Columbia 5Stttt)eri?itp intI)fCitpofl1rttjgork LIBRARY SCOTLAND UNDER HER EARLY KINGS. Printed by R. & R. Clark EDMONSTON AND DOUGLAS, EDINBURGH. LONDON . . HAMILTON, ADAMS, AND CO. CAMBRIDGE . MACMILLAN AND CO. DUBLIN . . W. ROBERTSON. GLASGOW . . JAMES MACLEHOSE. EDMONSTON iDOU SLA S FO!N BURGH SCOTLAND UNDER HER EARLY KINGS A HISTORY OF THE KINGDOM TO THE CLOSE OF THE THIRTEENTH CENTURY BY E. WILLIAM ROBERTSON VOL. IL EDINBURGH E D M oJN; S'^T i6,]>r i ' Ai N A \ D O U G L A S 1,362, ,, , . CONTENTS OF VOLUME II -Map of Scotland under Daind . ... . -Frontispiece CHAPTER XIV. PAGE Alexander the Second, 12 14-1249 . . . . i CHAPTER XV. Alexander the Third, i 249-1 263 • • • ■ 53 CHAPTER XVI. Alexander the Third, i 263-1 285 .... 97 CHAPTER XVn. The Conclusion, i 249-1285 . . . . . .127 APPENDIX. A. Kings of the Picts — Kings of Dalriada — Kings OF Scotland — Jarls of the Orkneys — The Hv IvAR — Kings of Man— Lords of the Oirir- Gael 185 B. The Celt and the Teuton 197 C. L.ETS . . . . . . . . . .232 D. Tenures . . . . . . . . . 2^\ 204893 VI CONTENTS. E. Wergilds — Frank Wergilds — Prisons — Alamanni — Bavarians — Angles and ^^'erns — Lombards — Saxons Burgundians — Kent. Ethelbert, 597-616 — Wessex under Ini, 688-725 — Wessex under Alfred — North People's Law — Mercian Law — Canute — William the Conqueror — Leges Hen. I. — Icelandic Baugatal — Gutalag — Gulathing — Swedish Upland Law — Danish Jutland law — Welch Gwerth — Leges inter Scottos et Brettos — Mercheta Mulierum F. The Kin — Roman Cognatio — Quarterings — The Scot- tish Thane ........ G. Coinage — Roman ^^'eight — Old Scandinavian Weight — Cologne ISIark — Tower Weight — Paris Troy Weight — Old Bavarian Pound — Old Scottish Pouml — Money Values in Merovingian Denarii, and in Carlovingian or Sterling Denarii H. E.vRLv Ireland .... I. PiCTs AND Scots K. PiCTs OF Gallowav . L. The English Claims — Part I. . Part II. M. The Danelage . N. Thanes O. Biataghs . P. Kali Hundison Q. Ordericus Vitalis R. The Theory of Displacement S. The Seven Earls T. The Laws of King Henry the First 275 509 341 1 r 'J 366 382 384 401 430 444 472 477 480 484 502 506 History of Scotland TO THE CLOSE OF THE I3TH CENTURY. CHAPTER XIV. Alexander the Second — 12 14-1249. A CORONATION in the thirteenth century was more than a mere gorgeous ceremony, for it was in a certain sense one of the titles by which a king held his crown. Men's minds were still much influenced by the external forms which were slowly giving way to deeds and written documents, and they were apt to look upon the prince, whose coronation they had witnessed, or who had been proclaimed their king in any other manner to which they were accustomed, as the rightful sovereign, without further question of his title. Accordingly, wuthin twenty- four hours of the death of the late king, his successor was crowned at Scone, and hailed as their lawful sovereign by both Estates of the Realm ; who, after uniting for three da}s in celebrating the accession of the youthful Alexander, resumed the character of mourners, and returning to Stirling, where the widowed Ermengarde still watched by the body of her husband, escorted the remains of the deceased monarch to their last resting-place at Arbroath."" * Fordun, 1. 9, c. I, 27. There is reigri, and from some expressions of no allusion to a coronation before this Giraldus Cambrensis it would almost VOL IL '■'' B 2 THE FEUDAL KINGDOM. [1214- It was at a momentous period of English history that Alexander ascended the throne, for it was the era in which the barons of E norland wrunp- from the fears of their dastard sovereign the great charter of their liberties. It was in vain that they had deputed Eustace de Vesci to remind the head of the Roman Church that the reconciliation of John with the papal see had been mainly brought about through the exertions of his barons ; and to urge that, in return for their friendly offices, their king should be bound to keep the oath, that he would respect the liberties of his people, which he had sworn in the council of London.* In the opinion of Innocent the Church alone was entitled to liberties, and warmly espousing the cause of the tyrant, he warned the barons against incurring the danger of excommunication by persisting in a rebellious assertion of their rights ; and when John petitioned to be absolved from the oath which he had again repeated in the famous meeting at Runnymede, and to be released from the engage- ments which he had there sworn faithfully and fully to observe. Innocent listened with favour to the request of his " vassal," unhesitatingly annulled the Great Charter, and launched the threatened excom- munication against the assertors of the liberties of Englishmen. Driven by this conduct to extremities, the confederates turned elsewhere for support, and appear as if this was the first feudal Febnjaiy 12 15. John's envoy, Mau- coronation in Scotland, though his clerk, had been before-hand, having words may only apply to Spain. "Scoto- arrived on the 17th. I have been par- nim principes qui et Reges dicuntur, ticular in noticing the dates, as some sicut et Hispaniae principes, qui nee authorities place John's demand that coronari tamen consueverant, nee in- the barons should bind themselves ungi." (Instr. Pr/iic. Disf. I. Bpuqiict, never to claim their rights from him V. 18.) or his successors, after Runnymede, * Fa:d., vol. I, pt. I, p. I20. Eustace though it is alluded to in Mauclerk's de Vesci reached Rome on the 28th of letter. 1 249-] ^-i^y OUTBREAK IN THE NORTH. 3 sought to strengthen themselves by foreign alHances ; whilst the barons of the north, who were conspicuous in the ranks of the disaffected, easily obtained the assistance of the young king of Scotland by a promise of the northern counties.* Alexander had already escaped a danger from "T another quarter, which might otherwise have inter- fered with the meditated alliance. The accession of a youthful prince to the throne of Scotland had naturally been the signal for a renewal of the dis- turbances in the north and west, a brother of the last Mac William who, like his father, bore the name of Donald Bane, suddenly appearing in Moray with Kenneth Mac Heth. the last of that ancient name who ever figures in history. Their career, however, was brief, for every defeat of the partizans of Mac William must have served to strengthen the royal authority in the north of Scotland ; nor had the successful campaigns of William against the Earl of Orkney been without effect in the same quarter, and the chieftains of the north-western Hiohlands beean at length to grow indifferent to a cause of which they were once amongst the firmest supporters. Accord- ingly, when the younger Donald Bane invaded Moray, he was at once opposed by one of the greatest amongst the northern barons, Ferquhard Mac-in- Saofart, Earl of Ross, the first known member of a family whose subsequent importance, like that of the great northern branch of the de Moravias, seems to have grown out of the decline of the Earls of Orkney, * " Non^ertinet ad Papam ordinatio though a clause in Magna Charta, rerum laicaruni," was the answer of the securing his rights as an English baron, barons As Alexander sent a peaceful seems to show that he may have incurred embassy to John as late as the 7th of the danger of forfeiture by his previous July, he could not have finally joined policy. Fad., vol. i, pt. i, pp. 127, the confedei-ates before that time, 135, 136, 138, 139. 4 THE FEUDAL KINGDOM. [1214- and of the Gall-Gael. The insurgents were soon de- 15th June, feated with the loss of both their leaders ; and the earl, on presenting the heads of his prisoners as a testi- mony of his loyalty to the young king, was rewarded for his prompt repression of the rebellion by receiving from the royal hand the honour of knighthood.'" Towards the middle of October, Alexander crossed the Borders ; and while his army was occupied with an ineffectual investment of Norham, he received the homage of the barons of Northumberland at Felton, where Eustace de Yesci, by the presentation of a w^hite wand, formally made over the three northern counties to his royal kinsman. Scottish armies, at this period, appear to have been usually unsuccessful in their sieges, and, accordingly, Norham still held out at the close of November, when the assailants were obliged to retire from before its walls, as John was now fast approaching Scotland, burning to vent * Chron. Mel. 1215. It may appear daughters, when she married the Count singular at first sight that " the Thanes of Holland in 1 160-62 {Doc. Ilhtst. Hist. of Ross," who invited Godfrey Mac Scot., p. 20, sec. 5), it was probably William to put forward his pretensions forfeited for the rebellion in 11 60, and in 1211, shouldhaveopposedhisbrother regranted to Ferquhard about the same Donald only four years later, but a time as the de Moravias acquired a remark in one of the Sagas may explain footing in Sutherland. Mac-in-sagart the seeming anomaly — " Heinrek, his —the priest's son — seems to point to son (i.e., of Harald Mac Madach), Ferquhard as one of those characters possesses Ross." There were then so often met with in Scottish and Irish tzvo claimants of the earldom, of the history, combining ecclesiastical and rival races of the west, the native Scot- temporal authority. lie was probably tish, and the Scoto-Norwegian. Fer- the Cowarb of the church lands in quhard and the subsequent earls of his Ross, representing the head of the old family, who held Skye and the N'ordreys family of the district. Eastern Ross by grant from the Scottish kings, were was ]Drobably the portion in which the the great supporters of the royal inte- Scoto-Norse element preponderated, rest in these quarters, and the inveterate holding their Things loner enough in opponents of the Gall-Gael, Islanders, this quarter to impress vm name of and all who claimed to hold these Dingwall upon one of the capitals of islands as Norwegian fiefs, and conse- the modern county. Dingwall was quently leant towards the kings of still included in Caithness at the open- Norway. As the earldom was part of ing of the fourteenth centuiy. the dowrj'of Ada, one of prince Henry's 12 49-] THE WAR AGAINST JOHN. 5 his wrath upon Alexander for adhering to the cause of the revolted nobles. The Yorkshire barons, re- tiring at his approach, fired their villages, laid waste a. a 1216. their lands, and tendered their allegiance to Alexander on the very day on which John burnt the town of 12th fan. Werk. Morpeth, Mitford, and Alnwick, had already been destroyed ; Berwick and Roxburgh were carried by storm, Haddington and Dunbar soon sharing the same fate. In the train of the English sovereign came the mercenary Riders of Flanders and Brabant, whose atrocities were worthy of such a leader. " Thus will we bolt this little red fox from his earth," ex- claimed the king, as he encouraged his foreign bands in the perpetration of such enormities, that he was currently reported to have brought Jews in his train, to assist his cruelty in devising novel and unheard of torments. Alexander at first awaited the attack of the enemy in a position he had taken up upon the Esk, moving subsequently in the direction of the Pentland Hills, with the intention of intercepting the retreat of the English army. His own ravages, however, and the policy of the Yorkshire barons, prevented John from penetrating further than Had- dington, for he was soon obliged to retire from a district in which his troops would have perished before long for want of subsistence ; though his retreat was not commenced until his followers had outraged the feelings of the age by plundering the abbey of Coldingham, whilst John gave the signal for the conflagration of Berwick, by firing, with his own han5, the house in which he slept on his return.* The month of February found the Scottish army * CJiron. Mel. I2i6. Mat. Par. mony of investing Alexander with the 1 2 16, p. 191. Fordnn, 1. 9, c. 28. northern counties was subsequently The staff used by de Vesci in the cere- carried off by Edward I. -V 6 THE FEUDAL KINGDOM. [1214- engaged in retaliating upon Cumberland the ravages inflicted upon the fertile plains of the Lothians ; a body of lawless irregulars, imitating the conduct of the foreign mercenaries at Coldingham, by perpetrat- ing a similar outrage at Holmcultram. After the arrival of Louis of France, Alexander, who had returned to Scotland, again crossed the frontier, possessed himself of Carlisle, a town always inclined towards the Scottish connection, and uniting his forces with the retainers of the northern barons, traversed the whole length of England to Dover, to tender his homage to the French prince as suzerain of his fiefs in England. During the march towards Dover the lands of the confederates were carefully protected from harm, the vengeance of the allies being reserved especially for the partizans of John, whose territories were harried without mercy ; though not always with impunity, as one of the fore- most leaders was slain on the route, Eustace de Vesci, who was shot through the head, by a qiiai'-rcl, whilst reconnoitrincr Bernard Castle. As the con- federates passed Lincoln, they carried the town by storm, putting the garrison of the castle to ransom ; and on reaching London, a close alliance was con- cluded between the French and Scottish princes and the barons, all pledging themselves, at a conference held in the capital, never to conclude a peace with their mutual foe which should not embrace all and each of the contracting parties.* Compelled to remain a wrathful and unwilling- spectator of the triumphant progress of fhe allies throughout the entire length of his dominions, John determined to revenge himself by cutting off the * C/iron. Mci. and IValtcr of Cozvntry and the barons failed to keep their 1216. The chronicler adds that Louis engagement with Alexander. 1 249-] CONCLUSION OF THE WAR. 7 Scots on their homeward march, eivine orders for all the bridges by which they could cross the Trent to be broken down, and moving his own army in the direction of Norfolk. His intentions were frustrated by the sudden advance of the confederates, who were then besieging Windsor Castle ; and in the confusion 19th Oct. ensuing upon John's death, which occurred shortly afterwards, the followers of Alexander and the northern barons are said to have plundered the camp of the very army, with which the deceased king had intended to intercept their return.'" After a protracted investment of the castle of Carlisle, the garrison surrendered on promise of their lives ; and the fort at Tweedmouth, of which John seems to have ordered the reconstruction after the capture of Berwick, was destroyed by the Scots about the same time. In the following May, Alex- ander, again entering England, commenced the in- vestment of Mitford Castle; but upon learning thcA. n. 1217. result of the disastrous battle of Lincoln, raising the siege, he retired into Scotland, without engaging in further hostilities, until a threat of retaliation, held out by the wardens of the English marches, again collected a Scottish army for the defence of the southern frontier. Alexander, who meditated an- other invasion, had not advanced beyond Jedburgh when he received intelligence of the peace between Henr)^ and Louis, a clause in their treaty extending its provisions to the Scottish king, on condition of returning all conquests made during the late war ; and as -his acquisitions were limited to the town and castle of Carlisle, and the advisers of Henry enter- tained no desire of prosecuting a harassing and use- less contest, a reconciliation between the young kings '■ Fordun, 1. 9, c. 29. THE FEUDAL KINGDOM. [1214- was effected without difficulty, and a peace was speedily arranged. Accordingly, in the beginning of December, Alexander was released at Berwick from the excommunication which he had incurred through supporting the cause of English liberty and the barons ; and before the close of the same month, he received investiture at Northampton of the Honor of Huntingdon and his other English fiefs and dig- nities, performing homage in the usual manner.* His kingdom, however, still continued under the interdict ; and though their king appears to have encountered little difficulty in appeasing the anger of the Church, the Scottish people were not finally absolved from the consequences of their sovereign's policy, until they had largely contributed to the emolument of the legate Gualo.t * Chroii. Mel. 121 7. Fordiin, 1. 9, c. 30, 31. FQ:d., vol. I, pt. I, p. 148. Alexander was put in possession of all the lands held of him by Earl David in nine English counties (postquam) "fecit quod facere debuit," at Northampton. Rot. Clans, p. 348. "The Scottish historians," writes Dr. Lingard {Hist. Eng., c. 15, note 24), " say the homage was for lands in England. Mel. 595. Ford., 9, 31. Yet there is reason to believe that Alexander did not at that time hold any lands in England. See Kyiiier., 2, 266." The Foedera may be searched in vain for any notice of this transaction, whilst the idea that the vassal received his fiefs before the performance of homage is not quite in keeping with a thorough appreciation of feudal technicalities. Elsewhere the historian quotes the passage from the Close Rolls alluding to this homage, "Alexander Rex Scottorum venit ad fidem et servitium nostrum, et nobis fecit quod facere debuit." Here he stops, but had he concluded the letter — " Et ideo tibi (Vic. Line.) pra;cepimus quod ei sine dilatione plenam saisinam habere facias de omnibus terris et tene- mentis quae Comes David de eo tenitit in Balliva tua de Honore Hunting- dunense. Eodem modo scribitur Vic. Leic, Cantab, et Hunt., Norhamp., Rot- land., Bed. et Buckin, Essex et Middle- sex"- — it would have confirmed the correctness of the Scottish authorities, f In describing the progress of the legate's envoys the Melrose clu-onicler uses the expressions " progressi sunt in profiiudam Scotiam usque Aber- den" — the depths of Scotland as far as Aberdeen. The envoys appear to have fared well, for the Prior of Lindores was almost suffocated in his bed by a fire occasioned ' ' per incuriam et pro- digalitatem pinceriiarttm. " Scotsmen as well as Englishmen may look with interest upon the Church of Sant' Andrea at Vercelli, raised with the money levied from their forefathers by Cardinal Gualo — he seems to have been a collector of Anglo-Saxon MSS. as well as of English money— whose method of proceeding is thus graphi- 1 249-] DEATH OF EARL DAVID. 9 About two years after the restoration of peace a. d. 1219. Alexander lost his aged uncle, David, Earl of Huntingdon. Besides the Honor from which he derived his title, and which conferred upon him lands in nine Enelish counties, for all of which the kino- of Scotland was tenant-in-chief, David held the earldom of Garioch, and, at one time, that of Lennox also, together with the lordship of Strathbogie, and many other possessions in his native country." He is said to have followed the English Richard, and to have shared in the perils of the second crusade, founding, on his return from Palestine, the Abbey of Lindores in gratitude for his hairbreadth escapes ; though there are several difficulties in the way of the latter part of the story. Several children were the issue of his marriage with the sister of Randolph, Earl of Chester, two of whom, his sons David and Henry, predeceased him ; whilst his third son, John, sur- named " the Scot," who was under age at the time of David's death, lived to inherit the earldoms of Chester and Lincoln, in right of his maternal descent, in addition to the numerous possessions of his father. Of his four daughters, Margaret, the eldest, married Alan of Galloway ; their youngest child, Dervorguih carrying to the family of Balliol her pretensions upon the crown of Scotland : Isabella became the wife of cally described by a rhyming churcii- ward subsequently held the earldom of man smarting under his exactions : — Atholl during the minority of Patrick " Ultra modum Gualonem Scot! formidamus; '^6 Galloway. The kings of Scotland Totum quod expostulat, illi ministramus ; seem to have enjoyed great privileges Et quod volet petere, nisi tribuamus, ^^ i^ this manner, " Cum ab uno rege Dicit, vos suspendimus, excommunicamus. " r , • „ . o .• ' ^ ' feuda omnia recognoscerent hcoti, va- * Foi-diiu, 1. 9, c. 27, 33. Rot. sallo mortuo praadiorum fructus omnes Clans, p. 348. As two Aliiins, father usque dum filius unum et vicessimum and son, held the earldom of Lennox annum implessit, regibus Rdievi causa for many years during the lifetime of tribuebant, IVerdas autem vocant." David, he probably enjoyed the ward- IloUvna/i, quoted in Wrighfs Tenures., ship during a minority, just as Alan Dur- p. 89. I o THE .FE UDA L KINGDOM. [ 1 2 1 4- Robert Bruce, and the ancestress of an illustrious line of kings ; whilst Ada, the youngest, was united to Henry de Hastings, and the remaining sister Matilda died unmarried.* Some difference appears to have arisen, about this time, in carrying out the terms of the agreement formerly contracted between John and William ; for the six years named as the limit of the king of Scot- land's last concession had now expired, whilst none A. I). 1218. of the stipulations had as yet been fulfilled. Alex- ander referred the case alono- with other matters to the court of Rome, forwarding copies of John's letters to the pope, soliciting his decision to pronounce whether the arranofements to which those documents alluded were still to be carried out ; and Honorius, listening to the request of the king of Scotland, transmitted a full confirmation of all the liberties of A. D. 1219. the Scottish Church, and appointed Gualo's successor, Pandulph, to act as arbitrator in the other questions between the kings. Accordingly a conference was 2d Aug. held at Norham between Alexander, Pandulph, and Stephen de Segrave, the commissioner in behalf of the English king, and it was in consequence, appa- rently, of the decision arrived at upon this occasion A. D. 1220. that, in the course of the following year, both kings 15th June, met the legate at York, when it was arranged that Alexander should marry the Princess Joanna of England, or her sister Isabella, and that Henry should provide suitable alliances for the two Scottish * Vide BallioVs claim. Fwd., \o\. the I2th of July 1191. David married I, pt. 2, p. 776. Guy, first abbot of Matilda of Chester on the 26th of Lindores, died on the 17th July 1219, August 1190. Chron. Mel. ad an. " cum ipsum locum a fundamentis con- This leaves a very narrow margin for struxisset et fere per viginti his adventures, and indeed Boece is octo annos monasterium strenue rexis- the first authority who sends the prince set," Fordtm, 1. 9, c. 27. Acre fell on to the Holy Land. 1 249-] MARRIAGE OF ALEXANDER. ii princesses within the year. The only difficulty was the absence of the Princess Joanna, who had been betrothed in her childhood to Hugh de Lusig-nan, Count de la Marche ; but upon the death of John, Count Hugh, preferring the mother to the daughter, married the widowed queen of England, whilst he still retained the younger princess, in the hope, apparently, of deriving some advantage from her detention. It was not without some trouble that a. a 1221. Henry regained possession of his sister, when, in the following year, the two courts were again assembled at York, and in pursuance of the arrangement agreed upon at the preceding meeting, the Scottish king 19th June. was united to the Princess Joanna, whilst his eldest sister, Margaret, was at the same time given in mar- riage to Hubert de Burgh; though four years were still suffered to elapse before the hand of Isabella of Scotland was bestowed upon Roger Bigod.'"" * Chroit. Md. 122 1. ForJmi, 1. 9, Regiis monimentis consignata" (Afat. c. 34. Feed., vol. I, pt. I, pp. 152, Par. 1236, p. 296. Vide also Hot. 154, 157, 160, 161, 178. The six Fat. 4, Hen. III.) These Regia years from the 7th of February 1212 monianenta must have been the very must have expired on the 7th of Feb- letters of which copies were forwarded ruary 12 18. The letter of Honorius to Honovius, and they could hardly to Alexandei% dated the loth of No- have contained anything veiy burden- vember 1218, is placed in \S\q Fcedera some or disgraceful, or Alexander could by mistake under 12 19. I cannot have scarcely relied upon them for see why Dr. Lingard should have obtaining compensation. The decision supposed that Alexander applied to of the council, at which Pandulph pre- the Pope on account of " the burden- sided as arbitrator, and to which some and disgraceful nature of the Hubert de Burgh appealed in justifica- treaties which William had been com- tion of his marriage \Mat. Far. Addit. pelled to make with John." {Hist. p. 99), must have brought about the Eng., c. 15, note 13.) Eighteen years arrangement at York "in prsesentia later Alexander grounded the claims domini Pandulfi." It was probably a for which he received compensation compromise, and apparently in favour upon the terms of these veiy treaties of England, as Alexander subsequently (for there seem to have been more than obtained farther compensation. With one), and his demands on this occasion reference to the charges brought against are said by a contemporary English Hubert in 1238, it is worthy of remark historian to have been founded on that when he was deprived of the office justice — " quod pluris est, causa justa of justiciaiy in 1232, he was replaced 12 THE FEUDAL KINGDOM. [1214- Many years of peace followed these alliances, affording leisure to Alexander for attending to the internal policy of his kingdom, and his attention was soon directed towards the western provinces of his dominions. Althoueh the southern division of the Oirir-Gael, which was included in Scotia, had been the original cradle of the Mac Alpin family after the arrival of the Dalriads in Scotland, the connection be- tween its inhabitants, and the later princes of that race, must have been materially weakened by the establish- ment of Kenneth, and his successors of the line of Kintyre, upon the banks of the Forth. Cantyre, the leading portion of the original principality of the Clan Gauran, had long been settled by the Gall-Gael, still, indeed, being numbered amongst the dependencies claimed by the Norwegian kings ; whilst the remainder of the district once known as Dalriada, was peopled by offshoots from the neighbouring tribes, who appear to have been of Scoto-Pictish, rather than of Scoto- Irish, origin. The territories of the Oirir-Gael, how- ever, had never ceased to be included amongst the dominions of the Scottish kings, being subject, as such, to the spiritual jurisdiction of the bishop of Dunkeld until the division of the diocese ; whilst some of the early charters of the Scottish sovereigns contain royal grants of the Ca7i, or tribute, of Argyle, attesting their right of jurisdiction over the province in accordance with the earlier system of government.""" by the very Stephen de Segrave who was and elsewhere I use Cantyre for the the EngHsh commissioner for negociat- district, Alntyre for the whole princi- ing the original arrangement in 1219. pality.) After the institution of the 'If Segrave raised the accusations against sheriffdom, the name of Argyle proper de Burgh he must have known some- marked that district as distinguished thing about a transaction in which he from Lorn. The earliest mention of the was a principal actor. diocese of Lismore, or Argyle, occurs in * Reg. Diuif. No. 2. Ergaithel is a charter from Alexander to Harald, the here distinguished from Kentir. (Here first bishop, dated in 1228 {Reg. Momv. 1 249-] THE RACE OF SOMARLED. 13 In proportion as the power of the Gall-Gael declined, the ascendancy of the Oirir-Gael increased; the permanent addition of the southern Hebrides, or Sudreys, to the possessions of Somarled and his descendants, augmenting still further this preponder- ance. Upon the death of that ambitious chieftain, his dominions appear to have passed to three of his sons, Dugal, Angus, and Reginald, Dugal apparently being the eldest and his father's representative — for he had been chosen by Somarled to rule over Man and the Isles — and his descendants, retaining the original possessions of the family upon the mainland, were subsequently known as Lords of Lorn and Arg}'le. He died, probably, towards the close of the twelfth century, for about that time a contest between his brothers, Angus and Reginald, is noticed in theA. d. 1192. chronicle of Man, when the victory of the former may have established his right to claim predominance over the whole race of Somarled. Eighteen years later, Angus perished with his three sons in a similar a. d. 1210. battle ; and from that time the superiority throughout the western coasts and Highlands was divided be- tween the Clan Dugal of Argyle and Lorn, and the Clan Ronald of the Isles, the latter branch represented by the Clan Rory and the Clan Donald, the de- scendants of Reginald and Donald, sons of Reginald Mac Somarled.* No. 32). John Scot was the bishop of of Dugal, Olave, Donald, and Regi- Dunkeld, in whose time that diocese nald appear, as his sons, amongst the was divided {Fordtni, 1. 6, c. 40, 41), benefactors of the Church of Durham but the division is to be ascribed to [^Cot. Domit. vii. foL 13, 16). The the policy of Alexander rather than to Somarled alluded to in the Anecdotes bishop John's ignorance of Gaelic. of Olave the Black was a relation of * Chro7i. Man 1 192, 1210. Somar- Dugal's sons, and it was perhaps the led had other sons besides the three to son of this Somarled whose death is whom his knowTi descendants trace, recorded in ^.i^. J/. 1247. Mr. Skene Olave is mentioned by the Chron. Man, [Highlanders, vol. 2, p. 45) is of Gillecolum by Fordun, and the names opinion that the younger Somarled was 14 THE FE UDA L KINGD OM. [ i 2 1 4- From the meagre and barren details of the cam- paign of Alexander in the Western Highlands, which have been handed down by the chroniclers of a later period, it would be impossible to determine whether it was provoked by any active participation of the provincial magnates in the insurrections in favour of Mac William, or whether the cordial understanding existing between the young king and his brother-in-law, Hubert de Burgh — who, as guar- dian during the minority of Henry, was the actual ruler of England — prompted Alexander to take ad- vantage of the security of his southern frontier, and extend his authority over the west. In the course A. D. 1220. of 1220 he had assembled an army at Inverness against Donald Mac Niel, a name unknown to history, with what success it would be impossible to say; though, apparently, he had reason to be dis- satisfied at a certain backwardness on the part of some of his followers in attending the royal Jiost, or A. I). 1221. muster. Accordingly, on the second Thursday in the following Lent, it was decided at Perth, by " all the judges of Scotland and Galloway" there assem- bled, that King William's regulations about " the Ban" should be strictly carried out, and fines levied upon every " Thane, Ogtiern, and Carle," who had failed in the due performance of " the Scottish ser- vice" by which he held his land; though, as the a son of Gillecolum, who reigiied as but just before the death of Alexander, theheir and representative of his grand- and upwards of eighty years after the father for upwards of fifty years ; but deaths of the real Soniarled and Gille- the Chronicles of Melrose and Laner- colum ; and the tale, which, as usual, cost, W)Titon, Fordun, and Major, are is copied by Buchanan, is evidently all silent about Somarled the successor founded on some confused account of of Somarled. Boece brings Somarled the actual transactions between Alex- the son of Somarled " be the Erie of ander and Ewen Lord of Arg)le {Bel- Marche with ane corde about his hals lenden's Boece, hV. 13, c. 15. Buck.. afore the king," not, however, in I22I, ). 7^ c. 94). 1 249-] INVASION OF ARGYLE. 15 amount of the fine to be assessed upon the Earls for the absence of their Thanes, though alluded to, was not further mentioned, a course which would have been scarcely followed if the earl's retainers had been backward in their attendance, it may be inferred that the great Gaelic magnates, or their representatives, were by this time generally free from disaffection." During the summer of the same year, Alexander was at York, and after the double mar- riage celebrated on the 19th of June in the ancient capital of the north, he could have scarcely returned to Scotland, with his English bride, before he gathered around him the contingents of Galloway and Lothian for the invasion of Argyle, and put to sea, probably to avoid the difficulties and delays of a march by land through the mountain passes leading to the Western Highlands. The autumn, however, appears to have been too far advanced, for he narrowly escaped shipwreck, and was obliged to put back with his fleet into the port of Glasgow ; but the expedition was only deferred to a more favourable season, and in the following May, after the rigours of a highland winter had passed away, Alexander a. d. 1222. -^ again advanced into Argyle, little or no opposition apparently being offered to the progress of the royal army. All who were too deeply implicated in past rebellions to entertain any hope of pardon, fled for their lives at the approach of the king's forces, and their forfeited territories were distributed, at the royal * Stat. Alex. 11. 2. The seventh year Scottish Argyle that Alexander under- of Alexander was from the 9th of De- took the expedition. The regulations cember 1220 to the 9th of December about " the Ban" were probably laid 1 22 1 ; so that the Council at Perth must down, or regulated, in the preceding have been held in Lent 1221, and the reign, as the words of this statute are muster at Inverness was probably in "as in the laws of King William is 1220. It may have been to punish this declaryt." very backwardness in " the barons" of 1 6 THE FEUDAL KINGDOM. [1214- pleasiire, amongst adherents upon whose fideHty greater reliance could be placed. Nor was the opportunity overlooked for replenishing the royal coffers by the exaction of heavy fines, the majority of the " Barons of Argyle" being permitted to retain their properties, on submitting to pay " the Ban" as a punishment for past offences, and on giving hos- tages for their future fidelity. No known member of the race of Somarled appears to have been for- feited, the great chieftains of the Oirir-Gael either being too powerful to be summarily dealt with, or, more probably, because backwardness, rather than open disaffection, was the offence of which they were \ considered guilty.'"' "\ A thorough re-construction of Scottish Argyle was the result of the royal success, and it was with- drawn from the jurisdiction of the Earl of Atholl and the Abbot of Glendochart, and, with the whole, or portions, of the neighbouring districts of Cowal and Cantyre, similarly withdrawn from the superin- tendence of the Earl of Menteith, placed on the footing of the rest of Scotia, and known henceforth * IVynkm, bk. 7, c. 9, 1. 291-98. certain royal grant, which must have Fordiin, 1. 