A NORWEGIAN MORTGAGE, OE DEED OF PAWN, OF LAND IN SHETLAND, 1597, BY GILBERT GOUDIE, F.S.A. SOOT. "When, about this time tw

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IV.

A NORWEGIAN MORTGAGE, OE DEED OF PAWN, OF LAND IN

SHETLAND, 1597, BY GILBERT GOUDIE, F.S.A. SOOT.

"When, about this time two years ago, I submitted to the Society a

notice of "A Norwegian Conveyance of Land in Shetland," of date

1537, I ventured to soar into the regions of prophecy. It had been my

good fortune, in the course of a number of years, to discover among the

public papers of the Sheriff Court of Shetland, or in the charter-chests

of local families, no less than ten deeds in the old Norse language,

relating to landed property in the islands. It seemed to me then to be

not unreasonable to surmise that this series of discoveries, which in the

nature of things could not go on for ever, might at last have come to an

end. My surmises have, however, been falsified, for since that time

two other documents in Norse, which had lain for centuries unnoticed

in the charter-chest of a private family, have come under my eye, and

have been relegated to my care for purposes of historical investigation.

At present I shall only deal with one of these, a document of the year

1597.

I. TRANSCRIPTION.

Jeg Anders Maath till Houckeland i Hietlandt oc min kierehustru Erlig oc

welbyrdig fru Else Trondsdaatter tiill Erisfiordt Beplichter os med waare sande

arffuinger for alle medt dette wort oVme Breff, At >vi aff ret witterligh gieldt

skyldiigli ere Erligh och Welforstandiig mandt Effuart Sincklar boenndis wdi

Hietlandt paa Bollesetter summa tre hundrede Rigs Dalir, huilckie forbemelte

penningie envert os aft sin venliig laan laant haffuer, for huilckie summa

pendingie, nemlicht trec Rigs Dalir wi med waaris i'ri wilie oc welberaadt hugh,

sampt med allis waaris sande arffuingers widskap wilie och samtockie, Haffuir

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PROCEEDINGS OF THE SOCIETY, MARCH 13, 1893.

pandset forbernelte Effuart Sincklar, bans arffuinger oe effterkommere detle

effterschreffne gods som er min kiere hustruis rette Odal, Liggendis wdj

Hietlandt, forst wdi Wissdals sogn y Offreboster, tolff march brende, liuer

march otte pendingie, I Skarpegierdt otte inarch brende, huer march sex

pendingie, noch Degrand i Wisdals sogn sex march brende huer marcli otte

pendingie, noch i'Daletings sogn i fornemde Hietland paa ein gaard heder

Kirckehuusz tre marche brende, huer marche sex pendingie, Dette forschreffne

gods alt samen skall forbemelte Effuart Sincklar eller forbemelte hans arffuinger

haffue, nyde, bruge oc beholde tiill ein secher oc tryg wnderpant oc brugelig

eiedom, med hues der tiil aff arilds tiid liggit haffuer, fraa hogiste fields tinne

oc yderste fierre stein, med lottum oc lundom, intil wndertagendis wdi naagen

maade, indtil forbemette Effuart Sincklar eller hans arffuinger igien faar oc

bekommer sin fyllist betaling meeste oc minsta aff os eller waare sande

arffuinger, oc naar wi dette gods igien 16'szir, skall deth skie i tre terminer,

den forste skall angaa om S. Hanszis tid, den anden om saiicte Oluff der strax

effter, oc denn tredie skal om sancte Hansz det aar der nest effterkommendis

oc naar forschreffne summa pendingie fornb'iet oeh betalit er, som faaresiiger,

daa skal forschreffne gods folgie oss igien som tilforne : Och dess till sandingenn

her om, Att dette forschreffne saaledis fast och wryggeligenn holdis skall udj

ordt punnchter oc artickler, daa haffuer leg fornemdhe Andres Maat med min

kiere hustru trycht waare signeter vnder dette wort obne breff oc wnderschriffue

medt egen handt, och till ydermere vidnisbyrd her om, daa haffuer wi wenligen

ombedit wellerdt mandt her Easmus Joensonn sogneprest her samnie steds

med oss at besegle oc stadfeste, Actum Gierisuig denn 20 Junij Anno 1597.

