The Fouds, Lawrightmen, and Ranselmen of Shetland

Home , Aith, Delting, Dunrossness, Fair Isle, Ulsta, Vidlin

FOUDS, LAWRIGHTMEN, AND RANSELMEN OF SHETLAND. 189

IV.

E FOUDSTH , LAWRIGHTMEN RANSELMED AN , SHETLANF NO D PARISHES. BY GILBERT GOUDIE, F.S.A. SOOT.

e FoudsTh , Lawrightmen d Eanselmean , n constitute machinere dth y of local governmen d justican t n everi e y paris n Shetlandhi . Coming down fro mperioa f undefinedo d antiquity, those Parish Fouds lingered on, latterly disguise Scottise th y db h appellatio f "no Bailie, " until well into last century; the Lawrightmen seem for the most part to disappear from view toward sixteente close th sth f eo hRanselmene centurth d an y; , though som f theeo m dayn e perhap ar surviveow , r ou s o without d a t single representative now living.

. 1 THE FOUDS.

Etymologicall d NortherOl e e Fogeti e Four th th Iceyth n(o f s -di o landic) tongue Fogede th , f Norwayo . That countr presene th t y ya da t contains eighteen counties or Amis, each amt divided into bailiewicks, termed Fogderier or Foudries, in the same way as Shetland was desig- nate a "Foudried e oldeth nn i " time. Eac f theso h e Fogderierr o Foudries is presided over by the Foged, or Sheriff, an official of some consequence who e constantlmw y encounte n countri r y districtn i s Norway appointee Fogeds i e o Th kingth . wh ,s entrustey i , b d d with e maintenancd orderth an e carryinth ,w f judgmentsla o t f eo g ou d an , collectioe th revenuee th Crowne th f morno o f N o se . accurate definition than this coul e e givedutiedb th d responsibilitie f nan o s e th f o s Great Fou sixteente closf Shetlane do th th f eo o t p hdu century. What we have now to consider is the position of the Under-Fond, who discharged the duties of a similar but subordinate office in each parish. The spelling of the term varies. Sometimes it is Foud, Foude, and Fowde; occasionally Fold, Fould, Feald.d an prettA y reliable indica- 0 19 PROCEEDING SOCIETYE TH F O S , MARC , 189214 H .

tion of the pronunciation is found casually in a letter from Sir Nicholas Throckmorton, English ambassador at Edinburgh to Queen Elizabeth, when he refers to the " principal man of the isle " [Shetland] " called e moderth o Fogge,"t n e b pronunciatio y whicma s neaa s a s ri h n ni Norway e Fou r Th Foged)(o .d n i questio s Olivewa n r Sinclaif o r apparentls Haverawa o wh , y favourabl Bothwello t e entertained an , m dhi in Shetland on his ill-starred visit to the isles in 1567. Whil e Greath e e chiet th Fous f wa civid l official a functionar, y termed the " Lawman" held the important office of legal adviser and judge of assize, and had generally the superintendence of the framing and interpretation of the law. The Foud derived his authority from e Crownth r thoso , e representin e Crownoffice g th th f Lawma o t e bu , n was apparently elective. Nicol Eei f e Aithislando th f n Bressayi ,do , who was " elected " as " Lawman-General of all Zetland in the Tingholm of Tingwall" on the 27th July 1532,1 was probably one of the last, if e last th f thes o ,t no e native officials. There is no explicit definition of the powers and duties of the Parish f Scandinaviao Foud a er s frosu e lefmo th t t n supremac Shetlandn yi ; but, fro mdocumena e transitioth f o t n period whe Scottise nth h system was beginning to be forced upon the islands with the strong hand, we obtain a sufficiently clear vie f theiwo r function s thea s n recognised. This documen e e triarecor th th t Tingwall a lf s i o dt n 1576-77i , f o , Laurence Brace of Cultemalindie, Foud of Shetland, who received that appointment from Lord Eobert, first of the Stewart Earls, in 1571, and e benefimastes th hi himselfd r f e useo oppressioan rfo t th , dit n i , d nan plunde islandere th f o r s unde controls hi r thin I s. record e Undeth 2 r Foud theid san r duties come frequently into view. They themselved sha received their appointments from previous Head Fouds t manbu , f o y them now incurred the displeasure of the tyrant, and deprivation of their office when they did not fall in with the requirements of his misrule usually followed.

1 Cultemalindie Papers, Balfour's Oppressions, p. 36. 2 Oppressions of the Sixteenth Century in the Islands of Orkney and Zetland: from . Original Documents. Presented to the Jlaitland and Abbotsford Clubs by David Balfour of Balfour and Trenabie. Edinburgh, 1859. FOUDS, LAWRIGHTMEN KANSELMED AN , F SHETLANDO N 1 19 .

To trace their duties somewhat in detail:— The butter, oil, and wadmell (a coarse, native-made cloth) in which the rents and duties were paid, after having been weighed and measured by the Lawrightman on behalf of the people, were delivered to the Foud sthaa "sw t bait e Fowdth hCommowni d an e t jusga st mesour and wecht, without hurt, fraude, or gyle" (Balfour, p. 19). approven A d Bysmar weighinr fo kepts gwa , usually bearin e margth k e Lawrightmath f o e Fou th d bot f an d. o h 37)merchandis d (p n an ; e exposed for sale was valued and priced " be the Fowde, and certain honest, discreit men of the cuntrie quhilk knawis the lawis, consuetudes, and pryces, bayth of the cuntrimenis wairis and merchandis strangearis resortand thair " (p. 40). It was the duty of the Under Fouds to hold periodical Courts in their respective districts alsd an ,o what were called Shuynd Courts e divith r - ,fo estatee sioth f nf deceaseo so d persons amonquaintls i t i heirse s gth A y. expressed in the record : " It is the use and consuetude of the countrie womar o n quhenma deceissesy non , haveand landis, guidis e r geirb o , o t , divydit amangi e airis sth e Underfowd th , e (quhil e e Bailith th f s kei o parochi r yle)no , accumpanyt with certane honest nichtboris, comee th o st principall houss quhai e persouth r n deceissit, calli e Heidbullth t r fo , makin e divisio saie th th f dg o f airschipno , calli Scheinde an t . 58)"(p . r thiUndee Fo sth r Foud receive ninf o e e fe shillingda s Danish, whics hi declared to be equal to six shillings Scots. Cultemalindie abolished this e Fowde'parth f to s duties instead e nin,an th ef d o shilling Danisf o e sfe h money, seized for himself a " sax shilling ox, quhilk is the maist suffi- e goodth f everf o so had, e cien b t y x tha n o ou "tdecease ca t d person . 58)(p . Some example simple th interestind f so e an g proces f servinso g heirs and dividing heritable and personal estate by the Shuynd Court are extant. When Bruce of Cultemalindie was Great Foud, he sometimes forced the position of Under Foud upon individuals against their will, as in the cases of Nicholas of Cullivoe and Garth of Ulsta, both of which were the dollarx subjecsi r y f scomplainfo pa o t o formee t e trial d th Th t ha .a rt e uncoveteth d e honourlatteth d silvea r an , r spoon, which cost eight gudlings t Cultemalindiebu ; t no d reasonn di ow ,e s h thougs hi r fo h 192 PEOCEEDING E SOCIETYTH F O S , MARC , 189214 H .

