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
casualties, and renew the tenures by a mutual recognition as Superior
and Vassal. _The Uthell Buik of Orkney_ (16th March 1601–2) records
every Odal land as “feuit to the Udallers paying their Scatts and
Dewties according to the Rentale, with dew service usit and wount”—and
how profitable these new bargains were to the Earl’s revenue, is shown
by the important “Rentale pro Rege et Episcopo,” compiled about this
time by Dishington.
By the subserviency of the Sheriff and his subordinate staff of Things
(no longer composed of Odallers, but of Servants and Tenants), and by
the abuse or perversion of the Law Book, the Justiciar had no difficulty
in multiplying enactments, penalties and convictions for the most
trivial causes or impossible crimes. If evidence was insufficient, and
bodily torture had failed, confession was extorted by the agonies of the
victim’s dearest objects of affection, and the judicial murder was
consummated by gibbet, fire or water, on Thieves holm, or before the
window of the Earl’s hall. Confiscation for his benefit was the object
and consequence of every such conviction, and the Law Book when it had
served, and could no longer serve his purpose, disappeared for ever. His
droits and jurisdiction as Admiral were made equally profitable by means
equally nefarious. As Patron he appropriated all vacant benefices, or
sold them to his dependents, and as Lord Paramount, he claimed the sole
disposal of the commons, harbours, ferries and fisheries, even in the
ocean, and every other right not feudally secured.
But by his assumption of a more than kingly prerogative of arbitrary and
general Taxation, to the extent of 20,000 marks in 1594, and £40,000 in
1595–6, and by the addition of a third to every Standard of weight and
measure, and consequently to every Teind and Duty, he touched the
interests, and roused the active opposition of a class less patient and
more powerful than the Odaller, whom he had learned to coerce or crush
at pleasure—the larger Feuars of the Kirk lands, the old opponents of
his father. Confident in their Island strongholds and in their Crown
Charters, titulars of their own Teinds, with independent jurisdictions
and other rights as well defined as his own, and less precarious, they
opposed his usurpations, defied his power, retorted his injuries, and
even protected his victims. One after another he had long waged against
them a desultory war of law and violence. For the siege and capture of
Noltland Castle, and imprisonment of the Laird of Monquhannie (1592),
the Court of Session had punished him with escheit and heavy damages;
and in defiance of his edicts against suing in any Court beyond the
bounds of Orkney and Zetland, Mudy of Breckness, Bellenden of Evie, the
Goodman of Eday, and even his own brothers, had carried to the Supreme
Court similar complaints with similar results; and the Earl could only
vent his rage upon the servants who had convoyed their masters beyond
reach of his jurisdiction.
Public-domain text, read in full here on John Shaqi.
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