(Seal.)

.Mowat off Houcheland

Her Easmus

Else ttruns daatter

Jonsonn minister

met egen handt

mami propria

(Dora?)—Andre Movatts Charthour and his wyff vpoun ye landis of Veisdall.

II. TRANSLATION.

I, Anders Maath (Andrew Mouat) of Houckeland (Hugoland) in Hietlandt

(Shetland) and my dear spouse the worthy and honourable lady Else Tronds-

daughter of Erisfiordt, with our true heirs, acknowledge before all, by this our

open letter, that we are justly and truly indebted to the honourable and dis-

creet man Effuart Sincklar (Edward Sinclair), residing in Hietlandt (Shetland)

at Bollesetter, the sum of three hundred Eix dollars, which money foresaid

he has made over to us in friendly loan, for which sum of money, namely three

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A NORWEGIAN MORTGAGE OF LAND IN SHETLAND.

237

hundred Rix dollars, we, of our free will and well advised purpose, with the

knowledge, will, and consent of all our true heirs, have pawned to the foresaid

Edward Sinclair, his heirs and successors, the after described land, which is my

dear spouse's just Odal inheritance, lying in Hietlandt, first in Wissdale (Weis-

dale) parish in OfFreboster, twelve marks burnt [silver] eight pennies the mark,

in Skarpegerdt eight marks burnt [silver] six pennies the mark, also Degrand

in Weisdale parish six marks burnt [silver] eight pennies the mark, also in

Daleting (Belting) parish in the before named Hietlandt, a farm called Kirk-

house, three marks burnt [silver] six pennies the mark. These whole before

named lands the before named Edward Sinclair or his heirs shall have, enjoy,

use and possess in sure and certain pawn and usable possession, with every-

thing that has belonged to them from time immemorial, from the highest

summit of the hill to the lowest stone of the foreshore, with the parts and

pertinents, nothing in any way excepted, until the before named Edward

Sinclair or his heirs again receive and acknowledge the full payment, the most

and the least, from us or our true heirs, and when we again redeem these lands

it shall be done at three terms, the first at St John's day, the second at St

Olafs immediately thereafter, and the third at St John's day next after

following, and when the foresaid sum of money is fully paid as aforesaid, then

the before named lands shall belong to us again as before. And for the verity

hereof, that this [contract] before written shall be held sure and unchallenge-

able in all its words, points, and articles, I the before named Anders Maat with

my dear spouse have affixed our seals to this our open letter and subscribed

[the same] with our own hands ; and for further testimony hereof we have

cordially requested the learned man Rasmus Joensonn, parish priest in this

place, along with us to seal and confirm. Done at Gierisuig the 20 June 1597.

(Seal.)

A. Mowat of Houcheland

Her Rasmus

Else Trans datter

Jonsonn minister

with [our] own hand

with my own hand.

(Dorso)—Andro Mouatts Charthour and his wyff vpoun the lands of Veis-

dall.

The deed is written on a folio sheet of strong hand-made paper, and

is in an excellent state of preservation. The writing is in an ordinary

Norwegian hand of the period, and any difficulties in its style have been

cleared up for me by a very competent record scholar, Mr Kristian

Koren, of Trondhjeim.

Various considerations combine to make this deed one of especial

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PROCEEDINGS OF THE SOCIETY, MARCH 13, 1893.

interest. The mere fact that so late as 1597, no less than 130 years

after the date when the islands passed under the domination of Scotland,

the Norse language should be interchangeable in use, and mutually

intelligible, there and in Norway, is of itself noteworthy. Equally so

is the fact of the prevalence and the admitted validity of purely

Norwegian legal instruments in the islands, side by side with the legal

forms of Scotland, which were being steadily introduced, and persistently

enforced, by a succession of legal practitioners of Scottish origin.

