Oppressions of the Sixteenth Century in the Islands of Orkney and Zetland: From Original Documents
History
Oppressions of the Sixteenth Century in the Islands of Orkney and Zetland: From Original Documents
Orkney (Scotland) -- History; Shetland (Scotland) -- History
But to the unfortunate subjects of this bargain of kings and princes,
the change was an evil unmixed, irremediable, and scarcely alleviated by
the hope of its temporary nature. Every interest was threatened, and
every feeling wounded, in such betrayal by their natural rulers into the
hands of hereditary enemies—exasperated by five centuries of mutual feud
and outrage—despised as an inferior race for easy defeats and long
subjugation—and hated still more as masters, foreign in blood, language,
customs, and laws. When Scotland writhes under her subjection to her
“auld enemies of England,” and complains of the jealous removal or
destruction of every historical record or monument of independence,
Orkney in its turn may smile to trace, in every mortification of its
first oppressor, a retributary transcript of its own.
Christian indeed made a form of consulting his Orkney subjects, through
their Lawman, before he cast them off, but the Lawman was soon
afterwards, if not then, the bought pensioner of Scotland, and his
opinion, even if conscientious, could no more express the mind of Orkney
than the dictum of the Speaker could bind the judgment of Britain and
her Parliament. It is true that there was in the Islands an anti-patriot
or Alien faction, consisting of the Earl, the Bishop, and their Scottish
dependants, who viewed the change as in every respect favourable to
their own interests, but especially as offering in Scotland a nearer and
more friendly centre of law and Court of Appeal than that of Bergen. But
to the Islanders in general, there was nothing in the Revolution more
galling to their pride, or more dangerous to their interests, than the
imminent conflict of Feudalism with their dearly cherished Odal laws. As
the last command of their native King, they paid their Skatt to Scotland
without remonstrance, almost without a murmur; but the coming shadow of
the first feudal grant which menaced the freedom of their Odal soil,
roused the long-suffering Odallers into rebellion, and the exterminating
victory of Summerdale gave Scottish Kings a lesson for another
generation.
To illustrate this conflict of legal systems in connection with the
documents now printed for the first time, I propose briefly to sketch
the TENURE, RIGHTS, and BURDENS OF LAND in Orkney and Zetland prior to
the Impignoration, and the alterations and encroachments made by
Scottish rulers and Scottish lawyers in the sixteenth century.
Public-domain text, read in full here on John Shaqi.
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