allow the mo dischargt e dutieseth , refused their clai r re-delivermfo f yo the consideration which they had paid. Parisw fe e nam a h Th f Foudeo f oldeso n time have been preserved, notee b y d herema d ,an viz.:— Andro Tollach, Foud of Northmaven, 1545

Willom, in Brustedt, „ Delting, . ;) Henrie Halcro, „ Tingwall, . 1575

Olaw, Unst, J>

Andro Giffurde, „ Deltin Scatstad gan . , ))

Thomas, „ Northmaven, »

John Smyth, „ Dunrossness, JJ

Gilbert Coupland, „ Dunrossness, »

James Sutherland, „ Fetlar, JJ Walter Smyth, Unst, 1581 Vylzeam Mansone, , , Unst, „ William [in] Neip, „ Nesting, . 1602 Ollaw Sutherland, „ Fetlar, . „ William Fermour, „ Dunrossness, 1603 David Sinclair, „ Burra, „ John Hawick, ,, Yell, . 1604 William [Manson], „ Unst, „ Alexander Thomasone, „ Tingwall, . 1610 Magnus Bult, „ Br essay, . 1612 The island of Unst had two Fouds in 1581, due no doubt to its extent and population, or, possibly, to the addition of an assistant or colleague to an aged or infirm official. The case of Dunrossness, where there were also two Fouds in 1575, is explained by the large area of that parish, which, then as now, included the parishes of Sandwick and Cunnings- unitee on burge d th parish n hi r "o ,ministry, Dunrossnessf "o . There is little doubt that the Parish Fouds, like their superior the Great Foud in the chief Court, acted under a recognised legal system modifie o t meed t insular requirements fro n originaa m l derived from Norway, sometimes referred to as the Book of the Law. Even after transactioe th f pawno t uncommo Scotlando nt no s wa r decision t i fo ,n s FOUDS, LAWBIGHTMEN, AND EANSELMEN OF SHETLAND. 193 e advocateb o t d from Court n Shetlani s o Courtt d n Norwayi s n A . exampl e DecreLawma e thif th eth o s si y e b Bergef no n 1485i , revers- ina gShetlan d decision e ,Appendi th give n i no Mackenzie't x s Grievances of Orkney and Shetland. In the trial of Cultemalindie in 1576-77, the " auld use and consuetude" and the " lawis and auld custome" of the country are frequently appealed to as the rule of governmen d justicean t , well know d conformee nativean th n s a , s to d alleged, for " twa hundreth yearis by past;" that is, back to, at any rate, the middle of the fourteenth century. In point of fact, as proved by numerous deeds extant, several of which I have had occasion to submit to this Society, the legal visages and the language of deeds retained for very long a strikingly close resemblance to the contemporary Norwegian forms. t wit e Bu advene Stewarhth th f o t t e lateEarlth rn i e syear th f so sixteenth century, a new era opened. The aim of the new masters was possibles e subversion local wa th al s a f lr o , law fa institutionsd s a san , , or , at any rate, their assimilation to Scottish forms, the supreme object being, as is well known, the substitution of an oppressive feudalism for free simpld th ean e syste f modao l possessio transmissiod nan f propertno y whic existed hha d from immemorial ages. Accordingly e Booleth , f theo disappearew La Greae d th ; t Foud foun representativa d Sherifa n i er o f Stewart-depute instead s ancienan , hi f do t Althing,Coure th f o t r nativo e Parliament, " Lawting," Sheriff Justicd an , e Court framew lawe sno dth s and mulcted delinquents. The Under Fouds were at the same time trans- mogrified into the Scottish " Bailie." In this way, with the overthrow of the old and the substitution of a new regime, fresh legislation by these Courts for the local government of the islands became a necessity ; and this gradually resulted in the forma- tion of a comprehensive set of municipal Acts, passed at various times during the seventeenth century. The administration of these Acts in every parish was charged upon the Bailies, thus standing in place of the TJnder-Fouds ; and a very fair idea of what their duties and responsi- bilities were may be gathered from the multifarious provisions which the Acts contained. But I have in my possession an original commis- parochiasioa f no l Bailie f dato , e 1671, which authoritatively defines hi s VOL. XXVI. N 4 19 PROCEEDING E SOCIETYTH F O S , MARC , 189214 H .

duties and the extent of his jurisdiction. The document is unique, nothine kinth df o gbein g hithert n recors o a o r knowns o i d t I . follows :—

Be it kend till all men be thir present lettres, We, Mr George Scott of Giblestoune, Stewart Principall Justiciar d Admiralan e f Orknao l d an y Zetland, having power be vertue of my tack therof to nominat and appoynt bailyies within respectivee th , yleparodied san f botso h countreyes durine gth tyme and space therm mentionat, and knowing the integritie, qualificatione and fidelitie of Gilbert Olasone of Islesbrugh and of his abilitie to exerce the office of Bailyierie within the paroch and bounds of the parochine of North- mavein, lyand withi Stewartrie nth f Orknaeo Zetlandd yan d mainlanan , f do saie th d countre Zetlandf yo : Thairfoire havo t e ,e wit nominatm e ty , constitute, and ordained ,e tenolykeath e rb heirosI makeo d f , nominat, constituted an , ordaine the said Gilbert Olasone Bailyie of the said parochine of Northmavein, giveand, grantand committand an , himselo dt f allenarlie, secludin l deputesgal , full power and commissione to excerce the office of Bailyierie within the haill boundi e saith d f o parochines r keepinfo d f an goog,o d neighbourhood an d order amongs e parochinerth t sdoeinr theroffo d f thego an ,m r justicefo d an , that effec fenco t taffid ean x Bailyie Courts withi saie pairy th d nan f o paroct h at all laufull, needfull, and convenyent occasiones, clerks and uyther members of Cour o crea t td caus an te sworn b s r thaifo e r faithfull administrationn i e ther offices (for whom he is holdine to ansuer), decreis in matters of neighbourhood to pronunce and for payment of small sowmes within ten pounds Scottis money, and not to exceid the same valowe and amerccmends of the said Bailye Court, with all priviledges and casualities belonging to that office to apply to his awin use for his labour, and generallie all and snndrie uyther things to do, use, and excerce concerning the said office, conforme to the Judiciall Acts made theranent ; and especiallie with power and chairge to the said Gilbert Olason assiso et s ministehi t puttinr acte d fo statuter th Kire san f th go k f so executionew de o t sicklykd An . e wit intromito ht powem hi o rt t wit securd han e l wrac al waitd an k h goods, conform e instructionth o et e emitteb e m o st e db deputey om r s theranent r whics holdini fo ,comptable e r b h o o e t m o t e them from tyme to tyme : Provyding alwayes, lykeas it is heirby speciallie pro-

vyded, that the said Gilbert Olasone sail use all means possible to provyde laufull tennents for his Majesties Ie3 r lands within the said Bailyerie, and that l endevou al shale e h e us samelpair y th preveno t rf an o tn f e lyino th ty gle lands, and shall not suffer the same to be incrotched upon be the ffewaries, udallers uythersd an , t tha shale ,bu th l defend them agains l oppressionetal d an : ffarder, that he shall cause the ffewares, udallers, tennendes, occupiers of the landis withi saie th nd Bailyieri mako t e e tymeou thankfuld an s l paymenf o t FOUDS, LAWRIGHTMEN, AND EANSELMEN OF SHETLAND. 195