9, c. 34. According to the been of large extent, for the sum was former "the Ethchetys of the lave, more than the "annuity" for which to the lordis of thai land he gave," Alexander resigned his claims upon sui-ely meaning the lords of Arg)de. Henry in 1237. The giant probably The words of Fordun are "his qui represented (as in the case of Magnus secuti sunt, pro sua voluntate." The Olaveson, who held his kingdom of names of the known descendants of Man "at farm" in a similar manner) Somarled never occur amongst the the hereditary possessions of Ewen — rebels forfeited for treason, and they Lorn in short, confirmed and held by were probably too much occupied in the old Scottish tenure of rent ; or the extending their authority over the restoration of some forfeited property. Western Isles to interfere much in the {Robertson'' s Index, p. xi., xvi., xxiv.) politics of the mainland. At a later The result of Alexander's invasion of period, the Earls of Fife, Mar, and Argyle was very similar to that of Atholl, with other nobles, became Malcolm IV. 's conquest of Galloway "wanenters" that Ewen of Argyle — the subjection, not the eradication, of should pay 320 marks annually for a the leading proprietary. 1249-] ROYAL POLICY IN ARGYLE. 17 as the Sheriffdom of Argyle. The northern division of the older province, under the title of the lordship of Lorn, remained in the immediate possession of the head of the clan Dugal and representative of the elder line of Somarled, who seems to have retained this portion of his ancestral territory on the mainland upon the usual conditions of the ancient Scottish tenure, whilst the rest of the sheriffdom was, of course, more directly under the authority of the royal Vicccomcs. About the same time the extensive diocese of Dunkeld was divided, and its western portion, corresponding with the newly elected sheriff- dom, placed under the superintendence of a separate prelate, whose residence was in the island of Lismore, and who was known as the bishop of Argyle ; the reason for this change being — scarcely the bishop of Dunkeld's supposed ignorance of the Gaelic lan- guage, which would have bound him, if consistent, to resign the whole diocese, but rather the additional support thus afforded to the royal authority by the appointment of a direct ecclesiastical head of the province ; for at this period the bishop, or his senes- chal, and the Frank-tenantry upon the church lands, formed an important portion of "the community" which assembled at the county meetings, or per- formed the duties, incumbent upon their tenure, in the royal army. No confiscations on a great scale appear to have resulted from the campaign of Alex- ander in Argyle. The race of Somarled still re- tained their original position as the leading magnates of the province, a position yet held by their senior representative in the female line ; and whilst in Moray, and on portions of the eastern coast of Ross, Norman and other settlers were thickly planted upon the lands once held by the adherents of Mac Heth, VOL. II. c THE FEUDAL KINGDOM. [1214 1 5 til Sept. comparatively little, if any, change is traceable amongst the " Baronage" of Scottish Argyle.'" In the course of the same autumn, Alexander was at Jedburgh on his way to visit England, when he was shocked at receiving intelligence of the bar- barous murder of Adam, bishop of Caithness. The bishop, it appears, had been over -rigorous in exacting tithes and other ecclesiastical dues, which he had increased, principally at the instigation of a monk of the name of Serlo, to double their original amount ; and after a vain appeal to Earl John, who declined all interference in the matter, the bonders went in a tumultuous body to the episcopal residence at Haw- kirk, where a short and angry conference was brought * It was the policy of the Scottish kings to support the Scottish element in the west against the Scoto-Xor- wegian, and any changes brought about in the "baronage" of Argyle were probably effected in accordance with such a policy, rather than by any gene- ral introduction of a foreign element. Cowal belonged traditionally to the Clan Lamond, whose x\2ixae.— Lagman — points to a Scoto-Norwegian origin ; their connection with the Gall-Gael being confirmed by their appearance amongst the pretenders to the sove- reignty of Man, under their Gaelic name of Mac Erchar. In the northern part of the same district will be found Stralachlan, the Strath of Lachlan, the ancestor of the Mac Lachlans ; and it was also the original home of the Mac Arthurs of Strachur, the senior branch of the Clan Campbell. Both these families are supposed to have acquired their properties by matri- monial alliances with the Lamonds, a similar alliance with the heiress of Paul O'Duinne bringing Loch Awe to the ancestor of the Dukes of Argyle. Traditionary alliances of this descrip- tion are generally problematical, and the rise of all these families probably dales from this period, whether they are to be looked upon as foreign settlers, or, as is more probable, native projirietors placed in direct depend- ance upon the sovereign. Their con- nection with the sheriffdom of Argyle, which they are sometimes supposed to have held "in fee," much accelerated the rise of the Campbells of Loch Awe. It is singular that the MS. genealogies trace this family to King Arthur, whilst none of the Irish accounts of their origin deduce it from a Milesian source, regarding them, apparently, as Fir- Bolg. There may have been a tradi- tion in early times of their Scoto-Cum- brian origin, traceable, perhaps, to the British name of their earliest known ancestor, Arthur. The advo- cates of their Norman descent ought to show that they were ever known as " de Campo bello;" that there ever was such a place to give the title ; and if it was the Latui version of their name, what was the name thus Latin- ized ? It would have been Bcauchamp. 1 249-] MURDER OF BISHOP ADAM. 19 to a close by the double murder of the bishop and his obnoxious adviser Serlo. As soon as he was informed of the outrage, Alexander hurried to the north, to call Earl John to account for permitting this deed of violence ; and thouo-h the earl was able to clear himself from all suspicion of any active par- ticipation in the crime, the king punished him with — \ a heavy fine, and by the forfeiture of half his earldom, for failing to display sufficient energy in avenging the murder of the bishop. All who were concerned in the riot, as well as in the actual perpetration of the offence, suffered according to the degree in which they were implicated, and many years elapsed before the executions, mutilations, and outlawries, by which the deed of blood was avenged, were obliterated from the recollection of the bonders of Caithness. Intelligence of the crime, and of the prompt and speedy vengeance inflicted by Alexander, was imme- diately forwarded to Rome by the Scottish prelates, who dreaded the advent of a legate who might extend the fines beyond the limits of Caithness ; but as a year passed away without the appearance of a papal functionary, their fears gradually subsided, and the earl was allowed eventually to redeem his for- feited territory at the price of another large payment ; though nine years later, when John was burnt to death in his own castle, there were many who looked upon the catastrophe of the ill-fated earl as a just retribution for his indirect connivance in the murder of bishop Adam.* It may have been in consequence of the measures a. d. 1224. ^'r' of Alexander in the western Highlands that, about two years after his invasion of Argyle, a member of * ChroH. Mil. 1222, 1231. Fordun, Rch. Alh. p. 355. Robertsons Index, 1. 9, c. 38. Ork. Saga in Col. dc p. xxv. 2 THR FEUDAL KINGDOM. [1214- the Mac William family, Gillescop, again made his appearance in Scotland. He was accompanied by a certain Roderic, and as a "baron" of that name had been dispossessed of Bute and Arran, the companion of Gillescop may have been the former proprietor of the forfeited islands. Nothing is known of this revolt beyond its issue — a total failure — and Mac William, destined to be the last of his race, was executed at Forfar with his whole family, not even his infant daughter, a child just born, escaping the axe. Little more is known of the causes of another .\.i.. 122S. revolt which occurred a few years later in the High- lands of Moray, in which another Gillescop appears to have been the principal actor. He was probably Gillescop Mahohegan, who, for not bringing his hostages on the appointed day, was condemned at Edinburgh, in his absence, by the unanimous verdict of the judges of Scotland and Galloway, assembled "on the Sunday before St. Denis's day" in the Chapter House of Holyrood. He appears to have been an influential personage in Badenoch, who — perhaps, in consequence of this judgment — broke out into open rebellion, burning several wooden forts, and the greater part of the town of Inverness, sur- prising and killing Thomas of Thirlestane, a baron of the neighbourhood, in his own castle, and holding his ground for several months amongst his native mountains, until he was captured, in the following A.I). 1229. year, with his two sons, by the Earl of Buchan, who forwarded to Alexander the heads of his prisoners as the surest testimony that the revolt was at an end.* * Fordiui, 1. 9, c. 38, 47. Citron, it was at any rate after the events in Lan. 1230. Stat. Alex. II. 3. It is Argyle, which may have been the rrt';«<', difficult to gather from Fordun wlicthcr but scarcely the restilt, of his incursion, the insurrection of Gillescop Mac W^il- The Chroii. Lan. places the rising in liam took place in 1222 or 1224, but 1230, evidently confounding the first 1249] EXPEDITION OF OSPAC. 21 Argyle was now a Scottish sheriffdom, and the race of Somarled held their possessions on the main- land as fiefs of the Scottish crown ; but they were still feudatories of Norway for their island territories, though their allegiance towards their distant overlord would appear to have sat lightly upon the lords of the southern isles. Man, with its dependencies, was held of the Norwegian crown by the payment of ten marks of gold on the accession of every sovereign, and a similar acknowledgment was probably all that was expected from the lords of the Oirir-Gael, who held the Sudreys.* The proceedings of Alexander, however, appear to have aroused a feeling of mistrust in the mind of Haco, the Norwegian king, which may have been fomented by Olave of Man, who arrived about this time in Norway to seek the usual confirmation of his title, and who must naturally have felt uneasy at the threatening extension of the Scottish power in the neighbourhood of the northern isles. Amongst the partizans of the Birkbeiners at the Norwegian court, the wild but faithful adherents to whose attachment Sverre, the grandfather of Haco, had been indebted for his throne, was the Scottish Ospac, who was supposed to have some pretensions to share in the blood of Somarled — he was represented, indeed, as a son of the elder Dugal — and availing himself of Ospac's claim, Haco asso- ciated him with Olave, on his return to Man, as the representative of the race of Somarled acknowledged by Norway, providing him with a fleet to support with the second Gillescop, who was Morav. No. 76, which must be dated probably the owner of Badenoch, for before 1231, as Walter Cornyh, there immediately after this outbreak that mentioned, was Earl of Menteith by district was in the possession of the that time. ) Comyns, perhaps as a reward foi' the services of the Earl of Buchan. {Reg. * Citron. Rob. dc Moiiic wbd. 2 2 THE FEUDAL KINGDOM. [1214- his pretensions to the kingxlom of the Sudreys. On 230- the arrival of Ospac in the western seas, Duncan and Dugal, who, with a kinsman of the name of Somarled, were then all powerful amongst the southern Hebrides, either from policy or because his claim was really true, received their relative with a cordiality which aroused a suspicion of treachery in the minds of the Norwegians ; and, suddenly attacking the Sudreyan chieftains, they seized upon Dugal and Somarled, the latter losing his life in the fray, whilst Duncan only avoided the fate of his kinsman by escaping to the mainland, through the connivance of his newly found brother. Haco's intentions, however, were frustrated by the death of Ospac, who lost his life, shortly after this attack upon the Sudreyan lords, in storming a castle in Bute ; and after a few descents upon Cant)Te, in which they sustained quite as much damage as they inflicted, the Norwegians returned to their own country, and the Sudreys again reverted to the lords of Argyle.* \^ The last of those attempts against the reigning family, which had once shaken the throne to its foundation, resulted only in a miserable failure, and the names of Mac Heth and Mac William, which once would have rallied around them half the kino-- dom, barely sufficed, latterly, to raise a single barony. Henceforth the whole of the western coast was closed against attack. Caithness, after the death of Earl * Anecd. of Olave. CJuvn. Lan. nald. The family of the elder Dugal 1230. The title of king of the Sudreys were e\'idently at this period the is given by the Norse writers to the acknowledged Seniors of the whole elder Dugal, to Duncan and his brother race of Somarled ; the division of the Dugal, and to Ewen, from whom it family into the lords " de Ergadia" and was transferred during the expedition " de Insulis" resulting probably from of Haco to Dugal Mac Roderic, head the policy of the Scottish kin. 1236. disputes between Henry and his barons; but when he was threatened with the revival of such dangerous claims, he met them, in the usual manner of the age, with a counter-claim, at once asserting his own rights * Gilbert the Maresclial was ad- mitted to terms in June 1234. On the 4th of January 1 235 , Pope Gregory writes that the king of England had laidy represented to him that an amicable convention had been formerly arranged between Henry and John on the one part, and William on the other; in accordance with which William and Alexander performed homage and swore fealty to the kings of England for them- selves and their successors, together with the earls and barons of Scotland, who became bound to hold by the English kings if their o^^^l sovereigns fell off from this convention : with more to the same purport, copied from the treaty of Falaise. A clause in the subsequent treaty of York proves that no such "amicable convention" existed; for after covenantmg for the mutual restoration of all writings and mstru- ments relating to the Scottish mar- riages, or to the agreements comiected with them which had been entered into by John and Henry, or William and Alexander, a reservation was made, " quod si in ipsis scriptis vel instru- mentis aliqua; capitula, negotium prre- sens non tangentia, inveniantur, qupe alterutius Regum utilitatem contineanl, debent pncdicia capitula per titriitsqjtc Rcgum literas innovari.'''' Had the treaties between John and William contained anything like a renewal of the convention of Falaise, such an arrangement would have been retained in force by this clause ; and as no such letters exist amongst the English archives, it is very evident that no agreement of this desciiption had ever been sanctioned either by William or Alexander. "The amicable conven- tion between Henry and John on the one part, and William on the other,"— an impossible combination of charac- ters, of which eveiy contemporary his- torian was ignorant — must take its place amongst the numerous myths of a similar description, fabricated to sup- port the English claims. Indeed, it appears to have been so completely forgotten, that it was neither alluded to in the treaty of York, nor revived in Edward the First's letter to the Pope. Vide Feed., vol. i, pt. i, p. 214, 215, 233» pt- 2, p. 932. 1 249-] THE COUNCIL OF YORK, 31 to the northern counties, and threatening to support his pretensions with the sword. With the view of adding to the number of his supporters, perhaps, in case of an appeal to arms, he bestowed the hand of his remaining sister, Marjory, upon Gilbert the Mares- chal, who had succeeded to the ascendancy of his brother Richard in the councils of the English national party ; and upon the reception of the papal admonition already mentioned, he commissioned his envoys to present themselves at the council of London, and demand the chartered rights of their 28th April. king.* No definite answer was returned at the time, but, in the course of the same year, Henry met the Scottish king at Newcastle, when Alexander, repeat- ing his demand, maintained that he could prove the justice of his claim by the testimony of the barons of Northumberland and the best men in England, as well as by charters and other documents ; asserting that it was infamous to annul the promises of a king, when they were supported by the testimony of his own nobles. The majority of the English barons threw the whole weight of their influence upon the side of Scotland, reminding Henry of the danger of provoking a war upon his northern frontiers whilst Wales was disturbed and France hostile ; above all, when the cause of Alexander was just : and it was mutually agreed that the countries should remain at peace until the conclusion of a satisfactory arrange- ment. The whole question was finally set at rest in the following year, at a great council held at York in a. d. 1237. * Mat. Paris 1236, p. 294. An as the aggrieved party, resisting the attention to dates shows that Alex- claims of Alexander by an appeal to ander did not raise his claim until three the Pope. How an appeal to the Pope, _ymrj after Henry sanctioned the appeal made in Januaiy 1234, could have of the Archbishop of York. The resisted claims put forward in April English king was undoubtedly the 1236, is a mystery which I do not pre- aggressor ; yet Lingard represents him tend to solve. 32 THE FEUDAL KINGDOM. [1214- the presence of Otto the cardinal legate, when Alex- ander bound himself to renounce all farther demands upon Henry, in return for a grant of lands in the northern counties of the annual value of 200 pounds, for which he performed the usual homage : and thus were compromised, after the lapse of nearly a hundred years, all the claims which the Scottish kings had never ceased to assert upon the patrimony of their maternal ancestor, Waltheof.* After the conclusion of the treaty of York, the Queen of Scotland returned with her brothers to the south, her adopted country seeing her no more, as her health had been long declining, and she died in A. i>. 1238. England in the following March. About nine months before the death of the queen, John Scot, Earl of Chester, Lincoln, and Huntingdon, the last male heir of Earl David, was poisoned by his wife, a daughter of Llewellyn of Wales — such is the account of the contemporary historian — his English fiefs re- verting to his sisters, subject to the superiority of their cousin, the king of Scots. A year elapsed after * Chi-on. Mel. 1236, 1237. Mat. say which. It may be a question how Paris 1236, p. 295; 1237, p. 301. far the original " charters and letters " Feed., vol. I, pt. 1, p. 233. The Scot- of John and William were cancelled by tish demands for satisfaction were for — the remission of half the sum to be I. The old claims on the northern ■^■x^^ pro qiiodmn fine {Robertson'' s Index, counties. 2. The non-performance of p. xx.) Paris says the cause of Alex- John's agreement in return for 15,000 ander was just, and this treaty appears marks given "pro habenda benevo- to bear out the remark of that historian, lentia domini nostri . .. etproconven- Fifteen thousand marks were offered tionibus tenendis quae inter ipsum et nos for the northern counties by William factK et per cartas nostras hinc et inde to Richard ; the same sum to John confinnata; sunt." 3. The breach of pro qnodam fine. Richard offered the the agreement between John and Wil- counties without their castles. Alex- liam relating to the marriages of the ander obtained lands of the yearly value Scottish princesses. 4. A similar breach of two hundred pounds in the northern of the agreement between Henry and counties, zuithout any castles. This Alexander touching the marriage be- compromise was not unlike the offer tween the former and the princess of Richard. Margaret or Marjory — it is difficult to 1 2 49-] UNION WITH MARY DE COUCI. 33 the death of Joanna of England before Alexander sought the hand of Mary de Couci, a daughter of Ingelram, the head of the great French family of that name ; Walter the Steward, and the Bishop of Glas- gow, were deputed to conduct the future Queen of Scotland to her new kingdom, and upon the 4th of September 1241, a prince was born, who wasA. d. 1241. destined within a few years to succeed his father as Alexander the Third.* When the King of England was drawn into a war with France from espousing the cause of his mother Isabel and her husband, the Count de la Marche, he displayed his reliance upon the honour of Alexander by committing to the charge of the Scottish king the custody of the English marches ; * Chron. Mel. 1-2.11-% 1241. RTat. Paris, p. 301. One of those singular assertions by \\'hich the competitor Bruce endeavoured to set aside the undoubtedly prior claim of Balliol to the Scottish crown is connected with this period. He maintained that Alex- ander, on the verge of senile old age, and despairing of an heir, with the unanimous consent of his clergy and baronage assembled in council, pro- nounced Robert Bruce, ike son of Isa- bella, to be the heir to the crown in preference to Dervorguil, the daughter of the elder sister Margaret. As late as the middle of the year 1237, John Scot, Earl of Huntingdon and Chester, was the heir male of Earl David. In March 1238, nine months after his death, died the queen of Scotland. Alexander remarried in 1239, and a prince was bom in 1241. The date of this supposed occurrence must lay be- tween June 1237 and September 1 241 at the very latest, though it is certainly as difficult to imagine how the king could have despaired of heirs at anytime after the death of his first queen, as to VOL. II. D conceive how a man between thirty- nine and forty-three — only twelve years older than Bruce himself, who survived Alexander for six and forty years — could be described as verging on a senile old age ; or to conjecture how a transaction of such importance could have escaped the notice of every con- temporary historian ! But even if the king had despaired of heirs before he was forty years of age. Earl David's daughters were never the heiresses of the crown during the lifetime of Alexander, whose sister Isabella was alive in 1253 [Mat. Paris, p. 581) ; whilst the accu- sation against Hubert de Burgh, that he had married the prmcess Margaret ' ' cutn spe regni Scotoritm si fratrem super- vixisset" (Mat. Paris., p. 259), clearly proves that his own sisters were looked upon as the heiresses of Alexander if he had died childless. The claim of Bruce is only another instance of the effrontery with which the most ground- less pretensions were put forward in those days. Vide Palgravc's Doc. etc. , Iiitrod. XV., ap. ig. 34 THE FEUDAL KINGDOM. [1214- though he failed not, at the same time, to ensure the friendship of his ally, by betrothing his infant daughter Margaret to the newly-born prince of Scot- land, and by at length putting him in possession of all the lands which had been assigned him, four years before, by the treaty of York.* A catastrophe, how- ever, that occurred in Scotland during the absence of Henry upon the Continent, all but led to a rupture between the kings. At a tournament held near Haddington, Walter Bisset, a powerful baron, de- scended from a Norman family which had acquired large possessions in the earldoms of Mar and Moray, encountered Patrick of Galloway, Earl of Atholl, a young nobleman of great promise, whose father, Thomas, the younger brother of Alan the Constable, had acquired the earldom by his marriage with Isa- bella, the heiress of the fief Bisset was overthrown by his youthful competitor, and as a feud appears to have existed between the families, his defeat aroused a fierce desire of vengeance in the breasts of his kins- men and followers ; and on the night after the tourna- ment, the unsuspecting earl, who is said to have been vainly warned of his danger by the wife of his enemy, was burnt to death, with two of his attendants, in the house where they were sleeping at Haddington. Some said the building had been fired to conceal a previous murder; others declared that wood had been purposely heaped up on every side to prevent the escape of the inmates; whilst the Earl of Dunbar, and all the friends and partizans of the sufferer, united in denouncing the BIssets as the perpetrators of the crime, accusing Walter of instigating his nephew John to the commission of the actual murder. Nor did they stop here, for they aimed at eradicating * Mat. Paris 1242, p. 395. Feed., vol. i, pt. i, p. 244. 1249.] THE MURDER OF EARL PATRICK. 35 the very name of Bisset from the land, openly charg- ing the head of the family, William Lord of Aboyne, with abetting the bloody doings of his kinsman. It was in vain that William protested his innocence, whilst the queen offered to prove that he was in attendance upon her at Forfar on the actual night of the catastrophe ; for the royal party had been staying at the castle of Aboyne, and, after the departure of Alexander, the Oueen was returnino- southwards, under the escort of William Bisset, on the very day of the tournament at Haddington. It was in vain, also, that he caused his chaplains to excommunicate all who were implicated in the murder, entreating the bishop of Aberdeen to publish a similar sentence throuofhout the diocese. His cog-nizances had been recognised in the town of Haddington ; his retainers had been seen during the night of the fire ; and these were sufficient proofs of guilt in the eyes of John the Red Comyn, and his uncle, the Earl of Menteith, to justify their harrying the lands of the obnoxious baron, who sought shelter from their attacks within the walls of his castle of Aboyne. Incensed at this lawless outrage, for he had already appointed a day for the trial of William Bisset at Forfar, Alexander dispatched a party of his immediate personal retainers to the north, for- bidding the Comyns to prosecute their private feud, and charofine the authorities of Mar to see to the safe conduct of the accused to the place of trial. On the appointed day, Bisset arrived at Forfar, and offered to prove his innocence by wager of battle, declining to submit to the judgment of his peers, the course suggested by his enemies, probably on the plea that they were prejudiced against him, and preferring, with good reason, to throw himself on the L 36 THE FEUDAL KINGDOM. [1214- mercy of the king. Alexander postponed his decision until the assemblage of the great Moot at Edinburgh, in which it was determined that the Bissets should be banished from the country, forfeiting all their possessions, and only escaping death by swearing on the sacred relics to devote the remainder of their lives to warring against the infidel, for the benefit of Earl Patrick's soul. Even after their sentence was made known, it was with difficulty that they eluded the murderous designs of their enemies, and the king was obliged to conceal them for three months before an opportunity occurred for conveying them, with the utmost secrecy, out of the kingdom.* A. D. 1243. The oath which they had so solemnly sworn in the great council at Edinburgh seems to have sat lightly on the consciences of the Bissets, nor do they appear to have considered it at all incumbent on them to peril their own lives in a foreign land, for the * Chron. Mel. I242, 1243. Mat. This diffevence is attributable to the Pai-is 1242, p. 397. Fordun, 1. 9, c. altered circumstances of the period in 59, 60. Wynton, bk. 7, c. 9, 1. 467 which the later writers flourished. The to 594. Such appears to be the sub- name of Comyn was most unjustly held stance of this story. Paris distinctly in detestation, whilst the brilliant suc- charges W^ alter with the murder; the cesses of the great restorer of Scot- chronicle asserts that John was the land's liberties shed a lustre upon his actual peq:)etrator of the deed, at the party which few of them deserved, instigation of his uncle ; and this seems To this party the Bissets belonged ; to have been the truth, for though both hence Fordun and Wynton, biassed by William and Walter appear to have the prejudices of their age, eagerly returned to Scotland (if indeed the dilate upon the undoubted innocence former ever left the country), John, as of William, and make no allusion to if despairing of pardon, or through fear the really guilty parties. This leaning of retaliation, settled permanently in of Fordun in favour of the party whose Ireland. John was also the especial representatives became the patriots of object of the vengeance of Patrick's his days can easily be detected in his brother, Alan. Neither Wynton nor accountsofthereigns of the Alexanders, Fordun allude to John or Walter, but though, had he lived at that time, he they dwell upon the absence and inno- would probably have been a sturdy cence of William, slurring over the supporter of the Comyns and the iia- actual catastrophe, about which the tioiial partv. earlier historians are positive and diffuse. 1249-] WALTER BISSET IN ENGLAND. 37 good of their murdered victim's soul. John crossed to the opposite coasts of Ireland, where he received a large grant in Ulster from the head of the De Burghs, narrowly escaping with his life, when Alan, a natural son of Thomas of Galloway, harried his lands, burnt his castle, and massacred his people, in revenge for the murder of his half-brother. Earl Patrick.* Walter sought refuw at the Enelish court, where he represented himself as the victim of a rebellious faction which the Scottish king was totally unable to control. He denied the right of Alexander to deprive him of his lands, artfully assert- ing that as Henry was the superior lord of Scotland, his consent ought to be obtained before any baron of that country could be forfeited ; whilst he also soup;ht to rouse the an^er of the Eno-Hsh kine aeainst his kinsman and ally, by representing that the latter had afforded shelter to Geoffry de Marisco, a con- demned traitor flying from the sentence of the Eng- lish court. The crafty exile had adroitly chosen his time, for the weak and fickle Henry, ever a tool in the hands of others, had just returned from an inglorious expedition into France, and was eager to find an excuse, however trifling, for venting his * Forditn, 1. 9, c. 62. John's son of Scotland for not repressing the held large possessions under the Earl attacks of the Comyns on t/ie lands of of Ulster in 1279 in the Glens of William Bisset. The vacant office was Antrim, and became the ancestor of bestowed upon Alan Durward, whose the Clan Eoin Bisset of the Glynnes, rivalry with the Comyns may date from who gradually assumed the name of this appointment. The name of Mon- Mackeon. True to their old ties, the tealt appears subsequently amongst Irish Bissets held to " the rebellious the national party. The division of Scots," and were forfeited in conse- the office of Justiciary of Scotland led quence by Edward II. in 13 19 {Vide to the subsequent appointment of two Reeves's Ecc. Hist, of Down, etc., pp. Justiciaries, one for Scotland between 288, 325). It is very doubtful if Wil- Forth and the Mouni/i, the other for liam Bisset was ever forfeited, for in Scotland beyond the Moiuith. {For- 1244 Alexander removed Melville and dun, 1. 9, c. 62. Reg. Glasg. Nos. 179, Montealt from the office of Justiciaries 183.) 38 THE FEUDAL KINGDOM. [1214- chaerin at his failure. The conduct of the Scottish king during the absence of his ally could scarcely justify a doubt of his loyalty, or suggest any appre- hension of a change in his friendly feelings ; though ever since his marriage with Mary de Couci — a member of a family which, as French, was necessarily supposed to be hostile to English interests — the bonds of intimacy between the kings had imper- ceptibly become relaxed. A report next reached Henry that Alexander, who may have heard of the machinations of Bisset against the liberties of his kingdom, had asserted with indignation that he never had been the vassal of England for a particle of Scottish land, and that he never would acknowledge such dependance upon her sovereign. Everything, therefore, appeared to favour the designs of the banished traitor for promoting a rupture between the two kingdoms, and Henry, in anticipation of the impending contest, secretly engaged his wife's uncle, Thomas of Savoy, who was at that time Count of Flanders, to cross the channel with a considerable force, and support his attempt upon the dominions of his former ally.* A.D. 1244. Both parties prepared for war. Henry addressed letters to upwards of twenty of the native Irish chief- tains, exhortinor- them to unite with the English justiciary in affording every assistance to the cause of their liege superior, whilst he ordered the con- * Chron. AM. 1244. Mat. Paris especial reference in his letter to the 1242 (p. 397), 1244 (p. 432). Bisset's Pope — to have afforded shelter to arguments clearly show the real situa- Geoffry de Marisco. Fordun care- tion in which a Scottish king would fully conceals the name of Walter have been placed had he held his king- Bisset, and though he frequently quotes dom as a fief of the English crown, from the Chronicle of Melrose, scruples It would have been contrary to one of not to write " quidem Scotus aijus the clauses of the Convention of Falaise nomen m Chrcnicis i-eticdur.'''' — a clause to which Henry III. made 1 249-] RESULT OF HIS INTRIGUES. 39 centration of the whole miHtary force of England upon Newcastle-on-Tyne.'" Five thousand knights, in obedience to his summons, gathered around the banner of their sovereign, with a body of infantry numerous in proportion ; and deep was the indigna- tion of the haughty barons of England, when the Count of Flanders joined this vast array with his promised contingent, an insignificant addition, in point of numbers, to the brilliant ranks of the English chivalry, who proudly deemed their own forces amply adequate to effect every purpose of their royal master, without the aid of foreign mercenaries. Less fortunate than his adversary, Alexander was disap- pointed of the succour he expected from abroad, for a body of troops, dispatched from France by John de Couci to the assistance of his brother-in-law, was in- tercepted on the passage, and never reached Scotland. But in the attachment of his own people the Scottish king possessed a surer source of strength than in any assistance he could have derived from foreign auxi- liaries, and a hundred thousand men, pledging their fealty to their sovereign at Caldenlee, rallied round his standard in the hour of danger. A thousand only were mounted — on good and serviceable horses, says the English chronicler, though not of the costly breed of Spain and Italy; the rest were on foot, but all were animated with the same determination to support their royal leader in a just cause, and defend the liberties of their native land. Such was the army with which Alexander marched into England, thus anticipating the threatened invasion, establishing himself in an entrenched camp near Ponteland, in Northumberland, for the double purpose of observ- ing the movements of the hostile force at Newcastle. * Fixd., vol. I, pt. I, p. 256. Rot. Pat. ad an. 28, Hen. III. 40 THE FEUDAL KINGDOM. [1214- and of awaiting the reinforcements promised by his powerful Enghsh connections, as well as by the barons of the adjoining country.