And First, The Generale Complayntis mentionat in thair commissioun, and contenit in the Bill producit and giffen in be Arthour Sinclair of Ayth befoir the Regentis Grace and Lordis of the Secreit Counsale contrair Laurence Bruce of Cultemalindie, Fowde of Zetland presentlie.
And Secundlie, Vther Complayntis, Generale and Particulare, not contenit in the said Bill, bot presentit to the saidis Commissionaris at thair cummyng in the cuntrie at thair seuerale Courtis as eftir followis—
The First Article of the Generale Complayntis, giffen in befoir the Regentis Grace and Secreit Counsale, be Arthour Sinclair of Ayth, heir eftir followis—
That quhair that eftir the cummyng of Lord Robert Stewart, fewar of Orknay and Zetland, to the dominioun of the saidis cuntries, Laurence Bruce of Cultemalindie obtenit of him the office of Fowdrie of Zetland; and schortlie eftir the said Laurence enterit to the possessioun of the said office, he himselff, his servandis and complices in his name, of his causing vsit sic diuers wrangis and extortiounis vpon ws contrair the lawis and auld custome of the said Cuntrie: And specialie it was the auld vse and custome of Zetland observit in all tymis bygane, that thair was ane discreit man of ilk paroche, by the rest, callit The Lawrichtman, quha mesurit oure dewitie, callit Wadmell, and weyit our dewitie of buttir; and now the said Laurence hes causit ane of his awin chesing to do the samyn contrair our lawis, to our grit hurt, Insamekle that the said Laurence hes continualie sen his entrie, quhilk was in the moneth of Maij or thairby, the zeir of God Im vc lxxj zeiris, vptaking our landmale and dewitie, callit Wadmaill, with ane wrang mesour; swa that for ilk thrie scoir cuttell quhilk we aught to have payit, he hes compellit ws to pay ffour scoir cuttell wadmell, and swa hes augmentit ws the fourt pairt of our dewitie.
The Ferd and Fyft dayis of Februar respective, 1576, the Inhabitantis and Parochinaris of Tingwale, Quhytnes, and Weisdale, was ressauit, sworne, admittit, and examinit vpoun the Article aboue specifiit, quhais names followis—
Quhilk persounis, examinit upoun the Article foirsaid, deponis as eftir followis all in ane voce, That thair hes not bein ane Lawrichtman in thair parochin of Quhytnes, Tingwell, and Weisdale, sen the Laird of Cultemalindeis last entres, quhilk was in the zeir of God Im vc lx twelff zeiris; quhilk Lawrichtman of auld vse and consuetude was ane necessar officiar in everie seuerale yle and paroche of the cuntrie, chosin with the commoun consent and electioun of the Fowde and Commownis to keip and giff attendence to the lawful and just cuttell; quhilk is thair mesour or elwand quhairwith thai mett thair clayth, callit Wadmell, quhilk is ane dewitie thai pay to the Kingis Maiestie for thair scat and landmales zeirlie. And siclyk to keip the just wecht callit the Bismeir, quhairupoun thair haill buttir, bayth of scat and landmales was weyit, togidder with ane just Can quhairwith thai mesourit thair vlie payit in scat to the King. With the quhilks cuttell, bismeir, and can, the said Lawrichtman mesurit, met, and weyit the saidis dewiteis of butter, wadmell, and vle fra the Commownis, and delyuerit the saimen to the Fowdis, swa that bayth the Fowde and Commownis gat just mesour and wecht without hurt, fraude, or gyle. And mairattour, it was ane pairt of his office, as ane speciale man chosin for his discretioun and jugement, to be Chancellar of the assyiss in all courtis, that quhair ony difficill questioun come in hand, he schew the law, vse, and practik thairupoun, and gaif the rest of the assyiss informatioun how to decerne, and pronouncit the decreits, perqueyre, in defalt of scrybis; and had ane ordinar stipende of the Commownis thairfoir, and was as ane procuratour and defendar of thair richtis and commownwelth. And sensyne thai haue had na Lawrichtman bot men of the Lairdis awin inputting to vse the said office, quha with new cuttellis, bismeiris, and cannis maid by the just met, mesour, and wecht, vsit of befoir, be the Lairdis command and causing, hes hurt the Commownis grittumlie. And nocht onlie be the saidis wrangus wechtis, mettis, and mesouris, bot alswa be the handis that weyit and mesurit the saimen, and in speciale maist be the hand, swa that of everie pact of wadmell, quhilk contenis thre scoir of cuttellis, he tuik fra thame mair nor the just ten cuttellis, swa that quhair he suld haue had bot thre scoir of cuttellis, he tuik fra thame three scoir ten cuttellis.
