upon Laurence Bruce of Cultemalindie, his servandis and complices, that
quhair thai come to his houss of Ayth in Brassay, in the month of
Januar, the zeir of God I^m V^{ct} lx zeiris, he beand in his
awin houss with his wyff, servandis and bairnis, under sylence of nicht,
his wyff beand bot aucht dayis efter her delyverance lyand in chyldbed
lair, and thair put him selff, his wyff, bairnis, and servandis furth of
the houss and biggingis; and placit his servandis and suddartis thairin
under his principall captain, Thomas Boyne, quha was the slaar of
Alexander Duff in Strabogie, and of Patrik Wynrahame in Zetland, to the
number of xv or xvi suddartis and boyis, quha remanit still at the said
houss als lang as the Laird was in the cuntrie, be the space of nyne or
ten dayis; and in the meyntyme speindit and waistit his meit, dreink,
fische and flesche, buttir and cheis, and all vther provisioun that was
within his houss. And at thair depairting, spulzeit and away tuik with
thame fra his houss and feildis that was thairin, or that thai culd
appreheind, that is to say, twa barralis of new aill, and ane half
barrell of auld aill, ane barrell of malt of nyne setteins wecht, ane
barrell of ait meill, and ane hogheid of beir meill, foir lesspundis of
butter ryndit with hinnie, two coigges full with vther four lesspundis
of salt butter, aucht lesspundis of talloun, fyve scoir of maid candill,
extending to twa lesspundis of talloun, sewin reistit muttounis, ane
reistit swyne, that coist twa lesspundis of butter, tane and spulzeit
furth of his ness be thame xv wedderis, sax gryiss, sax or sewin foulis
that was gangand about the houss, ane ox quhilk thai slew, quhilk coist
foir dolouris, ane barrell of salt beiff, with certane hard fische, xvi
elnis of keltar, ane pair of dowbill blankettis, ane covering of ane
bed, ane dublitt of cramesie of the said Magnus, ane black cowal quhilk
coist ane crowne of the Sonne, thre cristale stains set in silver, of
the Dutch fassoun, ane kettill of copper, ane cag with twelff pundis of
saip, with thre flahattis of came, certain tyn cannis and tiem stoupis,
half ane barkit hyde, ane cag with certane hunnie in it, and this by
crusis, piggis, stalis, coppis and bikkaris, togidder with all his
servandis clothing, sic as cassies, breikis, doublatis. And attour all
this, or ever the Laird wuld suffer him to returne hame agane to his
awin houss, he compellit him to borrow fra his nichtbouris twentie
dolouris, quhilk Harie Bruce ressavit fra him at the Lairdis comand. And
quhen he, his wyff, barnis, and servandis returnit to thair awin house,
thair was na maner of meit, dreink, clothing, nor vther geir left to
sustein thame, quhill he behovit to borrow fra his nichtbouris wyff ane
lesspund of meill to sustain his wyff and barnis on. Mairattour, the
said Magnus complenis upon the said Laird, that quhair he had ane
steding, callit Sater, lying in Brassay, of four merk and ane half land
perteining to the Kingis Grace, quhilk he possessit xxiv zeirs or
thairby, for the quhilk he had payit males, gerssowmes, and all
dewities, conforme to the rentale thairfoir, lykas he had payit for the
gerssowm thairoff to the Laird in the lxxii zeiris of God, for the thre
zeiris thairefter to rin, twa dolouris: nevertheless, quhen he had
gottin bot ane zeiris crope thairoff, he put him furth of the same, and
tuik new gerssowm fra his broder, Andro Leslie, thairfoir, ejectand the
said Magnus and enterand his said brother thairto, quhilk he hes wantit
sensyne, to his grit dammage and scayth; desyris that the Regentis Grace
and Lordis of Secreit Counsale wuld causs him be recompensit of his
scaythis above writtin.
This complaynt is provin to be of treuth in all pointes, be John Smyth,
Magnus Lawrencesoun, Christopheir in Grindiscall, Thomas in Kirkbustar,
Duncane Inksettar, Erasmus Robertsoun, and John Robertsoun, with the
rest of the inhabitaris of Brassay. Bot thai ar incertane of the geir
and quantitie thairoff befoir specifeit, contenit in his houss the tyme
foirsaid, bot thai knaw perfytlie, that thai usit all that was thairin
at thair plessure, and at thair depairting, left nathing thairin but
bair wallis.
Item, Ane Bill of Complaynt giffin in be Andro Hawyk of Scatstay, upon
the said Laurence Bruce, as the particulair thairoff beiris in it selff.
