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
It would be difficult to trace each successive change in the condition
of the Odallers, to tell how their Odals, impignorated to Torf-Einar
Jarl for their share of the Mulct for the slaughter of Halfdan Halœg
(930), were redeemed from Sigurd Jarl by their voluntary service in his
Irish wars (1014); or how, by the gift of a mark for each ploughland to
Jarl Rognvald’s stately Magnus-Kirk, they purchased an immunity from
confiscation (1130), which they forfeited by rebellion against King
Sverrer (1196). But Odal law and Odal influence declined more rapidly
and continuously with every succeeding race of Scottish Jarls, as each
Athol, Angus, Strathern and Sinclair, came attended by clansmen and
dependants, the ready tools of the fraud or violence of their chief; as
Scottish Bishops followed to the prey, lawyers rather than divines,
willing to instruct brute force with clerkly subtilty, and skilled in
the devil’s logic to warp even the Divine law into oppression. Even the
Lawman, once guardian of the common liberties, and still expounder of
the Book of the Laws, was generally some Scottish settler, some Cragy,
Hall or Irving, owners of Odal land, but not by Odal-ræd—who, ignorant
of Odal law, misinterpreted its principles, and misapplied its terms
according to Scottish ideas, and introduced written deeds and Scottish
forms, in feudal distrust of an undocumented title. Under such combined
influences of ignorance and interest, every generation saw some
principle modified, some right invaded. Thus each distribution of Odal
heritage came to need the sanction of a SHYND or DOOM OF ERFFD from the
Thing and Underfoud, equivalent to a Scottish service, and instead of an
equal share, the eldest son claimed the Head Bu, and each daughter was
restricted to half a son’s portion. The rights once inalienable from the
Odal-born, became the subject of Impignoration, of Forfeiture, of
Donation to the Church, and of Alienation on the ground or legal fiction
that the Odaller was too poor to retain, or the Odal-born to redeem
them. The legal term of Redemption was gradually shortened, and its
conditions made more stringent, till finally a modification of the
Shynd-bill in presence of the Thing was alone necessary to legalize the
purchase, sale, and transference, of almost every Odal right, to evade
the claims of the Odal-born, and to give to the Scottish purchaser the
un-odal security of a written title in his own language—a combined form
of Disposition and Sasine.
Public-domain text, read in full here on John Shaqi.
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