Chapter VIII: Introduction (6)

“Sevintlie, The said Laurence, under pretence and cullour of nechtbourheid, quhair the use was that the haill parrochine, callit ane Skattell, pait for the unlaw of swyne worting, callit Swyne Rutting, xl s., he hes compellit ilk man in the parrochine to pay to him thairfoir thre zoupindaillis throw the haill Mayanland, quilk extendit in ane zeir in the Mayinland by the Yles to thre hundreth zoupindaillis, to our utter hership and wraik.

“Auchtlie, The said Laurence contenand in his oppressioun, quhair as be the auld custume of our saidis cuntrie, that for breking of nechtborheid, the haill parrochine, callit the Skattell, payit fyve gudlingis, now he compellit ilk man in the parrochine to pay for the said unlaw fyve gudlingis, quhilk will extend to grite sowmes, to the grite hurt of us the inhabitantis of the cuntrie.

“Last of all, the said Laurence hes continewallie sen his entrie in our said cuntrie, zeirlie and ilk zeir, usit to tak up dittayis, usit justice courtis, callit be us Grandraffis, quhilk was never usit of befoir bot ilk sevin zeir, thairthrow oppressing us with all kynde of tirrannie and wrang, and compelling us to gif and deliver to him our guidis and substance in grite quantitie, in sic sort that we ar altogidder put to grite povertie and herschip, swa that thair is na natioun under gritter slavrie and oppressioun be the meins foirsaidis nor we ar, and will be compellit to leif our cuntrie desolat of the pepill and lawbouraris, to seik our habitatioun in sum framit natioun, without your Grace and Lordschips provyde sum haisty remeid.

“And we havand given in thir our poyntis of oppressioun and divers utheris to our Maister, Lord Robert Stewart, and the same being provin be us, the said Lord, of conscience, gaif the said Laurence vii^{ct} merkis for his twa zeiris tak of the said fowdrie, to relief us of his tiranny, quhilk was in anno lxxi zeiris.

“Beseikand heirfoir your Grace and Lordschips, for the reward of God, to haif consideratioun of the premisses, and seeing we ar altogidder depauperat, and hes not to susteine our expens to cum heirto to complaine, that your Grace and Lordschips will tak sic order heiranent that we may heirefter be relevit of sik tirranny and oppressioun, and may dwall under the obedience of our Soverane Lord, as our predecessour hes done in tyme bypast, conforme to the custume of our said cuntrie, and lawis of this realme.

“According to equitie and justice: And your Graces and Lordschips
answer humlie we beseik.”

The Copie of THE KINGIS MAJESTIES COMMISSIOUN direct to MR. WILLIAME MUDY of Breknes, and WILLIAME HENDERSON, Dingwall Pursevant, to takk tryale of enormiteis of Zetland.

“JAMES, be the grace of God, King of Scottis, to all and sundrie our liegis and subdittis quhais knawlege thir our letteris sal cum, greting: Forsamekill as We and our richt traist cousing JAMES ERLE OF MORTOUN, Lord Dalkeith, Regent to ws, our realme and liegis, are informed of mony hich attemptis, inordinat oppressiounis, and new exactionis dalie committit upoun our peicabill and obedient subiectis, the Inhabitantis of our cuntrie of Zetland, Quhilkis dwelling sa far distant frome our residence and seit of iustice, can not alwyiss compeir and haif access and mak thair Complaintis, nether can the treuth of the same Complayntis be tryit in the south pairtis of our realme, without putting of a grite number of our subiectis, inhabitantis of the said cuntrie that necessarlie requiris to be inquirit and examinat, to greit and havie travaill and expenss: For relief quhairoff and ease of our saidis subiectis, wit ze Ws, with avise of our said Regent, to have gevin, grantit, and committit, and be thir our letteris gevis, grantis, and committis to our weilbelovittis, MAISTER WILLIAME MUDY of Breknes, and WILLIAME HENDERSOUN, Dingwall pursevant, coniunctlie, our full power, expres bidding and command, to repair in the said cuntrie of Zetland, and thair in our name and auctoritie, to inquire and try the trewth of the saidis Complayntis of the inhabitantis maid to us and our said Regent, or to be presentit to our saidis Commissionaris, at thair passing in the said cuntrie, in form of dittay, or be examinatioun of credibill and honest witnesses, quhais names salbe gevin in bill, and to that effect be thair awin precept to summound sik personis as thai sall think expedient, to compeir befoir thame, alsweil to gif up thair complaintis and dittay, as to declair the trewth in sic thingis as salbe inquirit of thame, at thair cuming, ilk persoun under the pains of ten punds money, the personis . . . pursewand the unlaw for the said persoun, and for the same . . . to poind and to distrenzie, and that thai report thair full findingis in the saidis matteris with all speid and diligence to our said Regent, to the effect that reformation may be givin to the saidis enormiteis, to the ease and satisfactioun of the saidis Compleineris, and weill and quietnes of our said cuntrie in tyme cuming. Quhairfoir we command and charge the said Mr. William Mudy and Williame Hendersoun, that thai accept this our commissioun in and upon thame, incontinent efter the presenting of the same to thame, and that indelatlie, and with all possibill expeditioun thairefter proceid to the executioun thairof, efter the forme and tennor of the same, alswell in taking of the said executioun and tryall, as in reporting of that quhilk thei sall try and find out, as thei and ether of thame will answer to ws, vpoun thair obedience, at thair vttermaist charge and apparrell, and under all hiast pane, charge, and offence that thai may commit and inrin aganis our Maiestie in that behalf. Given under our Signet, and subscrivit be our said Cousing and Regent: At Dalkeith, the ix day of November, and of our regnne the Tent zeir 1576.”

