Chapter XI: Appendix: No. II

THE TAXATION, RENTALS, WEIGHTS AND MEASURES, OF ORKNEY AND ZETLAND.

The earliest Survey and Valuation of Orkney (1263) was the counterpart—perhaps the pattern—of the AULD EXTENT of Scotland made by Alexander III. somewhat later and subsequently to his intimate relations with Norway. It was to the Islanders an event of such importance, that history and tradition have combined to commemorate its date, place, and circumstances with picturesque minuteness. It was on St. Martin’s day 1263 that Hacon IV., in an upper chamber of Bishop Henry’s palace in Kirkwall, lay down to die of a broken heart and mortified ambition. But the cares of royalty followed him even to his deathbed; his troops and seamen, the relics of the storm and battle at Largs, were starving and houseless; and in the absence of Magnus Jarl III., he issued orders to divide the whole occupied lands of Orkney and Zetland into MARKLANDS containing 8 EYRISLANDS or URISLANDS, each of which should find quarters and supplies for a Hofding and a fixed number of men, probably in proportion to the Skatts formerly paid.

In the comparatively fertile and populous Orkneys, more minute subdivision soon became necessary; and some Scottish Jarl divided each Norse Urisland into the Scottish denominations of 18 Pennylands, and each pennyland into 4 Farthings or Merks, or (in some districts) into 6 Uriscops or Mæliscops, and finally into 10 Yowsworths, to suit the excessive partition of Odal heritage. Though the Mark is still the vague denomination of land measure in Zetland, as being sufficiently minute for its large tracts of comparatively valueless waste, even there it has been found convenient to estimate the unequal value of the Markland by Pennies, and to apportion its Skathald, Skatt, and Landskylld to the number of Pennies ascribed to each Mark, an alteration traditionally attributed to English valuators under a commercial Treaty between England and Norway—perhaps that of 1431. From the confusion of terms of value, weight, and size,—of Mark and Merk—of Peningr and Penny—of Urisland and Uriscop—of Marklands in Zetland of 4, 8, and 12 pennies per mark—and of Pennylands in Orkney of 3, 4, 5⅛, and 8 merks to the penny—so many difficulties beset this subject, that I rejoice that I am not required to attempt their solution; for the denominations of land-value still exist as fixed by Hacon’s Survey, practically undisputed by subjects or rulers—neither the ground of oppression nor the cause of complaint.

This Survey was probably grounded partly on traditions of taxation, as early as the Norwegian Conquest, and partly upon the _Matricula Regis_, King Sverrer’s Register of the Odals confiscated under penal terms of redemption (1196)—and from its results was compiled the first LIBER CENSUS, or SKATT BOOK of Orkney and Zetland, the authentic Statement of the extent of each Odal Tun then in occupation, and of its STENT or proportion of Butter Skatt. As population increased, each _Tun_ or subdivision thereof paid for its enlarged area of cultivation a Malt Skatt also, marking at once the advance from pasture and the increase of culture; and the old _Liber Census_ was from time to time replaced as out of date, by a new and more complete record of such changes. The only specimen extant is a copy of the SKATT OF ZETLAND, compiled by one of the Sinclair Earls, without a date, but so ancient that the scribe of the fifteenth century apologises for the illegible writing and uncouth terms, as unintelligible even to himself. This Skatt Book distinguishes each Thing; describes the extent of each Tun in Marks of so many pennies per mark; and under distinct heads charges against each possession its Odal-Skatt and Leangr, or Tenant’s Land-male of wadmæl, oil, or fish—or sometimes both Odal and Tenant burdens; probably because such lands, though formerly Odal, had fallen by confiscation to the King or Earl, and been set to a tacksman, subject to both the old and new exactions. But though it thus records a few _land-males_ (showing the small extent of land in Zetland under tacksmen), the Skatt Book seems to have been a fair and distinct statement of National Taxation, unblemished by the studied confusion of tax and rent, of Odal and Feudal terms, which rendered its successor, the Rental, so oppressive to the Odaller. Like the Doomsday Book of another Northman race, the Skatt Book was the simple Record of the revenue and rule of taxation—its successor, the Scottish Rental, claimed to be also the substitute for a written title, the limit of every claim, the standard of every burden, the authority for every exaction; but compiled in secret, and jealously closed against public inspection, it rather favoured the claims of the ruler than secured the rights of the subject. The first duty imposed by James III. upon his new vassals, the Earl and Bishop of Orkney, was the compilation of such a rental, including not only the land-males or rents of his own newly acquired Earldom, and of the Church lands, but also the whole Skatts and other Odal taxes of the Skatt Book, exigible from the lands of free Odallers. The “AULD PARCHMENT RENTAL,” Earl William’s last legacy of spite against the Bishop and the Odallers, has unfortunately been lost, but it is evident from other authorities that he revenged himself on the Churchman by pitiless exposure of his fraud and rapacity, and on the Laymen, by suggesting the close similarity and easy identity of Odal and Tenant rights and burdens. The same fate has overtaken the Rental prepared by Bishop William Tulloch, partly for the Crown’s instruction, partly in self-defence against the Earl’s accusations of _Skatts abstracted_ and _lands gripped_, and other encroachments during the Lieutenancy of Bishop Thomas and himself. Of these conflicting Rentals, and their mutually truthful recriminations of embezzlement and oppression, much may be learned from the succeeding Rentals of Henry Lord Sinclair, of which the earliest was prepared in 1492, more than twenty years after the Impignoration, and therefore affording ample time for such Crown officers as Bishop Tulloch to alter every land right in the Islands. Accordingly, this Rental shows an aggravation of the number, nature, and amount of the Odaller’s burdens, and a studied confusion of his rights with those of the Tacksman of the Crown or Kirk. Thus, the Odal lands are charged with the ancient Skatt, but this is sometimes doubled and paid both to King and Bishop. The FÖR-KAUP is no longer the fee of the Lawman (whose salary of £12 is charged against the Crown in the tacksman’s account), but under the feudal name of _Forcop_ is again exacted from the Odaller as a _triennial grassum_ for the use of the once free and common pasture. The _Votn-tel_ is entered under the corrupted name of _Wattel_; but in despair of its lost Norse meaning, the fancy of the Feudalist has explained it as a tax for holy water, or for the good offices of some saintly lady whose profitable virtues had outlived her name; while its ancient purpose of the Underfoud’s fee, is again supplied by the _Balliatus_, a new impost on the parish. Another parish burden of _Hawkhens for the King’s falcons_ is first mentioned in the _compota_ of Bishops William and Andrew (1478–9), and first charged in this Rental, where the Escheits of Moveables and Heritage are entered as an ordinary item of revenue, under the suggestive name of “Chetry.” The purely Scottish claims of Wrack and Waith (which in time ripened into the full Droits of Admiralty and the Leges Forestarum) were new and violent invasions of the Odal freedom of hunting, fishing, and sea-beach; and every occasional or temporary payment once paid became a tax for ever.

