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Home , Christian I of Denmark, Kingdom of Scotland

III. THE .DANISH CLAIMS UPON AND . BY GILBERT GOUDIE, TREASURER, S.A. SOOT.

I am aware that, in general estimation, to reopen the old question e claimoth f f Denmaro s k upo e Britisth n s e hNorti th islea f Se ho s o attempt t bu o revivift t a deay d subject. But, whatever practical value may attach to it as a question of international politics between and , its interest for students of history has not terminated s noti t ,I however. intentioy m , o argut ne questionth e . t surno emateriay m thaa an t woulI f i t o le dadvantagb islande th o et s tha statuse tth existingw quo,no s a , shoul e disturbedb d , unless every British impost were swept away, and the fiscal arrangements readjusted e systeoth n m formerly prevailing under Scandinavian rule. This, after the lapse of centuries, would, I imagine, be an impossibility. I propose, therefore treao t questioe , th t n simpl a matte s ya f historicao r l investigation, by the aid of authentic documents, from Danish and Scottish sources, never previously brought togethere samth t e A time. , thers ei DANISE TH H CLAIMS UPON ORKNE D SHETLANDYAN 7 23 .

in my own mind little dubiety as to the side of the dispute on which the equities of the case preponderate. I therefor ee lon th pas gy sb tal f oppressioo e islande th n i ns under Scottish rule e subversioth , e nativth f no e laws e impositioth , e th f o n feudal system upon the odalism of the north, the appropriation of e greateth e rlan adventurerth y par b df o t s from n shorti ; , native ruie th f th no e race. briefle m t y Le recapitulat e facteth se impignoratio oth f Scotlano nt d before introducin e originath g l materia availablw no l n evidenci e f o e the reality and persistency of the Danish claim, which Scottish historians affec regaro t t lapses da relinquished.r do 1 By the contract of marriage between King James III. of Scotland e Princesth d an s Margare f Denmarko t , date t a Copenhaged h 8t n September 1468, King Christian I. of Denmark and (then united) undertoo o providkt a dowre f 60,00yo 0 e Ehinflorinth f o es for the bride. Of these 10,000 were to be paid in cash, and the islands of Orkney were pledged remaininfoe rth g 50,000 (quinquaginta millium florenorum Rhenensium). The words of the contract are—" damus, concedimus, impignoramus, ac sub firma hypotheea et pignore imponi- mus atque hypothecamus omnes et singulas terras nostras Insularum Orcadensium, e casTh h paymen . "&c f 10,00o t 0 florins having been forthcoming to the extent only of 2000, the Danish king, on the 20th May 1469, pledged Shetland, in the same way, for the remaining 8000 e contracflorins.th n e I righth 2t f redemptioo t s nexpressli y reserved by the stipulation that, on the payment being discharged, the isles should e kingreverth f Norway—o o st t " terrse insnlarum Orchaden. regi nostro Jacobo inpignorats d Norvegisa e e Eeges revertentur.o N " limitatio e tim th s fixe ni er fo withid n whic redemptioe hth n muse b t claimed. 3 simplthe Suc impignorationeare h the fact of s , pawnor ,

e cas1eTh between this countr Denmard an y s beeha kn clearl d forciblan y y stated by my countryman, Mr Arthur Laurenson, in an article in Macmillaris Magazine, . 184No , February 1875. value 58,00e th Th 2f eo 0 florin bees ha sn compute t abouda t £24,000 sterling. The deed "Exemplum Contractus matrimonialis inter Serenissimum Scotise Bege3 m Jacobum Tertium et Serenissimam Principem Margaretham Potentissimi Principis Christian! Primi Daniie Norvegi t Swecisse e Regis filiam, gives "i fuln i l . PROCEEDING 8 SOCIETYE 23 TH F O S , APRI , 188711 L .

wadset, thed latean n a customarr y form of heritable securite th n i y law of Scotland as in that of Denmark.1 According to the continuator of , the right of redemp- s renouncetio wa nDanise th y s grandson b de hbirthi th kinf o hn go , James IV.2 Sir repeats this story of the alleged renuncia- tion as having been settled by the treaty between James IV. and King Christia . confirmenII Pope.e Georgr th Si y db 3 e Mackenzie also refero st it,4 as does Chalmers;5 and Pinkerton asserts that the right of redemp- lost.w no tio6 s i nBuchanan , confounding Orkne d Shetlanyan d with Hebridesthe , says that their cessio Scotlanto n madwas d e complete and perpetual—" Danum omn s suueju perpetuumn i m cessisse.r Si " 7 James Balfour, in his Annales, affirms that " amongst the conditions of e Danisth e s marriagth hwa king'e on e s renunciatio l righal r f o to n claim that he or his successors could claim for ever to the Isles Orcades and Zetland." 8 Better informed, Abercromby, writing at the beginning of last century, states that the islands were made over " with express provision that they should return to Norway after complete payment of the whole sum for which they were pledged;"9 but Scottish writers, as a rule, adopt the earlier misrepresentation of the facts, for which no evidence has been offered. trus i t eI thaScottise th t h crown speedil objecd an y showetm ai s it d e permanenth e b o t t possessio e islandsth o f greatS o n .jewella f o by Torffseus.—Orcades seu Serum Orcadensium Historia (Havnise, 1715), liber ii., and is transcribed in Barry's History of the Orkney Islands. 1 The Scottish wadset needs no illustration. In a paper contributed to the Society in 1879 (Proceedings, vol. xiv. p. 13), the writer gave some examples of Danish deeds of pawn of lands in Shetland. continuatioe Th 2 Bcethiuf no s byFerrerius, printe Parin di 1574n si . 388pp , , 389. The original work was brought down to the accession of James III. only. 3 Craig Feudale,s Ju , lib . diegi . . 14. 4 Mackenzie, Observations Statutes,e (editioth 4 n 23 o . f p 1716)n o . George Chalmers, Caledonia, vol. i. p. 345, note. 5 Pinkerton, , . 266 volpp ,. i .267 . 6 7 Serum Scoticarum Historia, auctore Georgio Buchanano, Scoto, apud Alexan-