ther duties, conform the'rentallo et finallid an ; e with this provisions saie ,th d Gilbert Olasone give in beffor me or my deputies yeirlie, at the head court to be holdineb themr o registee e proceddins ean m , hi f ro e sai th d n gi office , togither wit name e committare hth th f so l bloodsal f so , ryots, theft, witchcrafttl al d an , nyther crymes committed within the said Bailyierie, and that he conceall no manne f wronro r offencgno e done withi e same nth r commit no , r o facn t no t deid contrai e generalth o t r l acts made anen e Bailyieth t s dutie, undee th r paines containe saie th d thi d n Actdi ran s; presenti continuo st e during will and pleasur allenarlie. In witnes quhairof, written be Thomas Moir, servitor to Robert Drummond, Stewart Cler Orknayf ko I ,hav e signe subscrybed dan e dth samen at Scalloway, the second day of September jajvjc threiscore eleavin yeires, n presenci beffo d an rf thio e r witnessis, Gilbert Neve f Windhousno , David Drummond, merchant in Kirkwall, and the said Robert Drummond, inscriber daite oth f , nam witnessesd ean . Gil b: Neven , witnes. GEOHGE SCOTT. . DrummondD , witness. . DrummondR , witnes. (Dorso)—Comniissioiie of Baillearie for Gilbert Olasone, Baillie of North maven, 1671. The seal bears arms as follows, viz.:— Or on a bend engrailed azure, a mullet between two crescents of the field, and in the sinister chief point a crescent for difference, an esquire's helmet with mantling crese Th pelicaa r piett . he yn ni prope : rmotto , tenebris.in Lux John Scott of Gibliston, near Colinsburgh in Fifeshire, who grants e commissioth f bailliarieno s Stewarwa , f Orkneo t d Shetlanyan d from 167 1675o 0t e appear H . havo st e settle Shetlandn di famils hi d y an , representew no e s Melbi th d Scalloway b dyan a ys familieswa e H . grandson of Sir John Scott of Scotstarvit. s e appointmentermhi Th f so Acte th sbouns d whican wa t o t de h administer sufficiently indicate the position and duties of the Parish Bailie ; and while these duties need not be further alluded to, the local statutes are so uniquely curious as to deserve some consideration in this connection. Regulation n petti s y matter f districo s t management were " statut ordanid an t " from tim timo et e fro beginnine mth seventeente th f go h century d doubtlesan , t mucsa h earlier dates, thoug t e recordhth no o sd 196 PROCEEDINGS OF THE SOCIETY, MARCH 14, 1892.

exist; but the first attempt at compiling a regular code of laws for Shetland appear havo st e beeCoura t na tCastle helth n f Scallowadi eo y f Auguso d 3r t d 1615.an t similacoda A 1s 1f e o e orth n character, t \vitbu h divergences suitabl o Orkneyet passes Coura wa , t da t heln i d e PalacYarde th th Novembeh f Kirkwalln sei o 7t same e th th ef n o o r, year. These enactments forme l subsequene basial th df o s t legislation, their provisions being enlarged and amended in succeeding years. The result was a body of laws of a most exhaustively comprehensive character, profuso practicalle to b t o t ebu y workable readile ever b ,o o nt y accessible to those charged with putting them in force. This, again, led to the compilation of an abbreviated collection, which was known as the "Country Acts," consistin 1 separat4 f o g e enactment r provisionso s . A contemporary printed copy is preserved in the Advocates' Library (M.S. 34. 1. 12), and one is also in my own possession; but as the original versio f thesno s probablei y that give y Giffornb f Bustao s word hi kn i , written abou yeae th tr 1733 (bu t printet whicno s dwa h till 17.86)t i ,

ma wele yb s o copabidt lhi y e b e as textth ; . These formelawa f so r age are so little known, and they so strikingly illustrate the primitive mode f lifso e then existin islandse th n gi , that their reproduction here seems pertinent to the present inquiry :—

THE OLD COUNTRY ACTS, OR ABRIDGEMENTS THEREOF. Ac . Tha 1 tbaillie th t eacn ei h parish concu discipline d assisth an r n i t f o e

the kirk and execution thereof. 2. That none miscarry or lay down the Cross, 2 under a penalty of ten pounds Scots, toties quoties. 3. That all weights and measures be yearly adjusted, marked and observed, confor severae th o mt l Acts made thereanent, unde n pounde painte th r f eo s Scots, and doubling thereof as often as coiitravined. 4. Tha l thiggersal t f woolo 3 , corn, fishd otheran , e apprehendeb s d wher- ever the ythay comean t y cab , n t finthepu d mfirmance n o i themt e d b an , o t , punished wit e stock hth joggd thad an an st s ; none receipt the n theimi r e enactment1Th s passe n thio d s occasio e quotee Miscellanyar nth e n i dth f o Maitland Club, vol. .ii e Crossr summoninTh 2Fo . g meeting e churcth t e a r selsewhereh o th r fo r o , king's service. 3 Thiggers = beggars. FOUDS, LAWKIGHTMEN D KANSELME,AN SHETLANDF NO 7 19 .

houses, nor give them hospitality or service, under the paine of ten pounds Scots, to. qu. . Anen5 t destroyin f ravensgo , corbies, &c. n mannei , unded ran e painth r s in the Act of Parliament made thereanent.

. Tha6 t good neighbourhoo e observeb d keeped dan y tiraoudb suffid an s -

cient bigging of decks, 1 and putting up of grinds and passages, keeping and closin samee g th tha d an ;t none bigaccustomep u 3 d grind passager so s through towns,4 or any way close up the king's high road, under the pain of ten pounds [Scots]; that all decks be sufficiently built before tha first of March, so as all cattle may be kept without decks from the time that the labouring begins ; whatsoeved an r person shall wilfully allow their cattl treao t e d upon their neighbour's ploughed lan r meadowo d s befor e firsf Mayth eo t , shaly pa l for each swin shillingn ete s [Scots] eacr ,fo h shee shillingso ptw eacr ,fo h horse, mare, or nolt six shillings, doubling the same pains after the first of May, besides paymen e damageth f thad o t an t s; theforty ypa y shillings Scotr fo s each winter slap5 foun thein i d r deck : Tha y s t afte Ma firse whoeve f th ro t r neglects to close the grinds, or breaks down or goes over decks, shall pay for each tim eforto s the yo yd shillings Scots, beside e damageth s s; tha l al t within one deck keep good neighbourhood to others by tethering, herding, and folding, as well by day as by night, and not to pasture upon or overlay others with their cattle, nor unlawfully hound or drive upon others, under the pain of forty shillings [Scots] for each fault to. qu., beside damages ; and that none have more swine than effeiring to their land labourings ; and that none have swine pasturing upon their neighbour's lands, meadows, grass, commonalty, and pasturage, neither within nor without decks that hath no swine pasturing

upon them, and that they keep their swine upon their own ground, under the n pound• te pai f no s attonrd [Scots an e damages th y 6 b ] d thaan , t buillings,

pundings, and herdings be used in lawful way before or a little after sun-setting,

8 thad an t none scare, hound bracr o , theip u k r neighbour's punds d buills,an 7 unde paie th rf te no n pounds [Scots], besides damages. . Tha7 t non o intg e o other men's holms r isleso , unden e paite th rf no 9 pounds [Scots] for the first fault, twenty pounds for the second, and for the reputthire b o thievesds t e a prosecutd an , e accordingl e y: moreover th t Ac y b , 1 Decks, i. e., dykes, the enclosing walls of turf or stone. 2 Grinds = gates. 3 Big=build. 4 Towns = tons, cultivated settlements, or townships. 5 Slap™a breach or opening in a dyke. 6 Attour = abov beyondr eo . 7 Funds = enclosures parksr o , thn o e, commonty walle witn di hdykea . 8 Buill = sheltering place cattlr sfo sheer eo p (Icelandic bill). 9 Holms = uninhabited islets. 198 PKOCEEDINGS OF THE SOCIETY, MARCH 14, 1892.

