Natural history -- Scotland -- Orkney; Orkney (Scotland) -- Description and travel; Orkney (Scotland) -- History
With regard to the holding of land, the laws of Scotland were entirely
different from those of Orkney. In Scotland land was held according
to the feudal system, in Orkney according to the udal system. Under
the feudal system the king was nominally the owner of all the lands in
the kingdom. The various landlords held their lands from him as their
superior, in exchange for certain services to be rendered or payments to
be made, and by a written title, without which they had no legal claim to
the land.
The udal system has been described as “the direct negation of every
feudal principle.” The udaller held his land without any written title,
subject to no service or payment to a superior, and with full possession
and every conceivable right of ownership. The udaller was a peasant
noble; he was the king’s equal and not his vassal. He owed king or jarl
no services, duties, or payment for his udal lands, which he held as an
absolute possession, inalienable from him and his race.
It must not be supposed that all the land in Orkney was held udally, or
that all the inhabitants were udallers. There were some udallers who
held part of their land as tenants, and many of the islanders held no
udal land at all. All landholders, whether udallers or tenants, had to
pay a tax, called “skatt.” This was a tax levied to meet the expenses of
government and defence. Skatt was paid sometimes to the King of Norway,
sometimes to the Earl of Orkney, but it was legally the property of
the crown. Hakon, when he lay dying in Kirkwall, levied skatt on the
landholders of Orkney for the support of his troops during the winter.
In this he was only exercising the undoubted right of the crown of
Norway. But the skatt was never a rent, and never carried with it the
acknowledgment of king or jarl as the real landowner.
When Orkney came under Scottish rule, the King of Scotland became
entitled to the skatt. Some Scottish nobleman or churchman was usually
appointed to collect the revenues of the crown in the earldom. This
nobleman or churchman was paid a commission on what he collected,
together with any trifles he might extort “in ony manner of way.”
Sometimes the revenues of the earldom were farmed out to the collector,
an annual sum being paid by him into the royal treasury as rent. This
arrangement afforded much room for extortion, and all the more so because
the crown collector was ignorant, or could pretend to be ignorant, of
Orkney law and of the udal system.
Public-domain text, read in full here on John Shaqi.
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