Part 4

Let us pause here, however, to outline the polity and state of society which had now become established in the Islands. The Orkney Jarls were not autocratic rulers. The Odallers, assembled at the _Thing_, made the laws, on the advice or with the concurrence of the Jarls, but these laws were superimposed on a body of old Norse oral laws which the settlers had brought with them from over-sea. The land law taking no account of primogeniture, the sons of an Odaller succeeded equally to his estate, and a daughter could claim half the share of a son. The eldest son, however, could claim possession of the Bu (English _by_, as in Whitby), or chief dwelling. An Odaller could not divest himself of his odal heritage, except for debt, or in security for a debt, and in such a case a right of redemption lay for all time, not only with his nearest heir, direct or collateral, but on refusal of nearer heirs to avail themselves of it, with any descendant whatsoever. Under such a system free men without landed interest actual or prospective were few, and the odal-born formed the bulk of the population. Some of the wealthier Odallers, however, possessed a limited number of thralls, and thraldom was hereditary. Land tax, or _scat_, was paid by the Odallers to the Jarl, and by the Jarl to the King, but in both cases the payment was a fiscal imposition rather than a feudal exaction, the Crown of Norway recognising the obligation of defending the Islands against outside foes in final resort. Apart from this, the overlordship of the mother-country was so slight that in the European diplomacy of the times the Jarls were treated as sovereign princes.

Thorfinn Hausacliuf died _c._ 963; and the rule of his five sons, Havard, Hlodver, Ljot, Skuli, and Arnfinn is noticeable for the first of those family feuds which form so marked a feature of the history of the Jarls. Skuli took the title of Earl of Caithness from the King of Scots, and fared against Ljot with a host provided by the King and the Scots Earl Macbeth. Ljot defeated him in the Dales of Caithness, Skuli being slain. Earl Macbeth with a second host, was in turn defeated by Ljot at Skidmoor (Skitton) in Caithness, and here Ljot fell. His other brothers having already disappeared in domestic strife, Hlodver was now left sole. He married Edna, an Irish princess, and their only son Sigurd Hlodverson, the Stout, is one of the most famous characters of the _Saga_. Succeeding his father in 980, Sigurd held Caithness by main force against the Scots. A Scots maormor, Finnleik, the father of the celebrated Macbeth, having challenged him to a pitched battle at Skidmoor by a fixed day, Sigurd took counsel of his mother, for she, as the _Saga_ says, “knew many things,” that is, by witchcraft. Edna made her son a banner “woven with mighty spells,” which would bring victory to those before whom it was borne, but death to the bearer. Armed with this uncanny device, Sigurd defeated his challenger at Skidmoor, with the loss of three standard-bearers. An incident of wider consequence, however, befell Sigurd in the year 995. Olaf Tryggvi’s son, King of Norway, came on the Jarl aboard ship in a small bay in the South Isles. The King had the superior force, and, a recent convert himself, he there and then forced christianity upon the reluctant Jarl, and laid him under an obligation to impose the faith upon the people of Orkney. The _Saga_ adds, “then all the Orkneys became christian,” and so indeed the Islands henceforth remained. Sigurd himself, however, reverted to the old gods, and in the year 1014, he joined the great Norse expedition against Brian, King of Ireland, which led to the battle of Clontarf. In that famous fight the Skidmoor banner again did service, but the spell was broken. “Hrafn the Red,” called out the Jarl after two standard-bearers had fallen, and an Icelander who knew its fatal secret had declined to touch it, “bear thou the banner.” “Bear thine own devil thyself,” rejoined Hrafn. Then the Earl said, “’Tis fittest that the beggar should bear the bag,” at the same time taking the banner from the staff and placing it under his cloak. A little after, the Earl was pierced through with a spear.

