V.

SOME FORGOTTEN INCIDENT D PERSONAGEAN S E LOCATH N LI S HISTORY OF , SY QILB.EUT GOUDIE, TIUSASUKEB, S.A. SCOT. .

Remote as Shetland is from those influences and activities which have tended to the making of history in the provinces of Scot- land in the past, with a scanty population, a poor soil, and limited possi- bilitie evern i s y direction t astonishinye s i t i , g wha wealta t f incidenho t and association is found as the reward of patient research in its obscure annals. Formal history has not failed to present the fascinating story of the as conquerors, and finally occupants, of the country, and to repeat the tale of oppression since the sovereignty passed from the Dano-Norwegian crown to that of , Prolific, too, in illus- tration e prehistorith f lifo n si e c ages have beee revelationth n f o s archaeological discovery t loca d personaBu an l. l history absorptioe th , n and aggregation of landed property, the rise and fall of families, the incident f sociao s l developmen t practicallye e ar t y unexplored; and, fortunately, materials for the study, restricted though they be, are not wanting I hav. e endeavoure o t brind g together some illustrative incidents e sourcehereTh . s from which thes e derivear e e mostldar y legal records, ancient native deeds, and other original documents noticed in this connection for the first time; anything previously to be found in print is either in works issued abroad, or appearing incidentally in works of a different class and difficult of access, and, practically, as regards the subject matter of the paper, unpublished.

See Greenwell's British Barrows, . 1S7798 . p , 1 SOME FORGOTTEN INCIDENTS PERSONAGED AN , F SHETLANDO S 1 3 .

I.— KOGNVALD AND THE MAN— Twelfth Century. Since the issue in 1873 of the translation of the , which contain earliese sth t record f Orkneo s d Shetlanyan d historyn a , unknown fragmen e Sag th originalls f a o t y compose s discoveredwa y db e latth e Professor Vigfusso t Upsalaa n . This fragment gives perhaps e earliesth t pictur possese ew f every-daso y lif Shetlandn i e store th yn i , of an incident between the Earl Eognvald of , Lord of Shetland, and a Dunrossness man (bomdi—small farmer) which occurred most probably on the occasion, about the year A.D. 1150, when the Earl, crossing from Moray s wreckewa , t Gulberwicka d , nearw whano s i t . The story tells how the Earl in disguise went off to a fishing near Hea e ordinarth d f wito e countryha placn i on n f eo yma e strange th e boat crefishedw n th f wr whilho ro ;ma plyeoa e ;e th dth how they were nearly swept away by the violent tide of the Sumburgh raust, e strangeth r maintaining meanwhil jaunta e y good humourd an , surprising the other by handing over to him his share of the fish when their catch e dividecame b Ear th o et l w dmisse ho 5 s footinhi d n i g ascending the cliff and fell down, creating merriment to a number of women and other spectators; how he composed a stanza in his usual style on the occasion, and how the ruse he had thus played on the country people was discovered, The narrative, though 700 years old, has all the freshness of yesterday, womed an n theishowinn ni me s r u every-dao gt y calling, with indications ofishina f d agriculturagan l industry combined vern i , y muc same hth e t presenwaa s ya t existin district,e th n gi 1

II. =—A SHETLAND HEIRESS, anno. 1403. A curious record of personal attire and domestic equipment 500 years ago f quito , ea superio r kind s goode preservei , d th lise f an so th t n i d gear of a Shetland heiress, one Gudrun Sigurd's daughter, wife of The text of the story is given in the original Old Northern in An Icelandic Prose

Reader,lr Oxford, 1879. I have printed a translation of it in Mill's Diary issued by the Scottish History Society, 1889. 32 PROCEEDINGS OF THE SOCIETY, DECEMBER 8, 1890.

Arnbiorn Gudleikson, residin e Feroth n egi Isles, dated 1403.- Ab 1 breviating the description, the lady's possession is said in the dee havo dt e consisted of— A head-dress valued at 13 or 14 ore ; a full dress suit decorated with shields down to the waist in front and on the loins; a great silver buckle, and a rosary with silver beads smala ; l buckle from Courlan f silvedo rf gold o gil r a o ,t finger-ring of gold, and two silver bowls; two cloaks, and gowns with buckles ; bed ornaments andcurtains, silk red and green, and numerous bright ornaments; that she wor o othen e r head-dress excep n Fridayo t , whes na coarswa p ca e beds 6 d pillows r an o ,use 5 d; , with cover f preciouo s s workmanshid pan fringeslarga d e an ,furnishe d chest; basin d bathing-tuban s feeo tw t n o s (tuifot); dishes, cans, pots, kettle gobletd an s s beyond numbe ; rwit seto hstw of house furnishings, tapestry hangings and carpeting, brocaded and braided lace coverings, [for saints, or relics, or pictures] ; and in addition, a land rent from Shetland. In another document of nearly the same date, this lady's possessions are again describe s consistingda , apart fro r heritablmhe e propertiese th f o , following, viz.:— Six beds with down pillows and precious fringes, the large pillows with goose feathers d gooan , d cover f preciouo s s workmanship a head-dress; valuet da mentiones (a e documene or th 3 n d1 i t last quoted ; )rosarie s with silver beads, 3 finger-rings of gold and a suit ornamented with shields, and other effects, very much as described above.2

III.—HANS SIGUEDSSON'S ESTATE IN SHETLAND, 1490. The division of the estate of this great landowner, whose properties e paristh la f n JSTorthmaveyi ho d elsewherenan s describea , deea n i d of llth September 1490, execute sighe th f Archbishot o ta d p Gautf eo Dronthei d othersman , throw n interestina s g light upo e statth nf o e landed propert islande th t than yi a s t comparatively early period, upon the persistency on the one hand, of local names, and on the other, e differentiationth a gradua y b , l process f theio , re coursformth n i es of time. At the same time the system of heritable succession 1 Diplomatarium Norvegicum (several separate documents). 2These ancient deeds, containe e Diplomatariumth n di Norvegicum were printed smala d Shetlan n i an ly collectione dk deedOr f o n s issue privatr dfo e circulatiot na in 1840. SOME KmGOTTEN INCIDENTS AND PERSONAGES OF SHETLAND. 33

wels i l illustrate d; whil alss i ot ei conclusively shown that large landed estates, which are usually represented as a feature of modern growth, were accumulated in the northern islands at an early date, even during Scandinaviae th n period, sid sidy eb e wit e smallehth r holdings, which were unquestionabl e characteristiyth c feature Udath f lo e system there. e dee f divisioTh do s giveni Diplomatariume th fuln ni n i l Norvegicum, e place-nameth vii . p 436d . an , e criticallar s y discusse e latth e y b d Professo . MuncA . f P rChristiani o h a pape n i a r Memoirse inth dea l Societe Antiquairess de du Nord, 1850-60.

IV.—TESTAMENT or SIR DAVID SINCLAIR OF SUMBUKGH, 1506.

Equally interesting indications of the more opulent life in the islands in early times are found in the testament of Sir David Sinclair of Sum- burgh, signed at Tingwall 9th July 1506. Sir David was third son of Earl William St Clair, from whose other sons and daughters he obtained Sumburge th othed han r propertie Shetlandn si deey b , d date t Edinda - burg Decd highs 3r .estee n hwa 1498i e H m. wit Kine hth Denmarf go k and , and while occupying the position of Great Fowde of Shet- lan de sam helth t eda tim e appointmeneth f Captaio t n Generae th f o l fortres t Bergesa Norwayn Wille ni th copa n , I whicf .yo preserves hi d among the papers of the Sheriff Court of Orkney, and has been printed Miscellanye th e Bannatynn i th f o e Club e fin w ,r dDavid' Si tha l al t s inherited property in Shetland, together with valuable personal property, was bequeathed to Lord Sinclair, while Lady Sinclair and other noble friends were suitably remembered e followinth d an , g Shetlanders, viz., Thorral f o Bruchtd , Richard Lesk, William Spens d otheran , s received various small land othed an s r presents t George'S o T . s altar, in the Danish cathedral of Koeskilde, he left the gold chain which he got from the King of ; a cup was destined for St Magnus Church at Tingwall, but seems never to have reached that place, and his black velvet cloak was left in the proportions of two-thirds to the church at Tingwall, and the remaining one-third to the Cross-kirk of Dunrossness, venerabla e fabric which 0 yearexiste30 sr fo dlate r e swepb onl o yt t c VOL. xxv. 34 PROCEEDINGS OF THE SOCIETY, DECEMBER 8, 1890.

away at the end of last century by an ignorant barbarity ever to be reprobated and deplored.

V.—FIGHT WITH INVADERS FROM THE LEWS. This incident, which is stated to have occurred in the reign of Queen Mary, is related in a M.S. Description of Dunrossness, by Mr. James Kay, Minister thereof (from 168 o 21716)t , containef o . 8 volumn . i d2 . 13 e e manuscripth t collectio Advocatese th n ni ' Library. " I can hear of no Battels fought in this place [Dunrossness]; only here (as in other places) they hav t wanteeno d Feuds, which have occasioned some skir- mishes. One in the reign of Queen Mary between Oliver Sinclair of Brow in this parish and Hutchen of the Lews, the occasion whereof was this. William Lewe oth f s having marrie Heretrin da thixn i s Countrey, Oliver Sinclair being Fow r Governodo Countrye th f o r , feared lest William [Macleod Lewse th f ]o , bein greaga t man, should possibly have oppose therefor; m dhi concludee eh do t make him away, to which he was not a little instigated by his wife. And because he could not avowedly effectuate his murderous design, he resolves at length upon this expedient, tha woule h t and, dgo n sho i , f friendshipwo , visit him, which done, under pretex f intimato t e Comradship woule h , d exchange pages with him. In the meantime he had conduced his page, thus exchanged, to kill him, which he did that same night. In revenge of whose death Hutchen of e Lewsth , brothee deceaseth o t r d William, made several inroads into this Country s peoplhi t ehu ; here having advertisement given the somy mb f o e inhabitante th Faie th rf so Isl e whom the d conduceyha thao dt t purposer fo , the first two attempts he prevailed not. But the third time he overtook the boa e boatmee tth e edgth befor t th f o landee pu o t n sh e d dan sword. Which done, he landed at Gairth Banks without opposition, and mad greaa e t slaughter, especially about Quendale a quarte, a mil f o er from Brow, where in one morning fell above sixty souls. But Oliver himself fled to Soumburghhead, where being hotly pursued he leapt over, but eventually fallin a rocke clif f f greee th o escapeo gh t, t n i uponbi da n without more eyed n prejudicHutche a e an los,f y th Quee o b s t s i nebu n Mary commanded back." Local traditio s preservenha d emphaticall e memoryth f incursionyo s Lewismene th y b . Scene f conflicso t with the stile mar l pointen o t dou e Linkth f Sumburgh ssande o th t ya shord an ,t ea where eth " Lewis Scords," so called, are still shown. The present encounter, inspire revengey b d , appear o havt s e taken plac t Quendalea e e th n i , SOME FORGOTTEN INCIDENT D PERSONAGESAN SHETLANDF SO 5 3 .

same parish of Dunrossness; but the incursions were frequent, arid spread over a lengthened period, and the accounts as reported at the n some i mixepresenar p eu y d confusionda t n o i s a y. 146 e ravagesth 1 f theso e marauders forme e subjecth d f como t - plaint by Bishop William of Orkney to the King of Denmark and Norway.1 The story here given, though not corroborated by any known record, may be supposed to approximate to accuracy, as the alleged occur- rence was at no great distance of time from that of KEY, who recorded it. Oliver Sinclair of Brew was the Great Fowde of Shetland who enter- tained Both wel s strang156n hi i l n 7o e meteori ce norther visith o t t n islands after his flight from the side of Queen Mary on the field of Carberr ytime famile Hillf on firseo Th t f a Bret. yo s considerawwa - tio Shetlandn ni , possessing extensive propertie e soutt onlth no sn hy i e countryth f e islan o t als th d bu ,n f Uns o i do en elsewhered an t . They seem to have gone rapidly down after the time of the present Oliver, t representativebu s remained int presene oth t century, whe e succesnth - sion passed to the family of Mr Grierson of Quendale.

