A SUPPLICATIOUN to the Parliament be the Gentillmen of ORKNAY AND ZETLAND.
“My Lord Commissioner and Lordis of Articles of thir present parliament, Unto your Grace and Lordships humblie meines and shewis We zour Servitoris Lawrence Bruce of Cultmalindy, Henrie Sinclair of Towquoy, William Irving of Saba, Robert Sinclair of Camstane, Thomas Cheyne of Walay, William Bruce of Cimbister, John Sinclair of Tobe, and Magnus Cromartie of Caray, ffor our selff and in name of the remanent Our Sowerane Lordis gwid subjectis heritable possessoris of the Udack Lands in Orknay and Yetland, That quhair Patrick, Earle of Orknay, Vpon some sinister informatioun made be him that the haill Vdack Lands in Orknay and Yetland wer fallin in Nonentrie, hes therupon and upon some other unlawfull groundis purchasit ane Infeftment of our saidis landis, and is myndit to seek the approbatioun and confirmatioun theroff in thir present Parliament, That therby being claid in the warrand and authoritie of ane Act of Parliament, he may summarlie, but forme prosceiss of law, posses him selffe in our haill landis and intruse himselffe therintill. Albeit (we doubt not) give your Grace and Lordships vnderstood the nature of our Vdach landis, and the forme and maner of ther halding, no sick confirmatioun wald be grantit to the said Erle. For it is of truth, That quhan the landis of Orknay and Yetland wer under the Crowne of the Kingis of Norroway for the tyme, the Vdach landis were repute as ane pairt of the propertie of the Crown, and the possessoris of the earledome bruikit the samin; but charter or seasing, as heritable rentalleris of the propertie of the Crown, for payment of ther Scattis, callit in our language the fewduties, and at the deceiss of the possessor and rentaller, the entrie of the aires followed be ane breiff of divisioun, callit in Denmark and Norroway ane Shownd Bill, and is putt in executioun be the Sheriff and his deputis, Quhilk forme of halding hes been inviolablie keeped sensyne, alswell during the tyme of the Kingis of Denmark, as sen ther landis fell to the Crowne of Scotland, and we and our predecessoris of thir Vdach landis haiff been in continwall possession theroff according to the tenor of the halding abovewrettin ffirst esteablished in Norroway, allowit in Denmark and imbracit and ressauit be ane inviolable custome in this kingdome thir ffyve agis bygane and mair, and thair wes nevir any questioun moved against the forme of our haldingis, and the constant and inviolable custome of sa mony ages, without any interruptioun or process intendit against us or our predecessoris, will never suffer us to fall under the compas of nonentrie. And giff the Sowerane Princis of thir kingdome for the tyme had mislykit of the forme of our halding, as not agriable to the lawes or customes of this kingdome, ther is no question bot be the authoritie of ane lawe (all parteis being heared) thay wald have altered and changit the forme of our haldingis, and putt us in suretie be ane new established forme: bot so far hes the Princes of this Kingdome been from quarrelling of the nature of our haldingis, as by taking hold and making thair advantage upon everie failzie quhilk hapnit and fell out against the conditioun of our halding, thay have approven and allowit our said haldingis. For it is ane prouisioun and conditioun in our haldingis, that the non payment of owr dewties for thrie termis togidder forfaltis our right and possessioun, quherby it is fallen out that many of the Vdach landis hes fallen in his Majesteis handis upon this occation.—And farder it is of veritie that quhan this pretendit Infeftment was first purchast be the said Earle, We finding our selffes thairin to be very heavilie grieved and prejudgit, we cam unto him and assured him that we wald complaine and seek reparatioun from his Majestie, and he fearing (be law) he could not maintaine that pretendit right of his to be gwid, he promeist to us to discharge the samin give we wald pay to him the soumes of money advancit be him in purchasing theirof, quhilk we did. And Farder it is of trewth that ther is some Lordis in Noroway and Denmark quha bruikis sundrie of the Vdach landis in Yetland eftir the same forme of halding, quhais halding the said Earle hes nawayes quarrelled and hes omitted ther landis out of his Infeftment, and hes only taine him to us whome he thinkis to owircrow at his pleasur, And Swa we being his Majesteis proper rentalleris, we ought not to be in ane worse conditioun nor strangeirs are, and giff this confirmatioun sall passe throw, it will samickle the mair stur up the said Earle in most violent courses againis us, and prepaires our utter wndoeing and wrack. Heirfor we most humblie beseek your Grace and Lordschips that no seek confirmation passe to the said Earle in this present Parliament, and that we may have ane act past in our favoris, declairing the pretendit infeftment purchast be the said Earle of our said Vdach Landis, shall nowayes prejudge ws in our heritable possessionis, and that the samin sall be na farder extendit bot to our fewdewties, quhilk we are content to pay to him or to any othir his Majestie pleis appoint, And giff it sall pleis his Majestie and your Lordschipis to alter the forme of our haldingis and to make the samine agreable to the forme of this kingdome, We most humblie beseek your Lordschipis that it be declairit be Act of this present Parliament, that we sall be preferrit to our rowmes and possessionis, and that securities be made to ws of the samine, we doing therfor accordingly, and your answir humblie We beseek. Etc.”
The Supplication abovewrettin was given to the Lordis of the Articles of the Parliament, haldin at Edinbroughe be King James 6, Parl. 12, anno 1592, in the quhilk Parliament ane Ratificatioun was made to Patrick Erle of Orknay of the Erledome theroff in ane unprinted Act.
The forsaid Erledome was ratified of befor to Robert Earle of Orknay in the 7 Parl., haldin at Edinbrough be King James 6, anno 1581.