Rendered as nearly as possible in literal form, the deed ma.y be

described as a Mortgage, or, more strictly, a deed of pawn, equivalent

to the old Scottish instrument of Wadset, of certain properties in

Shetland. By this instrument, subjects embraced in the document

were not merely mortgaged in security, but were made over in real and

corporal possession to the lender, only to be reacquired from him on

payment of the borrowed money. The lands so transferred on the

present occasion were-—

1. Offreboster, in the parish of Weisdale, 12 merks, 8 pennies the merk.

2. Skarpegierdt, in the parish of Weisdale, 8 ,, 6 ,,

„

3. Degrand, in the parish of Weisdale,

6 „ 8 „

„

4. Kirckehuus, in the parish of Delting, 3 ,, 6 ,,

„

Offreboster is obviously Everabister; Skarpagarth and Kirkhouse

are the unaltered names still existing; Degrand I have not been able

to identify.

The granters of the deed are Andrew Mouat of Hugoland (" Houcke-

land") in Shetland, and his spouse Else Trondsdaughter, who is

declared to be owner of the lands in her own right. She is designed

as " of Erisfiordt" or Erisfirth in Norway, and it is signed at

Gieresvig in that country on 20th June 1597.

Andrew Mouat, according to the researches of Mr Francis J. Grant,

Carrick Pursuivant, in Shetland genealogy, was the founder of the

leading families of that name in the islands. Mr Grant points out

that in the Register of the Great Seal there is a Confirmation by

King James VI. on 27th March 1577 of a Charter granted by him

in favour of John his eldest son, and apparent heir, of 207f merks

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A NORWEGIAN MOKTGAGE OF LAND IN SHETLAND.

239

land in Delting, 34\ merks in Aithsting, 8 merks in Walls, 8 in

Tingwall, 35 in Yell, and 18 in Unst,—a very considerable estate.

Failing John, the inheritance is destined to proceed to Malcolm his

second son, whom' failing, to Patrick his third son, reserving always

his own liferent, and the liferent of one-half of the lands to Ursula

Tulloch his spouse. Ursula would appear to have been his first wife,

and their representatives are given in The County Families of the Zetland

Islands, now in course of publication by Mr Grant. We are not,

however, at present interested in this marriage or its issue. It is

the later marriage with Else Thronsdatter that concerns us in connection

with the deed before us.

Else Thronsdatter or Thronsdaughter, as appears from her designation

in the deed, was a Norwegian lady, and we are able to identify her on

quite independent authority. She was Andrew Mouat's third wife,

if we may accept the genealogical table supplied by the learned

Norwegian J. Christian Berg,1 who credits Mouat with a previous

Norwegian wife, by name Karen Gyntelberg. Else's father was

Christopher Throndsson, a Norwegian, who, after an adventurous

career, attained to the position of Admiral to the King of Denmark

and Norway. He had, besides Else, six daughters—Maren, Magdala,

Margaret, Anna, Dorothy, and Christina.

Of those sisters, three at all events are subjects of historical record :

(1) Anna, who, as will afterwards be shown, became betrothed to the

notorious Scottish Earl of Bothwell; (2) Dorothy, who is said to have

been married to John Stewart in Shetland; and (3) Else, at present

under notice. Of the marriage with John Stewart nothing is known

in this country, and no satisfactory evidence of it has been produced

in Norway, so far as I have seen.

What the connection of this Norwegian family of Throndsson

Eustung with Shetland may have been it is impossible at the present

time to say. But in the deed before us, Else, the wife of Andrew

Mouat, clearly appears as a Shetland heiress, the owner of the

specified lands in the parishes of Weisdale and Delting, which are

1 Lehnsbrev paa Rosendal Baronie of 1678, in Samlinger til det NorsTce Folks Spray

og Historic, Christiauia, 1838.

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PEOCEEDINGS OF THE SOCIETY, MAECH 13, 1893.

declared to be her rette odal, or just udal inheritance. She would

seem to have been married first to John Haar of Gjeresvig, a property

in Norway, where she was residing when the deed was signed, and

secondly to Axel Fredrikson, Lawman at Bergen (1569-1585), Andrew

Mouat of Shetland being her third husband.