VI.—SLAUGHTER OF EICHABD LEASE.

The following is quoted from the same manuscript as the preced- ing :— "Not long after this [the incursion of the Macleods of the Lews] happened another [skirmish] between Henry Sinclai Sanf ro d wic Henrd kan y Dillidasse, occasione somy db e little prejudice Hous e donth Broservann f e i e o th wo t f o t Henry Sinclair n revengI . e whereof, being instigate s wifehi y , b dHenr y Sinclair conduced'hi stato b Richarsman d Leask, son-in-lawto Oliver Sinclairof enterins wa died e BrowChurche h e dooe h th o . gs .th s a ,of rd whichd an , di e h , Henry Dillidasse, son-in-la deceasee th wo t d Richard, bein Orknen gi e th t ya time, and hearing of the Murder, went over to Caithness, and assembled some of Friendhis revengsto father-in-law'ehis s death, with who cammhe e ove Zetrto -

land t HenrBu . y Sinclair, with friends som hi followersd f eo san , being fled north the length of Laxfoord, 2 he pursued after them, and they not advertised of his arrival were returning southward. So they met upon a Moor between Laxfoor Lerwickd dan , wher t firsa e t meeting Henry Dillidasse desired them surrendeo t Murderere th r whon o , mighe mh t inflict condign punishmenr fo t Diplomatarium Norvegicum, vol. v. p. 605. Laxfirth. 1 2 6 3 PROCEEDING SOCIETYE TH F O S , DECEMBE , 18908 R .

his crime, promising that upo doino ns g there shoul nothine db t peacgbu d ean friendship betwixt them ; whic othee th h r refusin , thedo y o gt prepare a r dfo skirmish, in which Henry Dilliclasse slew the Murderer with the shot of a Pistol, and the rest were forced to flight. Henry Sinclair himself narrowly escapede Sinclaion d f Burran ro , a swimmed ove o Trondrat r , nea mila r f eo Sea. In this skirmish several fell on both sides." This Kichard Leask (" Kichart Lesk") who was murdered at the door Crose oth f s Kir Dunrossnessf ko s appointe wa r ,Davi Si y db d Sinclair to be one of his executors in his testament of 1506 before referred to. Sir David bequeathed to him 20 merks of land in Cwndistay [Brindista ?] an ship—"mda y Inglis [i.e. English] schipe wit l geir.store al h Th y" e murdeoth f s nowheri r e else recorded o knowledgn d an , f Leaso e k otherwis preserves ei islandse th n di . The above incidents (V. and VI.) are printed for the first time in Mill's Diary, recently issued by the Scottish, History Society. The t availablworno s i k r generaefo l circulation, which justifie e reproth s - duction of the stories here.

VII.—TRIAL OP CULTEMALINDIE, 1577. histore Thereveno th n n f s i Shetlanei yto d that equal intensitn si y of interes e tria th f tLaurenc o l e Bruc f Cultemalindieo e o recorn ; d approachin tragican i t gi l detailvividlo s r o , y portrayin sociae gth d an l economic condition of the islands, and that at a time of exceptional interest, following upon the crisis of the Reformation, and the upheaval and unsettlement of political affairs in Scotland which ensued. It must be remembered, too, that at the time Orkney and Shetland had been little more tha ncentura y dissociated from their direct dependence upon Norway. The extraordinary is that while the extortionate and tyrannous characte f Loro r d Eobert Stewart' e islands th rul s n i esha been well understoo a genera n di l way e detailsth , , and eve knowe nth - ledge of this trial having taken place, had passed entirely out of view until the record of the trial itself, now preserved in the Register House, fell into the hands of the late Mr Balfour of Trenaby, who presented it a contributiosa Maitlane th o nt d Club.1 1 Oppressions of the Sixteenth Century in the Islands of Orkney and Zetland : from original Documents. Edinburgh,' MDCCCLIX. SOME FORGOTTEN INCIDENTS AND PERSONAGES OF SHETLAND. 37 Harassed by every form of plunder and oppression, discouraged and dismayed by the overthrow of cherished institutions and usages of great antiquity, which were admirably suited for local requirements, and liable to the penalty of death itself if found complaining, the inhabitants were completel e handth f n thio i sy s merciless tyrant, whose will- g instrumenin s Laurencwa t e Brucee crie f Th o complains . t were stifled, and appeal to the rendered wellnigh impossiblee persistenth y b t tbu ; courag locaa f eo l gentleman, Arthur Sinclai f Aitho r a formidabl, e indictmen t lengta s hwa t framed and'' produced against Cultemalindie; and as there were other more serious charges against Lord Robert Regene th , t Prive Mortoth d y an Councin l coul longeo dn r refus interfereo t e . Two Commissioners, William Mudie of Breckness, a former Chamber- laif Orkneyo n d Williaan , m Henderson, Pursuivanty b , Commission date t Dalkeita d h Novembeh9t r 1576, were instructeo dt proceed to the islands, and make an investigation on the spot. Their Courts were held in the month of February following (1576-77), the record of the proceedings being titled—

"THE COMPLAYNTIS AND PflOBATIOUNIS LED THAIRUPOUN OP THE COMMONOWNIS AND INHABITANTS OP ZETLAND RESSAV1T AND TANK UP BE MAISTER WILLIAME MUDIE OP BREKNESS AND WILLIAME HENDERSOUN, DINGWELL PURSEVANT, COMMISSIONARI N THAI S T PAIRT SPECIALIE CONSTITUTE CONJUNCTLIE, BE OUR SoVERANE LORD AND HIS GHAOIS EEGENTIS COMMISSIOUN DIRECT TO THAME THAIR- UPOUN THE DAYIS RESPECTIVE UNDERWRITTEN, IN THE MONBTH OP FEBHUAR, THE YEIR OP GOD imvcLx SAXTEIN YEIRIS, IN COURTIS E SAITH D DAYIS HALDE E THAMB N E RESPECTIV TlNGWALT A E N I L ZETLAND." The Courts appear to have been constituted, and the evidence taken recordedd an , wit e utmoshth t carformalityd ean proceedinge Th . s form, indeed kina , f Domesdado y recore theth nf do existin g community, that is, of the " Commons and Inhabitants " as they are termed, though there are instances of clergymen and holders of church revenues ("kirk- men "), and larger landowners, also introduced. The heads of families evern i y parish were summoned mosd an f the, o t m see havmo t e entered 8 3 PROCEEDING SOCIETYE TH F O S , DECEMBE , 1890S R .

appearance, their names, and very frequently also their places of occupancy or ownership, being given. Nine special articles, which formed the body of general complaint, were inquired into by the Commissioners, and the evidence of each parish in order was laboriously taken on each of the articles, bringing out the • details of oppression and the environing circumstances with romantic t appallinbu g vividness. Then f followegenerao t d particulase an a ld r complaints by different districts and individuals, all investigated by the leadin f evidencgo same th en i e way. Finally, special " Bill f Como s - playnt," over and above their share in the general grievances, were sub- mitted by the following individuals, viz., Andro Hawyk of Scatstay, Barthole Strang of Voisgarth, Andro Fairlie, and Gawane Gadie (of Lngasette n Dunrossness)i r particulare Th . f thesso e latter complaints t givenareno , because explaineds i s a , circumstancee th , t fortse n hi e sar the bills themselves. These special bills are stated to have been forwarde Regent'e th o dt s Grac Secred ean t Council (King Jame. VI s being then in minority), and unfortunately they have disappeared. It is tinnecessary to follow the details of the trial, which are given at printee largth n ei d paperssufficiens i thay resulte t I sa th t .o t st were inadequat s importanceit o t e . Lord Eober deprives wa ta tim r f dfo eo e earldomth Cultemalindid an , s offic hi f Fowde f o eeo t thesbu , e changes were attended with only slight amelioratio e positionth e f th o n f o , islanders. Nevertheless, the efforts of the native patriots, headed by Arthur Sinclai Aithf o r , deserve admiration 'nams hi d famil t ean bu ; y connection have passed entirelf memoryo t e namyou Th f Culteo e. - malindie survives in evil odour, but little is now known regarding him or his 'fiescendants. I have endeavoured from fragmentary notices in local records, native deeds d othean , r source gatheo st r some particulars regarding both Cultemalindi d Sinclairean f o d theian , r respective families. VIII.—THE FAMIL CULTEMALINDIF YO MUNESSD EAN . Laurence Brac f Cultemalindieeo smala , l propert n Perthshireyi s wa , f Joho n n so Brace e th , third lair f Cultemalindieo d y Euphemiab , , daughte f Loro r d Elphingstone previousld ha o wh , y bee mothee nth f o r SOME FORGOTTEN INCIDENT PERSONAGED AN S SHETLANDF O S 9 3 .