The several exactions may be classed in the order in which they are named in the Rental. 1st. Odal; 2nd. Tenant; and 3rd. District or Parochial Burdens.

The Odal payments consisted of—

1st. STENT, the Butter Skatt assessed by ancient valuation in
proportion to the pennylands.

2nd. BUTTER SKATT, _præter the Stent_, an obviously unwarranted and
often large increase of the tax—generally as much more.

3rd. MALT SKATT.

4th. SILVER SKATT.

5th. FORCOP, already explained, but of such arbitrary and unequal
exaction as fully to warrant the definition of Dufresne, “FORCOP,
_Forcapium, exactio, tributum haud debitum, per vim et contra jus
captum_.”

6th. WATTEL, the Fee of the Underfoud, paid or estimated in grain.

The Land-male or Rent of Tenants or Tacksmen consisted of—

1st. COST, or victual—generally paid in a commutation of two-thirds of
malt, one-third of meal.

2nd. FLESH—paid in cattle or live stock, at a conventional estimate of
2 or 3 head to each Last of nominal quantity.

3rd. PENNYWORTHS—an equivalent in grain, butter, oil, or other produce
of the lands, in case of deficiency of the other payments.

The parochial exactions (all of Scottish origin) are summed up with a quaint acknowledgment of omnivorous rapacity; “And all this _supra_, is _præter_ the Skattmarts, Wrack, Waith, Hawkhens, Chetry, Balliatus, and uthir profittis and Revenues that may happen ony maner of way.”

The relative share of the Odaller and Tenant in these new parish burdens is not expressed, but both must have looked back with regret to the worst of their ancient rulers, and watched with dismay the rising tide of Scottish oppression which was slowly but inevitably sapping their rights and overwhelming their liberties.

Of the taxes, rents, and assessments of the Rental, only a very small part was payable in money, and every coinage seems to have been current, though at an exchange often and arbitrarily fluctuating.

The rest of the _Debts and Duties_, as they were called, were paid in kind or produce, and measured by the PUNDAR and BYSMAR—the CAN and BARRELL—the CUTTEL and PACK—the native Standards and Instruments respectively of weight, capacity, and extent. The correctness and uniformity of these instruments was guarded with jealous care by the Thingmen, and the Wardthing of every Parish elected a LÖGRETTMAN or LAWRIGHTMAN to watch the measuring of its debts or duties by the Underfoud, and to take charge of its Standards, which were from time to time compared and corrected in presence of the Thing, by reference to a Common Standard of each kind of instrument of mensuration. Each of these common Standards was more solemnly authenticated by the Common Seal, or the signature or mark of the Lawman, by authority of the Lawthing, and severally kept by one of the Lawrightmen of four different districts, honoured by law or custom with their custody. This system of inspection, counter-checks, and separate guardianship, effectually precluded fraudulent or ignorant tampering with the Weights and Measures of the country, till virtually cancelled by the violence of the Donatary and his agents in superseding the Lawrightmen.

Of measurement by weight the instruments were—1st, The PUNDAR or PUNDLAR, identical with the Steelyard or _Statera_, and of two kinds—the MALT PUNDAR for weighing Malt and other bulky articles, and the _Bere Pundar_ for Bere only, using the same weights, but each a third less than the same denomination on the Malt Pundar; and 2ndly, the BYSMAR, on which were weighed the butter and other articles requiring more minute mensuration. The following figures will explain the form of the Pundar and Bysmar better than description, and show their liability to error and fraud, and the consequent necessity for the jealous watch of the Lawrightman upon the weigher’s crafty hand.

The first is a facsimile of the woodcut which occurs in the original edition of the _Historia de Gentibus Septentrionalibus_, of Olaus Magnus, Archbishop of Upsala, p. 468, Romæ, 1555, folio. The other is copied from _The General Grievances and Oppression of the Isles of Orkney and Shetland_ (by James Mackenzie), p. 19. Edinb. 1750, 8vo.: Both cuts are figured in Dr. Hibbert’s Shetland.

The weights in use were—

8 Eyrar or Ounces = 1 Mark of half a pound
24 Marks = 1 Lispund, Span, Setteen, or Stone.
6 Lispunds = 1 Meil.
24 Meils = 1 Last.

Of measurement by capacity, the instruments were the Can or KANNA of Norway, and the Barrel or BARIEL of fifteen Lispunds.

48 Cans of Oil or 15 Lispunds of Butter = 1 Barrel.
12 Barrels, 180 Lispunds, or 576 Cans = 1 Last.

Of measurement by extent the only instrument was the CUTTEL or ALIN, a wooden rod of the length of the Scottish Ell. The Cuttel of Wadmæl became in Zetland the general measure of value, standard of barter, and substitute for a current coinage; 6 Cuttels being equivalent to an EYRIR or _ounce_ of land taxation, and 6 score or a _large hundred_ of Cuttels being the standard price of an ox or six sheep.

