Orkney and ShetlandHeddle, John George Flett Moodie
History
Orkney and Shetland
Heddle, John George Flett Moodie
Orkney (Scotland) -- Description and travel; Shetland (Scotland) -- Description and travel
The long and painful story of Scottish oppression in Orkney and
Shetland has a literature of its own, and can only be briefly referred
to here. The Scottish Crown from the first treated the _scats_, in
origin and essence a public tax, as a sort of personal perquisite of
the King, or part of the Royal patrimonium, and farmed them out, along
with the Earldom lands, to one needy favourite or importunate creditor
after another, Orkney at the same time being now made liable to all
Scottish taxation. Many of these grantees received the jurisdiction
of Sheriff, a circumstance which led to the accelerated encroachment
of Scottish feudal law on the old Norse legal system. Mere treaty
stipulation proved a frail protection to the oppressed Odallers, when
the only appeal against strained laws and unjust exactions lay to the
Scottish Crown itself, which had installed the oppressors, and whose
ministers and judges knew and cared nothing about Odal law. Twice
indeed, first in 1503, and again in 1567, the Scottish Parliament
expressly recognised the obligation to maintain Norse law, pious or
perfunctory opinions which had no practical effect. The two most
notorious, because the most powerful, of these Scottish oppressors of
Orkney and Shetland were Lord Robert Stewart, whose half-sister, Queen
Mary, in 1564 granted him the Sheriffship of both groups, together
with all the Crown rights and possessions therein, and Lord Robert’s
son Patrick. In 1581 Lord Robert was further created Earl of Orkney
by his nephew King James VI, and Patrick succeeded him in 1591. Rents
and scats being payable to a large extent in kind, by tampering with
the old Norse weights and measures, these two harpies in a few years
actually increased their revenues from the Earldom one-half. Owing to
the unceasing complaints of all classes of the community Earl Patrick
was finally imprisoned, and in 1615 executed for high treason. As it
had now become apparent that the holders of the Earldom rights had all
along simply utilised the local courts and forms of legal procedure for
their private advantage, by an Act of the “Lordis of Secret Council,”
of date 22nd March, 1611, all foreign (_i.e._ Norse) laws theretofore
in use in Orkney and Shetland were discharged, and all magistrates
in those islands were enjoined to use only “the proper laws of this
kingdom.” Although this Act was of doubtful validity on more grounds
than one, yet it has held good; and apart from the maintenance of
Norse law in its integrity, an ideal which the conditions of the times
rendered unattainable, the change was probably the best thing that
could have happened for the Islands.
Public-domain text, read in full here on John Shaqi.
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