For some years Lord Robert superintended the fleecing of the Islands

from the ancient Episcopal Palace of Kirkwall or from his lodge at

Dynrostness; but as a local habitation for his full-grown greatness, he

created at Birsa, the seat of the old Orkneyan Jarls, a large baronial

domain by special extirpation of the Odallers, and there, by the forced

labours of the natives, “without meat, drink or wages,” he built a

palace after the manner of Falkland, and inscribed it:

“=DOMINUS ROBERTUS STEWARTUS FILIUS JACOBI QUINTI REX SCOTORUM HOC OPUS

INSTRUXIT.=”

His vanity was mimicked at a humble distance by his brother and

villanous instrument, Cultmalindy, in his Zetland Castle of Muness, with

a doggrel motto of equal self-complacency—

“List ye to knaw this building wha began—

Laurence the Bruce he was that worthy man,

Quha ernestlie his ayres and afspring prayis

To help and not to hurt this wark alwayis.”

The ambition which is the infirmity of the noble, sometimes gives

boldness to the weak. To exchange the dependent and precarious

Possession of the Islands for Sovereignty, and restore in his own family

the ancient Jarldom, protected but not controlled by a nominal

dependence on a weak and distant Suzerain, was a prospect which might

almost have tempted a wiser, and excused a better man; and in 1572, Lord

Robert had made some progress in treason. The chances of success

warranted the risk. He was in possession of the field—besides a

considerable force of soldiers, he was sure of the support of a crowd of

followers and adventurers, dependent for their all on his favour and

success, and might even win the Islanders themselves to a war with

Scotland, by a pledge to restore those native laws and liberties, to the

abrogation of which they traced every grievance. On the other hand, the

Scottish King was an infant of five years old; the Government

precarious; the nation weakened and distracted by civil feuds; the only

power that could be sent against him, some one of the northern nobles,

all of dubious loyalty; and only one generation had passed since Orkney

had defied and defeated the whole available force of Scotland. Denmark

was as willing to countenance as Scotland was weak to oppose his

designs; and Lord Robert had every reason to hope that the revolution

would be effected by pens and treaties, not by swords and battles, if

his secret could be kept within his circle of stormy seas, prohibited

firths and guarded ferries.

But after all his precautions, one postern of his jealous fortress was

open, unguarded, and not commanded by himself. The larger Feudatories of

the Kirklands, Balfour of Munquhany, Bellenden and Mudy, owed him no

allegiance, and resented restrictions and encroachments from which they

suffered as well as the Odallers. It was probably by their influence

that the Articles of Indictment against the public enemy were enabled to

reach the ear of Morton the Regent. Heavy as was this catalogue of

oppressions, and those detailed in the Complaints of Sinclair of Aith

and other Zetlanders, they would probably have failed to rouse the

attention of the Scottish Government, had not Lord Robert’s dangerous

and treasonable practices with Denmark awakened the Regent’s cupidity by

the hopes of a profitable composition, or still more lucrative

confiscation of his grant and plunder. But the criminal was now summoned

to answer for his crimes, and warded in the Castle of Edinburgh, while

by Royal proclamation (31st January 1575–6), the ferries and Firth were

freed from his illegal restrictions; and during that year, a flood of

complaints and evidence from natives and Strangers poured in against

him. A Commission was issued (9th November 1576) to Mudy, the former

Chamberlain of Orkney, and Henderson, one of the King’s Pursuivants, to

examine witnesses on the spot as to his oppressions; and having finished

this portion of their examination during the month of February 1576–7,

they were further commissioned (24th April 1577) to inquire into the

charges of high treason, and it was only under a heavy Bailbond of

£10,000 by Lord Lyndsay, that Lord Robert was (5th August) removed from

the Castle of Edinburgh to a less strait prison in Linlithgow Palace. It

is easier to guess than to trace the secret influences by which he

escaped from such overwhelming evidence of treason and crime. Morton,

his enemy, was tottering to his fall—his friends Argyle and Lyndsay,

were rising into power and favour. On 30th January 1578–9, he was

allowed to revisit Orkney to prepare his defence, under heavy bail to

return for trial on 30th September, but no trial ensued; he probably

compounded for his head with his estate—his bailbond was cancelled by a

Royal Warrant, and the whole parade of Commissions and probations ended

in a temporary suspension of his powers in Orkney, without restitution

or redress to the aggrieved Odallers, who were again abandoned to the

ordinary misrule of the local collectors.

