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The Fouds, Lawrightmen, and Ranselmen of Shetland

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The Fouds, Lawrightmen, and Ranselmen of Shetland 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 defini- tion 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 f Berge no n 1485i , revers- ina gShetlan d decision e ,Appendi th give n i no Mackenzie't x s Grievances of Orkney and Shetland.
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