beine in tymes bygane, lyk as thai ar instantly, grevuslye rubbit,
oppressit, and spoliat of thair gudis and substance, be sic men as hes
borne and beiris authoritie and offices above thame, sic as
chalmerlanis, fowdis, underfowdis, officiaris and utheris, prevat
personis, bangstaris, pairtlie throw wrangus meit, messur, and handling
of thair dewities in the ressait thairof, pairtlie be wrangus and
negligent ministratioun of justice, and pairtlie be wanting of lauful
Lawrichtmen and Lawmen, quhilk the said cuntrie was wount to haiff, and
hes never gottin na relief thairoff, bot at sic tymes as the supreme
authoritie sendis Commissionaris to the said cuntrie, to tak tryall of
thair estaitt and conditioun for the tyme, quhilk thing thay lament hes
bein ouer lang betuix. Secundly, becaus the inhabitantis foirsaid are
puir men, and may not thairfoir, throw laik of expenss, travell to the
far pairtis of the realm of Scotland, quhar the courtis existis, to
lament thair oppressiouns and injuris, the distance of the way being so
remote and far of the sey. Thairfoir it is desyrit be thame that the
Regentis Grace and the Nobilitie may mak ane publick and perpetual
ordinance amang the actis of Parliament, that ewerie fourth or fyft
zeir, giff neid beis, . . . . . . . . . and send to Zetland affoir the
. . . . . and conditioun of the inhabitaris thairof . . . . . offensis
done to thaim . . . . and servandis beirand care and charge over thame,
and utheris privat persounis, cuntriemen and strangearis, sic as
Duchemen and Inglismen resorting and frequentyng in the said cuntrie,
zeirlie giffand and committand power to the saidis Commissionaris to
depois, destitute, and depryve all sic officiars beirand rule above
thame fra thair chargeis and offices, as sall be fund culpable, and
gilteous in the premissis, and throw thair demeritis sall be fund
worthie of deprevatioun and destitutioun of thair offices, quhatsomever
estait, conditioun, or degrie that thay be of, with satisfactioun to the
opprest: and to creat of new, and input in thair plaiceis sufficient men
of knawledge, godlie of conversatiounis and lyff, freyndis to the
cuntrie men, makyng confidence within the cuntrie; quhomto the opprest
as oft as necessitie requyris, may haif recourss for impetratioun of
justice. This the foirsaid haill inhabitaris of Zetland desyris the
Regentis Grace and the foirsaid Nobilitie, to perform for Goddis saik,
and the zeil thai beir to justice, according to the dewitie of thair
commissioun under God.
Maister WILLIAM MUDY of
Brekness, Commissionare to
the process within written,
with my hand.
WILLIAME HENDERSONE, Dingwal
Pursewant, Commissionar to
the process foresaid, with
my hand.
The Copie of THE COMPLAYNT quhilk was givin in befoir THE REGENTIS
Grace, be ARTHOUR SINCLAIR of Ayth, contrair the Laird of
Cultemalindie.
“MY LORD REGENT. Unto your Grace and Lordis of Secreit Counsale, humlie
meins and lamentablie schewis I zour servitour, Arthour Sinclair of
Ayth, for myself, and in nam and behalf of the remanent Gentilmen and
Commonis and Inhabitantis of Zetland, That quhair that efter the cuming
of Lord Robert Stewart, feware of Orkney and Zetland, to the dominioun
of the saidis cuntreis, Laurence Bruce of Colpmalindy obtenit of him the
office of Fowdrie of Zetland. And schortlie efter the said Laurence
enterit to the possession of the said office, he himself, his servandis
and complices in his name, of his causing, vsit sic divers wrangis and
extortionis upoun us, contrair the lawis and auld custume of the said
cuntrie; and specialie, it was the auld use and custume of Zetland,
observit in all tymes bygane, that thair was ane discreit man of ilk
parroche, by the rest, callit the Lawrichtman, quha meisourit our
dewitie, callit Wadmaill, and weyit our dewitie of butter. And now the
said Laurence hes causit ane of his awin chesing to do the same,
contrair our lawis, to our grite hurt, in samekill that the said
Laurence hes continewalie, sen his entrie thairto in the month of May or
thairby, the zeir of God I^M V^c lxxi zeiris, uptaking land maill and
dewitie, callit Wadmaill, with ane wrang messour, swa that for ilk thre
scoir Cuttell quhilk we aucht to haif pait, he hes compellit us to pay
four scoir cuttell wadmaill, and swa hes augmentit us the fourt part of
our dewitie.
