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 same fate has overtaken the
Rental prepared by Bishop William Tulloch, partly for the Crown’s
instruction, partly in self-defence against the Earl’s accusations of
_Skatts abstracted_ and _lands gripped_, and other encroachments during
the Lieutenancy of Bishop Thomas and himself. Of these conflicting
Rentals, and their mutually truthful recriminations of embezzlement and
oppression, much may be learned from the succeeding Rentals of Henry
Lord Sinclair, of which the earliest was prepared in 1492, more than
twenty years after the Impignoration, and therefore affording ample time
for such Crown officers as Bishop Tulloch to alter every land right in
the Islands. Accordingly, this Rental shows an aggravation of the
number, nature, and amount of the Odaller’s burdens, and a studied
confusion of his rights with those of the Tacksman of the Crown or Kirk.
Thus, the Odal lands are charged with the ancient Skatt, but this is
sometimes doubled and paid both to King and Bishop. The FÖR-KAUP is no
longer the fee of the Lawman (whose salary of £12 is charged against the
Crown in the tacksman’s account), but under the feudal name of _Forcop_
is again exacted from the Odaller as a _triennial grassum_ for the use
of the once free and common pasture. The _Votn-tel_ is entered under the
corrupted name of _Wattel_; but in despair of its lost Norse meaning,
the fancy of the Feudalist has explained it as a tax for holy water, or
for the good offices of some saintly lady whose profitable virtues had
outlived her name; while its ancient purpose of the Underfoud’s fee, is
again supplied by the _Balliatus_, a new impost on the parish. Another
parish burden of _Hawkhens for the King’s falcons_ is first mentioned in
the _compota_ of Bishops William and Andrew (1478–9), and first charged
in this Rental, where the Escheits of Moveables and Heritage are entered
as an ordinary item of revenue, under the suggestive name of “Chetry.”
The purely Scottish claims of Wrack and Waith (which in time ripened
into the full Droits of Admiralty and the Leges Forestarum) were new and
violent invasions of the Odal freedom of hunting, fishing, and
sea-beach; and every occasional or temporary payment once paid became a
tax for ever.
The several exactions may be classed in the order in which they are
named in the Rental. 1st. Odal; 2nd. Tenant; and 3rd. District or
Parochial Burdens.
The Odal payments consisted of—
1st. STENT, the Butter Skatt assessed by ancient valuation in
proportion to the pennylands.
2nd. BUTTER SKATT, _præter the Stent_, an obviously unwarranted and
often large increase of the tax—generally as much more.
3rd. MALT SKATT.
4th. SILVER SKATT.
5th. FORCOP, already explained, but of such arbitrary and unequal
exaction as fully to warrant the definition of Dufresne, “FORCOP,
_Forcapium, exactio, tributum haud debitum, per vim et contra jus
captum_.”
6th. WATTEL, the Fee of the Underfoud, paid or estimated in grain.
Public-domain text, read in full here on John Shaqi.
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