Item, Ane Bill of Complaynt giffin in be Barthole Strang of Voisgarth,
aganis the Laird, as the tennour of the same beirs in it selff.
Item, Ane Complaynt giffin in be Andro Fairlie upon the Laird, as the
Bill thairoff proportis in it selff.
Item, Ane Complaynt giffin in be Gawane Gadie, as his Bill maid
thairupon proportis.
Item, . . . . . . . . . . . . . . . . . .
HEIREFTER FOLLOWIS CERTANE PARTICULAR COMPLAYNTIS GIFFIN IN BE ARTHOUR
SINCLAIR OF AYTH, AGANIS THE LAIRD OF CULTEMALINDIE, CONCERNING THE
WRANGIS DONE BE THE LAIRD AGANIS THE SAID ARTHOUR.
In the first, The said Arthour complenis upon the Laird of
Cultemalindie, that quhair he haveand commissioun of . . . to sett thre
zeirs takkis of the landis perteining to the Lordis of Noroway, and
kirklandis within the boundis of Zetland, and to ressave the males and
dewities thairoff indurand the saidis thre zeiris; nevertheless, the
said Laurence hes compellit the Comownis of Wawis to delyver to him the
wadmell of anno lx fyftein zeiris dewities of the saidis landis, quhilk
was inwith the saidis thre zeiris of the saidis Arthouris takkis, and
thairthrow hes violentlie ejected him fra his possessioun, nowther
schawand commission, powar, nor charge to do the same to the tennentis
nor compleinar foirsaid. Quhilk is cleirlie provin, that the Laird has
intromittit thairwith, as said is, be Christopheir Laurenceson,
lawrichtman, Johne Mudie, Andro Mudie, indwellaris in Wawiss, Williame
Phip, reidar at Wawiss, with the utheris parochinaris of Wawiss, befoir
mentionat.
Item, The said Arthour complenis upon the said Laird, that quhair he
send his officear, John Smyth, with the Underfowde of Dunrosness, callit
John Smyth, and allegeand Olaw Langescole to be awand him ane lesspund
of butter, for the quhilk he causit thame to tak away ane kow of the
said Arthouris: And efter the said Olaw Langescole past to the Laird,
and maid payment to him for the said lesspund of butter, and desyrit to
have had hame the kow to Arthour agane; quhilk the Laird refusit to
delyver, bot immediatlie gart slaa hir, and eit hir, becaus sche was
fat. This complaynt is provin to be of veritie be the said Johne Smyth,
underfowde of Dunrosness, Gilbert Coupland, Olaw in Langascole, John
Lestoun, with sundrie vthers of the parochin of Dunrosness.
Siclyk, The said Arthour complenis agains the said Laird, that quhair he
and his foirbeairs hes had the tak and rowme of the land lyand in the
parochin of Dunrosness, extending to xxxii merk land, with auchtein merk
land in Ayth, quhilk landis payit never gerssowme in na mannis tyme
befoir the Lairdis entress in the said cuntrie, and that be ressoun the
same was and is unit, and payit with the land males zeirlie;
nevertheless the said Laird hes comprysit the said Arthouris ky and oxin
to the avale of auchtein angel nobillis for sax zeiris wrangus gerssowme
thairoff, by and attour the zeirlie males and gerssowmis unit and annext
and payit togidder as said is, but any decreit of law, or consent of the
said Arthour had thairto, to his grit hurt and scayth. This complaynt
provin be Gilbert Coupland and John Smyth, underfowdis of Dunrosness,
James in Brek, and Matho Sutherland, with vther dyuers of the parochin
of Dunrosness.
Mairattour, the said Arthour complenis upon the said Laird; quhairas he
haiffand the heritable titill of the landis of Sanct Ninian’s Yle, lyand
within the parochin of Dunrosness, sett the samyn to his tennent,
Laurence Lesk, for males and dewtie paying usit and wount, the said
Laird, but ony titill or richt, send his clerk, Robert Zule, and John
Smyth, underfowde foirsaid, to the said Yle, quhair the said Laurence
dwellis, in this last symmer 1576, and thair compellit and perforce
causit him to pay to thame, in the said Lairdis name, the males and
dewities of the said Yle of the crop and zeir of God 1575 zeiris,
extending to fyve angell nobillis; and thairthrow spulzeit him of the
said males and dewities, aganis equitie and richt. It is provin be the
said Johne Smyth and Gilbert Coupland, underfowdis of Dunrosness, quha
was at the delyverance thairoff, and be the said Laurence Lesk, that
payit the same, and vtheris in the said parochin, dwelland thairabout,
that the Laird causit his clerk and underfowde intromitt with the same,
as said is.
