The Last Article of the Generale Complayntisgiffen in befoir the Regentis Grace, and Lordis of the Secreit Counsale, be Arthour Sinclair of Ayth, aganisLaurence Bruceof 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 crymescommittit 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 ressounthe 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, aganisLaurence Bruceof 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 haillbutter 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 (exceptthis 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 handisof 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 dolourisand 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.
Northmaven concerning this Article, deponis, That the Laird causit ane 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 themorning 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 dewitiepaying, 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 custometo 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 Compleintisfollowis, 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 ofwinter, 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 sellingdeirar 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 sallchois 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 votitupon 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.
Item, It is hevelie lamentit and complenit be Magnus Leslie of Ayth, 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 ImVctlx 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 hismeit, 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 zeiristhairefter 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.
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