Nyntlie, It is hevelie lamentit be the said auld Lawrichtmen, that quhair the Laird of Cultemalindie, sen his cuming in the cuntrie, hes grevouslie opprest thame be flitting and furing his servandis and gudis, bayth be see and land, throu his our frequent travelling, and pairtlie throw transporting of him, his servandis and gudis be see, in langar distance and space nor use and wount was befoir, with the perill of thair lyveis, and without meit and drink, or payment thairfoir.
The haill Inhabitaris above specifiit, ressauit, sworne, and admittit, zeir, place, and dayis respectivé beforesaid, deponis and testifiis this Article to be trew, as particularlie followis—
First, The men of Brassay foresaid, deponis, quhen the Laird passis in threw the cuntrie (quhilk he dois our oft) he causis warne all the Parochinaris to cum with thair horss and boitis to fure him. And albeit that thair cum horss and botis sufficient to staik him and his cumpanie, zet gif ony man beis absent with thair horss or boit, he causis poynd thame for xl s. Zetland payment, for the quhilk he takis up thre dolouris, but dome or law. And this Yle of Brassay complenis that the Laird compellit thame this last zeir to transpoirt his gudis, extending to thre lastis of butter and vther geir, fra the Yle of Brassay to Swounburgh, quhilk is twentie myles of seagait, upon thair awin expensis, but ony allowance or payment; quhilk thai never war in use to do of befoir to ony Fowde, and was in danger of thair lyveis in thair passage.
The Parochinaris beneith Tingwall, that is to say, betwixt Tingwall and Scalloway, ar complaynters on the Laird: Quhair as he compellis thame to fure him, his servandis, gudis, and geir, ferdar be twelff myle of see, nor ever thai war wount in uther Fowdis tyme to do; and quhair as thai war bot thrysse in the zeir wount with flitting and furing, and gat allowance and payment thairfoir, now he compellis thame continewalie to flit and fure him and his geir as he hes ado, but ony payment or allowance; quhairthrow thair boitis ar brokin and thame selffis put to uttar wrak. And sicklyk thir Parochinaris of Tingwall complenis upon the Laird, quha compellis thame to flit the haill gudis, baith of King and Bishop, of the North Yles, that cummis to Laxfurde fra the same, to Scalloway; Quhair as thai war never chargit thairwith of befoir, bot was weill payit for the same. But now giff thai refuse to carie ane barrell, thai ar compellit to pay xl s. to the Laird, quhilk is tane up fra thame in thre zopindales and ane halff.
Burray, Quharff, and Goldberwyk, and Trondray, deponis, anent the furing of the Laird, his cumpanie and gudis, and unlawis uptaking thairfoir, thai ar conforme to Brassay; affirmand, that thai ar compellit till leiff thair lynes in the sey, and to flit and fure by use and wount, but ony maner of allowance, or meit or drink, giff they suld die for hungar. And mairattour, thai complein upon the Laird and his doaris, that at ane tyme quhen certane boitis of Burray, Goldberwyk, Quhairff and Trondra, war lyand at Havera at fisching, the Laird send his servandis fra Scalloway to thame, and tuik fra everie boit, but payment making, twa fisches, ane keilling and ane ling, quhilk was done upon ane Tysday, and upon Setterday thairafter, they cummand with thair fische to Scalloway to thair merchandis, the Lairdis servandis tuik agane fra ilk boit twa fische, keilling and ling, and wald giff nathing thairfoir, the number of the boitis that the fische was tane fra, war ten or twelff. And the boitis of Burray and Trondray, at sundrie vther tymes, cumand to Scalloway, war spulzeit of thair fische be thame. And giff thair had bein bot twa fische in the boit, thai wuld have ane of thame.
Delting and Scatsta declaris, that quhair thai war in use and wount of befoir to pay thair scatt and landmales of butter and ulie at Laxfurde, bot thir twa or thre zeiris sen the Lairdis entress, he hes causit this parochin to bring thair butter and ulie to Northmaven; and thair ressavis and packis, and thairefter compellis thame to transpoirt the same, or samekle vther mens gudis thairfra to Laxfurde, quilk is xxx myles or thairby of dangerus passage of seis, and gettis nether payment, allowance, meit nor dreink thairfoir. And the Commownis desyris to be relevit of this oppressioun for Goddis saik.