* The resolute bearing of Alexander was not with- out effect, especially as the English nobility had from the first been averse to the war, many of the northern barons being, openly or secretly, in favour of the Scot- tish king. The loss of their continental possessions had long since begun to tell upon the descendants of the Norman conquerors ; the national character of Englishmen was in process of formation ; and an in- tense and not unnatural jealousy of foreigners, and of their influence in the royal councils, was amongst the earliest consequences of the change. The English barons wished for peace in the land which they re- garded as their home ; and recollecting the evil days of John and his foreign riders, they viewed wnth contemp- tuous aversion the little band of Thomas of Savoy, greedy only, as they asserted, after English gold. Very different were their feelings towards Alexander, for the spirit of rivalry which was subsequently engen- dered between the two nations by centuries of strife and bloodshed, was as yet undeveloped and unknown. * Mat. Paris 1244 (p. 432, 436). been sufficiently attended to. " Com- Fordun, 1. 9, c. 61. In the descrip- munivit etiam idem Rex castra Anglis tion of the Scottish king and his army, contermina, et a magnatibus affinibus the Enghsh chronicler is here followed et coifiiiibits instanter auxiliimi contra almost literally. CaldenleeviTis, the spot Regem Anglife, sibi adversa machinan- where Calder W^ater runs into the tem postulavit. Et concessum est ei Tweed in Selkirkshire ; Ponteland, a animo volenti a multis optimatibus et place a few miles to the north of New- potentibus auxilimii in tempore necessi- castle, upon the river Pont, just before tatis postulatum." At that date the it falls into the Blythe. - {Macpherson Northumbrians were as often found in Geogr. niust. and Caiiid. Brit., vol. 2, the Scottish as in the English ranks, p. 1087.) The words of Paris mark the Yorkshire barons being the oppo- the complicated character of this con- nents of David at Northallerton — when test, and the different feelings enter- the Northumbrians fought on the Scot- tained towards the Scots by the Eng- tish side — and the captors of William lish in those days. They have scarcely at Alnwick. 1 249-] THE TREATY OF NEWCASTLE. 41 For seventy years the Scots had never crossed the Borders except in the character of alHes of the national party, and their king, connected by blood with many of the English nobility, was the personal friend of nearly all, and popular amongst all ranks, for the same frank and genial qualities that endeared him to people of his native land. Nor was it forgotten by the followers of Henry, that the land beyond the Tweed mioht aeain afford the shelter which it had already yielded to many who sought a refuge in times of trouble and disaster. Such considerations induced the majority of the English barons to wish to avoid the risk of a doubtful contest, in which the determined attitude of the Scots warned them that even victory might be purchased at too dear a price, by a peaceful settlement of the points in dispute. Richard, Earl of Cornwall, and the Archbishop of York, were amongst the warmest advocates of peace, and to their hands, when an arrangement was agreed upon, the whole conduct of the neeotiations was entrusted. The points urged by Henry against Alexander were : that he had afforded shelter to Geoffry de Marisco and other English traitors and exiles, therefore exhibiting an intention of withdrawing his homage and of enter- ing into an alliance with France ; and that Walter Comyn, and other Scottish lords, had built two castles in Galloway and Lothian, to the prejudice of the rights of the English crown, and to the detriment of the English lieges. It does not appear that he obtained satisfaction on any of these points except the French alliance — perhaps the sole real cause of the quarrel — for Alexander only bound himself, by a written agreement, to enter into no confederacy lUii Aug with the enemies of the king of England, and neither to invade nor injure in any manner the territories of 42 THE FEUDAL KINGDOM. [1214- that sovereign, whether in England, Ireland, or else- where, unless he were himself unjustly dealt with ; a similar document being, at the same time, signed by Henry, binding that king never to declare war against Scotland except in self defence. Alan Dur- ward, Henry Balliol, David Lindsay, and William Giffard, "swore on the soul" of their royal master that he would hold to his plighted faith ; four of the Scottish bishops, and many of the earls and barons, affixed their signatures to the treaty, pledging them- selves to afford no assistance to their king in any unjust war against England ; and a counterpart of the same agreement was signed by the English nobility, and placed in the hands of Alexander, as a similar guarantee for the security of his own kingdom from aggression. The completion of tliis arrange- ment re-established the relations between the two countries upon their former amicable footing ; both kings withdrew their armies from the frontier ; Alex- ander relinquished the entrenched camp in which he had defied the power of Henry — and thus melted away the threatening cloud which had been raised by the intrigues of the renegade Walter Bisset."" * Mat. Par. 1244 (p. 436, 437). the treaty made over to Alexander was Fo;d., vol. I, pt. I, p. 257. AmoHgst guaranteed by the signatures of the the "negotia tangentia Angliam" re- English nobles, in the same manner as moved by Edward I., was " The last the copy in the Fccdera is witnessed by treaty between Henry king of England the Scottish nobles. One of the ob- and Alexander king of Scotland at noxious castles was that of Hermitage, Newcastle-on-Tyne that neither shall and as it still remained standing, and wage war against the other except in no clause was inserted in the mutual self defence, to which the seals of the treaties for giving up fugitives, it is Earls of Glos'terand Hereford are not evident that Henr}- must have waived appended, and it appears that they his demands on both these points. At were always v/anting." {Robertson's the close of the letter in which Henry Index, p. xxi., and Fmd., vol. i, pt. 2, confinus the oath sworn by the Earl p. 616.) The original document is of Cornwall in his name, is the follow- lostor destroyed, but it may be gathered ing paragraph : — '" Et mandatum est from this description that the agree- domino regi Scotied. of Haco, -p^. 2,, S- Duncan Haco for the Sudreys in 124S {Mat. of Argyle was present at the convention Paris, p. 516). Duncan, therefore, of Newcastle (Mat. Paris, p. 437). probably died about the latter date. His son Ewen performed homage to 1 2 49-] DEATH OF ALEXANDER. 45 Accordingly, he was inexorable ; and when the king, who had assembled a considerable fleet in the western seas, prepared to seize upon the Sudreys by force, Ewen, who was willinsf to resio^n his fiefs, but neither to retain them at the cost of honour, nor to oppose his sovereign in arms, fled for refuge to the Lewis. No resistance, accordingly, was encountered by the fleet as it sailed amongst the homes of the Western Islesmen, and on arriving off the coast of Lorn, at the opening of July, everything seemed to favour the royal projects. But the hand of death was already upon Alexander, and as he passed Kerrara he was hastily landed upon the little islet. A report soon spread through the host that their sovereign was no more, and, in the minds of the simple population of 8th July, the district, his death was regarded as a judgment of Providence upon the sole action of his reign, wearing even the semblance of injustice.* Thus died Alexander, in the zenith of a prosper- ous career, and in the full vigour of manhood, for he had not yet completed his fifty-first year. He was a prince possessing many high and noble qualities, and it is recorded in the pages of one who knew him w^ell, that, his wisdom, moderation, and love of impartial justice, gained him the admiration and esteem of his English contemporaries as well as the affection of his own subjects. t ■ By dividing the vast V possessions of the Earls of Caithness, by confirming and supporting the native Earls of Ross, and by enforcing the royal authority throughout Argyle, he effectually broke up the dangerous confederation in the north and w^est that had so frequently menaced the throne of his predecessors, and no outbreak in * Mat. Paris 1249 (p. 516). Exped. of Haco, p. 7 to 13. Chron. Mel. 1249. Forduji, 1. 9, c. 63. t Mat. Paris, p. 436. 46 THE FEUDAL KINGDOM. [1214- favour of Mac William, or Mac Heth, signalized the accession of his youthful son. But though in pur- suance of his favourite object — the consolidation of his kingdom — he was ready to enforce sutmission throughout the remotest Highlands, he was equally anxious to preserve peace upon his southern frontier ; and though in his early years the influence of Eustace de Vesci drew him into the confederacy against John, after his alliance with Henry he never will- ingly disturbed the amicable relations of the two countries. Whenever any dispute arose between the kings, Henry was invariably the aggressor; his en- croachments upon the liberties of Scotland first drove Alexander to resuscitate his dormant claims ; and again gathered the whole force of the kingdom around their prince at Ponteland, in defence of their native land. The bearing of Alexander, on all occa- sions, affords sufficient evidence that no unworthy fears prompted his desire for peace, a desire that was invariably reciprocated by the majority of the English barons. The reign of the second Alexander was in many respects an era of prosperity and advance, for his policy was peaceful, not aggressive, and directed principally to the internal amelioration of his king- dom. The laws of David and William relatinor to agriculture were re-enacted, and directions of more than usual minuteness added ; these regulations, ap- parently, being considered of such importance that they were issued in the very first council held at Scone, on the occasion of Alexander's coronation. It was the special aim of this enactment (to which allusion has been already made) to fix the rural classes in farms on permanent holdings, and convert them into a settled agricultural population, the 1 249-] AGRICULTURAL REGULATIONS. 47 " Bondsmen" being ordered to remain in the same Vills and localities in which they had passed the preceding year, every one, according as he possessed more or less than Jive Cows — or a pound — in value, being enjoined to take a holding, or to work as a farm labourer.* Advantage was evidently taken of the great assemblage of the Frank -tenantry of the realm at the coronation, to impress upon the pro- prietary the necessity of enforcing the habits of a settled and agricultural life upon their " native-men," who, if refractory, were to be mulcted of a cow and a sheep, and compelled to work ; whilst the usual fine of eight cozvs was to be levied on every lord who failed to carry into effect the royal edict. Two institutions which, though necessary in an unsettled age, were often liable to great abuse — Giyth, or sanc- tuary, and the protection afforded by a lord — were also regulated in the course of this reign ; and it was ordered, that the thief who took sanctuary, if he confessed and was shriven, restored the stolen pro- perty, paid the king's fine, and swore upon the relics or the gospels never to thieve again, might depart to his home scathless. If he was unable to pay the king's fine he still escaped with life and limb, but he was to leave the country and remain an alien to his native land until he could " make his peace with the king." He who persisted in his innocence, asserting * Stat. Alex. II. I. VideyoX. i, p. the smallest householder? Another 246 and note. The quarter-holding or expression of Adamnan's in this chap- hnsband-land was of the yearly value ter is singular, "Et quia idem Nesanus of one pottiid, and this was probably homo plebeius erat cum uxore et filiis the quantity of land to be taken by the hoc etiam ei vir beatus benedictionis smallest holder, F/V/d' ^//(7/' for their English fiefs, w^ere more immediately exposed to his vengeance, were condemned to forfeiture as traitors, the decree being rigidly carried into effect against Robert de Ros; though Balliol, whose father had rendered important services to John, was soon enabled from his great wealth to repurchase the royal favour, from that time transferring his support to the party coun- tenanced by Henry.* Thus did Alan Durward achieve his return to Scotland. An instrument, in which Henry binds himself to defend and protect the new regents, and, if necessary, to support them to the utmost extent of his power, both then and thereafter, not only against their opponents but even against their own sovereign, NoiTiianville, Alexander Vinet, John sent at this conference, relying pro- de Dundemor, David de Graham, John bably on tlieir sacred character, le Blund, Thomas Fitz Randolph, Hugh and William Gourlay, William * Fordiiii, 1. lo, c. 9. Mat. Paris, Wishart, Archdeacon of St. Andrews; p. 611. Balliol and de Ros are some- Brother Richard, Almoner of the times erroneously represented to have Temple ; David de Lochore, John been sole regents ; but the letter in Wishart, William de Canerhon, and the Foedera proves that such was not William " formerly the king's chap- the case. They were the only mem- lain." In their place were substituted, bers of the obnoxious regency upon the Bishops of Dunkeld and Aberdeen, whom Henry could wreck his ven- the Earls of Dunbar, Fife, Strathearn, geance, as they held their principal fiefs andCarrick, Alexander Stewart, Robert of that king. His conduct towards de Bruce, Alan Durward, Walter de those noblemen displays the part which Moray, David de Lindsay, William de he would have acted towards the rest Brechin, Robert de Manners, Gilbert also, if they had been his vassals, and de Hay, and Hugh Giffard. Of the his inability to punish them is another former Regents, the Bishops of St. indirect proof of the independence of Andrews and Glasgow alone were pre- Scotland. 12 63.]- UPHELD BY HENRY. 67 affords a most convincing proof of the extent to which they were indebted to the English king for the complete success of their project.* They were upheld by his power alone, and by the circumstance of possessing the person of the king, for the feeling of the whole nation appears to have been against them, and the Bishops of St. Andrews and Glasgow, with the Earl of Menteith and many other noblemen, incurred the vehement displeasure of Henry for openly refusing to affix their seals to a document which they stigmatized as infamous. f The success- ful party undoubtedly regained their ascendancy by a daring and unscrupulous conspiracy, and by a dan- gerous alliance with a prince who had seldom missed an opportunity of advancing the pretensions of his crown ; but it is only justice to add, that in all their proceedings they appear to have evinced a jealous care in guarding against the encroachments of their ally, and in preventing the establishment of any pre- cedent which might militate at a future period against the liberties of Scotland. At the very outset Gloucester and Maunsel bore the written promise of Henry that he would make no attempt to secure the person of Alexander, en- gaging in the same document neither to deprive him of his riohtful inheritance, nor to annul his marriaee with the English princess. ;{: A fortnight later, when the English king reached Newcastle, and a cry Fad., vol. I, pt. I, p. 329. which Henrj' assumed of "principal counsellor to the illustrious king of Scotland" (Rot. Fat. ad an. 39 Hen. + Ckron. Mel. Wynton, bk. 7, c. 10, 1. 139, desci-ibes this ordynans as ,,^ , , „ , , , ,. , - ^ ., ,,^, c-i .• J J J., qicoted by lytler), was taken per- most displeasing to the " thre Statis, , -' ,, ■ , , o T, J n 1 .• .1 haps to allav any lealousy about the Burdens, Barownys, and Frelatis. . f , , . , , . ,- , . , ^ . title by which he interfered in the affairs X In other words, that he would of Scotland. He thus claimed autho- not act as feudal guardian of a ward rity over the new regency without whom he might disinherit. The title '• founding any injurious precedent." 68 THE FEUDAL KINGDOM. [1249- arose that the Hberties of Scotland were in danger, he again gave a specific declaration that no unjust claim should be founded upon his former acts at York, when he originally changed the counsellors of Alexander; binding himself, at the same time, to take no further steps before the arrival of the Scottish king. He subsequently added a further pledge, never to detain his youthful son-in-law within the bounds of England for a longer period than was consistent with the interests of his crown and people ; whilst the clause allowing Alexander to summon the disgraced noblemen to his assistance, in case of foreign invasion, must have been expressly inserted with the view of allaying all fears about the inten- tions of England on that score."" Little doubt can exist about the general aim of Henry's policy towards Scotland. His attempt to entrap Alexander at York reveals the designs against the kingdom of his childish relative which he and his counsellors never ceased to cherish ; just as his behaviour towards Balliol and De Ros displays his exasperation against the Scottish regents, disclosing the manner in which he would have dealt with the whole body, had they all been equally in his power, as their overlord. The precautions against the encroachments of England can scarcely be regarded as the spontaneous propo- sitions of Henry, and the former regents held aloof during the entire duration of the conference. They must be ascribed to the successful party, who may so far be allowed the credit of having carefully watched over the interests of their king and country, after they had first unscrupulously secured their own. No sooner were the new regents firmly established than they summoned their predecessors to render an * F(vd., vol. I, ]it. I. p]i. 326, 327, 329. 1263.] CONTINUED DISSENSION. 69 account of their proceedings ; and, as their rivals resolutely refused to acknowledge their authority, discord reiofned throug'hout the realm of Scotland. Foremost amongst the objects of persecution to the party now in power was Gamelin, the bishop elect of St. Andrews, whom they had already deprived of the chancellorship, to which office he had been ap- pointed on the resignation of the abbot of Dunfermlyn, After the death of David de Bernham, the same bishop who had placed the crown upon the head of Alexander, it had been signified to the chapter of St. Andrews by the late regents that Gamelin was a fit successor ; but the chapter, who appear to have been in the interest of the opposite party, preferring Robert, dean of Dunkeld, Rome was appealed to ; and Abel, the archdeacon of St. Andrews, who was commissioned to lay the case before the pope, had the address to secure the prize for himself. The intrud- ing bishop filled the see for a very short time, and Gamelin, upon the death of Abel, was elected without further opposition ; but as he had not been conse- crated at the time of his dismissal from the regency, his enemies declared his election void. Rome was again appealed to, both parties resorting to the usual method of influencing the papal court ; but on this occasion Gamelin was successful, and he was conse- crated upon Christmas day by his late colleague, the bishop of Glasgow ; adroitly managing to shift the burden of the expenses in which he had become involved,- through his appeal to Rome, upon certain Scottish monasteries, which subsequently incurred the penalty of excommunication for their backward- ness in satisfying the demands of the pope.'" The * Fordiin, 1. lO, c. 8, 9, 10. He tiones coram Papa ventilatas et lutrsas describes the failure of the envoys C7iacna/as'' quaintly enough, " post varias alterca- 70 THE FEUDAL KINGDOM. [1249- bishop, however, gained little by his success, for the regents threatened to mulct him of a large sum before he was permitted to enter upon his diocese; and upon his refusal to yield to any such exaction, they banished him, without further parley, from the realm, confis- cating the revenues of his bishopric. He left the country accordingly, and, as he was forbidden to pass through England, he again betook himself to Rome; where, in spite of the efforts of his persevering opponents, his cause was warmly espoused by the pope, who wrote to the king of England, enjoining him to interfere in behalf of the banished prelate, and to reinstate him in his see, though Henry appears i to have paid no attention to the letter." Whilst Gamelin was upon his way to Italy to lay his grievances before the head of the Roman Church, Alexander and his queen passed some time in England, as welcome and honoured guests, at the court of Henry. The visit was one of ceremony, Alexander travelling with three hundred horses, and with a retinue so numerous, that as lodgings could seldom be found for them, the greater part were obliged to be accommodated in tents ; and after he joined the English court at Woodstock, where one of the great festivals of the Roman Church was cele- brated with much pomp and state, both kings pro- ceeded to London by different roads, lest the number of their attendants, if they travelled along the same route, should create a scarcity throughout the adjoin- ing country. The young Prince Edward was deputed to receive them upon their approach to the English capital; the city celebrated their arrival with rejoic- ings and festivities ; and John Maunsel, who craved * C//;w/. J/,/. 1255-56. Fad.,\o\. 1256. Henry did not issue his orders i> Pt- I. P- 352- This letter was to arrest Gamehn until the 22d of written on the i6th of December January 1258. 1263.] ALEXANDER IN ENGLAND. 71 permission to entertain so goodly a company at his own mansion of Tothill, eclipsed all competitors by one of those displays of sumptuous and magnificent hospitality in which the dignified churchmen of that age appear to have been unrivalled. Henry, upon this occasion, made over to his youthful son-in-law, who was still only fifteen years of age, the seiziii-in- chief oi the Honor of Huntingdon, of which the Eng- lish king, as siizci^ain of the fief, had hitherto enjoyed the wardship, endeavouring in every way to impress upon him the advantages of the English alliance. But Alexander, on returning to his native land, found the same state of anarchy prevailing ; and his hospi- table entertainer, Maunsel, was deputed to accompany the young king to Scotland, with authority to raise the whole military force of the north of England, to assist him, if necessary, in controlling the refractory party.'" For nearly a year after Alexander's visit to Eng- land, Scotland remained exposed to all the miseries a. u 1257. of a condition almost bordering upon civil war; though attempts appear to have been made, from time to time, at an arrangement, and for some such purpose, perhaps, the queen mother, with her husband, John de Brienne, once more made her appearance at the court of her son. Fearful lest her influence should be exerted in the cause of the late regents, Henry had made her promise, before passing through Eng- land, that she would make no attempt' against the council of his appointment ; for he always appears to have been distrustful of Mary de Couci, in spite of the professions of esteem which abound in his letters to the dowager queen of Scotland. t * Foed.,\(A.\,^\.. I, p. 347. Alat. "never churchman gave such a dinner!" Paris 1256, p. 626. As usual, the High praise indeed. liistorian revels in his description of t Fxd., vol. i, ]it. i, j)]!. 352, 357, the banquet at Tothill, exclaiming 358, 362. ~2 THE FEUDAL KIXGDOM. [1249- The pope, in the nicantiinc, had not been un- mindful oi the cause of the exiled Bishop of St. Andrews ; and as his appeal to the kino- of England had met with wo success, he transmittetl full powers to the Bishop of Dunblane and the Abbots of Mel- rose and Jedburgh, to fulminate an excommunication against the regents if they persisted in their conduct towards Gamelin. A general sentence against Dur- ward and his coadjutors was at first published at Stirling, and repeated, as a warning, " with bell, hook, and candle," in every church and chapel in the kingdom. But as the regents paid no at- tention to this empty threat, they were, in due course oi time, treated as contumacious offenders, and excommunicated by name, in the abbey church of Cambuskenneth. The opportunity was far too favourable to be neglected b)- the leaders of the opposite party, and at once setting aside all thought oi compromise, Menteith determined upon securing the person of the king. Accordingly, upon the night of the 2Sth oi October, the chamber in which Alex- ander la)' asleep, at Kinross, was suddenly invaded, the great seal was forced from the custody of the Dean of Dunkeld, who held it as the vice-chancellor of his bishop, and before dawn the king was safe within the walls of Stirling Castle, surrounded by his former guardians.* Menteith justified his conduct * Chron. Mel. 1257. Foniiin, 1. rated traitors; so that it is probable 10, c. 10. A compromise between the that the papal deputies appeared at two parties had almost been brought this very council to pul>lish their first about at this time, and the 29th of warning, and that during the short August had been actually appointed for time that elapsed before they resorted a meeting at Stirling to settle the differ- to extremes, the national party changed cnces between Alexander and his former their tactics and planned their coii/< guardians {Fad., vol. I,pt. I, pp. 553, d\'taf, in order that it might follow 362). This compromise could hardly immediately after the ceremony in the have been set on foot with cAcor,,>no!i- abbev church of Cambuskenneth. 1263.J MENTEITH'S SUCCESS. 73 by maintaining that he had not overstepped the duty of a loyal subject in rescuing the person of his sovereign from the hands of excommunicated traitors, who, if they had been permitted to proceed in their nefarious career, would have brought an interdict upon the entire kingdom. He blamed the king for receding from the promise of his early youth, and for pursuing a line of conduct most injurious to the interests of his kingdom, by promoting aliens and foreigners in preference to his own native sub- jects; whilst he openly charged Queen Margaret with an undue leaning towards the interests of her father, whom she had stimulated to bring a hostile army against her husband's country, thus causing irrepar- able mischief, and entailing utter ruin upon Robert de Ros, the most eminent baron of the North.* Complete success resulted from this bold measure of Menteith. Durvvard, the master-.spirit of the English part>^ fled to Henry, and the rest of the regents dispersed in various directions. + In the * Mat. Paris 1257, p. 644- Lord cacy of De Ros, openly charging him Hailes (Annals, vol. I, p. 187) reads with treason. Thou liest, retorted the the words of Paris as if the ruin of De enraged earl ! What would have been Ros was imputable to the Comj-ns for the effect of such an answer upon a his subsequent espousal of the Queen's Tudor, a Hapsburg, or the Grand cause. But the historian evidently Monarque ! alludes to the loss of De Ros's great f The Earl of Stratheam was not English fiefs, forfeited by Henry. De amongst the refugees, for he wrote to Ros had no opportunity of becoming a Henrj-.in the following May, to acknow- partizan of the queen of Scotland, for ledge the receipt of a letter from that he was thrown into prison, and even king, and to pledge himself to carry his life was in danger. The English out its instructions, which were, to barons were indignant at his treatment, remain by the person of the queen of and a singular scene took place between .Scotland, and to see that she was not Henry and his Earl Mareschal, which removed to any place that was distaste- reveals how little the great feudal mag- ful to her. [Fad., vol. i, pt i, p. nates were animated on certain occa- 371). It is likely from this request on sions with that ceremonious respect the part of Henry, that the health of which grew by degrees " to hedge his daughter had really suffered from around the person of a king." Henn,- her previous confinement in Edinburgh heaped abuse upon Bigod for his advo- Castle. 74 THE FEUDAL KINGDOM. [1249- A.D. 1258. course of the winter Menteith brought the king to Roxburgh, to enforce the submission of the opposite party; but the latter obtained a further respite, by engaging to present themselves on a stated day at Forfar, there to make due atonement for their offences. Their appointment proved a mere eva- sion, for the majority of the barons who had been connected with the foreign alliance escaped across the frontiers, and sought the protection of the Eng- lish court, where they reminded Henry of his promise of support ; whilst the Comyns and their partizans lost no time in entering into a defensive alliance with the Welsh ; and a treaty was mutually ratified by which each party engaged not to march against the other, the Scots binding themselves, on their part, to use their best endeavours to induce their king to con- firm the agreement.''' Henry appears to have been inclined to limit his assistance to the orders already issued for the appre- hension of all suspected persons arriving in England, whether from Scotland or the continent ; for his parliament was refractory and had refused supplies ; the Welsh were in open revolt and had beaten his armies ; the Scots were pressing for the payment of the dowry of Alexander's queen ; and the English barons, always favourably inclined towards the party now dominant in Scotland, were as averse as ever to war. Autumn therefore arrived before John Maunsel was associated with Simon de Montfort and Peter of Savoy, and dispatched on an embassy to the north, by which time jMenteith and his supporters were fully prepared. Accordingly, when the Earls of Hereford Chroii. Mel. 1258. Fad., vol. i, mercantile intercourse between the pt. I, p. 370. This treaty contains Scots and Welsh, some curious arrangements for the 1263.] A RRA NGEMENT A T JEDB UR GH. 7 5 and Albemarle, with John Balliol, presented them- selves at Melrose to solicit an audience of Alexander, the following day was at once named for a conference with the English envoys at Jedburgh, that place being chosen from its vicinity to Jedwood forest, in which the Scottish leaders could assemble their followers with equal secrecy and rapidity ; for they were aware of the arrival of a considerable force, under Maunsel and the refugees, at Norham, and they regarded the proposal of an interview with the king as a mere artifice to obtain possession of his person.* The conference was duly opened at Jedburgh at \ the appointed time, but three weeks elapsed before it was brought to a conclusion. Delay was in favour of the Scots, for every day brought a fresh accession to their strength, and as rank after rank of spearmen, issuing from the glades of the forest, took up their position around the place of meeting, the hopes of the English envoys died away, and they relinquished all idea of resortiuQ: to their original intention. Men- teith and his friends were now in a situation to dictate their own terms, but it was neither their object to provoke a war with England, nor to per- petuate the discords of their native land ; and wisely preferring to render their triumph permanent by using it with moderation, they were willing to con- ciliate their opponents by admitting them to a fair share in the government. Accordingly, a council was appointed to assist Alexander, in which four of the leaders of either party were associated with the queen mother and her husband ; Henry signified his approval of the arrangement, promising his favour and support as long as justice was rightlyadministered, * Chron. Mel. 1258. Mat. Paris, p. 649. Fad., vol. i, pt. i, pp. 369, 377. 76 TJTE FF.rDAI. KINGDOM. [1249- and i)rovidino' all matters of which he mii^ht have reason to complain were rectitied within three months; and from the period oi tliis compromise l^etween the hostile rco-ents the dissensions, which had so longr distracted the minorit)- of Alexander, failetl L;ratliially away and ceased to aj^itate Scotland."' It is very diflicult to arrive at any satisfactory conclusion about the events of a period so remote, and after the lapse of six centuries it is all hut impossible to pronounce, with certainty, whether Durward was really ij^uilty of the plot which was originally laid to his charge. Even the contemporary writer in the IMelrose Chronicle speaks vaguely and doubtfully on this point ; and he was no partizan of the justiciary.t Pope Innocent, however, made it an accusation against the party of which Durward was the leader, that the}- had removed the counsellors of the late king from about the person of his youthful son, a statement which is confirmed by the chartu- laries; for it is amongst the national party that we must look for the Bishop of Glasgow, so long the chancellor of the second Alexander ; for the Bishop of Dunblane, his confidential friend and adviser ; and for John Balliol, whose relative and namesake, Henry, had latterly held the office of chamberlain.;}; In the very )ear, also, in which the king of England deprived * Chron. Mel. FQ:d.,\o\. I, pt. i, generally been lielcl by a .f. 1263. Midsummer passed away before the fleet of Haco was ready for departure. Much time had been con- sumed in preparations, and as Hersirs, Lendermen, and Bonders, flocked with their followers to the ren- dezvous at Bergen, exaggerated rumours of the mag- nitude of the expedition penetrated to England, alarming the guardians of her northern coasts, and arousing their fears of invasion. It was said that so magnificent an array had never before been assembled in the fathomless Fiords of the North. The king's ship, built expressly for the voyage, mounted seven- and-twenty banks of oars, and was of oak throughout, glittering with gilded dragons, and crowded with the flower of Norwegian chivalry. Many of the other vessels were large and well appointed, and it must have long been remembered as a gay and brilliant loth July, scene, when, glittering in the rays of a July sun, the mightiest armament that ever left the shores of Nor- * Exp. Haco, p. X., 15, 17, ig. Campbell. If the conjecture is correct, Fa:d.,vo\. i, pt. I, p. 422. The inter- it would be the earliest mention of that vention of Heniy may have been in con- name. Their old burial-place was at sequence of the secret treaty. Amongst Kilmun, in Cowal, which seems to the assistants of tlie Earl of Ross in have been the earliest seat of the attacking the Islesmen was a certain senior branch of the race. Makamal, supposed to have been a 1263.] EXPEDITION OF HA CO. 85 way quitted the haven of Herlover, to vindicate her ancient rights amongst the islands of the western seas." Propelled by a favourable wind, the ships of the Norwegian monarch reached, in two days, the nearest of the Shetland Isles, where a fortnight passed away before they sailed for the Orkneys. It had been the wish of Haco to detach a separate squadron to the Firth of Dornoch, whilst he retained the largest ships in the harbour of Elwick, opposite to Kirkwall. But as many of the Bonders were reluctant to be parted from their king, he gave up his project and continued his course towards the Hebrides. As the fleet lay in the harbour of Ronaldsvoe, the Norse historian of the expedition relates how a dark shadow spread over the surface of the sun, nothing remaining visible to the eyes of the astonished Norwegians but a narrow 5th Au^^ ring of gold ; and thus, unconsciously, he affords in- contestible evidence that he was a witness of the annular eclipse of the sun, which happened upon the 5th of August in that year. In the course of Haco's progress towards the south, the various chieftains owning the superiority of Norway met him upon his approach to their territories, to render the service due to their fiefs. Earl Magnus, of the Orkneys, had accompanied him from Bergen ; the king of Man, another Magnus, met him upon his northern boundaries, between Skye and the Lewis ; and off Kerrara, so fatal to the second Alexander, Dugal Mac Roderic, the leading magnate of the Isles, brought the lesser Sudreyan lords to welcome their Norwegian suzerain, and to swell the numbers of his armament.t * Exp. Ilaco, p. 25 to p. 31. Feed., vol. i, pt. i, p. 429. t Exp. Haco, p. 33 to p. 47. 