Oppressions of the Sixteenth Century in the Islands of Orkney and Zetland: From Original Documents — John Shaqi
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 when the adoption of primogeniture in the thirteenth century gave to
the Norwegian throne a stability and consistency unknown to Odal
succession, the royal claims became more exacting and more definite, as
the Jarls and other Thingmen became, by Odal division and contest, less
able to resist them. Harald Madadson’s adherence to an unsuccessful
faction was punished as rebellion; and the long intervals of anarchy,
the disputed successions which followed the deaths of Erlend IV. (1158),
and of each last male of the successive lines of Athol, Angus or
Stratherne, Jarls of Orkney, and the reference by the claimants and the
Islanders to royal arbitration, afforded to the Crown irresistible
opportunities of asserting and realizing its claims to possess by Royal
and hereditary right—1st, The actual Sovereignty of the Islands, the
Ownership of the Jarldom and consequent prerogative to grant or to
withhold investiture of any of the claimants; 2nd, A Jurisdiction
exclusive in some cases, and cumulative and appellative in all others;
3rd, The Skatt of all occupied Odal lands, with confiscation in case of
Skattfal or non-payment; and 4th, The Bota-Mali or Mulcts for homicide,
and other finable crimes, and the O-bota-mali or Forfeitures for crimes
not expiable by fine. Commissions during the King’s pleasure were
granted to the Earl, the Bishop, or some other officer specially
appointed as Governor, Custos, Foud or Lieutenant, to govern the Islands
and collect or farm the revenue; but under an express acknowledgment
that such temporary and _fiduciary_ powers and rights, however ample,
were given without prejudice to the King’s prerogative to bestow, resume
or reserve, all or any of them at his pleasure. It is probable that some
lands and Skats were always thus reserved and intrusted to several
hands; but on what grounds, or to what extent, it is useless to inquire,
since the Impignoration included every royal right in Orkney and
Zetland—viz., SOVEREIGNTY and JURISDICTION, LANDS and SKATS, FINES and
FORFEITS, and conveyed them UNDER REDEMPTION to the Crown of Scotland.
Public-domain text, read in full here on John Shaqi.
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