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.
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, seeThing.
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 ancientWattel, 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 theObota-mali(quod vide).
BULL, N.Bol,Bu,prædium nobile, The principal farm of theOdalsjord; sometimes called HEAD BULL, N.Hofd-bu, orChemisplace, Dan.Hjems,domus.
CAN, N.Kanna, A measure =145of a Barrel.
CHETTRY, Revenue arising from the Scottish Casualty of Escheit.
COMMONTY. EachTunpossessed its ownSœtturor Infield Common; each Skat-hald or Hrepp, itsHagior Hill Pasture, shared exclusively by theHreppismenof itsTuns; and eachHeraditsMoar, common to everyHreppandTunof thatVard 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 anEyrieor “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 ScottishGrassum; 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, 15Meils= an ox, 10Meils= a cow, 4Meils= 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 theHusbondi, whoseBordlandwas exempt from Skatt on that account.
Hagi, (N.) Dan.Grasmark,pascua, Hill pasture, common to aTunHOG-LEAVE,N. Haga-leyfi,permissio pascuendi—Hag-ra,facultas pascuendi—RIDING THE HAGRA, perambulation of the Marches of theHagi.
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 aMoarcommon 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 ofHreppmen, or Skatt brethren possessing aSkathald, with common pasture in theMoar, 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 ofFörkaup, 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,LandsettrorEysettr-cop.
LISPUND, LESPUND, LESCHPUND (idem ac SETTEEN q. vide), A Weight = 24 Marks, or ⅙ of a Meil, or115of a Barrel; gradually raised by the donataries from 12 to 18 ℔ Scots measure.
MARK, N.Mörk,bes, sonulibru, octo unciæ, A weight = 8 ounces or124of 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, or124of a Last.
MERK, A Scottish coin = 13s. 4d. or ⅔ of a Pound Scots.
MŒLISCOP, A local Land-measure = ⅙ of a pennyland.
MUIR, IslandicMoar,ericetum, Heath pasture, common to all the Skathalds and Hrepps of a Herad.
MUIR STANE, N.Moar Stenn, The idol, afterwards (till lately) theThingstodof aHerad, 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; quasiOdh-alplena 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 asTunin 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 avivâ vocedoom, but frequently (after the accession of the Scottish Jarls) by aSkynd-brefor “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 acLispundetSpan.
SETTER, N.Sœttur, The infield pasture of aTun.
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 alsoHreppismen—Skat-fal, (N.) Failure for two years to pay Skatt, punished by confiscation, unless redeemed—SKATTALD, N.Skat-hald, A district orHreppcontaining severalTunsorRooms, with an exclusiveHagi, and a share in theMoarof theHerad.
SKYLD, LAND-SKYLD, Dan.Land-Skyld, A Tenant’s Rent, as opposed toSkattr, 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 eachOdal-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-ThingorStefn, A district Meeting ofHeradsmen.
Hirdmans-ThingorStefn, 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, HreppamotorHreppa 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 originalOdalsjordof a Primal Occupant orLand-nama-madr, possessing its own exclusiveSœttur, a share of theHagi, and rights of commonty in theMoar.
TUMALE, Scot., Land enclosed from the common pasture, and tilled; but not included in the originalOdal-Tun.
TULBERSKATT, N.Told-bœr-Skatt, A fine or rent exacted by the Vard-Thing from unentitled intruders on theMoarof itsHerad.
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 theBailie.
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- orVor-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 theVard-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 theTable of Contents, after “Appendix,” add “andGlossary 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,delethe comma after “rights,” and read “of rights Odal.”
P.xli, line 8,delethe 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.77, lines 7, 25, for “reddendo,” read “reddens.”
THE END.
THE END.
THE END.
TRANSCRIBER’S NOTESP.130, made all corrections noted in the Errata.P.28, changed “elder and zounger” to “elder and younger”.Silently corrected typographical errors in punctuation.Retained anachronistic, non-standard, and uncertain spellings as printed.
TRANSCRIBER’S NOTES