TSNS Foundation Corpus

Version 1.2.

The website version of the Foundation Corpus is the authoritative version and may be updated as further material is added or corrections are made.

Reader’s Note
The Foundation Corpus brings together the principal legal authorities, historical instruments and documentary evidence upon which the analysis of The Sovereign Nation of Shetland (TSNS) proceeds.

Its purpose is to identify the legal foundation of the authority presently exercised in Shetland and to place the relevant source materials before the reader.

The Corpus distinguishes between Authority — what an institutional legal source says; Instrument — what a historical document actually records or conveys; Evidence — what a public authority or other body has said or done when the basis of its authority has been questioned; and TSNS proposition — the conclusion or question which TSNS says follows from those materials.

The documents should therefore be read before the commentary upon them.

The central question:
What is the legal title by which the Crown acquired the sovereignty it presently asserts over Shetland?

Note: some scanned documents bear the words “SIC Document”. This does not imply that the source is Shetland Islands Council; the wording was inserted automatically during the scanning process.

Definitions and abbreviations

Stair: The Laws of Scotland, Stair Memorial Encyclopaedia.
Green's: Green's Encyclopaedia of the Laws of Scotland.
McNeil: Common Law Aboriginal Title (1989). Professor Kent McNeil.
Feudal: ownership under the Crown.
Allodial (or Udal): ownership under God.

2. Authorities Asked to Identify the Basis of Their Authority

This section records what happened when contemporary institutions exercising authority in Shetland were asked to identify the basis upon which they do so. An FOI response stating that information is “not held” does not, by itself, prove that the underlying authority does not exist. Nor does a refusal to answer establish absence of title. These responses are included for the narrower evidential purpose of recording whether the institutions approached were able or willing to identify the requested information.

2A. FOI / EIR requests

2B. Formal claims and correspondence

2C. Jurisdiction and enforcement in practice

This subsection records instances in which governmental authority has been expressly questioned in the course of actual or threatened enforcement. A decision not to prosecute, the desertion of proceedings, administrative closure of a case or cessation of enforcement does not by itself establish why that decision was made. The documents are included because they record what occurred after authority was challenged.

3. Other Documentary Material

The following documents form part of the wider TSNS evidence library but are not part of the core title argument in Sections 1 and 2.

4. Competing Interpretations

A Foundation Corpus should expose its proposition to the strongest arguments against it. The following pages therefore examine competing interpretations rather than treating disagreement as something external to the Corpus.

5. Status of the Corpus

6. The Question Arising from the Corpus

The Foundation Corpus does not require the reader to begin by accepting a political or constitutional conclusion. It asks the reader to follow the documentary sequence:

Stair identifies Crown sovereignty with its dominium eminens.

Stair describes that dominium eminens as allodial.

Stair identifies the pawning instruments as the basis of the Scottish Crown's right to Orkney and Shetland.

Green's describes that title as the title upon which sovereignty stands.

The 1469 instrument was a redeemable pledge.

By what legally effective instrument or operation of law did the Scottish Crown acquire the allodial dominium eminens in Shetland which the institutional authorities identify as the same as sovereignty?

If such an instrument or rule exists, it should be capable of identification and examination. If it cannot be identified, the consequences of that absence require legal examination.

That is the question to which the Foundation Corpus is directed.

E. & O. E.