THE COMPLAYNTIS OF THE COMMOWNIS AND INHABITANTIS OF ZETLAND AND PROBATIOUNIS LED THAIRUPOUN. FEBRUARY M.D.LXXVI. (continued 2)

Item, Christopheir Johnsoun beand giffin up in ane Granderie in Northmaven, for the allegeit uptaking of ane pece see-drewin tre, he beand than, at the upgiffin thairoff, dwelland in Delting, ane vther parochin: For the quhilk causs it was referred to the Court haldin in Delting be the Laird. And at the Lairdis cumming thair, the said Christopheir beand callit thairfoir in Court, was decernit to quyt him thairoff with the Lawricht ayth. The maner quhairoff is, the sheriff sall 70chois ane honest nichtbour that knawis his lyff, and him selff ane vther to stand on ilk hand of him; and first, he sall quyt him selff be his ayth, and than the vther twa ar requyrit giff thai will sweir that it is ane trew ayth that he has maid: Giff thai afferme it trew, than is he quyt. Bot giff thai or any of thame refuiss, than of the law for samonie as refusis him, he man pay ane merk Zetland payment, quhilk is the third part of ane dolour. And becaus this Christopheir was furth of his awin parochin, quhair the allegeit deid was done, and culd get na acquittance in the parochin quhair he thair dwelt, desyrit to be refferrit hame to Northmaven quhair he dwelt of befoir, to the quhilk the Laird wuld not condescend. And giff he had failzit acquittance, and had had na excuiss thairfoir, zet he suld have payit na mair bot twa gudlingis of the law, quhilk at the hieast is xvi s. Scottis. Bot the Laird by all ordor of justice, compellit him to pay sax dolouris thairfoir. And this provin be the nichtbouris foirsaid of Delting.

Item, Olaw in Yllisburgh, being on the sei in his boit, fand ane fische callit ane Homeir, quhilk he drew to the land upon his awin heritable grund, and tuik furth the liver thairoff, and made it in ulie, for the fische thairoff ganis for naething. The Laird gettand wit thairoff, he callit him in the Court thairoff in Nesting, in this present zeir of [God] 1576 zeiris, and layde him to the law thair; and siclyk at ane vther Court thairefter, haldin in Nesting; and in bayth the Courtis he was decernit free, and nathing dempt to the Laird thairfoir, as thai that sat upon the assyiss declarit. Zet nevertheless the Laird causit his officiar, James Espline, to poynd sewin ky of the said Olawis thairfoir, and for releiff of thame, he was constreinit to giff to the Laird four angell nobillis, or ellis to have wantit his ky. This provin be the haill number of the thre parochinis foirsaid.

Item, Nicholaus Johnsoun beand upon the assyiss in ane Court haldin at Sandness this last zeir efter Lammess, said to Harie Bruce, that quhen he votit 71upon 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 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 72meit, 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 73thairefter 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, . . . . . . . . . . . . . . . . . .

74

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 75was 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 76be 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.”

77Efter 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 78to 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 79number 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 80quhair . . . . 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.

81Memorandum, 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 82bodelie 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 83corruptit 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 84of 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.

Item, fynalye, becaus the hail Comownis and Inhabitantis of Zetland hes 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 85thairoff, 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.

86The 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.

87“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 88men 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 89Lord, 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.”

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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 91as 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, 92and 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.)

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