86 THE FEUDAL KINGDOM. [1249- More than a hundred vessels were now collected off the island of Kerrara, and fifty sail were dis- patched under Magnus of Man, Dugal of the Isles, and the other Sudreyan leaders, to lay waste the lands of Cantyre, whilst a squadron of five ships was deemed amply sufficient to overcome opposition in Bute. With the remainder of his fleet Haco made sail for the little island of Gigha, where he was met by Ewen of Argyle, who came off in a galley with Thorgils, Bishop of Stavangro, a guarantee appa- rently for his safe return from the interview. Haco pressed the Lord of Argyle to follow the banner of Norway, but Ewen refused to swerve from his alle- giance to Alexander, offering, as on a similar occa- sion fourteen years before, to resign the fiefs for which his sense of loyalty forbade him to perform the required service against his native sovereign. Lonof did Haco retain the leadingf chieftain of the west in the hope of overcoming his resolution, for he knew full well the value of his alliance, but when he found that his determination remained unshaken, he dismissed him honourably, and with many marks of favour ; the chivalrous nobleman leaving the fleet of Haco on friendly terms, but without compromising his loyalty, and promising to use his best endeavours to bring about an arrangement with Alexander. Twice in situations of difficulty and danger had the Lord of Argyle proved his steadfast adherence to the path of good faith and honour, and in an age in which the obligations of an oath were but too often lightly esteemed, no brighter example can be found of truthful and unswerving fidelity to his plighted word.* Haco was still at Gigha, where he had listened * Exp. Haco, j>. 49, 51. 1263.] ANGUS OF /SLA. 87 to the prayer of the Abbot of Saddel, who craved a protection for his monastery, when Dugal of the Isles arrived from Cantyre with overtures from M or- chard and Angus, the lords of the invaded district. Immediate submission, and the renunciation of their Scottish allegiance, were the terms offered by the king, with one day to consider his proposal, Mur- chard yielded at once, but Angus hesitated to com- ply. He was the Lord of Isla as well as of part of Cantyre, and as a cousin of Dugal — for he was the son of Donald Mac Reginald — and the head of the youngest branch of the family of Argyle and the Isles, he was a chieftain of considerable importance. Seven years before the expedition of Haco he had been forced by the regents to acknowledge that he held his fiefs of the Scottish crown. In vain had he attempted to find a refuge in Ireland ; Henry proclaimed every man a rebel who dared to shelter the fugitive — for the party of Durward was in the ascendant : Angus was fain to submit, and the barons of Argyle were bound, on pain of forfeiture, to hold by .the royal cause if ever the Lord of Isla presumed to falter in his allegiance.'"' His situation, however, was now reversed, for already the burning hamlets of Cantyre proclaimed the arrival of the Norwegians, to punish that defection which their earlier presence might have prevented ; and in this dilemma, de- spairing of assistance from Scotland, Angus yielded to the arguments of Dugal and resigned his posses- sions into the hands of Haco. His submission was promptly accepted ; a fine of a thousand head of * Fa'd., vol. I, pt. I, p. 336. Robert- Angus and Murchard as hostages for son^s Index, p. xi. , xxii. It may be the fidelity of those chieftains. Angus gathered from the Excerpta ex Rot. was the ancestor of the great clan temp. Alex. III., p. 9, 14, that Alex- of Alac Donald in all its numerous ander held two of the children of branches. 88 THE FEUDAL KINGDOM. [1249- cattle was levied upon the Lords of Isla and Can tyre, their fiefs were restored to be held of the crown of Norway, and letters were immediately dispatched to countermand all hostilities against their territories.* The havoc arrested in Cantyre was carried on in other quarters with unabated rigour. A reinforce- ment of small vessels was added to the squadron already detached against Bute, and foremost amongst the assailants was an islesman of the name of Roderic, or Rory, who claimed that island as his rightful inheritance. A descendant, apparently, of one of the earlier lords of Bute, he had been out- lawed by the second Alexander for his continual attempts to regain, by force, the land which he looked upon as his birthright ; and revenge now stimulating his activity, he massacred nine of the garrison of Rothsay Castle in cold blood, after they had capitu- lated to the Norwegians ; and whilst Haco, rounding the Mull of Cantyre, was sailing up the Firth of Clyde to turn the capture of Bute to advantage, the implacable Roderic carried fire and sword upon the mainland, glutting his desire for vengeance in the blood of the unoffending inhabitants. t For several days Haco remained at anchor off Arran, and whilst he was in the neiofhbourhood of that island a number of friars came off, from time to time, who were commissioned on the part of the king of Scotland to propose a truce preparatory to further negotiations ; and as it was not the object of the king of Norway to engage in a lengthened contest, but only to vindicate his claim to the sovereignty of Exp. Haco, p. 55. he is sometimes supposed to have been ; or surely they would have shared in his t Exp. Haco, p. 59, 63. This forfeiture, and he would have assumed Roderic, or Rory, could hardly have the title of king of the Isles instead of been the father of Dugal and Alan, as his son Dugal. 1263.] THE CHALLENGE OF HACO. 89 the Hebrides, he wilHngly agreed to the proposal, deputing an embassy to arrange the terms with Alex- ander. The envoys were received with studied courtesy, and treated with every mark of respect. They claimed the Hebrides as the undoubted inheri- tance of their sovereign, and as Alexander only stipulated for the retention of Bute, Arran, and the Cumbraes, there appeared to be every prospect of a speedy and satisfactory arrangement. Still, as time wore away, the Scots appeared to avoid committing themselves to any final agreement : another embassy was dispatched to the mainland, but the result was always the same, and the Norwegians grew uneasy as they remarked the increasing numbers of the Scots upon the neighbouring coasts. Their provisions also were beginning to fail, and they urged their king to break off the truce, and supply his fleet by a summary foray ; but Haco decided to make yet another attempt to come to terms, and he instructed one of his immediate attendants, of the name of Kolbein, to carry his final proposals to the Scottish court. The message of the Norwegian king was highly characteristic, and recalls the ancient practice of his forefathers. He challenored the Scottish kinor to meet him with his whole army at a conference, there to arrange the terms of peace ; " and if God willed there should be peace, it were well ; but if not, then let both armies join battle, and leave the issue in His hands." Kolbein found Alexander equally ready to fight or negotiate, but he was still met by the same procrastination, and upon his return to the fleet without a satisfactory answer, Haco, dismissing all further thoughts of peace, proclaimed the truce to be at an end.'"' * Exp. Haco, p. 69 to p. 75. The Norse account plainly states that the 90 THE FEUDAL KINGDOM. [1249- The leadine chieftains of the Isles were Immedl- ately dispatched with sixty galleys to devastate the coasts of Scotland. Sailing between the rugged shores of Loch Long, when they reached the head of the lake they dragged their boats across from Arrochar to Tarbet, launching them again upon the bosom of the beautiful Loch Lomond. Its " hundred isles," filled with the crowds who vainly thought themselves secure from the ravages of the spoiler, were wasted with fire and sword ; and Alan Mac Roderic, sweeping across the fertile sheriffdom of Stirling, returned with the plunder of its Inhabi- tants, whilst his colleagues were harrying the Lennox. Such was the last gleam of success that shone upon the banner of Norway, and at length, when it was too late, Haco learnt to appreciate full well the true cause of the dilatory policy of Alexander.'"" Upon the evening of Monday the ist of October a violent tempest arose ; ten vessels foundered in Loch Long, five were driven ashore upon the coast of Ayrshire, whilst many more were disabled by the increasing force of the wind. The royal ship dragged her anchors, and for some time was In imminent danger ; for, a transport driving against her during the storm, it required eight anchors to keep her fast at her moorings, and Haco, betaking himself to the longboat, rowed to the Cumbraes to order the im- unwillingness of the Scots to come to stay until the season was too far ad- any terms arose from their desire to vanced. procrastinate, "because summer was * Exp. Haco, p. 77. The names drawing to a close and the weather was of the chieftains detached to harry becoming bad." It was their object Scotland were Magnus of Man, Dugal to detain Haco on the coast, so that and Alan of the Isles, sons of Roderic, they appeared willing to take a very Angus MacDonald of Isla and Mur- moderate tone at first, and as the Nor- chard of Kintyre. They were chosen wegian king would have gladly accepted probably from the lightness of their their terms, he was led to prolong his galleys as well as to test their fidelity. 1263.] BATTLE OF LARGS. 91 mediate celebration of a mass ; for he shared in the superstitious fears of his followers, who attributed the tempest to magic, and deemed its horrors the work of Satan, whilst the Scots ascribed them to St. Mar- garet.* As ship after ship drifted past in distress, the blaze of the beacons, which had long been In readiness upon the Ayrshire coast, signalled far and wide to the expectant Scots that the time for action had arrived ; and the peasantry, flocking to the beach, plundered the transport that had been driven ashore, and attacked the shipwrecked crews with a shower of missiles. But they met with a stubborn resistance, for the hardy Northmen, sheltered behind their stranded vessels, were thus enabled to make a stout defence until the arrival of reinforcements from the fleet, on which the Scots retired with their plunder ; and as the wind abated towards the morning, the king rowed in from the Cumbraes, with a strong force, to bring off the remainder of his men from the shore. The approach of dawn revealed a numerous body of Scots drawn up In the neighbourhood of the village of Largs. About fifteen hundred were horsemen, many of whom were mounted on Spanish chargers, sheathed in complete armour; a gallant troop, brilliant in appearance, and formidable In the shock of battle, but of little real use in a hand to hand struggle on the sea beach. The infantry, who were destined to bear the brunt of the conflict, were merely the peasantry of the neighbouring districts, hastily brought together by the blaze of the beacon fires, and mostly armed with spears or bows, the whole force being under the command of the Steward of Scot- land, though the Norse chronicler has erroneously * Compare Exp. Haco, p. 85, 87, with Fordun, 1. 10, c. 15. 92 THE FEUDAL KINGDOM. [1249- supposed that Alexander was present in person.""' The Norwegians, all tried and well armed soldiers, mustered about nine hundred men upon the beach, whilst, upon a rising ground in advance, two hundred more were posted under a leader of the name of Ogmund, evidently for the purpose of covering the intended embarkation. The Scottish skirmishers were already pressing upon the advanced detachment on the rising ground, when the Norwegians, with difficulty, prevailed upon Haco to retire to the Cumbraes ; for they were anxious to remove the king from the dangers of their exposed position. The courage of Ogmund's men began to fail as the line of horsemen approached the hill ; small and scattered parties stealing off towards the shore, until Andrew Nicolson, who appears to have assumed the command, directed Ogmund to retire in good order upon the main body on the beach. No movement is more trying than a retreat in the face of a superior force ; and when, in obedience to their orders, the advance faced about to the rear, each man endeavoured to outstrip his neighbour, till the retreat, which had begun in tolerable order, soon became too rapid, at length degenerating into a headlong flight. A panic seized the main body as the fugitives hurried over the brow, and, wheeling round in the utmost confusion, they rushed precipi- tately towards the sea, swamping many of their boats in the surf in their desperate endeavours to push off from the land. The Norwegians were now driven along the shore in great disorder, and with heavy loss, until Andrew Nicolson, Ogmund, and a few other leaders, separating themselves with diffi- culty from the flying mass, succeeded in rallying the *■ ForiluJ!, 1. 10, c. 16. 1263.] S/R PIERS CURRIE. 93 main body, which they formed in a circle to resist the onset of the Scots. The contest was aofain renewed, when, at this crisis, an incident occurred that revived the drooping courage of the Norwegians, and saved them, apparently, from destruction- Conspicuous amongst the pursuers was a knight of the name of Sir Piers Currie, whose orikled and glittering armour, with the jewels gleaming on his embroidered belt, flashed upon the eager eyes of the Norwegians as he rode down their line with incau- tious gallantry ;* for he alone had left the serried band of horsemen that won the hill, and galloping amongst the combatants on the beach, animated the courage of the Scottish infantry by his bold and reckless bearing. As he rode carelessly along the ranks of the foe, Andrew Nicolson, stepping out from the circle, with one blow aimed at the thigh, shore through bone and armour, and buried his sword in the saddle, Currie fell a corpse to the ground, his glittering belt becoming the prize of the enemy ; and whilst the struggle was renewed with all its fierceness around the body of the fallen knight, two gallant Norwegians, Ronald and Olave, taking advantage of a temporary lull, attempted to land their followers through a tremendous surf; and though Ronald was beaten back from the shore, Olave succeeded in bringing up his reinforcements to the assistance of his exhausted countrymen. The death of Currie, and the arrival of Olave, restored the fortune of the day; the Norwegians reformed their broken line ; the Scots contented themselves with occupying the rising ground in force, and as evening approached, the contest dwindled into a * Wynton, bk. 7, c. 10, 1. 196. One Norse MSS. calls him Ferns ; another, more correctly, Peter. 94 THE FEUDAL KINGDOM. [1249- succession of petty skirmishes ; when suddenly the Norsemen, advancing their whole force, swept the Scottish infantry from their position on the hill, and, under cover of this desperate and unexpected charge, drew off the shattered remnants of their army to their boats, and gained their ships before the gale again increased to a tempest.* Such was the conclusion of the skirmish at Largs, for a battle it can hardly be called. Only one man of note fell upon the side of the Scots, and he lost his life through his own reckless daring, for the sea beach was no fit spot for a mounted knight in armour. Seven Norwegians of distinction were slain, and their general loss may probably be estimated in proportion ; for, as the Scots were enabled to carry off all their dead without molestation, either their victory must have been far more complete than the Norsemen chose to admit, or their loss must have been comparatively trivial. As the action was un- decisive, so were its results unimportant; for it would be erroneous to ascribe the consequences of the general failure of the expedition to the repulse of a few hundred shipwrecked Norwegians by the half- armed peasantry of the neighbourhood. Within a few days of his disasters at Largs, Haco was rejoined by the detached squadron from Loch Long, and, after setting fire to his stranded vessels, * Exp. Haco, p. 89 to p. 107. Wyn- account of the conflict is very diffuse ; ton, bk. 7, c. 10, 1. 196. Fordun, 1. but readers of the Sagas must always lo, c. i6. Chron. Mel. 1263. The bear in mind that the Northmen in- latter authority rightly attributes the variably encounter far superior num- repulse of Haco "per pedissequos bers, and inflict much greater loss than patriae" to the tempest. The chronicler they sustain. The Sagas, however, devotes a far shorter paragraph to a are not singular in this respect, and description of the battle than to a with due allowance for a natural par- lament over the deposition of good tiality for their own side, they are Abbot Matthew, " who gave us pittance generally very fair and accurate, cakes on Fridays in Lent." The Norse 1263.] DEPARTURE OF HACO. 95 he weighed anchor and sailed down the Firth of Clyde. It was his wish to retrieve his losses by availing himself of a requisition from Ireland, to invade that country and assist in its liberation from the English yoke ; but so strongly were his followers opposed to this project, that he was obliged, most reluctantly, to relinquish it, and rounding the Mull of Cantyre, he retraced his course through the Western Isles, each petty kinglet taking his leave as the royal fleet swept past his island home. Off Kerrara the king dispatched a message to Ewen of Argyle, but with no satisfactory result ; and he be- stowed the fiefs which that nobleman held of the Norwegian crown upon Dugal of the Isles and his brother Alan, when he parted from them off the island of Mull. The weather was still unsettled, one ship foundering in the Pentland Firth, and the progress of the Norwegians was slow, whilst, as they sailed along the Scottish coasts, they were attacked by the country-people whenever they attempted to land. It was November, therefore, before the fleet arrived at the Orkneys, and the increasing gales deciding Haco to pass the winter amongst those islands, he dismissed the bulk of his armament, re- taining only twenty vessels, whose crews he quartered upon the islanders. But mortification, anxiety, and want of rest had done their work, and a mortal sick- ness seized upon the aged king, who had now filled the throne of Norway for the lengthened period of fifty-six years. Occasionally he rallied, arranging the affairs of his kingdom during the intervals of his disorder, and declaring Prince Magnus to be his only son and successor. To soothe the sleepless moments of the dying monarch, the lives of the saints and the chronicles of the kings of Norway 96 THE FEUDAL KINGDOM. [1249- were read by the side of his couch ; but of all the accounts of the exploits of his predecessors, he best loved to listen to the deeds of his own grandfather, Sverre, the great leader of the Birkbeiner. At length he became speechless, and on the 15th of De- cember (to use the simple language of the Norse writer), "At midnight Almighty God called King Haco out of this mortal life." For three months the body lay in the church of St. Magnus at Kirkwall ; and as the winter passed away the sorrowing nobles bore the royal corse to Norway, where, in obedience to the latest wishes of the dying king, his remains were deposited, amidst the ashes of his predecessors, in the cathedral church at Bergen." * Exp. Haco, p. 107, et scq. 1263.1 SC'BMlSSfOX OF THE HEBRIDES. 97 CHAPTER XVI. Alexander the Third — 1249-1285. The intelligence of Haco's death, which is said toA.D 1264. have reached the king of Scotland on the very day of the birth of his eldest son, Alexander, relieved him from all further anxiety about the vicinity or the intentions of his rival ; and, before many months ^ elapsed, he had thoroughly re-established the in- fluence of the Scottish crown throughout the islands of the west. The task of reducing the Hebrides was assioTied to Alan Durvvard and the Earls of Buchan and Mar, and the islesmen were doomed to endure a repetition of the sufferings they had inflicted, in the previous year, upon the sheriffdom of Stirling and the Lennox. The chieftains were executed, expelled, or pardoned, according to the degrees of their supposed culpability-, and many who had been mulcted of their cattle by Haco for their reluctance to join his fleet, were again fined by the royal lieu- tenants for having yielded in their extremity to the summons of the Norwegian. Nor was it the inten- tion of Alexander that the king of Man should escape without punishment for his active participa- tion in the expedition up Loch Long, and an army was collected upon the coasts of Galloway to enforce the submission of that island prince.''^ The little kingdom of the Isles had been rapidly * Fordiin, L lo, c. 1 8. VOL n. H 98 THE FEUDAL KINGDOM. [1263- sinking into insignificance ever since the possession of the Sudreys by Somarled, and his descendants had interposed a rival power between the Nordreys and the Isle of Man ; whilst its kinglets yielding, like the rest of the western chieftains, to the pressure of the moment, shifted their allegiance as the occasion required, and tendered it alternately to the English and Norwegian kings, and sometimes even to the pope. Godfrey Olaveson, who had repaid the hospi- tality of his protector, Inge, by deserting him at the battle of Opslo, returned from Norway upon the death of Somarled, and the auxiliary fleet with which he hoped to win back his patrimony may have been A. n. 1164. the price of his well-timed treachery." He found his illegitimate brother, Ronald, in possession of the kingdom, but he easily unseated his rival, and after an ephemeral reign of four days Ronald was blinded and deposed. For three and twenty years after his return Godfrey filled the throne of Man, bequeathing it on his death to his son Olave, who was indebted to Cardinal Vivian for his claim to be the lawful heir of his father. The cardinal, during his mission as legate, about ten years previously, had so worked upon the conscience of Godfrey, as to induce him to complete the ceremony of marriage with Fingola, a daughter of the Irish Mac Loughlin ; and thus the mother of Olave became the married wife, instead of the /ia?idfastcdhndQ, of the island prince her husband; t but as their son was still in his childhood at the time * Heimsk. Saga xv. , c. 17. riage were considered legitimate, even \ This kind of union was not un- though the connection were dissolved common in the west, and may account and a fresh union formed. Ronald for the frequent divorces amongst the was probably the son of a marriage of Scots, Irish, and Islemen, and for the this description, and as such he would pretensions so often put forward by have been looked ujion by the Manx claimants who were stigmatized as ille- and Islesmen as the rightful heir of his gitimate. The issue of a //ff;/^?^;?^^ mar- father. 1285.] ROYALD GODFREYSON. 99 of his father's death, the Manxmen chose his elder brother, Ronald, for their king.* The new sovereign owed his election to hisA. n. 1187. martial qualities, for he was one of the last to retain the habits of the ancient rovers of the sea, and is said to have passed three years of his life without ever sleeping "beneath a sooty rafter." His con- nection with John de Courcy, who had married his sister, Afreca, involved him in the contest between that nobleman and De Lacy, and in his endeavour to assist his brother-in-law to recover the earldom of Ulster, they both met with a signal defeat at Strang- a. n. 1205. ford Lough. Ronald assigned the Lewis as an appanage to his brother, and when Olave murmured at the hardship of living in a thinly peopled island where no corn would grow, regarding his complaint as a symptom of disaffection, he seized and delivered him into the keeping of William the Lion, of whom, about this time, Ronald seems to have held a portion of Caithness. Olave accordingly exchanged the tedium of his mountain home for a stricter confine- ment within the walls of Roxburgh Castle, until a general release of captives, upon the accession of Alexander, once more set him at liberty. Seven years' experience of a Scottish prison appears to have a. n. 12 14. reconciled him to the monotony of his original appanage ; for, upon his return from a pilgrimage to the shrine of St. James of Compostella, he effected a reconciliation with his brother, and, marrying a younger sister of the queen of Man, resigned himself to encounter, with his bride, the privations of his former residence.! Some time after his return to the Lewis, Olave * Chron. Alan 1 164, 1176, 1187. f Hoveden 11 96. Flatey Book in Col. de Reb. Alb., p. 351. Chron. Man 1204, 1205, 1207, I2l6. lOO THE FEUDAL KINGDOM. [1263- was gratified by a visit from his sister's son Regi- nald, the new Bishop of the Isles, but the nephew, a strict disciplinarian, refused to hold any communi- cation with an uncle who had married within the forbidden degrees of relationship; and Olave, entering into the views of his nephew with suspicious alacrity, quickly disentangled himself from the unholy tie. and solicited the hand of Christina, a daughter of Ferquhard, Earl of Ross. Ronald's queen vowed vengeance for the affront thus offered to her sister, and dispatched secret instructions to her son God- frey Don. then residing in his appanage of Skye, A. D. 1223. biddin. The rivalry between the Scottish and Index, p. xi., xxiv., and 9, 2). The Scoto-Norwegian (or Gall-Gael) parties Nordreys, which had remained under in the north and west of Scotland can the kings of Man after Somarled easily be traced throughout the history acquired the Sudreys, fell to the Earls of this period. Man was held by of Ross. Magnus until his death, "ad firmam," 12 85.] CON VENTION WITH NOR WA Y. 105 inutility of retaining any longer distant possessions, which could never repay the cost and trouble of their defence ; and when the king laid the propositions of Alexander before his council, expressing his own readiness to consent to an arraneement, althouQ^h some opposition was at first encountered, he eventu- ally carried his point. Two Norwegians of dis- tinction were dispatched to Scotland, Sir Asketin the Chancellor, and Andrew Nicolson — the same Andrew whose distinguished gallantry at Largs had rescued his countrymen from destruction — and in the church of the Dominican Priory at Perth, upon the 2d of July 1266, they affixed their seals to a docu- v ment, making over the ancient kingdom of the Isles a.d. 1266. : to Alexander of Scotland and his heirs. Four thou- sand marks sterling were to be paid within four years for this concession, and the Scottish king bound himself and his successors to an annual payment of a hundred marks, to be delivered every midsummer to the agents of the king of Norway, in the church of St. Magnus at Kirkwall. A general amnesty was to be orranted to the Islesmen, who were to be at full liberty to remain under their new superior, or to retire with their property to Norway. The patron- age of the bishopric of the Isles was made over to Alexander, with a reservation of all the ecclesiastical rights of the Archbishop of Drontheim ; a few clauses were inserted to strengthen the bonds of alliance between the two countries — one for the especial protection of shipwrecked Norwegians — and both parties were bound to carry out their mutual engagements under a penalty of ten thousand marks. Such were the general features of the treaty by which all the islands off the coasts of North Britain, excepting the Orkneys and the Shetland Isles, passed io6 THE FEUDAL KINGDOM. [1263- from under the dominion of Norway into the posses- sion of the kings of Scotland."" Whilst the war between Henry and his barons was raging in England, and the Scottish auxiliaries, who had been sent to the assistance of their king's father-in-law, were involved in the disastrous defeat of Lewes, Alexander narrowly escaped a contest of a different, but hardly of a less formidable description. For many years the Scottish clergy had been busily strenethenin"" the bulwarks of their liberties ao^ainst the encroachments of the English prelates, and early in the late king's reign they had obtained a bull from Pope Honorius the Third, authorising their bishops to hold provincial councils without the intervention of either legate or metropolitan,^ At these synods one of their own number was chosen to preside, under the title of " the Conservator of the Statutes of the Scottish Church;" and the canons are still preserved which were enacted, or ratified, on two of these occasions. In pursuance of a similar policy, Alexander the Second steadily resisted the entrance of any papal legate into his kingdom until he had re- ceived a written declaration, that no disadvantasfeous precedent should arise if he withdrew his opposition • though on one occasion the legate, with very question- able honesty, carried off this important document when he returned suddenly to England, whilst Alexander was at too great a distance to prevent his departure. | * Ckron. Md. 1265-66. Forduii, admitted into Scotland ; but, as Lord 1. 10, c. 19. The treaty is given at Hailes observes, the opposition of the length in Torfceus, and in Chroii. Scottish king was probably grounded Man, p. 52. on the circumstance that the legate was . „ , , ^. only accredited to Ens;la>id ; for there t Reg. Morav., ^o. 257. ^ . . 'r 1 are several nistances of the entrance of J 3/(if. Pan's 1237, p. 301 ; 1239, papal legates into Scotland before the p. 336. According to Paris, Alex- treaty of Falaise, but always accredited ander asserted that no legate was ever to that country. 1285.] CON TES T WITH THE CLERGY. 107 Thirty years had now elapsed since the appear- ance of any of these papal functionaries, and though Henry had succeeded in obtaining the tenths of the ecclesiastical revenues of Scotland during the minority of her king, he had distinctly disowned all intention of grounding any precedent upon the grant, when Cardinal Ottabone dei Fieschi, who had arrived in a. d. 1266. London as a papal legate commissioned to settle the differences between the king of England and his barons, wrote to the bishops of Scotland demanding a subsidy from every cathedral, and parish church, to cover the expenses of his visitation. With one voice the Scots protested against the injustice of the claim, and instead of remitting the desired sum to the legate, the clergy placed two thousand marks at the disposal of their king to defray the cost of an appeal to Rome. The unanimity between the king and his clergy was destined, however, to be inter- rupted, for a time, through a quarrel between Sir a. d. 1267. John de Dunmore and the prior and canons of St. Andrews, the king espousing the cause of the knight, whilst the clergy stood by the prior and canons, wielding the usual weapons of ecclesiastical warfare, and excommunicating the refractory layman. Alex- ander desired the Bishop of St. Andrews to absolve Dunmore, and upon his refusal began to confiscate the property of his see ; but nothing daunted at these vio- lent measures. Bishop Gamelin extended the excom- munication to all the advisers of Dunmore, excepting only the royal family, whilst the clergy prepared for the contest by transmitting a subsidy to Ottabone, as a sure means of securing his co-operation. At this crisis the difficulty was solved by the moderation of the person most implicated, for Dunmore made his submission to the church ; so that when Ottabone io8 THE FEUDAL KINGDOM. [1263-^ presented himself upon the frontiers, requesting per- mission to enter Scotland as papal legate, he found the clergy reconciled with the king; and acting upon their advice, Alexander, after examining the creden- tials of the cardinal, refused to admit him within the kingdom.* Foiled by the unexpected unanimity of the very parties through whose dissensions he had expected A. D. 1268. to profit, Ottabone summoned the Scottish bishops to attend at the council of London, with a deputation from the abbots and priors to represent the inferior clergy. Two bishops, an abbot, and a prior, Avere directed by the Scots to attend at the council, not, however, in obedience to the mandates of the English legate, but by their presence to guard against any infringement upon the liberties of their church ; and as they considered that the enactments of the council of London were only binding upon the English A. D. 1269. church, in the following year they held a council at Perth under their own conservator. Ottabone, upon his return to Rome, persuaded Pope Clement to * Fordiin, 1. 10, c. 21-23. Tytler in viewing these occurrences in the omits to notice this dispute between light of a contest between the Churches the king and the clergy, whilst Lord of Rome and Scotland. So far from Hailes, singidarly enough, remarks that being "an independent church" and "the king suffered the legate to levy " no vassal of the Papacy," the Scottish part of the disputed contributions." Church had long resigned herself to The words of Fordun are, " Ipso anno entire dependance upon the Papal See, pacavit clerus Scotiae Ottabono legato and become the "daughter of Rome," in Anglia commoranti, de qualibet to escape the claims of her grasping marca sex denarios, et Huberto Cardi- neighbour ; for she feared the assaults nalide qualibet marcaquinquedenarios, of the papal legates upon her coffers non obstante appellatione de consensu far less than she dreaded the encroach- regis, et expensis sibi propterea prse- ments of the Metropolitan of York solutis." It was clearly a bribe offered upon her liberties. The Scottish and accepted, and the clergy were ready clergy objected to Ottabone, not in to yield every point in order to obtain the character of a. papal legate, but as the assistance of Ottabone in their a legate accredited to England alone ; quarrel. When that aid was no longer and they cautiously guarded against necessary, they resumed their patriotism, any future precedent arising from per- I cannot agree with Tytler and Hailes mitting him to enter Scotland. 1285.] COUNTESS MARJORY. 