6 Cuttels = 1 Gudling or Gullioun—10 Gulliouns = 1 Pack.

The standards of weight and measure were unchanged till Earl Robert, by raising the weight of the fundamental Mark from 8 to 10 ounces, added in the same proportion of one-fifth to every other denomination—and by increasing the Gudling from 6 to 8 Cuttels, he added one-fourth to every Pack of Zetland Wadmæl. Earl Patrick increased the Mark to 12 ounces, thus adding one-third to every Lispund, Meil, and Last; and subsequent Donataries improved the profitable example by aggravating the Mark to 20 ounces, and thus boldly achieving an increase of 250 per cent. upon every denomination of weight or measure. The only apparent exception was the Barrel, which, being a vehicle of foreign export, could not be enlarged, and consequently could only contain 10 of these aggravated Lispunds instead of 15 of the normal size; but the balance was charged in _loose Lispunds_ of similar overweight.

There is no authentic statement of the revenues of James III. as Sovereign and as Earl of Orkney, but assuming and deducting a rise during the Episcopal Tacks proportioned to that which appears between the first and second Rentals of Lord Sinclair, the Skatts and Land-males of the Crown may be approximately stated at between £500 and £600.

Their progressive increase during the sixteenth century may be more minutely estimated by a comparison of Lord Sinclair’s Rentals (1492–1502) with that of Earl Patrick (1600–1), and an unerring tariff of current prices is found in the Rentals themselves, or in the contemporary Rolls of the Scottish Exchequer. The last Rental of Lord Sinclair stands thus—

1502. _Scat Butter_—1312 Lispunds at 1s. per
Lispund £82 0 0
_Scat Malt_—60 Lasts at £3, 6s. 8d. 200 0 0
_Forcöp_ (the exact amount of the
Lawman’s fee, £12) 12 0 0
_Wattel_—12 Lasts 40 0 0
——— —— ——
Total Odal Payments £334 0 0

_Butter_, 24 Barrels (360 Lispunds) £22 10 0
_Cost_ (or Grain Rent), 88 Lasts 293 6 8
_Flesh_, 59 Lasts (118 oxen at 13s. 4d.
per head) 78 13 4
—— 32 salted Marts at the same price 21 6 8
_Hawkhens_, 440 at 6d 7
6 8
——— —— ——
Total Land males of Earldom 423 3 4
——— —— ——
Total Crown’s Scats and Males £757 3 4
==== == ==

These revenues, with the unrentalled profits of Wrack, Waith, Chetry, Balliatus, &c., were farmed by Tulloch and other tacksmen, at a rent or Tack duty varying from £366 to £466, till James V. (1540) ascertained by personal investigation, that under the most liberal tack, a duty of £2000 was not too high for the increased value of official perquisites, and the higher prices of conversion, which had raised the Crown’s Rental as follows—

1540. _Butter_ at £3 per Barrel £262 10 0
_Malt_ at £5 per Last 300 0 0
_Wattel_ at £5 per Last 60 0 0
_Forcop_ as before 12 0 0
——— —— ——
Total Odal payments £634 10 0

_Butter_ £72 0 0
_Cost_ 440 0 0
_Flesh_ (150 cattle at £1, 10s. per head) 225 0 0
_Hawkhens_ at 6d. 11 0 0
——— —— ——
Total Land males 748 0 0
———— —— ——
Total Crown Rental £1382 10 0
===== == ==

The same Tack duty of £2000 was paid by Lord Robert Stewart as a Feu-duty; and in 1568, the first year of his actual exercise of power, the higher prices of conversion had raised the Crown Rental to the following value, without increase of quantity:—

1568. _Butter_, 87½ Barrels (at £9 per barrel) £787 10 0
_Malt_, 60 Lasts (at £30 per last) 1800 0 0
_Wattel_, 12 Lasts (£360), _Forcop_ (£12) 372 0 0
——— —— ——
Total Odal payments £2959 10 0

_Butter_, 24 barrels £216 0 0
_Cost_, 88 Lasts 2640 0 0
_Flesh_, 59 Lasts (at £7, 4s.) 424 16 0
—— _Marts_, 32 (at £3, 12s.) 115 4 0
_Hawkhens_, 440 (at 6d.) 11 0 0
——— —— ——
Total Land males of Earldom 3407 0 0
————— —— ——
Total first Rental of Earl Robert £6366 10 0
===== == ==

On his disgrace (1587) and the new grant to Chancellor Maitland and Bellenden on an increased duty of £4000, the Rental, as stated in their Charter, was found to have been raised to the following quantity and value, without distinction of Skatt or Land male.

1587. _Butter_, 1458 Lispunds (at 12s.) £874 16 0
_Grain_, 189 Lasts (at £30) 5670 0 0
_Flesh_, 91 Lasts (at £7, 4s.) 605 6 0
_Money_, in lieu of Forcop and Skatt Silver 109 0 0
————— —— ——
Total (acknowledged) Rental of the Crown £7259 2 0
===== == ==

But this numerical statement of quantities no longer expressed the actual burdens of Orkney. Earl Robert’s increase of the weights and measures had added a fifth to every nominal Mark, Lispund, Meil, or Last in the Rental, and when he was reinstated (1589) (compounding at a reduced Feu-duty of £2075), the quantities and value actually paid under the nominal Rental amounted to—

1589. _Butter_, 1822½ Lispunds (at 12s.) £1093 10 0
_Grain_, 236½ Lasts (at £30) 7095 0 0
_Flesh_, 113¾ Lasts (at £7, 4s.) 818 8 0
_Money_ in lieu of Forcop and Skatt Silver 109 0 0
————— —— ——
Total Crown Rental in Orkney £9015 18 0
===== == ==

Accordingly Earl Robert’s final Rental, although the articles of payment differ in arrangement and commutation, amounts, at the former conversions, to nearly the same sum and value:

