Chapter VI: Introduction (4)
Thay all affirmis and aggreis anent the bismeyre and the ressait of the buttir, and vpon the zeiris, conforme to the formar deponaris, wyth this aditioune of the parochinaris of Burray, Quharff, and Goldberwyk, quha affermit, that the man that weyit thair buttir durst do na vyther wayis for feir of the Laird, because he stude besyde him all the tyme of the weying: And wyth this additioune of the grittest nummer of the parochinaris of Scatstay and Delting, quha deponit, that thai gat nathing doune of the wrang wechtis the last zeir: And wyth this additioune of the haill parochinaris of Northmaven aboue specifeit, quha declarit, that Dauid Tulloch, thair Laurichtman, broucht his bismeyre wyth him to the Duchemennis buyt at Gluss, till haue weyit the buttir thairupoune to the Laird, according to the dewitie of his office, bot the Laird wald not suffer him to do the saimen; and he said to the Laird, It was ewill done that he wald not lat him wie the Commownis buttir with the just bismeyre quhilk he had broucht with him thair, and said it was not aneuche that he suld oppress the Commownis with ane wrangus bismeyre; and because he spak tha wourdis to the Laird for the rycht in favour of the Commownis, or ever the Laird wald luik on him with patience, he gart him pay to him for the said speiche fyve dolouris: And wyth this additioune of Magnus Reid of Ayth, quha producit in presence of the Commissionaris and the haill Commownis of Sandsting, Aythsting, and Dunrostness, ane letter under the commown seale of Zetland, of the electioune of Nichole Ayth of that ilk, fader to the said Magnus, to the office of Lawman-generale of all Zetland, quhilk is of the dait, In the Ting holm of Tingwale, the xxvij day of July, in the zeir of God J^m V^c xxxij zeires, togidder with ane bismeyre, quhilk the said Lawman keipit and observit as ane just bismeyre all his dayis. Lykas the said Magnus his sone, affermit, that he had keipit it sen his said faderis deceiss, and was repute and haldin as ane just and attentik wechte, and for verificatioune thairoff, the Fowdis merk and Lawmannis merk war ingravit in the same; quhilk bismeyre beand conferrit with the Lairdis bismeyre, quhilk he hes usit commounlie sen his entress, the foirsaid Lardis bismeyre transcendis and surmontis the said Lawmannis laufull bismeyre vpon the lespund wecht, aucht merkis mair nor just, quhilk extendis to the third pairt of ane lespund, swa that the Laird hes of the Commownis be hes bismeyre, of everie thre lespundis he ressavis, he hes the fourt lespund attour the just wecht wranguslie; and this was verifiit be the haill twa parochinaris aboue mentionat, befoir the saidis Commissionaris.
THE THRID ARTICLE OF THE GENERALE COMPLAYNTIS, giffen in befoir the
Regentis Grace and Lordis of Secreit Counsale, be Arthour Sinclair
of Ayth, as eftir followis—
Thridlie, The said Laurence hes, sen hes entrie foirsaid, compellit ws to pay our restis and dettis, and to delyuer to him silver zopindales for twa gulliounis, quhair as the samyn hes commoune courss in tymes bygane, and was ressauit for thre gudlingis be all Fowdis preceiding this tua hundreth zeiris bygane.