Item, The said Arthour hes producit ane Bill of Complaynt, quhilk, as he
affermis, was presentit befoir to the Regentis Grace in Edinburgh,
aganis the said Laird, quhairof the tennor followis—
“MY LORD REGENT, Unto zour Grace maist humblie menis and complenis I
zour servitour, Arthour Sinclair of Ayth in Zetland, upon Laurence Bruce
in Cultemalindie, That quhair, in the month of Apryle last bypast, efter
I had remanit certaine space in thir partis of this realme, in doing my
lefull affairis and bussiness, I past hame to my native cuntrie,
beleveand na harme nor scayth to have bein done to me be ony persoun.
Nochttheless the said Laurence, upon the auchteint day of July next
thairefter, come, accompanit with ane grit number of armit men, to the
bankis of Scalloway, in Zetland, quhair I was for the tyme, on sett
purpoise to have invadit and pursewit me for my slauchter; and causit
sundrie of his servandis, to that effect, ly at wait for me in the hie
way; quhairoff I beand advertissit by sum of my awin fryndis, was
constranit, for feir of my lyff, to pass bak agane fra the schoir to ane
place four myle thairfra, callit Quhytness. And the said Laurence beand
certifeit thairoff, and findand him self disappoyntit of his first
wickit interpryiss, rageand in his malice, and thirstand for my blude,
come, accompanit as said is, to the dwelling houss of Magnus How,
underfowde of Quhytness, bodin in feir of weir, with pistollatis,
swourdis, daggis, and vtheris waponnis invasive; and thair serst and
soucht me at twelff houris in the nicht, for my slauchter; lyk as thai
had slane me indeid, giff I had chancit to have bein thair for the tyme:
Committand thairthrow maist crewale and manifest oppressioun, aganis all
law and order of justice, &c., as at mair lenth is contenit in the said
bill.”
Efter the production of the quhilk, the said Arthour, for probatioun of
the samyn, producit at Tingwall, the fourteenth day of February 1576,
the witnesses efter following—
And first, Andro Hawyk in Scatsta, of the age of xl zeiris or thairby,
unmareit, ressauit, sworne, and examinit upon the poyntis contenit in
the formar bill, anent the invading of Arthour Sinclair be the Laird of
Cultemalindie and his complices, deponis the first part of the bill to
be trew, _causam scientiæ reddens_, because the said deponar was present
the time contenit in the bill, in companie with the said Arthour, quhair
as he saw James Bruce, accompaniit with xi or xii men of the Lairdis
(him selff beand in Johne Umphrais houss at the bankis also), about
aucht or nyne houris affoir none; quhair Arthour Sinclair and his
cumpanie met with the Archden of Zetland, and James Hathrew, burges of
Edinburgh, quha bad the said Arthour eschew the Laird of Cultemalindie
and his cumpanie, or ellis thai wuld set upon him or his depairting
furth of Scalloway. Nevertheless Arthour passit forward; and James
Hathrew seand that James Bruce and the Lairdis servandis war cummand
forward upon Arthour, the said James Hathrew past to James Bruce, and
tuik ane grip of him be the hand, and stoppit him to gang fordwart. And
the deponar sayis, that ilk ane of them that was with James Bruce had
thair pistollatis in thair handis, reddie to schuit: And in the meyntyme
Arthour past by, and eschewit thame at that tyme in Scalloway. Depones,
_Plus nescit in causa, nisi ex relatione fidedignorum_.
William Sinclair, sone to umquhill Henrie Sinclair of Stroholme, of the
age of xviij zeiris or thairby, ressauit, sworne, and examinit, deponis
upon the first part of the complaynt within writtin, conforme to Andro
Hawyk _in omnibus, eandem causam scientiæ reddens_. Examinit upon the
second part, tuiching the Lairdis cumming to How in Quhytness, deponis,
that he was with Arthour that nicht in Stroholme, and hard tell the
maner how that the Laird and his servandis come to Magnus Howis houss,
under sylence of nicht, to seik Arthour. And deponis, how that thre of
the Lardis servandis come to Stroholme that same nicht, and enterit in
the hall thairoff, and sperit at the women servandis (efter that Arthour
and the deponar was past to thair bed togidder) quhair thai lay, quha
tauld that thai lay in the barne. And efter that thai sperit quhat syde
of the bed that Arthour lay on; and thair eftir departit and zeid thair
way; _et plus nescit in causa, nisi ex relatione fidedignorum_.