drum Arbuthnetum, , 1582, liber xii. sec. xxvii. 8 Annales of Scotland, by Sir James Balfour, vol. i. p. 194. e MartialTh 9 Achievements f theo Scots Nation, e Yearth o t 1514 y Patricb , k Abercromby, Edinburgh, 1715. THE DANISH CLAIMS UPON ORKNE SHETLANDD YAN 9 23 .

their Croun thes (a y were termed man f Parliayo t yearAc - se lateth n ri readile b ment o t yt , 1669,parte no Charle 19 s . c )wa de . th withsII d an , acquisition of the ancient earldom of Orkney and Shetland from Willia t mGlairS y deeb , f excambioo d n 1471i n , gav e crownth e n a important heritable interes islande th n i ts oved abov an rtemporare eth y sovereignty conveyed by the contract of marriage. But the natives did not regard the impignoration in the same light. They still looked Norwao t e motheth s ya r country. They continue r somfo d e timo t e advocate causes, not to the courts of law in Scotland, but to courts with which they were more familiar in Norway ;1 and the native system of justiced an f w udao ,la l successio udad nan l tenur f landeo , surviven di some measure, through determined efforts at repression, for at .least a couple of hundred years later. Apart, however, frospeculationy man e merite questioth th n f so o n from the Scottish point of view, there can- be no doubt as to the attitud e f Denmarpersistenco eth e pastd th an n , i k y with whicr hhe redemptioe claith m o t e island th s f beeno ha s n asserted pointes A . d out in detail by the historian Torffaeus, formal representations by letters to the Scottish Court and to the sovereigns of and France, n moro d e an thaoccasioe non speciay b n l embassies, have been made n 1549i , 1550, 1558, 1560, 1585, 1589, 1640 d 1660 an othed , an , r intermediate years. "We shall looe historian th vain i k o t n f Scotlanso d -for accountf so these representations. It is true that no appreciable result in history followed, and there may therefore be a shade of justification for the circumstances being ignored, whether from ignoranc designby or e. There is fortunately, however, no lack of details, from Danish sources, regarding these international representations I shal d e ablb o lan t ;e show that ther alse ear o ample account e traceb o n t contemporari sd y writings preserved in this country. The Danish historian Thorrnodus Torffseus, whose great work the Orcades has already been referred to, devotes an entire chapter or book 1 See " Decree by the Lawman of , in Norway, and also by the Lawman of Shetlan theid dan r Council, reversin gSala Lanf eo thesn i d e Islands, 1485," printed e appendith n i Mackenzie'o xt s Grievances of Orkney Shetland.d an 240 PROCEEDINGS OF THE SOCIETY, APRIL 11, 1887.

questioe t oth Danise th f no h claims chaptee Th . r (liber iii. entitles )i d " Concernin e unceasinth g g e moseffortth f t o spoten t King f Deno s - mark and Norway for the pacific restitution of their rights to the Orkneyadjacene th d an st Shetland." 1 Torffseus states referencn i , o et representatione th s mad n 1560ei e 23r, th f thaOctobe o dn o t f thao r t year King Frederick the Second addressed a letter to the Government of Scotland, requestin e restitutiogth e Orkneysth f n o d offerinan , e th g redemption money e letterTh ., accordin respeco n n i to hims gt wa , special, and he therefore refrained from transcribing it. As, however, it is still preserve thin di s city (Advocates' Library, Denmylne MSS. 33, , 11) 1 s texit , t maybe given (in. translation froLatin)e mth , attention not having been previousl yn connectioi directe t i o t d n wite th h present subject:—