Julf o yd 16283r , tha saie th td penaltie hale on f e exactede thereob sth d fan , deliveree b e othe e judgth o t th e d dilatersr o dth t ehalan o t f r ownero 1 f o s holmse th . 8. That none keep sheep e dogappointe t sucar sbu s ha r allowedo e th y db sherif r bailieo f , wit e advice specia hth th e parish f th o e ln i hones, n me t whos recordee be nameCourto the din stare Books eac theand ,be hof mto answerable for their actings ; and that none run after sheep with a dog unaccompanied, or take in and kill any until first showing the mark to a Rancellman or other honest man, under the pain of ten pounds Scots money firse foth r t fault, besides paymen damagese th f o t doublind an , saie gth d pain e thir th a poin r d e secondfoe e con fo th f b faulditty,rth o t d o -t d tan , 2an

traviners to be holden and repute as thieves, and discharged to use or keep a sheep dog in all time coming; and that none mark lambs or row 3 sheep where ther s differeni e e sigh th f sufficient o t t a ownere floc t th bu kn t i s witnesses, unde paine rth s foresai d: moreover persoy an f ni , sheea shal e plus therewitn ru dogd sheen an , how pafte s amongshi r t s neighbourthoshi f o e s unaccompanied, mark, row, or take home any without showing the same as aforesaid firse th tr ,faul fo shal y t pa lfou r angels, secone th r angelsx 4fo dsi d an , for the third, or at any time under the cloud of night, shall be holden and

reput 'commoea n thief punished an , d accordingly. 9. That none blood, hurt, or mutilate their neighbour's nolt, 5 sheep, or horses, under the pain of ten pounds Scots, besides payment of damages. . Tha respective 10 l dogth al t n si e parishe triee b s d yearlbailie th r y eo yb the Eancellmen and other honest men in the parishes, and if any be found to have dogs tha t allowe taky tno take ma kee o ar sheepr t d eo o p sheewh , p dogs, they shall pay according to the former Act, and the dogs so found to be hanged; and all running dogs to be discharged, under the pain of forty . e b shilling o t g do s e [Scots]doge e owneth th paith e qu.,. d b ,f y to do b an ro t ,

. Tha 11 e Eancellmeth t e yearlb n y swor d examinedan n s oftea s r a no , needful givd accounn ean bailia ,e th eo t anent their diligenc thad an t ethe; y l sewool-skinsal e , heads d markan , s whatsomever d thaan l ;t al thee se y

clothe stockingd san s mad f woole o compard an , e sameth e wit e stochth f ko makerse l line th al d tomes d an s an , 6 mad f horse-hairo e d keean , p accounts

1 Dilators •= informer r accuserso s . 2 Ditty = indictment. Ro o tak t wfleece = eth e off shee pluckingy b p usuas a , n Shetlandi l , insteaf o d 3 shearing. 4 Angels=gold coins, worth about 10s. sterling. 5 jSTolt=cattle. 6 Tomes = fishing lines mad horse-haif eo r (Icelandic taum r; Danish tomme). FOUDS, LAWJJIGHTMEN EANSELMED AN , F SHETLANDO N 9 19 .

thereof; and that they take up inventories from smiths and websters of all work wrough thathed y tb an tm ; non e refuse rancelling givo t inven p r eu o , - tories r quarreo , r offeno l t rancellinga d , unde e reput b e pai d th ro t nan e punished as thieves. . Tha12 tr seduco non e fe ee another man's servant, except the e disb y - charged of their masters, or that they have discharged them forty days before a lawful term ; and that none receipt such servant who are not free of their service, nor give them hospitality, nor entertain them, nor flit them either by thee bar o yet r receiveno ; a entertainedr lanse d no r do , though free, inty oan other parish withou testimoniala t thad an t; none kee n theipi r houses idle women, vagabonds r looso , t ehouse le folk r 4sucho no s,t , unden paie te th rf no pounds, to. qu. . Act13 , August 1630, ratifyin e formegth r Act, forbiddin persoy gan o nt t fortno ys pound ha housp u o t marrewh se s Scotd y an f freso e gear r somo , e lawful trade to live by ; and that none set house or land to such persons, unden pound te e pai th rf o n s said mone d thaan ty ; none seduce, forcer o , transpor othey tan r man's son, daughter servanr ,o tcountry e furtth f ho , under hundree paie on th f no d pounds Scots money. . Tha14 t none ride othey , an labour re man'us r o , s horse without libertf yo ownere th , unde paine rth s following, viz., withi parise nth h wher ownee eth r dwells, to pay four marks to the Sheriff or Baillie and other four marks to the delators or informers ; and from one parish to another to double, triple, and quadrupl foresaie eth d pain eft'eiren parishee th o t tpassee h s s througd an h; that non t otheecu r another man's horse tai r maino l , unden e te pai th f r no pounds [Scots]. Moreover Septemberf o d 3r , , thit ratifiedcontrae th sAc d -an , veners thereof the second or third time to be punished as thieves. . Tha15 t none hid r conceaeno kiny f theftlan o d , sorcery, witchcraft, riots, blood r otheo , r injur prejudiced an y s done t shalbu , l delat repord ean e th t same to their Bailie, as they will eschew to be repute as partakers thereof, and punished accordin lawgo t . . Tha e 16 Bailith t n eaci e h parish take order wit e tryinhth adjustd gan - ing of bismers with the stoups, cans, and other mets and measures, under e pain f Parliamentth o st containeAc thae d th lispunan a t ; n di d upoe nth bismer used for receiving of rent-butter, and other merchandise bought quartee poun8 d 2 soldhundredweightn on a an e r f b do ,ro , allowew la y db in all grocery ware ; and that the can wherein the rent oil is measured, as also that used in bying and selling, contain one Scots quart and a mutchkin of moreo n watewhic n d o .l l coarsan rhal el Tha e e th tcloth , linen stuft'd an , s are measured by be 3 feet 1 inch, or 37 inches long ; and that the ell called the Webster's ell be 3 feet 4 inches, or 40 inches long, on which only unsecured clot measureds hi . . Tha17 t non sheew ero Sundayn po , unde poundsn paie te rth f no . 200 PROCEEDINGS OF THE SOCIETY, MARCH 14, 1892.

