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Cases heard by the Bailie Court of Dunrossness, Sandwick and Cunningsburgh (1731-1735) 3 (RH.11/29/1)
The items below are taken from the transcription of the Court Proceedings. Because there are unreadable portions and torn sections the person doing the transcription has used square brackets to put in comments, or bits of words that are missing.
Effectively, the Baillie Court is the magistrates court for an area. In the example below Mr Andrew Sinclair (member of the Laird's family in Dunrossness) was the Baillie (magistrate) and was opening the Court Session.
At Dunrossness Kirk 18th Febry 1732 In a Bailie Court held by Mr Andrew Sinclair Bailie [of] Dunrossness Sandwick and Cunningsburgh Court lawfully fenced stembord called and Countrey Acts read, the Court adjourned till tomorrow at ten aclock before noon at Coure where the rancelmen and all others concerned were ordained to attend.
Translation
At Dunrossness Kirk on the 18th February 1732 - in the Ballie Court held by Andrew Sinclair, Baillie of Dunrossness, Sandwick and Cunningsburgh, the Court lawfully opened and after the reading of the County Acts, the Court adjourned till tomorrow at ten oclock before noon at Cour, where the rancelmen and all others concerned were ordained to attend.
(Rancelmen were 'constables'. Cour was a place in Dunrossness - some Burgars lived there)
The case below has an unknown date but seems to be probably 27th January 1731.
[Comp]laind by the Fiscall of Court upon Andr. & Claus [Burga]rs in Breck for a Riot commited agt. Wm Mcfarson [torn] by beting him in the Medow of Hilwall and therefore &c the fiscal pr[esen]t as also the s[ai]d Claus Burgar and s[ai]d Andr Burgar being off the Countrey the s[ai]d Wm Mcpherson declares that it was only the s[ai]d Andrew Burgar that beat him and that if said Claus Burgar came only to resone him in respect qrof the Judge assoills the s[ai]d Claus Burgar from the complaint in all time coming and superceds the action agt the s[ai]d Andr. Burgar till his return to this Countrey. And. Sinclair.
(qrof = whereof. the use of 'qr' to replace 'where' is widespread in legal documents. Hence qrby, qrto etc.)
Summary of Court Case 1 - 1731
Andrew and Claus Burgar of Breck of Hillwell are accused of beating William Mcfarson, but neither of them are in Shetland at the moment (sounds as if they had done a 'runner'). However, McFarson said that Claus Burgar was not involved in the fight and therefore the Magistrate absolves Claus of further involvement. The case is set to continue if Andrew Burgar returns to Shetland.
Cowr 28 Janry 1731
Parties pr[esen]t the defr.
denyes the complaint the Fiscall offers to prove the same by witnesses and
adduces George Burgar and Adam Spence witnesses for proving which the Judge
allows and they being solemnly sworn examined and interrogat depone as follows
viz. the s[ai]d George Burgar married aged about thretty years depones that he
the blo[od] upon the s[ai]d Anne Nicolson but knows not how she came by
it depones that he did not see the s[ai]d Adam Isbister in the least [torn]
which he declares to be truth as [he shall answer] to God and de[clares] he
cannot write. And. Sinclair. Another witness [unclear] for [torn] [unclear]
[torn] [torn]for a sufficient [torn] ther[torn] Isbister[torn]
[Si]nclar
Summary of Court Case 2 -1732
This court was held at Cour. George Burgar, age 30 years and married was a witness when Ann Nicolson accused Adam Ibester of beating her. George Burgar saw that Anne Nicloson had been bleeding but did not see how this happened.
Lud 26 Febry. 1733
Complaint by the rancelman and the Fiscal upon Marjory Gilberts daughter in Noss for calling Thomas Stout in Semblaster a perjured knave. Witnesses John Sinclair in Noss and Grisel Laur.daur. his spouse wt. Adam Knarston in Backaster wt. Ro[ber]t. Burger in Breck.
Summary of Court Case 3 -1733
Robert Burger of Breck (Brake of Hillwell) was a witness in a slander case.
