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
Six centuries of Odal sub-division had minutely intermingled the lands,
rights, and privileges of every Townland. At each succession the
Odalsjord was shared among the Odal-born, male and female—the Jarl
claimed for himself or for the Crown all lands forfeited and unredeemed,
and seized as _ultimus hæres_ every inheritance lapsed or unclaimed—the
Bishop asserted the Church’s rights to the gifts of the pious, a share
of the forfeits of the guilty, the teinds of all, and the _corban_
perpetuity of every indulgence once permitted to a Churchman—and
Scottish settlers claimed Odal lands and Odal rights by descent,
affinity, or purchase. Thus the Odalsjords and their vague and customary
pertinents were mixed in alternate patches, ridges or furrows, not only
with other Odals, but with the claims of Jarl, Bishop or settler, as
undefined, but more arbitrarily expansive. Even before the Odallers’
final change of masters, two centuries of such foreign and native
influence had prepared the way for such a revolution, by modifying his
privileges, altering his customs, and effacing much even of his own
memory of their origin and traditions. But his spirit was still
unbroken, he was still a Thingman, his order was still that of the
Gofugar and Gœdingar of the Sagas, the _proceres communitatis_, whose
wealth and influence pointed them out as the mark of the oppressor.
Their Odal lands, pertinents and immunities, were still the field whence
lawless power could reap a golden harvest, and more than a century of
Scottish oppression was still required to level the Peasant Noble of
Orkney with the Tacksman or Husbandman of the Earldom or Bishopric.
The only class which remains to be noticed as interested in the change
of sovereignty, is the _Unfree_—that large body possessing personal
freedom (for slavery had gone out with the Vikings) but no political
rights as Thingmen—the Tenants of the King, Jarl, Bishop or larger
Odallers. These were either BOLMEN, _tenants at will_, or LEIGU-MEN, _by
tack or assedation_, paying to the proprietor a LANDSKYLLD, _land mail
or rent_, and EYSETTER and LANDSETTER-KAUP, or its Scottish equivalent
of _grassum_, on each renewal of their tack—with all the other burdens
of Skatt, teind, &c., sometimes besides, sometimes included in their
land mail of money, grain, butter or live-stock, and certain prædial and
personal services of mills, peats, furing or ferrying, &c., mostly of
Scottish origin, and exigible according to the caprice or wants of their
master.
Public-domain text, read in full here on John Shaqi.
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