The Copie of the REGENTIS GRACE LETTER send to MR. WILLIAME MUDY and
WILLIAME HENDERSON to the effect within contenit—

“TRAIST FREINDIS.

“For the furthering of Justice, and halding in of the trauaill and expensses of the subjectis of that cuntrie, quhilkis ar requirit to be examinat vpoun the declaratioun of the attemptatis and disorderis committit thair, We have grantit and maid commissioun to zow, to inquire and try the treuth of the Complaintis of the inhabitantis maid to Ws, quhilk commissioun tending to sa guide and necessar a purpoiss, We desyre you to accept in and upon you, and according thairto, with all diligence pas to the executioun thairof, efter the forme and tennor of the saime, alsweill tuiching the tryall of the attemptatis and disordaris, as reporting of that quhilk ye sall try and find out to Ws, that we may caus ordour may be put to the same, to the ease and satisfactioun of the . . . and quietnes of that cuntrie. Als ze . . . and us verray acceptabill . . . the ix day of” . . . . . . . . . . . . . . . . . .

(_The last two lines of this page are much worn, and the latter words illegible._)

THE COMMISSION

BY KING JAMES THE SIXTH

TO THE CHANCELLOR AND OTHERS,

TO TRY

LORD ROBERT STUART

FOR OPPRESSION.

M.D.LXXXVII.

THE COMMISSION BY KING JAMES THE SIXTH TO THE CHANCELLOR AND OTHERS, TO TRY LORD ROBERT STUART FOR OPPRESSION. 1587.

The first Commissione derect to the Chanseler, the Justeis Clark, and
Sir Patrick Ballentyne.