Northmaven concerning this Article, deponis, That the Laird causit ane croce pass throw thair parochin to warne boitis to flit him and his companie our to Zell fra Collafirth; and becaus the boitis come not sa sone as he desyrit, he directit furth his precept, but ony tryale taking, or dome or law passand thairupon, and causit poynd thair persounis following, viz.—Laurence of Gluss ane angell nobill, ane curchie quhilk cost twa gudlings, with ane pair of wovin hoiss; not the less this man was present thair, reddie to flit and fuir upon his nichtbouris boit, as his nichtbouris testifiit. Lykwyis, Johne in Barrasettar had his boit present to serve, zet he was poyndit, and payit twa zopindales to the Laird. Gregorius in Burrowland had his ox prysit thairfoir, and to releiff him, payit twa dolouris to the Laird. Williame in Clodasettar for the same, payit alsmikle wadmell of gud clayth, quhilk suld have bein his wyff ane kirtill, with hir curchie, because he had na vther geir. Olaw in Houle for the same payit ane horss. Into the grund betwixt Collafirth and Lyen, thair is fyve sindrie houshaldis, quhairoff thair was twa widois quha had thair hussbandis perissit upon the see aucht or nyne dayis of befoir, quha wantit servandis; zet the Laird gart poynd thame, the ane wantit her kow, and the vther wantit alsmekle clayth as extendit to ane kowis pryce: Quhilk twa women for povertie scalit thair housses, and had never ane houss of thair awin sensyn. Magnus in Quyfirth, quha flittit the Laird and his servandis twyiss that day our the firth, becaus he was not sa sone reddie in the morning as thai wald, or he was cummit hame fra the last flitting, his kow was tane, and to freith her, he behuvit to pay twa dolouris. Johne in Lyen, quha had his horss and his boy flittand the Laird that day, zit neuirtheles his kow was tane for ever away be the Lairdis servandis. Nichol in Swynasettar haveand his horss and boy with the Laird that day in lykwyiss, zet his kow was tane fra him for ever. Johne Oxnasettar, for the same, was compellit to pay twa dolouris to the Laird. Thomas in Colafirth, for the same, had his kow poyndit be the Lairdis officiars, and wantit her for evir. Andro in Colafirth siclyk wantit his kow thairfoir.
The Parochinaris of Wais, concerning this Article, deponis, that quhen the Laird come throw thair parochin, giff the werst boy that was in his companie gat not ane horss to ryde upon, the Laird wald gar thame that refusit pay xl s. thairfoir of Zetland payment. And the Lairdis boyis that buir gunnis or vther grayth, compellit the honest mennis servandis, and giff thai had na servandis, compellit thame selffis to beir the gunnis and grayth, sa far as thai had to pass. Magnus Erasmussoun in Kirkagairth, and James Bie in Stopness, complenis upon the Laird, quhairas he causit thame to fuire frae Wais to Papay at Burray, certane lammis, quhairoff twa deit be the way, for the quhilk the Laird gart thame pay twa lammis agane. And becaus thai zeid not at the first charge, he poyndit fra ilk ane of thame ane kow.
Dunrosnes deponis anent the unlawis for flitting and fuiring with horss and boitis, within thair parochin, that the Laird causit poynd thir men following, albeit at thair horss was ridden with his companie, viz.—Magnus of Watbustar was poyndit and payit thre dolouris and halff ane gudling. Olaw in Clapwall was poyndit and payit thre dolouris and halff ane gudling. Magnus in Wastous was poyndit and payit twa dolouris and halff ane gudling. Erasmus of Flattabustar was poyndit and payit thre dolouris and halff ane gudling. Olaw of Flattabustar was poyndit and payit thre dolours and half ane gudling.
Tenthlie, It is complenit be the foirsaidis auld Lawrichtmen, that quhair affoir the Lairdis entres, be the law and consuetude of the cuntrie, the unlaw of blude, efter the quantitie of the hurt, was dempt be the discretioun of the assyiss, the twa part to the pairtie, and the thrid to the sheriff. But sen the Laird was Fowde, he hes gart decerne the unlaw to the sheriff, and nathing to the partie. And giff ony thing be dempt to the partie for the blude, thai get na payment thairoff, nor can get out the decretis to obtein the same be, for na payment fra his clerkis. nowther in actiounnis of blude nor na vther actiounis ciuile or criminaile, without grit difficultie. And attour, it is hevelie compleint be the said Lawrichtmen, that quhen and how oft the Laird depairtis furth of the cuntrie toward the south, he leiffis na depute nor deputis behind him to minister justice in the cuntrie, and to keip gude rewill and ordor thairin till his returning, bot dischargeis all underfowdis in thair particular parochinis, of executioun of thair offices, until his returning, as said is. The quhilk Article and Complaynt the haill multitude of the Commownis above specifiit, ressauit, sworne, and examinit, deponis to be of veritie.