2 47 PROCEEDING SOCIETYE TH F SO , JANUARY 14, 1878.

IV.

NOTICE OF TWO CHARTERS IN THE NORSE LANGUAGE, FOUND AMONG THE PAPERS OF THE SHERIFF-COURT OF . BY GILBERT GOUDIE, ESQ., F.S.A. SCOT.

In the year 1840, a small collection of early charters and other legal documents connected with and Shetland, most of them in the Norse language printes wa , d anonymously instancee th t a t I believe, bu , , of the late Sheriff Maconochie and Lord leaves. Some of these, and several other Norwegian and Danish documents relating to the islands, e founb aro t de include greae th tn i dnorther n collection Diploma-e th , tar i.um Norvegicum, issued by authority in Norway. By the kindness of Mr Thorns, the present sheriff of the county, I am now enabled to submit two further deeds originae , alsth n oi l Norse botd an ,h relatin herito t g - able subject Shetlandn i s . .Formerly the records and miscellaneous papers belonging to the County Court of Shetland received little care or attention. The accommodation provide n ever i r the s fo dm ywa respect unsatisfactory e documentTh . s were left to their fate from age to age, loose or in bundles, in open shelves e publith n i ce sheriff-clerk officth f o e d manan , y papers must doubtless have perished. It is gratifying to know that this state of matters has now been entirely remediedexertione th e preseny th B f o s. e t th sherif d an f gentlemen of both groups of islands, handsome and commodious court- houses have been erected, with the assistance of Government, both in Kirkwall and in , and ample provision has been made for the safet d propeyan r preservatio e existinth l al g f o ncount y papers. For- tunately another e portioearlth yf o nrecord d beeha sn removeo t d , and is preserved in the General Eegister House. yeae th r n I 1873 Sheriff Thorns permitte examino t e dm papere eth n si e sheriff-cleroffice th th f o e f Zetlando k resule Th f thao t. t examination, necessarily hurried and imperfect as it was, is embodied in a list now in e hande Sheriffth th f o sf abou o , hundree on t d document r bundleo s f o s document bound san d volumes, whose dates extend ove periora f mordo e than three hundred years. Man thesf yo e document f greao e tsar interest TWO CHARTERS IN THE NOESE LANGUAGE. 473

thein i r bearin locan go l history would an , d well repa detaileya d examin- ation, both on historical and legal grounds. It was in the course of this examination that the two Norse documents now submitted came under my eye. I reported the circumstance at the e Sherifftimth o et , upon whom e successoth s a ,representativ d an r e th f eo Great Powd f Shetlaneo d (the suprem d justice th an e n w officei ela f o r ancient native system), the legal charge of the county records devolves; returninn i d an g fro mrecena t officia le islandsvisith o t tbrough e h , e th t deeds south wittemporarilym hi h , intendin o submit g t e theth mo t s bees requesteSocietyha ha n e d unablH e an .dm , t presenso ea o d o t instead to lay them before the present meeting, with such explanations regarding them as may occur to me. Neither document bear firste th titlesa , t datebu , d 1516-1545e b y ma , terme dConfirmatioa Certificata f no f Excambiono e connection i , n with a heritable succession in the ancient Udal1 form; and the second, dated 1536-1544n i similaa , r Confirmatio Deea f f Saleno o d r Dispositiono , , usually termee Norsth n Skiodea edi Kaupr o Bref. Both documents are in a fair state of preservation, especially the former, in which almost every wor lattee legibles di th n rT ther. e severaear l lacunas, whics i t hi t eas no e senso supplyyt th s neverthelest i e bu , s perfectly intelligible throughout seale Th s . were gone tage t som whicth y sbu ,b f eo h they were suspended remained attached. The documents themselves were folded, crumpled, and partly torn when I found them, but they have now been lain clotho d t thea , r Dickson, M sigh f o t , Curato e Historicath f o r l Department of the Eegister House, and by this process much of their original appearanc bees eha n restored. Both deeds are written on parchment in ordinary charter handwriting perioe Scandinaviae oth th f n di n North,—tha morL Deee . th e f dNo o t nearly approaching the modern character,—and both are in the ordinary Norse language then vernacula islandse th n Scandinavi i n i rs a , a gene- divergencee rallyTh .graduae th y b , l proces disintegrationf so , froe mth Northerd earlOl ye typth n f etongueo s stereotypea , Icelandn di vers i , y observabl bothn ei t perhap,bu s somewhat Dee e mor. Lth , dwritten No ei n

1 Odal , etyinologicallyis more ,th e correct I prefeform t bu ,r her tere eth m Udal, as stereotyped in the islands for ages, and recognised by Scottish jurists. 4 47 PROCEEDING SOCIETYE TH F SO , JANUARY 14, 1878.

Shetlandn i ,secone thath n i d deed, whic executes hi t Bergenda then i , ' mother country of Norway. This is not to be wondered at. The wonder rather is, that with the encroachment of Scottish influence and usages from the time of the Impignoration to in 1468, and even earlier, documents in such comparatively pure Norse should have continued to be e frameislandth n i ds o comparativeldows o t n y recen perioe a t th s a d middle of the sixteenth century. Indeed, certain of the ancient gram- matical forms are more distinctly exhibited in the composition of the native document than in the other framed in Norway. And contem- poraneously with these deeds we have some others, expressed in good current Scotchr Maconochie'M n i , s collection, significantly indicating e conflicth systemt w the ne raced nd san goinsan between d o gol e th n —the beginnin e procesth f g o supercessiof so f Udano feuday b l l tenure; e graduath l transitio f lawso n , language d usagean , s froe ancienmth t native to modern forms. Both deeds have been placed in the hands of Mr J<5ii A. Hjaltalin, a very competen Northerd Ol t scholae th n n tonguei r transcriptioe Th . n and translation furnished by him I have carefully collated, and now ventur submio et follows:s a t —

. I DEE . DNo 1. Transcription. Vij efftherschriffne Sier andro Hiel Sogneprest och official offuer Hielt- lan dtymandigy t Syer Andro wissiarth sogne He[rr?] Her j sandztinrwd g Andres tollach ffogiitt nordenn moffue Magnus tollach laugretthmandt ibid och willom brustedt ffogitt wdj Dalletingom Gierre witthrliig ffor alle t wiat j haffue setth Hort h grandgiiffueliigeoc h n offuerlest eyth obitth pappyers breff medt helle Indsigle wstungenn vbeskorenn j allewd h oc , Modhe wfforffalskutth Lyend ordt ffraa ordt som her effthr fielger