Frederick Second th Danese Godf y eo th b , f o , , Norwegians, Vandals, Gothsd an , King, Duk Slesvigf eo , , Stormaria Ditmarshd an , , Earl in and Delmenhorst: Greetings kind an ,d readines pleaso t s e: Mos t illustrious Princes, Cousins, and our dearest friends, it hath been told to us that between the most Christian Kin Francef youd go an r. Highnesses ,&c Scottis e th o s hd nation,an , concerning condition peacef o s t hat,i h been nearly conclude d thaan t d : for some time past, upon reconciliation being made, there hath been a cessation from arms, which vers , indeedwa y s pleasingu judgo e t , w s e,a thicommoe teno th st o dt n tranquillit e Christia peacd th y an f prae o e w nyd worlGodAn ,d: whose singular benefi reckoe granw o tt , n tbe thitha o t s t those base f peaco sw no e happily laid may sincerfird y b ,m an e concord preservee b , de mos eveth o tnt distant time. While however matters are so, we wished in a friendly way to remind your Highnesses that the Lordship of the Orkney Islands, which now for some time your natio r kingdonou holdso r t f Norway mo ou d , r an belong s Fo u . o t s illustrious predecessor, King Christian First, whe e gav nh s onl hi ey daughter Margaret in marriage to James, then King of Scots, &c. fixed part of the dowry of fifty thousand Rhenish florins d untian , l that shoul paie db e appointe dh d that the said Islands should in the meantime be retained by you in pledge,

indefessi e ."D s potentissitnorum Regum Danise Norvegiseque studii suus sju mn i 1 Orcades adjacentemque Hetlandiam pacifice repetendi." The translation of this chapter, or indeed of the whole work, would be an invaluable contribution to the histor Scotlandf yo . DANISE TH H CLAIMS UPON OEKNE SHETLANDD YAN 1 24 .

reserving, nevertheless, to himself, to us, and the other successors, kings of the , for ever, the powers of redeeming the same by the sum stated provn Thi . ca .hav o t e sw e bee agreeo e letterns th y db s executedn i that matter, and, besides, we deem it not unknown to yoiir Highnesses. But now it is of the greatest importance that these Islands be at length, after so many years,o restored thio d r t kingdomadded en se ou dan w o dt d an ; t declinno e paymen e mone ; andth e f to ,du y therefore n lovini e w ,g manner request your Highnesses that together you do your endeavour, and cause these said Islands to be delivered up and restored to us, in return for the payment of the money due, which we offer. This indeed is just, and this also would bring to pass without doubt, that the more we shall be united in nearer bounds, more soth e secure peace, alliance d good-willan , , shall thereb cherishee yb d and increased between us on both sides, together with mutual intercourse of our e establishinsubjectsth r Fo . f whicgo h statr utmos f ou thingse o o t te w , will not be wanting, deeming that the wishes of your Highnesses are not averse from the equity and justice which we ask. And' now with this our servant, whom for this cause we have sent as ambassado youo rt r Highnesses expecte w , , -in friendship, your answe thin ri s matter; wishing to pleasure your Highnesses as much as may be, and faithfully prayin e r besgooth fo gt d l thinge sameal healtth d o t s. an h Fror mpu Cimbrian hunting seat, the twenty-third of the month of October in the year after one thousand five hundred the sixtieth. FREDERICK, KING. To the most illustrious Princes, Cousins, and our very dear friends the Lord James, Duk Hamiltonf eo , Ear othe e Arranf th o l rd Governoran , s e Kingdooth f f Scotlandmo . (National MSS f Scotlando . , part iii. No. xliv.) There is, unfortunately, a gap in the Kegister of the Privy Council of Scotland, extending from 21st Januar yh Septembe1554t o 3t r 1561, tumultuoua excited san d perio Scottishn di , history. Ther therefores ei , awarem a recoro I n ,s a n thidr i s ofa s countr e receptioth f yo n which the communication fro Danise mth h king received s possibli t I . e that e preserve b e reple archivey th th ma y n i df Denmark o s , which have recently been examine n Englisa y db h record scholar t undebu y ; an r circumstances, the letter itself remains its own best evidence.1 The next and principal point -which I wish to illustrate is the A few years later than this Bothwell, " of Orkney," in his Second Declara- 1 tion, emitte t Malmoa d e 13th January 1568, states s departurthathi n i , e from Scotland the previous year, his object was to solicit the aid of the Danish King, with the offer of the surrender of Orkney and Shetland in return. VOL. XXI. Q 2 24 PROCEEDING SOCIETYE TH F O S , APRI , 188711 L .