1592. _Butter_, 87½ Barrels at £9 per Barrel £787 10 0
_Do._ loose, 791½ Lispunds at 12s. per Lispund 474 18 0
_Grain_, 227 Lasts at £30 per Last 6810 0 0
_Flesh_, 97½ Lasts at £7, 4s. per Last 702 0 0
_Hawkhens and other Poultry_, 3242 at 6d. 81 1 0
_Swine_, 3 at £1, 16s. 5 8 0
_Peats, Rabbit-Skins_, and other minor articles 10 10 0
_Money_, in lieu of _Forcop_ and _Skatt Silver_ 144 13 0
————— —— ——
Total last Rental of Earl Robert £9016 0 0
===== == ==

Thus showing an increase of quantities and value since his first audit of 1569 amounting to—

_Butter_, 431½ Lispunds at 12s. £258 18 0
_Grain_, 67 Lasts at £30 2010 0 0
_Flesh_, 22½ Lasts at £7, 4s. 161 10 0
_Poultry, swine_, and minor articles 85 19 0
_Money_ 132 13 0
————— —— ——
Total augmentation of Rental by Earl Robert £2649 0 0
===== == ==

If to this aggravation of the Rental we add his revenue from Tolls, Customs, Droits, Escheat and triennial Grassums, and consider the forced labour, the diminished area of cultivation, and the doubled penal conversions for every deficiency of these impossible quantities, we may estimate the income of Earl Robert and the misery of the Islanders; though the _Rentale pro Rege et Episcopo_ (1592–1600), which exhibits the numerical increase of exaction, is silent as to his aggravation of the Weights and Measures.

This addition of a fifth to every actual payment was augmented to a third by Earl Patrick’s similar aggravation of the Mark to 12 ounces; and increased penal conversions were exacted for all arrears, rests, or unpaid balance of duties beyond what the Islands could produce, till their actual burdens thus aggravated, and valued at the current averages of conversion, amounted to—

1600. _Butter_, 87½ Barrels at £20 £1,750 0 0
_Do._ loose, 1055 Lispunds at £2 2,110 0 0
_Grain_, 306 Lasts at £60 18,360 0 0
_Flesh_, 130½ Lasts at £16 2,088 0 8
_Swine_, 3 at £4 12 0 0
_Hawkhens_, &c., 3242 at 1s. 162 2 0
_Peats_, &c., about 23 5 0
_Money_ 144 13 0
————— —— ——
Total Crown Rental of Earl Patrick £25,650 0 0
===== == ==

But besides this large revenue, and that derived from the Grassums, Droits, Tolls, Customs, Fines, and other unrentalled, unacknowledged, and unestimated perquisites, to the amount of about £6000 more, the Stewart Earls were also Commendators of the Estates of the Church, to which they proved no less dutiful as nursing fathers during their possession of about half a century. The Rental of the Bishopric at the Impignoration or beginning of the sixteenth century cannot be ascertained, but at the time of James V.’s visit, the articles composing the Church Rental (as shortly afterwards attested, and valued at the prices of the period), amounted to the following sums and quantities:—

1540. _Butter_, 180½ Barrels at £3 £541 10 0
_Grain_, 79 Lasts at £5 395 0 0
_Flesh_, 12½ Lasts at £3 37 10 0
_Marts_, 4 at £1, 10s. 6 0 0
_Hawkhens_, 217 at 6d. 5 8 6
_Swine_, 2 at 15s. 1 10 0
_Wax, Peats_, &c., about 13 1 6
_Silver_ 251 2 6
————— —— ——
Total Rents and Teinds of Bishopric in 1540 £1251 2 6
===== == ==

These quantities were officially attested by Bishop Adam in 1561, and in 1568 (the date of his first contract with Lord Robert), amounted at the current prices to the value and quantity following, viz.—

1568. _Butter_ at £9 per Barrel £1624 10 0
_Grain_ at £30 per Last 2370 0 0
_Flesh_ at £7, 4s. 90 0 0
_Marts_ at £3, 12s. 14 8 0
_Hawkhens_ 5 8 6
_Swine_ at £1, 16s. 3 12 0
_Wax_, &c. 22 1 6
_Silver_ 251 2 6
————— —— ——
Total £4381 2 6
===== == ==

These articles, the amount of the Bishopric Rental at Earl Robert’s entry, he increased to the following quantities at the same conversion:—

1587. _Butter_, 73½ Barrels at £9 £661 13 0
_Do._, 136 Lispunds 21 Marks at 12s. 82 2 6
_Grain_, 189 Lasts, 20 Meils, 5 Set^{ns}, at £30 5696 0 10
_Flesh_, 84 Lasts, 18 Meils, 2 Set^{ns}, at £7,
4s. 610 10 0
_Poultry_, 1046 26 3 0
_Wax_, &c. 24 6 6
_Silver_ 299 7 2
————— —— ——
Total £7400 0 0
===== == ==

which by his aggravation of one-fifth of every weight and measure, actually represented the following quantities and value at his death, 1592:—

1592. _Butter_ in Barrels (unchanged) £661 10 0
_Do._, Loose, 171 Lispunds at 12s 102 12 0
_Grain_, 237⅓ Lasts at £30 7120 0 0
_Flesh_, 105 Lasts 22 Meils at £7, 4s. 762 12 0
_Poultry_ 26 3 0
_Wax_, &c. 27 15 10
_Silver_ 299 7 2
————— —— ——
Total £9000 0 0
===== == ==

Earl Patrick’s aggravation of one-third in like manner raised the actual quantities paid from the Bishopric in the same proportion, and at the current prices of conversion, to the following value:—

_Butter_, 73½ Barrels at £20 per Barrel £1,470 0 0
_Do._, 182 Lispunds at £2 per Lispund 364 0 0
_Grain_, 253 at £60 per Last 15,180 0 0
_Flesh_, 113 Lasts at £16 per Last 1,808 0 0
_Poultry_, 1046 at 1s. each 52 6 0
_Swine_, 2 at £4 8 0 0
_Wax_, &c., about 33 6 10
_Money_ 299 7 2
————— —— ——
Total Bishopric. £19,215 0 0
===== == ==