Lord Eobert Stewart, afterwards , illegitimate son of Kin s gappearanc JameHi . sV n Shetlanei Greats da Fowde, Chier o f Magistrate 1571n i , thus naturae wa th ,s l s connectioresulhi f o t n with Earl Robert, of whose extortions and oppressions he was the ready instrument. He seems to have been overbearing and turbulent in temper, and, like his master, to have been often in trouble. The culmination of his career of rapacity has already been referre coure unde o th t trias d heae t hi t a th lhelf r d o t Tingwalda n i l 1577. The Privy Council ordained that he must remain on this side " the watter of Tay, and in no wayis transcend the saidis boundis, nor e saidith pas o st scuntrie f Orkneo s d Zetlandan y n timi e comeing, quhil e saith ld orde e tane;b r " e e resulfindinande th th th f s ,o a f t go Commissioners, he appears to have been deprived of the office of Eowde, and Earl Eobert to have been placed in ward. Bruce, however, had established himself well in Shetland by this time, speedily acquiring lands in different quarters, and about 1598 erecting a well-appointed dwelling-house, the Castle of Muness, in the island of . Over the doorwa placee yh dself-complacena t inscriptio follows na s :— " kna o Liat e wy t this building qulia began, Lauranc Brue eth thass lietwa worthy man, Quha earnestlie his ayris and affspring prayis huro t Tt to thino hel d s pwaran k alwayis." The bronze door-knocker of the Castle is in the possession of John Bruce, Esq. f Sumburgh,o describes i d an , Majoy db r "W. Bruce Armstrong in the Proceedings (vol. iii. New Series, p. 101). It bears the name armd an f Andrso o Brus, secon f Munessdo . The records of the Privy Council disclose the following incidents— some of them not very creditable—in Culte«"Jiftdie's career, viz.— 1577, Feb . Signe23 . d bon t Holyroodhousda discharge du e th r e efo of his office of Admiral-Depute in Shetland. 1577, Aug . Charge30 . d with wrongously intromitting witn a h English ship, the " Marie Galliard," in Shetland. 1577, Nov . Take.20 n boun deliveo dt shie th rp " Mynion. " 1577, Nov . .5 Complained agains Barthily tb l Stran Voisgarthf go n ,i islane th f Unstdo r compellinfo , s wifeghi , whe himsele nh absens wa f t 40 PROCEEDINGS OF THE SOCIETY, DECEMBEH 8, 1890.

in Norway, to pay the Bishop's Umhoth duty 3 months before it was r stoppinfo dued an ,g Barthil Augusn i l t last from s voyaggoinhi n go e to Birroun [] in Norway, and compelling him to carry him and his company of 24 persons from Shetland to Dundee without payment. Brace alleged that Stran comeo t asked d offerem gan ha , carrhi o dt d y him free. 1578, Jan. 30. Lord Eohert Stewart, then warded in Linlithgow, grants obligatio returo nt n from Shetland withi na tim e specifieds Hi . suretie t obligatiosge f relieno f from Laurence Brac f Culternalindio e e and others. 1578, Dec . Bruce.22 , allegingfea bodilf o r y harm from Laurence, Lord Oliphant Laurenced an , , Maste f Oliphantro s sonhi , , William Douglaf so Lochleven becomes surety for the Oliphants. The same day the Master of Oliphant alleged similar fea n turf i Bruceo r o n providewh , e th d security of John Livingston, younger of Dunipace, that the Master should be " harmless and scaithless " of him. 1591. April 3. Caution for £2000 (Scots) granted by Thomas Bellen- den, brother of Sir Lewis Bellenden of Auchnoull, for Patrick, Master of Orkney, tha wile t harh t no l m Laurence Bruce. 1592. Jany. 31. Contention with the Master of Orkney in respect of Indemnite th a bilr fo l f Bruceyo , which BilLorde th l s orderee b o t d executionn i t pu . 1597, Dec. 23. Charged, with a number of others, of molesting Michael Balfou f Mountquhanyo r r AndreSi , w Balfourof Strathored an , Michael Balfou f Garth partiee o r Th . s were boun caution di r 500nfo 0 merks. 1609. Jun . 6 eCharged , along with e Councilothersth y n b i ,, connection with the troubles of Earl Patrick. 1610. Sept. 6. Order by the Council for the protection of him and others against Earl Patrick. Culternalindie, though brough o Shetlant t d unde e auspiceth r f o s Lord Eobert, ere long adopted a policy of antagonism to the Stewart earls, as shown above. In 1592 he was a party to a Supplication to e ArticleLorde th th f so s complainin f Earo g l Patrick's encroachments upon the rights of udal landowners in Shetland, among whom he, SOME FORGOTTEN INCIDENT PERSONAGED AN S SHETLANDF O S 1 4 .

formerly their oppressor, now pretended to rank himself. At a later date, 12th Feb. 1606 e pursueh , n actio a e Ear th dn i nl befor e Courth e t of Sessio r contraventionnfo , -becaus ee recor thatth s a ,d expresses it— " after Charg Cautioand e n found, Captain Allan, domestic servanthe to t Earl, and captain of the ship called the Dunkirk, came to the pursuer, being sailing upo s voyaghi n e towards Scotland boarded an , e pursuer'th d s ship, took his household men and servants prisoners, struck and dragged them, and detained them prisoners, took them to land, and keeped them in prison days.x si fiv r o e" casdebateThe ewas d befor Lordthe e point(Morrisonon slaw sof p. , 16,653) finae th lt decisiobu , t givenno s ni . In Fleming's MS. in the Advocates' Library, quoted by Chambers in e Domesticth Annals f Scotland,o accounn a e murdergives i th t f no n i , e soutth h gat f Pertheo f Davio , d Toshac f Monyvairdho Laurency b , e Brace, younge f Cultemalindieo r 20tn o , h June 1618. Four years after this, the Privy Council informed the King that old Cultemalindie, besides servanta banishin sono d offered an tw s ha ,s hi gd 1000 crowns f assythmeno y e friend wa e slaughtere th y th b o f t to s d man £200d an , 0 (Scots) to two men that had been mutilated. The murderer, Laurence Brace younger, seems to have been grandson of the original Laurence Bruce of Cultemalindie in Perthshire and Muness in Shetland, whose son Alexander, father of the murderer, succeeded to the Perthshire property, and appears to have been undone by the sorrows and expenses e causemisdeed e th famil s son y Th hi e lonb d . er f yo g s disappeared from view in Perthshire, and Cultemalindie is now, I understand, a r e Smythestatth farM f n meo o f Methven eo . Andrew Bruce e originath , seconf o ln Laurencedso , succeedee th o t d Muness Castle propert n i Shetlandy s successoHi .s Andrewwa r , followed by Hector, whose eldest son Andrew was drowned about the year 1700. The succession passed to Andrew's uncle, Gilbert Bruce of Clivocast and Muness, who by deed recorded on 28th February 1718 disponed to George Pitcairn, merchant in Lerwiok, the whole remaining property of the family, reserving only the liferent of the house and lands of Ramnagoe for himself and his wife. With him the male line of Cultemalindie became o daughters—Ursulae extinctlefh tw tt bu , , 2 4 PROCEEDING SOCIETYE TH F O S , DECEMBE , 18908 R .

married to John Scott of Voisgarth, and Marjorie, married to John Gauden. The last representatives of the family of Cultemalindie and Muness were the family of the late Gilbert Gauden of Skerpoe, by direct descent from Marjorie Bruce and her husband. IX.—ARTHUR SINCLAIR OP AITH AND HIS DESCENDANTS. Aith, apparently the lands of Aith in the parish of Aithsting, ceased in the early part of the 17th century to be known as a territorial designatio e famile Sinclairsth th f n ni yo Arthu d an , r Sinclair f Aitho , e mos th e leadee patriot f tth th o prominen f e o rf 1576on so d n an , me t of his day, has in that way ceased to be recognised. Some native deeds at present in my hands have made it possible for the first time traco t s lineagprincipae ehi th d s ol a e n la representativf o y da s hi n ei Shetland family, the Sinclairs of Houss and Burra. In 1527 William Sinclair of Houss was present in the army of Orkneymen and Shet- landere battlth f Suinmerdalt o ea s n Orkneyi e , whe e Earth f no l Caithness Governmen heathe the dof at , t forces slaiwas ,n of with500 followerss hi . Sinclair subsequentlys wa , with thirty others, respitey db King James V. Arthu Laurencf o r Sinclain so s e rwa Sinclair , designed Norbiste"f o r " (dee f 1560o d "od fan ) Sandes" (1587)s mother'hi d an , s nams wa e Marion Katell s brotherHi . s were Edward, designed " of " in 1580, David, James, William " of Ustaness " (1584), and others. He was married to Margaret Colvine, to whom he conveyed 40 merks of " conquest land " in the Isle of Trondray in liferent as provision for her. Arthur appears at an early date to have attained to a public position in the islands, a deed of 1572 describing him as " Sheriff of Shetland;" s latehi r prominenc connection ei n wit bringine hth f Cultemalindigo o et justice in 1576 has already been noticed. His property, originally only portioa e paternath f no l estate, seem havo st e gon augmentinn eo g until he became the head of the family. In 1576 he states in his own com- plaint againstk Cultamalindita e th foirbears d hi ha d s ean he s tha e "h t and rowme of the land lyand in the parochin of Dunrosness extending to xxxii merk land, with auchtein merk lan n dAyth.i e declareH " s SOME FORGOTTEN INCIDENT PERSONAGED SAN SHETLANDF SO 3 4 .

further tha possessee h t heritable th d e t Mnian'S titl o et se Islth n ei said parish of Dunrossness. In 1572 he acquired certain lands in Nest- s spouseinghi d ,chartea f dat etc.o an ,d ean favoum n ;i r1581hi f o r , by Lord Eobert Stewart, Earl of Orkney and Lord of Zetland, is of 64 merks of land in Burra and Houss, and 2 lasts (i.e. 36 merks) in North in Dunrossness = 100 merks in all. In 1587 his brothers and sisters made over to him 21 merks in Burra; in 1591 the "toun of Scalloway" was conveyed to him by Nicoll Nicolson, James Nicolson, Katherin Magnus dochterd an , Herman Manson r sonn 159I he ,. acquiree 5h d3 additiona l merkn si e isl f Trondrath o e y from Alexander Irvin d Margarean g t Irvins hi g sister; and Alexander Irwein, "mariner and burgess of Kingorne, one of airie th umqlf so l Williame Irwei f Tronrano n Zetland,yi " conveyo t s hi m159n i mer61 n Cultisweii k 1d J an kmer Houllann ki Tingn i d - wall. Besides these and many other acquisitions, his having been a man possessed of capital is indicated further by his having obtained from Andro Hawik of Scattsta in 1591 wadset of 8 merks of Graven in Beltin "0 2 Angel r gfo l Noble 8 merk f f gold, o so f "Wodbeste o d s "an r in Tingwall and 2 in Voe, Belting, for 50 pieces of the same; while the purchase in 1600 from Adam Sinclair of Brow, with consent of Helen Brace his spouse, of 5 lasts ( = 90 merks) in Whiteness and , states i o havdt e cost £200 e 0othe th Scots n r O hand. 159n i , 2e h sells and dispones to Nicoll Garoche a small piece of ground, 16 f t. x ft.0 4 , " withi e boundinth f Scallowao s moneyf certaia o y r "m fo nsu , paid to him, as the deed expresses it, in his " urgent necessitie " at the date of the making thereof. He seems to have been alive so late as 1617 when Adam Sinclair of Brow granted a charter to him of lands in . n 158I 8 Laurence Sinclair f Arthue eldeso th ,n so tr Sinclai f Aitho r , obtained from Lord Robert Stewart a disposition of the lands of St Ninian's Isle (Melby Papers), of which Cultemalindie had wrongously seize e yea e rente th cropd th dutie th rf o an sr 1575 fo s . This dis- position was probably merely the restoration of the isle to the rightful owners. In 1620 and 1634 this Laurence Sinclair, designed "of Houss," the 44 . PROCEEDINGS OF THE SOCIETY, DECEMBER 8, 1890.

