Part 11

Tenthlie, It is complenit be the foirsaidis auld Lawrichtmen, that quhair affoir the Lairdis entres, be the law and consuetude of the cuntrie, the unlaw of blude, efter the quantitie of the hurt, was dempt be the discretioun of the assyiss, the twa part to the pairtie, and the thrid to the sheriff. But sen the Laird was Fowde, he hes gart decerne the unlaw to the sheriff, and nathing to the partie. And giff ony thing be dempt to the partie for the blude, thai get na payment thairoff, nor can get out the decretis to obtein the same be, for na payment fra his clerkis. nowther in actiounnis of blude nor na vther actiounis ciuile or criminaile, without grit difficultie. And attour, it is hevelie compleint be the said Lawrichtmen, that quhen and how oft the Laird depairtis furth of the cuntrie toward the south, he leiffis na depute nor deputis behind him to minister justice in the cuntrie, and to keip gude rewill and ordor thairin till his returning, bot dischargeis all underfowdis in thair particular parochinis, of executioun of thair offices, until his returning, as said is. The quhilk Article and Complaynt the haill multitude of the Commownis above specifiit, ressauit, sworne, and examinit, deponis to be of veritie.

Ellewintlie, It is lamentit be the said auld Lawrichtmen, that quhairas of the law and consuetude of the cuntrie in all tyme precedand the Lairdis entres, the Comownis payit thair dewities, callit Wattill, upone thair Lawrichtmanis bismeyre, be ane nummer and calculatioun callit merkis. Quhairas the Laird now compellis thame to pay the same in gudlin-taill upon the Dutche bismeyre, quhilk is thre or four merkis mair nor just; and swa of everie sewin merkis of wattill that thai pay in dewitie, thair is nyne schillings Dense mair tane fra thame nor thai aucht to pay. Quhilk alswa provin be the foirsaid Comownis.

Twelftlie, It is lamentit be the said Lawrichtmen, that quhairas befoir the Lairdis entres in the office of Fowdrie, gif the Duchemen lay upon ony grund, and held buyth thairon, the man that aucht the grund, or had the same for dewitie paying, was wount to gett for the grundleiff ane barrell of beir, or ellis ane barrell of meill. But sen the Lairdis cumming, he has tane the same to him selff, and will giff thame na recompenss thairfoir. And siclyk, quhair affoir the Lairdis cumming, at the cowp settein of everie schip and merchannis wairis thairoff, it was the use that the Comownis of that pairt or yle gat ane cowp barrell of beir at the said cowpsetting. Bot the Laird, sen his entres, at dyvers places and tymes, hes dispenst with the Duchemen thairfoir, and causit the Comownis to want the said cowp barrell. And how oft that ever thai have gottin it, quhen the beir was drunkin, the Laird tuik the tume tre to him selff, quhilk was ay the Comownis awin of befoir. Quhilk compleint the Comownis foirsaid hes proven to be of trouth.

Item, Quhair as the haill Comownis of the cuntrie, quhair thai wantit servandis, and culd get nane to fee in the yle or parochin quhair thai dwelt, throw derth and scarssness thairoff, in that case thai had libertie to pass to vther yles and parochinis of the cuntrie quhair aboundance and sufficient number of servandis was, and fee servandis to thair lawbour all tyme befoir the Lairdis cumming thair. Notwithstanding, sen his cumming to the office, he has inhibit thame, under pecuniare panes, to do the same, to thair grit hurt and scayth. And quhair thai contraveine his said inhibitioun, he takkis up the said pane with all rigor; lyk as he did to James Spence, indwellar in Zell, becaus he past furth of Zell to Fetlair, and feit ane servand thair, and broucht him hame with him, and fra tyme the work come in hand, the servand was tane fra him, and he compellit to pay to the Laird thre dolouris thairfoir. This provin be Edwarde Odsta in Fetlair, Williame Magnusson in Unst, Williame Spence, and David Spence in Zell, quha affirmes that thai saw the silver delyverit in Magnus Nubiebakis zairde in Zell.

