Item, The said Arthour hes producit ane Bill of Complaynt, quhilk, as he affermis, was presentit befoir to the Regentis Grace in Edinburgh, aganis the said Laird, quhairof the tennor followis—
“My Lord Regent, Unto zour Grace maist humblie menis and complenis I zour servitour, Arthour Sinclair of Ayth in Zetland, upon Laurence Bruce in Cultemalindie, That quhair, in the month of Apryle last bypast, efter I had remanit certaine space in thir partis of this realme, in doing my lefull affairis and bussiness, I past hame to my native cuntrie, beleveand na harme nor scayth to have bein done to me be ony persoun. Nochttheless the said Laurence, upon the auchteint day of July next thairefter, come, accompanit with ane grit number of armit men, to the bankis of Scalloway, in Zetland, quhair I was for the tyme, on sett purpoise to have invadit and pursewit me for my slauchter; and causit sundrie of his servandis, to that effect, ly at wait for me in the hie way; quhairoff I beand advertissit by sum of my awin fryndis, was constranit, for feir of my lyff, to pass bak agane fra the schoir to ane place four myle thairfra, callit Quhytness. And the said Laurence beand certifeit thairoff, and findand him self disappoyntit of his first wickit interpryiss, rageand in his malice, and thirstand for my blude, come, accompanit as said is, to the dwelling houss of Magnus How, underfowde of Quhytness, bodin in feir of weir, with pistollatis, swourdis, daggis, and vtheris waponnis invasive; and thair serst and soucht me at twelff houris in the nicht, for my slauchter; lyk as thai had slane me indeid, giff I had chancit to have bein thair for the tyme: Committand thairthrow maist crewale and manifest oppressioun, aganis all law and order of justice, &c., as at mair lenth is contenit in the said bill.”
Efter the production of the quhilk, the said Arthour, for probatioun of the samyn, producit at Tingwall, the fourteenth day of February 1576, the witnesses efter following—
And first, Andro Hawyk in Scatsta, of the age of xl zeiris or thairby, unmareit, ressauit, sworne, and examinit upon the poyntis contenit in the formar bill, anent the invading of Arthour Sinclair be the Laird of Cultemalindie and his complices, deponis the first part of the bill to be trew, causam scientiæ reddens, because the said deponar was present the time contenit in the bill, in companie with the said Arthour, quhair as he saw James Bruce, accompaniit with xi or xii men of the Lairdis (him selff beand in Johne Umphrais houss at the bankis also), about aucht or nyne houris affoir none; quhair Arthour Sinclair and his cumpanie met with the Archden of Zetland, and James Hathrew, burges of Edinburgh, quha bad the said Arthour eschew the Laird of Cultemalindie and his cumpanie, or ellis thai wuld set upon him or his depairting furth of Scalloway. Nevertheless Arthour passit forward; and James Hathrew seand that James Bruce and the Lairdis servandis war cummand forward upon Arthour, the said James Hathrew past to James Bruce, and tuik ane grip of him be the hand, and stoppit him to gang fordwart. And the deponar sayis, that ilk ane of them that was with James Bruce had thair pistollatis in thair handis, reddie to schuit: And in the meyntyme Arthour past by, and eschewit thame at that tyme in Scalloway. Depones, Plus nescit in causa, nisi ex relatione fidedignorum.
William Sinclair, sone to umquhill Henrie Sinclair of Stroholme, of the age of xviij zeiris or thairby, ressauit, sworne, and examinit, deponis upon the first part of the complaynt within writtin, conforme to Andro Hawyk in omnibus, eandem causam scientiæ reddens. Examinit upon the second part, tuiching the Lairdis cumming to How in Quhytness, deponis, that he was with Arthour that nicht in Stroholme, and hard tell the maner how that the Laird and his servandis come to Magnus Howis houss, under sylence of nicht, to seik Arthour. And deponis, how that thre of the Lardis servandis come to Stroholme that same nicht, and enterit in the hall thairoff, and sperit at the women servandis (efter that Arthour and the deponar was past to thair bed togidder) quhair thai lay, quha tauld that thai lay in the barne. And efter that thai sperit quhat syde of the bed that Arthour lay on; and thair eftir departit and zeid thair way; et plus nescit in causa, nisi ex relatione fidedignorum.