eldest son, has charters in his favour. James, the second son, designed "of Scalloway," has charters of lands in 1626 and 1629, and a Charter of Adjudicatio n 164i n 2 (Melby Papers) e e estatefamilth Th f . o ys were thus apparently divided betweesono f Arthutw so e nth r Sinclair, the designation " of Aith " lapsing. Arthur Sinclai Houssof r , precedinapparentlthe of gy son Laurence , was served heir to his grandfather, Arthur Sinclair of Aith, on 17th October 1634.1 The estate, as specified in the deed, is very extensive, comprehending Houss and other places in the isles of Burra, and numerous lands in other parishes, viz., Dunrossness, Tingwall, Whiteness, Weisdale d Bressayan e , DunrossnesTh . s properts i y describe "e s lastida 5li s terraru e Browmd " (i.e., 5 lasts 8 equa1 o t l merks merk0 each9 r all)n o thid ,i s an s; suggest impressioe th s n that the Ayth and Houss properties may have at one time formed a portion e extensivoth f e e familestatth f f Sinclaio yo e f Brewo r , thouga h remnant of the original property continued for nearly a couple of centuries longer in that family, with the old designation " of Brew." 2 Arthur Sinclair of Houss appears to have left a daughter (or sister), Grizel Sinclair, heirespropertye th f o s . James Sinclai f Scallowayo r ,

his uncle, married Margaret Smelholme. On 2nd August 1667 he Arthum1 s Sinclair de Hous, hmres Arthur! Sinclair de Aith avi (Inquisitionum ad Capellam Domini Sec/is Retornatorum quiz in publicis Archivis Scotice adhuc servantur, AVbrematio, vol. ii., MDOOCXI. Orkney Shetland,t e 1605-1699). e positioe estat th Th 2e 17t f f Breth o eo nn hw i centur e s showyi th y b n following deed of 1639 :— "Disposition by Laurence Sinclair of Brow to William Sinclair his eldest son of 5 scor merk4 e1 pennies6 e mer th sBrown i k merk0 1 , n Whilygairti s h adjacent7 4 , merks in the said town and among the lands of Brow adjacent thereto, belonging to Kirk and King and the Lordis of Norroway, all lying amongst the said lands of Brow, in all 7 score and 17 merks all 6 pennies the merk all in the parish of Dunrossness." o wer e "Lordth Wh e f Norwayo s " sometimes allude n Shetlani o t d d deeds? They occasioe appeaon n o rn whic s comha h e unde y noticm r o havt e e beeo n lord t alla s t certai,bu holdery la n f properto s y which belonged originalle th o yt pre-Keformation Churc Norwayf ho . From a bond granted by Alexander Sinclair of Brew in 1756 the rental of the estat Bref eo w then remaining appear havo st e bee monen ni y £206 Scots largA . e portion of the surface was blown away and overspread with sand. SOME FORGOTTEN INCIDENTS AND PERSONAGES OF SHETLAND. 45

wadsette Laurenco t d e Stewar f Bigtoo t e landt Ninian'nth S f so s Isle, which appear ever since to have been incorporated with the property. Arthur Sinclair, son of James Sinclair and Margaret Smelholme, succeeded to Sealloway, and married Grizel Sinclair of Houss. They thred ha e sons, Arthur, Charles Laurenced an , . Arthur, the eldest son, succeeded. On 31st October 1678 the propertie f Seallowaso d Housyan s wers grandhi ey b dispone- m hi o t d uncle James Smelholme d obtaineha o wh d, possession unde decrea r f eo adjudication in his favour, apparently for behoof of the family, on which he was iufeft in 1677. On 29th November 1692 this Arthur was served heir to his grand-uncle Smelholme. A list of the properties, consistin e islf f landHurrth o o g e man d n i san a y small holdingn i s different parishes, is given in the deed.1 His wife was Margaret Bruce, daughte f Bruco r f Munesseo dieo dwh , soon aftee marriageth r , leaving an only son, who was bound apprentice to Alexander Guthrie, W.S., Edinburgh, and died in Edinburgh in 1705. Charles Sinclair, brothe e foregointh f o r g Arthur, succeede Sealloo dt - way, and his mother, Grizel Sinclair, in 1706 disponed to him the lands of Houss. He died at Edinburgh in 1710, leaving three sons, Arthur, Eobert, and Laurence. Arthur, the eldest, was drowned in going to colleg t Aberdeeea Novemben ni r 1716. Eobert secone th , d son, bor 1702n ni , succeede estate,e n i th d o dt an 2 1721, when only nineteen years of age, married Philadelphia Dalmahoy, daughte r JohSi f no rDalmahoy . Their family n namewerso a ed daughters o Catherined Jametw an d n san An , . James, the son, born 1726, died in 1762 unmarried. In a deed of

Arthurus Sinclair de Sealloway, hwres Jacobi Smellliolme, portionarii do Pres- 1 n fratrito s Margaretae Smellliolme, fratris proavice (Betours f Service,o Orkney ct Shetland). Robert Sinclair of Sealloway and Houss died 3rd January 1741. An epitaph in 2 elegyn Latina d , an ,wer e compose Reve th y . db Joh n Skinner, Episcopal clergyman, at one time tutor in the family. The epitaph and elegy were both supposed to have been cop a losts foun t ywa bu , d among papere Seallowath f so y famil 1837n yi d an , was inserted in copies of the collected edition of the author's works published by J. Chalmer Co.s& , , 1809. 6 4 .PROCEEDING SOCIETYE TH F O S , DECEMBER 8, 1890.

s designei 176 e h 0 d "great-grandso d onl an ne ydecease th hei f o r d Arthur Sinclai f Housso r , herito udaller.d an r " The elder sister, Ann, married John Scott of Melby, and died in 1757, leaving an only child, Philadelphia Scott, who was married to George Chalmers, tide-surveyor in Lerwick. Catherine, the younger sister, married in 1750 James Scott, merchant in Scalloway,1 and died in 1772, leaving four sons and five daughters. On the death of James Sinclair s sistehi , r Catherin s niechi ed an Philadelphie a Scott were served heirs in special to Robert Sinclair of Scalloway and Houss, and they disponed these estates to James Scott, the husband of Catherine, on 30th April 1771.2 James Scott was succeeded by his son— John Scott of Scalloway, who married a daughter of John Scott of Melby, and had an only son— John Scott of Scalloway. He married Jessie, daughter of Gideon Gifford of Busta, and, dying in 1850, was succeeded by his son, Gideon Scott of Scalloway and Houss (died 1873), whose sisters, Miss Grace Eliza Scott and Clementina Charlotte Scott, widow of Mr Charles Spence, S.S.C. als d s daughtersoan ,hi , Grac Beatriced ean , survive. The pedigree of the family in its earlier stages is given with a rough approach to accuracy by Van Bassan, a Dane, quoted by Father Hay.3 Van Bassan, who claims to be a relative, says (his spellings are retained):— " Arthur firse th , t Lair f Houssdo , begot upon Dorothee daughte Davio t r d Dunbar of Entreohin, Arthur and David of Arisdall, Chamberlane in Shetland espouseo ,wh d first Rutilia, daughte Bertelo rt l Mowat Haguelandf to , upon who e mbegoh t Miohaell Saintclar Dalsholf eo e countth n i lf Hullen yo , Captain to the King of Norway and Danemark, slain at the siege of Folcalmar in , who left by Anna, daughter to George Monsioll of Dalsholl, and widow to Matthias Torbrun, a son of the house of Hesseleholme in Sweden, a daughter called Boella Rutilia, married to a Captain in Danemark surnamed Bassann Va . James Scott, merchant in Scalloway. See FAMILY OF SCOTT OF SCOTTSHALL. 1 above 2Th e particulars regardin e Scallowagth y famil takee yar n chiefly froe mth Condescendence for James Scott of Scalloway in the process at his instance against John Bruce Stewar Symbisterf o t h Jul8t , y 1779, preserve . amon MS papere n gdth i s of the Sheriff Court of Zetland at Lerwick. Genealogie of the Saintedaires of Soslin, compiled about the year 1700 ; priuted

18353 . SOME FORGOTTEN INCIDENTS AND PERSONAGES OF SHETLAND. 47

" Arthur, second Laird of Houss,1 had a sone named Laureance of Lustenesse in Shetland, begotten upon Margaret Colville, who left to succeed him Arthur, begotten upon Margaret Southerland daughtea d an , r named Grisall, thereafter Heretrix of the estate. " James Saintclair, second son Arthuo t e r Sinclai Margared an r t Colville, Lair Scalavaf do , married Margaret, daughte Georgo t r e Smallain, merchann i t numeroua d Leithha d san , family e lef succeeo H t a younget . m hi d r sone named Arthur : George, his eldest sone, dieing unmarried. This Arthur married e heretrith f Houssxo Cousin-germans hi , s sonhi lef o eo s t t Arthu d an , n i r succession Hous Scalavad san . This last married Margaret, daughte Hectoo rt r Brace of Mounus, Justiciarie of Scotland [? Shetland], who bore to him a sone same oth f e name diverd an , s other childering enjoo estate wh ,y th Scalavf eo a in Shetlan t thidat s day." I have been thus particula n tracini r lineage th g descenn i e t from Arthur Sinclair of Aith, because he is entitled, in the history of the islands regardee b e foremoso t ,th s da f nativo t e patriots.