Most famous of all the Jarls in the eyes of the Norse was Thorfinn the Great, Sigurd’s son by a second marriage with a daughter of Malcolm II, King of Scots. Sigurd, however, was at first succeeded in Orkney by Brusi, Somerled, and Einar, sons of an earlier marriage, while Thorfinn, a boy of five, who had been fostered by the Scots King, was invested by his grandfather in the Earldom of Caithness and Sutherland. On attaining manhood, however, Thorfinn made good his claim to a share of Orkney also, and after many vicissitudes of fighting and friendship with his half-brothers, and with Jarl Rognvald I, Brusi’s son, was finally left sole ruler there. He extended his power far and wide over northern Scotland, controlled the Hebrides, and ruled certain parts of Ireland. He even invaded England in the absence of King Hardicanute, and, according to the _Saga_, defeated in two pitched battles the forces that opposed him. In later life Thorfinn visited Rome, and he built a minster, known as Christchurch, in Birsay, the first seat of the Bishopric of Orkney. He died in 1064. Thorfinn’s sons Paul and Erlend succeeded, and two years later shared the defeat of their suzerain King Harald Sigurdson (Hardradi) at Stamford Bridge. Returning home by grace of Harold Godwinson, the Jarls ruled in peace for some years. As their sons grew up, however, Hakon, Paul’s son, quarrelled with his cousins Erling and Magnus (the future saint), Erlend’s sons, and matters grew so unquiet that in 1098 King Magnus Barelegs sent the two Jarls prisoners to Norway, and placed his own son Sigurd over the Jarldom. On the death of King Magnus in 1106, Sigurd returned to Norway to share the vacant throne with his brothers, and the overlords restored Hakon, Paul’s son, and Magnus, Erlend’s son, to the Jarldom. Quarrels were renewed, with the final result that in the year 1116 Magnus was murdered in the island of Egilsey, where the cousins had met to discuss their differences, by the followers of Jarl Hakon, Hakon himself more than consenting. The fame of St Magnus soon spread over the whole Scandinavian world, and at an early date a church was dedicated to him even in London. Jarl Hakon, after the manner of the times, made an expiatory journey to Rome and the Holy Land, and thereafter ruled Orkney with great acceptance until his death in 1126. He was succeeded by his son Paul. While in Orkney in 1098, however, King Magnus Barelegs had married Gunnhilda, a daughter of Jarl Erlend, to a Norwegian gentleman named Kol. To their son Kali, Sigurd King of Norway now granted a half share of the Islands, with the title of Jarl, and from a fancied resemblance to Jarl Rognvald I, insisted on changing his name to Rognvald. The royal grant being strenuously opposed by Jarl Paul, Rognvald vowed that if he succeeded in making good his claim, he would erect a stone minster at Kirkwall, and dedicate it to his sainted uncle, Jarl Magnus. After many vicissitudes by sea and land, Rognvald finally proved successful, and how he fulfilled his vow the Cathedral Church of St Magnus still shows. St Rognvald—for in 1192 he too was canonised—was at once the most genial and the most accomplished of the Jarls, and one of the great characters of the _Orkney Saga_. He made a famous voyage to Palestine (1152-1155), fighting, love-making, and poetising by the way. Incidental to his great struggle for power with St Rognvald, Jarl Paul had in 1137 been seized by the famous viking Swein Asleifson and carried off to Athole, where he was placed in the hands of Maddad, Earl of Athole, who had married his half-sister Margaret. The whole affair is shrouded by mystery, but Countess Margaret appears to have intrigued both with her brother and with Jarl Rognvald to have her son Harald, a boy of three, conjoined with Rognvald in the Jarldom. In the sequel Jarl Paul mysteriously disappears, murdered, according to one account, at the instigation of the Countess; and in 1139 Jarl Rognvald accepted the young Harald Maddadson as his partner. With occasional intervals of friction this somewhat oddly assorted pair ruled together until 1159, when the checkered career of the genial and many-sided St Rognvald was closed by his assassination in a personal quarrel in Caithness. Thereafter Harald ruled the Islands alone until his death in 1206. A powerful and overbearing man, he quarrelled with John, Bishop of Caithness, blinded the prelate and caused his tongue to be cut out; barbarities which brought King William the Lyon to the borders of Caithness with an army (1202). Harald bought off the King, and on the whole maintained his own in Caithness, although all the circumstances of the times show that a now feudalised Scotland is becoming increasingly able to reassert its authority in these northern parts. Harald got into difficulties with his Norwegian suzerain, King Sverrir, who deprived him of Shetland, which was not again conjoined with Orkney until two centuries later. Harald was succeeded by two sons, David and John, the former of whom died in 1214. Jarl John, like his father, came into conflict with the Church and with Scotland. Adam, Bishop of Caithness, successor to the mutilated Bishop John, having proved too exacting in the collection of Church dues, the laity appealed to the Jarl, who, however, declined to intervene. Whereupon the outraged laymen burnt the Bishop in a house into which they had thrust him. King Alexander II, came with an army, and not only heavily fined the Jarl, but also had the hands and feet hewn off eighty men who had been present at the Bishop’s death. Jarl John was slain in a brawl at Thurso in 1231, and, as he left no son, the line of the Norse Jarls of Orkney ended.

