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    Oppressions of the Sixteenth Century in the Islands of Orkney and Zetland
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Transcribers Note The cover image was created by the transcriber and is placed - photo 1
Transcribers Note:
The cover image was created by the transcriber and is placed in the public domain.
OPPRESSIONS
OF THE
SIXTEENTH CENTURY
IN THE ISLANDS OF
ORKNEY AND ZETLAND:
FROM
ORIGINAL DOCUMENTS.
PRINTED AT EDINBURGH:
MDCCCLIX.
THE MAITLAND CLUB.
JULY M.DCCC.LX.
THE MOST HONOURABLE
THE MARQUESS OF BREADALBANE, K.T.
President.
HIS GRACE THE DUKE OF ARGYLL.DAVID BALFOUR, ESQ.BERIAH BOTFIELD, ESQ., M.P.HIS GRACE THE DUKE OF BUCCLEUCH AND QUEENSBERRY, K.G.ANDREW BUCHANAN, ESQ.THOMAS BUCHANAN, ESQ.WALTER BUCHANAN, ESQ., M.P.ALEXANDER CAMPBELL, ESQ.10HUMPHRY WALTER CAMPBELL, ESQ.JAMES T. GIBSON CRAIG, ESQ.DAVID DREGHORN, ESQ.WILLIAM JAMES DUNCAN, ESQ.THE LIBRARY OF THE UNIVERSITY OF EDINBURGH.WILLIAM EUING, ESQ.ALEXANDER S. FINLAY, ESQ., M.P.THE REVEREND WILLIAM FLEMING, D.D.JOHN GORDON, ESQ.JAMES WYLLIE GUILD, ESQ.20HIS GRACE THE DUKE OF HAMILTON AND BRANDON.WILLIAM HILL, ESQ.HONOURABLE JAMES IVORY, LORD IVORY.JOHN CLARK KENNEDY, ESQ.GEORGE RITCHIE KINLOCH, ESQ.JOHN GARDINER KINNEAR, ESQ. [SECRETARY.]THE REVEREND MATTHEW LEISHMAN, D.D.THE REVEREND LAURENCE LOCKHART, D.D.JAMES LUCAS, ESQ.ALEXANDER BENNETT MGRIGOR, ESQ.30JOHN WHITEFOORD MACKENZIE, ESQ.SIR JOHN MAXWELL, BART.JAMES PATRICK MUIRHEAD, ESQ.SIR ANDREW ORR.ALEXANDER OSWALD, ESQ.JOHN MICMICHAN PAGAN, ESQ., M.D.WILLIAM PATRICK, ESQ.THE QUSTOR OF THE LIBRARY OF THE UNIVERSITY OF GLASGOW.JOHN RICHARDSON, ESQ., LL.B.40JOSEPH ROBERTSON, ESQ.WILLIAM ROBERTSON, ESQ.ROBERT SAWERS, ESQ.THE REVEREND HEW SCOTT.JAMES Y. SIMPSON, ESQ., M.D.WILLIAM SMITH, ESQ.WILLIAM SMYTHE, ESQ.MOSES STEVEN, ESQ.WILLIAM STIRLING, ESQ., M.P.50JOHN STRANG, ESQ., LL.D.ALEXANDER STRATHERN, ESQ.ARCHIBALD CAMPBELL SWINTON, ESQ.ADAM URQUHART, ESQ.
PRESENTED TO THE MEMBERS
OF THE
MAITLAND AND ABBOTSFORD CLUBS,
BY
DAVID BALFOUR
OF
BALFOUR AND TRENABIE.
TABLE OF CONTENTS.
Page
Preface
Introduction
Articles and Informations by the Inhabitants of Orkney and Zetland, of the Oppressions committed by Lord Robert Stuart. December m.d.lxxv.
The Complayntis of the Commownis and Inhabitantis of Zetland, and Probatiounis led thairupon. February m.d.lxxvi.
The Commission by King James the Sixth to the Chancellor and others, to try Lord Robert Stuart for Oppression. m.d.lxxxvii.
A Supplication to Parliament by Lawrence Bruce and others, against Patrick Earl of Orkney. m.d.xcii.
Appendix and Glossary of Unusual Words
PREFACE.
