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Court Proceedings – 1613


COURT BOOK OF ORKNEY AND SHETLAND – 1613

[Extracts concerning Rousay]

Vigesimo primo Januarii 1613


Tailyeour contra Flawis

The quhilk day George Traill in Westnes becam cautioner and souertie for Thomas Flawis in Wosbuster that he shall not molest nor trubbill James Tailyeour thair nor na utheris his majesteis lieges nor subjectis within the cuntrey of Orknay, bot that he sall observe and keip his majesteis peace with all and everie ane of thame under the pain of 1 li.; and the said Thomas actit him to warrand and releive his said cautioner of the premissis.

Flawis contra Tailyeour

The quhilk day Edward Alschunder in Rowsay becom cautioner and souertie for James Tailyeour in Wosbuster that he sall not molest nor trubbill Thomas Flawis thair nor na utheris his majesteis lieges within the cuntrey of Orknay, bot that he sall observe and keip his majesteis peace with all and everie ane of thame under the pain of 1 li.; and the said James actit him for releif of his said cautioner.

Edward Garsetter contra Henrie Alschunder

The quhilk day Henrie Alschunder in Langskaill in Rowsay, being accused for the hurting and wounding of Edward Garsetter in Sorwick upone the face with a wand upone the … day of Junii last wes, to the effusioun of his bluid, quha being personallie present denyet; thairfoir the judge referrit the mater to the knawledge of ane assyse of the persones following, viz –

Assissa

William Irowing of Sabay, chancelar
William Sinclair of Grenwall
Edward Sinclair of Esinquoy
William Irowing, baillie of Schapinschay
William Beg in Horraldsgarth
Nicoll Sinclair in Kirkwall
Magnus Hardie thair
Thomas Louttit in St Olais parochin
Harie Spence in Skapa
William Chalmer in Kirkwall
William Brown in Orphair
Johne Gareoch in Paplay
William Corrigill in Harray
Walter Lachtane in Holme
Robert Cragie in Bruch in Sandwick

Quhilkis persones being chosen, suorne and admittit, past altogidder furt of court, ryplie advysit inenterit agane, fand and delyverit the said Henrie to have strukin the said Edward a blae straik on the face with a wand and nocht to have bled him, remitting the ryot to the judge, absolvis the said Henrie of the bluid and condemns him in an unlaw for the ryott; quhilk determinatioun the judge acceptit and decernit him in the sowme of  X li. money for the said ryot, quhilk the dempster gave for dome.

Wand – fishing rod
Dempster – court official who formally pronounced the sentence
Dome – judgement
Vigesimo primo – Twenty-first