The haill Inhabitantis of Zetland befoir mentionat, sworne and
examinit befoir the saidis Commissionaris, dayis, zeir, and place
respective, foirsaid, vpon this Thrid Article, deponis as
followis—
Thay all in ane voce deponis, that the Laird of Cultemalindie tuik the zopindale fra thame in payment of ony rest of dettis that thay war awand to him, for twa gudlingis allanerlie, quhair as of befoir, it was ay tane for thre gudlingis; and as zit the Duchemen will not giff ane zopindaill bot for thre gudlingis wourth of wairis, and thay ar compellit to giff it to him for twa gudlingis, swa hes rasit up vpon thame the thrid mair of all detties and dewities quhilk thai haue not in wairis, ffor the quhilk thay man pay monie, quhilk is the occasioune that bayth kirkmen, merchandis, and vtheris traffeicand in the cuntrie, will ressave the said zopindaillis and vther monie in na vther maner nor the Laird ressaveis the samen; as alswa, the angell nobill, quhilk was wount to be allowit in thair dettis for sax gudlingis, is now ressauit fra thame for fyue gudlingis, quhairby thai ar gritlie opprest be the Laird continualie sen his entres to the office. And als it is deponit be the Inhabitaris of the North Yles of Zetland, viz.—of the Yles of Zell, Fetlar, and Vnst, that [the] Laird tuik the zopindale fra the Duchemen, quhilk lay within thair Yles, for tua gudlingis, and quhat wairis he tuik fra thame againe, he compellit thame to tak the zopindale, in payment thairoff, for thre gudlingis. And als it is deponit be the men of Northmaven, that the Laird compellit all thame that wantit zopindales or angel nobillis to pay thair restis with, to pay for ilk gudling xxiiij s. Scottis, swa that for the dolour st. that suld haue bein thre gudlingis, to thame allowit in dettis to thame be him bot for tua gudlingis, thai payit xxxvj s. Scottis. And affoir his entres, the gullioune was nevir bot vj s. Scottis, swa that, quhair in tymes bypast the pryce of tua gudlingis was bot xij s. Scottis (to the quhilk pryce of tua gudlingis the Laird hes put the haill dolour to quhair he ressaues monie fra thame), notwithstanding, quhair thai uant the dolour, he compellis thame to pay thairfoir xxxvj s. Scottis, quhilk is thryss als mekle as thai war wount to pay of befoir.
THE FERD ARTICLE OF THE GENERALE COMPLAYNTIS, giffen in befoir the
Regentis Grace and Lordis of Secreit Counsale, by Arthour Sinclair
of Ayth, as eftir followis—
Ferdlie, the said Laurence hes compellit the Duchemen and vther strangeairs resortand to the cuntrie of Zetland, be quham the haill traffeck of the said cuntrie consistis, to pay him als meikle dewtie be way of brybrie and extrordinar impostis, as thay war wount to pay of befoir to our souerane Lord and his Fowdis for his Hieness toll and custome; quhairthrow the saidis strangearis, quha furnist ws all victuales, clayth, yrne, hemp, and vther necessaris, ar appeirand till abstein fra traffeck in our said cuntrie, lykas the principall men of thame hes ellis done, and that for the oppressioun committit vpon thame, till our grit skayth, without remied be maid in tyme.
The haill Inhabitaris of Zetland befoir mentionat, sworne and examint
befoir the said Commissionaris, dayis, zeir, and plaice
respective, foirsaid, vpon this Ferd Article, deponis as followis—
The haill Inhabitantis of Zetland befoir written, deponis concerning this Fourt Article, that thay ar ignorant quhat the Laird hes gottin fra the Duchemen attour the just toll, becaus they are not permittit to be present at the delyverance thairoff, and ar not participant of the samyn; bot in respect of the grit favor, liberteis, and permissiounis that is grantit and permittit to the Duchemen be the Laird, zeirlie, sen his entress, by auld consuetude and customes of the cuntrie, to the grit hurt and damage of the puir Commownis of the cuntrie quhilk byis all thingis necessairis concerning thair sustentatiouns fra the Duchemen, it apperis, and is presumit, that the Laird ressaveis zeirlie gains and commoditie fra thame according to the termis of the Ferd Article, and in respect of the ressounis particularlie following—
And First, Quhair as it was and is the use, affoir that ony schip be tholit, the cowp and pryce of the merchand wairis and geir is and aucht to be sett be the Fowde, and certain honest descreit men of the cuntrie quhilk knawis the lawis, consuetudes, and pryces, bayth of the cuntrimenis wairis and merchandis strangearis resortand thair; the Laird of Cultemalindie, sen his entrie to the Fowdrie, hes not observit the auld order thairoff, bot hes alterit and brokin the cowp and pryces as followis: that is to say, The pryces of the Duchemen and strangearis geir is rasit hiear, contrair the auld use and custome; for the auld lawfull pryce of the barrell of drinking beir was and suld be for thre gudlingis of cuntrie wairis, sic as of fische, buttir, wadmell, or uther cuntrie wairis; and the barrell of rymeill brannes of twelff lesspond wecht, of the same pryce; bott sen the Laird enterit, the barrell of beir is sett to four gudlingis, and the warst beir that they bring is sett to three gudlingis and ane half; the barrale of branner meil, quhilk was thre gudlingis of auld, now they gar thame pay thairfoir thre gudlingis and ane half, and sumetyme four gudlingis: and zet the scayth is not sa grit of the cowp setteing to the Commownis, as is the hurt that thai have of the exorbitant gilding of the wairis; for quhair as twelff gild keling and aucht gild ling suld mak the gudling, and was evir in use to be tane fra thame for ane gudling, the Duchemen will not ressaive fra thame less nor fourteen, fifteen, or saxteen gild keling, and ten, elleven, or twelff gild ling for the gudling, and this is continewalie usit sen the Lairdis entress, and for na complaynt that thai can mak to him thai can have remeid thairoff, bot the Duchemen ar ouirsein, and the cuntriemen opprest in maner foresaid, for lack of justice.