“JAMES, be the grace of God, King of Scottis, To our trustie and weilbelouit Counsallouris, S^r Johne Maitlande of Thirlstane Kny^t, o^r Chancellar, and S^r Lues Bellenden of Auchnoule Kny^t, Clerk of o^r Justiciarie, Oure Sheriffs and Justices of Orknay and Zetland, and your deputtis, and To o^r louittis messengeris o^r Sheriffis in that pairt, coniunctlie and seuerallie, speciallie constitute, greting, Forsamekill as it is humlie menit and lamentablie complenit to us be our louittis Magnus Irwing and Gilbert Irwing, lauchful sones and aires of umq^{le} James Irving of Saba, in Orknay, upone our cousing LORD ROBERT STEWART, lait Erle of Orknay, That quhar thar said umq^{le} father, (LAWMAN OF ORKNAY for the tyme) and his predecessors hes bruikit and joisit peciablie the saids landis of Saba, extending to nyne penyland, liand in the parochin of Sanct Androis, w^tin o^r Sherefdome and Maneland of Orknay, as thair proper heritage, bruikit and possessit be thame and thair predecessors but impediment thir sevinscoir yeiris w^t the mair bigane, Quhill that laitlie within thir sex yeiris, or thairby, the said Lord Robert wranguslie and masterfullie reft fra the saids complenaris thair saidis proper landis and heritage, and hes intrusit himselff maist iniustlie in posessioun of the samyn, but ony ordour of law, bot be sic tyrannie and oppressioun as he comounlie uses w^tin the said cuntrie. Lyk as he hes reft and spulzeit diuerss of the wthallmen and heretors of the said cuntrie of Orknay and Zetland of thair proper heritaige, and hes appropriat the samyn to himselff, being baith Juge and pairtie, be manifest oppressioun and tyrrannie. And sicklyk the said Lord Robert be the meanis forsaidis hes eiected the said Gilbert furthe of his thrie halfpennyland of Horrie, lyand w^tin the said parochin, and pertening to him in heritaige, and hes maist wranguslie intrusit himself and William Irwing his tennent in his name in possessioun of the saids landis of Saba and Horrie, Quha hes maist iniustlie occupeit and uptakin the haill proffittis thairof continuallie sen the saids complenaris eiection y^rfra. And alsua the said Lord Robert hes wranguslie eiectit the said Gilbert furthe of his mark and halfmarkland, liand in Dedall, pertening alsua to him in heritaige; as alsua the said Lord Robert hes maist wranguslie and violentlie eiectit and output the said Gilbert fra his possessioun of three penyland in Breks, thrie halfpeny land in Midhous, thrie penyland in Hortisso, and thrie halfpeny land in Ochilsat^r, extending altogidder to nyne penyland, lyand in the parochynis of Deirnes and Holme, o^r Sh^reffdome and mainland of Orknay, Quhairof he and his predecessors war in peciabill possessioun thir mony yeiris, and hes takis to rin as yit of the samyn. And as yit the said Lord Robert wranguslie reteins, bruiks, and w^thaldis the saids compleinaris proper landis, heritaige, takis, rowmes and possessiouns respective abovewrittin, and hes maist wranguslie and tyrranouslie demolischit and cassin down thair haill housses and biggings being thairupoun, extending to auchtene housses, and hes alsua wranguslie, violentlie and m^rfully spulzeit and away takin the saids complenaris haill insicht plenissing and gudis being w^tin the saids housses, the damaige and skaith sustenit be the saids complenaris in casting down of the saids housses and spoliatioun of thair insicht and gudis being thairintill estimat to fyve hundrethe markis. And sicklyk the said Lord Robert and James Stewart, his son naturall, at his comand, be the space of twelff yeiris sensyne or thairby wranguslie spulzeit, and away tuik fra the said Gilbert Irwing furthe of his hous in Saba aucht barrellis ulie, price of the barrell xiii ℔ vi s. and viii d., than pertening to the said Gilbert as his awin proper guidis and geir, and being than in his possessioun. And alsua the said Lord Robert restis awand to the said Gilbert the sowme of sevinscoir ten pundis as for the fraucht of ane thowsand daillis brocht be him furthe of Norroway to Orknay, and intromittit w^t be the said Lord Robert be the space of thrie yeiris sensyne, and he promisit to haue maid the said Gilbert payment of the said fraucht: And becaus ye saids