Cour 27 Janry. 1733
Complaint by Adam Arcus in Noss and Fiscall upon Robert Burger in Breck for calling the s[ai]d Adam Arcus and John Sinclair two banished thieves. Witnesses George Wmson in Gorshouse and Adam Knarstown in Backasetter.
Summary of Court Case 4 - 1733
Robert Burger of Breck now in Court accused of slander.
Virkie 1st February 1734.
In presence of the said Baillie sitting in Judgement compeared Alxr. Sinclair in Skatness who with concurance of Laur. Sinclair of Goat Pror. Fiscal of Court gave in a complaint against Grisell Dougal spouse to Willm. McKindly in Scatness complaining th[a]t she the said Grisell Dougal did most malicioulsy slander and calum neat the said compleaner by aserting that he took into his house his neighbours ew and brok her neck and th[a]t for the said Grisell Dougall ought and should underly the law for her said slander and the compleaner reponed to his good name and reputation or else to alledge a resonable cause to the contrary.
Eodem die the complrs pr[esen]t. The defr. pr[esen]t by her husband who denys the slander complained of the complrs. offer to prove the same per testes and for that end adduces Grisell Kelday in Scatness Margt. Alsion spouse to Patrick Whatson th[e]r[e] Henry Sinclair Junr. th[e]r[e] Robert Alison and Barbara Sutherland his spouse th[e]r[e]. The s[ai]d Grisell Kelday absent and excused because of old age and infirmness. The s[ai]d Margt. Alison also absent. The Judge ordains George Burger officer to depone if or not he law[fu]llie summoned her who deponed that he law[fu]llie summoned her four several times personally apprehended to compear at Browhouse and this place to bear witness in the above action as he shall ans[we]r to God and the saids Henry Sinclair Ro[ber]t Alison and Barbara Sutherland compearing admitted sworn examined and interrogate depone as follows viz. the s[ai]d Henry Sinclair married aged thirty years or th[e]r[e]by depones nihil novit which he declares to be truth as he shall ans[we]r to God and declares he cannot write. A.S. The s[ai]d Ro[be]rt Alison married aged fourty years or th[e]r[e]by depones nihil novit as he shall ans[we]r to God. Robert Alisone. The s[ai]d Barbara Sutherland married aged fourty years or th[e]r[e]by depones nihil novit as she shall ans[we]r to God and declares she cannot write. A.S. The Judge having considered the complaint with the depositions of the witnesses finds the complaint not proven and therfor assoilzies the s[ai]d Grisel Dougal and her husband for his interest from the complaint in all time coming and considering the deposition of the s[ai]d officer of court verifieing the s[ai]d Margt. Alison to have been four several times cited in this action personally apprehended and not compearing fines and amerciats her the said Margt. Alison and the s[ai]d Patrick Whatson her husband for his interest in the sum of six pounds Scots money for contumacy to be payed to the s[ai]d Fiscal of Court w[i]t[h]in term of law under the pain of poinding and ordains all needful execution to pass in due form. As also repones and restores the s[ai]d Alexr. Sinclair complr. To his good name and reputation hereby prohibiting and discharging all persons whomever w[i]thin this Bailiary to object to him his wife or family the s[ai]d alleged fact each under the pain of ten pounds Scots money toties quoties by and attour making publick satisfaction th[e]r[e]for. And. Sinclair.
Summary of Court Case 5 -1733
George Burgar is an officer of the Court and on four occasions he personally tried to get a witness to appear in Court.
Cour 6th Febry. 1734
Complaint by Wm. Johnson in Hilwill wt. concourse of the Fiscal upon Ro[ber]t Bernardson th[e]r[e] for beating the s[ai]d Wm. Johnson. Witnesses George Bernardson in Hilwil James Arcus and Wm. Flaws th[e]r[e] wt. Geo[rge] Burger th[e]r[e].
Summary of Court Case 6 -1734
George Burger, living at Hillwell, is called as a witness.
