillings Dense mair tane fra thame nor thai
aucht to pay. Quhilk alswa provin be the foirsaid Comownis.
Twelftlie, It is lamentit be the said Lawrichtmen, that quhairas befoir
the Lairdis entres in the office of Fowdrie, gif the Duchemen lay upon
ony grund, and held buyth thairon, the man that aucht the grund, or had
the same for dewitie paying, was wount to gett for the grundleiff ane
barrell of beir, or ellis ane barrell of meill. But sen the Lairdis
cumming, he has tane the same to him selff, and will giff thame na
recompenss thairfoir. And siclyk, quhair affoir the Lairdis cumming, at
the cowp settein of everie schip and merchannis wairis thairoff, it was
the use that the Comownis of that pairt or yle gat ane cowp barrell of
beir at the said cowpsetting. Bot the Laird, sen his entres, at dyvers
places and tymes, hes dispenst with the Duchemen thairfoir, and causit
the Comownis to want the said cowp barrell. And how oft that ever thai
have gottin it, quhen the beir was drunkin, the Laird tuik the tume tre
to him selff, quhilk was ay the Comownis awin of befoir. Quhilk
compleint the Comownis foirsaid hes proven to be of trouth.
Item, Quhair as the haill Comownis of the cuntrie, quhair thai wantit
servandis, and culd get nane to fee in the yle or parochin quhair thai
dwelt, throw derth and scarssness thairoff, in that case thai had
libertie to pass to vther yles and parochinis of the cuntrie quhair
aboundance and sufficient number of servandis was, and fee servandis to
thair lawbour all tyme befoir the Lairdis cumming thair.
Notwithstanding, sen his cumming to the office, he has inhibit thame,
under pecuniare panes, to do the same, to thair grit hurt and scayth.
And quhair thai contraveine his said inhibitioun, he takkis up the said
pane with all rigor; lyk as he did to James Spence, indwellar in Zell,
becaus he past furth of Zell to Fetlair, and feit ane servand thair, and
broucht him hame with him, and fra tyme the work come in hand, the
servand was tane fra him, and he compellit to pay to the Laird thre
dolouris thairfoir. This provin be Edwarde Odsta in Fetlair, Williame
Magnusson in Unst, Williame Spence, and David Spence in Zell, quha
affirmes that thai saw the silver delyverit in Magnus Nubiebakis zairde
in Zell.
Item, It is complenit be the maist part of the Comownis of Zetland, that
thai ar oppressit and wranguslie handilit be the Kirkmen and thair
factoris, and specialie in the paying of thair corne teynd; that quhair
thai wount of auld use and custome to pay for thair corne teynt,
equivalent thairoff in fresche fische or hard butter, ulie, or sic vther
mony wourthis as thai might furniss, because of the scarsitie of cornis,
quhilk thai payit zeirlie in maner foirsaid. Quhill laitlie that new
vicaris and factoris are placit in the cuntrie, sic as James Hay, Mr.
William Lauder, Barthol Strang, Andro Giffart, quha hes abolesit and put
away the auld use and consuetude of payment in maner foirsaid, and
compellis thame now to pay butter and ulie allenarly upoun the grit and
new augmentit weyis and messouris, or ellis pryces according to thair
plessure, quairthrow thai ar hevely hurt and dammageit zeirlie.
Thairfoir thai desyir that thai be brocht to the former use of payment,
or ellis to ressaive fra thaim zeirlie, at dew tyme, thair corne teynd
itself in the scheiff. And gif thai refuse to do that, that thai may
have libertie to teynd thair cornis be honest men, and sett it aseid,
and intromitt with their awin stok.
HEIREFTIR THE PARTICULAR COMPLEINTIS followis, giffin in befoir the
Commissionaris, place, zeir, and dayis respective before
specifiit—
In the first, the Comownis of Fetlair—to wit, Nicholaus Patersoun in
Crocebustare, Magnus Spailman, Olaw Gregoriussoun, John
Patersoun—complenis upon the Laird, qua tuik fra thame for ane pece of
see-drewin tre, of twa faddoumis lenth, estemit be estimatioun and
valour of nyne s. allanerlie, the sowmes respective following, quhai
nowther summond, callit, nor dempt. First, Nicholaus Patersoun foirsaid,
was poyndit and compellit to pay fyve dolouris to the Laird; his brother
Johne in Crocebustare was compellit to pay aucht dolouris. Magnus
Spailman was compellit to pay aucht dolouris. Olaw Gregorsoun and his
twa brotheris war compellit to pay amang thame nyne dolouris. This
cleirlie provin be the haill rest of the nichtbors of the Yle foirsaid.