Secundlie, The Commownis of the haill cuntrie complainis upon the Duchemen, quhair as thai ar hevelie opprest be thair messuris and wechtis; for the Duchemenis can that they tax the beir with, is litill mair nor ane Scottis chappin, for the full of the quhilk they tak fra the Commownis ane Dens schilling, quhilk is ane gild keling, bot the can that they ressaive the ulie fra the Commownis with, is neir weill ane Scottis quart, albeit they aucht bayth to be equal and alike of messour.
Thridlie, The Commownis ar hevelie opprest be the said Duchemen, as thai affirme and deponis, be the bismeiris wrangusslie maid and markit, swa that xxx merkis upon the small wechtis will scantlie mak furth ane lesspund of the bismeire quhairupone the Commownis ressavis fra the Duchemen; bot they ressave the Commownis wairis upon the grit wecht in haill gudlingis, quhilk hinderis the Commownis of ilk gudling twelff merkis; quhilk diminisses the fyft part of thair dewitie, quhairroff they suld have allowance, be the wrang wecht; and thairby they pay the fyft part attour thair dewities mair nor just.
Ferdlie, It is affirmit and deponit be the Inhabitantis of the North Yles of Zetland, viz.—of Zell, Fetlair, and Unst, before mentionat, that thai are extorsit be the Duchemen be the rasing of the pryces of thair wairis, and diminissing of the pryces of the cuntrie wairis onlie in defalt of the Laird, for the Commownis was wont to get in all tymes of befoir the Lairdis entress, aucht cuttell of vnblicht carrott (?) for ane gudling, bot now, sen his entress, thai gett bot sax cuttellis for the gudling; lykwyiss the merk of copper of auld was sauld for twa schillingis of wairis, and now thai tak four schillingis thairfoir; and siclyk hes agmented the pryces of thair hemp and uther grayth: In respect of the quhilk, it is supponit and presumit that the Laird gettis gains fra the strangearis, to suffer and permit thame to use the Commownis on this maner; for thai declair, that the shippis that lyis in the Yles delyvirit to the Lairdis doaris, ilk schip halff ane last of beir and meill certane zeiris, bot thai knaw not quhidder he maid payment to the Duchemen or not thairfoir. Bot thai affirme that thai hard the Duchemen say, that the Laird payit thame nathing thairfoir. And als affermis, that the Duchemen schow thame that the Laird tuk the zopindaill fra thame bot for twa gudlings, yet in payment of thair wairis that he bought fra thame, he compellit thame to tak it again fra him for thre gudlings.
THE FYFT ARTICLE OF THE GENERALE COMPLAYNTIS, giffin in Bill befoir
the Regentis Grace and Lordis of Secreit Counsale, be Arthour
Sinclair of Ayth, upon LAURENCE BRUCE of Cultemalindie, as eftir
followis—
Fyftlie, The said Laurence, in his accustomit manner, efter his arryvale in Zetland with fyfteen or saxteen armit men, comis to the housses of us the inhabitantis of the said cuntrie, and remains thairintill quhill our victuales and provisioun be spendit; compelling us to furnish him and his cumpanie, for feir of grittar oppressioun, and swa depairtis bot payment of ony expenss and chargeis maid be him and his dependaris to us or ony of us, and that in manner of sorning and skafrie, to our uttar wrak and heirschip, we beand for the maist pairt all lawboraris and fischaris.