X.—EARL PATRICK SCENA : SCALLOWAN I E T CASTLE . 1600c , . The castle of Scalloway was built by this tyrannous earl in the year 160 alsos 0doubt(a o n , precedinn i , subsequend gan t years) s comHi .- pellin e nativegth labouo t ss erection it t a r , without meat, drink payr o , , is preserved on record and in tradition. The only incident hitherto known connected with the building is the alleged scene between the Ear Pitcairnd an l ministee th , f Northmavinero , whe e wrate nth th f ho forme s e arouseminister'wa th r y b d s s pointinenormitieshi t ou g , suggestind an inscription ga e doorwath r nfo y which bor insinuation ea n e instabilitoth f housa f yo e built upo na sandy n ,unworthy a tha , is t , foundation e inscriptionTh . mucw no , h worn s givei , n Gifford'i n s Description f Zetlando (1733) e castl s Th lonha .e g bee a nroofles s ruin. In Morison's Decisions, vol. xix, p. 16,481, under the head VISET METTJS, a case " Earl of Orkney against Vinfra "—reported in Haddingtoris MS. vol. i., No. 1074, is thus quoted, under date 21st February 1606 :— " The Earl of Orknay charged Andrew Vinfra to pay to him 2000 merka. e suspendeH d thae Contracth t s nullwa t, becausextortes wa t feay ei db r 1 This would appea Arthue b o t r r Sinclai f Aithe Cultemalmdi o r e herth th f , o e trial. A 48 PROCEEDINGS OF THE SOCIETY, DECEMBER 8, 1890.

and dead-dome ; because the Earl having caused send this Vinfra to him to his Castle in Zetland, presented to him this Contract subscribed by the Earl, and commande subscribto dhim whiceit, saihthe d Andrew Vinfra refused, wherewith the said Earl was so offended, that with terrible Countenance and words layind an ,s hanghi d upo s whingernhi e threateneh , d with execrable oaths to bereave this Vinfra of his life, and stick him presently through the head wit s whingerhhi e subscribeh f i ,jusr fo t o dfea s e bein noth d r an ,g compelle exceptes subscribo t de Ear wa same nulls th th t ly I wa e, b d. it e against the reason that the same was not relevant to stay the execution of his decreet; which the Lords repelled, because it was only a decreet of registration e Contracoth f y compearancb t a procurator f o e . Nex e allegeh t d thae th t same could not come in the way of exception, especially because there was no fact nor deed libelled, but only boisterous words which could not be thought just fear, chiefly seein provo offeree t g h m e dhi tha e saith td Andrew Vinfra, by his missive letter, had offered to contract upon those conditions before the date thereof Lorde Th .s foun e exceptiodth f feao n r very relevan d suffian t - ciently qualified, but in respect of the answer founded upon the missive letter, they ordaine produco dt e sameth e before interlocutor." Nothing further is reported of the case, but it is an interesting record of a characteristic incident within the Castle of the rapacious Earl, n islandef a e courago par th f o d tn n i refusino an re g tamelo t y submi, morevertyrante is th t I o t t . , worth f notyo e tha t thia t s period the protection of the law was available against even one so powerful as obligeds wa Earle o th , wh ,lik e other litigants o refe t e ,s claith hi r mo t Supreme Court, with t wouli s a , d appear, only indifferent success. In the name of the defender we are warranted in discarding a printer's placn errori "f d eo Vinfr an , a rea"o t d Andrew Vmfra nama , f someo e historical interest. Ther s littli e e doubt thae Andreth t s thiwwa s Umfr conveyeo wh a o Dunkirdt e shipwrecketh k d seamee shith p f o n of Admiral Don Juan Gomez de Medina of the Spanish Armada, wrecke a maste s Fai e 158n di th wa rr n e 8Islemarinero H . , probably n ship d possesseow an , s ownehi f f somo do r e landed propert s wellya . In 1634 his grand-daughters, Jean and Janet Umphray, were served heirs to him, as appears from the following entries in the Eetours:—

"Nov. 26, 1644. JEANNA UMPHRAY, hceres portwnaria Andrese Umphray nautse incolse villas de Scallowaybankis: proavi,— mercatiin7 2 s terraru leispundise li Berrime d 2 . E e: SOME FORGOTTEN INCIDENT PERSONAGED AN S SHETLANDF O S 9 4 .

lutiri, &o.—1-| mercata terrae in Houll: B. 3 mercatce butiri, &c.—feudifimarum: omnibus infra parochia Tinguale md t dominiue l Zetlande md , xix. 106. Nov. 26, 1644. JONETA UMPHRAY, hssres portionaria Andrese Umphray nautaa, incolse villas de Scallowaybankis, proavi—in terris prsedictis. xix. 107. The designation here given, sailor, master mariner, indweller in the town of Scallowaybankis, entirely corresponds with what we should expect to be a natural position for the defender. He was besides a person of some realised means, owner of the small property of Berrie, sufficient to incite the cupidity of the earl. Though Umfra's male line failed, his 'succession having been thus taken up by his grand-daughters, collaterals of the family have main- tained their position in the islands to the present day, e.g. :— 1634—Patrick Umphray of Sand. 1697—James Umphray of Voe. 1698—Barbara Umphray, relict of Thomas Cheyne. 1704—Patrick Umphray of Sand. 1708—John Umphra Astaf yo . 1721—Laurence Umphra Voef yo . 1735—Andrew Umphray, dispones lands of Stove to James Mituhell of Girlsta. 1743—Laurence Umphray of Voe. 1772—Lilias Umphra Stapnessf yo . n e 1837presenI th ,r AndreM t w Umphra f Eeawicyo s infefwa k t by precep f Chancero t s heia yf Joh o r n Umphra f Astayo s greathi , - great-grandfather e parisn landi th , f n Sandstingo i hs e landTh f o .s Ast merks4 a(2 ) wit Hole hth f Astamo , &c., were originally acquirey db John Umphra Scallowayyin Ignanand , e Adamsdochter spousehis , in , 1586. As appears from the Eegister of the Great Seal, a Charter of confirmatio f Octobeo h 4t grantedf s tha o re wa n tth e sal yearn th eo , o t , of the property to them by Magnus Halcro of Burgh, precentor of Orkney, with the consent of the Bishop. XI.—SLAUGHTER-OF MATTHEW SINCLAIB OF NESS, 1602. No particulars, so far as known, are preserved regarding this event, which took place on the 27th June 1602. Several persons were VOL. xxv. D 0 5 PROCEEDING SOCIETYE TH F O S , DECEMBE , 18908 R .

believed to be implicated, and security to the extent of £100 [Scots] from each cautione s take r wa their fo n r appearanc e ensuinth t a eg Lawting Court thereafter, viz.:— David Leslie...... John Niven of Scousburgh, cautioner. Adam Sinclai Browf o r . Willia . . m Bruc Symbisterf eo , cautioner. Laurence Sinclair of Gott. . Malcolm Sinclair of Quendale, cautioner. Andrew Nicolson...... Malcolm Sinclai Quendalef o r , cautioner. William Fennour...... Malcolm Sinclair of Quendale, cautioner. Garthe Hemlein...... William Bruc Symbisterf eo , cautioner. The case accordingly came befor e Lawtinth e g Cour t Scallowaya t , 16th August 1602, when the following persons were indicted for the crime, viz.:— Francis Sinclair, of Uyea. Robert Sinclair, his brother. John Bruce, servito Adao rt m Sinclair Browf o . John Sinclair Laurenco t n so , e Sinclai Gottf ro . Laurence Sinclair Williao t n so , m Sinclai Ustanessf ro . John Lindsay, servitor to Robert Sinclair. Those were all found to be " actual doaris and committaris," and having take e crimth n e upon themselves d beinan , g fugitive therefor, their whole goods, geirlandd an , s were forfeited. The crime appears to have been the outcome of a bitter family feud, partiee th l al s concerned an havo dt e been relatedseparata y B . e action, instance th t a f Robero e t Sinclai f Campstoo r Edward nan d Sinclaif o r e saith d Scollayf monte o 23r th y f dAugustda n o h o , , Adam Sinclair e lisf thosth o t tfirs a n i s oet f t wa suspectedBrowno o s i wh ,t bu , declared fugitive on the 16th, is also found to have been art and part e slaughterth n i , e nighinasmucth e t h befors a he slaughte th e r gave up friendship with the deceased, and after the slaughter intercommuned servantn ow wite actuas th ,hi h l doer, who e alsmh o furnished with money and other necessaries for carrying him out of the country. The judgment of the Court is recorded as follows :— " Quhairunto the Assyse taking long and mature deliberatioun, be the inspectiou e chepturith f e law-buikno th f o s d practick an ,e countri th f o s e in sic caices, and the haill premises found lawfullie provin, decernis the said Adam's haill moveabillis guidi gered an s , wit hails hhi l heritabil landid an s SOME FORGOTTEN INCIDENT PEKSONAGED AN S F SHETLANDO S 1 5 .

possessiounis escheite b o himseld t , an , f beneis countrie th t e withi space nth e of 15 daies, and gif he beis apprehendit thairefter, to be tane to the heiding- hil f Scalloway-Bankiso l thaid tane d strickis b heis an , hi an erhi o t d a nfr bodie in exempill of utheris." Sinclai f Brewo r , thus implicate d condemnedan d , appear o havt s e been altogether in a bad way at this time. A few days before this he was charge s guilta d f wrongouyo d violenan s t intromission wite th h goods of a broken Dutch ship, without leave of the owner, or any commission from Earl Patrick' se parise Fondeputeth th f f do ho r :—o s "The Assyse taking this to consideratioun, and trying him to have com- mittit great wran oppressioud gan n thairinto, voice an en i deeernitha l al i s the said Adam, with his haill moveabill guidis and gere, in my Lordis will thairfor, in exempill of utheris, reserving place to satisfle the pairtie." Whilebees ha n s a stated, actuao ,n l detaile murdeth f so r appeae b o t r obtainable above th , e information regardin incriminatioe gth f partieno n si connection with it are extracted from the Court Book of Shetland pre- serve Generae th n di l Register House havI . e elsewher Mill'sn e(i Diary, Scot. Hist. Society, 1889) printed in full the proceedings of the Court held at Dunrossness, 5th, 6th, and 7th August 1602, at which the case was first brought up. It is possible that further examination of the Court Book, perhapd an s als e recorde Privoth th f yso Council, might furnish infor- mation regarding the deed and the subsequent career of some of the guilty ones. Adam Sinclair of Brew, a near relative, under sentence of death if he returned from banishment, and with all his property forfeited, positioa wa n si f extremityno subsequene th d ,an t recover preservad yan - tion of the family property, or a portion of it, until the present century, remains without explanation. murderee Th d man, Matthew Sinclai f e parisNesso rth f Dunn i h,o - rossness, appear havo st e bee nmembea e Breth wf o rfamily— f o n so a that Oliver Sinclai Fouds wa f Bre o f rShetlano e o wwh d whe e Earnth l of Bothwell, Duk f Orkneyeo , cam Shetlano et s flighhi n i dt aftes hi r parting from Queen Mary on Carberry Hill in 1567. Bothwell was at dinner with" Oliver Sinclair when Kirkaldy of Grange and his other pursuers reache wills countrye hi dth ,y dateB . d 14th February 1570, Sinclair divided his whole lands among his three sons, James, Matthew, 52 PROCEEDINGS OF THE SOCIETY, DECEMBER 8, 1890.