Item, It is complenit be the maist part of the Comownis of Zetland, that thai ar oppressit and wranguslie handilit be the Kirkmen and thair factoris, and specialie in the paying of thair corne teynd; that quhair thai wount of auld use and custome to pay for thair corne teynt, equivalent thairoff in fresche fische or hard butter, ulie, or sic vther mony wourthis as thai might furniss, because of the scarsitie of cornis, quhilk thai payit zeirlie in maner foirsaid. Quhill laitlie that new vicaris and factoris are placit in the cuntrie, sic as James Hay, Mr. William Lauder, Barthol Strang, Andro Giffart, quha hes abolesit and put away the auld use and consuetude of payment in maner foirsaid, and compellis thame now to pay butter and ulie allenarly upoun the grit and new augmentit weyis and messouris, or ellis pryces according to thair plessure, quairthrow thai ar hevely hurt and dammageit zeirlie. Thairfoir thai desyir that thai be brocht to the former use of payment, or ellis to ressaive fra thaim zeirlie, at dew tyme, thair corne teynd itself in the scheiff. And gif thai refuse to do that, that thai may have libertie to teynd thair cornis be honest men, and sett it aseid, and intromitt with their awin stok.

HEIREFTIR THE PARTICULAR COMPLEINTIS followis, giffin in befoir the Commissionaris, place, zeir, and dayis respective before specifiit—

In the first, the Comownis of Fetlair—to wit, Nicholaus Patersoun in Crocebustare, Magnus Spailman, Olaw Gregoriussoun, John Patersoun—complenis upon the Laird, qua tuik fra thame for ane pece of see-drewin tre, of twa faddoumis lenth, estemit be estimatioun and valour of nyne s. allanerlie, the sowmes respective following, quhai nowther summond, callit, nor dempt. First, Nicholaus Patersoun foirsaid, was poyndit and compellit to pay fyve dolouris to the Laird; his brother Johne in Crocebustare was compellit to pay aucht dolouris. Magnus Spailman was compellit to pay aucht dolouris. Olaw Gregorsoun and his twa brotheris war compellit to pay amang thame nyne dolouris. This cleirlie provin be the haill rest of the nichtbors of the Yle foirsaid.

Item, The Comownis of Fetlair efter following, hevelie menis and complenis, that quhair thair haill sustentatiounis and lyvis fude (specialie in the tyme of winter, quhen thai dar not travell to far seis in fisching, for storms of weder upon thair small scaffis) consistis on thair fisching within the bayis and soundis adjacent to the said Yle; and quhair thai had libertie in all tymes precedand the Lairdis entres to the office of Fowdrie, to fisch thair but interruptioun or impediment of all Fowdis, his predecessoris, with small lyne, gritlyne, or handlyne, at thair electioun and plessour. Notwithstanding the Laird of Cultemalindie, in this present zeir of 1576 zeir of God, hes tane fra the persounis following, the sowmis of monie respective heirefter specifeit, because thai usit thair auld use and consuetude of fisching in the places foirsaid in the tyme of winter, quhen thai micht not travell to far seis. That is to say, fra Magnus Burgar and his boitmen fyve gudlinis, Magnus Gregorsoun and his cumpanie fyve gudlings, Johne of Northdaill and his boitmen fyve gudlinis, Thomas of Vailzie and his companie fyve gudlinis; Thomas Navar and his mairow fyve gudlinis, Ninian of Sandis boit fyve gudlinis, John of Burghis boit fyve gudlinis, Nichole Scot in Snaburgh fyve gudlinis, Edwarde of Odstais boit fyve gudlinis, David Frakasettaris boit fyve gudlinis, Stephane in Ureis boit fyve gudlinis, and Patrik of Ureis boit fyve gudlinis; quhilk fyve gudlinis is ay payit be twa dolouris and ane halff, or than ane angell nobill, and bot twa or thre puire men at the maist in ilk boit that payit the said unlawis. And hes maid ane new statute for all tyme cumming, that nane sall fische thair in tyme of winter, with small lyne or grit lyne, under the pane of pecuniar sowmes. And swa sen the makking of the said act, na man dar fische thair, and it stud thame on thair lyveis fude. This provin be the residew of the said Yle befoir specifeit.