Allom godom mannom thenam som thette breff Hendhr fforr atth Komma Helsso j effthrschriffnmwi e Mendt Niels willomssonn lauggmandj wd t hieltlandt Tomes Eigadzonn Mag[n]us Jonsszonn Tomes Engusszonn Tudbygge y samme landhe Kierlige medt gude Kunnochgorend atth anno dfii M. D. och xvj Mandagenn uesthann fforr Gregory war wij fforsam- TWO CHARTERS IN THE NORSE LANGUAGE. 475 ledhe paa eydye y eystingom y ffornefnde lande Atth gierde eyth wenliigt och skelliigt bytthe Mellom Niels tommesszonn och Margrette sanders dott •Alexander tomesszonn skolgetinn dotth h arffuoc r sodanny a a Maathe ath iformemifne Niels torueszonn kom ffor oss y f ulle och lauglgs wmbodhe sielffzin Eyna pa s oa andr Halfuopa en halfuEn , o Torwaldt Hendrichss- zonn y fullo wmbodhe ifornefndhe Margrette dott dotthr synna waar thaa thett ffullkommelige samtyck och medt ffullo jaaorddhe stadffest erffwin- gianna emellom atth ffornefde Niels tomessonn skulle haffue y fforneffde Eyde xx mercker brendhe och x mercker y westhri brecko, enn forneifdhe Margret Sanderss dott lottnas hennay t r parth igenn xij mercke Heelly r e som hennarh ffader Koyss siig fFor Ho'ffuidt boll fulley o wiide syna pa o Retta syuand meg dada stetwaa] synnh toc r affornefnd[ e Sander elsthe brodhr, Ther ffor eige handseg ffiorsthe wilko h skaloc r l thaa taga andra jarder och. leggia Indtill H6ffuidt boll giorh eoc a thet jamgod Eydm so te aat marke talle och haffue the paa badhe syger samtyck thett bi(5tte, atth wbrideligen geld skall till evindelig tiid. Tull sandend tryckom w r mehe wij fforschreffne mendt worr Indsigle nedhenn ffor thette breff som schreffuedt er aar och dag som fforr staar

Huilchet fforschrefine obne pappyrs breff som er Lyend och Indeholdend wdj alle synne punckte artikleh oc r r som fforschrefuet staar thet wittner wij fforschreffne Sier andro Hiel sognepres j Jens h officialwd t oc t ! offuer Hieltlandt, Sier andro wissiarth sogneprest wdj Sandzting, andres tollach ffogett nordenn moffue Mag[n]us tolach, laugrette mandt ther samesteds, och willu a brostedmpa t ffoget j dalletingowd t m medt worr Indsigle hengend nedhen ffor thette breff som schriffuet er paa Edhe y Eydztingum Anno domini M. D. xlv thenn xxvj dag aprillis.

2. Translation. We, the af terwritten Sir Andro Hiel, parish priest and official over Hieltland in temporals Sir Andro Wissiarth, parish master in Sandzting, Andres Tollac ] Nortin hr o hFou f Moffu[o d e (), Magnus Tollach, Lawrightma same th f eno place Williad an , m [in] Brustedt Foud in Dalleting, Make known to all that we have seen, heard, and carefully read over open a , n paper letter, wit entirn ha e seal unpierced, uncutd an , evern i uy n yfalsifiedwa , reading wor worr dfo follows da s :— 476 PROCEEDINGS OF THE SOCIETY, JANUARY 14, 1878.

Tl goointn oal odme whose hands this e afterlettecomey th e ma -rw , written men, Niels Willomson, lawman in Hieltland, Tomes Eigadzonn, Mag[n]us Jonsson, and Tomes Engusson, inhabitant of the same land, send a hearty greeting in God; making known that we were gathered together at Eydye, in Eysting in the aforesaid land, A.D. 1516, the Mon- day next before [th e] Gregory feasSt f o t , thamade w t a friendle d yan just exchange between Niels Tomesson and Margrette Sanders daughter, lawfulle th y born daughte d heiresran f Alexandeo s r Tomesson n suci , h manner, tha saie th td Neil sparte Tomessonon , e camth n e o , befors u e with full and lawful powers for himself, and on the other part, Toreualdt Hendrichson, with full powers on behalf of this Margaret, his daughter's daughter. The agreemen n confirmeds na wa t madei s d wa t ,an , with full consent, amon e heirsth g , thae saith td Niels Tomesson should have twenty merks burnt [of silver] in Eyde, and ten merks in "West Brecka; but the said Margret Sanders daughter should get for her share in return twelve merks in Heelle, which her father chose for himself as a Head Bull, whil fuln ei l possessio s faculties hi righe f nth o n t o sevent, wity s hda h hi saie th d d oldese Sandeth An s t wa . rbrother] 1 , an[ thereford dha e the first choice. And the other lands are to be taken and laid under the made b Heao et s equalli d t i Bull d yan , goo s Eydea d , accordine th o t g number of merks; and this exchange has been consented to on both sides that it shall be valid and inviolable everlastingly. In confirmation of this, we, the above-written men, impress our seals underneath this letter, whic writtes h i aboves a y n.da yead an r

Tha above-writtee th t n paper letter reads pointcontainit d l san al s n si and article writtes a s e above-writtenth , abovewe o d , n men, testifyr Si ; Andro Hiel, parish priest in Jenst and official over Hieltland; Sir Andro Wissiarth, parish pries n Sandztingi t ; Andres Tollach] in r , o Fou f [o d North Moffue; Mag[n]us Tolach, Lawrightma e samth f eo nplace d an ; Willia t mBrusteda t Fou n Dalletingdi , witr sealhou s hanging under this letter, whic writtes hwa t Edhena Eydztiugn i , , Anno Domini 1545, the xxvi. day of April.

This document, yeae dateth r n d i 1545instrumen n a s i , parchmenn o t t 'by official men, who certify the existence and terms of a previous certi- TWO CHARTEKS IN THE NORSE LANGUAGE. 477

ficat exeambiof eo n between Udal proprietors. s phraseologIt 1 y contains suggestive references to the Udal system of succession and land transfer, o othet d r an peculiaritie e ancienth f o s t lawd institutionan s e th f o s " Countrie f Orkneso Zetland,d yan thes "a y were termed originae Th . l deed of excambion, which is embraced verbatim in the parchment deed of 1545 dates i , 1516n di bott A h. date islande th s s were subjec mortn i t - gag Scotlando et e deeth dt clearlbu , y shews thanative th t e Norwegian law usagesd san e preservatioth , f whico n s solemnlhwa y guaranteey db treaty, were still subsisting comparatively unimpaired. Their supercession and gradual assimilation to the laws and institutions of Scotland had been undertaken at an earlier period, and was too successfully accomplished course th Steware f timn th i eo y eb t Earl theid an sr successors I hav. e endeavoured, in the form of an appendix, to explain, so far as I have been able, the position of the old native officials referred to, now extinct, and the terms of native law and consuetude occurring in the two deeds, which afford those significant glimpses of the ancient system to which I have alluded. attemptinn I analys o gwelt e b o e t contently th e deed ma th t f i ,o s consider these in the order of the two distinct parts of which the docu- ment consists, viz.—(1st) originae th , l Certificat f Excambioneo , executed yeae th r n i 151 (2d)d 6e an certificatio• th , f thao n t certificate, daten di 1545. . I TJie Certificate f 1516.—Tho e narrative describe exchangen sa r o , excambion t wouli s a ,termee db n Scoti d s law certaif o , n land Shetn si - land, between Niels Tomesson (Thomson) and Margaret Sanders' daughter, carried out in the presence of persons of repute, four in number, who attest and confirm the arrangement in the form of a certificate, then deemed an amply sufficient title. The whole parties are designated patronymicall e stylth en y i formerly almost universa islandse th d n i l an , whic bees hha n observed occasionally even withi e presenth n t century,; Niels Thomson appears for himself, but Margaret Sanders' daughter is re- presented by one Torwaldt Hendrichsszon. This Torwald is in all proba-