and William Sinclair, the second of whom appears to have been the e presenvictith f mo t outrage. Franci d Eoberan s t Sinclairf o o tw , those incriminated, seem to have been his nephews, sons of William Sinclai f Underhoul(o r n i Unst l d Margarean ) t Stewar s wifehi t , daughte Loro t r d John Stewart, Prio f Coldinghamo r niecd an ,f Lor eo d Eobert, Ear f Orkneyo l . Margaret Stewart was, after William Sinclair's death, married to William Bruce first of and Sumburgh, who obtained possessio f Sinclair'no s property sone th sd followean , d thein row courses. Implicate e murdeth n di f Matthe o r w Sinclair d outlawean , d from Shetlan abovs a d e mentioned, they fell into evid l habitba d an s company in Scotland, resulting in poverty, discord, and litigation, as appears fro action ma Courn i late a t a tr date pursue Jamey db s Sinclair of Scalloway against Andrew Bruce of Muness. The " information " for the pursuer, which contains valuable details of local history and discus- sion pointn o s f locaso l law s preserve,i d amon e papere Sherifgth th f so f Court of Shetland, and a transcript is in my possession. Garth Hemlein, who appears in the list of those at first suspected of complicity in the murder, was a German merchant, Geert Hemelingk of Bremen tradeo ,wh d between Shetlan Continente th d d an appear d an , o st have had a trading station, if not a residence, in the parish of Dunross- ness, probably at the Pool of , at that time a rendevouz of Ham- bur Bremed gan n merchants carrieo brisa wh , n do k trad year0 e30 s ago, latea t a r e expord dateth an f n Shetlani ,o t e importh d d f fiso tan h continental goods. The Earl of Both well, on his arrival in Shetland, entered into a contract with Hemelingk for the hire of his ship " The Pelican," and for another ship of a Hanseatic merchant then on the coast. Both ships were taken in command by Bothwell, along with the two smaller vessels in which s part hi d escape d yha an e dh from Scotland e contraccopth A f . yo t between Bothwel d Hemelingan l s preservei k e Danisth n i dh Eoyal Archives, dated "jnn Schvineborchovett den vofftein denn Augusti nha dergebort Christi 1567," i.e., t Sumburghheaa e 15t dth Augustf ho , A.D. 1567. Bothwell, with the " Pelican " and his other ships, after a battle fought with his pursuers off the Shetland coast, was seized in Norway and SOME FORGOTTEN INCIDENT PERSONAGED AN S SHETLANDF O S 3 5 .

detained a prisoner, and Hemelingk craved the intervention of the authorities of the city of Bremen for the restitution of his ship and the Bothwelly b m hi paymeno t . hire e th Olae du f o tf Sinclai f Bruro - ,de signed as " Kemener und overste principall van Hidtland," gave a testi- monial to Henielingk's character as an honourable merchant in Shetland, and this, with Henielingk's petitioe letteth d r nan fro e authoritiemth s of Breme Kino nt g Frederic f Denmarko . II k s preservei , d amone th g public records of that country.1 "We have thus, in the circumstances connected wit murdee hth Matthef o r w Sinclair, certain side glimpset sa the state of life and society in the islands at the time, and likewise at mose th on f t eo singula r occurrence histore th n si f Scotlandy o flighe th , t of Bothwell, the discarded husband of Queen Mary. Abou e slaughtetime th th tf eo f Sinclairo r , another murder, thaf o t • John Ollawson, was committed in Shetland. The case had at first been f suicideregardeo e appears on a ,s da s froCour e entre th mth n yti books, 27th July 1602 :—" Jhone Ollawsoun r hanginfo , g himself s guidihi , s and gere escheit. t possessioBu "s worldl hi f o n y goods having been obtained by escheit, another victim for extortion was found in the e Gilberpersoon f o Futtounn i t , daywhow fe s ,a afterwards , viz.n o , 6th August 1602, was ordained to enter "befoir my Lord [Earl Patrick Stewart] and his deputis at Skalloway bankis the thrid or feird dayis of Latine th g Court inoctocu slachtee th r f Jhonfo o runderlmo t w la e e yth Ollawsone unde paine th r xlf eo . lib."

XII.—PROCEEDING NINIAF SO N NIVBN, NOTARY.

Apart from legalised tyranne instancth t a yf donatorie o e e th f o s Crown land d revenuean s n Shetlandi s e nativth , e population have suffered much from oppressor a lowe f o s r type, legal adventurerd an s others o swarmewh , d upo f e theso countrys th nISfinian e wa e On . Niven, a notary, who acquired a property, and founded a family which locallw no s yi extinct. Amon Prive gth y Council paperGenerae th n si l Register Hous followine eth g unprinte preserved:s i . dMS —

e wholTh e stor e Lifef James o th s tolyi n di Hepburn, Earl f Both-well,o y b

Professo1 r Schier Copenhagenf no . 54 PROCEEDINGS OF THE SOCIETY, DECEMBER 8, 1890.

Oppressiounes Tirranie d Falcetian s d Crueltiean s s dond an e coimnittit be Neniane Neving upon the poore Inhabitantis e Contrioth f Zetlandf eo . firse r GilberIteth M tm n i t Mowat alledging that umq11 Jhone Mowaf o t Hugoland wes adebtit to him the tyme of his deoeiss qa deceissit in August 1617 the soume of viij c. lib. for the quhilk he haid the land of ester Hugo- land Hograsette d eertanan r e uther landis conteni e Charteth n i t r thairoff and the said Mr Gilbert Mowat not being in possessioun thairof the said Mr Gilbert came dyvers e tennentitymeth o t d soccupier an e saidis th f so s landi requiro st e paymen meallie th f d dewtieo t san s quhilk thay refusid an t seeing he could not prevaill that way Niniane Neving nottar in Zetland on

his pretendit manir drawis up to the said Mr Gilbert ane falss seassing of ane

1 antidait writtene efter the deceiss of the said umq Jhon1 e Mowat in the quhil e hekh d s bailli a inser d authenticm an ehi t k witnesses qrof thaira i e

foure dead and foure leivand witnesses declaris that thay nevir knew thairof

k nor yet ony uther persone in the Cuntrie upon the q fall s seassing the said Mr Gilbert hes obteined two Decreits aganis the tenentis and utheris haveing ryt the ane thairof of the dait the vii day of Febry 1618 wes obtenit befoir Eobert Finlasone then Shiref depu f Zetlan o te tym th othe e r eth d fo r Decreit wes obtenit befoi Lordie th r Conself so Sessioud compeirancn an l no r nfo d ean nul Julf o l e lasyy defenc e th daida t162th f o tf 2 o e quhairupo e quhilnth k decreit thay have raise used dan d letteri Executoriallif so s agani e tenentith s s and possessoris of the said landis for payment to him of the maillis and dewties notwithstandin suspensioneo g tw thais we r s e saio raiseth dtw f o d decreits and seeing the said Mr Gilbert could not [obtain] payment thairof the said Niniane Neving nottar foresaid came dyvers tymes to the tenentis houssis and brak up the dooris windowis and utheris lock fast pairtis and specialie in Novembe saie th d Ninianr anno e himselff came bodi n fer i nf wei o e r accumpanid with sindrie broken men to the landis of Howgoland and thair maisterfullie wold have tane away with tham Arthoa efr r Bobesone tenent thair numbee th quhily xif o rK j saie kth d Arthor haiveand maid some stope thair- intill the said Niniane Neving strok him with ane great battoun on the head shoulded an uthed an r r pairti bodieffutioue s th hi bloos f o est o hi greaf n di no t quantitie. And seing the said Niniane could not prevail nor his intent ful- fillit according to his evill humor he maist wrongouslie and falslie makis ane fals and conterfeit band to the said Mr Gilbert and subscrybit the same as nottar for the said Arthor Eobertsone converting all his maillis and dewteis in

soume an e of "mone contenis i sais e ya th d n fali t s sai e payie banb th d o o dt t Mr Gilbert quhilk he wrongouslie and falslie since the deceiss of the s umqua - hill Johne Mowate quhilk band is registrat in the buikis of Consall and letteris raised thairupon quhilk letteris wes de]yverit to Jhone Eobesone SOME FOKGOTTEN INCIDENTS AND PERSONAGES OF SHETLAND. 55

messenger quha past at the directioun of the said Mr Gilhert and Niniane Nevin e dwellinth o gt ge sai hemth d f o Arthos r under clou d silencan d f o e night brak up his doors sua that the said Arthor wes forceit for fere to flie e hillth so t quhai e remaineh r e dayex spacx th s f eo s never coineino n o gt hous. Ite utheme an thai s r callirwe t Olla Bodderson Hagrasetten ei r quhile kh compellit to grant ane charter to Mr Gilbert of ane merk half merk land of heritage onlie for satisfactioun to the said Mr Gilbert of the wrongis meallis and dewteis that is in the charter quhilk wes writtene and subscribit be the said Niniane quhairthro saie wth d Oll s utterliai e wracki alsd an ot compellil al t e tenentimaillie res e th th rese f th f o tth o tma o sl t s al k f paymeno m hi o t dewteid an s notwithstanding they have payi same th t Jameo et s Mowae Ur f o t as being infeft heretablie and Cristan Stewart relict of umq11 Jhone Mowat iufeft in lyfrent quhome the said umq11 Jhone the tyme of his deceis left peaceablie [in] possession! saidie th f !so landis. Item the sd umquhill Jhone Mowat borrowed fra the sd Mr Gilbert ellevine barrellis butter pryce is iiij c. xl merkis for securitie quhairof the said landi f Westeo s r Hugolan wadsen i s gevidi m nhi t confore presenan o mt t Charter maid thairanen t Ollaberria t saie th d e Ninianeb e Nevein xxiiie gth j day of May 1617. Olla Mansone and James Gregorsone famous men are wit- nesses subscrybing thairoff. Item eftee deceisth r f umqo s 11 Jhone Mowa e saith td Niniane Neving hes maid aae contract concerneing the soume of xii c. lib. to the said Mr Gilbert qlk contrac fenzeid s fali t an s t becau s efteri e e decei t th th i s f o s said umq11 Jhone Mowat subscribe e saith d e Ninianb d s namhi en ei with antedaie an giv s e a tsam th e e haid bene lawfulli elyftyms s doni hi n d i e an e e sai daiti161th y d d xxiii e Oll7Ma th tan f ao j Manso Jamed nan s Gregersone are insert as witnesses thairintil hot hes not subscribed the samen hot James Neving who wes fourtie myllis fra that pairt that day of the subscrybeing thairo s subscrybihe f e sam th ts Witnes a e . Upo e qlnth k fals contrace th t said Mr Gilbert with consent of the said Niniane hes obtenit decreit of registra- tioun agani e saiaixie th sdth f so umq Jhonf o y e da Mowat upo e nth !1 s registrat162i e buiki3 th f Consaln i o s l qunairupo e sair nth dM Gilbert intends to apprys the said unq11 Jhone Mowat his haill landis in Zetlane thab td meynean d s myndi Creditore debao t sth l ral thai a sfr r just debtis. Ite mn Novembei d dyveran r s dayes thairoff 1622 yeiris Niniane Neving came to the saidis landis of Ester Hugoland and Hagrasetter to the tenentis thairof thaid an fr violentlie brac p theiku r doori d maisterfullian s e tuia kfr thame thair meallisand dewtiesbe way of spolliatioun and efter the spolliatioune and away tacking thairoff the said Niniane convened accidentallie with James Mowat of Ure immediatlie therefter quha desyrit him to render the samen 56 PROCEEDINGS OF THE SOCIETY, DECEMBER 8, 1890.