109 accede to Henry's request, and to grant the tenths of the Scottish benefices to the EneHsh kine, to be applied to the purpose of the crusade agreed upon in the council of London ; but the Scots refused obedience to the papal ordinance, on the grounds that their own country could equip a body of crusaders with the tenths in question ; and when the emissaries of Henry came to levy the contribution, the clergy deputed some of their own body to Rome to lay their cause before the pope. Their appeal seems to have been successful, for when Edward, about fifteen years later, requested a similar grant from Pope Martin, the latter only acceded to his petition on the stipulation that Alexander was not averse to the proceeding, and that the king of England should defray all the expenses of conveying the Scottish crusaders to Palestine.'"' As the Scots had declared their readiness to sustain their part in the crusade, it was incumbent upon them to fulfil their promises, and accordingly several of their principal nobles, assuming the cross, departed with their followers for Palestine. Amongst the number of crusaders who never lived to return was Adam de Kilconcath, Earl of Carrick in right of his wife, Marjory, the heiress of the late Earl Nigel. About two years after the death of Earl Adam, his a. a 1274. youthful widow was engaged in a hunting excursion, with a gay and gallant company of ladies and esquires in attendance, when a handsome cavalier of noble and distinguished appearance cantered across her path. The countess saluted the knight, and as the courtly manners of the day required, he returned the X- Fordun, 1. lO, c. 24. Haih'i council are preserved in licg. Abcrd., Annals, vol. i, p. 197. Fa-d., vol. I, vol. 2. pt. 2, p. 642. The regulations of this no THE FEUDAL KINGDOM. [1263- lady's greeting according to the agreeable custom of the age, but excused himself from joining in the chase, until Marjor)-, unaccustomed to refusal, laying her hand upon the bridle, turned his horse's head with gentle force, and galloped off with her captive to Turnberry Castle. The countess had secured her prize, and after a fortnight's imprisonment in the lady's bower, the )oung heir of Annandale and Cleveland capitulated, and became the husband of his adventurous captor. Alexander was furious at such a breach of feudal decorum, threatening, as a punishment, to confiscate the earldom ; but he suffered himself to be appeased by the entreaties of their mutual friends, and contented himself with levying a considerable fine upon the enamoured delinquents. The eldest son of this sinofular and romantic love- match was the illustrious Robert Bruce.'" For some time past the relations between the English and Scottish kings had been upon the most friendly and cordial footing, and the English princes were more than once the visitors of Alexander when he held his court at one of his frontier castles, par- ticularly Edmund, who appears to have been warmly attached to his sister Margaret. Alexander, in his turn, crossed the Borders, and repaired with his queen and a chosen band of his nobility to York ; Henry in person, as well as the English princes, receiving them within the walls of the ancient capital of the north. Little thought the Scots, who were the honoured (juests of the noble and chivalrous heir of the Eno-lish * Fordun, 1. lo, c. 29. The cus- valent in England, of the lady of the torn of a lady saluting a cavalier was house and her daughters receiving their not peculiar to Scotland; for some guests in a similar manner ; taking the generations later a foreign traveller opportunity, at the same time, of extol- remarks with considerable satisfaction ling the beauty and innocence of his upon the agreeable usage, then pre- fair hostesses. 12 85.] PRECA UTIONS OF AL EX A NDER. 1 1 1 crown, that in their princely and courteous enter- tainer they beheld their country's deadliest foe.* In spite, however, of this appearance of cordiality, - Alexander was most watchful in guarding against any encroachments upon the liberties of his kingdom, and when he brought his queen, with a brilliant retinue of nobility, to enhance the dignity of her brother Edward's coronation, and gratified the Eng- a. a 1274. lish courtiers with an unbounded display of hospi- tality and magnificence, he was careful to obtain a full recognition that his presence on this occasion should afford no precedent for establishing any in- jurious claims either upon himself, or upon any of his successors. t He also purchased the presentation to the Priory of May from the English monastery of Reading, in which the patronage had been vested by his ancestor David ; for he was uneasy at the presence of a foreign prior on an island that commanded the entrance of the Forth, and was the usual resort of a fleet of fishing boats, some of which came from the \ distant coasts of Holland.;}: Nor were these precau- A- tions wholly unnecessary, for Edward was already displaying an ambitious and encroaching spirit in his policy towards Scotland ; summoning the Scottish nobles who held lands in England to join in his expedition against Wales, apparently in the determi- nation of prosecuting to the utmost every claim which the feudal law allowed. It was probably in this spirit, rather than with the intention of augmenting * Fordim, 1. 10, c. 25. pliment Edward, all on dismounting f Fordiiii, 1. 10, c. 35. Robertson^s turning their horses loose amongst the Index, p. xi. xxi. Feed., vol. i, pt. 2, people. Prince Edmund, and the p. 520. Alexander surpassed all others Earls of Gloucester, Pembroke, and on this occasion, says the chronicler of Warenne, followed his example. Lanercost (1274), and according to J Fordiin, \. 10, c. 26. Vil. St. Knighton, 1. 3, c. i, he rode with a Kent, quoted in Macpherson' s IVynton, hundred knights in his train to com- vol. 2, p. 479-80. I I 2 THE FE UDA L KINGD OM. [1263- his army by a body of Scottish soldiery, that lie called upon the Earl of Buchan to render service in the Welsh wars ; which the earl evaded by pleading absence in the north of Scotland on the business of his own immediate overlord, Alexander supporting his excuses by a letter, in which he confirmed the representations of his vassal : and as shortly after- wards the kino- obtained from Edward a letter in which his "aid in money" was acknowledged as a friendly gift, of which no advantage should be taken to establish a feudal precedent, it may have been his right to an aid of this description that Edward en- deavoured to establish over the Scottish nobles w^ho were in the possession of property in England." For reasons that have escaped the notice of the chroniclers, the first six years of Edward's reign were suffered to elapse before the tender of the king of Scotland's homage was accepted, though this length- ened delay may, perhaps, be attributed to some diffi- culty which may have arisen about its conditions. A.I). 1278. At length, in the early part of 1278, Edward wrote to the Bishop of Bath and Wells, informing him that Alexander had notified, by an embassy, his readiness to perform unconditional homage, and signifying his own intention of repairing to London in " the Ouin- dene of St. Michael" — or the fortnight after Michael- mas day — to accept the allegiance proffered by his kinsman. In the course of the summer, Alexander *" Nostre service, que nus \ais sumes of Edward " de succursu petendo a tenuz pur nos terres de Engleterre," rege Scotise," and " de auxilio sibi are the expressions in Buchan's letter; facto in denariis per Dominum regem ' ' auxilium quod vobis debet ratione Scotise, quae non trahatur in conse- terrarum quas de vobis tenet infra quentiam." The latter was probably regnum vestrum," in that of Alexander to ensure Alexander against the " volun- (Fced., vol. I, pt. 2, p. 610, 611). tary aid" from his fiefs in England being Compare Trivet, p. 299, and Robert- quoted at a later time as a precedent soi^s Index, p. xxi. xxii. , for the letters for a stated feudal exaction. 1285.] THE HOMAGE AT WESTMINSTER. 113 received a safe conduct for three months, and was present at the EngHsh court In the month of June, when Edward held a Parhament at Gloucester before his departure for France. It must have been upon the return of the English king from that country, and after the time originally appointed for the perform- ance of the ceremony had expired, that, on the Sun- i6th Oct. day before St. Luke's day, Alexander tendered his homage at Tewkesbury, which Edward declined, assigning as his reason " that he had not his council with him;" but certifying, at the same time, under his own hand, at Coberle, on the following Monday, that 17th Oct. the postponement should not be regarded as a refusal of the offer. Eleven days later, on the Festival of 28th Oct. St. Simon and St. Jude, in a great assemblage of the English court held at Westminster, Alexander offered his homage for all the lands which he held in England for which homage was due — for some were held by simple fealty — saving always his own kingdom ; " and saving also the right of my lord king Edward to homage for your kingdom," interposed the Bishop of Norwich. " To that," replied the king of Scotland, raising his voice, " none has a right save God alone, for of Him only do I hold my crown." No further interruption appears to have occurred, and after the Earl of Carrick (now fully restored to the royal favour), swearing on the soul of his royal master, had made the usual declaration of fealty in his name, to which Alexander again added " for the lands I hold in England," the important ceremony was brought to a conclusion.* * Feed., vol. I, pt. 2, p. 554, 563. the Registry of DunfeiTnlyn, and fully Reg. Dunf. No. 321. Doc. etc., borne out by the letter of Boniface Illust. Hist. Scot. II. Cal. Rot. Pat., VIII. to Edward. Fad., vol. i, pt. 6 Ed. I. I have adopted the Scottish 2, p. 907. My reasons for doing so account of the ceremony preserved in will be found in Appendix L, pt. 2. VOL. TI. I 114 THE FEUDAL KINGDOM. [1263- Alexander was at this time a widower, for he A.D. 1275. had lost his queen three years previously, in 1275, an epoch marked also by the death of Alan Durward, and by a general revaluation of the ecclesiastical benefices in Scotland, made by Benimund de Vicci in behalf of the Papal See. Margaret was distin- guished for her great beauty, and for a pure and gentlecharacter,evidentlycapable of becoming warmly attached to those whom she loved. She clung fondly to her father, her brothers, and her husband ; and on her death-bed, when the dignified clergy hurried to the chamber of their dying queen, she strictly forbade their entrance ; and after receiving the last sacra- ments from the hand of her confessor, gave admission to the king alone. So sudden and unexpected was her death, for she was scarcely thirty-five, that it was attributed in some quarters to poison, though, as no one appears to have profited by the event, it would be difficult to assign a motive for such a crime.* Five A. D. 1280. years later, her youngest son, David, died at the early A. D. 1281. age of ten; and, in the following year, the princess Margaret was united to the youthful Eric Magnus- son, who had recently succeeded his father upon the The memorandum in the Fcedera (p. banks of the Tay, when one of her 563), which dates the performance of attendants, " armiger pomposus," bent homage on Michaelmas day, is irrecon- over the river to wash his hands, cilable with the testimony of Edward " Push him in," whispered Margaret himself, that it was offered and post- to one of her ladies, and the squire ponedat Tewkesbury ;«£>;'(? i'/i««<7_/i;;'/- floundered in the water. "What do night later. The memorandum, conse- I care?" said he laughingly, "I can quently, must have been drawn up long swim ;" and the bystanders applauded after the real date was forgotten, and his coolness, when suddenly he dis- as a historical authority is worthless. appeared with a loud cry, his page, * Fordun, 1. lo, c. 35, 37. Chro7i. who alone plunged in to save him, Zaw., 1274-75. Margaret appears to sharing his unfortunate fate. This the have mdulged occasionally in practical chronicler pitilessly regards as a judg- Jokes, and the chronicler relates one of ment for the wretched man's participa- which the result was serious. The tion in the death of Simon de Mont- queen was passing an evening on the fort. Chron. Laii. 1273. 1285.] THE ROYAL MARRIAGES. 115 throne of Norway. Before the departure of the princess to her future kingdom, her marriage contract was drawn out at Qrreat length, and ratified in due form, by both parties, at Roxburgh. Fourteen thou- sand marks were assigned to the princess as her dowry, and it was arranged that the interest of this sum, at ten per cent, was to be her jointure in case she survived her husband. One-fourth of the dowry was to be sent with the bride to Norway, and, upon her arrival in that country, a strong fortress was to be in readiness for the reception of the future queen and her attendants, in which the princess and her portion might be safely guarded from all danger, until they were both consigned to the youthful bridegroom on the actual day of the marriage. With such care was it thought necessary, in that age, to prevent any infringement of a contract of this description. It was also stipulated that Margaret should be crowned without delay, whilst any failure to carry out the terms of this agreement was to be punished by the forfeiture of the Orkneys, or of the Isle of Man, according as the fault lay with Norway, or with Scotland. Setting out on the 12th of August, with a brilliant retinue, on the evening of the 14th the princess reached her future home, where everything was conducted according to the tenor of the agree- ment ; and, in spite of the opposition of the queen- mother, her coronation was celebrated immediately after the marriage. '" The same autumn witnessed the union of the prince of Scotland with the Lady Margaret of Flanders, a daughter of Count Guy de * Fordun, 1. lo. c. 37. Fad., vol. ten years' piivchase. Ten/iVcv///' seems I, pt. 2, p. 595. From this document to have been a common rate of interest it would appear that land returning at that time. Mr. Innes [Sketches, etc., 100 marks yearly was valued at 1000 p. 109), gives some examples of land marks, or, in other words, it was worth selling at about thirteen years' purchase. I 1 6 THE FE UDA L KINGDOM. [1263- Dampierre ; a fortnight passed away in rejoicings and festivities, and then the knights and ladies, who had accompanied the bride from her father's court, took their leave of Scotland and returned to Flanders, highly gratified at the brilliancy and splendour of their reception.'" Alexander mieht now concrratulate himself on the prospect of a numerous lineage, but his hopes were doomed to a fatal disappointment, and fifteen months had barely elapsed before he was childless. As little more than a month had intervened between the marriages of his children, so only a few short A. D. 1283. weeks separated their deaths; and when Margaret, after giving birth to an infant princess, sunk into her grave in a foreign land, the sorrowful tidings of her untimely death found Scotland mourning for her brother.t The prince had latterly been wasting away under a slow and lingering illness, through which his mind also seems to have gradually been affected ; but even in this state the ambitious projects of England appear to have occupied his wandering thoughts, and, upon the night before his death, he turned to his attendants, talked wildly about an approaching contest with his uncle Edward, and suddenly exclaimed, " Before to-morrow's sunrise the sun of Scotland will have set." He was laid amoncrst his ancestors in Dun- fermlyn, and they who had stood around his death- bed, and listened to his dying words of warning, deemed in after years of misery and woe that the approach of death had inspired " his country's hope and his parents' happiness" — for as such was he * Fordun, 1. lo, c. 37. on 5th February 1283, when Alex- t Fordun places the death of Mar- ander assembled his estates and de- garet in April ; Chron. Lanercost 1283, dared her daughter his heiress, so that in February. She was no longer alive the latter authority is probably correct. 1285.] THE MASQUE AT JEDBURGH. 117 fondly remembered — with prophetic visions of the future.'" The first duty of the bereaved father was to settle the succession to his throne, and in a great assernblage of the estates, held at Scone within a week after the death of his only son, thirteen earls, eleven bishops, and twenty-five barons, recognised, in the name of the whole community of the realm, his infant granddaughter, Margaret, the Maid of Norway, as heiress of Scotland and the Hebrides, Man, Tyne- dale, and Penrith. t Eight years had passed away since the death of his queen, and Alexander appears to have enter- tained no thoughts of a second marriage, but he now wished for heirs, and in rather less than two years after the deaths of his children, he solicited the hand of Joleta, a daughter of the Count de Dreux. Their a. d. 1284. union was celebrated at Jedburgh with more than the usual festivity, whilst, to add to the magnificence of the revels, a brilliant and novel masque was pre- pared expressly for the occasion. The guests were still at table, when a band of musicians ushered in a troop of masquers, fully armed and equipped for the performance of a military dance ; the music struck up, the pageant commenced, and the eyes of all were directed with interest upon the show. Suddenly there glided in amongst the throng a skeleton form of Death, mingling among the masquers, joining for a few moments in the dance, and then seeming to vanish unaccountably from the hall. All stood aghast ; the music dwindled into a discordant wail ; the dancers stiffened with horror ; till at length, giving way to * Chron. Laiicrcost 12S3. The those who were present, the master of chronicler received this account of the his household and his chaplain, death of the prince from the lips of f Fad., vol. i, pt. 2, p. 638. ii8 THE FEUDAL KINGDOM. [1263- their terrors, the mummers hurried in consternation from the royal presence ; whilst not a few of those who had witnessed the mysterious apparition re- mained firmly convinced, to their dying day, that the grim King of Terrors had appeared in person, to warn Alexander of his approaching doom.* The ill-omened appearance of the skeleton at the bridal feast added to the sense of gloom which was, A. D. 1285. at this time, beginning to oppress the nation. Men's minds were filled with an undefined presentiment of evil, like the presage of impending woe which over- shadowed the couch of the dying prince of Scotland; and thoujjh these vaofue forebodinofs of misfortune shaped themselves at the time into various forms — a general feeling prevailing that the end of the world was at hand — amidst the horrors of the struggle that was so soon to commence, they were .naturally re- membered as all but prophetic warnings of the dangers and disasters impending over their native land. The winter was unseasonable; thunder-storms at Christmas, and meteors blazing in the sky, appeared to prognosticate, in the opinion of the sages of those days, the fall of princes from their thrones. Upon the 19th of March, Alexander held a council in the Castle of Edinburgh, to deliberate upon the case of Thomas of Galloway, who now for nearly fifty years had been a prisoner of the Balliols in Bernard Castle. The day was most tempestuous, and the hail and sleet, driven before a cutting north wind, was long recollected by the chronicler of Lanercost as almost too painful to be endured ; but all went on gaily C/u'on. Lanercost 1284. Foniun, Alexander, lo whom, and to the ini- 1. 10, c. 40. The whole scene appears tiated, the terrors of the masquers were to have been a practical joke, played doubtless the best part of the entertain- off at the expense of the mummers, ment. very probably with the connivance of 1285.] THE RIDE rO KINGHORN. 119 within the sheher of the castle walls, and at the repast served up after the conclusion of the council, Alexander is said to have made a laughing allusion to the fears of the time, advising his barons to dine well, as such a day must surely portend the approach- ing end of the world. At the conclusion of the meal, he rose to depart for Kinghorn, where his young queen was then staying, persisting in his resolution of setting out in spite of the entreaties of his friends ; for all seasons were alike to the dauntless spirit of Alexander. Every step of that melancholy ride was lone afterwards remembered with reo^ret. The master of the Oueensferry entreated his sove- reign not to attempt to cross on such an evening, but the fearless king merely inquired if his officer was afraid to accompany him. " Far be it from me," was the answer, " to shrink from death with your father's son." The dangerous passage was accomplished in safety, and Alexander rode on, with only three squires in attendance, towards Inverkeithino-. Darkness set in so rapidly that, by the time the horsemen reached that place, the master of the royal saltworks only recognised the king by his voice, and, startled at his presence on such a night, earnestly advised Alex- ander to proceed no further. Still the king per- sisted in his intention, observing, with a smile, that his wants at Inverkeithing were limited to the attendance of two guides on foot, to point out the right path to Kinghorn. A few miles farther even the guides had lost the track, and the whole party was oblieed to trust to the instinct of the horses to keep them from falling over the cliffs, when suddenly the animal upon which the king rode tripped over some obstacle in the dark, and as his attendants, startled at the noise, hurried through the gloom to I20 THE FEUDAL KINGDOM. [1263- ascertain what had happened, they stumbled over the Hfeless body of their royal master.* From the circumstances of his death, and from the misfortunes which it entailed upon his native land, it is scarcely a matter for surprise that the Scots should have regarded the memory of Alex- ander with the same feelings of affectionate regret, with which the Anglo-Saxons of an earlier period used to cherish the recollection of the Confessor. All his errors were forgotten, his good qualities were alone remembered, and he stands out in the pages of Fordun as the model of a great and virtuous sove- reign. "In the days of Alexander," says the his- torian, " the church of Christ flourished, and her ministers were reverenced with the honour which is their due. Vice decayed, craft disappeared, and wrong-doing ceased throughout the land ; virtue, truth, and justice, reigning triumphant. He was true of heart, devout in mind, prudent, temperate, and brave, gentle and affectionate in his nature, and just and equitable in all his dealings." The account of Fordun is probably exaggerated, but there was much in the character of Alexander to justify his eulogium; and, to judge from the events of his reign, he was an able, upright, and high-spirited sovereign, wisely bending his best energies towards the promo- tion of the internal prosperity of his people, but never backward in asserting the rights and liberties of his kingdom. In personal appearance he was tall and strongly made, but in perfect proportion ; athletic, without any tendency to corpulence; and with an amiable and light-hearted expression of countenance, which, with his warm feelings and * Chron. Lanercost 11%'^. The writer have been intimately acquainted with was a contemporaiy, and appears to the circumstances which h.e relates. 1285.] THE WIDOW OF EDINBURGH. 121 kindly manner, easily accounts for his universal popularity. His people loved him, for " he was loyal, loving, and liberal;" his enemies even were forced to respect him ; and the grim chronicler of Lanercost, who loved him little, is obliged to confess that " all wept his loss," though he adds with his usual bitterness, " except those whom he had loaded with benefits." According to the same relentless authority, who appears to have felt for his untimely death none of the regret which it inspired amongst his own subjects, regarding it rather in the light of a righteous judgment of God, Alexander was doomed to evil from his cradle. His father, riding through the city of Edinburgh soon after the birth of his heir, was accosted by an old woman, the widow of a burgess, who, offering him a handful of tallies, ad- dressed him thus : " I was once rich, and am now poor ; see all that your servants have given me for the provisions they have extorted from me. Take them all back ; I only ask payment for the hen they carried off from me yesterday." " Lady," replied the courteous king, " only have patience for a little while, and you shall be paid for all in full;" then gently pressing his horse with the spur, he endea- voured to pass on, but the quaint and querulous curse of the old crone overtook him. " God grant you may feel, over your only son, all that I felt yesterday over the twisted neck of my chicken!" " Heaven avert it," murmured the poor king, as he thought of his innocent child; but five and forty years kter, the widow's unchristian curse is supposed by the chronicler to have been fulfilled, in the catas- trophe that plunged all Scotland into mourning. In vain had the king been warned of judgments still impending ; in vain had it been pointed out to him 122 THE FEUDAL KINGDOM. [1263- that his wife and his children were taken away for his ofTences. He married Joleta, who, according to some accounts, had once been destined for the cloister. For three years he encroached upon the liberties and limits of St. Cuthbert's territory — allud- ing to a dispute, still unsettled, about the adjustment of the southern marches — and on the 19th March, the vigil of the revengeful saint, he fell from his horse, and " slept the sleep of Sisera." Thus wTote the chronicler of Lanercost with a harsh and stern satisfaction ; the sole real fault which he urges against the king not being, in his opinion, the true cause of his punishment.'^ No laws or statutes of the third Alexander have been preserved, but he appears to have trodden in the footsteps of his predecessors, and to have carried out their policy, which may now be said to have become traditional. He seems to have renewed, and rendered still more stringent, the enactment about agriculture, passed in the first great assemblage of the community in his father's reign, every pro- * Fordtin, 1. 10, c. 36, 37, 41. texeie de cineribus extinctis (the dead Chron. Lan. 1241, 1285. "Deusper king) referam hoc loco ad laudem in- quD2 patravit eum punivit. Solebat corruptse Virginis quod proxima huic enim ipse nee tempori parcere nee tem- eventui accidit Annunciatione." He pestati, nee aqiiarum periculis nee sax- goes on to tell how a villein, ignoring orum scopulis, quin de nocte sicut in the festival of the Conception, yoked die cum sibi visum foret, aliquando his oxen to the plough and bade his mutato habitu, saspe imo comitatus son drive them. The brutes, more socio, matronas et moniales, virgines devout than their master, refused to ac viduas, non satis honeste visitare." work, when, snatching the goad, he The punishment, however, was for hurled it at one of them. The weapon, visiting " novam nuptam Yoletam no- missing the ox, killed his child, "quo mine," whom he had married " sibi in corruente tit parricida sui seminis, pro- dolorem et toti provincice in damnum fugus su£e nationis, pestilens*in aucto- perpetuum. " The character of the remsalutis, et proditor sui." Exultingly chronicler, who scarcely seems to have consigning another victim to eternal been familiar with the fourteenth chap- perdition, " ad laudem incorruptae Vir- ter of St. Luke, is well displayed in ginis," is his idea of relieving "a dry the following passage, " sed certe quia narrative about dead ashes !" nimis sicca censetur historia seriem 128 5.] REGULATIONS OF THE KING. 123 prietor of an ox being bound, according to Wynton, to plough an ox -gang of land, the measure first taking its name in this monarch's reign. Every man who had neither property nor handicraft, says Fordun, was obliged to dig daily seven feet square of land ; and though the historian enlarges upon the royal abhorrence of idleness, *' the mother of trifling, the step-mother of all that is good," as the reason for this minute enactment, it is very evident that the king only carried out the regulations for the promo- tion of agriculture, and the discouragement of pastoral indolence, which are laid down in the statutes of his predecessors with the usual dry abstinence from all moral reflections. Like his immediate ancestors, he regularly made the circuit of his kingdom once every year, proceeding with his justiciaries and a chosen band of knights and nobles from shire to shire, the sheriff of every county receiving and escorting him from one frontier to another, according to the regula- tions which will be found in William's laws. He further subdivided the office of justiciary which, since his grandfather's reign, had been held by the two great officials of Scotland and Lothian ; the northern portion of the kingdom being placed under two supreme judges, the limits of whose jurisdiction were separated by the great central chain of " the Mounth;" whilst southward of the Forth, Galloway was detached from Lothian and placed under a separate justiciary. Ever since the introduction of feudalism and the tenure of knight-service, which brought a body of mounted men-at-arms into the field, great attention seems to have been paid to breeding horses, parti- cularly in southern Scotland, where many of the greater magnates had establishments for this especial 124 THE FEUDAL KINGDOM. [1263- purpose. A marked progress is traceable in this re- spect in the difference between the thousand mounted followers of the second Alexander, at Ponteland, with their "serviceable but not costly horses," probably with no cross of Moorish blood, and the Scottish chivalry at Lares, fifteen hundred men-at-arms mounted on excellent horses of Spanish breed. Alexander him- self appears to have had several studs, but he seems to have become alarmed with a fear, not uncommon in that age, lest the supply of corn should fall short, and limited the number of horses to be kept by the dignified clergy and greater barons, lest the poor, says Fordun, should be deprived of their necessary food. His commercial policy can scarcely be con- sidered enlightened, being dictated in strict accord- ance with the narrow prejudices of the age. The burgesses were confirmed in all their monopolies, the whole domestic and foreiofn trade beingf concen- trated in their hands alone. Because the frequent losses oF Scottish ships, some captured by pirates, others wrecked upon the iron-bound eastern coasts, impressed the king and his council with alarm lest the wealth of the kingdom should thus perish use- lessly at sea, the export trade was peremptorily forbidden, an enactment most reluctantly complied with. Such risks were for foreigners alone, and be- fore the year had passed, says the exulting historian, the Scottish ports were crowded with foreign ship- ping, and abundance reigned throughout the land; multitudes arriving from every quarter to admire the justice, study the policy, and contemplate the power of the kingdom, and wonder at the sagacity of her sovereign. In other words, the retention of the superabundant raw produce of the country within 1285.] ^^S COMMERCIAL POLICY. 125 the boundaries of the kingdom naturally resulted in lowering its price, and foreign merchants were only too ready to encounter the usual risks of the sea and profit by this cheapness, and by the legal annihilation of all competition. They thus monopolized the whole foreign trade, the Scottish trader being legally disqualified from exporting produce except in their vessels ; and the shrewd merchants of Lombardy, eager to take advantage of such an opening, besought the king's permission to build "royal burghs" — or factories — specifying amongst other places a hill above Queensferry, and the Isle of Lenery off Cramond, and only stipulating for a few religious privileges. Tempted probably by their offers, which revealed a vision of future tolls and dues, Alexander was inclined to listen to their overtures, and would thus, unwittingly, have completed the ruin of the Scottish merchants by depriving them of their sole remaining privilege of agency ; and it was owing probably to the opposition of the trading class, already sufficiently injured by the prohibitory enact- ment, that the whole scheme fell to the ground, though, had the king's life been prolonged, it is not unlikely that the Lombards would have gained their end. The royal policy, however, though occasionally erroneous, was evidently dictated by the best inten- tions, and, as might have been expected, from his anxiety for the general welfare of his people, it was influenced by the same love of peace as had dis- tinguished the career of his father. Both were recollected in after years as " Kingys of Pes," and " Pessybil Kynges ;" and amidst the miseries of the subsequent protracted struggle, the Scots fondly looked back upon the reign of their latest sovereign 126 THE FEUDAL KINGDOM. [1263- of native origin as an era of peace and prosperity — "of wyne and wax, of gamyn and glee."* * Fordnn, 1. lO, c. 41, 42. IVynton, bk. 7, c. 10. For the attention paid to horse-breeding see Mr. Innes's " Scotland in the Middle Ages,'''' p. 13 1, and Sketches, etc., p. 190, and Tytler's Hist. Scotland, vol. 2, c. 3, p. 183. Famine was one of the greatest scourges of that age, and oats supphed meal to the Scottish man as well as food for the Scottish horse. Hence, probably, the cause of Alexander's enactment. Ac- cording to Tytler {^Hist. Scotland, c. I, p. 52, Edit. 1841), the Lombards "offered to establish manufacturing settlements .... Unfortunately the proposal of these rich and industrious men, for what cause we cannot tell, proved displeasing to some j^owerful members of the state, and was dis- missed." I cannot quite agree with this view of the case. " Offerent ad ^dificandas .... regales civitates," are the words of Fordun, factories rather than manufactories — royal burghs, which would have conferred all the privileges of royal burgesses upon the Lombards. One of these privileges was that none but a free burgess could buy or sell, and after the whole " cairy- ing trade" had been throwni into the hands of foreigners, the Scottish mer- chant still retained the position of an agent between the foreign purchaser and the native seller of the raw produce of the country. Had the Lombards built these " royal burghs" they would have acquired equal privileges, would have dealt on their ovm terms with the native producers, and would soon have driven the cramped and fettered Scot- tish merchant out of the market ; and it was probably the natural opposition of the latter class, rather than of the greater magnates, which prevented the settlement of the Lombards. If the shrewd Italians wished to settle in the countiy " to admire the policy of Scot- land and the sagacity of her king," their admiration must have been of a peculiar description. 1285.] THE CONCLUSION. 