Item, It is complenit anent ane unlawful inovation and custome raisit up be the Laird, sen his cumming in the cuntrie, upon certane the inhabitaris of Zetland, quha had schippis of thair awin, and travalit thairwith to Noroway, and broucht hame tymber and boitis to furneis the cuntrie for the payment; the Laird allegeand that thair was ane act maid that nane suld sell boitis nor tymber bot upone ane certifeit pryce, and allegeand that thai had brokin the said act in selling deirar thair boitis and tymber to the Comownis nor the said allegit act proportit. And the persounis heirefter following affirmis, that thair was never ane act maid, at the leist was never intimeit to thame. Notwithstanding the Laird compellit thame to pay to him, in name of penaltie and transgressioun of his said allegit act, the sowmes of monie following, without dome or law—to wit, fra Peter Neisbett twelff dolouris, fra Henrie Spence nyne dolouris, and fra Johne of Windeis ane barrell of buttir, pryce thre angell nobillis and ane halff. This provin be the haill nichtbors foirsaid of the saidis thre Yles of Fetlair, Unst and Zell, to be of veritie.

Item, Johne Fresser, indwellar in ane litill yle, callit Hoscasay, appropriat to the Fowdrie of Zell, haveand twa merkland in heritage in the Yle of Fetlair, and becaus he was absent fra ane court haldin be the Laird in Fetlair, and gat na warning thairto, nor zet was he in use to anssuer thair, bot at the court of Zell. Nevertheless the Laird tuik his ox fra him thairfoir, na dome or law giffin furth thairupoun. This confessit and affirmit to be of trouth be the haill inhabitantis of Fetlair and Zell foirsaid, before the Commissionaris.

Item, Henrie Spence in Zell, had ane servand, quhat at his masteris comand past to his masteris scheip cruiff, and markit his masteris lambis upon his merk. And of eventime thair was ane lamb of the vicaris in the cruiff, quhilk lamb the servand unwittandlie markit upon his masteris merk; and immediatlie thairefter he perseiveand that it was the vicaris lamb, schow him thairoff, and offert to the vicair ane unmarkit lamb thairfoir; and this was done xxx zeirs syn or thairby, quhen Olaw Sinclair was Fowde; the said Olaw thairefter cummand to the Yle, gettand knowlege of the same, tuik tryale thairoff, and fand that it was done of negligence ignorantlie, and thairfoir remittit it. Nevertheless the Laird enterand to the Fowdrie, and gettand knawlege thairoff, compellit the said Henrie to giff to him thairfoir, threttie dolouris, but dome or law. This provin to be trew be the haill Comownis foirsaid of the Yle of Zell, present befoir the Commissionaris.

Item, Nicholaus of Culzevo, and Garth of Ulsta, complenis upon the Laird, that at his first entrie, he compellit thame to tak the office of Underfowdrie of Zell upon thame conjointlie, and gart the said Nicholaus giff him thairfoir sax dolouris, and the said Garth ane silver spune quhilk coist him aucht gudlinis; notwithstanding, quhen ever thai held court or decreit in executioun of thair office, thai war dischargit by my Lord of the office; and immediatlie efter thair discharge, thai past to the Laird, and desyrit to have had thair zopindaleis and silver spune agane, quhilk he refusit. Bot the zeiris thaireftir, be offerit to mak thame Underfowdis, quhilk thai refusit, because of the first discharge, swa that thai want the silver and spune as zet, and can get na recompense thairoff.

Item, lykwyiss Edwarde of Odsta, indwellaire in Fetlair, complenis upon the Laird, that he wald have compellit him till have acceptit the office of Underfowdrie of Fetlair upon him, quhilk he refusit, becaus he was not qualifeit thairfoir; and to eschew the Lairdis yre in refusing of the same, till have his favor, and be relevit of the said office, he gart the said Edward giff him ane ox. Thir twa concerning the office of Underfowdrie provin befoir the saidis Commissionaris be the nichtboris of the saidis Yles befoir specifeit.

Item, Olaw in Hellzness, indwellar in Fetlair, haiffand licence of his nichtbouris to pasture his gudis in his gerss, tedderit sum gudis of his thairintill; and the Underfowde cummand by upon accident, persavit his gudis in his nichtbouris grund, maid arreistment upon thame, na intimatioun thairoff maid to the said Olaw that aucht the gudis, nor zet to his servandis that kepit thame; and the Laird gettand knawlege that thair was arreistment maid, but calling or pursewing of the said Olaw thairfoir, and na dome nor law passand thairupoun, poyndit him, and compellit him to pay fyve dolouris for the said pretendit arreistment.

