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to bottom of pageThe Burgar/Burgess families in Shetland
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James Burgar recorded in Court Cases in 1586 and 1615
One of the earliest records of the Burgar surname in Shetland is in 1572, where James Burgar is a witness to the signing of a document.
This is from the Lerwick Sheriffs Court - reference SC.12/65/1/11 in Shetland Record Office 65.
Wadset by James Olaysone of Suarisetter to sir James Follisdell, vicar of Yel, of 4 mark land, 8 pennies the mark, in Suarisetter. James procures seals of honest men: Jhon in Windess and sir ...d Scott. At Luddissetter, 15 July 1572. Witnesses: Thomas Galtt(?), Christifor Hendersoun(?), Jhon Urale(?) and James Burgar;
This concerns James Burgar, Sergeant of Yell. It is thought that 'Sergeant' is a term applied to a particular type of Parish officer.
This Court Record comes from the printed book in Shetland Record Office entitled 'Orkney and Shetlands Records' , Volume 1, page 206-207. This court record dated 1586 is in 'old Scots' and is therefore largely unintelligible.
Anno 1586 paa thenn Gerde dag December wore wy effther skriffne y Gerde y Redeford sogenn thet er att sige Willom Monssenn till Gerde laurettis mand y Onyst och wmbos-mand for efttherskriffne broke Aassi och Gilbert Skott och medt honoom Salamon Schott och Lauff rens Schott fornemde Aassi och Gylberts BrOder paa faderside och medt them Peder Nysbitt til Kirckebusted och. Jamis Burgar sergenn y Jella och Mons Nysbitt till Congnesaatther gime witterligt for alle att oppaa forskriffne dag horde wy och soge ein wenligh forligelse ymellom Aassi Schott och Gylbert Schott paa then cone side och Jamis Nysbitt theris stoffader paa then andre side om cont och regenskab them y mellom y fraa thenn thime som fornemde Jamis Nysbitt giffte for" Aassi och Gilberts moder witt naffn Kathrina Mathisdaatter baade om landskyld och al andenn thingh som wor them ymellom och wor thette theris forligelse at forskriffne Aassi wnder mette och opbaar baade sinn egenn partt och sin broders Gylberts Scott paartt y fray for" Jamis Nysbitt och effther thy att for" Jamis haffde byct en ny stoffue och andre huus huor ingen wor till forne, for" Aassi och Gilbert till gode Daa funne wy forskriffne mend ymellom gud och oss at for" Jamis haffde giortt well och haffde mere wdlagt och kostidt paa forskriffne huus en hand them skyldigh wor menn efftherthy att the wenlige forligthis medt hand och mund, wilde fornemde Jamis icke recne thett dyriste menn att huert skulde stande paa andit hussene som hand haffde byct och skyldem [sic !] som hand them wor skyldigh men for kornitt som for" Jamis wnder mette witt och opbaar medt theris moder och for" Aassi och Gilbert medt theris syster Besi Scott wore lode paa Daa funne vy for" mend saa att y
Fortunately, the translation (part of above) by Jon Stefansson and A.W. Johnston is given below. 38
Anno 1586, on the fourth day of December we, the underwritten, were in Gerdie in Reafirth parish, that is to say, William Manson of Gerdie, lawrightman (loretty-mar) in Unst and attorney (umbon-matr) for the underwritten. brothers Oswald (Aassi') and Gilbert Scott, and with him Solomon Scott and Lawrence Scott, father-brothers of the before-named Oswald and Gilbert, and with them Peter Nisbit of Kirkabuster2 and James Burgar, serjeant in Yell, and Magnus Nisbit of Cunningsetter,' [we] make known to all that upon the said day we heard and saw a friendly agreement between. Oswald Scott and Gilbert Scott on the one side and James Nisbit, their stepfather, on the other side, about count and reckoning between. them from the time when the said James Nisbit married the mother of the said Oswald and Gilbert, Catherine Mathew's daughter by name, both as regards rent (landskyld) and all other matters outstanding
Summary of Court Case 2 - 1586
The court case involves a dispute between Oswald and Gilbert Scott and the Nisbit family following the marriage of Oswald and Gilbert's widowed mother to James Nisbit. Presumably the two boys did not want to see their inheritance from their father disappear into the hands of their step-father, James Nisbit.
This court case is taken from the Court Book of Shetland 1615-1629, pages 10 and 11, which is held in the Shetland Record Office. 37
This Court case was brought by Marjory Fermour against her tenants who were refusing to pay rent and tithes. Included in this list of recalcitrant tenants was James Burgar (last on list).
The rent paid depended on the amount of land rented, but was not paid in cash but in goods such as butter and woven cloth (wadmal/wadmel)
See definition of terms such as Merk and Cuttels of Wadmal.
See details on the items that could be taxed.