The following documents illustrative of the Oppressions of Orkney and Zetland in the Sixteenth century, are now for the first time presented to the public, and have been carefully transcribed from the original MSS., or from contemporary and authentic copies.
I. The First Articlis given in against Lord Robert Stuart of Orkney, 16th December 1575, are printed from an official copy of the same period, preserved among the very curious collection of Scottish State Papers in the possession of the Right Honourable the Earl of Hopetown, whose ancestor was Lord Advocate in the next reign, and I owe the knowledge of its existence to the information and courtesy of Mr. Joseph Robertson of the Register House.
II. The Complaintis and Probatiounis of the Inhabitantis of Zetland, against Laurence Bruce of Cultmalindy (February 1576), are printed from the original MS., authenticated by the signature of the Royal Commissioners, Mudy and Henderson. This curious State Paper was shown to me about twenty years ago by a late Sheriff of Orkney, and I then made two transcripts, one of which, with the original, I gave to him, retaining the other, which, at one time, I feared might be the only existing copy of so interesting a document. On his death the MS. disappeared till 1856, when it was offered for sale to Mr. David Laing, to whom the Antiquaries of Scotland owe so large a debt of gratitude, and to whose kindness I also am indebted for the opportunity of collating my transcript with the Original.
III. The Commission to Sir John Maitland, the Chancellor, and Sir Lewis Bellenden, Justeis Clerk, and to Sir Patrik Ballentyne 1587, to enquire into the complaints against Lord Robert Stewart, lait Erle of Orkney, and James Stewart of Grmsay, his natural son, is printed from the original MS., authenticated by the signature of Andro Elleis, Clerk to the Privy Council. This Commission was previously published in the Antiquarian Magazine, October 1848, by Mr. George Petrie, the most diligent and useful of Orkneyan Antiquaries, but by his kind permission is again presented to the public in a form more lasting and accessible.
IV. The Supplication to the Parliament be the Gentilmen of Orkney and Zetland (1592), is printed from a Doubill of the same period among my own papers, and is inserted, not so much for the sake of any information derivable from the statements of these Udack pretenders to Odal rights, as to illustrate the ignorance which so rapidly effaced all Odal traditions even in Orkney, and to share with others my enjoyment of the pleasant Measure for Measure exhibited in the complaints of Laurence Bruce as a victim of oppression.
. For etymological reasons, I prefer the terms Odal and Odaller to the more usual but less correct forms of Udal and Udaller .
I have endeavoured to elucidate a subject so interesting to my countrymen, but so inaccurately understood even by those best acquainted with the general history of Scotland, by prefixing some introductory notices, adding an explanatory and etymological Glossary of unusual terms, and appending the Complaints of the Orkneyans against David de Meinars (Menzies of Weem) 1427, from the Orcades of Torfus, and a Sketch of the early Survey and Valuation, Rentals, Weights, and Measures of the Islands.
I had intended to add a number of documents illustrative of Odal Law, Succession and Pedigree; of Things, Oaths, and Umbothskap; of the Conveyance, Assedation, Impignoration, and Redemption of Land; of the Transition from Norse to Scottish law, language and thought; and of the Oppressions and Assumptions of the Stewart Earls of Orkney. But the growing mass of such materials, and the difficulty of rejection or selection, where all seemed to me so interesting, have compelled me to forego so large an addition to a volume already unduly extended.
Balfour , 31st December 1858.
INTRODUCTION.
The History of Orkney and Zetland is still to be written. There is no part of the United Kingdom which possesses historical materials more ample, or more early, and none so little known as these, the last acquired of the British Isles. But where the sources of information are so scattered and inaccessible, it is perhaps easier to estimate the amount of attainable knowledge, than to fathom or fill up the depths of inevitable ignorance, and I am far from pretending to supply this desideratum. I still hope to see it in abler hands, when the same research, learning and acumen, which have done so much to elucidate the Celtic history of the North of Scotland, shall be applied to the parallel subject of these not less interesting Islands. In my essay on a theme so difficult both from its antiquity and its novelty, I shall account it a sort of success, if my statements, omissions or mistakes, shall tempt or provoke some more capable or more practised inquirermore earnest, and more honest in the search for truth, he cannot be.
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