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 was the important transaction on which Britain founds her
possession of these Islands, or, as they were generally styled, THE
COUNTRIES OF ORKNEY AND ZETLAND; and while some have found or fancied in
its terms, unusual safeguards for the laws and liberties of the
Islanders, others have distorted its plain meaning to impugn the right
of redemption, or, with even less honesty, have feigned, forged, or
uttered the forgery of a subsequent irredeemable Cession. But it was
neither less nor more than an IMPIGNORATION, such as Denmark’s
necessities had often forced her to make of States or dependencies which
she could not mean to cede in permanency, such as Funen, Sleswig, and
(more than once) the City and Castle of Copenhagen. A transaction so
usual required no such extraordinary clauses or safeguards. In its very
nature it implied only such a redeemable substitution of ownership as
was consistent with the unchanged integrity of the pledge, so that when
redeemed, it should return unaltered to its original owner. Even while
creating a new and temporary right for Scotland, it did not extinguish
the reversionary claims or present interest of Norway; for we find that
power making valid grants of kirk-lands (1490–1500), its officer, the
Lawman of Bergen, pronouncing valid decrees affecting Zetland (1485),
and the Scottish Parliament expressly recognising the ancient native
laws in the islands (1567) a century after the Impignoration. Most
Scottish historians, from Ferrerius and Buchanan downwards, assert as a
point of national honour the extinction of this Right of Redemption,
either by renunciation or prescription; but the first plea is disproved
by documentary evidence of two centuries of Danish demands and Scottish
evasions; and so late as 1668 (two centuries after the date of the
impignoration, and not two centuries from our own) the Plenipotentiaries
of Europe assembled at Breda, attested that the Right of Redemption was
unprescribed and imprescribable. Whether this Right be still vested in
Denmark, or transferred to Sweden with the Norwegian Crown, are
questions of the Law of Nations decided for the present by British
preponderance of metal—until perhaps some power, recognised by the grace
of Palmerston and Treaty of London as the future heir of Denmark, may
revive the claim with arms as cogent as his pleas and his inducements.
Every writer of Scottish history has recorded this Impignoration, Wadset
or Mortgage, as the basis of Britain’s right to the Orkney and Zetland
Islands, and some have narrated the attendant circumstances with more or
less honesty of investigation; but few have interrupted the flow of
their narrative to trace the political causes or social consequences of
that revolution, and still fewer to define the several rights and
interests of those affected by it as parties, subjects, governors, or
governed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account