Oppressions of the Sixteenth Century in the Islands of Orkney and Zetland: From Original Documents
History
Oppressions of the Sixteenth Century in the Islands of Orkney and Zetland: From Original Documents
Orkney (Scotland) -- History; Shetland (Scotland) -- History
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.
Public-domain text, read in full here on John Shaqi.
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