Henrie Halcro, officiar, indwellar in Scalloway, is conforme to Andro Hawyk; and deponis mairattour, that he saw the number foirsaid of men with James Bruce, and sum of thame puttand on thair knapscais, and prepairand thame for tuilzie, quhen thai saw Arthour at the bankis of Scalloway. And that the Laird in the meyntyme was in John Umphrais houss thair, at the banx.
Malcolme Halcro in Walsettar, of the age of xxiij zeiris or thairby, ane honest marreit man, ressauit, sworne, and examinit upon the first part of the bill, deponis, that he saw the Laird of Cultemalindie, his servandis and cumpanie, past to Scalloway to persew Arthour Sinclair. Bot he hard the Archden of Zetland and utheris famous men say, had not bein James Hathrew, thair had bein slauchter betwixt the Laird of Cultemalindie and Arthour in Scalloway banx. And ferdar he knawis not of the first part. Examinit upon the second pairt of the complaynt, he deponis, that the Laird sowpit in Henrie Halcrois houss, and efter suppar, his bed beand maid thair, and him selff reddie to have past to the samyn, ane fallow, callit Meikle Johne, cuik to the Laird, come to him affoir the dore, and said to him, Sir, ar ze passand to zour bed, and Arthour Sinclair proposit to invade zou this nicht, quha will gar zou walk quhen ze suld sleip; and is in Quhytness in reddines to cum upone zou? Than the Laird answerit and said, Giff it be swa, I had rather waikin him or he suld walkin me. And than incontinent the Laird, James Bruce, Alexander Kinkayde, and vtheris his servandis, to the number of ten or twelff men, beand enarmit presentlie with daggis, swordis and culveringis, depairtit fra Henrie Halcrois houss, towart Magnus Howis houss in Quhytness. And Arthour Sinclair not beand thair, returnit agane, about the dawing of the day, to Henrie Halcrois houss, to his bed. And he deponis, that the Lairds men enterit in Magnus Howis houss, and licht candillis, quhilk he saw gangand in and out. And he deponis, that he saw Magnus of How and his wyff, Gartro Paulis douchter, cum furth sark allane, followand the Lairdis servandis, and telland thame that Arthour was not thair.
Gartro Paulis douchter, Magnus in Howis wyff, of the age of lx zeiris and mair, ane honest woman, ressauit, deponis conforme upon the secund part of the complaynt to the deponar immediatlie above writtin. And mairattour, that quhen sche come furth of her awin houss, followand the Lairdis servandis, that was within hir house, seikand Arthour, that sche saw the Laird him selff standand besyde the kaill zairde, and hard the Lardis servandis say to the Laird, Arthour is not heir.
Nichole Magnassoun, ane husbandman of xl zeiries or thairby, ressauit, sworne, and examinit, deponis, that he was passand to the see twa houris affoir day. Quhair he met sax or seiven servandis of the Lairdis passand to the foirsaid houss. It was sa mirk that he culd not ken the Laird be ane vther man. Thairfoir he knawis not giff he was in that companie or not. But quhen he come fra the see agane, the gud man of the houss and the haill familie of Magnus of How tailed him that the Laird and his serwandis had bein thair, seikand Arthour Sinclair.
Thomas Marteynsoun, ane youth of twentie zeiris of age, or thairby, solutim, ressauit, sworne, and examinit, deponis, that he was lyand sleipand in his awin bed in his awin houss, quhilk is ane part of the lugeing of Magnus of How . . . . . . . . . . . . . . . . . to the houss quhair . . . . and drawin swourdis in thair handis, and come till his bedsyde and wakint him, and gart him ryss incontinent, and wuld not suffer him put on his sark befoir he raiss, and said till him, Knave, can thow not tell quhair Arthour Sinclair lyis? And he said, he saw him not within ane twelfmonth bypast. And thai said agane, Knaiff, thow knawis he come heir zistrein? He answerit, Be my pairt of hewen, I nowther saw him nor hard him. And he affirmis, that incontinent thai tuik Robert Petersoun, and gart him beir the candill aganis his will, throw the haill lugeing, fra houss to houss, with drawin swourdis in thair handis, and soucht Arthour Sinclair, and sperit ay efter him. Ane of the mennis names that had the drawin swourdis, was callit Lang Johne, the Lairdis cuik, and the vther man he kend not. Thay wald not lat him gang furth with thame, thairfoir he saw not the Laird, nor rest of his companie, except thir twa foirsaid.