back agane bot he being accompanied with sindrie brokin men preiffit to have strocken the said James with ane drawin quhinger. Item it ever wes and hes bene the ancient custom of Zetland amongis the inferiori d commoan s n people thairoff tha f anei t y hones hav n peise ma an et s of heritag sindrid ean e bairnis that efte deceie parentie th rth f s o heritage sth e e equallib l d apportionallisa an e e dividit amongi e bairnes th st thiBo s . Niniane Neving on his pretendit manner instigatis the eldest bairne that is linalli umquhis ehi descendio t e eldesr lth ai fatheri f s i o tt s guidischir o r grandschir to give him charter and seassing of the haill dividit landis in that ane maner awnie persone secluding e thairbd thi rese doith an h s tl sal y under cullo defrauo t pretexd w ran res e la thaif dth f o t to r equall rychtid san portionis that hes possest the saidis landis mony yeiris of befoir. In practeis quhairof ane callit Swannie Jonsoun in Zetland quha wes the xi man that haid succeidit and possest the fourtie merk land of AVyndhouss in Yell in Zetland as thair heretage and the said Swanie deceise ane twentie yeir sinc d haivanan e d four sonis [left e saidith ] mer0 4 s k laud equallie amongis thame viz f everithamo t .o e n merean te k lan s divididi t quhs ahe posses same th t e stilpeciablid lan e sinc deceie eth thaif so r said umquhill fayther to laitlie within yeirithiw eldese sfe sth t brothe rowms hi n ri e die d thaidan r succedis his sone. Trow it is that in yeir 1613 this Niniane Neving instigat the boy to give him Charter and seassing of the haill 40 merk landis that wes devidit in maner foirsaid and efter the giving of the quhilk Charter and Seassin saie gth d Niniane came wit e companhan brokif yo immediatlin nme e thairefter to the saidis landis and houssis of Wyndhouss and thair maist violentlie and maisterfullie brak the dooris and windoes thairoff ejectis and outputis all the rest of his haill aires thair wyffis bairnis and servandis gudis geirand an d possest himselff wit whols hhi e famili dwellid ean s thair presentlie. Item thair being dyveris cuntrie men rood and ignorant quha cannot wryte and reid nor know what securities meynis and the said Niniane causis thame do onything he pleassis and to his humour especiallie quhairas ony sick persone selli pec uthi an sony lanof e pairti the to dr e seller cannot sub- scryb s chartee pairtihi th o t re buye t mos subscrybie bo r b t e saith d e b t Ninian subscrybie nottas h ea d ran r thaiinfo t nottaee beinmakian d t ran gbo s thaime beleive it is valeat quhilk be the Act of Parliament is null upoun the quhilk and siclyke and pretendit Chartoris he gives seassing of ane pendicle of the saidis landis in name of the rest and therefter againe be the saidis oecasionis to his owne commoditie caussis utheris by the samen landis and gives thame uther kyndi f Infeftmentiso s subscrybi nottario tw e valeats b ts a . By the quhilk unjust dealling the haill Cuntrie of Zetland is oppressit and so saie useith d e Niniab t u Neving nottar foresaid. Item it wes the ancient custome of Zetland ever frome the beginyng in respec t bent no thai es famouhe r s nottari e cuntrith n i se thir ages bygane SOME FOKGOTTEN INCIDENT PERSONAGED AN S F SHETLANDO S 7 5 . sufficiens thawe t i t t thaChartey an t r formethas we t d e ministebeth e th f o r paroch uthiy on rr eo tha t haid knawledg letterf eo d coulsan d wrei reid an dt the same Charter wes and is holdin effectual! past memorie of man. To faillie thi foirsaie sth d Niniane Neving hes caused alte forme rth e thairoff especiallie he be himselff or utheris quhome he instigates to by the saidis landis so holdine be the saidis Chartoris from the first anealiers thairoff and thair successori mad san t thame tha byee Chartoriw ar t rne s [and] seassings thairoff conform forme usipracteised th w an to eno t quhile th e db k strange doinge sh absolutlie anulls the haill former Chartoris quhairby men are forceit to by thair heretage aganw ne utherwayir eo f so wano e s t e samth th t e eb y thawa t quhilk dangerous interpryss thai undoutillis liks a i r t fal o et ou l t wilei l breid greatt dissensioun and inconvenientis in the haill cuntrie of Zetland without tymeoua remei foune d b t thairb dou orded yan r taken thairanent. Lastli saie eth d umquhill Jhone Mowat wedset certan s landiehi o sindrist e sempill husbandmen and utheris ignorant of wreitis and securities. The said Mr Gilbert and Androw Mowat send to the said umquhill Jhone Mowat knowing perfytlie that thai wer t weileno l secure wadsee e saidith th n f dso o t landi Christaud san e Stewart saie relicth d f o tumquhil l Johne Mowat having base boan te infeftmen customs a te cuntri th thes n we ni se Tres thai t wi t Niniane Neving caused the said Androw Mowat in the moneth of Aprill jaj thrid vjcan e bein t Edinburgga h mac antiedaitie kan t ban s giv a e dsam th e e haid bene mai grantid dan t Urafirta t t Zetlanha d thrie monethis s beforwe t ei ather wreitti r subscrybitno t quhil wi f Januar fyfteie o o t e kth ,y th da no y t sai r GilberdM t conteinin sowme gth fyftenf eo e hundreth thrie scoir poundis and thrie hundreth poundis of faillie To be payit within short quhill efter the making of the said band quhilk thay presentlie caused registrat and raised letteris of poynding and compriseing and comprysis the said umquhill Jhone Mowa s hailhi t l landis vipo e saith nd antiedaitit ban neved de pennan an r y money givin thairfoir donthis d swe An e .unde r collusioul fraud al f an no d creditouris that hat meanio hn reduco t s e saieth d compryseing quhilk com- pryseing passing thro s whaldii s lawfulna d myndian l l sal thairbt pu o yt e purth e creditori utteo t s r wrac ruyind an k e becau t abils no o tha t le ar y defend thairinti t lsempil lyinbo d r ofr nul gf fa thaimselffifan fo o l la su d an s defenc thaid ean r simplicitie thinkis thairb appropriao yt saidie th l s al tlandi s to thaimselffis contrair all equitie of conscience, the said Androw nather being infeft seissed serve r retouredno d into thes landi e foirsaidith s s Bandis wes antidaitit to prevent all inhibitiounis that wes served aganis him. (Dorso) NINIANE NEVING Informatiou e Greiffith f no s and Complainti f Zetlandso . 8 5 PROCEEDING E SOCIETYTH F O S , DECEMBER 8, 1890. -

This document, which, though undated e yeath r,f o appear e b o t s 1641, reveals a sufficient tale of villainy. Its responsible authors are not named, but it is evident from what follows that these were John Edmonston, late minister of Yell, James Sinclair of Scalloway, d otherse an personTh . s accused, viz. Ninian K"iven, notaryd an , James Mowa f Ollaberryo t e hardihooth d ha , o pleat d d innocencd an e preseno t countea t r petition, whic fine w hd recorde e e Actth th f so n d i Parliamen f Scotlando t , 1641 followss a , , viz.:—

PROCEEDING PARLIAMENTN I S , 1641. SUPPLICATION FOR MR JAMBS MOWAT or OLLABEBHIB AND NINIANE NEVIN OF WlNDHOUS IN YETLAND. Unto the Nobilitie and remanent memberis of the honorabill and supreame Court of Parliament humblie sheweth your honors Supplicants Mr James Mowat of Ollaberri Niniand ean e Nevi Windhouf no Yetlann si d that quhai saie th d rI Mr James being elected and nominat laick elder for the presbiterie and He of Yetland for this present Assemblie conforme to my commission for that effect heirwith produced comm a eI , hei atteno t r e saidth d assemblio t d an e represent both to the parliament and assemblie the disorders grievances and abusis committe e certaib d n factious persons disaffecti d evilan tl disposed asweill of the clergie as laicks for the quhilkis some of them are suspended be lawfull sentenc e Presbiterith f eo otherd ean tindee sar r their legall tryall and censure—of quhilk number John Edmestoun kit ministr at Yell and Mr John Mitchell lait ministe t Tingwalra arcd lan h dean Yetlanf eo tuae dar , quha are lawfullie suspended for their grosse miscariages. And they fearing their just deserved punishment have combyned and bound themselves with James Sincla f Seallowao r y Arthur Sincla f Houo r r PatriM s k Chein f Hairyo e 1 Lawrence Gifhart feea f Weddersto r Wr y archdeanM m Ha . d aan Yetlanf eo d lykewise a deprived minister who politicklie and subtilie to prevein the just complaint d grievancean s s aganes them have forge a scandalloud s lybell fomented with calumnies and untreuthes and therupon have purchased ane warrand from the Committie of Estates for summonding a number in Yetland who have lawfullie proceided aganis them according to the discipline of the kirk and have purchased another warrand for summonding of them before the Generall Assemblie, both quhilkis are execute to a certain dyet now approaching thed yAn . finding saie r Jamethath M d I t s Mowa comm a t e heir as commissioner for the Assemblie and am to remonstrate the saids grievances and to ansuer to their injust persutes alsweill before the Parliament 1 Hairy, i.e., Waley Vailar o , . SOME FORGOTTEN INCIDENT PERSONAGED AN S F SHETLANDO S 9 5 .

aa e saiAssemblieth d I Niniand an , e Nevi lykwism a n e come heio t r ansuer for myself in the saids persutes we ar informed that the said James Sinclair hath denounced or intends to denounce me the said Mr James to the debao hornt froe d rm me an appeareing athe Parliamenn i r r Assemblio t d ean to apprehend my persone for ane verrie unjust cause viz. as cation in a suspension raised be certane udallers and heretors in Yetland aganis quhom the said James Sinclar obteaned ane wrangous decreit for the maills and dewties of their awin Udall lands possest be them past memorie and quhairof purchasee h e pretendidan t Infeftment unde e greatth r e Seale ove e headth r s l kyndlioal f e heretour Udallerd an s s thereo fr Gilber likM s ea t Mouat sone Jameo t s Mouae saith d Urf d Joo t an en Edmestoun hes denouncee th e m d said Niniane Neven to the horne of sett purpose to debar me from defending e saidth sn i causes come sieind ar an ,ee gheirw cleirinr efo g ourselveo t d an s represen e grievanceth t e countrth f so manen yi r forsai equitin di justicd ean e our persons ought to be protected dureing our attendance heir at the leist for the space of some few dayes whill our suspension and relaxation be past be ordinere th Lord Sessionf so doinr fo , g whereo have w f e causeit form r Bileou l upon most relevant reason e t meanseinth bo s n gi e tyme befoi Billr n ou r sca har e considered b r dprofessean ou e r partiear d ou d a enemieswh stryvy sma e troublo t r personseou respecn i , t thereo oughe w f havo t t e persona standin i judicio to persew and defend in the saids matters otherwise both the publick r awiou n n i particula e w d an r interesse shall suffer prejudice, heirfore w e humblie beseik your Lordships to take the premisses to your consideration grano t d t an protectio r personou saiflio y nt sma thae e appearw t e before eth Parliament and Assemblie respective dureing the dependance of the said matter at least for some few dayes till our supension pass to grant us libertie to stand judgemenn i r awiou nr defencefo r tdischargein fo d an e ,Commissio th f go n e r saiJameintrusteth M d e sm notwithstandino t d e saidth f sgo unlawful! horneingis useit aganis us quhilk we shall make appeare to be most injust and unwarrantable in the owin tyme, and withall to discharge all magistrats messenger f armeo s d otheran s s Judges from onie troubiling arreastinr go apprehending our persons in the meantyme, and your lordships ansuer humbli attende ew .