The following Abstract of the results of these Tables will exhibit briefly the progressive increase of the burdens of Orkney during the sixteenth century—

1502. Crown Rental £757 3 4

1540. By a rise of prices—
Crown £1382 10 0
Bishopric 1251 2 6

Rental at the visit of James V. ——————— —— —— 2633 12 6

1568. By a farther rise of prices—
Crown £6366 10 0
Bishopric 4381 2 6
Lord Robert Stewart’s first Rental ——————— —— —— £10,747 12 6

1592. By a rise of quantity, weight, and
price—
Crown £9016 0 0
Bishopric 9000 0 0
Earl Robert’s final Rental ——————— —— —— 18,016 0 0

1600. By farther rise of quantity, weight,
and price—
Crown £25,650 0 0
Bishopric 19,215 0 0
Earl Patrick’s Rental of Orkney ——————— —— —— 44,865 0 0

I am not aware of any authentic Rental of the burdens of Zetland during the sixteenth century, except the statement in the Charter to Maitland and Bellenden (1587), and the Comptroller’s Accounts (1588), after twenty years of Earl Robert’s aggravations of weight, measure, and value, when a third had been added to the contents of every Pack of Wadmæl and Lispund of Fat-gude at arbitrary conversions in a coinage as arbitrary. The nominal quantities (for which the Donatary compounded with the Royal Comptroller at £400) are there stated as follows:—

_Wadmæl_, 167 Packs (of 60 Cuttels) at 6d. per
Cuttel £250 10 0
_Butter_ and _Oil_, 1530 Lispunds at 12s. per
Lispund 918 0 0
_Wattel_, commuted at 105 Dollars at 30s. each 157 10 0
_Tolls_, &c., 120 Angel-Nobles (at £4) and 20
Dollars 510 0 0
————— —— ——
Total Rental accounted for by the Donataries £1836 0 0
===== == ==

But by the augmented Weight, Measure, and Price, the burdens actually extorted from the Lordship of Zetland were raised (exclusive of Ox-money and other unacknowledged exactions) to the amount and value of—

_Wadmæl_, 167 Packs (of 80 Cuttels) at 2s. per
Cuttel £1336 0 0
_Butter_, 2040 Lispunds at 18s. 8d. 1904 0 0
_Wattel_, 105 Dollars at 36s. each, with other
augmentations 210 0 0
_Tolls_, &c. 2000 0 0
————— —— ——
Total actual burdens of Zetland £5450 0 0
===== == ==

From these Abstracts of the Revenues of the Crown Estate and Bishopric of Orkney and of the Lordship of Zetland, the income drawn from the Islands by Earl Patrick, exclusive of a multitude of unacknowledged exactions, may be approximately stated thus—

Orkney— Crown Skatts, Duties, and
Males £25,650 0 0
Bishopric Rents and Teinds 19,215 0 0
Tolls, Customs, Admiralty,
Justiciary, &c. (about) 6,000 0 0
Total Revenue of Orkney. ——————— —— —— £50,865 0 0
Zetland— Skatts, Males, Tolls, &c. 5,450 0 0
——————— —— ——
Total Revenues of Earl
Patrick [3]£56,315 0 0

Footnote 3:

About £5000 Sterling—a princely revenue in those days, when the
general scarcity of coin, and poverty of kings and kingdoms had been
met by a debasement of the coinage gradual and universal; but in
Scotland so rapid, that the £ Scots, equivalent to the £ English in
1366, was worth only 8s. in 1468—6s. 8d. in 1540—3s. 4d. in 1568—and
1s. 8d. in 1600.

The peculation of subsequent Donataries, by the fraudulent increase, fluctuation, and complexity of the Standards of Weight and Measure, and consequent augmentation of the burdens of Orkney to the amount of 3000 Cattle, 5000 Bolls of Grain, 6218 Lispunds or Stones of Butter, and 700 Gallons of Oil, became (1750) the subject of the memorable PUNDLAR PROCESS. To the various Memorials and Pleadings in that suit I must refer for more minute details, as the whole difficult subject is there discussed and exhausted, but in a form too long for insertion, and too intricate for condensation. The evidence was complete, that the Crown Donataries had for two centuries persistently, fraudulently, and enormously increased the legal weights and measures of the Islands. But after the Pursuers had been driven to incur the expense of this elaborate proof, a decision was given against them on the merely preliminary plea of prescription, to the disgrace of a corrupt or partial Court. With such Judges even the specific evidence of date, place, and person, now added by the complaints, might have had little weight; perhaps they might have obsequiously convicted the Zetland witnesses against Lawrence Bruce, of Conspiracy against “that worthy man.”

GLOSSARY OF UNUSUAL WORDS.

AL-THING, see THING.

ANGEL, An English gold coin = 10s. sterling.

ARFF, AYRFFE, N. ERFFD, _hereditas_, _heredium_, Heritage, succession.

AYNING, N. EIGN, _possessio_, The Ownership of an Odaller.

BABIE, BAWBEE, A coin = 1/2d. sterling, but varying from 3d. to 6d.
Scots.

BAILLIE, An official appointed by the Donatary to perform the
functions of the ancient Under-fowd, especially in guarding the
interests of the Crown.

BALLIATUS, A parochial assessment for the Baillie’s salary, in
addition to the ancient WATTEL, appropriated by the Donatary.

BARREL, N. BARIEL, A measure of quantity = 15 Lispunds.

BERE, _hordeum hexastichon_, A species of Barley, of six rows of
grains.

BERE PUNDLAR, see PUNDAR.

BOLMAN, N. BU-MADR, _rusticus_, _inquilinus_, A husbandman, a yearly
tenant or tenant at will.

BONDER, N. BONDI, BONDE, _paterfamilias_, _colonus_, An Odaller.

BORD-LAND, N. BORD, _mensa_, _cibus_, The guest quarters of the King
or Jarl, and therefore exempt from skatt.

