Chapter 13th
The Present government of Orkney
The government of this Countrey is by a Stewart in
ye kings bounds and by a Sherriff in the Bishops. The manner and procedor
of the Stewarts Jurisdiction is after the forme of Sherriffship the
title only differing. The Bishops Sherif is Sr Alexander Mckenzie of
Broomhill eldest son to our present Bishop, both he and the kings Stewart
have one & the same manner of Administration of Justice & punishing
of delinquents and that according to the Custome & practise of Other
shyres in the kingdom both their seats of Justice is at Kirkwall.
Under the Stewart and sherrif are some Judges of their
creation and appointment called Bailzies. In every parish and Ile there
is one. Their office is to oversee the manners of the inhabitants,
to hold Courts & to decern in civill petty matters to the value
of ten pound Scots, but if the matter be above that, it is referred
to ye Stewart or sherrif
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sherrif or their deputies. Under & subservient
to these Bailzies are sic or seven of the most honest and intelligent
persons within the bounds called Larigh-men or Law-right-men
which are comonly the kirk session elders of the parish. These in their
respective Bounds have the over sight of ye people in the fashion of
Constables and delate to the Bailzie such enormities as accasionally
fall out which the Bailzies punish according to ye Importance &
Circumstance of the fault. And if it be above his limits or extent
of his power he sends the delinquent to the seat of Justice either to
the Stewart or to the Sherrif respective. These law-righmen
have a priviledge inherent in their office be the Custom of the Countrey
qch is not usuall elsewhere, and it is this: if yr be at any tyme and
suspicion of theft, they take some of their neighbours with them under
the silence of the night, & make search for the theft (which is
called Ransalling) they search every house they come to &
if the fang or theft be found, they seize upon him with whom it is found
& bring him to the seat of Justice for punishment.
The Present Comissar is James Murrey of Pennyland.
The Present admirall deputs are William Douglas
of Egilesha & Francis Murrey.
He that is Stewart of the Countrey is Collonell, and
Sr Archibald Stewart Laird of Burra is Lifetennant Collonell
of the Militia.
Finis