Part 6

He had, however, influence to obtain another renewal of his grant (1st March 1601), with powers and rights even more extensive, and in spite of unanswerable evidence, Court favour had quashed at least one alarming Bill of Indictment against him (1606). But even the unjust Judges of Scotland were at last wearied by the continual coming of Complainers of every kind, nation and degree, and at this crisis of his fate, he provoked another powerful enemy to join in the combined attack which ended in his ruin.

Earl Patrick had enjoyed the temporalities of the Bishopric for many years undisturbed, but the appointment of James Law to the long vacant See (28th February 1605–6), alarmed him for his possession, and he hastened to secure it by new contracts with the Bishop, sanctioned by the King as a temporary arrangement till he should redeem the Bishopric by a rental of £3000 in England (17th November 1606). The Earl had never shown much regard to an obligation, and now overwhelmed with debts, and pressed by Creditors, he was unable, if willing, to fulfil his contract. By unpunctuality, evasion, and insolent refusals, he drove the Bishop to throw his great talents and commanding influence into the common cause of his many enemies, and Law’s rank and character necessarily placed him at their head. Even the Anglo-Scottish Court of James VI. could not resist the Bishop’s just claims, well supported charges, and representations of treason, misrule and inhuman oppression, and on 27th December 1608, Earl Patrick was summoned to Edinburgh, to compear on 2nd March “to answer to the Complaintis of the puir distressed people of Orknay.” It is possible that Bishop Law was sincere in his sympathy for the Earl’s victims; but his Rental of 1614 is as grasping as the worst of its predecessors, and his own day of unlimited power was marked by no redress or relaxation of the bonds of iniquity.

Earl Patrick’s subsequent fate, his long imprisonment, his base repudiation of the son who had risked and lost life and all to serve and save him, and his trials and execution for treason as a subject, not for tyranny as a ruler, have been too amply illustrated elsewhere to need notice here. The consequent forfeiture of the Earldom and annexation of all the lands and rights in the Islands—the excambion and redistribution of Orkney and Zetland into Earldom, Bishopric and Lordship, and the final abrogation of the native laws—might give interest to this Sketch, but would extend beyond its limits of time or subject. The demands of Denmark, and evasions of Scotland, relative to the redemption and restitution of the Islands, would also be a curious and cognate inquiry, which, with many others of this unexhausted theme, must be left for a future time and another hand. Each subsequent century has had its characteristic type of oppressors, wrongs and victims, feudal, fiscal or judicial. By no course of action, resistance or submission, could the Islanders escape from legalized extortion. They gave Montrose 2000 men and £40,000, and the Commonwealth exacted 300 Horse and £60,000 (1650). Again, they raised another Regiment and Contribution for Charles II. (1651); and he rewarded their loyalty and their sufferings by a further exaction of £182,000, in 1662, and then surrendered the Islands to the tender mercies of the Earl of Morton, the worst King Stork of all the Donataries.

Could Britain prove the abandonment of one exaction, the redress of one oppression, the restitution of one item of official plunder, she might treat the complaints of Orkney and Zetland as bygone and antiquated grievances. But she still enforces every exaction of Tulloch or the Stewarts by a Standard even higher and heavier than theirs—still imposes the double burden of British Cess and Norwegian Skatt with aggravations unknown in Norway—still extorts the last farthing of her claims, just or unjust, and pays her debts by a bankrupt’s composition, compelling a discharge in full—and still appropriates the usurped Church property of Orkney to secular and English uses, transferring its burdens to the other Heritors, and claiming for its last relics the inapplicable immunities of English Crown prerogative, first applied by the democratic Government of Cromwell. The Islands are still robbed of their native Laws, Things, and Jurisdictions, and subjected to foreign codes and courts—while Zetland has of late been mocked with a fractional voice in the British Parliament at the expense of the already nominal representation of Orkney. While Britain parades her maternal care and lavish liberality even to her distant dependencies, Orkney has been neglected by every public officer except the Tax-gatherer. Unaided by one penny of that public money which has enriched other Counties more fortunate or more favoured, Orkney has been left to struggle alone against its many difficulties, fiscal and physical. Twice has its right to the income of its own State Property been officially recognized; once by a Lease from George III., in trust for its public improvements (27th July 1775), and again by a Treasury Warrant for the same purpose, from George IV. (3rd March 1825)—but the first was diverted to the sole use of the Lessee; and the second was evaded by a shuffle of Government Offices, and repudiated on the lawyerly quibble that the British Commissioners of Woods and Forests are not bound by the obligations of the Scottish Exchequer. Instead of due protection in return for the taxation and duty of subjects, a County which contributed 5000 seamen to the British Navy, was denied one Gunboat to guard its own shores and harbours from the repeated insolence of privateers.