BOTA-MALI, (N.) Offences expiable by compensation or damages to the
injured party, or by Mulcts shared between him and the Crown,
which derived no small part of its revenue from this source and
from the OBOTA-MALI (_quod vide_).

BULL, N. BOL, BU, _prædium nobile_, The principal farm of the
ODALSJORD; sometimes called HEAD BULL, N. HOFD-BU, or CHEMISPLACE,
Dan. HJEMS, _domus_.

CAN, N. KANNA, A measure = 1/45 of a Barrel.

CHETTRY, Revenue arising from the Scottish Casualty of Escheit.

COMMONTY. Each TUN possessed its own SŒTTUR or Infield Common; each
Skat-hald or Hrepp, its HAGI or Hill Pasture, shared exclusively
by the HREPPISMEN of its TUNS; and each HERAD its MOAR, common to
every HREPP and TUN of that VARD THING, but to none else.

COST, Grain Rent, generally commuted at ⅓ of Meal and ⅔ of Malt or of
raw grain.

CUTTEL, ELL, N. ALIN, _ulna_, A measuring rod of the length of a
Scottish Ell, used in Zetland as the fundamental unit of Length
and of Valuation. A Cuttel of Wadmæl long bore a Standard value of
6d. Scots—6 cuttels being equal to an EYRIE or “Ure” of Valuation;
20 Cuttels = to a sheep, and six score or a “Large Hundred” to an
ox. The value of the cuttel was raised to 2 shillings by Earl
Robert.

DOLLAR, A silver coin = 50d. sterling, but varying from 30s. to 40s.
Scots.

DOMERA, DOMERAL, N. DOM-ROF, _mulcta eorum qui judicia contemnunt_, A
fine for contempt of court.

DONATARY, A grantee of the Crown’s Skatts, Males, and Duties.

EYSTERCOP, AUSTERCUP, N. EY-SETTR-KAUP, _merces insulæ conducendæ_, A
fine paid every third year at each renewal of the Tack or Setting
of the smaller islets—afterwards assumed to be equivalent to the
Scottish _Grassum_; and still later both burdens were sometimes
exacted in Zetland.

FATGUDE, a term used in Zetland for the Butter or Oil paid to the
Donatary.

FLESH, Rent paid in Cattle, generally estimated by Weight, 15 MEILS =
an ox, 10 MEILS = a cow, 4 MEILS = a sheep. But this valuation
rose and fell according to the caprice of the Donatary.

FLORIN OF THE RHINE, A German gold coin = 2 dollars, also a Money of
account = 100d. sterling.

FORCOP, N. THING-FÖR-KAUP, _itineris forensis merces_, The Lawman’s
salary for the Thing circuits; afterwards charged by the Donatary,
first against the Crown, and again against the parishes on various
pretexts, sometimes of Odal usage, sometimes of feudal claim; but
according to Dufresne, “FORCAPIUM, _Exactio, Tributum haud
debitum, per vim et contra jus captum._”

FOUD, N. FOGETI, Dan. FOGUD, _quæstor Regius_, Collector of the King’s
Skatt, Skyllds, Mulcts, etc., afterwards Chief Judge, and
ultimately Sheriff of the Foudries of Zetland.

GARTH, N. GARDR, _prædium nobile_, A portion of Odalsjord.

GŒDINGR (N.) _Locuples_—GOFUGR, _nobilis, venerandus_—HOFDINGR,
_procer, magnas_, terms applied in the Sagas to the Odaller,
expressive of his superior wealth, dignity, and powers.

GRANDRIE, GRANDORIE, N. GRAND-ROF, _noxarum castigatio_, A septennial
Court to abate nuisances and punish local abuses.

GUDLING, GULLION, A measure of quantity = 6 cuttels, or ⅒ of a pack of
Wadmæl, but afterwards raised to 8 cuttels.

GUEST-QUARTERS, The occasional residence of the King or Jarl as guest
of the HUSBONDI, whose BORDLAND was exempt from Skatt on that
account.

HAGI, (N.) Dan. GRASMARK, _pascua_, Hill pasture, common to a TUN
HOG-LEAVE, N. HAGA-LEYFI, _permissio pascuendi_—HAG-RA, _facultas
pascuendi_—RIDING THE HAGRA, perambulation of the Marches of the
HAGI.

HAWK-HENS, A general parochial burden of “poultry to feed the King’s
falcons” taken in the islands; first exacted by Bishop William
Tulloch (in addition to the new Scottish burden of Kanefowls,
exigible from tenants only), and still occasionally demanded by
the Queen’s Falconer.

HERAD, (N.) _districtus montibus et mari terminatus_, A district
containing several Hrepps or Skathalds, with their several Tuns or
Rooms, and a MOAR common to them all.

HIRDMAN, (N.) _Miles, aulicus_. HIRDMAN STANE, N. HIRDMAN STEFN,
_congressus militum_.

HOMER, HOEMOTHER, Sunfish, or Basking Shark.

HREPP, (N.) _tribus_, The Community of HREPPMEN, or Skatt brethren
possessing a SKATHALD, with common pasture in the MOAR, and a
share of the Tulberskatt exacted from intruders not entitled to
pasture there.

HUSS-BONDI, (N.) _paterfamilias_—HUSS-KARL, _domesticus, operarius_.

JOL, (N.) _natalitia Christi, initium Aquarii_, Yule or Christmas.

LANDSETTERCOP, N. LAND-SETTR KAUP, _merces conductionis_, A fee or
fine on letting or reletting a farm.

LANDSKYLD, Dan. LAND-SKYLLD, N. LAND-SKULLD, Scot. Landmale, _debitum
quod locator fundi debet domino præstare, locarium, redditus
prædianus_, The rent of a farm.

LAST, N. LÆST, _mensura oneris nautici_, A measure = 12 Barrels; also
a weight = 24 Meils.

LAW-BOOK, N. LÖG-BOK, _codex legum_, Book of Laws.