King Alexander II of Scotland granted the Earldom of Caithness, now finally disjoined from Sutherland, to Magnus, second son of Gilbride Earl of Angus, whose wife was a daughter or sister of the late Jarl, and Magnus was also recognised as Earl of Orkney by the King of Norway. The old Jarls had been Norse nobles who held the northern shires of Scotland more or less in defiance of the Scottish Crown, the future Earls of Orkney are great Scottish nobles holding a fief of the Crown of Norway. In consequence, an influx of Scots into the Islands now commenced, which, accelerated by their cession to Scotland in 1468, in the end was the means of transforming the Orcadians into a British community. The history of this Scoto-Norse period is obscure, the Icelandic records largely failing us, but the law of primogeniture being now tacitly applied to the succession, Earl Magnus was followed by two Earls of the name of Gilbride, and the second Gilbride by another Magnus. The latter is mentioned in the _Saga_ of King Hakon Hakonson, of Largs fame, as having accompanied the King on that expedition, after which the monarch came back to Orkney with his storm-shattered fleet, and died in the Bishop’s palace at Kirkwall on 15th December, 1263. By the treaty of Perth in 1266 Hakon’s successor, Magnus the Seventh, ceded to the Scottish Crown all the islands of the Scottish seas, except the Orkneys and Shetland, for an annual payment of 100 merks, to be paid into the hands of the Bishop of Orkney, within the church of St Magnus. Earl Magnus died in 1273, and was successively followed by his sons Magnus and John, the latter of whom, as Earl of Caithness, swore fealty to Edward I of England in 1297. In 1320, however, John’s son and successor Magnus subscribed, as Earl of Caithness and Orkney, the letter to the Pope in which the Scottish nobles asserted the independence of Scotland. This Magnus was the last of the Angus line of Earls, and was succeeded in 1321 by Malise, Earl of Stratherne, who is supposed to have married his daughter. Malise fell at Halidon Hill in 1333, and his son of the same name succeeded to the three Earldoms of Stratherne, Caithness, and Orkney. Malise II died _c._ 1350, leaving only daughters, and after an unsettled period of conflicting claims to the succession, Hakon King of Norway in 1379 finally invested Henry St. Clair of Roslin, grandson of Earl Malise I, and son-in-law of Malise II, not only in the Earldom of Orkney, but in the Lordship of Shetland also. Earl Henry made himself practically independent of Norway, and built a castle at Kirkwall in defiance of the Norwegian Crown. He was succeeded in 1400 by his son Henry, whose active and interesting career as Lord High Admiral belongs to the history of Scotland. The Earls of the Sinclair family lived with considerable state, styling themselves Princes of Orkney, and their rule was on the whole popular and fortunate; but little of outside interest took place in the Islands at this period. Scottish customs, however, and traces of Scottish feudal law were slowly encroaching on the old Norse system. Earl Henry II’s son William was the last Earl of Orkney under Scandinavian rule. By the Union of Calmar in 1397 the suzerainty of the Islands had already passed, with the crown of Norway, to the Kings of Denmark. In the years 1460-61 a series of raids were—not for the first time—made on Orkney by sea-rovers from the Hebrides, and Christian I, King of Denmark, Sweden, and Norway, failing to obtain redress from the Scottish Crown for this and other grievances, demanded the long arrears of the annual tribute payable by Scotland in respect of the Hebrides, in terms of the treaty of 1266. Charles VIII of France having been called in as arbitrator, a somewhat ugly contretemps was happily adjusted by the marriage of Christian’s daughter Margaret to the young King James III of Scotland, and by the terms of the marriage-contract the Danish monarch not only relinquished the quit-rent for the Hebrides, but agreed to pay down a dowry of 60,000 florins. As Christian was able to find only 2000 florins of this money at the time, the Orkneys and Shetland were given in pawn to the Scottish Crown until the balance should be paid, the agreement expressly stipulating for the maintenance of Norse law in the Islands meantime. This happened in 1468, and a few years later King James negotiated the surrender by Earl William St Clair of all his rights in the Islands; whereupon by Act of the Scottish Parliament the Earldom of Orkney and Lordship of Shetland were in 1471 annexed to the Scottish Crown, “nocht to be gevin away in time to cum to na persain or persains excep alenarily to ane of ye Kingis sonis of lauchful bed,” a proviso which went by the board.

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.

Although the fact had only a transient bearing on the history of the Islands, we must not fail to record that Queen Mary, on her marriage with Bothwell, in 1567, created him Duke of Orkney. After the Queen’s defeat at Carberry, Bothwell fled to the Islands, to be repulsed from Kirkwall Castle by the governor. Thence he proceeded northwards to play the pirate in Shetland, and finally to find imprisonment and death in Scandinavia. In the year 1633 the Earldom lands and rights were granted by the Crown to the Earls of Morton, one of whom sold them in 1766 to Sir Lawrence Dundas, with whose descendants, now represented by the Marquis of Zetland, they still remain.