embassy to Scotland in 1585, twenty-five years after King Frederick's letter, again to urge the claim of redemption. It arrived nearly three years afte e deatth r f Buchananf coursho o t referres i no en i d o an ,t d his History. Sir James Balfour, in his Annals, makes no mention of it unde e yeath r r s bareli 1585 t I y. alludeMaitlandy s b wa o t dt bu , known to Tytler and to Burton, who, however, give no details. We must therefore loo r informatiokfo y Ma otheo h nt 4t re sovircesth n O . 1585 the despatch of the embassy was announced to the Queen of England (Elizabeth e followinth n )i g letter, extracted froe Eoyamth l Archive t quoteDenmarkf so no s Torffseuy i db t I . s :— Ad reginam Anglise, &c. Frederichsburgi 4 Maij anno 85. Christian First, our great-grandfather, of most blessed memory, in the year of Christ 1468, pledged the Orkneys, a part of our Kingdom of Norway, to James III., king of Scotland, by way of mortgage, for a certain sum of money, with this condition tha t whatevea t r time debe th , t being paid redemptioe th , n of the pledge being accomplished', they might be redeemed by the said King Christian or any of his successors. But although an attempt was made to recover the Christiay mb n III. r illustriouou , s father d eve ourselvey an , b n s some years ago, nevertheles e governoth s d councilloran r e kingdoth f o s m urge excusn di e partly theioccupation row n operationni f ward partlo s an , y the minority of the queen, as the cause of the restitution being hitherto always deferred. Now therefore we, offering anew the required sum, demand, as in duty bound, that these islands, whic e acknowledgehar d indisputabl foro yt m part of our kingdom, should be restored to us. For which cause we have dispatched to the king of Scotland councillors of onr kingdom, as ambassadors pleaderd an t clearlno se (oratores).yar informe e t asw Bu de rela whath e - ar t tions between your MajestKine th f Scotlangd o yan t thida s time whad an , t positioe th les d f affairno tan you, is s r Majest thiny yma k that thi s donsi y b e its from some other motive than thahavee w t stated e havw , e thought i t proper to signify to your Majesty the design of this embassy. Offering to your Majesty all devotion and goodwill and brotherly love. The dispatch of the embassy is thus described by Torffseus:— In the year 1585 a splendid embassy was directed to Scotland, under the of illustrious men, councillors of the kingdom of the highest rank, Mandrupius Passberg and Henricus Belovius, with whom was conjoined , Doctor Nicholaus Theophilus, bearing dispatches f thao y t Ma ,f o date h 4t d

year, to the king of Scotland, in which the whole course of the demands for islandse th , brought dow thao nt t time concisels wa , y restated.1 1 Orcades, liber iii. 217p . . THE DANISH CLAIMS UPON OEKNEY AND SHETLAND, 243

Torffseus then relate e receptioth se ambassadorsth f o n e accounth , t they submitted of the history of the mortgaging of the islands, and of the subsequent efforts made to close the transaction, urging the equity s Danisohi f h Majesty's demands d finallan , y offerin e redemptioth g n money, quote s 50,00da 0 florinsargumente Th . d excusean s s brought forward by the Scottish, court are given at considerable length, with the evasiv efruitles replythe and ,s returembassythe nof . Another Danish historian, Peder Hansb'n Kesen, relates the story similarly. I translate from the original:— Early in spring the king began seriously to take up the long-protracted busi- ness of the redemption of the Orkney islands and Shetland. He appointed his embassy in two ships, the " Fortune " and " St Michael," with costly equipment; and directed Mandrup Parsherg, Henrik Belou, councillors of the kingdom, and Doctor Nicolaus Theophilus, to Scotland, to King James the Sixth, to offer the promised marriage tribute (udlovede Brudeskat), and in the most neighbourly and friendly way to demand and request again the ibrenamed land and isles. They sailed from Copenhage e 13tnth h May reached an , d Edinburge th n o h 15th June. They wer t firsa e t received there d thencan , e conductee th o dt t Dur-ferlia s Kingwa o nwh , [], where they obtained audiencf o e Jjis Majesty, in the presence of many of the council of the kingdom of Scot- land, on the 20th of June. Doctor Nicolaus, in a brilliant and comprehensive oration t fort se ,whole hth e busines d transactionan s e saith d w isled ho , an s land were pledge Kiny db g Christia e First portioa nth e marriag r th fo , f o n e tribute of his daughter the Lady Margaret, to King James the Third, and in e tim th f subsequeno e t king d ofteha s n been claime r redemptionfo d e H . requested that the money might be received, and the said islands be again delivered over to the King and nation. Whereupon, after some days' delibera- tion, it was in the most friendly way given for answer that the time, on account of several hindrances and difficulties, was too short and very incon- venient ; neither were all the councillors of the kingdom at hand, nor so ready to be convened or bespoken. So his Majesty could not at present so hastily giv a efina l answer e Scot besided Th ha s. s other more complicated affair o discust s s with their gracious Lord d woulan , d therefor s sooa es a n possible despatch theiembassn s Majestyow r hi o yt would an , d then further discuss thiothed san r matters.1 singulaa s i t I r fact tha Eegistee th tPrive th f yro Counci f Scotlano l d 1 Kong Fredericks Andensn de KronicTce, .Kiobenhaffn, 1680 . 338pp , , 339. For this extract and also the lette Queeo rt n Elizabeth, quoted aboveindebtem a I , o dt the friendly aid of Dr Troels Lund, , a high authority in Danish history. 244 PROCEEDINGS OF THE SOCIETY, APRIL 11, 1887.