26 August 1615
Marjorie Fermour, relict of James Sinclair of Crosbuster, liferentrix of the lands underwritten, and Andro Mortoun, now her spouse, against the following tenants for duties for crop and year 1614:
Symone and Erasmus in tam in Unst, 20 merks butter and 5 cuttels wadmal for 21/2 merk land in Daill, 6d. the merk; Magnus in Newhous, 16 merks butter and 4 cuttels wadmal for 2 merk land in Unst;
William Gray of Gairdie, 16 merks butter and 4 cuttels wadmal for 2 merk land in Clibberisweik in Gairdie;
Andro in Seatter, 4 merks butter and 1 cuttel wadmal for 1/2 merk land in Seatter;
Erasmus in Colvasetter, 4 merks butter and 1 cuttel wadmal for 1/2 merk land in Colvasetter in Unst;
Mathow Loutit in Slettoun, 8 merks butter and 2 cuttels wadmal for 1 merk land there;
Henrie Tailyeour, for 1 merk land in Midgarthe 'be northe the vo' 8 merks butter and 2 cuttels wadmal;
Gotherum in Funyie in Fetlar, for 11/2 merk lands in Funyie, 12 merks butter and 3 cuttels wadmal;
Johne Edwartsone, for 11/2 merk lands in Strand, 12 merks butter and 3 cuttels wadmal;
Erasmus and Mans of Urasetter, for 1 merk land in Aith, 8 merks butter and 2 cuttels wadmal;
Erasmus Petersone, for 1 merk land in Urasetter, 8 merks butter and 2 cuttels wadmal;
Thomas Lauder, for 1 merk land in Rosetter, 8 merks butter and 2 cuttels wadmal;
Katherine Edmestoun, for 11/2 merk land in Howbie, 12 merks butter and 3 cuttels wadmal;
Ola Vassie, for 3 merk land in Vassie in Yell 7d. the merk, 27 merks butter and 7 cuttels wadmal;
Laurence in Grirsetter, for 4 merk lands there 9d. the merk, 2 lispunds butter and 2 'shillings' wadmal;
Johne of Awick, for 41/2 merk land in Northawick, 2 lispunds 6 merks butter and 2 'shillings' 3 cuttels wadmal;
Nicole Olasone in Papell, for 1/2 merk land there, 4 merks butter and 1 cuttel wadmal;
Ninian Niven, for 11/2 merk land in Kirkbuster 9d. the merk, 18 marks butter and 1 'shilling' 3 cuttels wadmal;
Johne Edmestoun, for 3 merk land in Basta 9d. the merk, 36 marks butter and [blank] 'shillings' wadmal;
Andro Schewartsone, for 2 marks there, 1 lispund butter and 1 'shilling' wadmal;
Helen Johnesdochter, for 4 merk land in Castagarthe 9d. the merk, 2 lispunds butter and 2 'shillings' wadmal;
James Burger in Colvasetter, for 1 merk land, 12 merks butter and 3 cuttels wadmal;
payment of which duties, or 2s. for the price of each merk of butter and 4s. for each cuttel of wadmal, had often been required, but they refused to pay without compulsion; pursuers produced contract of marriage between William Fermour, for said Marjorie, his daughter, and said James Sinclar, signed on 10 August 1613, whereby James undertook to infeft Cliv] Marjorie for life in the lands of Crosbuster and other lands possessed or to be possessed by him; defenders not compearing and Francis Sinclair of Uyea, admitted for his interest, compearing with Ninian Maven, his procurator, 'the saidis parties comperand' [sic] and depositions of witnesses produced for part of pursuers, defenders were decerned to make payment of the duties as required and [blank] for expenses; it was alleged on behalf of said Francis that defenders could not be decerned to make payment, because said lands pertained to Francis, as heir of William Sinclair of Uyea, his father, who was udaller of same, but pursuers offered to prove that deceased James, spouse of Marjorie, was entered into possession of said lands, at least a great part thereof, by his father in his own time, and continued in peaceful possession by uplifting the duties until his decease in 1613, 'Iyk as scho wes ane conjunct persone with hir said umquhill husband, to quhom be contract of mariage the saidis landis were provydit during hir lyftymel; this was found relevant by sheriff depute for eliding the points of said exception and was admitted by him, together with the points .......
Summary of Court Case 3 - 1615
Marjorie Fermour, (the widow of James Sinclair of Crosbuster, with a life interest in the lands of the tenants), and Andro Mortoun, now her spouse, are claiming the customary rents and Tithes from the tenants shown above.
Using James Burgar as the example. He had 1 Merk of land (about 1.3 acres) for which rent was due (£0.0.9d), and in addition he had to supply 12 merks of butter (worth about £1.4.0 Scots) as well as 3 cuttels of Wadmel (about a square yard of woven rough cloth) to the Laird.