1 Both the deeds seem analogous in character to the lately abolished Scottish seisin, which was a deed on parchment evidencing, among other things, an existing deed of conveyance by a proprietor to a disponee. 478 PROCEEDINGS OF THE SOCIETY, JANUARY 14, 1878.

bilit e samth y e Thorvald Henricksso f Borgo n , who s "a , Thorralf o d Brucht," is nominated as one of his executors by Sir David Sinclair of Sumburgh, chief captain of the palace in Bergen, and governor1 of Zetland, testamens hi n i t date n yearte d s earlier than this—namely t Tingwalla , , 9th July 1506.2 Thorwald is supposed, by the late Professor Munch of Christiania havo t ,f Henri o e n beeso k n a Thorvaldsson, descended from Herr Thorvald Thoressonj who, in the year 1299, possessed the great estate of Borg (or Brough).3 This estate in 1587 passed into the hands Sinclairse oth f , Baron Broughf so , paris Nestingf ho . Margaret Sanders' daughte declare s possessiori n i e b subjecte o dth t f no s r father excamben he righi f r o t, he whoy db s eldes a , t brothee th f o r family, had the right, by choice, of the " Head Buil" (hofud bol) or prin- cipal mano re property— th far f mo a e eldesrighth f o t odal-born- ex , pressly provided by the Law Book of .Norway,4 and recognised as a leading principle in odal succession in every Shuynd, or division of heritable or moveable estate.5 The persons at whose sight the excambion was arranged, are Niels "Wil- lomsson, designed as "Lawman in Hieltland,"6 Tomes Eigadzonn (Ein- gansso Mniansson)r no , Magnus Jonnson Tomed ,an s Engusson (Angusson).

r Davi1Si d SinclaiFowde th Chartee s f Shetlanth o ee timee wa r th f Se ro r . fo d favours 149hi Williamn y 8i b , , Ear f Caithnesso l othee th rd sonan daughter,d san s of the late Earl William St Clair of Orkney, conveying to him the estate of Sumburgh, designeo s whicn i s i e hh d (miles foldust e Zetlandice). 4 Copy printed in the 3d volume of the " Miscellanies of the Bannatyne Club." deede th e , AnnSe o e Diplomatarium1299th n i , Not vegieu/m, d alsan o papey rb 8 Professso . MunchA . P r , GeograpJiiske Oplysninger om Hjaltland, Annalere th n i r fo yordisk Oldkyndighed og Historic, Copenhagen 1857. mode Th 4f successio eo s thui n Books w laiLa d , e libdow th . cap v . , n arti n2 . . 63 :—"Does a father leave odals behind him ? Then shall the eldest son succeed to principae th l mansio d estatean n e otheth , r children receivin equivalenn ga f o t ou t the other land ; every one his own lot, a brother a brother's lot, and a sister a sister's lot, according to the estimation of neutral men. Is there no son ? Then descends chiee th f manograndsoe th eldes e secondo e othert th y th n y an tny b so r sonb o ,r o , in order, as nearer the inheritance than daughters. Are there no grandsons ? Then belongs the chief manor to the eldest daughter, the rest of the sisters getting land in equivalent sais a , d concernin e childregth n general."—i n Grievance f Orkneyso d an Zetland,. 8 . p Appendix,—HEAe Se p D Bun SHUYNDd ,an . 9 See Appendix,—LAWMAN. TWO CHARTER NORSE TH EN 9 SI LANGUAGE47 .

The only one of these whom we can identify is Williamson the Lawman. Thirty years pressn s earlie conventioa wa e t a h rt n choie helth f ro n d i the Cross Church of Bergen, in 1485, sitting in judgment upon a case arising out of a disputed sale of certain lands in Shetland1—a very note- worthy, though by no means uncommon instance, inasmuch as, though the islands were at the time subject in mortgage to Scotland, the appeal is not advocated to a Scottish Court, but to the court of the Lawman of Gulatin d Bergegan n Norway—ni a circumstance which would seeo mt indicate that the permanent severance of the islands from the mother country was not then contemplated either in the islands or in Norway ; indeed, that their resumptio thay nb t countr consideres ywa d onl yquesa - tio f timeno . date whicn Th eo e successiohth Margaret'f no s father, Alexander Tom- messon, was arranged, is singularly expressed—" the right seventh day " —(paa retta syuanda dag), the meaning of which I am unable to explain. place Th e wher arrangemene eth f excambioo t s carrie i nAiths i t ,dou in the parish of Aithsting, and the properties referred to are there and at West Breck and Heelle (see Appendix). The land is measured by the usual local denomination of merits (see Appendix). The transaction being an exchange, there is no consideration or price. e ConfirmatoryTh . 2 Certificate f 1545.—Thio s certificate, whics i h also executed at , in Aithsting, 26th April 1545, repeats, as has been mentioned, the former document verbatim, and its object is virtually statepreservatioe th itsele n di b o t f evidencf no excambioe th f eo n therein described t thaNo t .feuda l succession transfer ,o saly otherr b re o - wise, seem "havo st e require interventioe dth f writteno n instrumentsy an , mor f confirmationo e d thadi e t feudani th n i ,l e terme sensth th t f a ,e o hand superiora f so t webu ; find tha n latei t r times such ratificatioy nb formal deevers dywa frequently resorte t doeI t appea sno . dto r whether the persons before whom the deed was presented were brought together for the settlement of this particular question, or whether they were consti- tuted as an ordinary court for adjudication in such or in general causes. More probabl e case— th e latte ys th awa r district court (Vard-Thinr go Herads-Thing),2 at which, inter alia, all necessary attestations or confirma-

