Part 13

WILLIAME HENDERSONE, Dingwal Pursewant, Commissionar to the process foresaid, with my hand.

The Copie of THE COMPLAYNT quhilk was givin in befoir THE REGENTIS Grace, be ARTHOUR SINCLAIR of Ayth, contrair the Laird of Cultemalindie.

“MY LORD REGENT. Unto your Grace and Lordis of Secreit Counsale, humlie meins and lamentablie schewis I zour servitour, Arthour Sinclair of Ayth, for myself, and in nam and behalf of the remanent Gentilmen and Commonis and Inhabitantis of Zetland, That quhair that efter the cuming of Lord Robert Stewart, feware of Orkney and Zetland, to the dominioun of the saidis cuntreis, Laurence Bruce of Colpmalindy obtenit of him the office of Fowdrie of Zetland. And schortlie efter the said Laurence enterit to the possession of the said office, he himself, his servandis and complices in his name, of his causing, vsit sic divers wrangis and extortionis upoun us, contrair the lawis and auld custume of the said cuntrie; and specialie, it was the auld use and custume of Zetland, observit in all tymes bygane, that thair was ane discreit man of ilk parroche, by the rest, callit the Lawrichtman, quha meisourit our dewitie, callit Wadmaill, and weyit our dewitie of butter. And now the said Laurence hes causit ane of his awin chesing to do the same, contrair our lawis, to our grite hurt, in samekill that the said Laurence hes continewalie, sen his entrie thairto in the month of May or thairby, the zeir of God I^M V^c lxxi zeiris, uptaking land maill and dewitie, callit Wadmaill, with ane wrang messour, swa that for ilk thre scoir Cuttell quhilk we aucht to haif pait, he hes compellit us to pay four scoir cuttell wadmaill, and swa hes augmentit us the fourt part of our dewitie.

“Secundlie, The said Laurence hes compellit us to pay the dewitie of our butter, on his wecht callit the Bismar for ilk tuelff lespound butter quilk was pait of auld, fyvetene lespund, swa that we are compellit to pay the fyvt part of our dewitie of butter mair nor ever was pait of befoir.

“Thirdlie, The said Laurence hes, sen his entrie foirsaid, compellit us to pay our restis and dettis, and deliver him siluer zoupindaillis for twa gudlingis, quhair as the same hes common courss in tymes by gane, and was ressauit for thre gudlingis be all fouldis preceding this twa hundreth zeiris bygane.

“Fourtlie, The said Laurence hes compellit the Duchemen and otheris strangearis resortand to the cuntrie of Zetland, be quhome the haill trafique of the said cuntrie consistis, to pay him alsmikle dewitie, be way of brybrie and extraordinar impostis, as they wer wont to pay of befoir to our Souerane Lord and his Fowldis, for his Hienes toll and custume. Quhairthrow the said straingearis qua furnissit us all victuallis, clayth, irne, hemp and vtheris necessars, are appeirand to absteine fra trafique in our said cuntrie, lyik as the principall men of thame hes els done, and that for the oppressioun committit upoun thame, to our grite scayth, without remeid be maid in tyme:

“Fyiftlie, In his accustomed maner, efter his arryvaill in Zetland, with fyfteine or sexteine armit men, cummis to the housses of us the Inhabitantis of the said cuntrie, and remanis thairintill quhill our victualis and provisiounis be speindit, compelling us to furneis him and his company, for feir of grittar oppressiouns; and swa depairtis but paiment of any expenssis and chargis maid be him and his dependaris to us or ony of us, and that in maner of sorning and skafrie, to our wrak and heirschip, we beand for the maist pairt all lawbouraris and fischaris.

“Sextlie, The said Laurence, contrair the custume of our said cuntrie, and lawis of this realme, hes at all tymes sen his entrie, causit courtis to be fencit and haldin within the feriat and cloiss tyme of hervist and vacance, for his particular profit: quhairthrow we micht not wait upoun our hervist, for winning of our cornis, hay, and uther necessaris to sustene us in tyme of winter: and lyikwyiss causit diverss of his servandis and suddartis, quhilk ar not native nor indwelland men of our cuntrie, to pass upon our assysses and inqueistis, contrair our lawis and custumes, perverting thairthrow our haill lawis to his particular comoditie.

“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.