The haill Inhabitaris of Zetland before mentionat, sworne and examinit
befoir the saidis Commissionaris, dayis, zeir, and place
respectivé foirsaid, upon the Fyft Article, deponis as followis—
Thay all depone in ane voce, That the Laird was never fewer nor twelff personnis, by strangearis, boyis, and uthers, that convoyit his caryage, quhilk was sustenit be the honest men of the cuntrie into thair housses, quhen as he past athort the cuntrie; and was bankittit, and gat sic cheir as thai micht furniss, and payit nevar any price for it; and ofttymes the gudman of the houss, at thair departing, behuvit to propyne the maister houshald, the cuik, and stewart, with sum gift; with this additioun of the parochynairis of Nesting, that in Hervist was ane zeir, the Laird with his companie beand in Margrat Reidis houss in Burgh, quhen they had drukkin furth hir provisioun, thair was half ane barrell of beir in Thomas of Kirkabustar’s hous quhilk pertenit to Johne Magnussoun in Gounzefirth, and was put thair to keip be him, the Laird gettand wit thairoff, send and gart bring the same to Margrat Reidis houss to his provisioun, and gart publiss throw the parochin, that quhatever he was that had ony dreinking beir, and heild and conselit the same fra him, thair haill guiddis and geir suld be escheit, giff knawlege might be had thairoff in ony tyme eftir. As for the halff barrell that was tane, the awnar as zet has gottin na payment thairfoir. And wyth this additioun of the parochinairis of Northmaven, that in sum mennis housses, the Laird, with his companie, wald remane quhill he wald dreink halff ane last of beir, and sumtyme mair; lyk as he did in Andro Robertsoun’s, John Robertsoun’s, Magnus in Gluss, and Laurence in Glusses housses, and wald repair to thame thre or four tymes in the zeir. And the gudwyffes of the housse, nor thair servandis, gat na entress in thair awin sellaris sa lang as he remanit.
THE SAXT ARTICLE OF THE GENERALE COMPLAINTIS, giffin in befoir the
Regentis Grace and Lordis of the Secreit Counsale, be Arthour
Sinclair of Ayth, upon LAURENCE BRUCE of Cultemalindie, as
followis—
Saxtlie, The said Laurence, contrair the custome of our said cuntrie and lawis of this realme, hes at all tymes, sen his entrie, causit courtis to be fensit and haldin within the feriat and cloiss tyme of hervist and vacanis for his particular proffitt, quhairthrow we micht [not] wait upon our hervist for winning of our cornis, hay, and vther necessars to sustein us in tyme of winter. And lyikwyiss causit dyverss of his servandis and suddartis, quhilk ar not natives nor indwelland men in our cuntrie, to pass upone our assyses and inquestis, contrair our lawis and customes, perverting thairthrow our haill lawis to his particulair comoditie.
The haill Inhabitaris of Zetland befoir mentionat, sworne and examinit
befoir the saidis Commissionaris, dayis, zeir, and place
respectivé foirsaid, upon this Saxt Article, deponis as followis—
And first, The men of Quhytnes and Weisdale anent this Saxt Article, deponis, That the Laird held courtis alsweill in tyme of hervist as ony uther tyme; and in speciale betuixt the Mariemessis, and at everie court, he had twa or thre of his awin men, quha votit and decernit all decreits at thair plessure, and wald gif the Commownis na place to vote bot conforme to thame: Quhairas na men suld sit upon thair decreits bot cuntriemen that kennis thair awin lawis, quhairthrow thair law was wreistit to the Lairdis particular proffit, to the grit hurt of the inhabitaris of the cuntrie; amang quham James Bruce sat upon the assyses this last zeir in mony of all the courtis haldin in Zetland be the Laird, notwithstanding, as thai wer informit, [he] was at the Kingis horne and unrelaxit.