1 Grievances of 0. and Z., App. p. ii. 2 See Appendix,—THING. 0 48 PROCEEDING SOCIETYE TH F SO , JANUARY 14, 1878.

tion thif so s kind woul dmadee e practic b fal Th o t l . f suceo h confirma- tion by men of repute was by no means uncommon, though this is perhaps the only known instance, executed in Shetland, by formal deed in similar terms. The other deed (No. II.), a purely Norwegian instrument, having apparentl referenco yn thio et s one, though also referrin lando gt Shetn si - land draws i , n preciseli e samyth e e signatorieformTh . s testify that they also " have carefully seen, and read over " a former deed, whose terms they repeat and confirm, as in the present instance and in numerous similar instances in those times in Norway, recorded in the Diplomatarium Norvegicum. a constan s wa t tI practic e locath ln i eadministratio f no justice in Shetland, down to comparatively recent times, to have matters of dispute or of personal right determined before local recognised officials, informall open i r nyo case courtth e s migha ,informe m a I t bed d;an that a similar practice exists in Iceland at the present day. At a district court called Mann-tals-fhing, held periodically in that country, all. deeds or agreements by written instrument, executed in the interim, are read oved markedan r d thi s an heli s ; s equivalena d o publicationt t s a , registration is in this country. It is to be observed, however, that, commo e practicth y havs a n ma ee bee n Shetlandi n s elsewhera , n i e the Scandinavian north, it does not appear in the instances under consideration that this for f ratificatiomo a necessary s wa n partf o the legal formula involved in completing such transactions, because, firse e th cast th f chartero en i e ratificatioth , s twenty-ninei n years,d an e secondth n i , eight years, e respectivaftee th dateth f r o s e trans- actions. individuale Oth f whoy sb confirmatore mth y certificat granteds ei o tw , are parish priests—Sir Andrew Kie r Hill) r Andre(o l f Si Unsto , d wan , Wissiarth (or Wishart) of . These were probably the last in- cumbent f theiso r respective parishe se sweepin prioth o t r g e awath f yo whole fabric of the ancient Church, fifteen years later, at the Eeformation witunably e ofsa ar h 1560 e o t ecertaint W . y whether these pre-Eefor- mation vicars saved their livings by turning with the tide, or whether they remained Boniaii Catholic and were ejected. They have not been recognise Protestans da t clergymen firse Th t .minister Reformee th f so d Church, accordin Fastie th o gt JScclesice Scoticance, were presentee th o dt two parishe t lonno s g afterwards—namely , o Unstt Jame y , Ha s31s t CHARTEKO TW NORSE TH N ES1 I LANGUAGE48 . October 1576, and "William Watson to Sandsting in 1574 (he having been previously appointed reader there in 1567).1 Sir Andrew Hiel is witness to a deed, drawn in Scotch in 1528, in which he is designed " Sr Andro Hill, Vicar off Onst; "a and he is men- tioned in another deed of 1569.3 From the latter, in which his former designation of Vicar is retained, it may perhaps be inferred, though he t classeno s i d amon e Eeformatioth g n ministers, tha e retaineh t e th d benefice during his lifetime—that is, till probably near the date of the appointmen 1576n f i Jame o ty s mentione,a Ha s d above r AndreSi . w appears froe presenmth t dee havo t d e possessed, like many churchmen of the time, a temporal authority in addition to his spiritual charge. The precise natur f thao e t authorit r jurisdictioo y n implie e termsth n di , " official over Shetlan temporals,n di t eas determineo no yt s s i t "wa i t I . certainly not the purely secular position of either the great Fowde, or of parochiaa under-Fowder o l r coulNo t havdi . e bee highesne th tha f o t t local official of the church, for the incumbent of the parish of Tingwall seems also to have been Archdeacon of Zetland,4 and, as such, representa- tive of the bishop, who was resident chiefly in Orkney. This co-ordinate authority, whatever it may precisely have been, of a churchman in tem- poral affairs, does not, however, appea havo t r e been singulara n I . Shuynd Sill, r divisio o n estate a f o n, draw n Scotsi n n 1558i , r ,Si George Strang e theth , n Vica f Nestingo r s i similarl, y designated "officia Zetland.f o ln othe i d re Scandinavia"An partth 5 f o s n north, sometimetitle s th ewa s born churchmey eb n representing absent bishops temporan i l presenmatterse th n I t . instanctherefory ma e ew e regart di as indicatin ga commissione n e chargbishoprii r th f o e c estate other o , r temporalities of the church. othee Th r priest r AndreSi , w Wishar f Sandstingo t , also e bearth n i s deed a curious designation—Sogne Her Herr—"parish lord lord," or " master," implying also a secular dignity or charge. It is only in what

Fasti Ecclesice Scoticance, Synod of Shetland.

21 Dee Salef do , Jul , 1528y15 . (Maconochie's Col. No. VIII.) 3 Charter of Sale, 1569. (Maconochie's Col. No. XI.) 4 Diplom. Norveg.—passim. e letteSe r from Pope Honorin o Nicolast g , Arcli- deaco Shetlandf no , date Novembed d3 r 1226.. 8 Dip. p . I . 5 Shnynd Bill, 1558. (Maconochie's Col . XIV..No ) 482 PROCEEDINGS OF THE SOCIETY, JANUARY 14, 1878.

caltestinge y wth l ema clause terme s i tha e h t d " parish priest f Sand"o - sting. Whateve e precisth r e meaning implie e word th r Herr n dHe i s (repeated havy ma e) "been same th , e formul e designatio s th usei a n di n deea f n 1532i do e Archbisho th f ,o p Gowt f Drontheim;o e a n i d an 1 document of the same year, the same words are found prefixed to the nam f Kineo g Frederic f Denmark.ko 2 The other attesting parties, along with the clergymen, are Andrew Tulloch, Fowde of Northmavine ; Magnus Tulloch, Lawrightman there ; and William of Browsted, Fowde of Delting—of none of whom does there appear to be any other record. These parochial officials—Fowdes and Lawrightmen—performed important functions in the police and government syste f thimo s little imperium imperion e i Norther th f o n Isles.3 By their means the machinery of local administration was carried oearln ni y times mannea n i , r that fully maintaine e interestth de th f so ruling power—th l potenal e tabsence Jarldistans th hi n i ,f eo t suzerain, the King of Norway—and, at the same time, that most jealously guarded the rights and liberties of the people. The abolition of their offices has been concurrent with the destruction of much of those ancient local nativd liberties ol e ruie th emostf th no familiesd f o an , , odal proprietors of the soil. identificatioe th Ao st e place-nameth f no s mentione e deedth e n se d,i Appendix, under the respective names.

DEED No. II.

1. Transcription.

Thett Bekendis Wij effterne Mattie St6rss6n Laugmand Bergej wd t n ; Jonn symonsson Anderh noc s pederss6nn Eaadmend r samestetth t t at s wij haffue szeett och grandgiiffueligen ofFuerlest ath obit papiirs breff met ath innsigl och ftire mercker vnder screffne : Lydendis ordt fran ordt som her enter filger.

Hcrre hour Gowte med Quiz raade enhebysp i Trondem (Diplomatarium, . 818)ii . 1 Herre Tier Ffrederidf Danm[ar]kis Wendis oc Gottis Konung (Ibid. vii. 746).