Item, The Comownis of Fetlair efter following, hevelie menis and
complenis, that quhair thair haill sustentatiounis and lyvis fude
(specialie in the tyme of winter, quhen thai dar not travell to far seis
in fisching, for storms of weder upon thair small scaffis) consistis on
thair fisching within the bayis and soundis adjacent to the said Yle;
and quhair thai had libertie in all tymes precedand the Lairdis entres
to the office of Fowdrie, to fisch thair but interruptioun or impediment
of all Fowdis, his predecessoris, with small lyne, gritlyne, or
handlyne, at thair electioun and plessour. Notwithstanding the Laird of
Cultemalindie, in this present zeir of 1576 zeir of God, hes tane fra
the persounis following, the sowmis of monie respective heirefter
specifeit, because thai usit thair auld use and consuetude of fisching
in the places foirsaid in the tyme of winter, quhen thai micht not
travell to far seis. That is to say, fra Magnus Burgar and his boitmen
fyve gudlinis, Magnus Gregorsoun and his cumpanie fyve gudlings, Johne
of Northdaill and his boitmen fyve gudlinis, Thomas of Vailzie and his
companie fyve gudlinis; Thomas Navar and his mairow fyve gudlinis,
Ninian of Sandis boit fyve gudlinis, John of Burghis boit fyve gudlinis,
Nichole Scot in Snaburgh fyve gudlinis, Edwarde of Odstais boit fyve
gudlinis, David Frakasettaris boit fyve gudlinis, Stephane in Ureis boit
fyve gudlinis, and Patrik of Ureis boit fyve gudlinis; quhilk fyve
gudlinis is ay payit be twa dolouris and ane halff, or than ane angell
nobill, and bot twa or thre puire men at the maist in ilk boit that
payit the said unlawis. And hes maid ane new statute for all tyme
cumming, that nane sall fische thair in tyme of winter, with small lyne
or grit lyne, under the pane of pecuniar sowmes. And swa sen the makking
of the said act, na man dar fische thair, and it stud thame on thair
lyveis fude. This provin be the residew of the said Yle befoir
specifeit.
Item, It is complenit anent ane unlawful inovation and custome raisit up
be the Laird, sen his cumming in the cuntrie, upon certane the
inhabitaris of Zetland, quha had schippis of thair awin, and travalit
thairwith to Noroway, and broucht hame tymber and boitis to furneis the
cuntrie for the payment; the Laird allegeand that thair was ane act maid
that nane suld sell boitis nor tymber bot upone ane certifeit pryce, and
allegeand that thai had brokin the said act in selling deirar thair
boitis and tymber to the Comownis nor the said allegit act proportit.
And the persounis heirefter following affirmis, that thair was never ane
act maid, at the leist was never intimeit to thame. Notwithstanding the
Laird compellit thame to pay to him, in name of penaltie and
transgressioun of his said allegit act, the sowmes of monie following,
without dome or law—to wit, fra Peter Neisbett twelff dolouris, fra
Henrie Spence nyne dolouris, and fra Johne of Windeis ane barrell of
buttir, pryce thre angell nobillis and ane halff. This provin be the
haill nichtbors foirsaid of the saidis thre Yles of Fetlair, Unst and
Zell, to be of veritie.
Item, Johne Fresser, indwellar in ane litill yle, callit Hoscasay,
appropriat to the Fowdrie of Zell, haveand twa merkland in heritage in
the Yle of Fetlair, and becaus he was absent fra ane court haldin be the
Laird in Fetlair, and gat na warning thairto, nor zet was he in use to
anssuer thair, bot at the court of Zell. Nevertheless the Laird tuik his
ox fra him thairfoir, na dome or law giffin furth thairupoun. This
confessit and affirmit to be of trouth be the haill inhabitantis of
Fetlair and Zell foirsaid, before the Commissionaris.