In the meantime, the Crown had given every encouragement to Scottish

settlers in Orkney by large and liberal feus of Kirklands and Earldom

(without any scrupulous reservation of Odal rights which might be

involved in the grants), on a Reddendo of the accumulated burdens

“according to the Rentale,” but often at a commutation temptingly

illusory. On the disgrace of Lord Robert, it seems to have been designed

to lure the Odallers, by similar terms, to accept of feudal confirmation

of their rights; for such a charter was granted to William Sinclair of

the (5th March 1578–9), for the expressed purpose, “_dare inhabitantibus

intra dictas patrias de Orkney et Shetland, bonam occasionem et exemplum

cognoscere et accipere suas securitates de nobis in simili modo_.” But

either the Odallers were jealous of such security—the Court unwilling to

spoil so promising a field of plunder—or Lord Robert had already

exhausted it by his exactions, suits and escheits; for few or none of

the Odal lands were at this time feued according to the Rentale.

On 18th January 1581, we find Lord Robert engaged in the congenial work

of safely insulting a fallen foe, and paying court to a rising

favourite, by assisting to convey the ex-Regent to his prison at

Dumbarton—and on 28th October 1581 he had his reward in a new

confirmation of his former grant of Orkney and Zetland erected into an

Earldom, with all those additional powers of Justiciary, Admiralty, &c.,

which he had been formerly charged with usurping without a warrant, and

(9th June 1585) another confirmation of the transaction with Bishop

Adam. Armed with these despotic powers, he returned to Orkney to

practise the lesson of his late escape, by finding some safer mode of

possessing himself of the Odal lands than the casualties and escheits of

a feudal Superior. In the quaint language of Bishop Graham, “Erle Robert

obteynit a feu of Orkney and Shetland, and yairupone intendit to stres

the Udillaris and augment a rental on these thair landis. He ceasit fra

it and found out ane uthir way to doe his turne. He was abbot of

Halyroodhouse, and Adame Bothwell then Bischope of Orknay. They made ane

excambione, and Erle Robert in these dayis was Bischope _in omnibus_,

and set his Rentale of teynds upon these Vdillandis above the availe,

yea triple above the availe.” As Justiciar he had instituted courts of

Perambulation to examine all titles in the Islands, and reduce all which

seemed feudally defective, including many Odal lands and undocumented

accessories, such as Quoys, Commons, &c., the use of which he punished

as encroachment on the rights of Crown or Mitre, united in himself. As

Bishop _in commendam_, he was titular of all teynds, untrammelled by any

fixed standard of collection, commutation or proportion, and thus he

menaced the harassed Odallers on all sides, till they gave up the

contest in despair. He set or feued the vacant lands to his own

dependents—but cultivation ceased, and the lessened produce warned him

that it was not his interest to pauperize or depopulate the Islands, and

he retraced his steps. Perhaps the change was but the completion of his

scheme for driving the Odallers into feudalism, and giving the sanction

of a new bargain to his multiplied and aggravated exactions. The

Perambulations being no longer useful, were abolished as illegal, and he

made a merit of renouncing the lands and pertinents of every Odaller who

should accept, in confirmation of his right, a feudal grant, paying

therefor all the accumulated burdens of Skatt, teind, &c., according to

the Rentale. So effectually had Earl Robert _stressed_ them, that most

of them accepted such feudal investitures, and the few who adhered to

their Odal tenure, had henceforth neither rights to defend, strength to

resist, nor wealth to tempt cupidity.