Conscious that Orkney was but a pawn which might some day be redeemed by the rightful owner, Scotland, like a temporary tenant, scourged the precarious holding with unfair cropping and stinted outlay; and Britain, her assignee, discovering its capacity to produce and to endure, has followed the same profitable precedent of chronic hard usage. Unthrifty greed has loaded the Land with unjust burdens and undue taxation, has impoverished the Owners with unexpected claims and vexatious lawsuits, has often forced back the cultivated acres into wilderness and driven the cultivator to strive in freer lands for leave to live. But no misrule has yet exhausted the fertility of the soil, or crushed the energy, or worn out the patience of a people still struggling against an evil destiny, but still amenable as ever even to the semblance of lawful authority. Even though Scotland may have reduced Orkney to “the skeleton of a departed country,” Britain has still found profit in gnawing the bones.

ARTICLES AND INFORMATIONS

BY THE

INHABITANTS OF ORKNEY AND ZETLAND

OF THE OPPRESSIONS COMMITTED BY

LORD ROBERT STUART.

DECEMBER M.D.LXXV.

THE COMPLAINTS OF THE INHABITANTS OF ORKNEY AND ZETLAND, IN THE YEAR 1575.

FOLLOWS certain Articles and Informations of the wrangus usurpation of the King’s Majesty’s authority, and oppression committed by Lord Robert Stuart, fewar of Orkney and Zetland, as after follows—the whilk we take in hand to prove, whilk haill points and articles concernis the King’s Majestie in speciale.

In the first, the said Lord Robert, considering the manifest tyranny, wrangis and oppression done by him, his deputes and servitors, of his causing, upon the poor Inhabitants of Orkney and Zetland, and fearing sometimes God’s judgements and just punishments to be poured upon him by means of some righteous Regent of this realm, when it pleased God to send quietness within the same. For subterfuge, and to avoid punishment for his offence therefore, the said Lord Robert treasonably directed his Maister Household, Gawin Elphingstone, and Henry Sinclair his Chalmerchyld to the King of Denmark, with express commission under his Great Seal and hand writt, to render to the King the supremacy and dominion of the countreis of Orkney and Zetland, as free as they were of auld annexed to the Crown of Denmark, and that upon sic condition as in the said Commission was contained, whilk was done in the year of God 1572. According to the whilk the said Gawin passed to the King of Denmark, and by virtue of his commission foresaid, obtained to the said Lord Robert the said King’s confirmation and gift of the saids countreis, and send the same to him thereafter with Hans Corsmay, Bremer, enclosed in a bolt of Holland clayth, and als send ane Lawrence Carnes to be Lawman, according to the said King’s direction.

2. Be inbringing of new laws and consuetudes, forgit of the laws of Norway, never received of before in Orkney, and abrogation of the auld laws and statutes of the realm, viz.—as in inbringing of Lawrence Carnes, Lawman directed by the King of Denmark at the said Lord Robert’s earnest sute, of abrogating of the laws as said is, but license of our Sovereign Lord and his Majesty’s Regent; In making ane law in swyne roitting, whilk will extend to the sum of fifteen hundreth dollars in ane year, taen up in Zetland, bye Orkney; ane other law, that the sisters should not be lowsed of their heid bull, with divers others; as is notoriously known, whilk cannot be denied.

3. Be uptaking of the King’s Majesty’s customs, tolls, and victual of Zetland but commission, and not contained in his infeftment, whilk now extend yearly to five hundreth angels, whilk we tak to prove.

4. In compelling the Doggar boats and other fishers of this realm to pay to him great toll and taxis bye auld use and wont, to wit, ilk boat ane angel noble, ane hundreth fish, and twa bolls salt.