Item, Magnus Johnsoun in Uredaill, Williame Johnsoun in Tow, Erasmus in Sinbustar, Gelis in Burgh, Magnus Erasmussoun, indwellaris in Burray, and Margrett Yirewing, ane puir wedo, indwellare in Trondra, complenis upon the Laird and his officiar, James Espline, quhay at his cumand hes chargit ilk ane of thame to pay thre dolouris to the Laird, becaus thai came not to cast peitis, till ane rewme callit Papill. And they allegeand that thai war never in use of sic service, nor was not callit ordorlie, nor dempt in the said pane, thairfoir refusit to anssuer the said officiar thairoff. Nevertheless, by order of law, the said James Espline, at the Lairdis comand, has poyndit fra the said Magnus Johnsoun, Williame Johnsoun, and Erasmus in Sinbuster, fra ilk ane of thame, thre zopindales, and the vther thre ar lyand under the daunger of poynding for alsmekle, ilk person. And the foirsaid persounis hes provin be the rest of the nichtbouris of the said Yle of Burray within written, that thai ar poyndit in maner foirsaid, and als hes causit to call certaine of the assyiss that the Laird had upon his Court to declair giff sic thingis was dempt be thame or not, befoir the Commissionaris, viz.—Swaine in Brindista, Marten in Sound, Magnus in Sound, John Thomassoun in Sound, Nichole Hutchissoun in Eister Quhairff, Nichole Swainsoun in Utrabustar, Magnus in Uradaill, Olaw Yirewing in Troindra, David Sinclair in Hugoland, James Sinclair in Northbustar, Robert in Clett, Richart Sinclair in Branxaclett, Magnus Symoundsoun in Burgh, and Magnus in Brek: Quha beand sworne upon thair grit aythis, deponit, that thai never voted anent the unlaw foirsaid of peitis casting, nor had never decreit, pronouncit, nor red thairupon.

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

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

Item, Nicholaus Johnsoun beand upon the assyiss in ane Court haldin at Sandness this last zeir efter Lammess, said to Harie Bruce, that quhen he votit upon the assyiss, he had mair mynd to wyn geir nor he had of his saull. And Harie Bruce takand witness of his speiking, summound him to the Varding, to underlie the law for the same, and pursewit the man, swa that he was glayde to aggrie with him, and be quyt of his cummar, and gaif him sax gudlinis. And swa the honest men of the cuntrie that is upon the assyiss dar not voit bot as the Lairdis men requyris thame. And this provin be the haill nichtbouris of Papay.

Item, Anent the complaynt giffin in be Magnus in Quhytnes in Wawiss, upon the Laird of Cultemalindie, that quhair he compellit him to tak certane land agains his will, efter that his takkis was run furth, and becaus he wuld not wone the land, the said Laird causit Laurence of Grunzevo cum till hous, and poynd fra him twa oxin and ane kow. Quhilk oxen war prysit to nyne dolouris and the kow to ane dolour. And becaus he was indigent of silver (except ane dolour that he had, quhairwith he lousit the kow), the oxen was tane fra him for ever, swa he wantit at that tyme the sowme of ten dolouris be plaine oppressioun, this present zeir 1576 zeiris. And this provin be the haill parochin of Wawiss within specifiit.