Item, Henrie Spence in Zell, had ane servand, quhat at his masteris
comand past to his masteris scheip cruiff, and markit his masteris
lambis upon his merk. And of eventime thair was ane lamb of the vicaris
in the cruiff, quhilk lamb the servand unwittandlie markit upon his
masteris merk; and immediatlie thairefter he perseiveand that it was the
vicaris lamb, schow him thairoff, and offert to the vicair ane unmarkit
lamb thairfoir; and this was done xxx zeirs syn or thairby, quhen Olaw
Sinclair was Fowde; the said Olaw thairefter cummand to the Yle, gettand
knowlege of the same, tuik tryale thairoff, and fand that it was done of
negligence ignorantlie, and thairfoir remittit it. Nevertheless the
Laird enterand to the Fowdrie, and gettand knawlege thairoff, compellit
the said Henrie to giff to him thairfoir, threttie dolouris, but dome or
law. This provin to be trew be the haill Comownis foirsaid of the Yle of
Zell, present befoir the Commissionaris.
Item, Nicholaus of Culzevo, and Garth of Ulsta, complenis upon the
Laird, that at his first entrie, he compellit thame to tak the office of
Underfowdrie of Zell upon thame conjointlie, and gart the said Nicholaus
giff him thairfoir sax dolouris, and the said Garth ane silver spune
quhilk coist him aucht gudlinis; notwithstanding, quhen ever thai held
court or decreit in executioun of thair office, thai war dischargit by
my Lord of the office; and immediatlie efter thair discharge, thai past
to the Laird, and desyrit to have had thair zopindaleis and silver spune
agane, quhilk he refusit. Bot the zeiris thaireftir, be offerit to mak
thame Underfowdis, quhilk thai refusit, because of the first discharge,
swa that thai want the silver and spune as zet, and can get na
recompense thairoff.
Item, lykwyiss Edwarde of Odsta, indwellaire in Fetlair, complenis upon
the Laird, that he wald have compellit him till have acceptit the office
of Underfowdrie of Fetlair upon him, quhilk he refusit, becaus he was
not qualifeit thairfoir; and to eschew the Lairdis yre in refusing of
the same, till have his favor, and be relevit of the said office, he
gart the said Edward giff him ane ox. Thir twa concerning the office of
Underfowdrie provin befoir the saidis Commissionaris be the nichtboris
of the saidis Yles befoir specifeit.
Item, Olaw in Hellzness, indwellar in Fetlair, haiffand licence of his
nichtbouris to pasture his gudis in his gerss, tedderit sum gudis of his
thairintill; and the Underfowde cummand by upon accident, persavit his
gudis in his nichtbouris grund, maid arreistment upon thame, na
intimatioun thairoff maid to the said Olaw that aucht the gudis, nor zet
to his servandis that kepit thame; and the Laird gettand knawlege that
thair was arreistment maid, but calling or pursewing of the said Olaw
thairfoir, and na dome nor law passand thairupoun, poyndit him, and
compellit him to pay fyve dolouris for the said pretendit arreistment.
Item, Magnus Johnsoun in Uredaill, Williame Johnsoun in Tow, Erasmus in
Sinbustar, Gelis in Burgh, Magnus Erasmussoun, indwellaris in Burray,
and Margrett Yirewing, ane puir wedo, indwellare in Trondra, complenis
upon the Laird and his officiar, James Espline, quhay at his cumand hes
chargit ilk ane of thame to pay thre dolouris to the Laird, becaus thai
came not to cast peitis, till ane rewme callit Papill. And they
allegeand that thai war never in use of sic service, nor was not callit
ordorlie, nor dempt in the said pane, thairfoir refusit to anssuer the
said officiar thairoff. Nevertheless, by order of law, the said James
Espline, at the Lairdis comand, has poyndit fra the said Magnus
Johnsoun, Williame Johnsoun, and Erasmus in Sinbuster, fra ilk ane of
thame, thre zopindales, and the vther thre ar lyand under the daunger of
poynding for alsmekle, ilk person. And the foirsaid persounis hes provin
be the rest of the nichtbouris of the said Yle of Burray within written,
that thai ar poyndit in maner foirsaid, and als hes causit to call
certaine of the assyiss that the Laird had upon his Court to declair
giff sic thingis was dempt be thame or not, befoir the Commissionaris,
viz.—Swaine in Brindista, Marten in Sound, Magnus in Sound, John
Thomassoun in Sound, Nichole Hutchissoun in Eister Quhairff, Nichole
Swainsoun in Utrabustar, Magnus in Uradaill, Olaw Yirewing in Troindra,
David Sinclair in Hugoland, James Sinclair in Northbustar, Robert in
Clett, Richart Sinclair in Branxaclett, Magnus Symoundsoun in Burgh, and
Magnus in Brek: Quha beand sworne upon thair grit aythis, deponit, that
thai never voted anent the unlaw foirsaid of peitis casting, nor had
never decreit, pronouncit, nor red thairupon.