contains no reference to the important incident of this representation from the Danish King. The court were away from Edinburgh on account of the plague. The Council met at Holyrood on the 8th of June, and at Dun- fermline on the 18th and 23rd of that month; passing on to Falkland, where several meetings were held in July, two meetings being held there- monthe e 29te clos t th 31stAndrewsafted th th S f ht ean n o t a o ra , . While the Eegister of the Privy Council is unaccountably silent, thero lac n f contemporar o ks ei y evidenc o substantiatt e e Danisth e h accounts which have been quoted. Ther e Calendas notei eth n i d f o r English State Papers relatin Scotlano gt a letted r from Robert Carvell r JohSi no t Forster, date t Dunfermlinea d , 22nd June e subjecth , f o t which is "a claim made by the Danish ambassador to the Isles of Orkney and Shetland"; and the wily Wotton, the English ambassador, addresse r Francilettesa Si o t r s "Walsyngha e samth n emo subject, also from Dunfermline e e fulnes month.e th e 27tth th t th f f ho o n sBu o , 1 following details from Scottish sources leaves nothing furthe desirede b o t r . I. MOYSIE'S MEMOIRS. . Upon f Juni o tuele y eth j da t 1585 e Kinth , f Denmarkigo s ambassadouris thrie in number, quhairof ane wes a doctour of the lawis, and the uther twa speciall men, com Scotlano et arryved dan t Leithda e; proppe weiln rme l cled efter thaire owin faschioun ; they wer in trayne four scoir personis, tuelf thairo goln i f d chenyeis. They com Dunfermlino et g within fou fyvr o r e dayis therefter to the King, quhair they had presence aud dischairgit thair Com- missioun, quhilk wes that they desyred to redeime Orknay and Chetland, tinder reversioun as they alledgit of ane certane soume of mony, quhilk they had rady to consigns instantlie. The Kingis Majestie, with advyse of his Counsal t AndroisS t la , therefter gave thame this ansuer, Thato n ther s ewa such reversion knawi thameo at t the bo , ysend soulan d y ansuedtr r schortlie with there awin ambassadour. So they tuik journey at Dundie, and wer feasted at St Androis.2

. HlSTORIII LlFD KlNP BO EAN G JAME SEXTE TH S . 1585 Kine . "thiTh n g i s yeir was becum brava e princ bodin ei stature d ean , weill exercisit in reading that he could perfytlie record of all things that he 1 Calendar of English State Papers relating to Scotland, vol. i. pp. 498, 499. ' 2 Memoirs Affairs e oth f of Scotland, Daviy b d Moysie (Write d Notarran y Public Edinburgh)n i , 1577-1603. Printe t Edinburgda e Bannatynth r hfo e Club, 1830. Previously printed by Walter Ruddiman, at Edinburgh, 1755. THE DANISH CLAIMS UPON OKKNE D SHETLANDYAN 5 24 . aithed ha r har redr memorids o hi ; jugemend an e r becuwa t m verie d rypan fyne. Tharefore that noble King, Frederic the Second, King of Denmarc, findin opportunetik gsi ocoasioud ean credible th e nb e repor f famouo t s gentil- men and marchants of Scotland, to congratnlat the gude estait of our King his confederat s renownia wayis hi e essayitw h e , b m , hi t Ambassadors senn i t Scotlan monte th Julin f di ho i 1585 wasy firse wa ,Th t . tha proposie h t e b t s ambassadorhi s tha e Hi f Orknath to s t lenZetland bo yan t r froe wa dmth crow Denmarf no e deba soum th f o r tf monecfo o e y awi o thet n - crowf o n Scotland; and for the redemption of thayme, thay had the money presentlie estait s rande o Kine t hi laughfulr th d sfo go an rt l restitutio repossessiound nan , e othe was"—(i&cy Th .rwa n brief suggestioa , Kine th marriagf f gno o e on f eo of Denmark's daughter Kino t s g James, whic eventualls hwa y accomplished). " To the first, it was answerit that becaus the playg of pestilence was then verie vehement in Edinburgh, hia capital parliament toun, and that tharein all his writtis whatsuinever did ly, and thareunto thair was na sure acces,1 tharefore the King besoght the ambassadors to tak in patience for that tyme, for he sould send an ambassador of his awin, with the first commoditie, who sould give a resolute answe n thai r t purpose," (an de secon likewisth o t d s pointa e e th , projected marriage). "With these ansuer ambassadore sth exceidinr swe g weill contentit, and departed from Scotland in the moneth of August with great joy."* III. MEMOIR JAMER SI F SO S MELVILL HALHILLF EO . 1585. "About this tym e Queth ,f Englando n e hib ,r intelligence from Denmark, was advertist of a gret and magnifik ambassade send be the King of Denmark in Scotland; thre ambassadours, with a sex score of personis, in twa brave schippis." So Elizabeth sent Mester Wotton " to use all his wyles " preveno t greatey an t r amity betwee e Kingnth f Denmaro s d Scotlankan d and their respective countries. schon a "Dense S th s ea e ambassadours arryvit be schip in this contre, his Majestie ordanit me to bear them company. Ther names wer, Manderupius , Henrych Bello, and Doctour Theophilus; the first twa wer consellours. First at Domfermeling they congratulat his Majeste in the King ther masters name, with a lang discours of the auld amytie, band and mutuall frendschip betwen the twa Kingis and their kingdommes d las f allo tAn ., they requyre e ylle th df Orkene o s e b o yt restored Crowe agaith f o Denmarknt o n , allegin wedseti thee y l b t o mo t t , be redeemed again for the sowm of fifty thowsand florins. Ther commyng and demandis was dyversly skancit upon ; some supposing warres suld ensew, onle saidie sth t renderits no ylle r swe ; others thocht that 1 The Historie and Life of King James the Sext, being an account of the affairs of Scotland, fro yeae mth r 156yeae th r6 o t 1596 , wit shorha t continuatio e yeath ro nt 1617. (Author unknown.) Printed at Edinburgh for the Banuatyne Club, 1825. 246 PROCEEDINGS OF THE SOCIETY, APEIL 11, 1887.

