Part 16

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.”