18. That none meddle with other men's goods or gear at their own hand, under pretence of alledged debt, especially the goods in their own keeping, under the pain of ten pounds Scots, besides restoring of the goods with their profits. 19. That nonvictuay bu e n wholesalei l , ari da greate retait a t i rl price, before publication of eight days' warnings, under the pain of forty pounds Scots . qu.to , 20. That no brewer sell ale dearer nor effeirent to the price of the malt; e sufficienb d tha t an i t t drin d measurean k , unde e pai th f rconfiscao n - tion. . Tha21 t nonx alemi e, beer r wineo , , unde e pai th f rconfiscao n - tion. 22. That bounds* have no more persons in their families than effeirent to their estate land an sd labouring r mor o d tha f thee an ,o e t on o mt the t ypu another master that needs servants, confor e ancienth o mt t e custoth f mo country. 23. That none delve, till, or pasture upon their neighbour's land or grass, under the pain of ten pounds Scots, besides the payment of damages. 24. That none repair to feasts uncalled, under the pain of forty shillings Scots. 25. That poinded goods be loosed within six hours after advertisement and sute th e satisfied, unde paie fortth rf no y shillings beinScotd an sg; advertised, denie goodse sth poundx , si shal y s lpa f the Scoti r yo s; tak e them awa t theiya r own hands, shall pay ten pounds Scots. 26. That none remove from land r houseo s f theiaccordn o s ow r r shalo , l demolis r tako h e away anything belonging thereto, although furnishey b d themselves, unde e pai rth f twent no y pounds [Scots], besides paymene th f o t damages. 27. That all persons have sufficient cornyard dykes, and that no mends be made for corn eaten within cornyards, except where more than one is concerned in the yard ; he that hath the insufficient dyke must pay the other's damages, as l marksal als r ownee ofo th , r whereo damagese f th mus y pa t . 28. That none libb any beast upon Sunday, under the pain of twenty pounds Scots. 29. That all bloods and riots be assithed according to justice. 30. That all briggs and common passages be kept in repair by the persons used to repair them, under the pain of ten pounds [Scots]. 31. That none use staff bismers, nor any other save such as are adjusted an sel, unded d on an lmarkepai e y twentf rth no bu o dt y pounds Scots.

1 Sounds, The survival of the ancient Norse term bondi, peasant farmer, by whic e greahth t e populatiobodth f yo f Norwano y were designated.

FOUDS, LAWEIGHTMEN, AND EANSELMEN OF SHETLAND. 201 32. That every scatald hav1 e a sufficient pund, under the pain of ten pounds Scots. . Tha33 t non mussee us e l bai r otheo t r moso r bail t tsuc al parbu ts hf a o t

fishere th s have, unde poundn paie te th rf no s [Scots thad an t ]; non e fish with

3 haddock lines within voes 2 from Belton to Martinmas, or so long as they can draw haddocks on hand-lines, under the like pain of ten pounds Scots ; and that none take bair casno tt tan anothen gi r man's ebb, unde like th re paif no poundsn te . 34. That all persons living in neighbourhood keep order, law, and good neighbourhood in tilling, labouring, and manuring the ground, conform to the ancient custom formerly observed, unde paie twelvrth f no e pounds Scots, and, failing therein, to be put from land labouring and ordered to service. . Tha l 35 horseal t s belonging eithe o outscattaldert r r inscattalderso s , oppressing and overlaying the neighbourhood, be instantly removed, after due advertisement given to their owners, and at the kirk door, under the pain of being conflsca eschead kinge an tth o .t t 36. That none contemptuously pasture upon, rive flawes, cut floss, or cast peats 111 their neighbour's scatald, unde n pound e te pai rth f o n s Scotr no s; t floscu sthay beforan t e Lammas-da n theiyi n scatald ow r , withoue du t advertising of their neighbours belonging to the said scatald, under the pain

of forty shillings Scots, to. qu., and that none have more swine than four upon a last o4 f land over winter, under the pain of ten pounds. . Tha37 t none keep scar 5 sheep ,holm n i excep e nessesr b o st i t , clicken di and properly belonging to themselves, under the pain of ten pounds Scots and forfeitur sheee th f po e afte monthx si r s advertisement. . Tha38 t none brin r tetheno g r their horses withi e deckth n s [dykesf o ] kirktowns, unde e pai th f rfort o n y shillings Scot r eacfo s h timeo s the o yd

without liberty aske grantedd dan . . Tha 39 Sheriffe tth eacf o h6 parish, with twelve hones theren me t , ride eth marche parise th f f Octobeho slase o Aprif betwixth t o t d 1s lan re yearlyth t ,

r wheo n required theretscattalderse th y ob , unde paie rth fortf no y pounds. . Tha40 t each Sheriff 7 hav e health e l Country Acts authentikly extracted under the Steuart-Clerk's hands, and cause read at least the abbreviate thereof thein i r Sheriff8 Courts twic yeara e oncr o ,t leasta e , that nonpreteny ma e d

1 Scatald•=• the common pasture ground of a district, whence the district itself is sometimes terme "da Scathald." (Norsey ba a = Vaag)e Vo 2 . 3 Bel ton = Beltane. 4 Lasmerk8 1 t= s of land. Skar=wild, untamed (Icelandic, skjarr).

5 Sheriff. Apparentl ymisprina "bailie.r fo t " Ibid. Ibid,

6 7 8 202 PROCEEDINGS OF THE SOCIETY, MARCH H, 1892.

ignoranc samee th d tak f an ,eo e tru ebreachee tryath f o l s thereof d causan , e poynd for the same, and that they find caution for what part thereof may be due to the Sheriff, or Procurator-Fiscal in his name, and deliver the same to the Sheriff at the head Court, under the pain of deprivation ; and that each Sheriff1 hav authentin ea c Court-Book, wherei acts procesd hi s an l nCoural f so t shale lb written or set down, and that the same be produced to «ach clerk at the Circuit Courts kept in the parish, under the pain of deprivation. e employeb r o . Thaa 41 se d t o about non o g et fishing from sun-sen o t Saturday night till sun-rising on Monday morning, nor travel by sea or land about their secular affair r businesso sothey [bey an r wa r] o ,imploye d therein e Sabbatth n o h day, excep workn i t f necessito s d mercyyan , unde e pairth n of ten pounds Scots, by and attour the penalties and punishments ordained by againsw la l Sabbatal t h breakers. 42. That no person any way impede, molest, or abuse a Eaneelman in the fulfred an el exercis s officehi f e,o unde n pound paie te th rf no s Scots money, besides personal- punishmen a greate d an te roffenc th fine s a ,e given shale b l found to deserve; and that none refuse to aid and assist a Eaneelman in the execution of his office when required thereto, under the pain of ten pounds money foresaid. e executioth n I f thesno e regulations, which see mhavo t e encompassed the entire circle of life and industry in the islands, the Parish Bailie continued, like his predecessor the Under Foud, to be charged with functions which, if they ministered to their own importance and respon- sibility, must have rendered them officious t censoriousno f i , , neighbours. a rude minutn i ag e t e Bu regulation d acutan s e penalties wero n e doub e essentiath t l basi f governmeno s f tho e d maintenancan t f o e public order. n I 172 4 n importans a passed wa t , Ac t s havinobjecit e r th tfo g establishin f parochiago l schools throug e wholhth e count f Shetlandyo ; and a final attempt at adjustment of the native code was made in 1725, when a Cour t a , t hel t Burravoda n 17teo h November, following upon petitions presented by various kirk-sessions and heritors, there was ordained as law what was termed— CompendA Countrythe of Acts directingfor Bancettmen,the and Society for Regulating of Servants and Reformation of Manners, witli their Instructions.