Montrose on his way to invade Scotland in 1650, first landed in Orkney, and the major part of the force with which he met his final defeat at Carbisdale was recruited in the Islands. Under the Commonwealth Cromwell maintained a garrison at Kirkwall, and the Islanders are said to have picked up improved methods of gardening and other domestic amenities from the Ironsides. In the following century the vexed question of Stewart _versus_ Guelph brought Orkney its own share of commotion, but the details are, from an historical point of view, of purely local interest.

Of vastly wider import has been the latest appearance of the islands in the arena of history. In that great contest, the sound and fury of which has barely subsided as we write, the Royal Navy found in Scapa Flow an ideal base for the conduct of its widely-spreading operations. And if, as many skilful observers appear to hold, successful strategy at sea proved the slowly-working but inevitably certain cause of the final defeat of the foe, it is not too much to say that for four eventful years the little Archipelago, whose “rough island story” we have here told in outline, stood forth as the pivot of the world’s history and of its fate.

The dramatic death of the great Earl Kitchener in Orcadian waters, in June 1916, further riveted the attention of the modern world on a region which to its own sons has never ceased to be the haunted home of Harald the Fair-haired, Olaf Tryggvi’s son, and other sea-kings of old.

14. Antiquities

The Orkney Islands offer an especially fertile field to the archaeologist. The sites of a least 70 brochs have been located in the group, as against 75 in Shetland, 79 in Caithness, 60 in Sutherland, and some 70 in the northern Hebrides. These districts constitute the main area of the brochs, which rapidly decrease in number as one proceeds southwards, Forfarshire offering but two specimens, and Perthshire, Stirlingshire, and Berwickshire one each.

“The typical form of the broch,” says Dr Anderson, “is that of a hollow circular tower of dry-built masonry, about 60 feet in diameter and about 50 feet high. Its wall, which is about 15 feet thick, is carried up solid for about 8 feet, except where two or three oblong chambers, with rudely-vaulted roofs, are constructed in its thickness. Above the height of about 8 feet, the wall is carried up with a hollow space of about 3 feet wide between its exterior and interior shell. This hollow space at about the height of a man, is crossed horizontally by a roof of slabs, the upper surfaces of which form the floor of the space above. This is repeated at every 5 or 6 feet of its farther height. These spaces thus form horizontal galleries, separated from each other vertically by the slabs of their floors and roofs. The galleries run completely round the tower, except that they are crossed by the stair, so that each gallery opens in front of the steps, and its farther end is closed by the back of the staircase on the same level.

“The only opening in the outside of the tower is the main entrance, a narrow, tunnel-like passage 15 feet long, 5 to 6 feet in height, and rarely more than 3 feet in width, leading straight through the wall on the ground level, and often flanked on either side by guard-chambers opening into it. This gives access to the central area or courtyard of the tower, round the inner circumference of which, in different positions, are placed the entrances to the chambers on the ground-floor, and to the staircase leading to the galleries above. In its external aspect, the tower is a truncated cone of solid masonry, unpierced by any opening save the narrow doorway; while the central court presents the aspect of a circular well 30 feet in diameter bounded by a perpendicular wall 50 feet high, and presenting at intervals on the ground floor several low and narrow doorways, giving access to the chambers and stair, and above these ranges of small window-like openings rising perpendicularly over each other to admit light and air to the galleries.”

In some respects the most interesting broch site in Orkney is that at Lingrow, about two miles S.S.E. of Kirkwall. Contiguous to this building lies a perfect labyrinth of building of secondary occupation. A coin of Vespasian and two of Antoninus were found at Lingrow when the site was excavated in 1870. Another interesting specimen is that at Hoxa in South Ronaldshay. The little that remains of this building is situated on the west side of a small bight which opens northwards on Scapa Flow, and on the east side of the bight stands the site of a second broch. The two brochs together command both the bight itself and a narrow isthmus of land which connects it with Widewall Bay to the southward. Defence of the land passage between the two areas of water was obviously a prime motive of construction in this case. Other interesting specimens of brochs are at Okstro in Birsay, at Burgar in Evie, and at Burrian in North Ronaldshay; but many of the Orkney sites remain as yet unexcavated, or only tentatively explored. Stone hand-mills (querns), stone whorls and bone combs, both used in woollen weaving, stone lamps, imitated from Roman models, hair combs, and fragments of pottery are some of the articles found in the Orkney brochs, none of which now show more than a few feet of their original height.