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
The Al-odh-ial or Odh-al holding was the only tenure of land recognized
in Scandinavian kingdoms. It was transmitted by Odin’s followers to
their offspring, as the dearest of those free institutions which
distinguished them from servile races, willing to hold their lands as
the gift of a master; and in the end of the ninth century, was
established in the Norwegian colonies of Orkney and Zetland as the rule
and safeguard of all property, right and privilege enjoyed or claimed by
king or subject. The Odal tenure, by simple _primal occupancy_, has been
so long and generally superseded by the more complex Feudal theory of
landed property, as the gift of the State or its chief, repaid by
service or payment, conveyed by Charter and Saisine, subject to
casualties and irritancies, and inherited by a single first-born heir by
grace of the Superior, that perhaps it is most easy to realize the Odal
idea as the absolute negation of every Feudal principle. The ODH-AL-RÆDI
or Right of Full Possession, was a tacit entail upon the Primal Occupant
and his Heirs, of the ODALSJORD won by his strong right hand, complete
without a written title, subject to no service, payment or casualty,
comprising every conceivable right of use, ownership and possession, and
at his death, constituting in each of his children an equal, tacit
title, inalienable while one Odal-born descendant should exist to claim
the inheritance. The courtly _Beneficium_ flowing from the Sovereign was
the human invention of kingcraft; the _Alodium_ in its grand simplicity
was a direct gift to man from his Maker, by the true _jus divinum_. Such
was the right of the Odaller; nor was that of the ODAL-BAARN a mere
future contingency, but a present patent of nobility and privilege, not
by writ or summons from a king, but by grace of God, and right of birth
as a FRIBORINN and THINGMAN. He might take service as a Væringr, Hirdman
or Husskarl, or till another’s land as Leigu-madr or Bolman—he might
even sink into a Thræll, like Olaf Tryggveson, or rise like him to be a
king, but his Odal-ræd was indelible. The throne was often filled or
shared on the simple but admitted plea of descent from the founder of
the kingdom, for the royal race was Odal-born to the Crown. The
succession of the Orkneyar Jarl might be divided or disputed by many
heirs; but though royal favour might aid, even royal power could not set
aside one claimant Odal-born to the Jarldom; and after a life of roving,
the Odal-born Væringr might seek rest by reclaiming from the stranger
his Odalsjord in Norway, Iceland or Orkney, alienated in his boyhood or
absence.
Public-domain text, read in full here on John Shaqi.
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