The men of Brassay ar conforme to the formar deponaris upon this Saxt Article, with this additioun: At the last Lawting haldin in Scalloway, quhilk is the heid court of the cuntrie, thai affirme that thair was scarslie the ane halff of the assyiss cuntriemen, and thai gat na vote in the decreits giffin furth; quhairfoir thai war on purpoiss to have tane act that thai gaif na consent to the decreits decernit in that court, bot for feir of the Laird thai stayit and durst not.
The men of Nesting, Lunasting, Quhailsay, and Skerreis, examinit upon this Saxt Article, ar conform to the formar deponaris of Quhytnes and Weisdale, with this additioun: Efter that my Lord Robert had past throwout the parochinis of the cuntrie, and haldin his courtis, the thing that my Lord had remittit and forgiffin, the Laird thaireftir callit thame, and held courtis in Tingwall and Scalloway, and thair sett his awin servandis and utheris of his chosin upon the assysses, sic as James Bruce, Harie Bruce, and Thomas Boyne, sa lang as he was in his service; and thair wald convict thame in sic sowmes as he thoucht gude, haveand na respect to the lawis of the cuntrie nor gude conscience, bot ony voit of the cuntriemen; and also decernit faltis that was giffin up in Grandrie (quhilk is ane dittay giffin and tane up be ane privy inquest), without any preiff led thairupon: and thai that gaiff up the grandrie sat upon the assyiss, and in speciale Harie Bruce and Thomas Boyne, quha was bayth the upgiffaris of the faltis, and but preiff or witness sat upon the assyiss, and decernit upone the same. And for ane tuilzie that Johne Smyth, officiar, maid in Williame Garyochis houss, Edwarde of Garth, Williame Magnussoun in Beinsta, and the said Williame Garryouche, war ilkane decernit in sax dolouris, quhilk thai war compellit to pay to the Laird with rigor; and quhen thai requyrit the clerk for ane copie of the decreit, and bad him ane zopindale and ane halff for thair extract of the same, zet he wuld not draw it furth to thame. And thai affirme all, that for na payment nor requeist that thai can mak, the Lairdis clerk will not giff forth the extractis of the decreitis, nor zet can thai have executioun thairupon, except it be for the Lairdis awin particular proffit.
The men of Vnst, examinit upon this Saxt Article, agreis with Quhytnes and Weisdale, with this additioun: Harie Bruce and Thomas Boyne beand procurators, sumtyme efteir that thai have pursewit in ane actioun, hes been permittit to sit upon the assyiss, and to decerne in the same actioun that thai procurit in of befoir. And in speciale, in ane actioun quhair Harie Bruce stude up and procurit for Barthole Strangis wyff, the said Barthole beand furth of the cuntrie, and sche compellit to answer, for na exceptioun of the law that sche culd propone thai wald desist, bot procedit aganis her; quhairas of the law her husband suld have bein callit, and not sche. And the said Harie unrequyrit of hir, takkand hir procuratioun upon him, sat down agane upon the assyiss, and gaiff vote contrair the actioun, for the quhilk he procurit; this proven be certaine honest men of Vnst, viz.—Walter Smyth, Johne Coupland, Magnus Cowhouse, Paule of Maill, with vtheris dyuerss.
THE SEWINT ARTICULE OF THE GENERALLE COMPLAINTIS, giffin in in Bill
befoir the Regentis Grace and Lordis of the Secret Counsale, be
Arthour Sinclair of Ayth, aganis Laurence Bruce of Cultemalindie,
as followis—
Sewentlie, The said Laurence, under pretence and cullour of nichtborhood, quhair the use was that the haill parochin, callit ane Scathald, payit for the vnlaw of swyne worting, callit Swyne Ruting, xl s., he hes compellit ilk man in the parochin to pay to him thairfoir thre zowpundaleis throw the haill mayneland; quhilk extendit in ane zeir in the mayneland by the Yles to thre hundreth zopindales, to our vttar heirschip and wraik.