The Aught day of Februar, the zeir and place foirsaid, the Inhabitantis and Parochinaris of Brassay beand ressauit, sworne, and examinit vpoun the foirsaid First Article, quhais names followis—
Thir foirsaid persounis examinit vpoun the First Article befoir writtin, ar conforme to the formar deponaris anent the ressait of the wadmell be the Laird of Cultemalindeis ressavearis; and farther, giff thair was na mair tane of thame, be the cuttell and the handis, of wadmell, thair was na less. And that of ane pack quhilk was of the wadmell of Weisdaile, quhilk suld be bot thre scoir of cuttellis of just mesour, thair was thre scoir and fyftein cuttellis tane, swa thair was fyftein mair nor aneuche; as the mettar thairoff, Magnus Leslie, confessit in presence of the Commissionaris; and the said Magnus and the haill Commownis confessis that thai war compellit be the Laird and certane his servandis beand present, to met sa largelie, and durst do na vtherwyiss for feir of him; and thai afferme, that he ressauit with ane mesour fra the Commownis, and delyuerit agane with ane less mesour to the merkat.
The Nynt day of Februar, the zeir and place foirsaid, the Inhabitantis and Parochinaris of Nesting, Lunasting, Quhalsay, ressauit, sworne, and examinit upoun the foirsaid Article, quhais names followis—
Quhilkis persounis, inhabitaris of Nesting, Lunasting, and Quhailsay, examinit vpoun the First Article, deponis anent the Lawrichtman, the ressauing of thair wadmell, and the wrang done to thame thairintill, conforme to the formar depositionaris in all thingis.
The Ellewint day of Februar, the zeir and place foirsaid, the Inhabitantis of Goldberwyk, Quharf, Trondra, and Burray, beand ressauit, sworne, and examinit, vpoun the first foirsaid Article, quhais names followis—
Thir foirsaidis persounis examinit vpon the First Article anent the Lawrichtman and the ressait of the wadmell, ar conforme to thame that hes deponit affoir; and affermis, giff thai tuik na mair of the wadmell thai tuik na less, and that be the large and wrangus gripping of the handis that mett the saimen, done at the Lairdis command; ffor quhan thai complanit of him of the wrangus mett, he said, it was na velvat, swa thai gat no vther remeid, bot quhan thai held the wadmell in thair hand to haue gottin richt mett, thay wald giff thame ane straik on the hand with the cuttell to gar thaim lat it gang.
The Tuelft day of Februar, the zeir and place foirsaid, the Inhabitantis of the Skerries, of the Ylis of Zell, Fetlar, and Vnst, ressauit, sworne, and examinit vpon the First foirsaid Article, quhais naimes followis—
Thir persounis immediatlie aboue writtin examinit, affermis, all in ane voce, concerning the Lawrichtman, the mesour, and the hand in the intaking of the wadmell, conforme to thame that hes deponit of befoir vpon the First Article.
The Fourteint day of Februar, zeir and place foirsaid, the Inhabitantis of the parochin of Delting and Scatsta ressauit, sworne, and examinit vpon the First foirsaid Article, quhais names followis—
Thir persounis immediatlie aboue writtin, examinit vpon the First Article, concerning the Laurichtman of this parochin, thai all afferme that Nichole Hardwall was thair Laurichtman, bot in the Lairdis tyme he gat na place to use his office, nor to delyver the wadmell as he aucht to haue done, bot the Land causit vtheris of his awin chesing to met their wadmell fra the Commownis; zit nevirtheless the Commownis war compellit to pay the Laurichtman his accustomit fee zeirlie, albeit he gat na place to do his office. Thai ar conforme to the formar deponaris anent the wrang of the mettein of the wadmell, with this additioun, giff ony of thame wantit ane cuttell of wadmell of his dewitie, the Laird compellit thame to pay thairfoir twa schillingis Scottis; and giff thai had ane cuttell attour thair dett vpon the end of their wob or mair, he wad not giff that superplus of to thame, bot wald giff them twa s. for ilk cuttell that thai had owr thair dett; and sum tyme wald tak it and gif thame na thing thairfoir.
The Fyfteint day of Februar, the zeir and place foirsaid, the Parochinaris of Northmaven ressauit, sworne, and examinit vpone the First foirsaid Article, quhais names followis—
Thir persounis, Parochinaris of Northmaven, examinit; thai ar conforme to the formar deponaris anent the wrangus ressait of the wadmell fra thame be the Laird and his doaris; als thai grant that thai had ane Lawrichtman, callit Dauid Tulloch, quha gat na leiff to vse his office, quharthrow thai war grittumlie hurt.
At Tingwall, the xvi day of Februar 1576. The Induellaris of the parochinaris of Wawiss, ressauit, sworne, and examinit vpon the foirsaid First Article, quhais names followis, with the pendicle thairoff callit Papa—
Quhilkis persounis, immediatlie befoir writtin, examinit vpon the First Article; thai ar agreeable concerning the Lawrichtman, and the vsing of his office to the formar deponaris of Delting and Scattstay; and siclyk anent the delyuering of the wadmell, in all poyntis.
