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
unwritten tenure of his fathers, were no match for the defined rights
and pretensions of the pettiest neighbour possessing by the _litera
scripta_ of a feudal title, still less of the powerful Feudatory
claiming by Royal charters, and aided by the ingenuity of the
professional lawyer, trained and practised in the logic of the schools.
As if to insult the dearest prejudices of the Odaller, every feudal
aggression was held forth as a boon of reform, every change as an
amendment of his barbarous code, every abrogation of a cherished right
as the removal of an antiquated abuse—while the promised improvement was
but a delusion, and the new abuses were more burdensome than the old.
Left to itself therefore, Odalism must have decayed by the natural
development of its germs of self-destruction; but the mere decline of
the abstract principle, or even the impoverishment of the Odaller, were
no object to the Scottish Government, except as tending to its own
enrichment at his cost. To make present and growing profit of the
defects of the Odal title—to drive the possessor into the refuge of a
feudal tenure, and to obviate the Redemption by Scoticizing every law or
custom derived from the mother country, were now the objects of Scottish
policy, and an able agent was found in Bishop William Tulloch, who (27th
August 1472) undertook to collect the Revenues of the Crown for a
Commission of 20 per cent., and a tacit connivance in his unquestioned
appropriation of all “unconsidered trifles,” and in his extra
extortions, “ony maner of way,” beyond his Tack duty of £366, 13s. 4d.
Deeply embued with feudal prejudices, Tulloch affected to see no legal
principle in a code of customs so anti-feudal. Heritage, without
Superior or Vassal, Payment or Service, Charter or Sasine, or any of the
essentials of a valid feudal title, was to him a mere traditionary
usurpation, subversive of lawful order and authority. The Odaller was a
mere squatter, with, at best, a possessory title, liable to arbitrary
exaction limited only by his capacity to pay, and with prescriptive
custom as his only claim to differ from the annual Tenant or triennial
Tacksman. To obliterate all such distinctions, the lands of the Odaller
and Tenant were registered in one indiscriminate Rental, with a studied
confusion of rights Odal paying Skatt—and rights extra-Odal paying
land-male. The Thing-För-Kaup of the Odaller, and Gersomr of the Tenant,
were claimed as the nominal equivalent of the feudal Forcop and
Grassum—Skatt, Wattel, Leidangr, and every Odal tax without a feudal
synonyme, were exacted as a rent—every feudal claim or casualty without
an Odal name or equivalent custom, was imposed and extended to its full
feudal limits—while every Odal customary right of pasture, fishing, or
sea-beach, was limited, taxed or punished as a feudal purpresture. The
whole district was indiscriminately subjected to the prædial and
personal services formerly due by Tenants only, and new burdens of
Public-domain text, read in full here on John Shaqi.
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