The issue of the marriage with Andrew Mouat is stated by the

Norwegian authority above cited to have been Axel Mouat, Chris-

topher Mouat, Karen Mouat, and a daughter not named.

Axel Mouat died on 29th January 1661, at the age of 68, owner

of large estates in Norway. He is frequently mentioned (1630-1641)

as a naval officer 'of high rank, latterly as Vice-Admiral of the Fleet,

and much employed by the King. His sister Karen, who died in

1675, was married to Ludwig Eosenkrands of Eosendal, who collected

all the property of the Mouat family (partly in Hardanger), which was

in 1678 made a Barony, under the name of Eosendal. "Within seventy

years thereafter most of this property, once belonging to Axel Mouat,

was lost by the Eosenkrands family ; and that family becoming extinct

in 1723 in the male line, the barony reverted to the Crown. Anders

(or Andrew) Axelson, an illegitimate son of Axel Mouat, was living

so late as 1690, and I am assured by private information from Norway

that his descendants remain in that country to the present day.1

Edward Sinclair, the mortgagee, is described in the deed merely as

resident at Bollesetter in Shetland. The only person of the name

living at the time, of whom I have any knowledge, was Edward

Sinclair of Marrasetter, third son of Henry Sinclair of Burgh, in

whose favour a testimonial was issued by the Sheriff-Depute and

several gentlemen of Shetland on 20th July 1610.2

It only now remains to refer briefly to Anna Throndsdaughter, one of

Else's sisters, whose unfortunate association with James Hepburn, Earl

of Bothwell, has already been alluded to, and which is not known to, or

1 Information on this and other points connected with the present inquiry is

derived from my valued friend and correspondent Herr Kristian Koren, of the

Public Record Office, Drontheim.

2 The document is given in Peterkin's Notes on Orkney and Zetland, Appendix,

p. 96.

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A NORWEGIAN MORTGAGE OF LAND IN SHETLAND.

. 241

has not been recognised by, Scottish historians. In 1559 their father,

Christopher Throndsson. before referred to, had his residence in Copen-

hagen, and here the meeting with Bothwell probably took place on the

occasion of one of his visits to the Continent. We know that he was

sent on a mission to France by the Queen Regent in .1560; but while

these dates would approximate with sufficient accuracy for this view, it

is proper to state that both Professor Schiern and Professor Munch

hazard the suggestion that the first meeting may have taken place

in Shetland, though the evidence for this is not clear. One thing,

however, is certain, that the Lady Anna followed Bothwell to the

Netherlands, in full reliance upon his honourable intentions, solemnly

pledged to her.1

But there he basely deserted her among strangers,

in circumstances which resulted in her extreme indigence, her own

means, according to her account, having been squandered by him. She

followed after him to Scotland; and while no record of her proceedings

there is preserved, either in the Register of the Privy Council, or in

any known minutes of Court, there is little doubt that she urged her

claims upon her betrayer with the persistency which she is known to

have exhibited elsewhere. She seems to have returned to Norway in

1563, as a passport, in view of her undertaking the journey, was issued

in her favour by Queen Mary in that year. This document, in which

she is described as "Anna Trundtze, filia Christopher! Trundtze," is

preserved in the Royal Archives of Denmark, and the text of it was

printed in the Danske Samlinger in 1866. Her temporary residence in

Scotland and her relationship with Earl Bothwell procured for her the

designation of STfottefruen, or the "Scottish lady," usually given to her

afterwards in Norway.

In 1565, Anna Throndsdaughter resided in Bergen; and two years

afterwards, when Bothwell, fleeing from his pursuers at Shetland, was

seized on the coast of Norway, and conveyed as a prisoner to Bergen,

1 The whole facts have been collected by a Danish scholar, L. Daae, in a

pamphlet entitled "Christopher Throndsson Rustung, hans son Enno og hans datter

STcottefruen," Christiania, 1872, to which I am indebted for these details. It is

largely drawn upon by Professor Schiern in his Life of Eothwell, translated by the

Kev. David Berry, 1880. '

VOL. XXVII.