Item, It is hevelie lamentit and complenit be Magnus Leslie of Ayth, upon Laurence Bruce of Cultemalindie, his servandis and complices, that quhair thai come to his houss of Ayth in Brassay, in the month of Januar, the zeir of God I^m V^{ct} lx zeiris, he beand in his awin houss with his wyff, servandis and bairnis, under sylence of nicht, his wyff beand bot aucht dayis efter her delyverance lyand in chyldbed lair, and thair put him selff, his wyff, bairnis, and servandis furth of the houss and biggingis; and placit his servandis and suddartis thairin under his principall captain, Thomas Boyne, quha was the slaar of Alexander Duff in Strabogie, and of Patrik Wynrahame in Zetland, to the number of xv or xvi suddartis and boyis, quha remanit still at the said houss als lang as the Laird was in the cuntrie, be the space of nyne or ten dayis; and in the meyntyme speindit and waistit his meit, dreink, fische and flesche, buttir and cheis, and all vther provisioun that was within his houss. And at thair depairting, spulzeit and away tuik with thame fra his houss and feildis that was thairin, or that thai culd appreheind, that is to say, twa barralis of new aill, and ane half barrell of auld aill, ane barrell of malt of nyne setteins wecht, ane barrell of ait meill, and ane hogheid of beir meill, foir lesspundis of butter ryndit with hinnie, two coigges full with vther four lesspundis of salt butter, aucht lesspundis of talloun, fyve scoir of maid candill, extending to twa lesspundis of talloun, sewin reistit muttounis, ane reistit swyne, that coist twa lesspundis of butter, tane and spulzeit furth of his ness be thame xv wedderis, sax gryiss, sax or sewin foulis that was gangand about the houss, ane ox quhilk thai slew, quhilk coist foir dolouris, ane barrell of salt beiff, with certane hard fische, xvi elnis of keltar, ane pair of dowbill blankettis, ane covering of ane bed, ane dublitt of cramesie of the said Magnus, ane black cowal quhilk coist ane crowne of the Sonne, thre cristale stains set in silver, of the Dutch fassoun, ane kettill of copper, ane cag with twelff pundis of saip, with thre flahattis of came, certain tyn cannis and tiem stoupis, half ane barkit hyde, ane cag with certane hunnie in it, and this by crusis, piggis, stalis, coppis and bikkaris, togidder with all his servandis clothing, sic as cassies, breikis, doublatis. And attour all this, or ever the Laird wuld suffer him to returne hame agane to his awin houss, he compellit him to borrow fra his nichtbouris twentie dolouris, quhilk Harie Bruce ressavit fra him at the Lairdis comand. And quhen he, his wyff, barnis, and servandis returnit to thair awin house, thair was na maner of meit, dreink, clothing, nor vther geir left to sustein thame, quhill he behovit to borrow fra his nichtbouris wyff ane lesspund of meill to sustain his wyff and barnis on. Mairattour, the said Magnus complenis upon the said Laird, that quhair he had ane steding, callit Sater, lying in Brassay, of four merk and ane half land perteining to the Kingis Grace, quhilk he possessit xxiv zeirs or thairby, for the quhilk he had payit males, gerssowmes, and all dewities, conforme to the rentale thairfoir, lykas he had payit for the gerssowm thairoff to the Laird in the lxxii zeiris of God, for the thre zeiris thairefter to rin, twa dolouris: nevertheless, quhen he had gottin bot ane zeiris crope thairoff, he put him furth of the same, and tuik new gerssowm fra his broder, Andro Leslie, thairfoir, ejectand the said Magnus and enterand his said brother thairto, quhilk he hes wantit sensyne, to his grit dammage and scayth; desyris that the Regentis Grace and Lordis of Secreit Counsale wuld causs him be recompensit of his scaythis above writtin.

This complaynt is provin to be of treuth in all pointes, be John Smyth, Magnus Lawrencesoun, Christopheir in Grindiscall, Thomas in Kirkbustar, Duncane Inksettar, Erasmus Robertsoun, and John Robertsoun, with the rest of the inhabitaris of Brassay. Bot thai ar incertane of the geir and quantitie thairoff befoir specifeit, contenit in his houss the tyme foirsaid, bot thai knaw perfytlie, that thai usit all that was thairin at thair plessure, and at thair depairting, left nathing thairin but bair wallis.

Item, Ane Bill of Complaynt giffin in be Andro Hawyk of Scatstay, upon the said Laurence Bruce, as the particulair thairoff beiris in it selff.

Item, Ane Bill of Complaynt giffin in be Barthole Strang of Voisgarth, aganis the Laird, as the tennour of the same beirs in it selff.

Item, Ane Complaynt giffin in be Andro Fairlie upon the Laird, as the Bill thairoff proportis in it selff.

Item, Ane Complaynt giffin in be Gawane Gadie, as his Bill maid thairupon proportis.

Item, . . . . . . . . . . . . . . . . . .

HEIREFTER FOLLOWIS CERTANE PARTICULAR COMPLAYNTIS GIFFIN IN BE ARTHOUR SINCLAIR OF AYTH, AGANIS THE LAIRD OF CULTEMALINDIE, CONCERNING THE WRANGIS DONE BE THE LAIRD AGANIS THE SAID ARTHOUR.