1 Sheriff. Apparentl misprinya t for " bailie." FOUDS, LAAVIUGHTMEN RANSELMED AN , F SHETLANDO N 3 20 .

These Acts provided with great minuteness and stringency for the observance of religion and morals and of the Sabbath day; the trainin f childrengo managemene th , f servants o te maintenancth d an , e of the poor; condemned swearers, liars, and scolds, with suitable apportionmen finef o tdelinquentsn o s ; and, finally, define e dutiedth f so Eancelmene th . Under these amplified regulations justice continued to be administered and order to be maintained in the different parishes, until the entire syste sweps mwa tabolitioe awath y b y f heritablo n e jurisdictions about the middle of last century. It would be interesting if we could re- produce with certainty the forms of procedure in the Courts of the Parish Fouds, but, unfortunately, no formal records of Court proceedings in Shetland in Scandinavian or later Scoto-Scandinavian times are preserved excepe Shui/ndw w fe f i ,a t Bills documentd an similaa f o s r kind, which merely serve o registet d e decisionth r s arriven i t a d particula e recordth r casest e hav w sBu f Distric o e. t f Courto d an s Bailie Courts of a somewhat later, and even down to a comparatively recent, date sufficientle ar , y interesting bead ,an r evidenc persistene th f eo t surviva f ancieno l t native forms. Perhap e mosth s t curiou f theso s e wae compurgatoriath s l system e exculpatorth , y oath behaln o s f o f persons criminall twelvand y eindicted men men six , termeof , d respec- tivel "e saxteyth "e twelterth aithd an "r aith, s als"e a " lawrigh oth t aith," which were continued well into the 17th century. The Fouds and Bailie d formerlha s y their councillors (Raadmen) selected froe th m most reputable men of the district, forming an assize to assist them. The attendance of all householders was required both in these inferior heae th dCourtt a Court d san t Tingwalsa Scallowayd lan thid an s, itself indicate e surviva sth essentiae th f o l l featur f Scandinaviaeo n Courtd san meetings (Things), namely presence ,th equad ean l voic votd f everean eo y free-born member of the State, as contrasted with an elected representative assembly. The Bailie Court Book of the parish of Dunrossness, from 1731 to 1735—Andrew Sinclair, Bailie—is preserved, and is doubtless one of the last records of the kind extant. A transcript is in my possession. The minutes usually begin thus :— 204 ' PROCEEDINGS OF THE SOCIETY, MAKCH 14, 1892.

' " In a Bailie Court, holclen by Mr Andrew Sinclair, Bailie of Dunrossriess, Sandwick Cunningsburghd an , . Court lawfully fenced, Stembord calledd an , Country Acts Coure readTh .t adjourned till to-morro o'cloc0 1 t wa k before noo t ...na . whe e Eancehnenth l otheral d san n concerne d were ordained to attend." Laurance Sinclai f Goa o rs usuall wa t y "Procurator Fiscal f Court"o . The obscure term " Stembord " probably means, eithe lise f thoso th rt e present or of those who ought to be present, or it may be the list of cases set down for trial. This parochial Court Book was noticed in a brief communication to e Societr th ThornsM y yb , Sherife countyth f o fn 188i , 2 (Proceedings, vol. xvi. p. 157), and need not be further referred to. Since the ending of those local judicatories, at the abolition of heritable jurisdictions by 1747in judicia43, the , Georg20 c. l II. eAct administratio the of n the islands has been assimilated to the ordinary system in Scottish counties, the survival until recently of the Eancehnen as subordinate criminal officers being, perhaps, the only noteworthy exception. I have contented myself with thus briefly glancin t thesa g e unique native Courts of Shetland, but much learning was expended, perhaps uselessly, by Dr Hibbert on an elaborate disquisition on the subject, " Memoi Tinge th f Orknen so ro Shetland,d yan " based upon presumptive evidence derived mainly from Icelandic and Scandinavian literary sources, which appeare volumn di Archxologiae th iii f o . Scotica (1831), interestee whico on t y d han an d furthee subjec th refery n i rma t .

2. THE LAWRIGHTMEN. From information ordinarily available, any idea of the functions of the Shetland Lawrightmen could be inferred chiefly from the etymological significance of the term, from such indications as might be gathered from Icelandi r Scandinaviao c n analogies r froo , m stray referenced ol y b s authors, such as Gifford, who, until recently, was practically unknown. In the Cleasby-Vigfusson Icelandic Dictionary the following definition is given :— LoGRfiiTU MENN. In the Norse law, as also in Iceland after the union with Norway, logretta was the public court of law held during the general assembly FOUDS, LAWEIGHTMEN, AND RANSELMEH OF SHETLAND. 205

(Thing) presided an , de Lagma oveth y rb n (Lawman) membere th ; s (logrettu menn), were delegate countiee d th fro l mal s represente assemblye th n de i Se . Norges Gamle Love 10 ; as also Jons-boTc, Thingfam-balk, chapter 2.

But when the record of the trial of Lawrence Brace of Cultemalindie in 1577, formerly referred to, was printed, the Lawrightmen and their functions were brought into view, though at a period approaching the clos theif eo r caree Shetlandn i r , wit clearnesa h s that leave o doubsn t whao t s a t thei e economr th positio n i f s locayo nwa l government there. Balfour accordingl s enablewa y o t suppld e followinth y g definition, viz.:— LAWRIGHTM AN.—Norse Logretta madr, Scabinus. offician A l chosee th y nb Vard-Thing charged an , d wit custode hth applicatiod yan standarde th f no f so weigh d measure generae an tth d lan , interest e herath parishr f do so , especially in the Lag-Thing [" Lawting"], where he acted as Assessor of the Lawman or Fondname latterls Th e.wa y e inferiogiveth o nt r local umpire minof so r questions of scandal, marches, or breaches of the Sheep Acts, more correctly called Eancelmen. complainte th n I s against Bruc f Cultemalindieeo s chargewa t i y ,d b e inhabitantth f Whitenesso s , Tingwall d Weisdalan , e that therd ha e been no Lawrightman in their united parishes since his entry as Great Foud in 1572; "quhilk Lawrichtman," as the record proceeds, "of auld use and consuetude was ane necessar officiar in everie severale yle d parochan f tho e e cuntrie, chosin wite commoth h n consend an t eleotioun of the Fowde and Commownis to keip and giff attendance to the lawful and just cuttell ; quhilk is thair mesour or elwand quhair- wifch thai mett thair clayth, callit wadmell, e dewtiqnhilan s i ke thai Kingie th pa o yt s Majesti r thaifo e r d scalandmalean t s yeirlied An . sikly kei o kt e jus pth t wecht calli e bismeirth t , quhairupon thair haill buttir, bayth of scat and landmales, wes weyit, togidder with ane just can quhairwith thai mesurit thair ulie payi Kinge scath n i t o t . With the quhilk cuttell, bismeir, and can the said Lawrichtman mesurit, met, and weyit the saidis dewiteis of butter, wadmell, and ule fra the Commownis, and delyverit the saimen to the Fowdis, swa that bayth the Fowde and Commownis gat just mesour and wecht, without hurt, fraude, e specialo s officer maid an pairhi e gyle s f An an ra o , t es . attou wa t i r 206 PROCEEDINGS OF THE SOCIETY, MARCH 14, 1892.