ther intentions was, to bring on a marriage with the King of Denmarkis dochter. Now albeit his Majestie was determinit to trait them weill and honorably, they wer nevertheles mishandled, ruffeled, tritfelit, drifted, and delayed heir e spacth f eo monethes theo t , r gret charge miscontentementd an s . For they lyved upon ther awen expensis, and wer not defrayed be his Majeste, as l otheal r ambassadouri thaf so t nation hes ben synn ese . When they wer apponted to part out of Domfermeling towardis St Androwes t the, thege ro rt dispatche Majests hi , e ordoni telo t l them thae th sul df the o sen ry dpartinda the d upone coure ry mth Th go f t horst.o t eou being com, they send away ther bagag officerd ean s befor ebuter themwe dd ,an themselves, tareing lang upon his Majesties horse; quhilk because they cam not in dew tym, they tok ther journey fordward upon fut. His Majeste was very miscontent, when he understod how they were handled, and caused his horse to Mow fast efter them and overtak them. Then at ther being in Santandrowes, dyvers appointed daye f consailo s d conventioan l r brokenwe n unto them, quhilkis wer promysed to be keped for ther dispasche, quhilk they sutted continowally for to get. Then men wer appointed to skorn them at ther lodgingis, and before ther windowes, when they loked out to the streit; sa that nathing was left ondone that mycht annoye them or kindle them up in choler. Only Mester Wotto e Englinth s abassadour vesited the r thembu m oftd an , gud company, and conforted them at all occasions, seamyng to be sory that they wor sa misused ; and offerit to lend them gold and silver largely, for the gret frendschip that he knew to be betwen the Quen his mestris and the King assure s opaymentd f Denmarkwa gu e f dh o thochd r an , Fo conkio .t s credit t thea r handiapperans hi e sb t frendly deling t leiithA . , under gret secrete h , said he wald not hyd from them, how that he had hard the King speak dis- danfull languag f theo e r centr d customesean d alsan ;o thats somhi f o e gentilman had hard the King speak evell of ther King as com of the race of merchandi hid sthad an consaile an h t s; myndi r we l halo t d them lang heir, withou dispaschey an t fascho t , tyrd ean e them. Then agai saie n th ds gentilmen hi ambassadour f o a tw , infourmed an , s hi d Majeste of ther hard speaches of the reprochefull dealing of the King and consaill towardis ther maister, and also of ther rud manners, doldnes and dronkenessr abou r we s fortifieMajeste hi s twe a d assiste d c an dsi an , ; e db whs held the lyk scornfull langage of the King of Denmark, his contre and anibassadours : moving his Majeste to mak the les accompt of them. Wherby they wer sterit up in sic a rage as I had na litle a do to perswad them in the contrary, and to stay them from stealing away tua severall tymes to ther schippis, to have returnit to ther King without any further answer, and to reporgree th tf lichtlo t d disclanyan injurd an e y quhilk they said planls ywe done unto ther Kin contred gan . THE DANISH CLAIMS UPON ORKNEY AND SHETLAND. 247

e principalTh e thrth ef o ambassadourl a wise s ,wa s grave and anoien consellour. Heurich Bell furious speachess odoetouwe e hi th n i s d ran ; cry-eel out, Kine mester "Th gou injuries i r wilbd dan e revengit." Then I took Manderupius apart, and requested him to heir me patiently, for spae Dutchd h kgu e [German] gud,a s t therforno t mys bo , nwe e tha walie h t l tak better tent to my meanyings, nor til any wrang word. (Melville then explaine Manderupiuo dt sinistee sth r motive Englise th f so h court and the ambassador Wotton, in their interference with the projects of amity with the Danish King, upon which the ambassadors, after long confer- ence, consente remaio dt a tim r pursuo t enfo e matteth e r further. Melville then proceede explaio sam e dt Kine th th e n g o i nt way , clearing away, among other things imputatioe th , n thabeed ha tn conveye Jameo t d s thae Kinth t g of Denmark " was com bot of marchandis, and that few maid accompt of him or his centre bit sic as spak the Dutch tong." Melville showed the highly respectable origin and connections of the Danish sovereign, to whom James himsel relateds wa fthe d an ,n proceeds)— " And wheras he requyres again the ylles of Orkeney, for the discharge of his aith, because every King of Denmark at his election, that is ane of the articles that is presented unto hym be the estaitis to swer, to claim again the saidis yles; quhilk he hes done for the fassion, and til na uther effect bot to draw on grettea r famyliarit d frendschip sent an ehonnorabla no s d d ha r elio e , h s a e company, bot rather a harrauld of arms, gif he had been ernestly bent other to saye th dt yllisdiscoro ge t r feichd o , them.dr an fo t " (The King was mollified by his discourse, and ordered a banquet to be pre- e arnbassadourspareth r dfo d everan , y e donhonob o themt eo t r , though "Wotton and his abettors tried to thwart this being done. His Majesty " raise from his a wen denner, and past to the banket house, and drank to the King, the Quen, and ambassadours of Denmark; and sa contented them ay the langer bettere th caused ,an d the rredinesa dispascn i e b so hconfort promyse.s hi mo t " A chain (" a great chengnze quhilk weyed a vijc and fifty corowns ") was pro- cure presented d an e ambassadorsth o dt , along with their "answe n wret,i r " and they departed' highly satisfied, assuring Melville that " they suld be gud instrumentis of amytie.") "Albeit be evell vising they wer anes myndit to do otherwayes; and that their commission tended not to discord bot to bring on greter friendschip. Nether war they commandit to speak of mariage, wherof ther was a vain bruit; thoch Kine th g ther maiste fayrd ha r e quhilki e dochtersth f o y s beinan , g sutteds a , s requisii t that gentilwemen , thebe . y supponi clame th t f Orkeneo e y sula dg rycht."1 Memoirs of his own Life, by Sir James Melville of Halhill, 1549-1593. From 1 tlie original Manuscript: Printed at Edinburgh, for the Bannatyne Club, 1827, p. 335 et seqq. 8 24 PBOCEEDING SOCIETYE TH F O S , APKIL 11, 1887.