“Secundlie, The said Laurence hes compellit us to pay the dewitie of our
butter, on his wecht callit the Bismar for ilk tuelff lespound butter
quilk was pait of auld, fyvetene lespund, swa that we are compellit to
pay the fyvt part of our dewitie of butter mair nor ever was pait of
befoir.
“Thirdlie, The said Laurence hes, sen his entrie foirsaid, compellit us
to pay our restis and dettis, and deliver him siluer zoupindaillis for
twa gudlingis, quhair as the same hes common courss in tymes by gane,
and was ressauit for thre gudlingis be all fouldis preceding this twa
hundreth zeiris bygane.
“Fourtlie, The said Laurence hes compellit the Duchemen and otheris
strangearis resortand to the cuntrie of Zetland, be quhome the haill
trafique of the said cuntrie consistis, to pay him alsmikle dewitie, be
way of brybrie and extraordinar impostis, as they wer wont to pay of
befoir to our Souerane Lord and his Fowldis, for his Hienes toll and
custume. Quhairthrow the said straingearis qua furnissit us all
victuallis, clayth, irne, hemp and vtheris necessars, are appeirand to
absteine fra trafique in our said cuntrie, lyik as the principall men of
thame hes els done, and that for the oppressioun committit upoun thame,
to our grite scayth, without remeid be maid in tyme:
“Fyiftlie, In his accustomed maner, efter his arryvaill in Zetland, with
fyfteine or sexteine armit men, cummis to the housses of us the
Inhabitantis of the said cuntrie, and remanis thairintill quhill our
victualis and provisiounis be speindit, compelling us to furneis him and
his company, for feir of grittar oppressiouns; and swa depairtis but
paiment of any expenssis and chargis maid be him and his dependaris to
us or ony of us, and that in maner of sorning and skafrie, to our wrak
and heirschip, we beand for the maist pairt all lawbouraris and
fischaris.
“Sextlie, The said Laurence, contrair the custume of our said cuntrie,
and lawis of this realme, hes at all tymes sen his entrie, causit
courtis to be fencit and haldin within the feriat and cloiss tyme of
hervist and vacance, for his particular profit: quhairthrow we micht not
wait upoun our hervist, for winning of our cornis, hay, and uther
necessaris to sustene us in tyme of winter: and lyikwyiss causit diverss
of his servandis and suddartis, quhilk ar not native nor indwelland men
of our cuntrie, to pass upon our assysses and inqueistis, contrair our
lawis and custumes, perverting thairthrow our haill lawis to his
particular comoditie.
“Sevintlie, The said Laurence, under pretence and cullour of
nechtbourheid, quhair the use was that the haill parrochine, callit ane
Skattell, pait for the unlaw of swyne worting, callit Swyne Rutting, xl
s., he hes compellit ilk man in the parrochine to pay to him thairfoir
thre zoupindaillis throw the haill Mayanland, quilk extendit in ane zeir
in the Mayinland by the Yles to thre hundreth zoupindaillis, to our
utter hership and wraik.
“Auchtlie, The said Laurence contenand in his oppressioun, quhair as be
the auld custume of our saidis cuntrie, that for breking of
nechtborheid, the haill parrochine, callit the Skattell, payit fyve
gudlingis, now he compellit ilk man in the parrochine to pay for the
said unlaw fyve gudlingis, quhilk will extend to grite sowmes, to the
grite hurt of us the inhabitantis of the cuntrie.
