Second Shetland Truck System ReportGuthrie, William
History
Second Shetland Truck System Report
Guthrie, William
Labor law -- Truck system -- History -- England; Shetland (Scotland) -- History
In the first place, then, there are no <Manorial rights>, or anything
analogous to them, either in the person of Lord Dundas or of any
other person. The reason why you have heard his Lordship
spoken of as so universal a proprietor in the commons is, that
although his is only a third or fourth rate property, it is so much
scattered, that there are few commons (scattales or scattholes) in
the country in which he has not something to say, <simply,
however, as a proprietor>. The Crown is the universal superior,
and all the land is freehold. It is true that Lord Dundas lately
possessed over all the country, and does still possess over
some few estates, the right to the Crown rents. These were the
feu-duties exigible from the feued lands, and a payment called
scatt, exigible both from Udal and feued land; but this was simply
a right to collect the payments, and did not infer any right of
superiority. Etymologically, scatt certainly seems to have some
connection with <scattholds>, but practically it has none
whatever, so far as the receiver is concerned, and is as to him
simply a feu-duty. The opinion of the country, however, is so far in
favour of the etymological view, that it is generally conceived that
all towns (<i.e.> townships) paying scatt have right to a share of
the commons, while those who do not have none; but this point
has never been settled by any judicial authority.
In the second place, you are mistaken in supposing that tenants
pay no rent for the scattholds. Every township its own scatthold,
the boundaries of which are, or ought to be, known. I say 'ought
to be,' because I believe in many instances a knowledge of the
marches has been lost. Any scatthold, therefore, is common
merely as respects the township to which it belongs; and it is the
exclusive property of the owners of that township, or, more strictly
speaking, forms a part of the township itself. Each township
consists of a certain number of merks. The following history of
the origin of this term (which is our universal denomination of
land, both in letting it to tenants and in conveying it from one
proprietor to another) may help to explain its nature. It seems,
then, to have arisen in the times when rents were fixed by public
authority, each township being valued, <in cumulo>, at so many
merks of money as it was considered worth. The share of each
landlord was then naturally said to consist of so many merks,
because the rent was in fact his whole interest, the farmer being,
according to the old Danish law, the real proprietor, and the
landlord only a sort of lord of the manor. The term, by a very
easy change, came, with the changes of laws, to apply to that
portion of land which had originally paid a money merk of rent,
but did not, and does not to this day, denote any particular spot or
measurement, but merely such proportion of the whole township
as had been equivalent to one money merk of rent, when the whole
was valued at a given number.
Public-domain text, read in full here on John Shaqi.
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