man chosin for his discretioun and jugement to be Chancellar of the Assyiss in all Courtis, that quhair ony dificill questioun come in hand, schee h lawe wth , used practican , k thairupon e gavd th e resan , eth f o t assyiss informatiou o t decerne w d pronunciho an n, e decreitsth t , perqueyre defauln i , f scrybiso t d had an ;n ordina ea r stipende th f o e Commownis thairfoir, and was as ane procuratour and defendar of thair richti commonwelth.d san " . This description of the character and duties of the Lawrightman, which was not attempted to be controverted, justifies our acceptance of a genuin s a m ehi tribune f tlieo d people,commonol e s usefua th -n i l wealth of Shetland as was the tribunus for the defence of the interests e plebeian t onecessarth f no s i f Eomet so i adduco y t d furthey an , an e r evidence regarding him. The names of a few of the ancient Lawright- men have been preserved. Among these are the following, viz.:— Magnus Tollach, Lawrightma Northmavenf no . 154, 5 Orme of Bw, „ Dunrossness, . . 1558 Nichole [in] Hard wall, ,, Belting and Scatsta, 1575 Erling of Bw, „ Dunrossness, . ,, Erasmus of Kirkbustare, „ Bressay, . . . ,, David Tulloch, „ Northmaven . „, Christopher Laurenson, ., Walls, . . „

s remarkabli t I e that whil e Lawrightmeth e n e wer th e firs f eth o t local functionaries to be set aside by the new alien authorities from Scot- land, they see havmo t e lingere havthoug, y don ema t beehi n little more than in name, till well into last century. So late as 1733, Gifford, in his Description, fyc., quite distinctly states that— " Ther s als i en ever i o y paris a hlaw-right-man, honesn a tha s i t t man, appointed judicially by the bailiff, as the Eancelmen are. His business is to weig measurd han rent-buttee eth alsd oild judge qualito an an ,t r th f eo y thereof; and, if he finds it insufficient, to return it as not receivable. He is swor justiceo d keeo d nt an ,p just weight measures.d san " ' This account shows some declension fro e positio mth e Law th f -o n rightmen as described in 1577, and some confusion of his duties with e cours th e Foudthos th f timn eI o f e conversio eo .eth f paymentno f so FOUDS, LAWRIGHTMEN, AND RANSELMEN OF SHETLAND. 207

rents, teinds, and duties in kind .into current money rendered the office e Lawrightmaoth f n obsolet naturaa y eb lons l ha gprocess e sinch d ean , s beint o reasothihi n cease Bu r s heare gsi b fo n forgotte. o dt dof n i n a country wher honourable eh generationd an y y serveda s .dhi

. TH3 E EANSBLMEN.

Etymology.—The word Hansel commonly use n Shetlani d o t s a d search, examine, and which is evidently from the Norse Ransage, to search thoroughly, akin to the English " ransack," indicates in itself the characte e Ranselnianth f o r , whic s simplwa h yn authorisea tha f o t d " searcher" into scandal misdemeanourd san districts hi n si . Accordin Gifforo gt d (1733)— " The Kancelman has the power o£ a constable to command the inhabitants to keep the peace and to call for assistance, and to enter any house within the parish at all hours of the day or night, and search the house for stolen goods, which they call ranciling; f thei d y an fin d anything thae e owneth th t f o r house cannot giv a gooe d accoun thew yho t , thecamit y nb e they seizm ehi bailiffe directltaketh o o t wh carrsd , precognitiom yan yhi cause d th an f en; o if it infers the crime of theft, then the thief, with the fangs or thing stolen found in his custody, is sent to the prison, and the Stuart Depute acquainted thereof r tryinappointo fo thiee wh y cas,n i gth da d e f sa accordinan ; w la o gt bailife th f finds tha e representatioth t e Rancelmath f o n n wilt amounno l o t t crime prooy th an f theftf o efo dismissete h , suspectee hth d thief upo goos nhi d behaviour, with certification." sake f completenesth o e r Fo thin i s s inquir n regare nativyi th o dt e official f Shetlando s inducem a I , o quott d e codifieeth d instructiono st Kancelmen, n drawtheii p ru n present for n 1724mi whicd an e , har given onl Gifford'sboon yi 173f o k 3 (reprinte Sheriff'n 1876n i di d an ) s General View of the Agriculture of the Shetland Islands, published in 1814, both works which are little known :—

Instructions Eancelmen.for a Bailli n I e Court, lawfully fenced e wholth , e householders e paristh n i h being present Bailie causo th t , s clers ei ehi lis a sucreaf o kt t o t dhou honest men in the parish as are fit to be Eancelmen, and then he is to enquire each of 208 PROCEEDINGS OF THE SOCIETY, MARCH 14, 1892.

them if they are willing to accept of the office of Rancelrnan, and if an}' of them refuse and can give no good reason for his refusal to accept, the Bailie may poundn te n i sfin m Scotthosd hi e an es; that accept Bailie enquiro th ,t s i e f eo e wholth e householders presen thef i t y have augh objeco t t t against eithef o r made b t e no Rancelmeu they y y wh ma objectiothos o n n d eme an ; n being made, then the following instructions are to be read to them:— lino. You are at any time, night or day, you see needfull, to call for assist- enteo t ance d r an ,withi housy nan e withi parishe nth searcd an ,e samhth s a e upod suspicioy an n an ; n narrowl theftf ca n o u thef i ,yo s yya refus keysu eyo , you are to break open their doors or chests, and if you find anything that is bailliee e fanth o brint th securr o e thiegt e o d ,gstolenth ar an fe u bothyo , , acquaind an hav u scruplBailiey e yo th etan f I . .e abou thingy an tfin u n i dsyo enquiro f t thei e thed w yhousee ar an refusyeho th u , camit yo tell,o t y e b e, take witness upon their refusal, and let the things be secured till you acquaint the Bailie. You are also to examine the house stores of flesh and meale and see if they be correspondent to their stocks, and likewise the wool, yarn, webs, stockings, &c., and inquire how they came by all these ; and if they cannot give a satisi'actory account thereof, and brough and hatnele,1 you are to inform against them. inquiro t e ar eu 2

Broucjh andhamelc, terd ol lawf m o n a , meaning proo ownershipf fo . 1 FOUDS, LAWEIGHTMEN BANSELMED AN , F SHETLANDNO 9 20 .

neighbourhood anent keepin e Sabbath-day gth y u finbreac an yo d f hi d an , thereof, that you report the same. 6to. You are strictly to observe the Country Acts anent keeping good neighbourhood, such as that none injure others in their grass and corn, and rebuke offenderse th , with certification f thei wil,u yyo l , continuinfordo e o t m th o es Court against them ; and that they build their dikes sufficiently and timeously, unde paine th r s containe Acte th . n di "imo. That tenants do not abuse their lands nor demolish their houses through sloth and carelessness ; that you reprove such, and if they continue so , acquaintodo lane th t d master. 8w. You are to inquire if there is in your neighbourhood any idle vagrant person, and to acquaint such that they must either betake themselves to some honest employment, or you will inform against them, s» as they may be punishe ordered dan servico dt d tha e poo an taketh e t e ; b r n thei n i car f ero respective quarters and not suffered to stray abroad. Nor are you to allow any beggar or thigger from any other parish to pass through your bounds ; and, if wilu yo l the , securdo y o offet e o thes r m till the punishede yb , confore th o mt Country Act. doge th youn si l 9no.al r y quarter tr Tha u thad yo t an ,t non allowee eb o dt keep a dog that can take a sheep, unless he is allowed to keep a sheep dog by the Bailithad an t e; non e keep scar sheep d thaotherwayActe e an th th t, n i r sno Acts be observed anent punding, hounding, marking, and taking of sheep. o inquirt e ar n youi lOmo.e u r Yo quarte r anen l personal t s usiny an g manner of witchcraft, charms, or any other abominable and devilish supersti- tions faithfulld an , y inform agains e broughtb s suchthey a o yo conma s t , t - dign punishment. examino t e ar l tradesme1 1al u e TOO Yo . youn ni r e thaboundse t d thean s y make sufficien t imposno t o work d ethei n i d upo y an ,r nan price u s; yo and f i , finsucy dan h transgressors, inforthau yo t m againse t b them s they a o yma s , directsw punishela e .th s da 12mo. Upon any suspicion of theft, two or three Eancelmen may take as many witnesse neighboue s witth o t h o themg r d paris an , d rancellhan ; and, if they catch a thief, they are to acquaint the Baillie of that parish thereof, who will order the thief to be secured. e intrustee lasar th tAnd u placen i yo ,d s a wit, ha powe f inspectino r g the lives and manners of others, so let your own life and conversation be exemplary unto them for good, and take care you are not found guilty of those faults yourselve e callesar thareprovo u dt yo t othern ei should u yo s; for f i ,, your punishment shall be double to theirs. Now all those instructions, as n youi s i r t poweri fas promisu a r yo , d sweaan e r solemnl e sighth f o tn yi Almight greae th u shal t yo a lday s ya answem , Godd Hi faithfull an o ,t r y and honestly to observe and perform. VOL. xxvi. o 0 21 PROCEEDING SOCIETYE TH F O S , MAEC , 189214 H .

