Orkney and Shetland

by John George Flett Moodie Heddle; T. Mainland

St Magnus’ Cathedral, Kirkwall, from South-East

Tankerness House and St Magnus’ Cathedral

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.