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
Such were the condition and powers of Thing and Thingmen—such the land
rights of King, Jarl, Bishop and Odaller, at the date of the
Impignoration; and when Christian (28th May 1469) addressed a letter to
the Communities of Orkney and Zetland, desiring them to pay obedience
and Skatt to the King of Scots till redeemed by the King of Norway, he
no doubt intended, and his subjects hoped, that it was but a temporary
transfer of the sovereignty of the Islands, to return to his Crown
unblemished and unchanged, like his often pawned metropolis. But the
Scottish Government entertained very different views of the nature and
duration of its rights and powers; and from the first, no resource of
law or chicane was left untried to fortify and perpetuate its defective
and redeemable title. By a series of transactions (from 17th September
1470 to 16th May 1471), the Crown in exchange of certain lands in Fife,
and a pension of 40 merks, acquired from Earl William an irredeemable
title to the Earldom estate, and _jus Comitatus Orchadie_—an Act of
Parliament annexed to the Crown the “Erledome of Orknay and Lordship of
Schetland, nocht to be gevin away in time to cum to na persain or
persainis, excep alenarily to ane of the kingis sonnis of lauchful bed”
(20th February 1471), and the Archbishop of St. Andrews was despatched
to Rome, to invoke the solemn benediction of Pope Innocent VIII. on the
Impignoration and subsequent transactions, as the seal of Heaven’s
sanction upon the completed Revolution.
It is a strange ingratitude in Britain to abjure the Jurisdiction of the
Pope; while so many of her original titles rest solely on his
authority—improved perhaps by force, as in Wales—by fraud, as in
Orkney—or by a happy combination of both, as in Ireland.
The Scottish Crown had now a Redeemable title to the Sovereignty of the
Islands with the Skatts, Fines, Forfeits, and Jurisdictions of the Kings
of Norway under Wadset, for a principal of £24,166, 13s. 4d., and
subject of course to a Count and Reckoning for its intromissions, which
would show how soon and how often that sum has been paid—principal and
interest—by the Revenue drawn from the Islanders. It had also acquired
an Absolute and Irredeemable Property in the lands, males, and services
of the Earldom; but to the lands of the Bishop or Odallers it had no
other pretentions than those included or implied in the rights of
Sovereignty. To extend over these free domains the claims of Superiority
or Property, to confound the titles Redeemable and Irredeemable, and to
frustrate the power of Redemption by effacing all distinctive laws,
customs and tenures, required time, patience and adroitness in invading
rights and evading claims; and the gradual substitution of feudal for
odal law, and the degradation of the Scandinavian Countries of Orkney
and Zetland to a Scottish County and Lordship, was the stealthy process
of the next century and a half.
Public-domain text, read in full here on John Shaqi.
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