The xxj day of Februar, the zeir and place foirsaid, the Parochinaris of Sandsting and Aythsting, ressauit, sworne, and examinit vpon the First foirsaid Article, quhais names followis—
Thir persounis, immediatlie preceding, examminit, vpon the First Article thai ar aggrieable in all things, conforme to the formar deponaris.
The foirsaid xxj day of Februar, the zeir and place foirsaid. The Parochinaris of Dunrostnes, ressauit, sworne, and examinit vpon the First Article, quhais names followis—
Thir persounis immediatlie aboue writtin, examinit vpone the First Article; thay ar conforme to the formar deponaris, with this additioun, Erling of Bw, Lawrichtman of Dinnrosness hes testifeit, in presence of the Commissionaris, that he broucht at dyuerss tymes, twa sindrie cuttellis of just mesour, to haue delyuerit the wadmell of Dunrosness thairupon, conforme to his office, bot the Laird of Cultemalindie refusit outher to lat him met, or zit to lat the wadmell be mett with his cuttell: Quhairfoir the said Lawrichtman, seing he was refusit, in sing of the disobedience and wrang that was done, in presence of the haill Commownis, he brak his cuttellis and requyrit the haill Commownis witness heiroff.
The Secund Articule of the Generale Complayntis giffen in befoir the Regentis Grace and Secreit Counsale be Arthour Sinclair of Ayth, as eftir followis—
Secundlie, The said Laurence hes compellit us to pay the dewitie of our buttir on his wecht, callit the Bismeyr, ffor ilk twelff lespund buttir quhilk was payit of auld, fyftein lespundis, swa that we ar compellit to pay the fyft pairt of our dewitie of buttir mair nor was ever payit of befoir.
The foirsaidis Parochinaris of Tingwale, Quhytness and Weisdaill, sworne and examinit befoir the Commissionaris, day, zeir, and place foirsaid, vpon the Secund Article, deponis as followis—
Thay depone, that the thrie zeiris bypast, viz., Jm Vc Lxxij, Lxxiij, and Lxxiiij zeiris, thair was tane fra thame be the Laird and his weyaris, for everie just lespund quhilk extendis to xxiiij merkis, thay tuik fra thame be wrang wechtis, and be the handis that weyit, thretty merkis. Bot this last zeir of Lxxv zeiris crope, thai depone that thai war relevit of the ane halff of the wrang wecht, swa that thai payit bot xxvij merkis this last zeir for the lespund, quhilk was bot thre merkis mair nor just of ilk lespund.
The foirsaidis Parochinaris of Brassay, sworne and examinit befoir the saidis Commissionaris, day, zeir, and place foirsaid, vpon this Secund Article, deponis as followis—
Anent the ressait of thair butter, thai are conforme to the men of Tingwall, Quhytness and Weisdale, formar deponaris vpon the said Secund Article; with this additioune, Erasmus of Kirkbustare, quha was Laurichman of Brassay in tyme of vmquhile Olaw Sinclair of Avera, Fowde of Zetlande, testifyit in presence of the Commissionaris, that he ressauit ane bismeyr, quhilk Williame Vrwing of Trondra maid, be the haill consent bayth of the Fowde and Commownis of Zetland; quhilk bismeyre he hes keipit neir xxx zeiris bypast, quhilk was haldin ane just bismeyre, ay and quhill the Laird of Cultemalindie enterit Fowde; bot sensyne the Laird hes refusit to ressaue ony buttir vpon that bismeyre, but causit ane new bismeyre to be maid, transmonting sax, sewin, or aucht merkis mair, betuixt the wecht and the hand that weyit, nor that auld just bismeyre was; and he hes continewit sen his entress to ressaue the buttir on that maner, except this last zeir, quhair in the ressait of the buttir, he diminissit ane pairt of the wrang wecht to the quantitie of twa or thre merkis of euery lespund that he had wount to tak in the zeiris befoir, bot zit he come not to the just auld wechtis be thre merkis at the leist, as the formar deponaris has declarit. And als the foirsaidis parochinaris affermis, that the Laird gart serse out the grittest bismeyre that was amang the Duchemen; and quhan he had gottin the same, the quhilk was thre or four merkis mair nor just, zit he wald not ressaue the buttir thairupoun, bot upon his awin bismeyre, quhilk he had gart mak; quhilk was twa or thre merkis mar of everie lespund nor the grittest bismeyre that was amangis the Duchemen.
The foirsaidis Parochinaris of Nesting, Lunasting, Quhailsay, Skerreiss, Burray, Trondray, Quharff, Goldberwyk, Vnst, Fetlar, Zell, Delting, and Scatsta, Northmaven, Wawiss, Sandsting and Aythsting, and Dunrostnes, sworne and examinit befoir the saidis Commissionaris, dayis, zeir, and place befoir specifiet, respectiue, vpon the Secund Article, deponis as followis—
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 Jm Vc 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.