Part 10

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.

The Parochinaris of Wais, concerning this Article, deponis, that quhen the Laird come throw thair parochin, giff the werst boy that was in his companie gat not ane horss to ryde upon, the Laird wald gar thame that refusit pay xl s. thairfoir of Zetland payment. And the Lairdis boyis that buir gunnis or vther grayth, compellit the honest mennis servandis, and giff thai had na servandis, compellit thame selffis to beir the gunnis and grayth, sa far as thai had to pass. Magnus Erasmussoun in Kirkagairth, and James Bie in Stopness, complenis upon the Laird, quhairas he causit thame to fuire frae Wais to Papay at Burray, certane lammis, quhairoff twa deit be the way, for the quhilk the Laird gart thame pay twa lammis agane. And becaus thai zeid not at the first charge, he poyndit fra ilk ane of thame ane kow.

Dunrosnes deponis anent the unlawis for flitting and fuiring with horss and boitis, within thair parochin, that the Laird causit poynd thir men following, albeit at thair horss was ridden with his companie, viz.—Magnus of Watbustar was poyndit and payit thre dolouris and halff ane gudling. Olaw in Clapwall was poyndit and payit thre dolouris and halff ane gudling. Magnus in Wastous was poyndit and payit twa dolouris and halff ane gudling. Erasmus of Flattabustar was poyndit and payit thre dolouris and halff ane gudling. Olaw of Flattabustar was poyndit and payit thre dolours and half ane gudling.