Cour 6th. Febry. 1734
Parties pr[esen]t the defr. denys the complaint the Fiscal offers to [prove] the above. Witnesses who being called admitted solemnly [sworn] examined and interrogate depone as follows viz. The s[ai]d George Burger married aged thirty five years or th[e]r[e]by depones that he heard the defr. say to the purs[ue]r that it was upon his information to Quendaill that caused the defrs. pot to be carried off but that the purs[ue]r was not so ready to tell how many lispones of fish and ankers of oyl he had cheated Quendaill of, and that he heard the defr. say that his pot was honestly bought wt. money which he doubted the pursuers was which he declares to be truth as he shall ans[we]r to God and declares that he cannot write. A.S. The said John Burger not married aged twenty nine years or therby depones conform to the s[ai]d George Burger his deposition in omnibus which he declares to be truth as he shall ans[we]r to God and declares he cannot write. A.S. The Judge having considered the complaint together wt. the depositions of the above witnesses finds the complaint sufficiently proven and th[e]r[e]for fines and amerciats the said Rob[er]t Bernardson in the sum of eight pounds Scots money to be payed to the Laur. Sinclair Pror. Fiscal of Court w[i]t[h]in term of law under the pain of poinding and ordains all needful execution to pass in due form and repones and restores the s[ai]d John W[illia]mson to his good name and reputation hereby prohibiting and discharging all persons whomever w[i]t[h]in the Bailiarie of Dunrossness Sandwick and Cunningsburgh to object the same to the s[ai]d John W[illia]mson or his family under the penalty of ten pounds Scots money toties quoties by and attour making publick satisfaction th[e]r[e]for. And. Sinclair. Sand 23 Febry 1734 Parties pr[esen]t. The defr. denys the complaint. The Fiscall offers to prove the same by the above witnesses who being called admitted solemnly sworn examined and interrogate depones as follows viz the s[ai]d Henery Smith married aged thirty sex years or thereby depones nihil novit further than by heresay which he declares to be truth as he shall ans[we]r to God and declares that he cannot writt. A.S. The said James Sinclair married aged forty years or th[e]r[e]by depones nihil novit as as he shall ans[we]r to God and declares that he cannot writt. A.S. The Judge finds the complaint not proven and therefor asolies the defr. there from in time coming but in regard he was formerly sumoned by an officer and not compearing whereby he occasioned the trouble of summoning him of new therefor ordains him to pay George Burgar officer of Court the sum of ten shillings Scots money for his pains and trouble in the second citation with certification in the case of refusal that he would be fined and amerciat for contumacy upon the first summons as accords. And. Sinclair.
Summary of Court Case 7 - 1734George Burgar, aged 35 and married, an Officer of the Court says that he can not write, but gives evidence in a case of alleged stolen fish and oil. As officer of court receives 10shillings for his work.
John Burger, aged 29 and unmarried, and unable to write, confirms George's testamony.
Cour the 27th Febry 1733
Complained by Adam Halcrow in Culsetter and Fiscal upon Thomas Fea th[e]r[e] for beating the s[ai]d Adam Halcrow and breaking a rake upon his head. Cour the 27th Febry 1733. P[ar]ties pr[esen]t the defr. denyes the complaint. The Fiscal offers to prove the same by the defrs. oath which the Judge allows and the s[ai]d Thomas Fea being solemnly sworn examined and interrogate depones negative as he shall ans[we]r to God. In respect whereof the Judge assoills the defr. from the action in all time coming.
Summary of Court Case 8 - 1733Thomas Fea accused of hitting Adam Halcrow on head with a rake. Thomas Fea is the husband of Katherine Burgher.
Cour 14th Febry 1735
Said Adam Knarston married aged 30 years or thereby depones that [he] saw the said Tho. Laur[en]son give the s[ai]d Jn. Stove a stroak upon the head whether with his hand or with the stone the deponent knows not [wh]ich he declares to be truth as he shall answer to God and declares he [ca]nnot writ. A.S. The said Tho. Fea maried aged 26 years or th[e]r[e]by [de]pones conform to the said Adam Knarston his deposition in omnibus [wh]ich he declares to be truth as he shall answer to God.
Summary of Court Case 9 - 1735
Thomas Fea, aged 26 and married, witness in case of assault. Thomas Fea is the husband of Katherine Burgher.