Appendix,^—FOWDe 32 Se LAWKIGIITMAN.d Ean , TWO CHARTERS IN THE NORSE LANGUAGE. 483

Alle Mendt the soin thz" breff see elder. h6re : Kundgori jeg niels angusson att jeg haffuer selth Jon magmis bondiszonn alle myne jorde agheg partteie hieltlandm y r so r t sokann mha d vpspyria mz lag rettc ho : oc effterfolge soall: som er vi mercker y hamerlande oc y giotonn : och andzmere hvo kann rha d t spyri a the p v t e mync vndeo g e nerffuingme : e och vnde erffuings r hn han h noc e tiill ewerdeli t m thg al zso eignat me r: vnderligge leigic o r offstn t haffuede ea steifr : r nfieldy tulnestc n o e lde e stei a h lni fiore Aengoc n: e ******** Rec ****** Qgh f^ ydermer wissec o n bydesando thesssz g z: rie e god ehetha mendsa am gewy tso thome : y b s s ionsson : Symon erlandsson : Heming'ollszonn sette syne mercke nedeufore for thze breff: som giort war y bergenn ste Laffrens dag Anno Domini mxxxvd j

* tul l * thnvdscreffter wo e * s sandhets stadfestning haffuj wi e sam * seeg pap[iir* sieif f * ast tbre]f * beuiss fleng a esa e thet ware *********** wij thet met wor signetter her vnder * * * * thne wor widisse sandt oc fast at were vdj alle maade : som giort er vdj Bergenn odensdagen * * Margarete Anno &c m d xliiij

2. Translation. We the after [written], Mattie Storsson, Lawman in Bergen, Jon Symonsson d Anderan , s Pedersson, Councillor e samth ef o splace , acknowledge thae havw t e seed carefullan n y read ove n opea r n paper letter, wit ha seald subscribe an , d with four marks, reading worr fo d wor hereaftes da r follows :—

To all men who see or hear this letter, I, Mels Angusson, make known tha I thav e solf Magnu o Jon o dt n partBondie y so , sth m f farm so l al , s which I possess in Hieltland which he may find out lawfully and rightly. They are as follows :—Six merks in Hammerland and Giotonn, as well as other parts wheresover he may find them out, from myself and my heirs to him and his heirs, for perpetual possession, with all that belongs and has belonged to them, from the highest stone on the hill to the lowest 484 PKOCEEDINGS OF THE SOCIETY, JANUAKY 14, 1878. l meadow beache al stond th n an ,e so *********

wreckage ****** and for stm further certainty and verity, I ask these good men who are called Thomes Jonsson, Symon Erlandsson, Heming Ollsson, to put their marks under this letter, which was don t Bergeea t LawrencS n no e day, A.D. 1536. r confirmatiofo e * trut th f r thi copy, f o he hav* o ou nsw e * * * * * the said paper letter * * * * * * to prove itsel t lastlons i a fs gsa ******** * witsealr * hou s underneath * [testifye w , ] that certithir sou - ficat trus unassailablei d ean evern ei y way. Don t Bergenea , Wednesday, [St.] Margaret's [day]. Anno, &c., 1544.

This deed is shorter than the former, and deficient, comparatively, in local interest generae Th . l teno f boto r similars hi alreads a , y observed. deeA f saledo , execute t Bergeda 153n ni Niel6y b s Angusson favoun i , r of Jon Magnusson, of all his property in Shetland, is ratified at Bergen by the Lawman of Bergen and his assessors, of date 1544. The remarks unde formee th r prevailine th r deeo t s da g conformit law f yusageo d san s in Shetland and in the mother country, are therefore equally applicable here. Of the parties to the transaction, nothing further, so far as I am aware, is known. No designation of the seller is given, but he is presumably resident in Norway ; and this and other instances of Shetland landholders residing in that country, recall the pretty frequent references to be found Shetlann i d document lando t s s belongin lordi e "o gt th f Norroway,so " seventeentevee latth o ns s e a h century, thoug l knowledghal r traco e e otherwise of those magnates and their possessions has passed away.1 The

thirteente th n 1I h centur yNorwegiaa n duke (Sertug) extensivn a s wa e landowner in Shetland, including the island of , in which he had a house. (Diplo- •matariuTH, i. p. 81.) Hibbert alludes to a tradition, that during the reign of terror of Earl Patrick Stewart, more than half a century later than the present deed, " many wealthy Scandinavians hastily sold to Scottish inhabitants their estates and interests in the country, seeking a refuge in the more kindly bosom of the parent region from which their ancestor originalld sha y emigrated." ("Shetland Islands," p. 205.) TWO CHARTERS IN THE NORSE LANGUAGE. 485 disponee is named simply " Jon son of Magnus, Bondi" (i.e., residenter, peasant proprietor.1). propertiee Th s dispone Hammerlane dar Giotonnd dan , probably Ham- merland and Gott, in the parish of Tingwall ;2 and the conveyance is ex- pressed in the widest terms, embracing the lands named—" as well as other parts, wheresoever y findma e themh e descriptivout."Th e phrase, "fro highese mth lowese tth hile stono th t l t e beach, n stoneo th n eo s "i one commo Shetlann i n de e partl periodtitleth th f d yo s an illegibl; e clause, commencing " and all meadows (Aenge). . . . " may be made up in the phraseology of later native deeds, expressed in SeotoJSTorse, thus :— " And all Eing and outhwell, ryt and roith, eis and Intres [ish and entry], hous and harbry, toftis, thowns [tuns] moillis, inpastor and outpastor," &c. The worc rendereSe d d " wreckage" (apparently distinc itselfn i t , thoug worde hth s immediately befor behind e illegible)ean ar t i d , seems to indicate that the right to wreck cast ashore went along with the pro- perty, instea f n i Scotlandbeino d s a g , where udal holdinge ar s unknown, vested in the Crown. Such a claim by the Crown has recently been successfully conteste n Orknea y b d y landowner, standing upo e specifinth c s titleshi term f o ,s confirme y Crowb d n Charter, l whiclikelihooal n hi d merely perpetuate e origina th e for th f do m l holding unde e Norsth r e system s exemplifiea , e termth f o n si d e presenth t deed. n IcelandI 3 , wreckage still belong private th o t se propert whicn y s o casti n NorwayI t hi . e samth , e rule prevailes d(a may indeed be gathered from the present deed), that only which landed on the public common being held as pertaining to the King.4 The com- peting rights of landowners and salvors in captured whales, which have

1 See Appendix—BONDI. Appendix—Place 2Se e Names. casee th e , Lor3Se d Advocat . HebdenJ . R . ev , First Division, Feb , 186826 . t I . was contended tha Crowe th t"d exclusivsolnha d ean e l wrecrighal o t kt cast upon the shores, or floating upon the coast of the said island of Eday," subject to provi- sionwrece Merchano t th s sa n ki t Shippind othean t r statutesgAc d claiman , f o s rightful owners. This contentio s repellednwa e defender'th , s charters containing right to "wreck and waith," &c. (VI. D. 489). 4 Old Norwegian Law—"Rek thau oil er rekr i almenninga, thd A Ktmungr."— Norges Gamle Love ii. 165. 486 PROCEEDINGS OF THE SOCIETY, JANUARY 14, 1878.