I have been thus particula n givini r e detailth g f thio s s embassage, becausf supremo s i t ei e interes s evidencina t e feelingth d attitudgan e of the Danish Government on the question at the time. Nor is apology offered for reproducing the particulars, because they have never been given by Scottish historians, and the MSS. in which these Scottish account e embassagth f so e occu e printear r d privatel s cluya b t readilno e issuesyar accessibled an , . It does not appear from Melville what was the precise answer given Danise toth h ambassadors certainls wa t I y. evasive, with promisess a , we know from other sources, of a definite answer by-and-bye. According o Melvillet , "Mester Peter Yong, mester almowsse s Majeste,hi o t r " was shortly after sent to Denmark " to thank that king and to see his dochters, that he mycht mak report again of his lyking of them; with a promyse tha Majestis hi t e suld senlanr e honnorabldan we g t thei r o r e ambassade."1 Meanwhile the Scottish Court dealt with the islands as if their sway over them was undisputed. But the question was still in agitation e projecTh f .marriag o t e betwee ne Danis th Jame d han s Princes s takeswa n advantagn excusa r s delaya fo ef d whilo ean , t i e hung in the balance it also restrained the urgency of the Danes, who could not afford to trifle with, or offend, so promising a suitor. In the Act of the Scottish estates, 8th July 1587, a commission was appointed

1 Peter Young e masteth , r almoner s accompaniewa , s expeditiohi n i d o t n Denmark, in 1587, by Sir Patrick Wans [or Vans], the of Barnbarroeh, who record Journas hi n si l that they were courteously received a Docto d an ,r Paspclay assure dKing'e theth mn si name thahaiguie e w tan dd f " ansegi geio t r f anent Orknay he douitted nocht all uthir thingis we had ado or wald requeiyr of the Kingis majestie suld be verrie thankfullie ressavit and wald be grantit" (Correspondence of Sir Patrick Waus of Barnbarroeh, , 1540-1597, Edin., 1882, p. 397.) When poine t cami th o tet wit Kine hth g himsel e nexth f t day e Scottisth , h ambassadors pleade matee commissiona n th Orknaf r d o rd fo ha tha s e yw "a t e e th thairof t a t bo ; tyme appointit, quhilt waye s s nochka t cumyn douie w , sainite nochth t u bu tsul d haif anse s appartenita r thairfoid an , t thaa r a commissionn t presend ha e w to t e traitt thairof" (Ibid., p. 398). The Danish King was shrewd enough to regard all this as "but fecles dealing, and dryving of tym, and faire langage without any power to conclud," and the ambassadors returned with small result. The eldest daughter was shortly after married to the Duke of Brunswick. The King died, and marriage wit secone hth d daughte t lasa s t resolverwa d upon d accomplishean , n i d 1589. THE DANISH CLAIMS UPON ORKNE SHETLANDD AN Y9 24 . e taxatio th e granti b r "fo o t n t quhe t i sain l pleis thar soveranou t e lord sail treat and conclude opoun his manage.'' The commission consisted of the of Angus, Huntly, Crawford, Marischall, Montrose, and Kothes; the Archbishop of ; the of Dunkeld, Brechin, and Orkney; the Commendators of Deer and Newbattle; and the Commissioners of the of Edinburgh, Perth, , , St Andrews, and . These were empowered also "heiro t , treat determyn concludd matee an e th n ri e e answepetitione oth f th e Kino th t r f Denmarf go so k anent Orkney," havo t e samth e ee wholf i effecdonth s y a eb et three estate Parn si - liament.1 The marriage with Anne of Denmark was solemnised in 1589 ; and in 1592 Parliament passed a " Ratification of the Earl of Merchellis pro- ceeding Denmarn si k direc o trea t te mariag th t e betui e Kind th x an g and Queen's majesties and of his infeftments." From this it appears tha n 1589i t t ,Upsla n Norwayi o mattee n "Attestatioa th f n o i ,r n anen e ilef Orknay,th o ts s settlewa t "di " thal furtheal t r clair mo repetitioun of the foirsaidis iles upon quhatsumever predendit richt or interesse allegit thairto be that croun [Denmark] salbe supersedit and continuit for thair pairtis unto the said electit princes perfite aige,'' the then King, Christian IV. being in minority.2 This agrees with the testimony of Torffeeus, who relates the circumstances, but the text of the agreement (in ) between the two countries is given in full in the Eegister of the Privy Council. It is dated at Helsingborg, the 20th August 1589, and is indorsed "Copy of the Testimoniale gevin be his Hiene ambassadourid san Eegentie th o st f Denmarkso , anent Orkney." hers i t eI declared thaquestioe th e tclaim th f no s should remain open sovereige th o t f eitheno r country d thae delaan ,th t y should causo n e prejudice to either : in the meantime that the King of Scotland should be lof undisturben i t d possessio than o n t condition e e termth Th f o .s conditio e thunar s expressed :—" Ita tamen eaquo conditione hsee .n ,c suspensi moreu ose e indulgentia juri quod Danis t ISTorvegiee e e reges in. dictas Orcades insulas praetendunt ulla ratione preejudicare vel possit vel 1 Act Parliamenf so t (1587), vol. iii . 437p . . 3 Parliamene Actth f so Scotlanf o t d (1592), vol. iii . 566.p . 250 PROCEEDINGS OF THE SOCIETY, APRIL 11, 1887.