Henrie Halcro, officiar, indwellar in Scalloway, is conforme to Andro
Hawyk; and deponis mairattour, that he saw the number foirsaid of men
with James Bruce, and sum of thame puttand on thair knapscais, and
prepairand thame for tuilzie, quhen thai saw Arthour at the bankis of
Scalloway. And that the Laird in the meyntyme was in John Umphrais houss
thair, at the banx.
Malcolme Halcro in Walsettar, of the age of xxiij zeiris or thairby, ane
honest marreit man, ressauit, sworne, and examinit upon the first part
of the bill, deponis, that he saw the Laird of Cultemalindie, his
servandis and cumpanie, past to Scalloway to persew Arthour Sinclair.
Bot he hard the Archden of Zetland and utheris famous men say, had not
bein James Hathrew, thair had bein slauchter betwixt the Laird of
Cultemalindie and Arthour in Scalloway banx. And ferdar he knawis not of
the first part. Examinit upon the second pairt of the complaynt, he
deponis, that the Laird sowpit in Henrie Halcrois houss, and efter
suppar, his bed beand maid thair, and him selff reddie to have past to
the samyn, ane fallow, callit Meikle Johne, cuik to the Laird, come to
him affoir the dore, and said to him, Sir, ar ze passand to zour bed,
and Arthour Sinclair proposit to invade zou this nicht, quha will gar
zou walk quhen ze suld sleip; and is in Quhytness in reddines to cum
upone zou? Than the Laird answerit and said, Giff it be swa, I had
rather waikin him or he suld walkin me. And than incontinent the Laird,
James Bruce, Alexander Kinkayde, and vtheris his servandis, to the
number of ten or twelff men, beand enarmit presentlie with daggis,
swordis and culveringis, depairtit fra Henrie Halcrois houss, towart
Magnus Howis houss in Quhytness. And Arthour Sinclair not beand thair,
returnit agane, about the dawing of the day, to Henrie Halcrois houss,
to his bed. And he deponis, that the Lairds men enterit in Magnus Howis
houss, and licht candillis, quhilk he saw gangand in and out. And he
deponis, that he saw Magnus of How and his wyff, Gartro Paulis douchter,
cum furth sark allane, followand the Lairdis servandis, and telland
thame that Arthour was not thair.
Gartro Paulis douchter, Magnus in Howis wyff, of the age of lx zeiris
and mair, ane honest woman, ressauit, deponis conforme upon the secund
part of the complaynt to the deponar immediatlie above writtin. And
mairattour, that quhen sche come furth of her awin houss, followand the
Lairdis servandis, that was within hir house, seikand Arthour, that sche
saw the Laird him selff standand besyde the kaill zairde, and hard the
Lardis servandis say to the Laird, Arthour is not heir.
Nichole Magnassoun, ane husbandman of xl zeiries or thairby, ressauit,
sworne, and examinit, deponis, that he was passand to the see twa houris
affoir day. Quhair he met sax or seiven servandis of the Lairdis passand
to the foirsaid houss. It was sa mirk that he culd not ken the Laird be
ane vther man. Thairfoir he knawis not giff he was in that companie or
not. But quhen he come fra the see agane, the gud man of the houss and
the haill familie of Magnus of How tailed him that the Laird and his
serwandis had bein thair, seikand Arthour Sinclair.
Thomas Marteynsoun, ane youth of twentie zeiris of age, or thairby,
_solutim_, ressauit, sworne, and examinit, deponis, that he was lyand
sleipand in his awin bed in his awin houss, quhilk is ane part of the
lugeing of Magnus of How . . . . . . . . . . . . . . . . . to the houss
quhair . . . . and drawin swourdis in thair handis, and come till his
bedsyde and wakint him, and gart him ryss incontinent, and wuld not
suffer him put on his sark befoir he raiss, and said till him, Knave,
can thow not tell quhair Arthour Sinclair lyis? And he said, he saw him
not within ane twelfmonth bypast. And thai said agane, Knaiff, thow
knawis he come heir zistrein? He answerit, Be my pairt of hewen, I
nowther saw him nor hard him. And he affirmis, that incontinent thai
tuik Robert Petersoun, and gart him beir the candill aganis his will,
throw the haill lugeing, fra houss to houss, with drawin swourdis in
thair handis, and soucht Arthour Sinclair, and sperit ay efter him. Ane
of the mennis names that had the drawin swourdis, was callit Lang Johne,
the Lairdis cuik, and the vther man he kend not. Thay wald not lat him
gang furth with thame, thairfoir he saw not the Laird, nor rest of his
companie, except thir twa foirsaid.