The closing head anent impeding, maltreating, or abusing Banselmen, alreads ha Countre th yf o bee y2 4 nAct t givesAc ante.s na One Eanselman e only on s knowi ,f i , n literaturei n , namely, Niel Ronaldson, who geniue mth Scotf spresenteo s ha t" e Ranselmath s da n " of Dunrossness in the story of The Pirate. I can myself remember one excellent and respected Ranselman, James Sinclair, Out Voe, in the same parish, the last in that quarter of the country. The last appointment of a Ranselman, so far as I am aware, was made n 1836i e petitios deliverance Sheriffhi Th th . d o t nan , e thereupon, presente r ThornsM y b d , e countySherifth f e preserveo far , e th n i d Advocates' Library, and are as follows, viz.:—

Lerwick, 15ft Dec. 1836. Unto the Honorable the Sheriff of Orkney and Zetland, and his Substitute for Zetland e Petitioth , Johf no n Bruc f Sumburgheo , Tutor-at-lar wfo Miss Robina Hunter of Lunna,

Humbly sheweth, f wholesomo t se Thaa y etb local regulations, calle e " Countrdth y Actf so Zetland whicf "(o hprintea d abridgmen herewits ti h produced), acknowledged on all hands to be admirably adapted to the peculiarities of these islands, and which have been acted upo r generationfo n s back a descriptio, f parisno h officers called Banselmen, whose principal duty is to check and detect petty thefts, are appointed to be yearly, or as often as needful, sworn before the Sheriff faithfue th o t , l performanc e dutieth f theif eo so r office, whic fulle har y detaile saie th d n dActsi . parise Thath f Lunnastingn hi to greatee th , propertre parth f o t f whicyo h belong petitioner'e th o st s ward appointmene th , f Ranselmao t r somefo s -nha time been neglected, and the consequence is that petty thefts have increased to an alarming extent, and the petitioner, as the only possible plan of preventing the progress of so distressing an evil, has resolved to apply to your Lordship trustworthof havto set ea y persons swor abovBanselmenas the nin ein act ,to mentioned parish. May it therefore please your Lordship, in considering the premises, to direct Bobert Anderson, Hamnavoe ; Laurence Humphray, Vidlin; Michael Humphray there; Andrew Laurenson, junior, Skelberry; Laurence Humphray, Flugart h; Thoma s Laurenson, Lunin g; Jame s Pearson, Hamnavoe; William Johnson, Lunn a; Willia m Johnson, FOUDS, LAWKIGHTMEN, AND KANSELMfcN OF SHETLAND. 211

Kirkabister Roberd an ; t Thomson, Gilsbrake appeao t , r before your Lordship examinedorden e i ,b o t r ,admitted sworan , n in Ransels da - t withiac foresaie o t nth n me d paris f Lunnastingho e termn i , th f so regulations above mentioned. Accordin Justiceo gt , &c., GILB. DUNCAN, for the Petitioner.

Lerwicit, 16th Dec. 1836. The Sheriff-Substitute having considered this petition, grants warrants to and appoints the persons within named and designed to be Ranselmen within bounde th limitd san sparis e ofth Lunnastingf ho power,e witth l hal s pertaining e saith e dimmemoriao th t offic d usagy b ean f theso ew la el islands, and ordain same th s e person appeao t s presencn ri Sheriff-Substitut e th f o e e b o t e sworn into office. AND. DDNCAN.

Lerwiek, 16th Dec. 1836. presencn I Sheriff-Substitutee th f eo , compeare withie dth thiy ns da named Robert Anderson, Laurence Humphray (Vidlin), Michael Humphrey, Andrew Laurenson, Laurence Humphray (Flugarth), William Johnson (Lunna), William Johnson (Kirkabister) Roberd an , t Thomson whoo ,t administeree mh d e oatth h defideli. AND. DUNCAN. (Dorso)—Petition to the Sheriff for Appointment of Ranselmen in Lunnasting, 15th December 1836.

If the above is not the last instance of the appointment of Kanselmen, t inappropriatelno y ma t lateste i s certainlth i d t f i yan ,o conclude yon e this attempt to set out the character and functions of the time-honoured Pouds, Lawrightmen Eanselmeid an , f Shetlano i d parishes. Sinc above s writtenth e ewa I hav, e learned that Sheriff Mackenzie, late Substitut t Lerwiekea n applicatioa d ha , nwithi m madhi e o nth t e last few years, for the appointment of Eanselmen in the island of Fetlar. He did not accede to the application, as the practice had fallen into desuetude. alsm a o I informe r BrucM f Sumburgy eo db h that thersoms wa ee tal f appointino k g fresh Eanselmen abouts 186wa r t 1863i o 2 t bu , 212 . PROCEEDINGS OF- THE SOCIETY, MARCH 14, 1892. '

then thought that the system was getting out of date, and there were doubts of its legality. In consequence of complaints of petty thefts in Faie th r Isle f whico , r BruchM s proprietorei Banselo swore h ,tw n ei - me than ni t 1869 n isllati o s es e a .desire e th Thi d dse ha effecth t a t time, and in a few years their office became a sinecure, and their employment was discontinued.

MONDAY, 11th April 1892. PROFESSOR DUNS, D.D., in the Chair. BalloA t having been taken Mons . BARRIEBE-FLAVYC . , Avocat, Toulouse, was electe dCorrespondina g Membe e Societye th th f o d r an , following Gentlemen were duly elected Fellows :— AHSTER DUNCAN, Chinese Imperial Civil Service. JOHN KINROSS, Architect, 1 West Savile Terrace. SIMON LINTON, Langhaugh, Peebles. Rev. JOHN THOMSON e ParsonageTh , , Rosslyn. Right Hon. LORD TOEPHICHEN. The following Donation Museue th o sLibrart d man y were th lai n do table thankd an , s Donors:e voteth o dt —

Eevy B .) GEBVILL(1 . ECHESTERJ Russe2 , l Chambers, Bury Street, London. Three Archaic Terra Cotta Vases (one broken) from Semenieh, Upper Egypt. A small Vase of Basalt from Abydos, Upper Egypt. . Greenstone objec f unknowo t e fronus m Abydos. Toad-shaped Lamp of Terra-Cotta (Eoman period) from Fayoum. A Cornelian Necklace and a string of yellow Beads (late Eoman) from Echmin, Upper Egypt. Strin f blud o blacg an e k Beads (XVIII. dynasty) from Gurob, Fayoum. Bright blue Ushabti Beads Doll'd an , s Hair from Thebes.