5. In usurping the office of Admiralty, in apprehending, imprisoning, adjudging, iustefeing of alleged pirates, and uptaking of their escheat goods, and sitting upon all seafaring actions: As he did in ships taken by his household men and feallis, viz.—Patrick Blackattir, Mr. John Hume, Edward Blackattir, Matthew Aikman, David Willie, James Corsby, David Cathcart, Henry Balfoure, Robert Stevenson, with others divers, pirates of Englishmen, to the number of nine great ships, laden with precious gear, which will extend mair then ane hundreth thousand punds, with twa English ships taken in Zetland—the ane of them keepit as yet to his awn commodity, the other, after she was spuilzeit of her haile goods, gear, and artaillerie, randerit again to the pirates, notwithstanding they were condemned as common pirates; as is notoriously known, and shall be proven.

6. Be partaking with the pirates, in furnishing and reking them to the sea in piracy, with men, vituals, amunition, and receiving and maintaining of their goods and gear reft in the piracy, and giving his bond of maintenance to the maist part of the persons above written, sic as Mr. John Hume, James Corsby, Edward Blackattir, Manis Moodie, with others divers, whilk is notoriously known to the haill country, and shall be proven and cannot be denied.

7. In taking of the King’s Officers of Arms and others, executors of his Majesty’s letters and charges, in taking and putting of them in prison and captivity, as he did to William Cuningham.

8. Be compelling of our Sovereign Lords free lieges to depart furth of the country where they were borne, and dwell for the present in banishment, but ony order of law, as he did to Mr. William Moodie, Manis Moodie, Johne Gifford, Walter Spence, Ola Sinclair of Brow and his bairns, William Sinclair of Voster, with many other divers, whilk cannot be denied.

9. Be directing of precepts, charges, and proclamations absolutely in his own name against the King’s Lieges, and giving sentences absolutely, but trial or judicial cognition preceding, and usurping of ane princely power in that behalf, and in all other his adois; and in special, where he alleges himself to be as free Lord and Heritor of Orkney and Zetland as the King of Scotland is in his own realm, or the Queen of England, or the King of France in France, and maks his vante, that in case he be put at by the King’s Majesty’s authority, to give the haill countrys into the King of Denmark’s hands, whilk cannot be denied.

10. In oppressing the King’s Lieges of Orkney and Zetland, in compelling them, by all order or law, to mak him and his haill household, to the number of six or seven score, bankettis and great cheer on their awin expenses, to the great hurt and wrack of the country be way of sorning and oppression; as is notoriously known, and sall be preven with the haill country.

11. Be making and setting of new takkis and gersswmes to the poor lieges, and compelling them to pay to him great soums of money, far by the auld order of the country, whilk will and sall wraik the haill commons, gif sooner remeed be not put thereto.

12. In compelling the native men of the country to discharge and quitclaim their heretage and possession, to eschew his tyranny; as he did to Margaret Sinclair, Mr. Magnus Halcra, Oliver Sinclair of Estaquhy, William Sinclair of Garsettar, Margaret Reid of Burgh, Hugh Sinclair of Strolme with others divers, whilk cannot be denied.

13. In appropriating the common muires and pastures of Orkney, common of before to the haill country, to himself in property, whereby he means to oppress the country, and be way of purpresioun to escheat the haile vuthall lands, as shall be pruven.

14. In disponing of benefices of the country, vacant at the King’s Majesty’s gift, to sic as he pleases, be his privy gift and provision, as he did in disponing the vicarage of Sanct Ola, the vicarage of Holm, Vnst, Scatsta, Nesting, Waus, with others divers.

15. In stopping the burgesses of Kirkwall, being the King’s free borough, to be free under all liberties, and to buy skin, hyde, butter, oil, and sic wares in the country but his leave, and in making all sic as he pleases to be free to use merchandise but the priviledge of the brugh.

16. In compelling beneficit men to sett their benefices to him, otherwise leave the country, and in leding their teindis and taking up their leving gif they withstand his desire, as he did to Mr. Alex^r Thomson, be striken of him be William Hwme, suldart, after he come out of the pulpit, Mr. James Maxwell, and other divers.

17. In usurping the office of Justicary but commission, he being but ane simple Sheriff, in judging of persons of auld crimes, as theft, slaughter, oppression, sic as he did William Wishart, being dead ane year afore his entres, comdempnit him in effigy, and confiscat his haill goods and gear, as it is notoriously known to the haill country of Zetland, like as he did with divers, whilk sall be proven.