127 CHAPTER XVII. The Conclusion. The thirteenth century draws to a close, and Scotland is upon the eve of her eventful struggle against the might of England, which threatened at one time, through the interested rivalry of contending factions, to erase her from amongst the number of independent nations. The varied fortunes of that momentous contest belong to the history of another epoch, but before concluding this attempt at throwing some light upon the obscurity of her earlier annals, it may be as well to sketch the condition of the country, and of the people, at the commencement of that era, from which may be dated the more complete amalga- mation of her mixed population, and the rise and formation of a national language and character. In Scotland, as in every other quarter in which the principles of feudalism were acknowledged, the king was by far the most important and prominent personage in the state. To him belonged in theory the whole country ; he was the fountain of honour, the source of justice, and the sole arbiter of the policy of the kingdom, whether in peace or war. Practically, indeed, there were many checks upon an authority apparently so unlimited, but, in theory, the doctrine of Imperial Rome had by this time thoroughly penetrated the system of government, and every right, liberty, or privilege was looked upon as 128 THE CONCLUSION. [1249- emanating from a royal concession, and almost invariably confirmed by a royal charter. Setting aside, however, the Roman theory, which was at the basis of imperial feudalism, at the close of the thirteenth century, the Scottish feudal king may be regarded, from one point of view, as the leading " Freeholder" of his dominions, the Apex as it were of the whole community — of all who had a share in the realm — every free proprietor enjoying, more or less fully, by "royal grace" the same prerogatives, whether financial, military, or judicial, which the sovereign was supposed to hold by " the grace of God," an expression merely meaning that he alone acknowledged no superior or "over-lord." His revenues were derivable from private rather than from public sources, for taxes, in the modern sense of the word, were unknown. All the land which was neither vested in the church, nor permanently granted out in " noble tenure" amongst " the baronage," was crown property, whether in demesne or held heredi- tarily in thanage; paying rent, and under the general superintendence, as in England, of the royal Vice- comes or sheriff, the chamberlain . being the official who was supreme over the actual treasury. No payments of any description in money were due from lands held in Franc-Almoigne, or by knight-service, except in the latter case the usual feudal aids on the kniehthood of the heir, the marriao^e of the eldest daughter, and the redemption of the royal person from captivity. The royal burghs were another source of profit to the crown, every burgage tene- ment being held by rent; tolls and dues also adding a considerable amount to the revenue from the same quarter. Fines levied for offences tried in the higher courts under the name of the " Four Crown 1285.] SOURCES OF THE REVENUE. 129 pleas ;" Mcrchct, or the payment on the marriage of a vassals daughter ; and Relief, or the fine exacted from the heir on succession — usually known as Heriot when paid from thanages, or by holders in ignoble tenure — may be also numbered amongst the sources of the sovereign's income, together with the right to the Wardship of all noble fiefs during a minority. These wardships, together with the Mari- tagc — or the right of bestowing the hand of an heiress in marriage — appear to have been often sold or granted to the next of kin, or to some favoured subject; and in this manner David of Huntingdon seems to have enjoyed the earldom of Lennox, Alan Durward the earldom of Atholl, and Earl Malcolm of Angus that of Caithness, during the minority of the respective heirs ; such interlopers occasionally proving stumbling-blocks in the path of modern antiquarians, who in their genealogical researches have forgotten to take this feudal principle into account. The church in the case of all those lands which she held by the old allodial tenure of Frank- Almoignc- — in free alms — was not liable to the feudal burdens which she nevertheless exacted from all her vassals ; but the sovereign occasionally exercised a sort of wardship even in her case, and was not slow to take advantage of all such opportunities. During the vacancy of a see, and until the bishop-elect had obtained his confirmation from the pope, the episco- pal revenues reverted to the king, and at one period of his reio^n Alexander the Third held no fewer than five bishoprics in this manner, whilst the Roman cardinals disputed about the election of a pope.'" All such sources of revenue, however, may be charac- terised as " extraordinary ;" the annual amount of the * Fordiin, 1. 10, c. 28. VOL. IT. K I30 THE CONCLUSION. [1249- sovereign's "ordinary" income being probably esti- mated from the fiscal rents due from the crown lands and burgage tenements. Every freeholder derived his income, more or less, from similar sources as his sovereign, though it was only the great lay and eccle- siastical magnates who could boast of their depend- ant thanes or burghers, or claim " Relief, Wardship, and Maritage" from their vavassors or knightly vassals; but Merchet, Heriot, and fines levied for minor offences, in addition to the revenue derived from ordinary sources, could be exacted by every freeholder entitled to hold a court, who, within the limits of his hereditary freehold, was in many respects a petty sovereign. -V In his judicial capacit)- the king was the fountain of justice, and he seems indeed to have passed much of his time in those progresses as supreme judge from shire to shire, for which such careful provision was made in the laws of William. To judge his people was still the ordinary employment of a Scot- tish sovereign in time of peace, and he seems to have generally made an annual circuit through the sheriffdoms of Scotia and southern Scotland ; probably limiting his progresses in Moldavia to Inverness, and seldom penetrating farther into Galloway than Dum- fries. The higher courts of law at this time followed the sovereign, for there was neither fixed royal residence, nor capital in the modern sense of the word ; the king migrating with his court from one royal castle to another, occasionally residing in an abbey, or with one of the greater magnates amongst his nobility, many of the castles in the more settled districts being, for obvious reasons, connected with a burgh. Edinburgh and Linlithgow, Roxburgh, Jedburgh, and Berwick, were amongst the principal 1285.] ROYAL RESIDENCES. 131 residences of royalty in southern Scotland, with Dumfries upon the borders of Galloway, and Ayr upon the western coast of ancient Cumbria. Stirling commanded the passage of the Scots-water, and, situated between the two great divisions of Scotia and Lothian, was amongst the most important places in the kingdom, and a frequent and favourite resid- ence of the sovereign. Crail was in Fife, and further northward, on either side of the Tay, were Kinclevin and Cluny ; Forfar, Glammis, Kincardine, and Cowie were held for the king along the eastern coasts ; whilst Aberdeen and Durris, Banff and Fyvie, were in Scotia beyond the Mounth ; and Elgyn, Nairn, and Forres in the ancient province of Moray. Inver- ness, in some respects the Stirling of the north, long bridled the disaffection of the clans to the westward of the Glen More, though the policy which had attached the great Earls of Ross to the royal cause, durinof the last two reiens, had removed all serious reason for uneasiness in that quarter. Such were the usual residences of royalty at the close of the thirteenth century, though, besides the castles above enumerated, there were others in various quarters held in the kind's name, though seldom, if ever, visited by the royal court. None of the burghs could claim as yet to be the capital, for none could be said to be the permanent residence of the royal court. The capital of an earlier age was the spot where the whole community, or confederacy, was con- vened to elect their sovereign, or supreme magistrate, whether for peace or war; and where every individual freeholder could claim his "right" in the magnum placihcin, or great assembly of'his "peers." In this sense the " centre of Gaul," where the Gallic Druids met in the territory of the Carnutes, bid fair to be- 132 THE CONCLUSION. [1249- come a capital of Gaul ; Tara was long the capital of Ireland, Upsala of Sweden, and after the abandon- ment of Dun-fother, the Moot-hill of Scone continued to be the ckef-liai, head locality, or capital of Scot- land, where the kings celebrated their coronation. After the institution of shires and provinces a capital of this early description sometimes sunk into a mere name, the men of each shire or province assembling at their own place of meeting, and the royal court moving regularly from the capital of one district to that of another. There was a period when the Freeholders of England, after the discontinuance of the ancient custoin, insisted that " Common pleas should not follow the king," murmuring at the idea that the royal courts of law should be held at a distance from their own place of assembly. Courts of law, however, gradually ceased to follow the sovereign, and as the location of the county courts in some one town assigned it a pre-eminence in the shire, so the burgh, in which the ro)'al courts at length became permanently stationary, assumed the foremost place in the kingdom — Mercian London thus supplanting West-Saxon Winchester; Paris, Rheims ; and Edinburgh, all other places in Scotland. It is not at all certain, however, whether at this period the constant residence of the royal court at any one spot would have been regarded as an especial privilege. There was a time indeed when a king and his followers lived at free-quarters where- ever he went ; and in the days of Rufus the wretched peasantry used to fly at the approach of the Anglo- Norman court, leaving their property at the mercy of the royal purveyors, and thankful even in their ruin to escape with life. Such outrages, indeed, were never perpetrated at this time in Scotland, for her 1285.] THE FOUR JUSTICIARIES. 133 kings were a kindly race; but when the siippHes from the royal demesnes and Can fell short, the purveyors were empowered to exact the necessary provisions from the burgesses, or neighbouring tenantry, usually paying for them with tallies — sticks notched, or tallies — the value of such payments, from the contempt expressed for her tallies by the malevolent widow who confronted the second Alexander in the streets of Edinburgh, seeming to have been occasionally somewhat questionable. Even the tally, however, was an improvement, and an advance upon the earlier system. Debt is an evil of a civilized state of society ; a ruder age, when exaction is only limited by the power of resistance, would scorn to acknow- ledge such a claim ; and payment in notched sticks, though not invariably equivalent to "sterling pennies," was preferable at any rate to payment with the dagger or the cord. It must not be supposed, however, that at the close of the thirteenth century it was still customary for the sovereign to sit in person in his court of justice, except perhaps on extraordinary occasions. When Earl Harald of the Orkneys was summoned to bring his prisoners to Nairn, the court was undoubt- edly at that place, and all the judges of the sheriff- dom were in attendance, as bound by law ; but the king himself was hunting in the neighbourhood, and his place in the court of justice was supplied, most probably, by the grand justiciary. Four great officers were now known under this title, two for Scotia, north and south of " the Mounth," a third for Lothian, and the fourth for Galloway, or all southern Scotland not included in Lothian, the royal justiciaries alone holding jurisdiction, except in special instances, in the four pleas of the crown. As long as law was 134 THE CONCLUSION. [1249- simply " ancient custom," the Graphic, the Scabious, the Ealdorman, or the Senior thane, were fully capable of dealing with it, and disputed points were referred to the general assembly of the freeholders ; but the introduction and development of Roman law ma- terially altered the case, and when the judge was bidden to " read the Roman Code," in an unlettered age, he necessarily had recourse to the clergy. It was a change of vast importance which thus trans- ferred the interpretation of " right," and law, from the whole body of freeholders to a learned and subtle class of jurists, gradually converting the " Advocate" from a powerful and unlettered patron, into a " Coun- cillor learned in the law ;" and with the establishment of the civil law in Scotland the grand justiciary must have, ere long, been supplanted for all purposes of real business by his " clerk," who still continues to be the highest officer of the law in Northern Britain, though no longer tonsured, or in orders.* Second only in importance to the royal court was that of the " Regality," in which the judge of the earl, greater baron, or dignified churchman, exercised a jurisdiction identical, within the limits of the regality, with that of the royal justiciary. Many, if not all the earldoms, seem to have been at this period regalities, bishops, the greater abbots, and barons * Nowhere is it more clearly shown comitatus, qui liberas in eis terras that the Freeholders were of old the habent" {Lci^: Hen. I. xxix.), "the sole " lawyers," than in the argument king's judges" were not the legal supposed to have been urged by the officials of a later age, but — the jury. Anglo-Saxons against the Conqueror's The growth and development of an intention of establishing Anglo-Danish elaborate system of law, and the rise customs over the whole of England; of a separate legal class, have com- " durum erat eis suscipere leges, ct pletely changed the character of the jiidicare de eis quas nesciebaitf {Leg. modern juiy ; and though the old Conf. xxxiv. ) It must be always re- principle remains in force, the original collected that in such passages as the reason for its establishment has long following, " Regis judices sunt baroues since disappeared. 1285-] MINOR COURTS. 135 enjoying " the rights and customs of an earl," sharing probably in the same privileges ; for it appears to have been the policy of the Scottish sovereigns either to grant — or continue — the extensive powers of an earlier epoch to the great nobility, especially in the north and west, and upon the English border, who were permitted to rule their turbulent districts with all but regal authority ; and it must have been in virtue of privileges of this description that, as late as the close of the sixteenth century, M'Gregor of Glenstrae was beheaded upon the green of Kenmore by order of the knight of Glenurchy. In this exten- sive delegation of the royal authority may be traced the germs of that overgrown power of the greater nobles which was, too often, the bane of Scotland in a later age ; and James the Sixth, in his satisfaction at observing the diminished retinue of Argyle after his battle with Huntly at Benrinnes, only expressed the secret feeling of many a Scottish king by his quaint and characteristic remark, " Fair iall thee, Geordie, for sending him home like a subject."* Next to the regality was the court baron, originally with a right to " pit and gallows," which, in later times, was only exercised when the homicide was taken " red hand," or the thief " in-fang" — caught with the stolen property — within the limits of the baronial manor. Courts of vavassors — or knights — and freeholders, are also mentioned in the statutes of William ; and one would appear to have existed in early times in every thanage, presided over by the hereditary deempster, all the lesser courts which survived to a later era being probably included under the tide of " Heritor's Courts." They were all originally held upon Moot-hills, and in no case was * Iimcs Sketches, ck., p. 345, 385. 136 THE COXCLUSIOX. [1249- a freeholder bound to attend, or " orive suit," in any of them, unless he held land of the lord of the barony in which the court was convened. The authority of the sovereign in his military capacity, as leader of the national forces, was at this time delegated to the two great officials, the con- stable and the mareschal, both holding their offices by hereditary tenure, the latter being more particularly the leader of the feudal chivalry who were bound to knight-service. The national arm)' was made up of all who held their lands by this latter tie, and of the great body of the people who were bound to " Scot- tish service." The Miles, soldier, or military follower, in the days of Chlovis, was a member of a compara- tively subordinate class, resembling probably the Gallic Ambact in the time of Caesar, and only rated at half the valuation of the Prankish Lend. In England, also, at a much later period, the Miles, or king's thane, as such, was still distinguished from the Gesithaindnian, or member of the noble class ; for though all the latter were undoubtedly obliged to serve in the royal army, the former was not necessarily ennobled by performing such service. After the change introduced in the course of the tenth century, military service gave the title to nobility, and from this period every nobleman was a TJiane, bound to be well provided with defensive armour ; for, by imperial law, every man with a certain amount of property forfeited the whole if he was not provided with defensive, as well as with offensive, armour. The Miles, or military follower, was now the Thane's attendant, the Ciiieht : not necessarily a horseman — a Reiter ox Chevalier— dimongst the Anglo-Saxons, who were not a race of riders like the Northmen. After the Conquest, however, and the arrival in England 1285.] THE NATIONAL ARMY. 137 of the most martial chivalry of the age, the character of a horseman was inseparably connected with the knight — the military attendant of the baron, who was himself nothing more than the Wer, or Man, of the king — even the armiger, or man-at-arms, whose name of entyer marks him to have been once a simple attendant upon the horse — a groom or helper in the stable, when the Mareschal was only a farrier — being by this time fully sheathed in mail, and forming, with the knights and barons, the mounted chivalry of the age, who held their lands by the tenure of such service. All the feudal tenantry in Scotland whose property reached a certain value were bound, either to furnish a force of this description, or to serve in person as members of such an array ; but the great majority of the nation still held only by Scottish service, and rallied around the standard of their sovereign, armed with little more than the usual weapons of offence. The lowest member of this class seems to have been the tenant of a husbandland, who served as an archer, or a spearman ; though within a few years Robert Bruce, probably from the exigencies of the period, obliged every " man with a cow" — every Bordariiis, or free labourer with a cottage and a few acres of land — to serve in the royal army as a spearman, or an archer, with a bow and a sheaf of four-and-twenty arrows.'"' Next to the sovereign may be ranked the two great estates, the clergy and the baronage, who to- gether composed the whole of the free proprietary, the only real "people" at this period, or community of the realm. t The leadinsf members of both these * Stat. Rob. I. Act. Pari. Scot., of the word Cotnmicnitas. It evidently vol. I', p. 117. meant "all who had a share," whether + I cannot see any reason why there in a burgh, a county, or the whole sliould be a difficulty about the meaning realm — all the freeholders — in its widest 138 THE COXCLUSIOX. [1249- orders — the dionihed clergy and the great territorial mao-nates, whether earls or barons — holdino- their own courts, with power of life and death ; surrounded by a retinue of chamberlains, chancellors, seneschals, and other officers, exactly corresponding- with the royal household ; followed on all occasions by their own knights and thanes of g^entle birth ; numbering free towns amongrst their sources of income, and burofesses amongst their dependants; entertaining the sovereign himself in their numerous castles, and only appearing in the court of his sheriff by their deputy, or seneschal ; were in some sense lesser sovereigns themselves with- in the limits of their own territories. A few of the higher clergy were very wealthy, their incomes rival- ling, if not occasionally exceeding, the royal revenue, and being derived, in addition to tlie usual sources open to the laity, from tithes and ecclesiastical dues belonging to them in their clerical capacity. Others were comparatively poor, and when the bishopric of St. Andrews was valued at more than eiofht thousand pounds, the see of Argyle was only rated at two hundred and eighty. Next in value to St. Andrews was Glasgow, reckoned at upwards of four thousand pounds; Aberdeen, Moray, and Dunkeld, followed in succession, all the rest being only rated in hundreds. The great religious houses seem to have frequently increased their income by confiding their churches to the charge of vicars, who generally appear to have been remunerated with the usual third, the remaining two-thirds, or the rector's portion, lapsing, of course, to the monastery ; such being, very generally, the origin of vicarages. As the especial " daughter of extent, just as the baronage included claim freehold- right witliout any higher the greatest earls and barons with the title, such as earl, baron, knight. This smallest yeoman freeholder. In its freehold-right, or fmiichisc, has now- narrower sense it meant all who could become — a ''otc. I285.J THE NEW VALUATION. 139 Rome," the Scottish church was pecuHarly Hable to the visitations of her legates ; and in addition to the usual "tenths" or "fifteenths" exacted for the Cru- sades, the popes seem to have levied a sort of feudal aid of four or five pence in the mark, or from two and a half to three per cent, upon the property of the church in Scotland. The increasing prosperity of the country during the reigns of the two Alex- anders seems to have not passed unnoticed at Rome; and accordingly, in 1275, Benimund de Vicci appeared in Scotland for the express purpose of revaluing the property of the church, a proceeding most distasteful to the clergy, who, " with much expense and more pro- mises," says Fordun, persuaded the legate to return to Rome and prevail upon the Pope to be content with the original valuation, counting seven years for six. The Pope, however, was inexorable, and his judgment was correct, for the "New Valuation" proved that property had increased in value nearly one half since the original taxation ; and some idea may be formed of the wealth of the clergy from the contribution of the Cistercian order, which, on this occasion, amounted to fifty thousand marks of silver. Much of this wealth may be attributed to the great improve- ments introduced by churchmen into agriculture ; for though, of course, there were individual exceptions, yet, as a class, the clergy were probably at this period more intellieent and enlightened than either baronao^e or burghers; and their tenantry, seldom, if ever, called upon for military service except in the royal army, and thus, unharassed by the private feuds of their superiors, prospered accordingly, though perhaps at the expense of their martial character.'"' ■" /wX'. Prior. St. And. , p. 360. of the archdeaconry of Lothian accord- Fordun, 1. lO, c. 35. The vakiation nig to the antiqiia taxatio was ^^2864, I40 THE CONCLUSION. [1249- The Second Estate, or baronage, included in its widest meaning not only the greater barons, but every freeholder who formed an unit in the whole community of the realm. Four classes are enume- rated at a later period, when Scotland was yet more thoroughly feudalized — barons, vavassors or knights, sub-vavassors or squires, and sub-arniigeri, answer- ing, apparently, to the English yeomanry ;* but besides these classes, the " Freeholders by charter" — libere tcncntes per cartas — in the thirteenth century included a numerous body holding by " free service," though not " in knight's fee," and claiming the privi- leges of " free and gentle birth;" the thanes, probably, at this period, answering to knights or lesser barons, and the ogtierns to squires. Upwards of a century had now elapsed since it had been remarked by an English writer, in the days of Henry the Second, that whilst the bulk of the villeinage remained un- changed in England since the Conquest, frequent intermarriaoes had so intermincrled the Norman with the Saxon amongst the upper classes, that it was impossible any longer to distinguish the difference of race.t A process of amalgamation, brought about a tentli uf which is ;^286. The tenth, the prosperous era of the Alexanders I according to the T'(V-/« t'a/or, was ;^420, Act. Pari. Scot., vol. I, p. 141. an increase of very nearly one-half. * Act. Pari. Scot. Leg. A/. Afac A'. 9 . Had the Pope accepted the compromise Though the authority is worthless for offered by the Scottish clergy he would the time of Malcolm II., the four classes have only obtained >^334 from this mentioned were probably familiar to archdeaconry {Iji lies' Sketches, etc. , p. the fabricator of the apocryphal laws. 27. Much valuable information will t The remark occurs in the D/al be found on this subject in the chapter de Scac, 1. i, 10, and it is quoted on " the Parish"). Not quite a cen- in Afig. Sac, vol. 2, p. 564, note, tury later, in 1366, the valuation of the and in Madox Hist. Exch., vol. i, diocese of St. Andrews, rated in the p. 391 ; the fonner attributing it to Reg. Prior. St. And. at ;^8oi8, is esti- Gervase of Tilbury, the latter, with mated, according to the aiitiqiia taxa- more probability, to Richard " filius tio of that period at;^54i4, and by the Nigelli," Treasurer to Henry II., and vents valor ^3507, a diminution of subsequently bishop of London in the considerably more than one-half ■i\\\Q,& reigns of Richard and John — an opinion 1285.] EFFECTS OF INTERMARRIAGE. 141 by very similar causes, had long been in progress, especially throughout ancient Scotia and the South. In earlier times, when purity of blood — the vier anen — was necessary for the full enjoyment of " free right," the upper classes seldom intermarried with aliens, never with inferiors, and they stood out, accordingly, with all the marked attributes of a distinct and unmixed race ; but after freehold land and the charter conferred free right, and military service and "royal grace" nobility, the case was reversed, and a new nobility, no longer remaining apart from their predecessors, soon lost all their distinguishing attributes by intermarriages. Thus the Gaelic Earls of Buchan and Menteith were now represented by branches of the great Norman family of Comyn, derived, in the female line, from the heiress of Donald Bane. The Norman cle More- villes had lono- since merged in the Gaelic race of Galloway, just as in England the Norman de Rumelis bid fair at one time to be represented by a branch of the royal family of Scotland. Little difference could be detected between a Norman Lindsay and a Gaelic Ogilvie, and little change was observable in the Earls of Atholl, whether the earldom was held by the old royal line of Atholia, or reverted by heiresses from the Gaelic race of Galloway to the Norman line of Hastings, or passed in the same manner to the Strathbogies, an offshoot from the Gaelic Earls of Fife. Intermarriage and feudalism must have tended by this time to blend supported by the authority of Mr. juxta Tamensera," etc; i.e., in 1177. Hardy. Whoever the writer may have The passage is as follows: — "Jam been, his age is fixed by the declara- cohabitantibus Anglicis et Normannis, tion that he wrote the Dialogue in con- et alterutriim uxores ducentibus, sic sequence of a conversation which he permixtse sunt nationes, ut vix discerni held " anno xxiii. Henrici secundi, cum possit hodie (de liberis loquor) quis sederem ad fenestram speculae quae est Anglicus quis Nonnannus sit genere." 142 THE CONCLUSION. [1249- the majority of the upper classes, throughout the settled portions of the kingdom, into a kindred "Scottish" race, in which the Scoto-Norman element preponderated everywhere amongst the higher nobi- lity, the amalgamation scarcely extending so far as yet amongst the lesser proprietary. The Anglian element however, and the Anglo Danish, the Norwegian, and the Flemish, entered largely into the composition of what may be called the middle classes of the baronage in different quarters — especially in the south and upon the southern frontier, in the extreme north and north-west, and in the forfeited province of Moray — whilst the general introduction of the territorial sur- name throughout southern, and most of the settled portion of northern Britain, must have gradually rendered it extremely difficult to distinguish the different races, amongst the upper classes, in either kingdom. Ewen of Argyle is described by the contemporary Matthew Paris as " a gallant and most accomplished knight," and there was probably little, if anything, to distinguish him from the earls and feudal barons who assembled around their sovereign at the the royal court."" All seem to have spoken the same dialect of NormaiT French, which was equally pre- valent amongst the upper classes in Southern Britain — much as French is now used in Belman Flanders, * Robert Bruce has been claimed as through whom he inherited his claim " an Englishman." He was descended on the throne, was a daughter of the on the father's side from a Norman royal house of Atholl. He may be family which had held the lands of regarded, apparently, as a type of that Annandale at the opening of the four- mixed Scoto-Norman race which sup- teenth century for nearly two hundred plied three-fourths of the greater nobility years. On the mother's side he in- of Scotland, and which lies at the root herited the earldom of Carrick as one of many a family, Highland as well as of the representatives of a Gaelic line Lowland, at the present day. If his of princes which had ruled over Gal- descent qualified Bruce to be " an Eng- loway from time immemorial; whilst lishman" at the opening of the four- his paternal grandfather's mother, teenth century, who were the Scots ? 1285.] THE THREE LANGUAGES. 145 in Russia, and during the greater part of last century throughout Germany. The native dialects, however, held their ground, and though not in common use amongst the nobility, were probably fully under- stood — just as in the seventeenth century it was care- fully enjoined upon the heir of Argyle that he should perfect himself in Gaelic ; and not a few of the nobles, probably, were trilingucs, using Norman French in their familiar intercourse, but capable of conversing in " Quaint Inglis," and in Gaelic. French appears to have died out in both countries about the same time, the dialect of the Lothians replacing it at the Scottish court, and, from its similarity to the dialects spoken amongst the whole body of the civic population, the latter gradually assumed the place of the national language; the "quaint Inglis" of this period, akin to the ancient Anglian speech of Northumbria, form- ing the original basis of Lowland Scotch.* No Third Estate existed at this period, for the burgesses as yet formed no part of the community of the realm. t Parliaments are indeed alluded to at a much earlier date by writers of the succeeding century, but the use of the word is no proof that the institution existed, even in the form which it had assumed at the period in which the historians were f 1 * Walter of Coventi7 ((?(/. an. 12 12) Scottish, the British, and the dialect styles the Scottish kings "Francos in which the Forth was known as " the moribus //Vzg'z/fiet cultu." The Bishop "Scots-water" — the speech of the of St. Andrews at the coronation of Lothians — it is evident that "the mo- Alexander III. translated the Latin ther tongue" beyond the Forth was formulas into French, a useless ex- Gaelic {Fordim, 1. 10, c. 1,2; Innes, penditure of trouble had that not been Appen.iix \). [ the language with which the youthful ^ prince was best acquainted. The bard t Fordun (1. 9, c. i), indeed, brings on the same occasion recited the royal "the Three Estates of the Realm" to genealogy "in the mother tongue;" the coronation of Alexander II., but and as the writer of the tract de situ he was probably writing with the ideas Albanie distinguishes between the of his own age. lU THE CONCLUSION. [1249- writing. The germs of our modern parliament, indeed, are undoubtedly traceable in those general assemblies of the freemen, or freeholders, which seem to have been common to all the people of the north ; but centuries elapsed before these germs were developed into the great council of the nation. " Right," in early times, was the redress of " wrong" — law or justice — "free right," the claim of the free- man to appeal for such redress to the verdict of his peers, and not to be judged by the simple will of his lord ; and, after the purely elective period had passed away, the freeholders met in these great assemblies principally for judicial purposes, and not for consulta- tion about the affairs of the state. Even in the earliest known stage of society amongst the Germans, the great body of the people only expressed their ap- proval of, or dissent from, the propositions originated by their leaders ; and the ealdors and seniors of an earlier time had long been superseded under the feudal system by the sovereign and his council. The feudal freeholder was originally bound to stated service, and stated aids; performing the one, and pay- ing the other, when required, without any question being raised upon a subject about which both lord and vassal were perfectly aware of the extent and nature of their reciprocal obligations ; though it was some time before the amount of the fixed aid was finally settled. No parliament was necessary to de- bate the policy or justice of a war : a simple summons collected the military tenantry of the realm to per- form their service of forty days, if required, without inquiring into the reasons which brought them into the field. The necessities of the sovereign appear to have first broken through the earlier simplicity of the system in England. The ordinary revenue of the 128 5.] THE REVENUE OF ENGLAND. 145 crown, in the days of the Confessor, was reckoned in the Roll of Winchester at the annual value of sixty thousand marks ; and though the Conqueror is sup- posed to have considerably increased this amount, his son Rufus was dissatisfied, complaining, and not without a show of justice, that the church held half the lands of England. The adhesion of the barons to the cause of Stephen, or of Henry Fitz Empress, was purchased by lavish grants out of the ancient demesne of the crown ; and though Henry subse- quently re-asserted his right to many of Stephen's alienations, the royal revenue from this source was greatly and permanently diminished, only amounting at this period to one-fifth of the Confessor's income, or twelve thousand marks a year, whilst the Emperor of Germany was in the enjoyment of a revenue of three hundred thousand marks." Henry, accordingly. * Girald. Camb. deiiistnicf. rrincifi. Dist. III. c. 30. From a passage quoted by various authorities, the original of which is in Sprott's Chronicle (p. 1 14, Heanie), it appears that at the time of the Conquest there were 60,215 knights' fees in England, of which the Church held 28,015, so that Rufus was justified in his remark. The origin of this im- mense property is probably to be traced, not so much to any very extraordinary piety, as to the extravagant grants for quasi -religious purposes which were obtained through gross corruption, and against which Beda protests in his letter to the Archbishop of York. " The ancient demesne of the crown," says Sir H. Ellis {Introd. to Dotn. Sur., vol. I, p. 225), "as recorded in the survey, consisted of 1422 manors ;" and from confounding manors with knights' fees, a very erroneous calcula- tion has sometimes been made by de- ducting these manors from the knights' fees, enumerated by Sprott. It is difficult to ascertain the amount of the VOL. II. 1 ordinary revenue of the kings of Scot- land. Mat. Paris (p. 554-55, ad an. 125 1 -52) reckons the dowry of Mary de Couci at 4000 and at 7000 marks, which, assuming it to have been the usual dowiy of a third of the royal pro- perty, would give either 12,000 or 21,000 marks as the sovereign's income from ordinary sources in the days of Alexander II. The difference is im- portant. Before the close of the next century, the Scots began to exclaim as loudly as the English against alienation of "ancient demesne," and in both countries the detestation of "favourites" owed much of its intensity to the feel- ing that such alienations in their behalf were eventually paid for by the free- holders at large. Hence, also, the great families of old descent, who could maintain their position at court out of their own revenues, were always more popular than "new men," whose rise was generally paid for in the end at the public expense. 