The Inhabitaris of Zell, Fetlair, and Unst, befoir specifiit, sworne
and examinit upon this Sewint Article, deponis as followis, that
is to say—
In Unst there is xxi scatlandis, vtherwayis callit Scathaldis. The Laird, haldand Court at Sca, in Unst, inquirit giff thair was ony swyne ruting in that Yle. The ordour of punissing of swyne ruting be the law of the cuntrie is this; Quhen ony man compleins upon hes nichtbor for ruting up of his corne or his medo with the swyne, the assyiss, after the probatioune and tryale tane of the scayth that is done to the complenar, decernis him in amendis, outher of corne or gerss, according to gude conscience, sa far as the scayth is provin; and giff it be the Kingis land that is ruted, the unlaw of the law that fallis to the sheriff is thre merkis Zetland payment, viz.—ane dolor; and gif it pertain to the kirk or outhale men, the Kingis unlaw is the less. And giff na man compleins upon swyne ruting, it aucht not to be tane up be way of Granderie. Zet nevartheless, the Laird, contrair the law and practik of the cuntrie, put it up as ane article of the Granderie. And quhen the assyiss was requyrit to sit and decern thairupon, the haill honest men of the Yle refusit and past of the assyiss; zet notwithstanding, Thomas Boyne, the Lairdis awin man, with his clerk and strangearis that was placit on the assyiss, maid furth ane decreit thairupon, and decernit ilk scathald within the said Yle to pay to the Laird thre dolors for the swyne ruting, quhilk the Laird gart poynd fra the Commownis. For payment of the quhilk the puir Commownis was compellit to sell thair ky to the Duchemen for half pryce, becaus thai had na reddie silver. The soum that the Laird gat wranguslie thairthrow in the said Yle, extendit to thre scoir thre dolors; quhilk scaythit the Yle, be ressoun of the small pryce that thai gat for thair guddis to the valor of ane hundreth dollors and mair, as thai tuik upon thair conscience. And sic as had not ky to sell, war constranit to sell their land out at the grund, to get silver to outred the said unlaw.
The Inhabitaris of Fetlar foirsaid ar conforme to the depositioun of Unst; and thai grant and confessis that thai have payit for ten scatlandis contenit in their Yle, in the same maner as Unst hes done, to the Laird for the swyne ruting, but dome or law xxx dolors; and for lack of reddie monie was constranit to sell thair guddis and landis far within the worth, lyk as the men of Unst hes deponit.
The Inhabitaris of Zell, knawand that the Laird wald have had ane dome of thaim of swyne ruting at his Court haldin thair, supponit to be na better handlit nor the other twa Yles was, they war faine to aggrie with him, in case he suld have put thame to ane grittar Intendment; swa that for ellevin scathaldis that is within that Yle, thai payit him xxxii dolors: And giff the Laird causit ony dome to be maid thairupoun, the men of the Yle that sat upon the assyiss affirmis, that thai consentit nevar thairto.
The Parochinaris of Dunrosnes, sworne and examinit upon this Sewint Article, deponis, That thair was not ane in that parochin, puir nor riche, that had samikle as ane gryiss, and culd not quyt the samen of swyne ruting, bot he was poyndit for thre zopindalis; quhairas thai allege, that thai ar grittumlie wrangit by the rest of Zetland, for in uther parochinis and yles he tuik bot for everie scathald thre dolors, bot in this parochin he gart everie man particularlie pay thre dolors; and for payment thairoff their gudis and geir war comprysit, meikle inwith the avale, quhilk was to thair double hurt; and the sowme that the Laird gat furth of the said parochin, for this unlaw of swyne ruting, is calculat amangis thame to extend to ane hundreth and four dolors.
The Parochinaris of Delting and Scatstay, Burray, Trondray, Quharff, and Godberwyk, sworne and examinit upon this Sewint Article, deponis, That becaus thai hard wourd of the exorbitent unlawis that was tane up in utheris parochinis, sic as Unst, Zell, Fetlar, and Dunrostnes, foir feir thairoff thai slew thair haill swyne, quhen thai war out of ply, that they suld not be unlawit thairfoir; quhilk has done them grait scayth.
The Parochinaris of Tingwale, sworne and examinit heirupon, deponis, That thair was na swyne haldin with thame, except Erasmus of Watbustar, and Laurence of Hammersland, quha for twa gryseis that they had, componit and payit betwixt thame ane dolor thairfoir to the Laird.