complenaris socht redress of the wrangis and oppressiones above vritten done to thame be the said Lord Robert at his awin hand, being baith Juge and pairtie, quha refusit to do thame ony reasoune theirfore; And in respect thai are drevin to extreme povertie, and hawing na uther refuge under God but to complene to us, the said Lord Robert suspecting the same, and that uther puir pepill that be havellie oppressit be his tyrranie in lykmaner wald complene to us thairupon, he thairfore hes cloisit all the ferries and passages, that nane of the said cuntrie may have access to us for that effect; and alsua threttynit to tak and hang the saids complenaris, becaus thai said that they wald complene to us. And the said Lord Robert, at the depairting of the said Gilbert, hes wranguslie and wiolentlie spulzeit, reft, and away takin his haill insicht guds, plenissing, cornes and cattell, and hes put his wyff and aucht bairnes to beggarie: and he for saifftie of his awin lyff wes compellit in this instant moneth of December to tak the stormie and tempesteous seyis of Orknay and Pentland Firthe in ane small fischer boit, and be Godis prouidence, hes cumit heir to mak his said grievous complaint to us, lyk as mony utheris in that cuntrie wald doe in cais they mycht have access to us to that effect as is allegit. OURE WILL IS HEIRFORE, and we chairge you, our Shereffis and Iustices forsaidis, and your deputtis and commandis, that incontinent thir o^r l^{rs} sene ye pas, and in oure name and aut^{tie} call baith the saidis pairties befoir yow, and tak cognitioun upoune the saids actionis of eiectioun, spoliatioun, dettis, and wrangous intromissiouns with the saids complenaris landis and gudis above specefeit, as they sall libell, and gif the premissis sal be fund to be of veritie, That ye enter and repossess the saids complen^{ris} agane to thair saids properties, heritaiges, takis and possessiouns above vrettin, keip and defend thame tharintill, and in peciabill possessioun thairof, ay and quhill they be lauchfullie callit and ordourlie put thairfra be the law, And that ye remowe, eiect, and output the p^{nt} possessors and occupiaris of the samyn thairfra, wnder the paine of rebellioun and putting of yow to o^r horne, w^t certificatioun and ye failzie o^r signittis letres sal be direct simpliciter to put yow thairto, and that ye preceid and do iustice thairupone according to the lawis, admittand to baith the saidis parteis thair just and lauchfull defenssis. Attoure that ye, oure officiaris of armis, pas and in our name and aut^{tie} comand and chairge the saids Lord Robert, James Stewart of Gramesay, his sone, and thair complices, To find sufficient cautioun and sourtie to the saidis complenaris, That thai, thair wyffis, bairnis, seruands, lands, heritaiges, stedings, cornes, cattell and guds, sal be harmeless and skaithless of the saidis Lord Robert, his sone, thair complices, and all that thai may lat in tym cuming, Under the paine of twa thowsand punds, and that ye chairge thame heirto personallie gif they can be apprehendit, and failzeing thairof be oppin proclamatioun at the mercat croce of o^r burghe of Kirkwall, To cum and find the said sourtie to yow w^tin sex dayis nixt efter they be chairgit be yow thairto, Wnder the pane of rebellioun and putting of thame to o^r horne. And gif thai failzie thairintill, the saids sex dayis being bipast, That ye incontinent thairefter denunce the dissobeyaris or rebellis, and put thame to o^r horne and escheit, and inbring all thair moveabill gudis to our use, for thair contemptioun. And als that ye comand and chairge our saids Shereffis and Justices, and thair deputtis, to proceid and do sumar Justice to the saids complen^{ris} againes the said Lord Robert and his complices upone the actiouns of spoliatioun, eiectioun, dettis and wrangus intromissioun above specefeit, as accordis to iustice, as thai will ansuer to us upon thair obedience according to Justice. The q^{lk} to do we commit to you coniuctlie and seuerallie o^r full power, Be thir our l^{ris}, deliuering thame be yow deulie execut and indorsit againe to the beirar. Gewin under our signet, At Dalkeith the xvi day of December, and of our Reigne the twentie ane zeir 1587.