146 THE CONCLUSION. [1249- in the course of his reign, introckiced the novel tax of snitagc, encouraging the mihtary tenants of the crown, and, above all, the clergy, to compound for the non-attendance of themselves, or their vassals, in the royal army, by payment of the old fine for such omission; thus replenishing his treasury, and carrying- on his wars by mercenary levies, raised and paid in great part out of the supplies acquired in this manner. It was a dangerous novelty, and the immunity from military service thus purchased by a partial relinquish- ment of real power bid fair, at one time, to cost the feudal freeholder as much as it had already cost the Laid of earlier days ; but though the talents and personal character of the two first Plantagenets enabled them, occasionally, to fill their treasury by an arbitrary exercise of the royal prerogative, under the weak and contemptible John one universal cry went up from every side for a return to " the laws of King Henry the First;" the encroachments of the crown were carefully enumerated and guarded against in Magna Charta ; and from henceforth it became a fundamental principle that none but the stated feudal aids, or regular exactions, should be levied upon the " community of the realm," whether in-biirgh or tip- land, unless both knights and burgesses were called together to give, by their representatives, their express consent to such "taxation."* Hence arose, in the gradual course of centuries, the right of controlling that policy which could not be carried out without the concurrence of the great body of the people, represented in the Lower House ; and thus, to the encroachments of the crown, in consequence of the alienation of its principal source of revenue in early times — the ancient demesne- — may be traced the * For " the Laws of King Henry the First," vide Appendix T. 1285.] EARL V PARLIAMENTS. 1 47 germs of the peculiar connection of the third estate with "the supphes" which were destined, in course of time, to furnish the whole means of carrying on the government. The alienation of " ancient demesne" long continued to be a question arousing the English freeholders to protest, if not to further action, for it was surely followed by an unwelcome summons to a Parliament in which they were only too well aware that they would be called upon to "supply" the deficiency; whilst the House of Lords, representing the dignified clergy and the leading members of the baronage — for the lesser barons were amalgamated with the rest of the community — • retained the judicial prerogatives of the original two estates, the clergy and the baronage, still remaining the highest court of appeal in the realm. No circumstances had as yet occurred to bring J\- about a change of this description in Scotland, where the feudal system, which had been in force since the time of David, was in most points probably identical with "the customs of King Henry the First;" and there is no reason to believe that it had been in any way infringed upon — the arbitrary power of the sovereign scarcely being at any time the danger most to be dreaded in Scotland. In great assemblies, held periodically at various places, statutes appear to have been passed, charters granted, and disputed points of right and privilege settled either by " the verdict of the good country," or by the decision of the greater nobles where their "peers" were con- cerned. On one occasion canons were enacted, and on another the liberties of the church were guaranteed ; but these assemblies were generally the " royal Moots "regularly convened, in the first instance, for the ordinary purposes of justice, and do not 148 THE CONCLUSION. [1249- appear to have been expressly brought together for the purpose of passing statutes, granting charters, or for the transaction of other business. They were the regular " Assizes" — or Sittings — of the royal court, at which occasionally, when business required it, a council, or Parliament, was held. The original meaning of the word parliament was simply "a consultation;" and when there was any thing of sufficient importance to enact or consult about, a parliament, or council, was assembled — or rather perhaps a parliament or consultation was held — sometimes, as in the reign of Alexander II., after the coronation ; occasionally in an assembly of both estates, expressly convened ; but most frequently at the assizes, when the royal court was present at " the county town," or capital of the sheriffdom. The importance which the present age attaches to the " Hieh Court of Parliament," belonofed in earlier clays to the king and his council, and occasionally the estates of the realm, at the assizes — the " High Court of Appeal." On ordinary occasions the parlia- ment, or consulting body, was the royal council — concilinm regis — which was the real governing power in the kino-dom. Thus the marriaofe-settlement of the Princess Margaret with Eric of Norway was arranged by the king, " with the consent of his heir, the prince of Scotland, and of his council ;" and when Edward postponed receiving the homage tendered by Alexander at Tewkesbury, he assigned, as his reason, that " his council was not present." The consent of the magnates was usually enough for all stated service, and the ordinary aids, under the strict feudal system ; for their knights and other dependants were as much obliged by their tenure to render such service, or supply the necessary aid at the bidding 12 8 5.] THE GREA T CO UNCIL. 1 49 of their lords, as " the community" is at the present day bound to pay the tax to which its representatives have agreed ; and the consent of the knights and other freeholders, which is sometimes appended in charters, and similar documents, to ordinary grants of land or privileges emanating from the sovereign, seems to have been merely a relic of an earlier time, before " commendation" had rendered it incumbent on every freeman " to seek a lord," and was probably at this period as much a formula as the concurrence of "king, clergy, and people" in the election of a bishop. If, however, the service or the aid required -^ was not in accordance with the strict obligations of the feudal law, the " Magnum Concilium," or great council of both estates of the realm, was at liberty to refuse it; and when William wished to make over "the tenths" of his kingdom for the purposes of a crusade to Henry II. in return for the restitution of the two castles of Roxburgh and Berwick, the answer of the Scottish freeholders was a direct refusal, " even if the two kings had sworn to levy the tenths in person." Thus, on this occasion, the estates in convention at Brigham refused to carry out the royal policy ; and it may be inferred that whilst for all ordinary purposes, involving only stated feudal service, or feudal aids, the king and his council were omnipotent and beyond control, on extraordinary occasions, for regulating the succession in cases of doubt, for the coronation of the sovereign, or for acknowledging the heir to the throne, the presence of both estates was required, and their consent was necessary before any deviation was allowed from feudal precedent.* * The aid "a la cioix d'outie- lished, either in England or Scotland, mer" never seems to have been eslab- as a fixed and settled obligation, I50 THE CONCLUSION. [1249- \ No aids appear as yet to have been levied except in strict accordance with the feudal theory, or as voluntary concessions. The first on record was raised in the reign of Malcolm IV., for the purpose of providing dowries for his sisters the princesses of Scotland. The next alluded to was the ransom paid for William in 1 1 74, a strictly feudal aid, sometimes referred to, apparently, as the regmin geldnm, or royal tax ; but when the same king repurchased the inde- pendence of his kingdom in 1 189, he appears to have provided the 10,000 marks out of his own resources; though from the gift of exactly that amount in the following year from his Optimates, or leading mem- bers of the two estates, it would appear that, though not obliged by feudal law to provide the sum in question, they voluntarily assisted their sovereign in redeeming the independence of their native land. No aid is reported to have been levied to furnish the 2000 marks contributed by William towards releasing the English Richard from his German prison, and they must have been raised accordingly from his own private resources; and as the contri- bution — unless it was a mere token of gratitude towards Richard — must have been connected with the obligations due from the fiefs held by the Scot- tish king in England, it was probably provided by the military tenants of the Honor of Huntingdon. Neither is there any mention of an aid in 1209, when William bound himself to pay the sum of 15,000 marks within two years to John, half the sum being accordingly placed in the hands of the English king in the following year, when all claim to the remainder was waived on the occasion of the young prince of which might he levied at the will have been tlie resuh of a papal in- of the overlord. It always seems to junction. 1285.] VOLUNTARY AIDS. 151 Scotland performing the usual homaoe for the fiefs held by his family in England. In 1 2 1 1 , however, after the two years originally appointed for the pay- ment of t\ie whole sum had quite expired, the Opti- niates again come forward, in a Great Council, to present the king with 10,000 marks, the Burgesses at the same time adding another 6000, and within a few months the heir of Scotland proceeds to England and receives the spurs of knighthood from her king. This large contribution can scarcely be supposed to have been levied in 1 2 1 1 to defray the expenses incurred in i 209, and which had been partly excused, partly paid, evidently out of the royal revenue, in 1 2 10. There was no feudal precedent for such a tax, but an aid for the purpose of knighting the heir of Scotland was a strictly legal obligation ; and it would appear as if the Great Council, taking advantage of the opportunity, had contributed a sum large enough, with the addition of the aid from the Burgesses, to cover the king's expenses on both occasions. The conduct of the Scottish estates, both at this time and twenty years before, is probably to be explained by their anxiety to avoid all risk of establishing a pre- cedent injurious to their feudal rights. The time for the assessment of a legal or compulsory aid seems to have been suffered to expire ; and when their action could not be misconstrued, the estates appear to have come forward with a generous libe- rality to assist their sovereign by a voluntary gift; the whole proceeding having probably been arranged previously, the king on both occasions paying the amount required out of his own resources, on the tacit understanding that, when all danger of prece- dent had passed away, his estates were ready and willing to contribute voluntarily to his assistance. 152 THE CONCLUSION. [1249- Only one other aid is alluded to, voted in the early part of the reign of Alexander II. for providing his sisters with the usual dowries when they married; both on this occasion and sixty years before, when a similar concession was made to Malcolm IV., the consent of the estates being required, apparently, for granting of their own free will to the king's sisters an aid which the strict feudal law only exacted for his eldest daughter.* -V" Such were the sole occasions on which voluntary ^ aids were tendered to the king. The ordinary feudal obligations were levied as matters of course, the Great Council of the realm only being convened for extraordinary and voluntary gifts; but only four instances are recorded of its assembling for such a purpose, and it had never met as yet to provide supplies for the ordinary revenue of the king, nor had the burgesses been summoned to share in its deliberations. They still met in their own court under the presidency of the royal chamberlain, and a cause between a burgess and a rural freeholder was still tried by a mixed jury, as if the two classes stood out as members of separate communities. The earliest occasion of importance on which the bur- gesses seem to have made their appearance in com- pany with the clergy and the baronage was in the reign of John Balliol, to whose arrangement, in 1295, * All the historical notices about the Such an obligation would have undoubt- assemblages of the Scottish Councils, edly enabled William to le\'y the sum or Estates, and of the occasions on which he paid to Richard from his two which extraordinaiy aids were granted, Estates ; and the gift of 10,000 marks, will be found in \\\q Act. Pari. Scot., «/?<;'/- the money had been paid from the vol. I, p. 55. Besides the aid " a la privateresourcesof the sovereign, looks croix d'outre-mer," there was another certainlyasif the Estates washed to mark aid well known in France, "a son fie their "aid" as volnntai-y, and not ob- racheter," which I cannot trace, as an ligaior)^; and to guard against the estab- obligation, in England or Scotland, lishment of a dangerous precedent. 128 5.] THE THIRD ESTATE. 153 for the marriage of his son Edward with a princess of France, the seals of Aberdeen, Perth, Stirhng, Edinburgh, Roxburgh, and Berwick, were appended, representing, apparently, the " Communities of the Scottish Burghs."'" There is no certain evidence of their regular attendance at " Parliaments," until up- wards of thirty years later, when they assumed their place beside the other two estates under circum- stances very similar to the causes which first led to the association of the buro-esses with the knig-hts and lesser barons in southern Britain — the deterioration of the royal revenue. In a parliament held at Cam- buskenneth, in 1326, Robert Bruce laid before his assembled estates the situation in which he was placed through the serious diminution of the royal income, in consequence of the protracted struggle from which the nation had only lately emerged, and the alienation of the ancient demesne of the crown ; the necessity under these circumstances of keeping up a suitable state entailing intolerable burdens upon the lower orders. Clergy, baronage, and burgesses, admitting the truth of their sovereign's statement, and his pre-eminent services to his native land, una- nimously granted him for the remainder of his life, and under certain stipulations, "the tenth penny" of all farms and rents, a tax which was to be levied upon every freeholder in the kingdom, whether holding directly, or indirectly, of the king.t Hence- * Act. Pari. Scot. vol. i, p. 97.* {Do., p. 123.) It would almost seem " Necnon universitates et communitates as if the first Parliament was (or Scotia, villarum regni Scotire," are the expres- the second for Lothian. The old fine sions used. Universitas was often used of a tenth seems to have become the fortheCi3?«»/2/«?Vrti-of a burgh, before it earliest tax: just as in England it was was restricted to its modern meaning. the "reasonable aid." Taxation, in fact, t Act. Pari. Scot., vol. i, p. 115. is the development of the old system. The arrangement was again ratified at of fines— commutation for actual ser- Edinburgh in the following Lent — vice; just as rent and all similar money- 154 THE CONCLUSION. [1249- forth the burgesses formed an important portion of the community of the realm, but as a separate third estate and not amalgamated, as in England, with the knights and lesser barons, who in the Scottish par- liament were always classed amongst the baronage; whilst the three estates were not divided between the Upper and the Lower Houses, but sat and deliberated in one body. It may have been partly from this cause that the Scottish Parliament never arrived at the same importance in a national point of view, nor was ever regarded in the same light as the great assembly of the estates of the realm in southern Britain. The separation of the Alc/ioirs pagcnses — or "the gentry" — from the greater barons, and their amalofamation with the burgesses in the Lower House as a Third Estate, exercised a most important in- fluence upon the English constitution, which was never thoroughly felt in Scotland; and the spirit of independence, with the habit of free discussion, which gradually became the characteristics of the English Lower House, existed indeed amongst the Scottish people, but, for want of a similar arena for develop- ment, can scarcely be said to have been displayed in their House of Parliament, but will be found rather, after the Reformation, in the peculiar constitution of their " Kirk."* payments are commutations for ser^'ices way as the baronage. There is no of another description, and for pay- reason for considering that the civic ments " in kind." freeholder represented "the people," * For a full and interesting account more than the rural freeholder. It of the Scottish Parliament, Vide was the extension of this tax to the " Scotland in the Middle Ages," c. vii. " mesne-tenants" which first brought The admission of the Burgesses to a that class, as in England, into the Par- share in the " Commonwealth" is liament. For all strictly feudal aids occasionally regarded as the admission _ and services, the consent of the Mag- of " the people." This is scarcely nates had hitherto, of course, carried correct, for the burgesses were essen- the acquiescence of the Vavasors, but tially a class, and as exclusive in their as soon as voluntary " supplies" were 1285.] THE TWO COMMUNITIES. 155 Such were the freeholders of Scotland at this period — the two Estates, or the Community of the Realm, which alone had any claim to be consulted on important occasions as members of " the Common- wealth;" and the Community of the Burghs, so soon to take their place, as the Third Estate, when their co-operation was required to supply the necessities of the sovereign by a novel system of voluntary taxation. But besides the privileged proprietary — whether tip-land or in-burgh — who claimed to be the sole communities, or participators in freehold right, there were numerous other classes, comprising pro- bably the great majority of the population, which may be arranged under the heads of the free-tenantry, the native-men enjoying a limited degree of freedom, and the absolutely servile " Bondmen." The most important members of the first-named class were the tenants at lease, who held their land for a term of years, or for one or more lives, as described by Fordun — more than three would have conferred a tenure in perpetuity — and who seem to have been often known at a later period as " tacksmen." The tack was the absolute property of the tenant for the period of his lease, and if he had a Malm^, or sub- tenant — if he was not the actual farmer — he might required, the consent of every free- this delegation of unbounded authority holder was necessary before the levy of — internal dissension— had for the most an "unprecedented" tax. In the same part passed away; the power of the Parliament of Cambuskenneth there king as a purely feudal sovereign was are, I think, the earliest traces of a declining with the alienation and de- movement on the part of the sovereign preciation of his private property ; he to hmit the almost independent autho- was falling back upon the voluntary rity of the lords of Regalities, the support of his " Commons," and Sheriff being empowered, in case the already were the symptoms of that Magnate's officials were dilatory in alliance between the king and his levying the tax, to enter within the Commons observable, which was boundaries of the Regality and raise it fraught with such different results in by royal authority. The reason for the different kingdoms of Europe. 156 THE CONCLUSION. [1249- sell or alienate his right at pleasure without con- sulting his overlord. It must be always borne in mind that in Scotland, as in Scandinavia and in many other quarters in early times, tenancy at rent was not ignoble tenure, and within the last few gfenerations the Hiijhland " tacksman" was often of gentle birth, and a kinsman of the landowner of whom he held his tack. It was only the "churl- born" tenant at rent — rusticus firmarius — who was excluded at this period from the privileges of gentle birth, and Fordun seems to have regarded a lease of this description, or a tack, as the tenure of " the free and gently born." It was to this class, probably, that William's law referred, in which it was enacted that wdienever the king made a grant of his crown- lands " by the oath of the country or of his own free will" — there is no allusion to a charter — the recipient was to hold such land " free and quiet," and to be deprived of no portion of it except by " writ of right," in such a case receiving a reasonable grant of land in exchange ; and it may be safely assumed that at this period the equivalent of the Highland tacks- man of a later age — the representative of the Ogtiern before the introduction of the charter — was a promi- nent character amongst the free tenantry holding by Scottish service of the crown, or of the greater members of the two estates. It was of course the great object of this class to convert their tack into a chartered freehold, a process which seems to have been perfectly understood amongst the greater nobles ; and from the example of Ewen, Thane of Rothenec, it may be gathered that the proof of undisturbed possession over the third generation, before the " good men of the country," conferred a claim to proprietary right, whilst it was the business of the 1285.] THE LESSER TENANTRY. 157 royal officials to see that such rights were not ac- quired at the expense of the crown through their own neMiofence.'"' Another, and probably a far more numerous class, was that of the Jirmarii, or farmers w4io held at will, by a tenancy renewable from year to year ; as may be gathered both from the description in the Chronicle of Lanercost, and from the payment of a sum of money to the farmers of the royal property at Liberton and Lawrenceton, to prevent their quit- ting the land and leaving it waste after a great mortality amongst their cattle. The removable tenant, who required persuasion to remain, must have enjoyed the freeman's privilege of " going where he willed." Where the land was held in perpetuity, but without a charter, the tenant was known as a fee-farmer, and seems to have been on a similar footing to the tenant " In ancient demesne," or by "tenant-right" in England, who was often known as the villein socman, or privileged villein. The fee- farmer could not part with, nor sublet, his land with- out first resigning it into the hands of his lord, who instituted the tenant by his own authority, exactly as In England; the tenant by such a tenure being irremovable as long as he performed his obligations, and free to "go where he willed" if he first resigned the land Into the hands of the overlord, or his repre- sentative. The majority of this class In earlier times will generally be found to have been connected with the thanages, representing, probably, the old free tenantry, under the thane and ogtierns, who had acquired an inborn right to remain on their farms as long as they fulfilled their stated services and paid * Act. Pari. Scot., \o\. I, pp. 91-369, sec. 24. Assize Will. 24. Stat. Alex. II. 8. Ford., 1. 4, c. 48. 158 THE CONCLUSION. [1249- their rent. Subsequently, however, this species of tenure became widely prevalent throughout Scotland, and, until a comparatively recent period, the Scottish Feiiar clung to his tenancy in perpetuity with an attachment which it was difficult to shake."" The lowest in the social scale of the farming class was the husbandman, the tenant of a " quarter- holding," or husbandland of twenty-six Scottish acres, rated at the annual value of a pound, for which he seems to have generally paid a rent of half a mark, the usual third, with other services, which were often gradually commuted for a further pa)'ment in money. As " five cows" were at this period legally valued at a pound, and every owner of that amount of cattle was bound by the statute of Alexander II. to " remain on the land he held during the preceding year," or " to take land and till it," it is evident that the establishment of this class over Scotland was one of the first objects of the royal policy, which, by this time, was probably carried out very generally through- out the settled portion of the kingdom. No one below a husbandman was rated amongst the farmino- class, unless the account of Wynton may be trusted, that Alexander III. still further extended his father's law, calling into existence the holders of half a husbandland, known as an Oxgang of thirteen Scot- tish acres — perhaps because the tenant was bound to find an ox for the common plough — and the establishment of a rent-paying class of this descrip- tion, if Wynton is correct, would afford an additional proof of the increasing prosperity of the country at this period. Below the farmers were the free- * Chron. Lan. XldZ. Chamberlain'' s 357, sec. 1 1. Sir Walter Scott alludes account temp. Cust. Reg., p. 65, quoted to this feeling in his notes to St. by Tytler. Act. Pari. Scot., vol. i, p. Ronan's Well. 12 85-] DE VEL OP ME NT OP FREEDOM. i 5 9 labourers, not mentioned indeed in either chronicle or statute of this era, but alluded to in the regula- tions of Robert Bruce for attendance " in the host," the " man with a cow" answering, apparently, to a cottager with a few acres of land as an equivalent for a stated amount of labour.'"' The tendency of these agricultural laws was unquestionably to favour indirectly the development of freedom. The old servile cultivator Avho, whilst he was entitled to a plot of land in the district to which he was attached, could acquire no property that he could strictly call his own, and from whom his lord could exact what he pleased, must have had little stimulus to exertion, and was probably contented with barely supplying the wants of life, and leaving a narrow margin for his lord, which he would scarcely trouble himself to increase very largely. But as the upper classes increased in intelligence and refinement, it became their object to obtain money, or produce, which they could exchange with the burgesses for money, instead of living " at feorm," or revelling with their followers in a coarse profusion at the expense of their dependant peasantry. Money payments — a fixed and settled rent — always marked the freeman in the feudal era, and amongst the Anglo-Saxons the Gafol- swain, who paid a rent, was carefully distin- guished from the CEhte-Svjain, who was the CE/ite, or absolute property, of his lord. Hence, if for no higher reason, it was undoubtedly the true interest of the lord to convert his servile peasantry into a * As the Cotsetla, or free labourer, twenty-six acres of land, and of the according to the Red. Sing. Pers. Gebiirvn\h. a virgate, the "man with (Thorpe, vol. I, p. 434), was to have a cow" must have stood in the posi- at least five acres, and as the " man tion of the Cotsetla, apparently, as a with five cows" seems to have been the free labourer with about five acres of equivalent of the husbandman with land. 1 60 THE CONCL USION. [1249- class of rent-paying farmers, henceforth free; or into free labourers, who, by the grant of a cottage and a few acres of land, were bound as freemen to support themselves. The philanthropy of a benevolent churchman or baron may have occasionally bestowed liberty upon the servile peasantry of his manors ; or the agonies of a death -bed penitence may have wrung from a remorseful sinner the gift of freedom, which a narrow and mistaken feeling had postponed durine lifetime till the latest moment ; but the (gradual though silent progress of enfranchisement, which is undoubtedly to be traced during the two succeeding centuries, and which, before the close of the third, eradicated the name of serf alike from northern and southern Britain, while it cannot be ascribed to any special enactment on the subject, may be attributed, most probably, to a mixture of self-interest with a clearer and more enlightened appreciation of the real advantages of freedom. The Northmen, ever a shrewd and intelligent people, seem to have been amoncTst the first to recocjnise the advantaees of a free-tenantry ; and it is related in the Heims-Kriiigla how, at an early period, one of the Norwegian Jarls was accustomed to purchase slaves and place them as freemen upon his property, where they cleared away the forest and paid a rent for the land they gained from the waste — the jarl, with the money thus acquired, purchasing more Thralls, and enfranchising them on the same conditions; thus improving his own property and laying the foundation of a free rent- paying tenantry, bound by the ties of attachment and gratitude to the family of their original benefactor. This system, based upon a full appreciation of its advantages rather than upon motives of pure bene- volence, was not confined to the Norwegian jarl, for 1285.] THE HUSBANDLAND. 161 wherever the Nortliman is traceable in southern Britain at the date of the Domesday survey, it is only amongst the Anglo-Saxons of the eastern Danelage, and upon the frontiers of Anglian Mercia, that he will be found in the midst of an absolutely servile population, elsewhere throughout the Danelage, the free labourer having invariably replaced the serf. It is probable that the same system was equally familiar to the Normans, for the Bordariits, or free labourer, was a prominent character in Normandy, the freest province in medieval France — though the Norman settlements, both on the Continent and in Enorland, seem to have most resembled the coalition of Guthrum's Danes with the earlier population of East Anglia — and the agricultural legislation, which may be said to have been a hereditary policy in the house of Atholl, may have been amongst the Norman principles of government imbibed by David and his brother, Alexander, during their residence at their sister's court. It seems to have been usual, in the first instance, to provide the husbandland with stock — generally known in Scotland as Steelbo, or Stuht — which, upon the death of the tenant reverted, as in the case of the Anglo-Saxon Gcbitr, to the lord ; a custom pointing out the original husbandman appa- rently as a man without property, often a native-man, or servile tenant, incapable of possessing it before his conversion into a rent-paying farmer. It was the class of husbandmen which at this time furnished the main body of spearmen and archers in the Scot- tish armies, the wealthier farmers being upon a superior footing ; for the tenant of four husbandlands — a plough-land or entire holding — who, as the occu- pant of such an amount of land, probably owned a plough of his own instead of contributing, like the VOL. II. M 1 62 THE CONCLUSION. [1249- lesser farmers, a certain number of oxen to the com- mon plough, seems to have been bound to serve as a man-at-arms. In the case of the barony of Boklen, for instance, it was incumbent upon the four husband- lands, or holding-, of Prestheld. to hnd a man-at-arms, who served as captain of the thirty archers supplied by the remainder of the barony. The superior class of farmers dwelt also in their own separate home- steads, and not, like the lesser tenantry, in villages, answering far more to our modern idea of a sub- stantial yeomanry.* Besides the tenantry at-lease, the more numerous body of the tenantry at-will, and the cottagers or free labourers, a considerable portion of the lower orders still remained in a state of Villeinage, and were known as native-men — the Ncifs of the corre- sponding period in England — apparendy because they were " inborn," or attached hereditarily to their particular districts. The name of native-man. how- * Innes's '^ Siv/c/us," etc., p. 190, protests against the novel encroacli- 194, 375. Tylhr's ^^ Ancicul State 0/ ments upon proprietary rights which Scotland,''^ Appendix N. It may be may be read in the pages of Ducange observed that I have not assigned to (in voc. Commuuia) ; one churchman " the Chin-ch" that prominent part in preaching from the pulpit against "those the enfranchisement of the ser\ile execrable Communes," another styling classes which is sometimes ascribed to them "a new and odious invention." her, for the assumption is scarcely It would be unfair to ascribe this feeling borne out by facts. It may be neces- to the Clerg\' in their individual charac- sary, in order to avoid misconstruction, ter. " Quieta non movei^e" has been to explain that I here use the word and always will be the principle of " Church" in its narrow medieval prosiierous corporations, whether lay meaning of the Clerg)' ; at that time, of or clerical ; and whilst it is highly pro- course, the Roman clergy. The servile bable that the condition of Church- population in England at the time of vassals as a body was often superior to Conquest was principally to be found that of the tenantiy of lay proprietors, upon Church-lands, and the latest and that the rale of ecclesiastics was serfs in the same countiy were equally generally mild and beneficent, it is upon the property of the Church, exceedingly doubtful that " the Church " The French laity may have regarded entered needlessly upon untried novel - the enfranchisement of the Communes ties, or led the way in the general pro- with aversion, but they are clerical gx-ess of enfranchisement. 1285.] THE VILLEINAGE. 