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PROCEEDINGS OF THE SOCIETY, MARCH 13, 1893.

she confronted him there, and arraigned him before a Court on charges

-of perfidy and malversation. She accused him of having taken her from

her home and country, and conveyed her to a foreign land, under

promise of holding her as his lawful wife. These promises, solemnly

pledged, he had broken; while, as she alleged, he had no fewer than

three living wives,—herself; a lady in Scotland from whom he had

procured divorce; and lastly, the Queen of Scots. The particulars of

.Bothwell's examination before the Court are preserved ;1 and he

admitted the truth of the charges preferred against him by offering

satisfaction in the shape of an annuity from Scotland, and the smaller

one of his ships, with all her equipments, which the Lady Anna accepted.

There is nothing to show that Bothwell was ever again approached

by Anna Throndsdaughter. Detained as he was in durance for many

years in Malmoe and Dragsholm, this would have been unavailing. In

his dying confession at Dragsholm he makes no reference to her, but is

xepresented as admitting having accomplished the ruin of two Danish

ladies, besides others in France, England, and Scotland. ISfo such

admission is made in his earlier narrative, quoted in Les Affaires du Gonte

de Boduel, where he justifies his proceedings throughout.

The " Scottish lady " survived the perfidious Bothwell for a number

of years. In 1594 she is stated to have been seen at the Kirk of Ide

in Norway; and in 1607 she; by a formal instrument, made over her

paternal property of Seim, in that country, to her sister Else, the joint-

granter of the deed which forms the subject of this paper. Thus is

this informal writ, in reference to small bits of land in Shetland, oddly

brought into association with a romantic, if obscure, incident in Scottish

history, viz., the entanglement of a Norwegian lady in the eventful and

tragical career of Bothwell.

1 Lc$ Affaires du Conte de Boduel (Bannatyne Club, 1829).

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DONATIONS TO THE MUSEUM.

243

MONDAY, 10th April 1893,

THOMAS GRAVES LAW, Foreign Secretary, in the Chair.

A Ballot having been taken, the following Gentlemen were duly

elected Fellows:—

WILLIAM CRAMOND, M.A., LL.D., Cullen.

Rev. JOHN DICKSON, St Ninian's Free Church, Leith.

The following Donations to the Museum and Library were laid on the

table, and thanks voted to the Donors :—

(1) By A. W. FRANKS, C.B., British Museum, Hon. Mem. S.A. Scot.

Nine Flint Implements (Arrow-heads or Knives), from Hakodadi,

Japan; polished Axe of felstone, from Hakodadi; nineteen Arrow-

heads, mostly of chert, from Piera Blanca, Huasca, Chili.

(2) By Bev. Dr GBEGOB, Pitsligo.

Double Candle-Mould of tinned iron; Sixpence of George II., 1757,

formerly used as a charm in milking cows, to preserve the milk; fac-

simile of a Cross of rowan-tree, similar to those formerly worn as a

protection against witchcraft.

(3) By Mrs SHAND, Eosehearty, through Rev. Dr GEEGOE, Pitsligo.

Luckenbooth Brooch of silver, used as a charm. The brooch is

heart-shaped, and bears on the back, I. D. (for Janet Duncan), the

initials of the grandmother of the donor.

(4) By JAMES BKOWN & SONS.

Two small Clay Loom-weights, found at Maxwelltown, Dumfries.

(5) By T. WATSON GEEIG, of Glencarse, F.S.A. Scot.

Linen Cap, found in a garret in the house called Mary of Lorraine's,

in Blyth's Close, formerly in the collections of Charles Kirkpatrick

Sharpe and James Gihson-Craig.

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PROCEEDINGS OF THE SOCIETY, APRIL 10, 1893.

(6) By Dr JOHN MACGOWN, Millport, through Dr MUNEO, Secretary.

Disc of Cannel Coal, found in Cumbrae Churchyard.

