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
The simple rules and forms of Odal law might suffice to define and guard
the rights of man as an individual, or even as a member of society in
its primeval or patriarchal form, of a few families scattered far apart,
with intervals of wild solitude, with the sea for their march, and the
mountain for their landmark. But as the rights and obligations of the
man and the family became complicated with those of the neighbour, the
citizen, or the subject, society soon outgrew this simple code. Each new
social element required some new modification; every change, as by an
inherent principle, tended to concentrate in the State, or its Head, the
rights and powers of the individual; the Odaller, whose free
institutions have taught freedom to the world, was cherishing a system
as fatal to liberty as that which he despised, and Feudalism in its
vigour was scarcely more favourable to the growth of despotic power than
Odal-ræd in its decay. In both the evil might have been checked, by
opposing to the invasions of tyranny the resistance of a powerful
aristocracy, of an influential middle class, or of the rival supremacy
of the Church. But when the Impignoration let loose the conflict of
legal systems upon Orkney, the Scandinavian Crown, by substituting
primogeniture for Odal succession, had grown so strong as to absorb the
powers and possessions of the Jarls, who had become the mere Lendermen
or Tacksmen of the Royal revenues. The Church, which more than once
nearly overmastered the Scandinavian Crown, was in Orkney its humble
_servus servorum_—more disposed to court its favour by servile
complicity, than to defy its wrath by an uncourtly defence of freedom.
The collective influence of the Thing was no defence—its free councils
and jurisdictions had been undermined by insidious innovation of forms
or terms, or finally uprooted by masterful violence. Successive
generations of Odal subdivision had so reduced the wealth and weight of
the middle class of Peasant Nobles, that it was but a question of time
when the heirs of the most influential Odaller should make an
infinitesimal sub-partition of the last zowsworth of his Odalsjord, and
sink into poverty, without means of independence or self-defence against
oppression or encroachment. Unfortunately, the peculiarities of his
rights long survived his power to defend them, complicating his
relations to his new feudal masters, and adding to his difficulties,
legal and illegal, that of instructing a foreign feudalist to plead his
cause before a foreign judge, whose decisions, forms and language, were
as strange to him as his laws, usages and terms, were barbarous and
uncouth to them. Eloquence was the most popular accomplishment of the
Odaller, and he was wont, as Thingman and Umbothsman, to discuss the
law, and defend the rights of himself and others—but he was overwhelmed
by legal principles which he did not know, in a language which he could
not speak; and he soon found that the vague and customary claims, and
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