LAWMAN, N. LÖG-MADR, _nomophylax_, The President of the Althing,
Keeper and Expounder of the Law-book, and Chief Judge of Orkney,
anciently paid by the assessment of FÖRKAUP, and afterwards by the
Scottish Government, and ultimately abolished or merged in the
office of Sheriff.

LAWRIGHTMAN, N. LÖG-RETTA-MADR, _scabinus_, An Official chosen by the
Vard-Thing, and charged with the custody and application of the
Standards of Weight and Measure, and the general interests of the
Herad or Parish, especially in the Law-thing, where he acted as
Assessor of the Lawman or Foud. The name was latterly given to the
inferior local umpires of minor questions of Scandal, Marches, or
breaches of the Sheep Acts, more correctly called RANCELMEN.

LÆANGER, N. LEDANGR, _contributio in præsidium patriæ_, A Tax paid in
Zetland.

LEIGUMADR, (N.) _conductor prædii_, A Tenant farmer under a formal
Tack of Assedation, generally for three years, but renewable on
payment of Grassum, LANDSETTR or EYSETTR-COP.

LISPUND, LESPUND, LESCHPUND (idem ac SETTEEN q. vide), A Weight = 24
Marks, or ⅙ of a Meil, or 1/15 of a Barrel; gradually raised by
the donataries from 12 to 18 ℔ Scots measure.

MARK, N. MÖRK, _bes, sonulibru, octo unciæ_, A weight = 8 ounces or
1/24 of a Lispund or Setteen, gradually raised to 20 ounces; also
a Land-Measure, not of extent, but of valuation proportioned to
the taxation, and regulating both rights and burdens.

MEIL, N. MÆLIR, A Weight = 6 Lespunds, or 1/24 of a Last.

MERK, A Scottish coin = 13s. 4d. or ⅔ of a Pound Scots.

MŒLISCOP, A local Land-measure = ⅙ of a pennyland.

MUIR, Islandic MOAR, _ericetum_, Heath pasture, common to all the
Skathalds and Hrepps of a Herad.

MUIR STANE, N. MOAR STENN, The idol, afterwards (till lately) the
THINGSTOD of a HERAD, or Vard-Thing.

NOBLE, ANGEL-NOBLE, An English gold coin = 10 shillings sterling.

NONENTRY, A Scottish Feudal casualty.

O-BOTA-MALI, (N.) _crimen ære non expiabile_, Crime inferring death,
exile, or forfeiture to the King.

ODAL, N. ODAL, _allodium, prædium hereditarium_, The estate of an
Odaller; quasi ODH-AL _plena possessio_.

ODAL-BORN, N. ODAL-BORINN, _natus ad heredium avitum, viz., rectâ
lineâ a primo occupante_.

ODALRED, N. ODH-AL-RÆDI, _jus plenæ possessionis a primo occupante_.

ODALLER, ODALSMADR, _dominus allodialis_, The Free possessor of an
Odalsjord.

ODALSJORD, (N.) _prædium hereditarium_.

OX-MONEY and SHEEP-MONEY, Exactions in Zetland, grounded upon the
provisions furnished to Bothwell.

PACK, N. PACKI, A quantity of Wadmæl = 10 Gudlings.

PLOWK, Scot. A plug or pin.

PUNDLAR, N. PUNDARI, _statera_, An instrument of Weight of two kinds,
viz., the Malt-pundlar for Lispunds, Meils, and Lasts of Malt—1
Last = 24 Meils = 144 Lispunds; and the Bere-pundlar for Bere
only, but estimating the Last as containing 36 Meils, or one-third
more than the Malt-pundlar, according to a conventional proportion
of raw to dried grain.

PURPRESION, PURPRESTURE, A feudal casualty of forfeiture or fine for
encroachment on the rights of the Overlord.

QUOY, N. QUI, _area circumsepta_, An enclosure.

RENTALS OF ORKNEY, Records of the Odaller’s Skatts, Tenants’ Males,
Vassal’s Feu-duties, and Parish burdens, chargeable by the
Donatary or Chamberlain.

ROOM, N. RUM, _locus_, The same in Zetland as TUN in Orkney.

ROTHE, ROYTH, N. RŒDI, _dispensatio rei œconomicæ_, The Odaller’s
Conditions and Rights as master of his own house—ROITHISMEN and
ROTHISMEN’S SONS, Odallers and Odalborn.

SAMYNG, N. SŒMD, _honos, decus_, An Odaller’s Rank and Dignity as a
free-born Thingman.

SCHYND, SCHOIND, SCHOWND, N. SKYND, Dan. SKJON, _ratio_, An Inquest of
Thingmen to examine, sanction, and confirm all procedure
respecting the Succession, Impignoration, or Alienation of
Heritage; anciently by a _vivâ voce_ doom, but frequently (after
the accession of the Scottish Jarls) by a SKYND-BREF or “Schynd
Bill.”

SCOULDING, N. SKULLD, _debitum, crimen, mulcta_, A Thing for civil
debts, damages, and fines for minor offences.

SET, N. SETTR, _pactio_, An agreement, the letting of land.

SETTEEN, SETTING, N. SETTUNGR, _sextans_, A weight = 24 marks, or ⅙ of
a Meil, _idem ac_ LISPUND _et_ SPAN.

SETTER, N. SŒTTUR, The infield pasture of a TUN.

SKAT, N. SKATTR, _vectigal, tributum_, The Tax upon all land occupied
by Odal-red, for the support of the Crown, and expense of
government—SKATT-BRETHREN, N. SKAT-BRŒDIR, Members of the same
Skathald, called also HREPPISMEN—SKAT-FAL, (N.) Failure for two
years to pay Skatt, punished by confiscation, unless
redeemed—SKATTALD, N. SKAT-HALD, A district or HREPP containing
several TUNS or ROOMS, with an exclusive HAGI, and a share in the
MOAR of the HERAD.