“_Ex deliberatione Dominorum Secreti Concilii._

“ANDRO ELLEIS, _Sec._”

A SUPPLICATION TO PARLIAMENT

BY

LAWRENCE BRUCE AND OTHERS

AGAINST

PATRICK EARL OF ORKNEY.

M.D.XCII.

A SUPPLICATIOUN TO THE PARLIAMENT BE THE GENTILLMEN OF ORKNAY AND
ZETLAND.

“My Lord Commissioner and Lordis of Articles of thir present parliament, Unto your Grace and Lordships humblie meines and shewis We zour Servitoris Lawrence Bruce of Cultmalindy, Henrie Sinclair of Towquoy, William Irving of Saba, Robert Sinclair of Camstane, Thomas Cheyne of Walay, William Bruce of Cimbister, John Sinclair of Tobe, and Magnus Cromartie of Caray, ffor our selff and in name of the remanent Our Sowerane Lordis gwid subjectis heritable possessoris of the Udack Lands in Orknay and Yetland, That quhair Patrick, Earle of Orknay, Vpon some sinister informatioun made be him that the haill Vdack Lands in Orknay and Yetland wer fallin in Nonentrie, hes therupon and upon some other unlawfull groundis purchasit ane Infeftment of our saidis landis, and is myndit to seek the approbatioun and confirmatioun theroff in thir present Parliament, That therby being claid in the warrand and authoritie of ane Act of Parliament, he may summarlie, but forme prosceiss of law, posses him selffe in our haill landis and intruse himselffe therintill. Albeit (we doubt not) give your Grace and Lordships vnderstood the nature of our Vdach landis, and the forme and maner of ther halding, no sick confirmatioun wald be grantit to the said Erle. For it is of truth, That quhan the landis of Orknay and Yetland wer under the Crowne of the Kingis of Norroway for the tyme, the Vdach landis were repute as ane pairt of the propertie of the Crown, and the possessoris of the earledome bruikit the samin; but charter or seasing, as heritable rentalleris of the propertie of the Crown, for payment of ther Scattis, callit in our language the fewduties, and at the deceiss of the possessor and rentaller, the entrie of the aires followed be ane breiff of divisioun, callit in Denmark and Norroway ane Shownd Bill, and is putt in executioun be the Sheriff and his deputis, Quhilk forme of halding hes been inviolablie keeped sensyne, alswell during the tyme of the Kingis of Denmark, as sen ther landis fell to the Crowne of Scotland, and we and our predecessoris of thir Vdach landis haiff been in continwall possession theroff according to the tenor of the halding abovewrettin ffirst esteablished in Norroway, allowit in Denmark and imbracit and ressauit be ane inviolable custome in this kingdome thir ffyve agis bygane and mair, and thair wes nevir any questioun moved against the forme of our haldingis, and the constant and inviolable custome of sa mony ages, without any interruptioun or process intendit against us or our predecessoris, will never suffer us to fall under the compas of nonentrie. And giff the Sowerane Princis of thir kingdome for the tyme had mislykit of the forme of our halding, as not agriable to the lawes or customes of this kingdome, ther is no question bot be the authoritie of ane lawe (all parteis being heared) thay wald have altered and changit the forme of our haldingis, and putt us in suretie be ane new established forme: bot so far hes the Princes of this Kingdome been from quarrelling of the nature of our haldingis, as by taking hold and making thair advantage upon everie failzie quhilk hapnit and fell out against the conditioun of our halding, thay have approven and allowit our said haldingis. For it is ane prouisioun and conditioun in our haldingis, that the non payment of owr dewties for thrie termis togidder forfaltis our right and possessioun, quherby it is fallen out that many of the Vdach landis hes fallen in his Majesteis handis upon this occation.—AND FARDER it is of veritie that quhan this pretendit Infeftment was first purchast be the said Earle, We finding our selffes thairin to be very heavilie grieved and prejudgit, we cam unto him and assured him that we wald complaine and seek reparatioun from his Majestie, and he fearing (be law) he could not maintaine that pretendit right of his to be gwid, he promeist to us to discharge the samin give we wald pay to him the soumes of money advancit be him in purchasing theirof, quhilk we did. AND FARDER it is of trewth that ther is some Lordis in Noroway and Denmark quha bruikis sundrie of the Vdach landis in Yetland eftir the same forme of halding, quhais halding the said Earle hes nawayes quarrelled and hes omitted ther landis out of his Infeftment, and hes only taine him to us whome he thinkis to owircrow at his pleasur, AND SWA we being his Majesteis proper rentalleris, we ought not to be in ane worse conditioun nor strangeirs are, and giff this confirmatioun sall passe throw, it will samickle the mair stur up the said Earle in most violent courses againis us, and prepaires our utter wndoeing and wrack. HEIRFOR we most humblie beseek your Grace and Lordschips that no seek confirmation passe to the said Earle in this present Parliament, and that we may have ane act past in our favoris, declairing the pretendit infeftment purchast be the said Earle of our said Vdach Landis, shall nowayes prejudge ws in our heritable possessionis, and that the samin sall be na farder extendit bot to our fewdewties, quhilk we are content to pay to him or to any othir his Majestie pleis appoint, And giff it sall pleis his Majestie and your Lordschipis to alter the forme of our haldingis and to make the samine agreable to the forme of this kingdome, We most humblie beseek your Lordschipis that it be declairit be Act of this present Parliament, that we sall be preferrit to our rowmes and possessionis, and that securities be made to ws of the samine, we doing therfor accordingly, and your answir humblie We beseek. Etc.”

The Supplication abovewrettin was given to the Lordis of the Articles
of the Parliament, haldin at Edinbroughe be King James 6, Parl.
12, anno 1592, in the quhilk Parliament ane Ratificatioun was made
to Patrick Erle of Orknay of the Erledome theroff in ane unprinted
Act.

The forsaid Erledome was ratified of befor to Robert Earle of Orknay
in the 7 Parl., haldin at Edinbrough be King James 6, anno 1581.

APPENDIX.

APPENDIX.—No. I.

CHARGES laid before KING ERIC (THE POMERANIAN) by the COMMONS OF ORKNEY against DAVID MEYNER (MENZIES) OF WEEM, PRÆSES OF THE ISLANDS. MCDXXV. Extracted and Corrected from the ORCADES _seu_ RERUM ORCADENSIUM HISTORIÆ, _Auctore_ THORMODO TORFÆO. _Havniæ_, 1697, p. 179.

I. Cum adversi frugibus anni affligerent terram, PUBLICO-que CONCILIO (ipsius quoque Davidis consensu) decretum esset, ne frumentum efferretur, sed indigenis tolerabili pretio venderetur, nihilominus ipsum Præsidem quatuor navibus frumentum in Scotiam avexisse, et antequam hæc constitutio facta esset, quinque aut sex naves frugibus onustas alio amandasse, maximo insularum damno.

II. Peregrinos præterea invexisse, qui plebi universæ, etiam iis qui judicia administrabant, admodum graves hospitiis se magnis civium damnis et molestiis violenter ingessissent.