(7) By E. W. COCHKAN-PATRICK, LL.D., Vice-President.

Five Highland Brooches, viz.:—

Brooch of silver (fig. 1), 2f inches diameter, inlaid with niello, and

G. B., 1767, on back. The front is ornamented with two circles of

chequers and two of geometrical ornaments, with an anchor-shaped form

between each.

Brooch of silver, 2 inches in diameter, ornamented with a ten-rayed

star, and M. M'E. on back.

Fig. 1. Highland Brooch of Silver inlaid with niello (actual size).

Brooch of brass, 2J inches diameter, with four-rayed star on upper

face, the pin made of sheet copper.

Brooch of brass, oval, plain.

Brooch from St Kilda, made from a copper penny.

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DONATIONS TO THE MUSEUM.

245

(8) By E. CAEFRAE, F.S.A. Scot.

Stone, with indented hollows on both sides, from Cessford, Eoxburgh-

shire.

Hand-book to the Coinage of Scotland. By J. D. Eobertson.

Large-paper copy, London, 1878.

(9) By M. MATHESON, Hudson's Bay Company's Service, through

Dr A. A. MATHESON, F.S.A. Scot.

Eskimo Stone Lamp, 12 inches by 9 inches; and Stone Kettle, a

shallow Basin of Steatite, straight on one side and curved on the other,

measuring 17 inches in. length and 8 inches in width; from Ungava,

Labrador.

(10) By ANDREW MUIEHEAD, Jun.

Spear, with Obsidian Head ; Shaft of another; and Head of a third,

broken ; from the Admiralty Islands.

(11) By A. SHOLTO DOUGLAS, F.S.A. Scot.

Small Aryballos, painted with a pattern of four leaves.

(12) By J. M. M'BBATH, F.S.A. Scot., the Author.

The Orkneys in Early Celtic Times. 8vo, Kirkwall, 1892.

(13) By DAVID MACRITCHIE, F.S.A. Scot., the Author.

The Underground Life. 4to, Edinburgh, 1892. Privately printed.

There were also Exhibited a Collection of Charms and Amulets as

follows:—

(1) By W. N. FBASBE of Findrack, F.S.A. Scot.

The Stone Ball of the Bairds of Auchmedden.

(2) By E. W. COCHRAN-PATRICK, Vice-President.

Three Beads and Perforated Stone, used for diseases of cattle.

(3) By JAMES SHAND, Union Bank of Scotland.

Naturally formed Pebble, used for cure of sterility in Shetland.

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PROCEEDINGS OF THE SOCIETY, APRIL 10, 1893.

(4) By the KIRKCUDBRIGHT MUSEUM ASSOCIATION.

The "Cowan's Taid-Stane."

(5) By Sir ARTHUR MITCHELL, K.C.B., LL.D., M.D.

Two rounded Pebbles, formerly used as Charm-stones.

(6) By Mrs SPHAGUE, Buckingham Terrace.

Seed of Ipomcea Tuberosa, used in the West Highlands to alleviate

the pains of labour.

(7) By Mrs MITCHELL, Perth.

Luckenbooth Brooch, wanting pin, worn by children to avert the evil

eye.

(8) By Dr E. DB BRUS TROTTEB, Perth.

Collection of Charms and Amulets, from Galloway • and the West

Highlands, &c.; also a collection of Whorls.

(9) By JAMBS CRUICKSHANK, Elgin.

Flint Arrow-head mounted in pewter, and an "Adder-bead."

(10) By WILLIAM SIMPKINS, Livingstone Place.

Two Crystal Balls (one mounted in silver), used as Charms, and

Charm to preserve from drowning, from Japan.

(11) By J. MACMILLAN, Caledonian Crescent.

Three Charms from Egypt, and one from Burmah.

(12) By the THOBNHILL MUSEUM, through J. E. WILSON, Sanquhar.

Finger-ring of Zinc and Copper, formerly worn for rheumatism.

(13) By G. F. LAWRENCE, Wandsworth.

Necklace of Carnelian, worn by Arabs as good for the blood.

The following Communications were read :—