immemorially bee a nsubjec f contentioo t n Shetlandni , have probably grown into form gradually along with this question of the right to wreckage and derelict property. The deed distinctly states thae transactioth t Sale,a t thers i nbu e is no consideration named, unless the number of merks specified may be regarde s pricbots dit a extene lan e merkd n heth i th dan f silver.o f t so 1 The witnesses are Thomas Jonsson, Symon Erlandsson, and Heming Ollsson, without designations t presumablbu , y Norwegians date th ed an ; t LawrencS s i e Day, 1536. Eight years later this deed of sale is ratified like the other, or, as we may say, nas its tenor proved, in the confirmatory deed, which is the com- pleted parchment document now under consideration. The parties attest- ing are—Mattie Storsson, lawman in Bergen, John Symonsson, and Anders Pedersson, councillors (Raadmeri) t e a dat th theres i e d an ; Bergen, Wednesday t Margaret'S , s Day, 1544. Generally, in looking at these deeds, what is most noticeable is their simplicit brevityd yan sucn ,i h marked contras tediousle th o t y lengthened forms of later conveyancing. Even what we deem the essential formality of signatur dispenses ei d with appendee th ; reputf o dn esealme beinf so g the guarantee of the bond fides of the document and the validity of the transaction. Ther accordingle ear yr customar nonou f eo y clause r forso - malities o narrativn , e seller'sth f o e title, o specifien d term f entry,o o n clause of warrandice, unless the vain assurance that the property shall remain to the purchaser and his heirs " for an everlasting possession " (til (everdelig eignar); feudao n l vassalage, claimo n casualties;r so holdingo n , but of God and their own right arm only. The description of the sub- jects, too, is very vague—the seller's so many merks land in such a place; in the second deed, or " anywhere else," as the purchaser may discover! The difficulty of identification would be an insuperable objection to such a title in modern practice; and its sufficiency in a former age exhibits a singularly primitive stat f societyo e n whici , e merth h e possessiona f o certain extent of land by inheritance or purchase, attested by witnesses of repute, wit withour ho e evidencth t f writ eo s deeme wa , a sufficientd , if noindefeasiblen a t , title.

Appendix—MERKe 1Se . TWO CHARTER NORSE TH E7 N SI LANGUAGE48 .

In concluding these imperfect remarks, thrown together on short noticlatese th t tea moment I ,mus t expres regrey m s t thae subjecth t t hat beesno n dealt witlawyera y hb y t awar,an especiallno f o em a I s ya analysis of a Scandinavian legal instrument of the kind previously attempted e perioTh n .questioi d remota s ni e subjeceth one d tan , involve n mani d y obscurities t I deserve. s more careful treatment a t more competent hands. I have to acknowledge my great indebtedness to Sheriff Thorns in the whole matter; and I have also to thank Mr Mure, sheriff-substitute in Lerwick, and Mr John Scott Smith, the sheriff-clerk, for their courtesy affordinn i evere gm y facilit thein yi re examinatio poweth r e fo r th f o n local records.

APPENDIX. EXPLANATIO PLACP NO E NAME LOCAD SAN L TERMS.

BEECK, West.—Thi s probabli s e Brekkayth a portio, f whico n h appeare th n i s division of Hans Sigurdsson's estate as falling to Herr Alf Knutson. It is pre- viously mentioned in a deed of the year 1299, in the Diplomatarium Norvegicum, p. 81. BRUSTEDT.—Willia mBrustedn i s Fowdi t f Deltineo g firse inth t deed. According to Munch, this is "Byrstad"—Byjarstadir or Busta, which, in the division in 1498 of the estate of younker Hans Sigurdsson, fell to Herr Otte Mattsson-Komer anbrothers dhi sisters.d san e manoth 1 w Bustr no plac considerabla s i a f eo e estate. ETDTE (Md, isthmus).—Villagn a f Aiteo Aithstinn hi g (also Eyde Edhe).d an EYDZTINQ.—The paris Aithstingf ho , west mainland (also Eysting). DALLETING.—The mainland paris Beltinf ho g (Dalathing). GJOTONN, GIOT.—Got n Tingwali t ? l HAMMERLAND.—Six merks here conveye Niely b d s Angusso n MagnussoJo o t n n (Deed No. II.) Hamarr in Northmavine belonged to the Monastery of St Michael in Bergen (Munkeliv's Cloister), given to it in the year 1403 by Thiod- hild, daughter of the priest Sira Helge.2 But I have little doubt that the place t presena question i t Hammerlands ni parise th Tingwalln f i h,o . HEELLE.—There is said to be a place of this name in the parish of Northmavine. A place called " Heleland, mentiones "i ddivisioe inth Hanf no s Sigurdson's pro-

Annale Nordisr rfo k Oldkyndighed, 1857 . 361,p .

1 2 Codex J)iplomatarim Monasterii, 98,107.169, 97 . pp . I 2 VOL. XII. PAR . TII 8 48 PROCEEDING SOCIETYE TH F SO , JANUAR , 1878Y14 .

perty, before Archbishop Gaute and others in 1490 (Diplomatarium Nomegicum., vii. 436). Heylor (Heellr) is near , in this parish. JENST. —This is another variation of the name of the island of , the etymology of which has proved so puzzling. It is difficult to explain its meaning by Norse etymology shouldIt . thinkI , referre Pictisbe , the dto h period. NOKDENN MAFFUE.—North Mavine e originaTh . l name t appeari docud s a ,ol n -si ments in the Diplomatarium, is Maveid (Mewaith, narrow portage or isthmus), which most appropriately describes the locality from which the name of the whole paris deriveds hi calles i t I d. Nordan Mawed documena n i Kinf to g Eric ; (the Pomeranian), 15th April 1412 d Nordhan,an Mawid deea f 149n i o d 0 (Diplomatarium, vii. 436)testimonye Th . thin i s earle a ,case th yo t ,existenc e of the present distribution of the Shetland parishes is very clear. In the south of Shetlan northere dth n district e countrth f so y generall stile yar l termed a ''d Nordenn," i.e., the North. Of native office d institutionan s followine th s g charterse referreth n i r o dt o , foregoine th n i g explanator ynoticee paperb y dma , :- LAWMA ORKNEYF NO . The chiejusticd an f officerOrknew n ei la f Shetland o s yan d FOWDE OF ZETLAND. in ancient times questioe Th . theif no r relative positions si somewhat obscure. The e thuyar s denne r BalfouM y df Balfourb o r whoo t , m every student in this department of historical inquiry is under deep obliga- tions :— LAWMAN (Norse LOGMADR, nomophylax).—" The President of the Althing, Keeper and Expounder of the Law-book, and Chief Judge of Orkney, ultimately abol- ishe r merge do e offic th f Sheriff.o en di " FOWD r FOUEo D (Norse FOGBTI, Danish FOOUD, questor Regius).—" Collectoe th f ro King's Skatt, Skyllds, Mulcts, &c., afterwards Chief Judge ultimateld an , y Sherife Foudrieth f o f f Zetlandso " (OPPRESSIONS—Glossary). The two titles appear to have been used indifferently in Shetland. At one time, again e samth , e perso s designeni d " Lawma Zetlanf no Orkney"d an d t a ; another time, when Shetland was politically separated from Orkney, and con- nected instead with Feroe, one individual bears the title of " Lawman of Zetland and Feroe " conjoined. The first FOWDE of Zetland was appointed by King Sverre e yea a th deen 1196. i rrf o n dI 130 e name7th f severao s l 1 person wero ewh s "Lawme Shetlandf no t tha"a t dat specified.e ear n 140I 5 2 Svein Markusson is designed " Lawman in the same land." In the charter of 3 1498 Williamy b , , Ear f Caithnesso l othersd an , brothers hi , r DaviSi , d Sinclair of Sumburgh denominates i , d " Foud of Shetland " (Foldus Zetlandise) 1485n I . , e presend agaith an n ni t dee. f I.1516o ,No d , Niels Williamson is termed " Lawman " there.4 He may probably have been a subordinate lawman or parish Fowde, because at the same time, in 1514, Nicoll Hall, designed Lawman of Zetland and Orkney, pronounces doom in the Lawting Court at Kirkwall. If, 5

1 " Oppressions in Orkney and Zetland," Introduction, p. 20.

