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 ancient estate of the Jarls lay scattered through every Island and
township of Orkney and Zetland, and consisted, 1st, of LANDS SET or
_leased_ to tenants on a three years’ tack, with a GERSOM or _fine_ at
each renewal, and an annual LANDSKYLLD, _landmail_ or _rent_, in
addition to the King’s Skatt, the Bishop’s Teind and other burdens,
local and general; 2nd, of the BORDLANDS or _Mensal farms_, with their
Böl and its enclosures, the occasional quarters of the Jarl in his
progresses of pastime or State Service, and on that account exempt from
Skatt, even when leased to husbandmen on the usual terms in other
respects; and, 3rd, of certain QUOYS and other lands added by Odallers
to their holdings, but not by odal-ræd, and therefore paying no Skatt,
but Landskylld and other burdens of tenant lands. The Earldom also
included CONQUEST or _acquired lands_, consisting, 1st, of lands added
by the later Earls by purchase or excambion; and, 2nd, of lands which
they had seized as _ultimi hæredes_, or confiscated for crime or
Skatfall. The tenants or tacksmen of the “auld” Earldom were a sort of
Rentallers with a prescriptive claim of renewal by law or custom, on
payment of the stated Gersom; but those of the Conquest lands were in
the far less favourable condition of removable tenants, with terms and
burdens at the landlord’s mercy. A small fee was expected by the Earl’s
bailiff, at each renewal or assedation, called for the Mainland
LAND-SETTER, and for the smaller islands EYSETTER-KAUP, and every tenant
was bound to _fure_ or ferry the Earl and his family, to bring peats to
his Castles of Birsay or Orphir, and perform other prædial services when
required. The payments were mostly made in kind, altering in form
according to the convenience, residence or non-residence of the
donatary, but weighed and measured by fixed and native standards. These
LANDS, MALES, GERSOMS and SERVICES, constituted the _jus comitatus_
which Earl William (1471) conveyed to the Crown of Scotland.
From the time of WILLIAM, by Romish consecration PRIMUS EPISCOPUS
ORCADUM (1136), the Bishops had a seat in the great Council of Freemen.
Whether this were at first their right as actual or presumed Odal-born
Freemen, a concession to their sacred office, or a priestly assumption,
their presence in the Thing was often salutary, sometimes to the Jarl,
sometimes to the Odaller, either as Councillors for the wisdom of the
serpent, or as peacemakers for the gentleness of the dove.
Public-domain text, read in full here on John Shaqi.
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