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
His ambition as a Courtier, his interest as a Churchman, his
partiality as a Scotchman, and his education as a Canonist and feudal
lawyer, all united to bias his decision of the questions at stake
between the Scottish Crown and its Scandinavian subjects—between Feudal
principles and what were to him the barbarous anomalies of Odalism.
Able, subtle and plausible, he was equally conversant with every
stronghold of Feudal or Canon law, and every weak point in the Odal
system. Scotland could not have found a minister more skilful or less
scrupulous in turning its new acquisitions to advantage. If he somewhat
aggrandized his benefice at the cost of the Crown’s Estate intrusted to
him, he largely enriched both at the expense of the Odaller, on whom he
accumulated new burdens, teinds, services and escheats, with such
ingenuity, that his successors in oppression could hardly “better the
instruction” by one original idea of extortion—one impost which could
not be traced to some suggestive innovation of Bishop William.
The ODALLERS and ODAL-BORN were the COMMONS of Orkney and Zetland—the
ROITHISMEN and ROITHISMEN’S SONS—the GÖFUGAR and GÆDINGAR, who
constituted the numerical strength of the Althing. There is no class in
Europe exactly analogous to this—the ODALS-MADR, BONDI or
_Peasant-Noble_ of Orkney and of Norway—but perhaps the Hindustani
scholar might trace some curious parallels in the Tenures and treatment
of the landowners of Upper India. He was a Peasant, for he tilled his
own land, and claimed no distinction among his free neighbours; but he
was also Noble, for there was no hereditary order superior to his own—as
an ODALS-MADR with RŒDI, EIGN and SŒMD—_Master of his Household, his
Goods and his Honour_.[2] The King might wed the Odaller’s daughter or
match his own daughter to the Odal-born without disparagement, for he
himself was but the Odal-born of a larger Odal. The Jarl might be deemed
less free and therefore less noble, for he owed something to the grace
of a human superior. The Bondi in his Odal was _sui juris_, and in the
one-chambered Parliament of the Althing, had a vote and voice as
potential as King or Jarl, who often, when consulting the humour or will
of the Odallers, were bearded and thwarted by the independence of some
Thorkel Fostri, Magnus Havardson, or Sigurd of Westness. The King might
enforce the military service of the Jarl—the Odallers owned none to
either of them. Nothing short of actual invasion entitled the Jarl to
call them to arms by the Ward-fire, and with all their passion for the
sport of war, many a right and immunity they won or redeemed, as the
price of their consent to some foreign Viking-för.
Footnote 2:
The three legal distinctions of Odal-rœd consisted of RŒDI,
_dispensatio rei œconomici_; EIGN, _possessio_; and SŒMD, _honor_,
_decus_—the “Royth, Ayning, and Saming,” so common in Orkneyan titles,
and so puzzling to legal Antiquaries.
Public-domain text, read in full here on John Shaqi.
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