Diplomatarium Iforvegicum,. 97 . p . i Ibid. . 439p . i . 3

2 Mackenzie's Grievances, Appendix No. I, * Ibid. Appendix Xo. II. 1 TWO CHAETBES IN THE NOBSE LANGUAGE. 489

however, Hall s residena , t lawma n Orkneyi n , claimed titular superiority over Shetland, as he appears to have done, Williamson may have been the contem- porary Chief Lawma r Greano t Foude there probabilite th , whicf yo supportes hi d appearancs byhi Lawmas ea Shetlanf no Coura n di t hel t Bergenda Norwayn i , n i , 27te th hn 1485JulO y. 1532, Nicol Eei Aithf electeds o wa , d " Lawman Gene- l Zetlanralal f Lawtine eo th d t "a g Cour Tinghole t helth n di Tingwalf mo l ;l and Niels Thomasson (of Aith) is denominated "Lawman of Shetland" (laug- mann o/uer Hieltland) deea 1538.f n i do 2 Abou e middle sixteentth t th f o e h century, Olaw Sinclai f Havere ro th s awa great "Fowd n 157i 2d e an Laurenc" ; e Bruc f Cultemalindieo e appeared upon same scene th th en ei capacity instrumene th s ,a extortione th f to Lorf so d Robert Stewart first e EarSteward Lorth an f l do depositioe tth racen O .f Culte o n - malindie the Scottish Sheriff seems gradually to have assumed his place and functions. e nam Th f Olao e w Sinclai f Havero r s linkei a d wit a strangh e incidenn i t Scottish history. It was while he was Fowde, in October 1567, that Both- well, Duke of Orkney, fleeing from the vengeance of his enemies, paid his hurried visit to Shetland on his way to Denmark, and was entertained by Sinclair. Sir Nicholas Throckmorton, the English ambassador at the Scottish Court, makes a curious but natural mistake in reporting the circumstance of this visit to his mis- tress, Queen Elizabeth e writeH . sislee :—th e principa ,f name"o Th n dma l Fogge doth favoure Bodwell s saydes yy a t, , whereby hys partyee shalth e b l stronger," supposing Fogge r Fouo famile bo dt eth y name instea s office.hi f do 3 anonymouThe s contemporary authoDiurnalthe of r Occurrents,of moris eac- curate. He says :—" In this mene tyme the said erles schyppis passed to ane place quhair the said erle and his complices being in the time foresaid upoun the He of Zetland, at his dinner with Olave Sinclare, foude of Zetland, &c."4 Bothwell himself gives confirmatio s firse storhi th t n ydeclaratioi o t n n addressee th o dt Kin Denmarkf go whicn i , speake harrivae h s pursuerth hi f so f o l ss whilwa e eh " on shore at the house of the Receiver " of the Islands. The country of Zetland was teimed a Foudrie ; and the "Foldrie," i.e., the office, jurisdiction d revenu e Foudan ,th s confirme f wa o e, o Lort d d Robert Stewart by the charter in his favour of 28th. October 1581. In the charter to Earl Patric yeae th r n k1600i "e th Faudri, Orknaye ed Zetlant e d specified"s i , ane "d Foudrith f Zetlaneo d " alon s annexei e Crowne th o dt , along wite hth Earldom and Lordship by the Act of the Parliament of Scotland, in the reign of Charles II., 1669.5 The Fowdes were paid by a small tax called TMng-for-Kaup (Forcop). UNDER FOWDE r PARISo S H FOWDES.—These were important parish functionaries thus definer BalfouM y db r :—

n officia"A n everi l y paris f Shetlando h , with local dutie d poweran s s 1 Complaints contra Cultemalindie Diplomatarium2 , art . Norvegicum,2 . p 833 . ii . 3 Letter, Throckmorton to Sir William Cecil, 1st September 1567. 4 Diurnal of Occurrents (Maitland Club), p. 123. 5 Act for Annexation of Orkney and Zetland to the Crown, 17th December 1669. 490 PROCEEDINGS OF THE SOCIETY, JANUAKY 14, 1878.

simila Heae thoso rt th f deo Foud, especiall representinn yi watchind gan e gth interests of Government, latterly superseded by the Bailie." So lat 160s ea e "Foud4 th k parochiil f so n and isle, mentionee ar " locan di l acts, but they gradually disappeared thereafter. The tombstone of one of them, "Thomas Boyne, sometime Foude of Tingwall," bearing date 1603, remains in good preservation in the churchyard of Tingwall. The names of most of the parish Fowdes about the middle of the sixteenth and the beginning of the seventeenth century can be gathered from the records. The title was variously spelt Foud, Fowde, fold, feald. Votn-tee assessmene namth th f s o e wa lr fo t the maintenance of these officials. LAWKIGHTMAN (Norse Lbg-retta-madr).—The office of the Lawrightman was as ancient as it was honourable. He was "ane discreit man"—a kind of Tribune of the people—chosen by the Yard-Thing for the protection of their rights and interests, especiall mattee e Standardth th n yf i o r f Weighso Measured an t f o , s chargewhicwa e h d wit e responsiblhth firse e th custodyts poinwa f t I o t . complaint against Brace of Cultemalindie that he had put down these officials by the strong hand, appointing instead creatures of his own, who by falsified standards of weights and measures, defrauded the people in the payments of their . rents and duties which were accounted for in kind. The sworn testimony of the inhabitant e tria th Cultemalindif o ln s i 1576n ei , thirty years aftedate th f reo the two charters, describes in quaint language the native conception of the position and duties of the Lawrightman :— "The Lawrichtman of auld vse and consuetude was ane necessar officiar in everie seuerale yle and paroche of the cuntrie, chosin with the commoun consent and electioun of the Fowde and Commownis to keip and giif attendence to the lawfu jusd an tl cuttel ; lquhil thais ki r mesou elwanr ro d quhairwith thai mett their clayth, callit Wadmell, quhilk is ane dewitie thai pay to the Kingis Maiestie for thair scat and landmales zeirlie. And siclyk to keip the just wecht calli Bismeire th t , quhairupoun thair haill buttir, bait f scalandmalehd o an t s was weyit, togidder with ane just Can quhairwith thai mesourit thair ulie payiKinge th n scai t o .t t "Wit e quhilkth h s cuttell, bismeir cand e th an ,, said Lawrichtman measurit, met and weyit the saidis dewities of butter, wadmell, and ule fra the Commownis, and delyverit the saimen to the Fowdis, swa that bayt e Fowd th hCommownid an e t jusga s t iiieasou wechd an r t without hurt, fraude speciale s officemairattourd r gylean paire hi o , s an An f a ,eo .ts wa t i , man chosin for his discretioun and jugement, to be Chancellor of the assyiss in l Courtisal , that quhai difficily on r l questioun com hann ei schee dh lawe wth , practid usean , k thairupoun e assyis gairesd e th f th fan to , s informatiouw nho decerneo t pronouncid ,an decreitse th t , perqueyre defauln i , d scrybif ha o t d an s; ane ordinar stipende of the Commownis thairfor, and was as ane procuratour and defender of thair richtis and commonwelth."T A numbe f speciao r l charges were "hevilie lamenti d complenitan t e thb , e said auld Lawrichtmen of the Cuntrie of Zetland " themselves, at the same time