Henrie Halcro in Southsetter, underfowde of Tingwale, ane mareit man of
xlviij zeiris of age or thairby, of gude fame, ressauit, sworne, and
examinit, deponis, that the Laird sowpit that nicht in his houss, and
depairtit fra the samyn. And is conforme to his broder, Malcolme Halcro,
to the Lairdis and his servandis passing our the dyk to the hill toward
Quhytness, and that he was in purpoiss to pass thair, to seik Arthour
Sinclair, to invade him with bodelie harme, _et cetera nescit nisi ex
relatione aliorum_, because he past not with him to Quhytness. Bot
knawis that the Laird and his companie returnit to his houss in the
morning, about day licht, quhair he sleipit ane whyle in the bed
preparit to him at his departing. Bot the Lairdis servandis tauld him
that the Laird and thai soucht Arthour in Quhytness that nicht, and gat
him not.
_Memorandum_, THAT ATTOUR AND BESYDE THE GENERALE AND PARTICULAR
COMPLAYNTIS GIFFIN UP BE THE COMOWNIS OF ZETLAND within specifeit to the
Commissionaris within expremit, CONTRAIR LAURENCE BRUCE OF
CULTEMALINDIE, quhais probatiounnes precedis, Zet thair remanis ane grit
number of PARTICULAR COMPLAYNTIS not contenit nor written in the process
of this buik, bot in the Particular Complayntis and Billis writtin and
giffin in be the particular persounnis complenaris thairintill contenit.
As sum complaintis and billis giffin in be the Yles of Unst, Zell,
agains Williame Sinclair of Underhoule, sone of umquhill Olaw Sinclair
of Avera. Sum complayntis and billis zet aganis the Laird of
Cultemalindie. Sum complayntis and billis aganis the Kirkmen of the
cuntrie. Sum aganis Harie Bruce and James Bruce. Sum aganis Robert
Sinclair of Ness, and mony uther complayntis of ciuile actiounis, throw
lack of executioun of justice: As at mair lenth is contenit in the
particular billis and wrytingis maid thairupoun, and giffin in to the
said Commissionaris, to be reportit be thame to the Regentis Grace and
Secreit Counsale, quhilk the saidis Commissionaris hes omittit out of
this buik, becaus thai . . . . . . by the parties compleinant.
Upone the twelff day of Februar, the zeir and place foirsaid, the haill
multitude and number of the Comownis of Unst war examinit, quhilk
complenit upone the said Williame Sinclair of Underhoule, compeirit
befoir Maister Williame Mudy of Brekness, and Williame Hendersoun,
Dingwall pursevant, commissionaris, etc., quhilk maid fayth all in ane
voce, and alswa severalie the halie evangelis tuichit, be thair grit
aythis, that thai feirit and dred bodelie harme to be done to thame be
the said Williame, in respect and contemplatioun of thair particular and
singular complayntis of oppressioun maid be thame to the said
Commissionaris agains him. And thairfoir desyrit the saidis
Commissionaris to causs the said Williame Sinclair find unto thame
cautioun of lawborroiss of bodelie harme, that thai micht be scaythless
and harmless at the handis of the said Williame, according to justice.
Upone the fyfteint day of the said month the Commissionaris foirsaidis,
in respect of the premissis, chargit the said Williame Sinclair,
personalie apprehendit within the Archeden of Zetlandis lugeing in
Tingwall, in presence of Barthole Strang of Voisstgairth, Mr. Williame
Lawder, Vicair of Zell, Andro Hawik of Scatstay, Johne Denone, Vicair of
Delting, &c., to find sowertie and lawborrois to the Parochinaris of
Unst above writtin in speciall and in generale nominat to the said
Williame, of bodelie harme; and that be ressoun thai had maid fayth, the
halie evangelis tuichit, that thai dreid him bodelie harme for the
caussis above specifiit. The quhilk to do the said Williame denyit and
refusit, and depairtit without lawborrois and sowertie fund be him to
thame than and sen syne. Lat the Regentis Grace and Lordis of Secreit
Counsale find remeid heirupoun, as thai think expedient.