But the very profits of such rapacity at once prompted and justified the

resumption of a Grant so valuable and so abused. The Crown’s revenue

from the Orkneys had risen progressively within a century, from Lord

Sinclair’s Tack duty of £366, to Oliver Sinclair’s of £2000, which also

continued to be Lord Robert’s Feu-duty; but the Crown was too poor to

give away such an appanage without a larger share of the profits, and

James VI. on his majority, resolved to add to his revenue by resuming

the Islands, and to his popularity by affecting to commiserate their

misrule. By three Acts of Revocation, Annexation, and Dissolution (29th

July 1587), he annexed the Bishopric to the Crown, resumed the Earldom,

and re-granted it at a Duty of £4000 to his Chancellor Maitland and

Justice-Clerk Bellenden, whom (16th December) he commissioned to inquire

into the oppressions of “Lord Robert Stewart, lait Erle of Orknay.”

The result of their inquiry is not recorded, and it was probably dropped

when it had served its purpose of cloaking the transfer of a lucrative

grant from one courtier to another. There was probably as little

sincerity of motive in the renunciation of it by the new Donataries,

whose character forbids us to believe that they were sufferers from an

honest system of fair dealing with the natives. Probably their two

years’ experiment proved, that such a complex machinery of extortion

could only be kept in working order by the master hand of Lord Robert,

and to him, at a diminished duty of £2075, it was again committed by a

new charter (1st April 1589), renewed to him and his heir (11th March,

1591–2), and ratified by Parliament, to Patrick, Master of Orkney (5th

June) when Earl Robert had passed to his account—a master in the art of

extortion under colour of law.

In a quarter of a century he had raised his revenue from the Crown

estate from £6366, 10s. to £9016, and that of the Bishopric from £4381,

2s. 6d. to £9000, at conversions which doubled the total burden of

Orkney, besides what he could extract from the scatholds, rocks, and

seas of Zetland, and a large income from customs, tolls, wrecks, fines,

grassums, and other sources, which could not safely or conveniently be

entered in the rental. But this enormous increase of revenue bespoke no

improvement of the wealth or resources of the Islands. Their whole legal

burden at the Impignoration had been under £600, and the large balance

of produce was the lawful property of the Odallers or tenants. This

increase of rental, therefore, was but the stealthy transfer of this

balance from the subject to the ruler, even to the point of

confiscation, with a minimum of bare subsistence to the Ryot

cultivator—skatts, males and duties, were aggravated in weight, measure

and value, till the land could no longer produce enough to pay them, and

exorbitant conversions were charged for each deficiency, till the

accumulated debt gave pretext for seizure and eviction. The modern

improver of the waste finds in every furrow the traces of an earlier

tillage and the homes of a dense population; and contemporary rentals

testify, that even while the Donatary was exulting in such universal

appropriation, whole Districts, once tilled and enclosed, had been again

abandoned to the rush, the heather, or the sand flood, overwhelmed by

his new and intolerable burdens.

If any thing could have made more bitter the Orkneyan’s sense of

oppression, it must have been the baseness of the oppressor. Unlike his

brother Moray, whose public aims were lofty, and whose private life was

decorous, Earl Robert crawled and wriggled through desperate mazes of

legal difficulty, and through political storms which swept away

contemporaries more daring or less cowardly—his highest aim to steal

estates for his bastards, his boldest achievement to _stress_ an

Odaller. Both Earls were reputed sons of James V., but Moray’s mother

was the dark proud lady of Lochleven—the dam of Lord Robert, after his

birth, found a fitting mate in the Guidman of Cultmalindy, and in their

son, Lawrence Bruce, we find the worthy brother and accomplice of Earl

Robert, and with poetical justice, the victim of his successor. The

structure of his fortunes, reared by the Earl—wrong upon wrong, iniquity

upon iniquity—out of the ruins of hundreds, in twenty years of cool,

cautious, calculating system, was overthrown as speedily by the

spendthrift folly of a son worthy of such a father, the heir of all his

vices, with superadded contrasts of his own—crafty but headstrong—mean

but vain—rapacious but extravagant—luxurious but cruel to ferocity—an

unjust judge, an imperious ruler, and a traitorous subject—a faithless

husband and a heartless parent; but relieving the darkness of his

father’s memory by the deeper detestation of his own.