“Last of all, the said Laurence hes continewallie sen his entrie in our
said cuntrie, zeirlie and ilk zeir, usit to tak up dittayis, usit
justice courtis, callit be us Grandraffis, quhilk was never usit of
befoir bot ilk sevin zeir, thairthrow oppressing us with all kynde of
tirrannie and wrang, and compelling us to gif and deliver to him our
guidis and substance in grite quantitie, in sic sort that we ar
altogidder put to grite povertie and herschip, swa that thair is na
natioun under gritter slavrie and oppressioun be the meins foirsaidis
nor we ar, and will be compellit to leif our cuntrie desolat of the
pepill and lawbouraris, to seik our habitatioun in sum framit natioun,
without your Grace and Lordschips provyde sum haisty remeid.
“And we havand given in thir our poyntis of oppressioun and divers
utheris to our Maister, Lord Robert Stewart, and the same being provin
be us, the said Lord, of conscience, gaif the said Laurence vii^{ct}
merkis for his twa zeiris tak of the said fowdrie, to relief us of his
tiranny, quhilk was in anno lxxi zeiris.
“Beseikand heirfoir your Grace and Lordschips, for the reward of God, to
haif consideratioun of the premisses, and seeing we ar altogidder
depauperat, and hes not to susteine our expens to cum heirto to
complaine, that your Grace and Lordschips will tak sic order heiranent
that we may heirefter be relevit of sik tirranny and oppressioun, and
may dwall under the obedience of our Soverane Lord, as our predecessour
hes done in tyme bypast, conforme to the custume of our said cuntrie,
and lawis of this realme.
“According to equitie and justice: And your Graces and Lordschips
answer humlie we beseik.”
The Copie of THE KINGIS MAJESTIES COMMISSIOUN direct to MR. WILLIAME
MUDY of Breknes, and WILLIAME HENDERSON, Dingwall Pursevant, to takk
tryale of enormiteis of Zetland.
“JAMES, be the grace of God, King of Scottis, to all and sundrie our
liegis and subdittis quhais knawlege thir our letteris sal cum, greting:
Forsamekill as We and our richt traist cousing JAMES ERLE OF MORTOUN,
Lord Dalkeith, Regent to ws, our realme and liegis, are informed of mony
hich attemptis, inordinat oppressiounis, and new exactionis dalie
committit upoun our peicabill and obedient subiectis, the Inhabitantis
of our cuntrie of Zetland, Quhilkis dwelling sa far distant frome our
residence and seit of iustice, can not alwyiss compeir and haif access
and mak thair Complaintis, nether can the treuth of the same Complayntis
be tryit in the south pairtis of our realme, without putting of a grite
number of our subiectis, inhabitantis of the said cuntrie that
necessarlie requiris to be inquirit and examinat, to greit and havie
travaill and expenss: For relief quhairoff and ease of our saidis
subiectis, wit ze Ws, with avise of our said Regent, to have gevin,
grantit, and committit, and be thir our letteris gevis, grantis, and
committis to our weilbelovittis, MAISTER WILLIAME MUDY of Breknes, and
WILLIAME HENDERSOUN, Dingwall pursevant, coniunctlie, our full power,
expres bidding and command, to repair in the said cuntrie of Zetland,
and thair in our name and auctoritie, to inquire and try the trewth of
the saidis Complayntis of the inhabitantis maid to us and our said
Regent, or to be presentit to our saidis Commissionaris, at thair
passing in the said cuntrie, in form of dittay, or be examinatioun of
credibill and honest witnesses, quhais names salbe gevin in bill, and to
that effect be thair awin precept to summound sik personis as thai sall
think expedient, to compeir befoir thame, alsweil to gif up thair
complaintis and dittay, as to declair the trewth in sic thingis as salbe
inquirit of thame, at thair cuming, ilk persoun under the pains of ten
punds money, the personis . . . pursewand the unlaw for the said
persoun, and for the same . . . to poind and to distrenzie, and that
thai report thair full findingis in the saidis matteris with all speid
and diligence to our said Regent, to the effect that reformation may be
givin to the saidis enormiteis, to the ease and satisfactioun of the
saidis Compleineris, and weill and quietnes of our said cuntrie in tyme
cuming. Quhairfoir we command and charge the said Mr. William Mudy and
Williame Hendersoun, that thai accept this our commissioun in and upon
thame, incontinent efter the presenting of the same to thame, and that
indelatlie, and with all possibill expeditioun thairefter proceid to the
executioun thairof, efter the forme and tennor of the same, alswell in
taking of the said executioun and tryall, as in reporting of that quhilk
thei sall try and find out, as thei and ether of thame will answer to
ws, vpoun thair obedience, at thair vttermaist charge and apparrell, and
under all hiast pane, charge, and offence that thai may commit and inrin
aganis our Maiestie in that behalf. Given under our Signet, and
subscrivit be our said Cousing and Regent: At Dalkeith, the ix day of
November, and of our regnne the Tent zeir 1576.”