It is to be callit to remembrance, that efter the Laird of Cultemalindie
last depairting out of Zetland, he causit Robert Zule, court clerk to
him, with certane vtheris his servandis as witnesses, to pass throw all
the Yles and parochins of the cuntrie, with ane testimoniale in wryt, of
what tennor and forme it is uncertane to the maist part of thame that
put thair markis thairto, becaus thai culd not reid nor wryt. Zet
notwithstanding, the said Robert Zule persuadit ane number of the
Comownis, ruid, rusticall, ignorant and barbar peple, partlie be feir
and minacing, partlie be ignorance, to subscrybe and put thair markis to
the said testimoniale. The quhilk doingis maid to the Commissionaris at
the tryale of the veritie of the oppressiounis and complayntis writtin
in this buik, grit impediment in the begynning, be ressoun that the said
personnis that subscribit and put thair markis to the said testimonial
for defence of the samyn, not only refusit to declare the veritie thame
selffis of the foirsaid complayntis and oppressiouns, bot alswa
corruptit the rest of thair nechtboris that thai suld not declair the
veritie, but rathir justifie that testimoniale with thaim.
The Commissionaris perseving and understanding the said impediment,
corruptioun, and seductioun, chargit all thais that had
subscreyvit and put thair mark to the said testimoniale, to
depairt asyde, and remove thame furth of the cumpanie and presence
of the remanent that had not subscreyvit and markit the said
testimoniale, quhill thai war all examinat that had not ado
thairwith.
And swa the remanent multitude beand finalie examinit, and the matter
thairoff brought to ane end, the Commissionaris causit call affoir thame
the personnis following, that had subscryvit or markit the said
testimoniale, and reid unto thame the generale and particular
depositiouns of the haill multitude preceding, examinit upon the
Generale and Particular Complayntis; and requyrit thame efter the
audience thairoff, quhidder thai wald stand to the commoun and generale
depositiounis and testificatiounis of the remanent multitude of the
cuntremen ressauit befoir the Commissionaris, or to the narrative
contenit in the foirsaid testimoniale be thame subscryvit and markit.
The names of the personnis that subscryvit and markit the said
testimoniale, that come affoir the said Commissionaris, Peter in Bega,
within the parochin of Zell, Edwarde of Odsta, Nichole Patersoun in
Crocebustar, and James Sutherland, underfowde of Fetlair, indwellaris of
Fetlair. Nichole Hardwell, and Nichole Johnsoun, in name of his fader
Johannes of Caldbak, and Thomas Urwing, indwellaris the parochin of
Delting, Walter Hill, for him selff, and in name of John Ferquhair,
indwellaris in Unst, Christopheir Laurenceson, lawrichtman, indwellar in
the parochin of Wais, Johne of Murray, underfowde of Sandsting and
Aythsting, for him selff, and in name of his gudefather, Turberie
Steinzdaill, Patrik in Collafirth, Magnus in Sillivo, and Johne in
Sillivo, indwellaris in the parochin Sandsting and Aythsting, Johne
Smyth and Gilbert Coupland, underfowdis of Dunrosness, for thame
selffis, and in name and behalff of Williame of Flattabustar, and
Nichole . . of Aythsetter, Hendrie Halcro, underfowde of Tingwall, for
him selff, and in name and behalff of his gudefather, Thomas Johnsoun in
Laxfurde, and Jacob Tait indwellaris in Tingwall parochin, James
Sinclair in Northbustar, Erasmus Johnsoun in Papill, Henrie Tailzar and
Magnus in Brek, indwellars in Burray, quhilks . . requyrit in maner
foirsaid eftir thair knawlege of . . . . foirsaid, and of the veritie
thairoff . . . . . exceptioun or excusatione . . . . . thingis contenit
in the foirsaid testimoniale . . . . . dissonant and . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. the depositiouns of the remanent multitude of the Comownis
pre-examinit upoun the Generale and Particular Complayntis, and ratifiit
and approvit the said depositiouns to be of veritie. And protestit that
thair subscriptioun and marking of the foirsaid testimoniale suld not be
hurtfull, nocive, nor prejudiciall to thame, in case that the said
testimoniale suld appeir to be contrair the foirsaid depositioun, in
respect that thai, or the maist part of thame, war ignorant and
unleterit, and culd nowther wryt nor reid. And utheris had na mark bot
sic as Robert Zule maid of new in their names, and was all persuadit be
compulsioun and feir, out of ane lawting and comown assemblie of the
haill cuntrie, as thai depone suld have bein in sic casis, bot done
pryvatlie be pryvat persounnis in pryvat places, unsworne, to declair
the veritie, bot as it war _rogatus rogo_.