1 Probations contra Cultemalindie . Printe Balfour MS , M y Maitlaur db fo r d . Club18 . p , TWO CHARTERS IN THE NORSE LANGUAGE. 491

that the general complaints were brought forward by their countrymen (1576). Gradually after this their offices fell into disuse nativth s ea e lawusaged an s s were abrogated. The last shadow of their existence or indeed of that of any d nativol e ee RANOELMANoth fofficialth s wa s , whose dutie n referenci s o t e Theft, Scandal Marchesd an , , were laid e "Countrdowth n i n y Acts" framed e seventeentth n i h century. e lasTh t 1know n appointmen f Rancelmeo t n ni Shetland was in the year 1836, for the parish of Lunnasting, on a Petition to the a landowne r fo w e SherifTutoLa rth t iy na rb f minority. Eaucelmane On 2 , James Sinclair, of the parish of , probably among the very last of racee knows more th m wa , eo n t tha n twenty years ago. HBID BUIL or HEAD BULL (TSomeHofud Bol or Bu).—The principal farm of the Odals- jord; hence, Bow or Bu, a common place-name, used either singly or as an affix, in Orkney and Shetland. Thus, Boe, Bu of Orphir, Exnaboe. It has already been explaine nota n dei tha "e tth Hea d Buil" became Odae th ly ruleb , successiof so n the property of the eldest Odal-born son, as we have also seen from the Charter No. I. SHUYND, SCHTND, SCHOIND, SOHBIND, SOHOWND (Norse SJcynd).—An inquest of Thingmen to examine and arrange all Erffs, or divisions of real or moveable estate. In the complaints above referred to, the Lawrightmen explain that it was "the consuetudd an e e cuntri us th r woma f o o en e nquhema deceissisy non , haveand landis, gudis, or geir, to be divydit amangis the airis, the Underfowde (quhilk baillie parochie th th s f i eo yle)r no , accumpanyit with certane honest nichtboris (comeprincipale th o t ) l houss quhai e persouth r n deceissit, ealli Heidbuile th t , for makin e saith d f go airschip , ealli e Scheind,an t . Specimen&c " e th f o s SHTTYND BILL framed on such occasions are extant. THING (Norse).—A meeting, court r assemblyo , f whico , h there were various kinds. 1. ALTHING.—The great Assemblage of the Freemen of the country ; the nam whicy e b e Parliamenth h f Icelano t s knowdi e presen th t a n t dayn I . Orkney Althine th , g Court, preside t MagnuS t a dEarle t oveth s me y Cathe, rb - dral, the Circle of Stenness, or other convenient place on the mainland. In Shet- land, the place of meeting was the Thing-holm in the Loch of Tingwall (Thing- vdllr-vatn), the Fowde presiding. Latterly the LAWTING Court (Norse LogOiing), a Court of Law, became the better known name for the great annual assembly, as the occasion for a meeting of freemen for political and general purposes grew less. According to the Complaints and Probations against Cultemalinde—'' This Lawting is the principall Court haldin in the euntrie in the haill yeir, to the quhilk all men aucht to cum, bayth Mayneland and yles, that hes land and heri- tage or grit takkis of the King." The last shadow of a local THING was held in 1691. The word Thing came in course of time to signify a district, and hence form se nam parth f f severaeo to l Shetland parishes—Belting, Aithsting, Lun- nasting, Sandsting,' Tingwall.

1 Printed by Hibbert, and also in Sheriffs "Agriculture of Shetland." 2 MS. Advocates' Library. Petition by John Brace, Esq. of Sumburgh, for Miss Hunter of Lunna. 492 PROCEEDINGS OF THE SOCIETY, JANUAKY 14, 1878.

While the ancient system of local administration was in operation there were several minor courts, viz.:— 2. HEBADS-THIITO.—A district or parish meeting. 3. HIRDMANS-THING.—A council'of warriors. 4. VAKD-THING.—A ward districr o , t assembly. BONDI.—I e seconnth d charter, execute t Bergenda lande th , s describe sole do ar dt "Jonson of Magnus Bondi." It is not easy to give a satisfactory equivalent e termfoth r , which, originally signifyin dweller,a g a tille r husbandmano r , came to designate the entire body of Odal-born freemen, somewhat resembling the " yeomen " of England. In Orkney and Shetland, as in Norway, the Bondi becam importann ea t politica lattee l th class n rI countr. y they rose in rebellion and slew Saint Olaf, their king, in the battle of Sticklastad. In the islands they maintained their rightParliamene th n s i Althiug e th f o t , where every Odal- man (Odals-madr equan Eondi)r a o d lword e r ha voic th M voted f n sI ean o . Balfour, "he was a Peasant, for he tilled his own land, and claimed no distinc- tion among his free neighbours ; but he was also Noble, for there was no heredi- tary order superio ownkins e hi Th go .Odaller'e t r mighth d we t s daughterr o , matc ows hhi n daughte Odal-bore th o rt n without disparagement himsele h r fo , f was but the Odal-born of a larger Odal. The king might enforce the military service of the Jarl—the Odallers owed none to any of them." a Abou time th t e when this deeframeds dwa ter e commos th ,m wa Orknen ni y and Shetland, and it continued to be used down to a much later date. MERK.—Thi e usuath s i ls denominatio f lanno d measuremen Orknen i t Shetd yan - land from the earliest times to the present day. The entire islands seem to have been divided into Merks and Ures (ounces), when the lands of the Udallers were value taxed dan Kiny db g Haco1263. n measurementi e . Th nIV indefie sar - nit extentn ei , representin2 g rathe e grounde valueth th rf o . o sayThat s i ,t wha reckones i t mano s s dya merk f intiin,so goor o d cultivated ground, wile b l much smaller in extent than an equal number of merks of bare, uncultivated, or inferior ground presene (outfield).th othed n I an t r early deed merk-lane sth s di regarde s equada e equivalenvalun i lth o t e t numbe f merko r f burno s t (i.e., refined) silver, in contradistinction to the base coinage current at the time. e lanvalue s furtheth Th df wa e o r estimate s o manbeins a d f yo g penniese th commonlo s merk s i observe e s b a , o yt Orknen di Shetland yan d titles.

1 Opus, cit., Introduction, p. xxx. 2 Torfseus Eerum Oi-cad. Hist. p. 169.