The Copie of the REGENTIS GRACE LETTER send to MR. WILLIAME MUDY and
WILLIAME HENDERSON to the effect within contenit—
“TRAIST FREINDIS.
“For the furthering of Justice, and halding in of the
trauaill and expensses of the subjectis of that cuntrie, quhilkis ar
requirit to be examinat vpoun the declaratioun of the attemptatis and
disorderis committit thair, We have grantit and maid commissioun to zow,
to inquire and try the treuth of the Complaintis of the inhabitantis
maid to Ws, quhilk commissioun tending to sa guide and necessar a
purpoiss, We desyre you to accept in and upon you, and according
thairto, with all diligence pas to the executioun thairof, efter the
forme and tennor of the saime, alsweill tuiching the tryall of the
attemptatis and disordaris, as reporting of that quhilk ye sall try and
find out to Ws, that we may caus ordour may be put to the same, to the
ease and satisfactioun of the . . . and quietnes of that cuntrie. Als ze
. . . and us verray acceptabill . . . the ix day of” . . . . . . . . .
. . . . . . . . .
(_The last two lines of this page are much worn, and the latter words
illegible._)
THE COMMISSION
BY KING JAMES THE SIXTH
TO THE CHANCELLOR AND OTHERS,
TO TRY
LORD ROBERT STUART
FOR OPPRESSION.
M.D.LXXXVII.
THE COMMISSION BY KING JAMES THE SIXTH TO THE CHANCELLOR AND OTHERS, TO
TRY LORD ROBERT STUART FOR OPPRESSION. 1587.
The first Commissione derect to the Chanseler, the Justeis Clark, and
Sir Patrick Ballentyne.
“JAMES, be the grace of God, King of Scottis, To our trustie and
weilbelouit Counsallouris, S^r Johne Maitlande of Thirlstane Kny^t, o^r
Chancellar, and S^r Lues Bellenden of Auchnoule Kny^t, Clerk of o^r
Justiciarie, Oure Sheriffs and Justices of Orknay and Zetland, and your
deputtis, and To o^r louittis messengeris o^r Sheriffis in that
pairt, coniunctlie and seuerallie, speciallie constitute, greting,
Forsamekill as it is humlie menit and lamentablie complenit to us be our
louittis Magnus Irwing and Gilbert Irwing, lauchful sones and aires of
umq^{le} James Irving of Saba, in Orknay, upone our cousing LORD ROBERT
STEWART, lait Erle of Orknay, That quhar thar said umq^{le} father,
(LAWMAN OF ORKNAY for the tyme) and his predecessors hes bruikit and
joisit peciablie the saids landis of Saba, extending to nyne penyland,
liand in the parochin of Sanct Androis, w^tin o^r Sherefdome and
Maneland of Orknay, as thair proper heritage, bruikit and possessit be
thame and thair predecessors but impediment thir sevinscoir yeiris w^t
the mair bigane, Quhill that laitlie within thir sex yeiris, or thairby,
the said Lord Robert wranguslie and masterfullie reft fra the saids
complenaris thair saidis proper landis and heritage, and hes intrusit
himselff maist iniustlie in posessioun of the samyn, but ony ordour of
law, bot be sic tyrannie and oppressioun as he comounlie uses w^tin the
said cuntrie. Lyk as he hes reft and spulzeit diuerss of the wthallmen
and heretors of the said cuntrie of Orknay and Zetland of thair proper
heritaige, and hes appropriat the samyn to himselff, being baith Juge
and pairtie, be manifest oppressioun and tyrrannie. And sicklyk the said
Lord Robert be the meanis forsaidis hes eiected the said Gilbert furthe
of his thrie halfpennyland of Horrie, lyand w^tin the said parochin, and
pertening to him in heritaige, and hes maist wranguslie intrusit himself
