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John Burger in Court Case 1720
John Burger appears in the court case below. The details given below are from Court of Sessions Papers transcribed by Ballantyne (ShRO - 16611909.doc) 45
1720 Mar 28
Margaret Sinclair, daughter of deceased Hugh Sinclair of Burgh, v. Robert Sinclair of Quendale, younger.
Summons, 28 Mar 1720, anent obligation, 4 May 1715, by Robert to Margaret, for 2,000 merks, and payment in 1715 by Margaret to John Burger and others by order of said Robert and Barbara Montgomerie, his lady, of £66 Scots, and loan by Margaret to said lady of £8 Scots; also Margaret had pertaining to her and in her possession the good furniture, viz., a silver bowl (worth £100), 12 timber trunchers (£1. 10s.), 5 dray sheep (£5), 16 lbs melten tallow (£2. 8s.), 2 lbs fine grey wool (12s.), 2 breist pieces of dry beff (£1. 4s.), 2 dried houghs (4s.), a twill night gown (£6), a blew rugg (£10), 3 pairs bed plaids (£15), 9 elns of saill douck (£5. 8s.), 3 elns linen (£1. 4s.), a cod and codwair (£1. 10s.), 3 cushions for chairs (£1. 10s.), 2 chests (£15), half barrel salt beef (£6), 2 beiff trees (£1. 10s.), ane anchor cuag with a lispund butter (£4. 4s.), an armed chair (£5. 8s.), a rushie lether chair (£3), a timber chair (£1. 16s.), an iron bottle of 12 pints (£6), a large iron brander (£3), a bismar and a large trough (£2), a large wandcreile having therein possats, coffee and two dishes, bottles and lameplates (£14), a pair of big hingers (£6), a crook and 2 pairs of tongs (£8), 12 pounds of old iron and carrall (£2. 2s.), half anchor of fish oil (£3), extending in the haill to £232. 10s. Scots, intromitted with by Robert Sinclair and his lady, and withheld from the pursuer.
Minute, 4 Dec 1722. Goods were in the house of Burgh possessed by pursuer, the time the defender and Barbara Montgomery, the deceased lady, intruded and entered violently and by force into possession of said house, and expelled the pursuer. Defender claims pursuer was obliged to deliver the charter chest of Burgh, which she not having done, the bond can be of no force.
Obligation, 4 May 1715, by Robert Sinclair of Quendell, younger, to Margaret Sinclair, daughter to deceased Hugh Sinclair of Burgh, for 2,000 merks.
(CS.239; S/8/23)
(The word 'anent' possibly means 'respect of'; 'intromiited' means 'to enter and take another's possessions).
The exact meaning is not totally clear, but the gist is that Margaret Sinclair was pursuing Robert Sinclair for 2000 Merks and a large sum of money. In 1715 she was ordered by Robert Sinclair to pay £66 Scots to John Burgar, who was probably acting as Robert Sinclair's agent . (A later John Burger was the Ground Officer for the Sinclair family in 1767 45 ). Subsequently, Robert Sinclair had forcibly entered Margaret Sinclair's house, thrown her out and stolen the contents listed above (total value £232.10s Scots).
This violent behaviour was common in Shetland at this time, the Lairds could do virtually what they wanted. It is possible that John Burger was the Lairds agent, maybe even his 'bully boy'
We are not sure which John Burger this document refers to. It is either John Burger born in about 1675, or maybe the son of Robert Burger, John born in about 1690. We believe it to be the former (See later reasons).
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