The Inhabitaris of Brassay, sworne and examinit thairupon, deponis, That for feir of the rigorus handling that thai hard tell was usit upon their nichtbouris be the Laird, thai had slain doune all thair swyne; except Nichole Johnstoun of Congasettar, quha for ane swyne quhilk he had that did na harme to any nichtbour, his kow was tane, at comand of the Laird, be Andro Giffurde, and sald, and the pryce thairoff delyvirit to the Laird, na dome nor law passand thairupon.
THE AUCHT ARTICLE OF THE GENERALE COMPLAYNTIS, giffin in in Bill
befoir the Regentis Grace and Lordis of the Secreit Counsale, be
Arthour Sinclair of Ayth, aganis Laurence Bruce of Cultemalindie,
as followis—
Auchtlie, The said Laurence continuand in his oppressioun, quhairas be the auld custome of our said cuntrie that for breiking of nichtbourheid, the haill parochin, callit the Scattald, payit fyve gudlingis, now he compellit ilk man in the parochin to pay for the said unlaw, fyve gudlingis, quhilk will extend to grit sowmes, to the grit hurt of us, the Inhabitantis of the cuntrie.
The Parochinaris of Quhytnes and Weisdale, Nesting, Lunasting, and
Quhailsay, examinit and sworne upon this Aucht Article, deponis—
That the ordor is, amangis nichtbouris that dwellis within ane scathald, gif ane brute be rasit upon thame, and the faltor cannot be found out, quhen thai ar all put to acquittance, and quha that failzeis to be quyt, becummis convict in ane domeraw, to be payit amang sa mony as is unquyt coniunctlie, ilk man his pairt; neuirtheless, thir parochinaris deponis, That the Laird in his last Court, haldin at Quhytnes, chargit ten houshaldis for scoulding, that is to say, for ane sclander and brute that was rasit upon sum of the town, quham thai culd not get knawlege off, to quyt thame of scheip that wantit. Quhilk acquittance was ordanit be Olaw Sinclair, Fowde of Zetland for the tyme, and lay deid and sleipit, quhill now in Hervest 1576; at quhilk tyme the Laird of Cultemalindie waknit the samyn, and tuik fra everilk ane of the ten houshaldis fyve gudlingis, quhilk is the haill sowme of ane domeraw, extending in the haill to fiftie gudlingis; quhairas the haill ten houshaldis aucht and suld have payit bot fyve gudlingis amangis thame all, giff thai had failzied acquittance: Off quham sum was on lyve, and sum was deid, zet he gart the airis of thame that was deid mak payment. The names of the ten houshaldis are—Jacob in Scairane, Thomas of Girdilsta, Hutchain of Branxhammersland, Erasmus of Watbustar, Nichole of Catfirth, Henrie of Catfirth, Magnus of Crown, Ereik of Strandfurde, Magnus Andersoun, Erasmus of Wathsettar. The men of Nesting, anent this Article, deponis, That the officiar pundit everie ane of thir foirsaid persounis for ane domeraw, and tuik of thame attour that to himselff of ilk man, ij s. Scottis. And thai affirme that thair is twa of the ten lyand under the danger of punding, and not poyndit as zett for this unlaw.
THE LAST ARTICLE OF THE GENERALE COMPLAYNTIS giffen in befoir the
Regentis Grace, and Lordis of the Secreit Counsale, be Arthour
Sinclair of Ayth, aganis LAURENCE BRUCE of 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 crymes committit 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 ressoun the 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,
aganis LAURENCE BRUCE of 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 haill butter 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 (except this 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 handis of 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 dolouris and 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 the morning as thai wald, or he was cummit hame fra the last flitting, his kow was tane, and to freith her, he behuvit to pay twa dolouris. Johne in Lyen, quha had his horss and his boy flittand the Laird that day, zit neuirtheles his kow was tane for ever away be the Lairdis servandis. Nichol in Swynasettar haveand his horss and boy with the Laird that day in lykwyiss, zet his kow was tane fra him for ever. Johne Oxnasettar, for the same, was compellit to pay twa dolouris to the Laird. Thomas in Colafirth, for the same, had his kow poyndit be the Lairdis officiars, and wantit her for evir. Andro in Colafirth siclyk wantit his kow thairfoir.
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Oppressions of the Sixteenth Century in the Islands of Orkney and ZetlandChapter VI: Introduction (4)
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