and William Irwing his tennent in his name in possessioun of the saids
landis of Saba and Horrie, Quha hes maist iniustlie occupeit and uptakin
the haill proffittis thairof continuallie sen the saids complenaris
eiection y^rfra. And alsua the said Lord Robert hes wranguslie eiectit
the said Gilbert furthe of his mark and halfmarkland, liand in Dedall,
pertening alsua to him in heritaige; as alsua the said Lord Robert hes
maist wranguslie and violentlie eiectit and output the said Gilbert fra
his possessioun of three penyland in Breks, thrie halfpeny land in
Midhous, thrie penyland in Hortisso, and thrie halfpeny land in
Ochilsat^r, extending altogidder to nyne penyland, lyand in the
parochynis of Deirnes and Holme, o^r Sh^reffdome and mainland of Orknay,
Quhairof he and his predecessors war in peciabill possessioun thir mony
yeiris, and hes takis to rin as yit of the samyn. And as yit the said
Lord Robert wranguslie reteins, bruiks, and w^thaldis the saids
compleinaris proper landis, heritaige, takis, rowmes and possessiouns
respective abovewrittin, and hes maist wranguslie and tyrranouslie
demolischit and cassin down thair haill housses and biggings being
thairupoun, extending to auchtene housses, and hes alsua wranguslie,
violentlie and m^rfully spulzeit and away takin the saids complenaris
haill insicht plenissing and gudis being w^tin the saids housses, the
damaige and skaith sustenit be the saids complenaris in casting down of
the saids housses and spoliatioun of thair insicht and gudis being
thairintill estimat to fyve hundrethe markis. And sicklyk the said Lord
Robert and James Stewart, his son naturall, at his comand, be the space
of twelff yeiris sensyne or thairby wranguslie spulzeit, and away tuik
fra the said Gilbert Irwing furthe of his hous in Saba aucht barrellis
ulie, price of the barrell xiii ℔ vi s. and viii d., than pertening to
the said Gilbert as his awin proper guidis and geir, and being than in
his possessioun. And alsua the said Lord Robert restis awand to the said
Gilbert the sowme of sevinscoir ten pundis as for the fraucht of ane
thowsand daillis brocht be him furthe of Norroway to Orknay, and
intromittit w^t be the said Lord Robert be the space of thrie yeiris
sensyne, and he promisit to haue maid the said Gilbert payment of the
said fraucht: And becaus ye saids complenaris socht redress of the
wrangis and oppressiones above vritten done to thame be the said Lord
Robert at his awin hand, being baith Juge and pairtie, quha refusit to
do thame ony reasoune theirfore; And in respect thai are drevin to
extreme povertie, and hawing na uther refuge under God but to complene
to us, the said Lord Robert suspecting the same, and that uther puir
pepill that be havellie oppressit be his tyrranie in lykmaner wald
complene to us thairupon, he thairfore hes cloisit all the ferries and
passages, that nane of the said cuntrie may have access to us for that
effect; and alsua threttynit to tak and hang the saids complenaris,
becaus thai said that they wald complene to us. And the said Lord
Robert, at the depairting of the said Gilbert, hes wranguslie and
wiolentlie spulzeit, reft, and away takin his haill insicht guds,
plenissing, cornes and cattell, and hes put his wyff and aucht bairnes
to beggarie: and he for saifftie of his awin lyff wes compellit in this
instant moneth of December to tak the stormie and tempesteous seyis of