SKYLD, LAND-SKYLD, Dan. LAND-SKYLD, A Tenant’s Rent, as opposed to
SKATTR, Odaller’s Tax.

SKYLLING or QUHYT, A Danish coin = 1½d. Scots, afterwards raised to
6d. by Earl Robert.

SPAN, idem ac LESPUND.

STEFN, (N.) _citatio_, A Summons, afterwards a Court or Assembly.

STEMBOD, N. STEFN-BOD, _signum citationis_, A symbol of citation,
being a Staff for ordinary Meetings, an Arrow for matters of
urgency or haste, an Axe for a Court of Justice, and a Cross for
Ecclesiastical or Religious affairs.

STENT, N. STEND, _stare, equivalere_, The amount of Butter Skatt
legally due by each ODAL-TUN.

TACK, A Lease of a farm, sometimes of a considerable district, or
sometimes even of the whole Earldom, or Bishopric—TACKSMAN, the
holder of such a lease. The term is generally applied to the
Farmers of the Crown Rents and Revenues.

THING, (N.) _comitia_, An Assembly, Parliament, or Court of Freemen.

AL-THING, _forum universale_, A general Assemblage of all
Free-men.

HERADS-THING or STEFN, A district Meeting of HERADSMEN.

HIRDMANS-THING or STEFN, A Council of Warriors.

HOF-THING, _consultatio de rebus sacris_.

HUSS-THING, _consultatio de rebus domesticis_.

LAW-THING, A Court of Law—LEIDAR-THING, A War Council.

VARD-THING, HREPPAMOT or HREPPA STEFN, An Assembly of the
Skatt-brethren of a Hrepp or Skathald.

THING-STOD (N.) _locus comitiorum_.

THRÆLL, (N.) _servus_, A slave.

TOFT, N. TOMT, _area domus vacua_, Land once tilled but abandoned.

TOWN, N. TUN, _viridarium, pratum_, The original ODALSJORD of a Primal
Occupant or LAND-NAMA-MADR, possessing its own exclusive SŒTTUR, a
share of the HAGI, and rights of commonty in the MOAR.

TUMALE, Scot., Land enclosed from the common pasture, and tilled; but
not included in the original ODAL-TUN.

TULBERSKATT, N. TOLD-BŒR-SKATT, A fine or rent exacted by the
Vard-Thing from unentitled intruders on the MOAR of its HERAD.

TUN-GARDR, (N.) _sepimentum viridarii_, Hill-dyke.

UMBOTHSMAN, N. UMBODS MADR, _procurator, mandatarius_, An agent,
procurator, for-Speaker, or advocate.

UNDER-FOUD, An Official in every parish of Zetland, with local duties
and powers similar to those of the Head Foud, especially in
representing and watching the interest of the Government, latterly
superseded by the _Bailie_.

URE ORE, N. EYRIR, _uncia_, An ounce, the fundamental unit of all
Orkneyan mensuration, being 1/8th of a Mark. URISLAND, A
denomination of Land Value = 1/8th of a Mark of Land, or 18
pennylands.

VATN, (N.) _aqua, lacus_.

VIKINGR, (N.) _pirata_. VIKING (N.) _piratica_. HAUST- or VOR-VIKING,
an Autumnal or Spring expedition.

VŒ-BOND, (N.) _sepimentum dicasterii_, tutela pacis publicæ, Anciently
the cord which encircled the Thing-stod, and the rupture of which
dissolved the meeting—from its peculiar sanctity it came to
signify an Asylum or Sanctuary.

VŒRINGR, (N.) _miles Nordmannus Imperatoris Græci_.

WARD HILL, WART HILL, N. VARDI, _strues lapidum_, The hill on which
the beacon was lighted to give warning of approaching danger.

WATTEL, WATTLE, N. VOTTR-TEL, _testes numerare_, The ancient
assessment for the salary of the Under-foud for summing up the
evidence at the VARD-THING, afterwards a perquisite of the
Baillie, in addition to the Balliatus.

ZOPINDALE, YOWPINDAL, A silver coin = 15 shillings Scots in 1541, but
raised by Earl Robert to 20 shillings in 1572.

ZOWISWORTH, YOWISWORTH, COWSWORTH, a proportion of Odal-land = 1/10th
of a pennyland.

ERRATA.

In the TABLE OF CONTENTS, after “APPENDIX,” add “and GLOSSARY OF
UNUSUAL WORDS.”

In the Introduction—

P. xix, line 7, for “LEIGN-MADR,” read “LEIGU-MADR.”

P. xxxv, line 10, for “Leign-men,” read “Leigu-men.”

P. xli, line 3, _dele_ the comma after “rights,” and read “of rights
Odal.”

P. xli, line 8, _dele_ the comma after “casualty.”

P. xli, line 28, for “the Crown,” read “the Crown-lands.”

P. xliii, line 21, for “Few,” read “Feu.”

P. 8, line 21, for “In stopping of all ferries of the country, to
transport sic as he pleased, to stop and” &c., read “In
stopping of all ferries of the country to transport sic as he
pleased to stop, and” &c.

P. 10, line 4, for “countryman,” read “countrymen.”

P. 16, line 2, for “office be himselff,” read “office, he himselff.”

P. 34, line 5, for “wadwell,” read “wadmell.”

P. 38, lines 19, 20, 21, 24,│ ... 46, line 7, │ ... 58, lines 23, 27, │ ... 59, line 29, │for “babeis,” read “s.” a contraction for │ shillings. ... 60, line 13, │ ... 62, line 11. │ ... 70, line 11, and │ ... 88, line 5, │

P. 77, lines 7, 25, for “reddendo,” read “reddens.”

THE END.

------------------------------------------------------------------------

TRANSCRIBER’S NOTES

1. P. 130, made all corrections noted in the Errata. 2. P. 28, changed “elder and zounger” to “elder and younger”. 3. Silently corrected typographical errors in punctuation. 4. Retained anachronistic, non-standard, and uncertain spellings as printed. 5. Enclosed italics font in _underscores_.