18. In uptaking of the wrak and waithe of the haill country of Orkney and Zetland, but commission, not being contained in his infeftment, whilk will extend sen his entres to better nor 10,000 merks, whilk sall be proven.

19. In making of new acts and statutes be his awn authority, that nane suld bring hame boittis to Zetland, nor sell them but according to his act, whilk failzing, to be in my Lord’s will; and be reason that some of the countrymen had broken the foresaid act, as he alleged, took fra thir persons after following, xxiiii^{xx} of dollars, viz.—Jacob Tait, Barthill Strang, David Scott, John Vides, Henry Spence, Peter Nisbet.

20. In alteration and changing of the auld weigh of the bismyre and pondlar of Orkney, be making the same the fifth part mair nor it was of before, to the utter wreck of the commonwealth of the country; as is noterlie knawin by the haill countrie (except the beir pondler), whilk sall be proven.

21. Be taking and pursuing the King’s free lieges furth of their awne houses, under silence of night, and putting of their persons in prison, beside despoliation of their haill goods and gear, as he did to William Hacra, John Gifford, Mr. William Mowdie, Maniss Mowdie, Mr. Thomas Beanston, John Alexander, Baillie of Stirling, Edward Sinclair of Eda, with divers others.

22. In usurpation of our Sovereign Lord’s authority, be pardoning, remitting, and forgiving of condempnit and convict persons, for recent slaughter, theft, piracy, and sic capital crimes, as he did to John Sutherland, —— Strachan, John Millar, John Murray in Zetland, Thomas Boyane, wha slew ane Patrick Windren in my Lord’s awn presence, now at his last being at Zetland, the said Thomas being taken and keepit prisoner the space of six vulkis, was put to liberty, and sent to Noroway; and sic like for theft, Alexander Sinclair in Stromness, William Clowstne, with others divers; for piracy, Mr. John Hwme, James Corsby, Alexir M^cCullach, Alexir Murray, with many others pardoned for piracy.

23. Be imprisoning and warding of our Sovereign Lord’s lieges within the Castle of Kirkwell and Zairdis, but occasion or capital crime impute to them, or trial had in their demerits, proceeding as he did to Mr. William Moodie, Mr. Magnus Halcra, John Broun, John Jefert, James Bruce, Alexir Bruce, William Grote, Hutcheoun Cromarty, with many divers others, whilk cannot be denied.

24. In stopping of all ferries of the country to transport sic as he pleased to stop, and be commanding, be ane proclamation, that nane suld be suffirt to pass but his letter of licence and passport, in sic sort, that neither marcheand nor countryman might pass or repass in Orkney and Zetland but his licence and writ obtained be moyen or bribes. This Act is keepit to this hour, that no complainers may resort to thay partes.

25. In making of ane law and statute, that no man shall come out of the country of Orkney and Zetland to complain upon any wrang or oppression done in judgement, or without, under the pains of escheating of the haill lands, life, and goods, whilk shall be pruven.

26. In compelling the countrymen to pay to him their males, grassums, and rests, whilk the Comptroller had received from them in the King’s Majesty’s and his dearest Mother’s name, as Ola Sinclair and mony others, as the country will testify.

27. In using of process of forefaultor upon deid men for capital crimes, and in escheating their lands and goods after their decease, as he were King, be way of forfeiture, as he did to Sir James Sinclair of Sandey, Knicht, William Wischart in Zetland, Sir David Sinclair in Zetland, and sua usurps to him the King’s Majesty’s authority in all forfeiture and escheats of lands and goods.

28. In inbringing of Hieland men and broken men in the country of Orkney, whilks were auld enemies and oppressors of the people of before, and causing them to sorn, oppress, and spuilzie the country, specially the Isle of Gramsay, and be stopping of countrymen to pursue them and put them af the land, alleging they were his own men and fealls, as will be pruven by the countrymen, whilk cannot be denied.

29. Be giving licence to men to fight singular combats, as he did to ane Ninian Dowgall and Alex^r Bewemon, George Wallace and William Cullen, Nichol Sinclair and Stevin ——, Gawin Elphingstone and Patrick Clark.

