1757–1768
Feu dutiesAs proprietors of land in Orkney, the pursuers owed defender James, Earl of Morton, annual feu duties that were generally paid in products such as grain, oil, and butter. These duties were measured in the weight units customarily used in Orkney and Shetland, including the Mark, the Lispund, the Meil, and the Last. The pursuers alleged that these units had increased from their original standards and should be adjusted to match their values in Norway, where they originated. Case documents include diagrams of weighing instruments, numerous depositions, and references to many individuals (including some not listed below).
Documents in this case (15)
- Earl of Galloway v. Earl of Morton — Rendering, 1757This version of the rendering appears just before State of the Process, 12 November 1757
- Earl of Galloway v. Earl of Morton — Stateofthe Process, 12 Nov 1757November 12, 1757 Memorial of the Pursuers in the Isles of Orkney and Zetland, arguing that the weights and instruments of weight used there have been unlawfully increased and must be restored to the original Norwegian …
- Earl of Galloway and others v. James Earl of Morton — Proof, 1 May 1758May 1, 1758: Earl of Galloway et al. claim Crown-rent unlawfully raised and weights/measures corrupted since 1710, demanding restoration to original eight-ounce Mark standard.
- Alexander Earl of Galloway, James Traill younger of Hobister, John Traill of Westness, and others v. James Earl of Morton — Memorial, 12 Jun 1758June 12, 1758 Memorial of the Defender, arguing that the Weights and Measures of Orkney have not been increased and should be upheld as immemorially used.
- Earl of Galloway v. Earl of Morton — Rendering, 1758This version of the rendering appears after Memorial for James Earl of Morton, 12 June 1758
- Alexander Earl of Galloway, John Traill of Westness, and others, Proprietors of Lands in the Islands of Orkney v. James Earl of Morton — Memorial, 13 Nov 1758November 13, 1758 Information of the defenders, arguing that the pursuers' insinuations about the Wadset of Orkney and Zetland are groundless and irrelevant to the present issue of whether the weights have been increase…
- Alexander, Earl of Galloway, and others v. James, Earl of Morton — Answers, 4 Dec 1758December 4, 1758 Information of the pursuers, arguing that the Defender's additional Memorial contains arguments not previously foreseen and that the Defender's counsel has adopted client passions
- Alexander Earl of Galloway v. James Earl of Morton — Case, 2 Jan 1759January 2, 1759 Complainers' Case of Alexander Earl of Galloway and other Udalmen and Land-holders of Orkney, against James Earl of Morton, asserting that the Crown-rents are unlawfully increased by augmented weights.
- Alexander Earl of Galloway v. James Earl of Morton — Case, 6 Jan 1759January 6, 1759 Information of defenders, arguing that the Weights used in Orkney have not increased since 1712 and that prior claims of increase are without foundation
- Earl of Galloway v. Earl of Morton — Memorial, 10 Feb 1759February 10, 1759 Memorial of the Udalmen and Proprietors of Lands in Orkney, arguing that the Crown-rents' weights must be reduced to their just standard derived from Norwegian customs
- Alexander Earl of Galloway, and others v. James Earl of Morton — Information, 16 Feb 1759February 16, 1759 Information of the defender, arguing that the Pursuers have no legal standing to demand regulation of Orkney's weights by Norwegian standards, as no such jurisdiction exists and the claim is baseless.
- Alexander Earl of Galloway and others v. James Earl of Morton — Remarks, 11 Jun 1759June 11, 1759 Information of the Pursuers, arguing that the Defender's assertions about weight increases and historical prices are inaccurate and unsupported by evidence.
- Earl of Galloway v. Earl of Morton — Petition, 5 Jul 1759July 5, 1759 Petition of the Petitioners asking the Court to alter its recent interlocutor
- Alexander Earl of Galloway v. James Earl of Morton — Answers, 18 Jul 1759July 18, 1759 Answers by the Respondent to the Petition, responding that the Petitioners' claims are without foundation and that the Defender is assoilzied of the charges of undue weight increase and extortion.