debeat utriqud se , e parti jura sua sarta tectaqu t illeesae , non minuc sa i hses e suspensio nunquam intervenisset, conserventur." 1 With this important convention t whica , e conservatioth h e th f o n claim y Denmar b so explicitls s wa k y recognised e questioth , n passes finally from the politics of Scotland, and becomes an imperial one, King Jame Sixte sth h having ascende e throne Uniteth th d f o ed Kingdom fourteen years later. According to Torffasus, Christian IV. visited James in England in 1606 and 1614, when James prevailed upon him to allow the Orkney question to stand over during their reigns, as was formally agreed to treate byth f Steiubergyo , 20th July 1621e samTh e. author relates that n 1640i , e clais reneweth , mwa y Danisb d h representativen i s England agaio wh ,n offere monee th d y paymen militara r o t y contingent Kind ai go t Charle proposae th s t I.bu ,l once more fell througe th n i h trouble f thaso t sovereign e restoratioth t A . f Charleno n 166i . sII 0 a Danish embassy, sent s o congratulatsuccessiont hi n o m ,hi e again respectfully claimed the restitution of the isles, when the English, having nothing to fall back upon but prescriptive holding, allowed the negotiations to fall aside. e claimTh s were dealt with onc ee Treatmorth t f a Bredeo y n i a 1667, whe e Daneth n s again urgently demande restitutione dth e Th . English plenipotentiaries pleade instructionso dn decides wa t i dd tha,an t the matter should be left open, with this stipulation—" That the suspen- e restitutiosioth f ne foresaio th f no d islands shoul withoue db t prejudice e mosth to t seren d mightan e y Kin f Denmargo Norwayd kan , whose claims to recover them should not suffer thereby, but should continue en- tire, unenfringe opend dan , unti morla e fitting opportunity should arise."2 Again, and for the last time, the restitution of the islands was de- mande Kiny db g Frederic middl e keighteente th V. th n f i ,e o h century. 1 Register Privye oth f Council, essentiae . 824p Th vol . . iv . l extrac s givei t y nb Torffseus. 2 The words of the condition, as given by Torfifeus, are :—" Ut suspensio restitu- tionis dictarum insularum, citra prejudieium Serenissim t Potentissime i i Canine Norvegiseque Regis fieret quidquae n , m eidem pnetension ipsc ho oi derogaretur, sed eadem integra infracta patensque persisteret, donee melior occasio prseberetur " (Orcades, liber iii.). THE DANISH CLAIMS UPON ORKNEY AND SHETLAND. 251

Burton o barelwh , y alludee embassth o t s f 1585e yo repeate th r o , d demands by Denmark for the settlement of the question, remarks that it has been a subject fertile in ingenious speculations in international law, whether, if payment of the dower of the Princess Margaret should timy e offeredan eb t a , Britain woul e bounb d o restort d e islandeth s; mucw alsho oh mus e paidb d what an , t Governmen s entitlei t o t d redeem the pledge.1 In regard to the last point, it may be held as settled that the right of redemption under existing arrangements remains with Denmark, because when Denmark and Norway were disjoined in 1814, Denmark retained the islands of the , which mus hele b includins t a d l rightgal f reversioso o Orknent d an y Shetland. e foregoinTh g observation e onlar sa y contributio e betteth o t rn understandin f thio g s curious inquiry e subject exhaustedTh no .s i t ; and I should be glad if some one possessed of more leisure could pursue t furtheri .