The Parochinaris of Quhytnes and Weisdale, Nesting, Lunasting, and Quhailsay, examinit and sworne upon this Aucht Article, deponis—
That the ordor is, amangis nichtbouris that dwellis within ane scathald, gif ane brute be rasit upon thame, and the faltor cannot be found out, quhen thai ar all put to acquittance, and quha that failzeis to be quyt, becummis convict in ane domeraw, to be payit amang sa mony as is unquyt coniunctlie, ilk man his pairt; neuirtheless, thir parochinaris deponis, That the Laird in his last Court, haldin at Quhytnes, chargit ten houshaldis for scoulding, that is to say, for ane sclander and brute that was rasit upon sum of the town, quham thai culd not get knawlege off, to quyt thame of scheip that wantit. Quhilk acquittance was ordanit be Olaw Sinclair, Fowde of Zetland for the tyme, and lay deid and sleipit, quhill now in Hervest 1576; at quhilk tyme the Laird of Cultemalindie waknit the samyn, and tuik fra everilk ane of the ten houshaldis fyve gudlingis, quhilk is the haill sowme of ane domeraw, extending in the haill to fiftie gudlingis; quhairas the haill ten houshaldis aucht and suld have payit bot fyve gudlingis amangis thame all, giff thai had failzied acquittance: Off quham sum was on lyve, and sum was deid, zet he gart the airis of thame that was deid mak payment. The names of the ten houshaldis are—Jacob in Scairane, Thomas of Girdilsta, Hutchain of Branxhammersland, Erasmus of Watbustar, Nichole of Catfirth, Henrie of Catfirth, Magnus of Crown, Ereik of Strandfurde, Magnus Andersoun, Erasmus of Wathsettar. The men of Nesting, anent this Article, deponis, That the officiar pundit everie ane of thir foirsaid persounis for ane domeraw, and tuik of thame attour that to himselff of ilk man, ij s. Scottis. And thai affirme that thair is twa of the ten lyand under the danger of punding, and not poyndit as zett for this unlaw.
The Last Article of the Generale Complayntis giffen in befoir the Regentis Grace, and Lordis of the Secreit Counsale, be Arthour Sinclair of Ayth, aganis Laurence Bruce of Cultemalindie, as followis—
Last of all, the said Laurence hes continewalie, sen hes entrie in our said cuntrie, zeirlie, and ilk zeir, usit to tak up dittayis, usit justice courtis, callit be us Grandraiffes, quhilk was never usit of befoir, bot ilk sewin zeir, thairthrow oppressing us with all kynd of tyranie and wrang, and compelling us to giff and delyver to him our gudis and substance in grit quantitie, in sic sort, that we ar altogidder put to grit povertie and heirschip; swa that thair is na natioun under grittar slaverie and oppressioun be the meins foirsaid nor we ar, and will be compellit to leiff our cuntrie desolat of the pepill and laboraris, to seik our habitatioun in sum forane natioun, without your Grace and Lordships provyd sum haistie remeid.
All the Inhabitaris of Zetland foirsaid, ressauit and sworne, and examinit befoir the Commissionaris, deponis all in ane voce upon this Last and Nynt Article, That the same is trew, and affirmis, that not onlie the Laird tuik up the Granderie zeirlie, bot at ilk Court that he held, bayth in the Mayneland and Yles. And for the better understanding of this terme of Granderie, thai defyne the samyn to be ane law, quhairby ane previe dittay of all faltis and crymes committit or done contrair the comown law, quhilk suld be tane up be ane generale inqueist of the maist honest men of ilk paroche and yle ans in the sewin zeir, giff neid be, and na oftar. Bott the Laird, sen hes entres, hes abusit this law be the continewale and daylie using thairoff at everie Court haldin be him; be the quhilk not onlie is the criminale persounis punissit, bot alswa the innocent are grivouslie wrangit and opprest thairby—
First, Be the frequent using of the samyn, contra the custome and consuetude of the cuntrie.
Secundlie, That the said previe dittay beand tane, he will permit na probatioun to be led thairupon, but the parteis indytit ar haldin convict, ewin as probatioun had bein led and ressauit thairupon.
Thridlie, The dittay quhilk suld have been giffin up be ane generale inqueist of honest men, is tane up be him and his clerkis in previe maner, of the parteis enemeis and ewilwillaris; quhairthrow sum are spulzeit of thair haill gudis and geir, and of thair honestie and fame, and vther sum componis with him, for feir of thair lyff, at his plessur.
Ferdlie, Thair is ane branche of this law of Granderie, callit Sculding, that is to say, ane brute or sclander of thift, pykrie, or sic uther crymes, rasit by the deid of ane single persoun in ane parochin or yle, quhairoff na probatioun can be had quha is the committar thairoff, in that case the haill nichtbouris within that pairt of the parochin or yle are generalie put under acquittance of the said brute; and swa quhen they cum to offer thair acquittance, it is ofter refusit nor resavit be the Laird; and giff this first acquittance beis not admittit nor ressavit be the Laird, thai pay thair unlaw thairfoir to him, and than ar thai put to the second hiear acquittance. Quhilk seindill or never is ressavit be the Laird, be ressoun the first less acquittance was not ressavit nor admittit, and swa ar thai pundit for falzeing of the second acquittance in the tripill of the first unlaw, and syn put to the hieast and last acquittance; quhairin, giff thai failzie and beis not quyt, thair haill guddis and geir ar confiscat, or ellis thai man compone thairfoir with him, and swa the multitude of innocent persounis ar punist wranguslie for the offense of ane trespasser; and becaus this law of Granderie is ane meins and way to spulzie honist men of thair substance, thairfoir he usis it the ofter at everie Court zeirlie haldin be him in the cuntrie.
Heir endis the Generale Complayntis, giffin in in Bill befoir the Regentis Grace and Secreit Counsale, be Arthour Sinclair of Ayth, aganis Laurence Bruce of Cultemalindie, and the Probatiounis led thairupon: And heirefter followis the uthir Complayntis, Generale and Particular, not contenit in the said Bill, bot giffin up to the foirsaid Commissionaris be the Inhabitaris of Zetland within specifeit, efter thair arryving in Zetland; with thair probatiounis led thairupon, place, zeir, month, and dayis respectivé above specifiit.