Item, Christopheir Johnsoun beand giffin up in ane Granderie in
Northmaven, for the allegeit uptaking of ane pece see-drewin tre, he
beand than, at the upgiffin thairoff, dwelland in Delting, ane vther
parochin: For the quhilk causs it was referred to the Court haldin in
Delting be the Laird. And at the Lairdis cumming thair, the said
Christopheir beand callit thairfoir in Court, was decernit to quyt him
thairoff with the Lawricht ayth. The maner quhairoff is, the sheriff
sall chois ane honest nichtbour that knawis his lyff, and him selff ane
vther to stand on ilk hand of him; and first, he sall quyt him selff be
his ayth, and than the vther twa ar requyrit giff thai will sweir that
it is ane trew ayth that he has maid: Giff thai afferme it trew, than is
he quyt. Bot giff thai or any of thame refuiss, than of the law for
samonie as refusis him, he man pay ane merk Zetland payment, quhilk is
the third part of ane dolour. And becaus this Christopheir was furth of
his awin parochin, quhair the allegeit deid was done, and culd get na
acquittance in the parochin quhair he thair dwelt, desyrit to be
refferrit hame to Northmaven quhair he dwelt of befoir, to the quhilk
the Laird wuld not condescend. And giff he had failzit acquittance, and
had had na excuiss thairfoir, zet he suld have payit na mair bot twa
gudlingis of the law, quhilk at the hieast is xvi s. Scottis. Bot the
Laird by all ordor of justice, compellit him to pay sax dolouris
thairfoir. And this provin be the nichtbouris foirsaid of Delting.
Item, Olaw in Yllisburgh, being on the sei in his boit, fand ane fische
callit ane Homeir, quhilk he drew to the land upon his awin heritable
grund, and tuik furth the liver thairoff, and made it in ulie, for the
fische thairoff ganis for naething. The Laird gettand wit thairoff, he
callit him in the Court thairoff in Nesting, in this present zeir of
[God] 1576 zeiris, and layde him to the law thair; and siclyk at ane
vther Court thairefter, haldin in Nesting; and in bayth the Courtis he
was decernit free, and nathing dempt to the Laird thairfoir, as thai
that sat upon the assyiss declarit. Zet nevertheless the Laird causit
his officiar, James Espline, to poynd sewin ky of the said Olawis
thairfoir, and for releiff of thame, he was constreinit to giff to the
Laird four angell nobillis, or ellis to have wantit his ky. This provin
be the haill number of the thre parochinis foirsaid.
Item, Nicholaus Johnsoun beand upon the assyiss in ane Court haldin at
Sandness this last zeir efter Lammess, said to Harie Bruce, that quhen
he votit upon the assyiss, he had mair mynd to wyn geir nor he had of
his saull. And Harie Bruce takand witness of his speiking, summound him
to the Varding, to underlie the law for the same, and pursewit the man,
swa that he was glayde to aggrie with him, and be quyt of his cummar,
and gaif him sax gudlinis. And swa the honest men of the cuntrie that is
upon the assyiss dar not voit bot as the Lairdis men requyris thame. And
this provin be the haill nichtbouris of Papay.
Item, Anent the complaynt giffin in be Magnus in Quhytnes in Wawiss,
upon the Laird of Cultemalindie, that quhair he compellit him to tak
certane land agains his will, efter that his takkis was run furth, and
becaus he wuld not wone the land, the said Laird causit Laurence of
Grunzevo cum till hous, and poynd fra him twa oxin and ane kow. Quhilk
oxen war prysit to nyne dolouris and the kow to ane dolour. And becaus
he was indigent of silver (except ane dolour that he had, quhairwith he
lousit the kow), the oxen was tane fra him for ever, swa he wantit at
that tyme the sowme of ten dolouris be plaine oppressioun, this present
zeir 1576 zeiris. And this provin be the haill parochin of Wawiss within
specifiit.