- Alexander Earl of Galloway & others v. James Earl of Morton — State of the Process, 12 Nov 1757A manuscript index in William Craig's hand to the case documents contained in Earl of Galloway v. Earl of Morton
People & places in this case
People involved
- Alexander Stewart, Earl of Galloway — Pursuer
- James Fea, of Clestrain — Pursuer
- James Traill, younger of Hobbister — Pursuer
- John Traill, of Westness — Pursuer
- William Balfour, of Trenabie — Pursuer
- Archibald Stewart, of Brough — Pursuer
- Thomas Traill, of Westove — Pursuer
- John Traill, of Elsness — Pursuer
- Thomas Mackenzie, of Groundwater — Pursuer
- David Covingtree, of Newark — Pursuer
- Jerom Denison, of Noltland — Pursuer
- Thomas Traill, of Tirlot — Pursuer
- Thomas Loutit, of Tenston — Pursuer
- Patrick Fea, of Airy — Pursuer
- Patrick Fea, of Kirbuster — Pursuer
- Thomas Rendal, of Breck — Pursuer
- Robert Scola, of Odiness — Pursuer
- Robert Scola, of Hunton — Pursuer
- James Douglas, Earl of Morton — Defender
- Alexander Lockhart, Lord Covington — Advocate for Pursuer
- David Rae — Advocate for Pursuer
- Andrew Pringle, Lord Alemoor — Advocate for Defender
- Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia — Advocate for Pursuer
- William Johnston — Advocate for Defender
- Francis Garden, Lord Gardenstone — Advocate for Defender
- Lord Robert Dundas, of Arniston — Advocate for Defender
- Patrick Grant, Lord Elchies — Lord Ordinary
- James Stewart, Earl of Moray — Named in case documents
- Robert Stewart, Earl of Orkney — Named in case documents
- James Hepburn, Earl of Bothwell — Named in case documents
- Sir John Maitland, of Thirlestane — Named in case documents
- Sir Lewis Bellenden, of Auchnoll — Named in case documents
- Patrick Stewart, Earl of Orkney — Named in case documents
- James Stewart, of Killeith, Lord Ochiltree — Named in case documents
- Sir John Buchanan, of Scotscraig — Named in case documents
- George Hay, Earl of Kinnoull — Named in case documents
- William Douglas, Earl of Morton — Named in case documents
- George Villiers, Viscount Grandison — Named in case documents
- Sir John Nisbet, of Dirleton, Lord Dirleton — Named in case documents
- Sir Andrew Dick — Named in case documents
- William Brown — Named in case documents
- James Douglas, Earl of Morton — Named in case documents
- James Douglas, Earl of Morton — Named in case documents
- Robert Douglas, Earl of Morton — Named in case documents
- Colonel Robert Elphinstone, of Lopness — Named in case documents
- Thomas Aitken — Named in case documents
- Donald Groat, of Newhall — Named in case documents
- Andrew Ross — Named in case documents
- George Traill, of Hobbister — Named in case documents
- Patrick Traill — Named in case documents
- Henry Watson — Named in case documents
- Thomas Foubister — Named in case documents
- Peter Traill Sr. — Named in case documents
- Sir James Stewart, of Burray — Named in case documents
- James Mackenzie — Named in case documents
- Dr. George Graham, Bishop of Orkney — Named in case documents
- William Dick — Named in case documents
- George Scott — Named in case documents
- Alexander Brand — Named in case documents
- Samuel Maclellan — Named in case documents
- William Tait — Named in case documents
- George Craigie — Named in case documents
- Andrew Young — Named in case documents
- Patrick Blair, of Little Blair — Named in case documents
- George Mowat — Named in case documents
- William Douglas, Earl of Morton — Named in case documents
- William Douglas — Named in case documents
- Arthur Balkie — Named in case documents
- Captain Robert Irving — Named in case documents
- Patrick Mowat — Named in case documents
- Mr. Thomas Giffard, of Busta — Named in case documents
- William Spence — Named in case documents
- Robert Maclellan — Named in case documents
- Henry Legat — Named in case documents
- George Robertson — Named in case documents
- Mr. James Isaacson — Named in case documents
- Sir Alexander Douglas, of Eglesay — Named in case documents
- James Graham, of Graemehall — Named in case documents
- Captain James Moodie, of Melsetter — Named in case documents
- William Liddel, of Hamar — Named in case documents
- John Covingtree, of Eynhallow — Named in case documents
- Sir William Craigie, of Gairsay — Named in case documents
- Robert Stewart, of Newark — Named in case documents
- Robert Baikie, of Tankerness — Named in case documents
- Robert Honeyman, of Graemsay — Named in case documents
- John Hay, of Balbithan — Named in case documents
- John Riddoch — Named in case documents
Places
- Orkney (principal)