Earl Patrick succeeded to a fair inheritance, however heavily the

malison of a plundered people might lie upon his father’s soul. Within

the bounds of Orkney and Zetland the King was a name and not a power. As

Justiciar and Admiral, Donatary of the Crown Duties, Skatts, Males, and

Grassums, Tolls and Customs, Feuar of the Earldom, and Commendator of

the Bishopric, the Earl was master of all by land or sea. To an income

of about £56,000 (equal to the Royal Pension which nearly provoked a war

between James of Scotland and the stingy vixen of England), he added the

jointure of a wealthy bride, the widow of Sir Lewis Bellenden, his

father’s enemy; but all was not sufficient for his expenditure. His new

palace in Kirkwall, and Castle at Scalloway, were reared by the same

cheap oppression as his father’s residences of Birsa and Dunrossness;

but the lavish maintenance of four such establishments, his life of

riot, his retinue, body guard and trumpeters, and other affectations of

Sovereign state—his petty suits and petty wars, with damages and loss in

both, and his desperate struggles to support or redeem his credit at the

Scottish Court, plunged him into debts and difficulties inextricable

unless he could find another fortune where his father had found it.

There was not much to glean after the sweeping harvest of Earl Robert;

but if necessity could invent few new forms of exaction, it could

augment the old. His favourite adviser Harry Colville, the titular

Parson of Orphir, had been hunted by wild justice to a savage death on

the Noup of Nesting (1596), but the obsequious ingenuity of Dishington,

the Sheriff and Commissary, might suggest new bargains of convenient

dubiety, or discover some flaw or overlooked advantage in bygone

transactions. Higher land males and grassums were demanded from tenants

and tacksmen—Teinds were arbitrarily raised, or so collected, that all

were glad to compound or redeem at his own terms—Burdens already

commuted and paid under the general name of Feu-duties, were reimposed

and superadded to the amount of composition—Owners of Odal lands had

incurred non-entry or purpresture—the native Odaller, in unwitting

ignorance of casualties whose very names were new to him—Scottish

purchasers, like Lawrence Bruce and his co-Supplicants, in blind trust

of the Odal immunities which he had assisted to annul. The Earl

threatened both with fines or confiscation; and if we smile to find

Lawrence Bruce, in the disguise of an Odaller, pleading for Odal rights,

in total ignorance of Odal terms or traditions, and complaining of

falsehood, meanness, and tyranny so like his own, we can neither wonder

nor regret that such a representation did not avert the fate which he

deprecated. By a stringent exercise of his powers under the new

ratification by Parliament (5th June 1592), the Earl brought into his

mercy the Odallers, real and pretended; but fearing the consequences to

himself of excessive depopulation, he consented to suspend the dreaded

casualties, and renew the tenures by a mutual recognition as Superior

and Vassal. _The Uthell Buik of Orkney_ (16th March 1601–2) records

every Odal land as “feuit to the Udallers paying their Scatts and

Dewties according to the Rentale, with dew service usit and wount”—and

how profitable these new bargains were to the Earl’s revenue, is shown

by the important “Rentale pro Rege et Episcopo,” compiled about this

time by Dishington.

By the subserviency of the Sheriff and his subordinate staff of Things

(no longer composed of Odallers, but of Servants and Tenants), and by

the abuse or perversion of the Law Book, the Justiciar had no difficulty

in multiplying enactments, penalties and convictions for the most

trivial causes or impossible crimes. If evidence was insufficient, and

bodily torture had failed, confession was extorted by the agonies of the

victim’s dearest objects of affection, and the judicial murder was

consummated by gibbet, fire or water, on Thieves holm, or before the

window of the Earl’s hall. Confiscation for his benefit was the object

and consequence of every such conviction, and the Law Book when it had

served, and could no longer serve his purpose, disappeared for ever. His

droits and jurisdiction as Admiral were made equally profitable by means

equally nefarious. As Patron he appropriated all vacant benefices, or

sold them to his dependents, and as Lord Paramount, he claimed the sole

disposal of the commons, harbours, ferries and fisheries, even in the

ocean, and every other right not feudally secured.