3 August! 1641. This supplicatioune with another in the contrair hereof be James Sinclair being publiklie red be the Parliament, they appoint the pairties haifing interest o appeit r befor e Committeth e e billi th e morn hare r th sb fo thien do i t e s bussines and in the mein tyme grantis protectioune to the supplicantis whill e mornth t night.—ea Parliamente (Actth f o s of Scotland, . 633.volp . v .) 0 6 PROCEEDING SOCIETYE TH F O S , DECEMBE , 18908 R .

Ill August M.DC.XLI. SUPPLICATIO B JAM NS . MOWAT ZETLANDR FO T . To THE KINGS MOST EXCELLENT MAJISTIE AND MOST HONBLE ESTATES OF PARLIAMENT. The humble Petition of Mr James Mouat of Ollaberrie for him- n nami d behalf d sele remotan eth an f f eo e Inhabitantf so Zetland conform Commissiono et , SHOWBTH that wherra n i anns o 163 s majistihi 4 e \ves graceouslie well pleased upon remonstrance of the grievance of the said Island at that tyme by e Petitioneth givo rt e e mosordeth o tt r honble Privie Counsel remedyinr fo l g theirof and authorising a Commissionare for going thither for trying and rectifying all abuses there which order the said Counsell did approve. But in respect of vacation then instant and winter approacheing the going e saioth fd Commissionar vves delaye d theraftean d r being delayed tooke no effect wherethrowe the said Inhabitants have bein and are much grieved and have taken occasio thin i s happie tym reformatiof eo renuo nt e thair said remonstrance by the said petitioner. Therfo s humblii t i r e craved tha a Committit e appointeb - y ex er ma fo d amining the said grievances and concluding upon fit remedies to be applied thert sendiny ob gCommissionara otherwayer eo shalbs sa e found expedient.

Nov. 16, 1641. James Sinclair of Skalloway and John Edmeston, minister at Yell, for themselves and " in name and behalf of the cuntrie of Zetland" complain that they are informed that their adversaries Gilbert Mowat of Garth, Mr James Mowat his son, and Mnian Mven of Windhouse " throw thair bygain miscariagc finding themselves unlegall r seikeina g ane protectioun aganis our horneingis and Captioun upon a pretext that they ar comissioneris to the parliament but can show no laufull comissioun. And seeing we ar reddie with our witnesses and all uthir probatioun:" Wherefore they crave an immediate hearing of their case. On the same day, the Estates of Parliament remit the supplication to Lorde th f Secretso Council . (vol713)p . v . . The matters in dispute being thus referred by Parliament to the Privy Council, further informatio disclosee e subjecb th y n no ma t d when the records of the Council at that date come to be printed. Nothing of SOME FORGOTTEN INCIDENT PERSONAGED AN S F SHETLANDO S 1 6 .

it further is heard of in Parliament until 20th July 1644, when, by a "Judicial Act of Submission," James Sinclair of Scalloway, John Adamson d Mniaan , n Mven consente o e refet e dwholth th r o t e arbitrament of William, Earl of Morton (Acts of Parliament, vol. vi. p.' 179). The result is not known. Ninian Niven was probably by this s misdeedd manhi ol timr fo ,n ea s appea o havt r e begun e earlth n yi century, and his death may have occurred soon after these proceedings. Ther nothins ei g knowprevioum s cominhi f hi n o o st Shetlando gt n I . 1650 we find one John Niven active as a notary in Shetland. In a deed of 1654, in my possession, this John is styled "of Luneing" (Lunna ?); and his son Laurence Niven is named. Thirty or forty years later another Ninian Niven, designed " of Scousburgh," appears upon the scene. Scousburgh, in the parish of Dunrossness, was wadsetted by Nive 168n ni Stewaro 9t s eveha Bigtonf rt o ti sinc d an e, remainen di possessiothe heirthe thaof snof t family, thoug subjecthe h conof t - tinual litigation betwee e representativeth n o familiestw n e I th . f o s 1783, nearl centurya y e wadset aftefounds th e dat a th f wa reo y t b i , judgment of the Court of Session, that the Bigton family were not entitle bondo dt fide possession t onl bu , o retentioyt securitya s na d an , to account for the rents. The title " of Scousburgh " was accordingly claime y Gilberb d t Niven e (soseconth f ns o dhi Ninian)y b d an , daughter Helen, wife of Robert Mitchell, in the middle of last century, otheby r representativesand propertThe . Windhousyof islanthe dein of Yell (Vind-ass, Icelandic, a blowy ridge), acquired by the original Ninia mannee th n ni r describe e petitioth n di Parliamento nt , remained in the hands of descendants, latterly through a female line, until recently, whe t npassei d into other hands.

XIII.—THE FAMIL SCOTP YO SOOTSHALLF TO . The house of Scotshall, formerly in the town or village of Exnaboe, in parise th f Dunrossnessho longeo n s i ,n existence i r . Erected earln yi last century, before 1705, whe title th ne "of Scotshall" begine b o t s foun usen di e famil ,owneth o ywh t becamdi e possesse f somdo e extent of property, and occupied a good position in the islands. The first of the family appears to have been John Scott, designed 62 PROCEEDINGS OF THE SOCIETY, DECEMBER 8, 1890.

"merchan n Edinburgh,i t n 171i o 4 wh "acquire merkd9 f lano s n i d and 13 merks in Goat from Laurence Strang, eldest son and udal successo Laurenco t r e Strang, sometime merchan n Dunrossness.i t " n 171I purchasee 1h merkd4 Berwicn si k fro same mth e sellern i d an ; 1717 was infeft further in 14 merks udal land in Exnaboe, and 19 other merk Dunrossnesn si n Faii d r an sIsle Wily , b dispone- m hi o dt liam Sinclair of Goat, " heritable proprietor and udaller." In 1720 Hector Scott, second of Scotshall, disponed to his wife Janet Douglas, designated " Lady Scotshall, merk0 "3 s lan Scatnesn i d s and 46 in Aith in , with the dwelling-house of Scotshall for her liferent use if she survive him. n 177I 7 Elizabeth Graham, wido f wRobero t Scot f Scotshallo t d ha , placed on the record disposition in her favour by her late husband, of " the manour hous f Scotshalleo , wit mere hon k lan Exnabon di e surrounding n whico e samd th h s an builti e , it , also garden, cornyard d hailan , l offices thereof as well ruinous as in repair;" also 4 merks land in Berwick dwelling-housd an , Lerwickn ei . Lieut. Walter Scot f Scotshallo t e abovth ,f eo eldes Eobern so t t Scott and Elizabeth Graham, appears to have been the last of the family. He disponed the 4 merks in Berwick to John Bruce Stewart of Symbister in 1785, and sold the house and offices of Scotshall to John Bruce of Sumburgh in 1786. Walter Scot s sheriff-substitutwa t f Shetlano eearl e th yn i dpar f o t this century I hav t beet no ebu ,n abl establiso t e s relationshihi h o t p the Scotshall family. James Scott, merchan n Scallowayi t 175n i 0o wh ,marrie d Catherine Sinclair, co-heires f Scallowayso acquired an , d that estat Houssd ean s a , mentioned unde e FAMILe heath th r f dSINCLAIo F YO AITHF RO , appears to have been a son of the above Hector Scott of Scotshall, to whom, according to researches communicated to me by the late Mr R. R. Stodart e Lyooth f n serve s Officewa e dh , hei f provisioro mald an e n general, t satisfactoril e dateno th o t sd bu y correspond r StodarM . t also showed that John Scott, " merchan n Edinburghi t firsd f Scotshallo "an t s wa , a son of Alexander Scott, goldsmith, Edinburgh, who again may have been connected with Scot f Giblastoo t secona f Scotn( o f n Scotso tdso - SOME FORGOTTEN INCIDENT D PERSONAGESAN SHETLANDF SO 3 6 .

d previousltarvi ha n Fife)i o t wh , y settlee th n Shetlandi ds wa d an , ancesto e Melbth f o ry family.

XIV.—SETTLERS IN SHETLAND FROM FIFE. e BalfourTh f Trenab o sMountquhanie th f y(o e family) e Traillth , f o s Orkney, and the Scots of Melby in Shetland, all claim their descent froe eas e th f mFifenamo t Th f Beattoo .e n f i Orkneyno d an , Spence both in Orkney and Shetland, and others, are also regarded as derivatively fro e sammth e quarter, thoug recoro hn f origido s knownni . There have been Spences in Shetland from an early period, perhaps e mortgag e tim th r bac e islandth f fro fa eo th s ks a mf a eo Scotlando st . The town of Crail, at the eastern extremity of Fife and at the mouth of e greath t , seem gooa havo st d d eha dea f direco l t commerce with Shetland, and the local records give indication of personal intercourse and of settlement there. William Brace, first of Symbister and Sum- burgh, seems to have come from this quarter. He certainly retired to it hin i s latter days, having marrie a second d time, leavin e Shetlanth g d propert s eldes hi e n landEobert th o so yt t d s whican , e acquireh n di the east of Fife, Nacketfield and in Kingsbarns, to his son Andrew, foundee familth f f Bruco yo r f Pittarthieo e extinctw no , monuA . - ment to "William Bruce of Symbister is still to be seen in Crail church- yard. A mutilated figure in armour, which has certainly no connection with him, bein f abouo g a centurt e th yn i earlier p u s bee t ha ,se n monument. William Fermor, "burges f Crail,o s s witnesi " a seisi o f t datso n e h Jun9t e 1619 n Williai , m Brace's favoure WilliaOn . m Fermor, probabl e samth y e individual s activ a notarwa ,s a en Shetlani y n di 1602-1603, when he appears to have been intruded into the office of Fowde of Dunrossness, a post never held, except under force, by any one but a resident native. The name Fermour, or Farmer, is still known in Fife coast towns, and its presence in Shetland in this instance is an illustration of the intercourse and personal connection between islande e 16t17td th th Fifan hd n si ecenturiesan .