Orknay and Pentland Firthe in ane small fischer boit, and be Godis
prouidence, hes cumit heir to mak his said grievous complaint to us, lyk
as mony utheris in that cuntrie wald doe in cais they mycht have access
to us to that effect as is allegit. OURE WILL IS HEIRFORE, and we
chairge you, our Shereffis and Iustices forsaidis, and your deputtis
and commandis, that incontinent thir o^r l^{rs} sene ye pas, and
in oure name and aut^{tie} call baith the saidis pairties befoir yow,
and tak cognitioun upoune the saids actionis of eiectioun, spoliatioun,
dettis, and wrangous intromissiouns with the saids complenaris landis
and gudis above specefeit, as they sall libell, and gif the premissis
sal be fund to be of veritie, That ye enter and repossess the saids
complen^{ris} agane to thair saids properties, heritaiges, takis and
possessiouns above vrettin, keip and defend thame tharintill, and in
peciabill possessioun thairof, ay and quhill they be lauchfullie callit
and ordourlie put thairfra be the law, And that ye remowe, eiect, and
output the p^{nt} possessors and occupiaris of the samyn thairfra, wnder
the paine of rebellioun and putting of yow to o^r horne, w^t
certificatioun and ye failzie o^r signittis letres sal be direct
simpliciter to put yow thairto, and that ye preceid and do iustice
thairupone according to the lawis, admittand to baith the saidis parteis
thair just and lauchfull defenssis. Attoure that ye, oure officiaris of
armis, pas and in our name and aut^{tie} comand and chairge the saids
Lord Robert, James Stewart of Gramesay, his sone, and thair complices,
To find sufficient cautioun and sourtie to the saidis complenaris, That
thai, thair wyffis, bairnis, seruands, lands, heritaiges, stedings,
cornes, cattell and guds, sal be harmeless and skaithless of the saidis
Lord Robert, his sone, thair complices, and all that thai may lat in tym
cuming, Under the paine of twa thowsand punds, and that ye chairge thame
heirto personallie gif they can be apprehendit, and failzeing thairof be
oppin proclamatioun at the mercat croce of o^r burghe of Kirkwall, To
cum and find the said sourtie to yow w^tin sex dayis nixt efter they be
chairgit be yow thairto, Wnder the pane of rebellioun and putting of
thame to o^r horne. And gif thai failzie thairintill, the saids sex
dayis being bipast, That ye incontinent thairefter denunce the
dissobeyaris or rebellis, and put thame to o^r horne and escheit, and
inbring all thair moveabill gudis to our use, for thair contemptioun.
And als that ye comand and chairge our saids Shereffis and Justices, and
thair deputtis, to proceid and do sumar Justice to the saids
complen^{ris} againes the said Lord Robert and his complices upone the
actiouns of spoliatioun, eiectioun, dettis and wrangus intromissioun
above specefeit, as accordis to iustice, as thai will ansuer to us upon
thair obedience according to Justice. The q^{lk} to do we commit to you
coniuctlie and seuerallie o^r full power, Be thir our l^{ris},
deliuering thame be yow deulie execut and indorsit againe to the beirar.
Gewin under our signet, At Dalkeith the xvi day of December, and of our
Reigne the twentie ane zeir 1587.
“_Ex deliberatione Dominorum Secreti Concilii._
“ANDRO ELLEIS, _Sec._”
A SUPPLICATION TO PARLIAMENT
BY
LAWRENCE BRUCE AND OTHERS
AGAINST
PATRICK EARL OF ORKNEY.
M.D.XCII.
A SUPPLICATIOUN TO THE PARLIAMENT BE THE GENTILLMEN OF ORKNAY AND
ZETLAND.