But by his assumption of a more than kingly prerogative of arbitrary and

general Taxation, to the extent of 20,000 marks in 1594, and £40,000 in

1595–6, and by the addition of a third to every Standard of weight and

measure, and consequently to every Teind and Duty, he touched the

interests, and roused the active opposition of a class less patient and

more powerful than the Odaller, whom he had learned to coerce or crush

at pleasure—the larger Feuars of the Kirk lands, the old opponents of

his father. Confident in their Island strongholds and in their Crown

Charters, titulars of their own Teinds, with independent jurisdictions

and other rights as well defined as his own, and less precarious, they

opposed his usurpations, defied his power, retorted his injuries, and

even protected his victims. One after another he had long waged against

them a desultory war of law and violence. For the siege and capture of

Noltland Castle, and imprisonment of the Laird of Monquhannie (1592),

the Court of Session had punished him with escheit and heavy damages;

and in defiance of his edicts against suing in any Court beyond the

bounds of Orkney and Zetland, Mudy of Breckness, Bellenden of Evie, the

Goodman of Eday, and even his own brothers, had carried to the Supreme

Court similar complaints with similar results; and the Earl could only

vent his rage upon the servants who had convoyed their masters beyond

reach of his jurisdiction.

He had, however, influence to obtain another renewal of his grant (1st

March 1601), with powers and rights even more extensive, and in spite of

unanswerable evidence, Court favour had quashed at least one alarming

Bill of Indictment against him (1606). But even the unjust Judges of

Scotland were at last wearied by the continual coming of Complainers of

every kind, nation and degree, and at this crisis of his fate, he

provoked another powerful enemy to join in the combined attack which

ended in his ruin.

Earl Patrick had enjoyed the temporalities of the Bishopric for many

years undisturbed, but the appointment of James Law to the long vacant

See (28th February 1605–6), alarmed him for his possession, and he

hastened to secure it by new contracts with the Bishop, sanctioned by

the King as a temporary arrangement till he should redeem the Bishopric

by a rental of £3000 in England (17th November 1606). The Earl had never

shown much regard to an obligation, and now overwhelmed with debts, and

pressed by Creditors, he was unable, if willing, to fulfil his contract.

By unpunctuality, evasion, and insolent refusals, he drove the Bishop to

throw his great talents and commanding influence into the common cause

of his many enemies, and Law’s rank and character necessarily placed him

at their head. Even the Anglo-Scottish Court of James VI. could not

resist the Bishop’s just claims, well supported charges, and

representations of treason, misrule and inhuman oppression, and on 27th

December 1608, Earl Patrick was summoned to Edinburgh, to compear on 2nd

March “to answer to the Complaintis of the puir distressed people of

Orknay.” It is possible that Bishop Law was sincere in his sympathy for

the Earl’s victims; but his Rental of 1614 is as grasping as the worst

of its predecessors, and his own day of unlimited power was marked by no

redress or relaxation of the bonds of iniquity.

Earl Patrick’s subsequent fate, his long imprisonment, his base

repudiation of the son who had risked and lost life and all to serve and

save him, and his trials and execution for treason as a subject, not for

tyranny as a ruler, have been too amply illustrated elsewhere to need

notice here. The consequent forfeiture of the Earldom and annexation of

all the lands and rights in the Islands—the excambion and redistribution

of Orkney and Zetland into Earldom, Bishopric and Lordship, and the

final abrogation of the native laws—might give interest to this Sketch,

but would extend beyond its limits of time or subject. The demands of

Denmark, and evasions of Scotland, relative to the redemption and

restitution of the Islands, would also be a curious and cognate inquiry,

which, with many others of this unexhausted theme, must be left for a

future time and another hand. Each subsequent century has had its

characteristic type of oppressors, wrongs and victims, feudal, fiscal or

judicial. By no course of action, resistance or submission, could the

Islanders escape from legalized extortion. They gave Montrose 2000 men

and £40,000, and the Commonwealth exacted 300 Horse and £60,000 (1650).

Again, they raised another Regiment and Contribution for Charles II.

(1651); and he rewarded their loyalty and their sufferings by a further

exaction of £182,000, in 1662, and then surrendered the Islands to the

tender mercies of the Earl of Morton, the worst King Stork of all the

Donataries.

Oppressions of the Sixteenth Century in the Islands of Orkney and Zetland From Original Documents · 第 4 / 14 段