30. Be compelling the assizemen of the country to fyle and clenge persons accused, at his pleasure; and gif they refused, be inputting of his awn household and domestic servants, and suldarts, upon their assize, and so condempnit innocent men at his private malice and desire, as he did to William Grhame, William Toddrick, William Aires, James Cowrons.

31. In compelling the countrymen of Zetland to pay great composition for the alleged resset of Matthew Sinclair, not being at the horne, attour the soume of V^c dollars, viz.—Fra Robert Wishart, Walter Hill, Manis M’Rechie, Ola Cumla, Magnus Reid.

32. In taking away suckin fra the auld vuthal mills of Orkney, whilk were observit of before inviolate.

33. Be pronounciation of wrangus and false judgement and sentences against the King’s Majesty’s lieges of the said country, and causing his deputes thereafter to reduce and retreat the same, as he did to Andrew Mowat, Mr. Robert Cheyene, and Andrew Hawick of Skatsta, and divers others, and be the receiving fra the said Andrew Mowat sewen score of angel nobles and ane chene of gold worth xl angels, and from Mr. Robert Cheyne and Andrew Hawick ane hundreth angels, and that by the way of brybrie for corrupting of justice.

As to the special points of oppression, reif, and spuilzie, eviction, and sic wrangus dealings committed be the said Lord, by order of law, against the Lieges and Inhabitants of the said countries, because the same concerns divers persons in particular, and not doubting but they will complain when as it shall please the Regent’s Grace to give them place and free passing out of Orkney and Zetland be sea and land. But the number of their complaints and sall be very large, odious, and fearful to be read, that sic tyranny and oppression suld be used within any country. Reserving therefore the particulars thereof to be declared at length by the saids persons heavily oppressed, when it sall please the Regent’s Grace, be himself or his Commissioners, to tak trial and inquisition in their behalf.

Item, the said Lord Robert, continuand in usurpation of the King’s Majesty’s authority, and using baith of the charges of Admirality and Justiciary, caused ane Court to be holden at Skalloway Banks in Zetland, the day of June 1574, and in the same gart call afore him Gilbert M^cReich, David Leslie, James Leslie, Normand Leslie, brether, and Robert Rotter, where they were accused and convict to the death in the said Court for the spoliation of ane ship of Endein, lying in the King’s waters within Zetland, in the parochine of Nesting, being driven in be storm of wedder for life and death, whilk ship the foresaids persons burdit under silence of night, and took furth of her 2000 Spanze ryallis or thereby, with ane dozen boltis of Holland clayth, and her haill tows, anchors, and sails, putten the same men and ship to the sea in a great storm of wedder, of whom never word was gotten thereafter; and thir persons above written being convicted of this cruel deed, the said Lord pardoned them after they were holden twa hours at the gallows foot, and ane tow about their neck, and received fra the said Gilbert M^cReich therefore I^m of the said ryallis, and seven boltis of the said Holland claith. Witnesses, Jn. Hamilton, Arthur Sinclair, Hugh Gordon, William Halcrow, Henry Sinclair.

Item, the said Lord has raised the meal of fleshe to x θ. where it was but iii ss. at his entries to Orkney, to the wrack of the haill country.

xvi December 1575.

(Signature effaced.)

THE COMPLAYNTIS

OF THE

COMMOWNIS AND INHABITANTIS OF ZETLAND

AND

PROBATIOUNIS LED THAIRUPOUN.

FEBRUARY M.D.LXXVI.

THE COMPLAYNTIS AND PROBATIOUNIS LED THAIRUPOUN OF THE COMMOWNIS AND INHABITANTIS OF ZETLAND RESSAUIT AND TANE UP BE MAISTER WILLIAME MUDIE OF BREKNESS AND WILLIAME HENDERSOUN DINGWELL PURSEVANT, COMMISSIONARIS IN THAT PAIRT SPECIALIE CONSTITUTE CONIUNCTLIE, BE OUR SOUERANE LORD AND HIS GRACIS REGENTIS COMMISSIOUN DIRECT TO THAME THAIRUPOUN THE DAYIS RESPECTIVE VNDERWRITTEN, IN THE MONETH OF FEBRUAR, THE ZEIR OF GOD I^MV^CLX SAXTEIN ZEIRIS, IN COURTIS THE SAID DAYIS HALDEN BE THAME RESPECTIVE AT TINGWALL IN ZETLAND.

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—