163 ever, like that of Villein, or of Bondman, seems to have had a vague and indefinite meaning, embrace- ing- the whole of the population bound by hereditary ties of servitude, whether personal or local, though answering in its ordinary sense to the " adscriptus glebse," or peasant irremovable from his district. In one sense the Villein was a freeman, in another a serf; and, in early times, when the land was generally cultivated by actual slaves, who were liable to be sold like any other " stock," he who could neither be sold nor driven from his home had, though in a very small degree, the freeman's privilege of " right," and was thus far looked upon as free ; whilst in later times, after the introduction of a free labouring class, and the rise of a free tenantry who could quit their holdings, and possessed a right of property in all their stock and produce after payment of a settled rent, the man who could acquire no property, and who was unable to remove from his district, was regarded as a servile cultivator little raised above the condition of an absolute serf. The meaning of the word Villein was simply "villager." Tacitus remarked with some surprise that the Germans of his age, instead of dwelling in groups of houses, or '• villages," were accustomed to take up their abode wherever they pleased, in separate and solitar}^ habi- tations. Long after the settlement of the Teutonic people within the provinces of the Western Empire, the same principle remained in force, and whilst the separate dwelling was the mark of the freeholder, and subsequently of the free tenant, the population attached to the soil was collected in Vills, or villages, cultivating the surrounding districts, which were always considered to be included in the Vills, and which, after the complete establishment of 1 64 THE CONCLUSION. [1249- Chrlstianity, answered very generally to the different parishes. The Vill, in the olden time, was under the superintendence of the Villicus — the grieve, maor, or bailiff of the proprietor — who appears to have made an annual distribution of the cultivable land amongst the Villeins, to till for the benefit of their lord with- out acquiring any proprietary right in the stock or produce. Hence this class originally paid no rent, for " all that they had was their lord's," who could assert his right to exact whatever he chose, or to quarter whom he pleased upon the district. Uninter- rupted occupation for a certain length of time, or the same lapse of generations which once conferred pro- prietary right upon the freeman, secured for the Villein a right of settlement, usually accompanied with the absolute possession of the hereditary resi- dence in the Vill. The system of pure Villeinage appears to have lasted longest upon those properties of the church which are still traceable under the name of " the Grange." The Grange was originally the barn and out-buildings to which the stock and produce required for the use of the monastery were brought, the name of " Granger" being applied to the Villicus, or bailiff, who superintended the servile peasantry, the hereditary continuance of this super- vision being probably one of the earliest forms of free tenancy.'" There was an early time in which * The word for farm, fcrmc in the able in many parts of the Continent, Frank provinces of the north, was in is scarcely to be found in the British many other parts of France mdairie ; Isles at the present day, there are that for farmer, metayer, corrupted from traces of its previous existence through- the Latin viediaiarhis ox "middleman," out northern and southern Britain, and evidently the man between the proprie- in Ireland. This natural development tor and servile tenantry in early days, of a villeinage has been occasionally Though the system of farming carried described as a peculiarity of — Celtic on by a class of small cultivators resi- race! These country districts or parishes dent in \'illages — the true development with the towTis belonging to them, when of a villeinage — which is still obsen'- enfranchised, were known as the Coin- 1285.] THE BY AND THE VILE 165 "the right of blood" was paramount, when every member of the dominant race could claim his separate holding- — his hyde or mans2is—\\\ws standing out as a Bonder (to use the Scandinavian term) in his By, or separate dwelling, from amongst the servile population collected in villages, the Toi'p-karls, or Villeins ; but the same causes which, in the present day, drive the peasantry into towns in search of a livelihood, or entail the necessity of emigration upon the working classes, whether civic or rural, very soon filled the ranks of the Villeinage with off-shoots from the privileged stock. Even in the days of Beda a grant of land seems to have been the pre- rogative only of the nobly-born Gesithcundman, or the reward of the Ceorlcundman who had served his time as a Thane, or soldier of the king, the Wessex Ceorl of the corresponding period transmitting no right to his child beyond a claim upon the paternal inheritance ; whilst in Alfred's convention with Guth- rum, in which it was laid down that " if a man be slain we estimate all equally dear, English as well as Danish, at eight half marks in pure gold," the " Ceorl who sits on Gafol-land" was only reckoned on a par with the Leysing, or Danish freedman, none but the nobly-born and military class ranking on a footing with the Danish freemen, or Odallers. Already in the same king's reign — and it must be remembered that he introduced no new laws — it was incumbent upon the numerous class dependant on the king's ealdorman to remain within their shire unless they had his express permission to depart ; they were nmnes of France, which must not be land. They were about as different a confounded with " the Communities" body as a modern vestiy meeting from of England and Scotland, or " the the House of Commons. Commons" of a later period in Eng- 1 66 THE CONCLUSION. [1249- " adscript! shirae," irremovable from the shire ; a restriction which must have narrowed with the vari- ous subdivisions of *' the county," until the whole class of Geneats, the Ceorls upon Gafol-land, were bound to their respective manors and parishes, and at the time of the Norman Conquest all who were not Thanes, or holders by military service, were in Saxon Enofland more or less attached to the soil.'" * For my authorities I must refer to Appendices D, E, and A''. Cambrensis is continually alluding to the lengthened "servitude" of the English, whom he contrasts on one occasion with their kindred in Germany, who, he adds, "are free." This is a great deal to be attributed to the total absence of allo- dial right amongst the Anglo-Saxons except in Kent where, consequently, the Gavellers, though ranked amongst the villeinage, attended the Hundred Court, whilst elsewhere " villani vel cotseti vel ferdingi, vel qui sunt viles vel inopes persons, non sunt inter legum judices (i.e., who pronounced the "veredictum bonrc patrix'"), nume- randi nee in hundredo vel comitatu forisfaciunt," Leg. Hen. I., c. xxix. If the Kentish Gavellers and the Anglo-Danish Socmen preserved their privileges after the Conquest, surely if the Saxon Geneat had posses- sed any he would equally have pre- sei-ved them. This view of the state of Saxon England before the Conquest will, I fear, be regarded as heterodox by the supporters of the orthodox doctrine that villeinage and other enormities, which are supposed to have been origi- nated by that scape-goat, the feudal system, were introduced by the Nor- mans; and that " Saxon liberty," long struggled for, was at length re-esta- blished by Magna Charta. The pro- visions of that venerable document scarcely bear out the latter theory, for they chiefly define the rights and limit the obligations of the feudal freeholder. The freeman's right to be "judged by his peers" was certainly not a pecu- liarity belonging to Saxon England alone, for it is distinctly laid down in the law of the Imperial Benefice, whilst it will not be found in the Anglo-.Saxon codes ; and the vital principle that no aid beyond the three legal feudal obli- gations should be levied, " nisi per commune consilium regni," can hardly be claimed as a fragment of " Saxon liberty" wrung from the grasp of Nor- man despotism. In the year before the Conquest the population of the Danelage still claimed to live by " the laws of Canute," and only a few years afterwards William pronounced these very laws to be identical with those of his own country, an assertion quite in keeping with the fact that the patron and defender of his great-grandfather against the power of France, and the reconstructor of the Noniian duchy, was the grandfather of Canute, Harold Blatand. The institutions of the Danelage were, to say the least, quite as free as those of Saxon England, and the Norman baron and freeholder to the full as independent as the Saxon thane and ealdorman. It seems to have been the object of the barons who obtained Magna Charta to restore "the Laws of Heniy I.," the same laws which prince Henry of Scotland swore to retain in Northumberland, 1285.] THE BRUGH AND THE BAILLE. 167 The state of society in which the separate dweUing marked the freeman, and the cluster of cottages the servile Vill, was not peculiar to the Teuton and the Northman, for it is just as traceable amongst the Celts, the Irish Brugaidh in early times, the free member of the clan living in his separate Briigh, answering exactly to the Scandinavian Bonder in his By ; whilst the Biotagh was the villager, sharing and cultivating in common the lands of the Baillc- Biotagh, the Cymric Taog-Trcf, or Vill. In Gaelic Scotland, where the lord's demesne seems to have been known as the Bailie- Tighern — perhaps in con- tradistinction to the Baille-Biotagh — the Brugaidh and the Biotagh, or their equivalents, were certainly in existence, the former class after the introduction of the charter supplying, according to their standing, the Ogtierns and earliest fee-farmers, the Biotaghs answering to the native-men — the Daer-Clans, or Attach-tuatha, attached to their hereditary districts. It was this latter class, in which, as elsewhere through- out Western Europe, offshoots from the privileged race had long- since been blended in one common mass with the servile population of alien origin, that the policy of the Scottish kings endeavoured to render agricultural instead of pastoral — tillers of the land for their lord's benefit — aiming: at converting " the man with five cows" into the husbandman, and all with a less amount of property into farm-labourers; for their position as irremovable occupants of a cer- and which might probably be described Scandinavian code; but at the root of as Norman feudalism engrafted upon English liberty lays the fact that Nor- the "ancient custom" of England, man feudalism was introduced, not as whether Saxon or Danish. There in Neustria, upon a basis of " Roman is nothing that particularly marks the law," but upon the kindred institutions Anglo-Saxon code as pre-eminently of the free north, free above any other Teutonic or 1 68 THE CONCLUSION. [1249- tain district, without any right to property of their own, naturally disposed them to cling to the indolence of a pastoral life and neglect the harder labour of the plough. A free tenantry, in the later sense of the word, was probably unknown before the intro- duction of the feudal system, all who were neither absolute serfs nor members of the privileged classes, and in a certain sense freeholders by " right of blood" under the royal officials, ranking amongst the native- men, whose sole right consisted in a claim upon the hereditary cottage, and an annual allotment of land from the Villicus, or Steward of the Tighern. Free- dom, however, was not necessarily conferred at once upon the native-man by converting him into an agri- culturist, for no royal enactment could have interfered thus far with " the right of property," and from the wording of the statute of Alexander it is evident that it only ordered the Villeinage to till the land "for the benefit of their lords." But the change was in progress ; even in the days of Alan Durward the rent-paying tenant, who must have been a free- man, though holding his land, as of old, from year to year, is described as the type of a numerous class amongst the agricultural population of Scotland. The exigencies of the succeeding epoch, which called even the cottager into the ranks of the Scottish armies, and which so soon caused the less efficient tenure of Scottish service to be supplanted, throughout the settled portion of the kingdom, by the feudal principle which placed a well-armed soldier in the field, must have tended much to hasten the advance of enfranchisement. Military tenants were required, and military tenants were freemen. Ere the close of the fourteenth century writs for the recovery of fugitive native-men ceased to be issued, and before 1285-] THE UNMIXED CLASSES. 169 the stain of hereditary slavery had been expunged from the Enofhsh code, the serf was a beine of the past in Scotland.* Little alteration in race or language could have been observable as yet amongst the agricultural classes of Scotland, for a population of this descrip- tion is the last to chang-e. Intermarriasfe amongst the upper classes had indeed, as in England, fused the different races into one, and the amalgamation, already nearly complete in the ranks of the higher nobility, was probably fast extending amongst " the gentry" throughout the settled portions of the king- dom, but it had as yet scarcely reached the tenantry and villeinage. The native-man of the Lothians was generally of Anglian origin, the Cymric and Galwegian elements mixed with the Gaelic prevail- ing in the west of southern Scotland ; whilst through- out Scotia and the greater part of Moravia he was usually a native Scot ; in the north and west of the latter district, and amongst the Isles, the Norseman contributing his share to the class in question. But little noticed in medieval history, the lesser tenantry and the population attached to the soil formed the suffering classes of the age, upon whom fell the burden of famine, of pestilence, and of war. Some of the enactments of the burghal laws seem to point to the probability of a dearth or famine as a contin- gency to be prudently guarded against ; and on such occasions, where the right of exaction was unlimited, the native-man must have approached the verge of starvation long before his proprietor endured the pangs of want. The feudal aid, whether obligatory * Ty tier's " Ancient State of Scot- I45)> "of proceedings under tlie for- land,"sec.2. (7%-/., vol. 2, p. 217.) merly well-known brief for recovering "The last case I have met with," fugitive slaves," "was in the court of writes Mr. Innes [Sketches, etc., p. the Sheriff of Banffshire in 1364." I70 THE CONCLUSION. [1249- or voluntary, was supplied eventually by the lower classes, upon whom also fell the weight of all those oppressive burdens which, though connected gene- rally with the feudal system, were practically in existence long before its rise ; whilst in the case of the free tenantry, there were times of difficulty and distress when the right of limited exaction must have been pressed to the utmost, even if the strict boun- daries of the law were not transgressed. The in- tolerable sufferings of these classes through the burdens of the English war, and the consequent impoverishment and alienation of the original sources of the royal revenue, formed the groundwork of King Robert's appeal to his freeholders in the par- liament of Cambuskenneth, when, for the first time in Scottish history, the Three Estates of the Realm agreed to meet the exigencies of the times by a voluntary tax levied upon themselves/"' But the century which was now passing away had been a period of peace and plenty rather than of scarcity and war, and there are abundant inci- dental proofs of the wealth and prosperity of the country during the reigns of the two last sovereigns. It was an era of church-building, and an association for this purpose had been already formed before the close of the preceding century, in this particular case for the restoration of Glasgow Cathedral ; but while * Act. Pari. Scot., vol. I, p. 1 15. included the "privileged" estates, for The words are " quod Statui sue how could they have relieved their congnientemsustentacionemnonhabuit own burdens by the voluntary imposi- absque intolerabile onere et gravamine tion of an additional annual tax ? It is plebis sue." The plebs, which I have easy, however, to understand how an elsewhere rendered "lower orders," annual tenth, voluntarily given from must here mean all the unprivileged "privileged" property by its owners, classes upon whom the king might must have relieved the pressure upon exercise the right of exaction, whether the "unprivileged" classes, limited or unlimited. It cannot have 1285.] ARCHITECTURE OF THE AGE. 171 there are numerous examples still existing of the early Gothic architecture which succeeded to the massive pillar and the circular arch prevalent through- out Scotland during the twelfth century, specimens of the succeeding style which was in vogue in Eng- land during the reigns of the early Edwards are comparatively few, their very rarity testifying to the altered circumstances of the time.* The peace and security of the earlier period must have afforded ample leisure for cultivating the science of church architecture, which was necessarily neglected in the intensity of the struggle for independence. Little can be said about the secular architecture of the corresponding epoch — if the use of such an expres- sion may be allowed — though from a comparison of the few remaining vestiges of the older Scottish castles with the buildings of a later time, they may be safely pronounced to have been superior to the tall square towers which mark the extinction of the earlier race of magnates, and the rude insecurity of the subsequent age. It was scarcely in a building of the latter description that the head of the house of Bisset received his sovereign with the queen and court, whilst far away, at Haddington, his kinsmen were engaged in murdering the youthful Earl of Atholl ; and the principal castles of the greater magnates, who, within the boundaries of their " Re- galities," kept up a state little inferior to their sovereign's court, would appear to have vied with * The association in question " was Glasg., No. 76) the "fraternity" would instituted by Bishop Jocehn about the appear to have been estabUshed for year 1 190, and had a special charter of soHciting assistance from the "probi protection from King William the homines," rather than for architectural Lion." limes' s Sketches, etc., p. 298. purposes; and the venerable cathedral The whole chapter (x.) abounds with of Glasgow may be looked upon as one interesting information on this subject, of the earliest known instances in Bri- From the tenor of the charter (Reg. tain of a church "built by subscription." 172 THE CONCLUSION. [1249- the usual residences of royalty in grandeur and extent. Scotland must at this period have been studded with castles, for within six years after the death of the first Edward, Bruce destroyed no less than a hundred and thirty-seven, though few, pro- bably, w^ere of the dimensions of the more important royal castles, or of the principal residences of the leading nobility."^ The great restorer of Scotland's liberties fell back upon the tactics of his early pre- decessors, rightly judging that the mountain and the moor, the forest and the moss, were surer bulwarks against the superior power of " the southron," than the strongest wall or the deepest moat ; but the consequences of his policy were disastrous in a social light, and though the greater evil was averted by the lesser, the advancement of Scotland during the succeeding generation was necessarily sacrificed to her independence. The condition of the Burghs durinsf an era so favourable to commercial enterprise must have kept pace with, and probably surpassed, the prosperity of the rest of the kingdom. Berwick, long the most opulent burgh in Scotland, and described by Newbridge in the reign of William as " a noble town," is represented in the Chronicle of Lanercost as " the Alexandria of the north," its wealth justly entitling it to a foremost place amongst the commer- cial cities of Britain ; for its customs were farmed during the reign of the third Alexander for a sum amounting to more than a quarter of the whole revenue of England derived from similar sources. An excellent example of the spirit and opulence of a Scottish burgher of those days is afforded in the well-known story of Canute, surnamed the wealthy, * Ford., \. 12, c. 16. 1 28s.] PROSPERITY OF THE REALM. 173 a citizen of Berwick, who, in 11 56, fitted out and manned fourteen vessels at the cost of a hundred marks of silver, to rescue his wife when she was carried off in one of his ships by Earl Erlend of the Orkneys. The fisheries were also a fruitful source of wealth at this period, the Isle of May being the head-quarters of the flotilla, which, from all quarters of Scotland, England, and the coasts of Holland and Flanders, resorted to the Firth of Forth for the purposes of fishing. The greater portion of the fish which were caught was exported abroad, Aberdeen enjoying the pre-eminence in this branch of trade, whilst Inverness, from its vicinity, probably, to the great forests of the interior, was celebrated even in foreign countries for ship-building." The most convincing proof, however, of the pros- perity of the kingdom during the two last reigns is afforded by the total absence of all mention of voluntary aids, and perhaps also by the purity of the " Sterling penny." The earliest depreciation of the currency is supposed to have occurred in the time of * AIacphersoi{ s A7mals of Coiiuncrce, One spark of chivaliy would have vol. I, p. 397, 436, 445, 446. Do. prompted the original presen-er of the Wynton, vol. 2, p. 479-80 (quoting a anecdote to spare a line to tell the fate life of St. Kentigern). Neivb., 1. 5, c. of the lady, even at the cost of dilating 23. Chron. Lan. 1296. In the year less about the wealth of her husband. 1249, according to Afat. Paris, "a But the dry old chronicler was not a wonderful ship" was built at Inverness Froissart ; and he has left us in igno- to carry the French lord of St. Pol to ranee whether the Earl bore off his the Crusades. The sum paid by the prize in triumph, to the questionable Gascony merchant for the customs of satisfaction of the fair Margaret, or Berwick was ;i^2i90:8s, whilst the whether the brave Canute was rewarded whole customs of England in 1287 with the success he so well desei-ved. only reached ;^84ii : 19 : 1I5. The It may be some consolation to the story of Canute will be found in Tor/, lovers of "retributive justice" to know. Ore, 1. I, c. 32. This was not the that the career of the earl was cut short •first of Erlend's escapades, for he had two years afterwards, when he was eloped only a few years before with surprised and slain by his rivals, Harald the beautiful Margaret, dowager Coun- and Rognwald. tess of Atholl, and — his own aunt. 174 THE CONCLUSION. [1249- William, coinciding very suspiciously with the large sums which that king was obliged to pay at different periods of his reign ; but he appears to have reme- died the error when he " renewyd his mone" in 1 195, and with the exception of a slight alteration in the early part of the third Alexander's reign, when, to check the practice of clipping — an indirect testi- mony to the purity of the silver — the cross was extended from the centre to the edge of the penny, the coinage remained unaltered in appearance and weight until Robert Bruce, imitating the example of his mighty enemy, added as much alloy to the standard as enabled him to coin twelve additional pennies out of the pound of silver.* The adultera- tion of the coinage may be regarded as a similar expedient to the enforcement of an inconvertible paper currency in a more enlightened age, the depreciation in the value of the medium of exchange being invariably followed by an immediate rise in the price of all the necessaries of life ; and thus the sovereign's debts were paid at the cost of the general interests of the community. A return to the original standard may be compared to the resumption of cash payments, and it speaks volumes for the pros- perity of Scotland in the thirteenth century that, after her temporary approach towards "insolvency" in the reign of William, the purity of her coinage was restored, and no further depreciation attempted for a period of a hundred years. Still more important testimony, however, is af- forded upon this point by the absence of all mention of voluntary aids ; for the assistance given to Alex- ander II. towards providing portions for his elder- * Macphersoji^s Annals of Coiiitnerce, bk. 7, c. 8,1. 579-80. Chron. Mel. vol. I, p. 397, 436, 445, 446. IVyntou, 1 195. 1285.] THE SOVEREIGN'S EXPENSES. 175 sisters, was simply the spontaneous offer of an aid to which William would have been legally entitled had their marriages been finally arranged during his lifetime. The threefold legal obligation, with a fixed relief, and other burdens incidental to the tenure of knight-service, may be regarded as the ordinary — though only occasional — taxation of the period, which the amount of property attached to the fee was supposed to be amply qualified to meet ; and when actual military service was not required, this occa- sional taxation was necessarily very light indeed. The voluntary aid, levied with the consent of the assembled freeholders, may be compared to extra- ordinary or increased taxation ; whilst all exorbitant reliefs, "unreasonable" aids, and other irregularities contrary to the strict principle of the feudal system, whether simply extensions of the royal prerogative, or actual encroachments upon freehold right, may be described as excessive, or arbitrary and illegal taxa- tion. The expenses of the feudal sovereign were equivalent to the expenditure in modern times for " carrying on the government," and as long as they were defrayed out of the ordinary revenues of the crown, without recourse to any "extraordinary" levy, the circumstances of the country may be supposed to have been prosperous, and the people contented. After the disastrous reign of Stephen, however, the expenses of the English sovereign seem to have far surpassed his revenue derived from ordinary sources, and the Scutage, which was then for the first time levied, was one of those extensions of prerogative which were more difficult to resist than arbitrary and illegal encroachments. It was grounded upon the undoubted right of the sovereign to summon his military tenants to perform their annual service of 176 THE CONCLUSION. [1249- forty days in his army, the advantages accruing- to the tenant from saving the expense of such attend- ance being henceforth paid for by the old fine for absence from "the Host," or an equivalent. Hitherto the vassals of the crown seem to have been permitted to enjoy the advantages of occasional exemption from service without the payment of a fine ; and when in earlier times the Frank freeholder, by an Imperial modification of the old Salic law, was ex- cused attendance upon certain courts unless he was actually concerned in the business to be there trans- acted, no profit appears to have been made out of the innovation by exacting a fine for the concession. Scutage, however, was strictly within the limits of the prerogative, for the king might have enforced attendance if objections were raised to compounding ; and accordingly in Magna Charta the right to levy it was admitted, but regulated — like the other feudal obligations, including voluntary aids — when the equi- valents of "arbitrary and illegal taxation" were abolished; for it was the object of the barons to raise a barrier against the encroachments of arbitrary pre- rogative and to define the full extent of freehold right, long since enjoyed by every freeman, rather than to terminate an imaginary struggle of a century and a half by the re-establishment of " Anglo-Saxon liberties." Scotland, however, presented in many points a different picture from her southern sister during the period which was now fast drawing to a close. No scutage appears to have been levied at any time, and the Scottish freeholder, after he had attended upon the royal court during the progress of the king through his sheriffdom, seems to have been allowed to return home, if there was no occasion for his 128s.] WEALTH OF THE ALEXANDERS. 177 services in a military capacity, without paying for the privilege by a fine, which was only levied in cases of actual absence from the royal army in the field. The royal assizes appear to have been regu- larly held at the capitals of the sheriffdoms, thus entailing no unnecessary expense and trouble upon the freeholder in following the royal court for " com- mon pleas," or for " disseissin," and other questions about property, which were thus removed from the " neighbourhood," by whose verdict they ought to have been decided — orrievances of the English free- holder which were sufficiently burdensome to be especially guarded against in Magna Charta. No voluntary assistance was required from him, as in England, for the prosecution of foreign wars, and for various other purposes ; for not only do the Scottish sovereigns appear to have restricted their expenses within the limits of their ordinary revenue, whilst they were never backward in exhibiting a regal magnificence when the occasion required, but they often display a command of money which marks them to have been princes of considerable private wealth. No assistance was asked from the nation when the princess Marjory received 10,000 marks with "a noble dowry in Scotland" — to use the words of the Chronicler of Dunstable* — on her marriage with the Earl of Pembroke, her brother paying an additional 500 marks for the wardship of her youth- ful husband ; Alexander's command of money on this occasion contrasting singularly with the neces- sities of Henry, who excused the delay in paying the long-promised dowry of his own daughter by pleading his inability to find the means, a confession * Quoted in Macphcrsoii s Jiy/ifofi, of most of the sums expended at various vol. 2, p. 481, where nrcntion is made times by the early Scotlish kings. VOL. II. N 178 THE CONCLUSION. [1249- sufficiently significant of the state of the Enghsh exchequer. Indeed there always appears to have been a difficulty in obtaining payment from the English king, and the Rolls abound with acknowledg- ments satisfactory, no doubt, and instructive to the historian at the present time, but in a commercial point of view not a little suspicious.'""' The purchase of the Orkneys was completed entirely out of the private resources of the king, and 4000 marks were made over at once to the king of Norway without any difficulty, with a promise of the annual payment of another 100, equivalent to about 1300 more, according to the value of property at that time. When the kinor was able to maintain a becominor state and dignity, to display on suitable occasions — as at the coronation of Edward I. — a lavish magni- ficence, to raise large sums of money for various purposes, and at the same time to abstain from all appeals to his subjects for assistance, it may be assumed that the kingdom was flourishing and wealthy, and that the prosperous circumstances of the sovereign were shared in a certain degree by every class in his dominions. The true secret of the wealth and prosperity of Scotland is to be sought in the wise and enlightened policy of her sovereigns, inaugurated undoubtedly by David, under whose peaceful and beneficent rule the whole of the North of England equally partici- * The acknowledgment, for instance, " voluntary aids " due from, and paid of the annual payment of ^200 due to out of, their lands in England. The Alexander II. after the convention at " Littera de auxilio facto in denariis York, appears so often in the Patent per Dominum regem Scotise, quce non Rolls, that it raises a suspicion that for trahetur in consequentiam" {Robcrt- a considerable time the claim was sol's Index, p. xxii.), referred to the acknowledged rather than paid. I "benevolence" of Alexander III., to have not alluded to the " benevolences" mark it as a voluntary aid, not a neces- paid by the two Alexanders to Henry saiy obligation, and Edward, for the)- were evidently 1285-] THE POLICY OF PEACE. 179 pated in the prosperit)' of his own kingdom. In one point, however, his pohcy was destined to be aggressive. He naturally sought to add the earldom of his wife's father, which lay in such tempting proxi- mity to the Tweed, to the dominions he was to bequeath to his descendants ; whilst the English kings were as naturally averse to intrust this impor- tant fief to a neighbour so powerful as the king of Scots, and thus practically to withdraw their frontier to the Tyne. Hence arose the jealousy between the two crowns during the latter half of the twelfth century ; hence the disastrous war and capture of William, entailing for a time the subjection of Scot- land, the revolt and hostility of Galloway, and a doubtful and dangerous contest for many years against his own cousin and rival MacWilliam. The depreciation of the coinage in the earlier part of William's reign, and his appeals on two occasions to the assistance of his subjects, attest the compara- tive impoverishment of his kingdom from these causes ; but a different spirit appears to have actuated him towards the close of his career, and in his secret arrangement with John may be traced a disposition to effect a compromise. His son and grandson followed in his footsteps, directing their attention principally to the internal regulation and consolida- tion of their own dominions, and the result was an advance in the social state of Scotland which it is vain to look for in the succeeding reigns. Peace -V was the great object in view of both the Alexanders, and peace was indeed the only true policy of both countries. Long ago the sagacity of the Norman Conqueror had detected the wisdom of a conciliatory policy towards England's less powerful northern sister, his grant of manors, or subsidy, to the Scot- i8o rilE CONCLUSION. [1249- tish Malcolm ensurino- uninterrupted tranquillity upon his northern frontier. Such was always the feeling of the English barons, who so often raised their voices in favour of "peace with Scotland;" and though Hubert de Burgh may have been actuated by interested motives, his was the policy of an English statesman — that of his rival, Des Roches, of an intriguing alien. Many another prince may have bequeathed a brighter name to posterity, for the miseries and sufferings attendant upon a career of conquest read coldly in the still, calm, page of history ; but the triumphs of the Scottish Alexanders were unstained by blood, and whilst they were ever ready to assert and defend the independence of their native land, no higher encomium can be passed upon their memor)- than that they lived in the recollection of their subjects as " kings of peace." The last sovereign of the line of Atholl sleeps with his fathers in Dunfermlyn, and the sceptre of a noble and a far-descended race awaits the grasp of a sickly and unconscious infant. Fondly yet fearfully the hopes of Scotland turn towards that northern land where dwells the motherless child, sole fragile barrier against the rivalry of a fierce nobility, and the ambition of an able and unscrupulous foe. Al- ready the threatening cloud which dimly oversha- dowed the deathbed of the prince of Scotland gathers darkly and gloomily in the distance ; a presentiment of impending evil oppresses the nation; and in the words of the earliest known specimen of Lowland Scottish poetry, a simple and touching lament in which is embodied the aftectionate regret of the 1285.] SCOTLAXD'S LAMENT. 181 people for the loss of their popular and kind-hearted " Quhen Alysandyr oure Kyng wes dede, That Scotland led in L\v"\e and Le, Away wes sons of Ale and Brede, Of Wyne and Wax, of Gamyn and Gle ; Oure Gold wes changyd in-to Lede, Chryst borne in-to Virgynyte, Succour Scotland, and remede, That stad is in perplexyt^."* * IVynton, bk. 7, c. 10, 1. 527. quillity. Under the lee, means under Lwve and le, love and peace or tran- the shelter — in peace. APPENDIX. A PPENDIX /-^ \. I.— KINGS OF THE PICTS. 49- 5°- 51- 52- S3- 54- 55- 56. 57- 58. 59- 60. 61. 62. 63- 64. 65- 66. 67. 68. 69. 70. Bruidi Mac Malcon . Gaitnay Mac Donald Nechtan Hy Firb Kenneth Mac Laclilren Gartnay Mac Foitli . Bruidi Mac Foith Talorcan Mac P'oith . Talorcan Mac Eanfred Gartnay Mac Donald Drost Mac Donald . Bruidi Mac Bill Gharan Mac Enfiscdech Bruidi Mac Derili Nechtan Mac Drost . Drost i Alpin . Nechtan Mac Derili . Angus Mac Fergus . Bruidi Mac Fergus . Kenneth Mac Fei-edach Alpin Mac Feredach Talorcan Mac Angus Drost Mac Talorcan Conal Mac Taidge Constantine Mac Fergus Angus Mac Fergus . Drost Mac Constantine ) Talorcan Mac Uitholl \ Eoganan Mac Angus Fered Mac Bargoit . Bruidi Mac Bargoit . Annals. Chron. r re- d. 584, reigned 30 year d- 599, II .. 20 d. 631, . II ... <1. 635, . 4 d. 641, 5 d. 653, . 12 d. 657, . 4 <1. 663. . .. 64 d. 672, 7 d. 693, 21 4 d. 706, II res. 724, 15 exp. 726, ) d. 728, \ ■ 5 d. 729, d. 761, 31 ... d- 763, 2 ... ^1- 775' - 12 ... 3h- d. 782, 44 or 5 2h ... exp. 7S9, 5 •■■ d. 820, . 30 ... d. 834, . 12 ... 3 ... d. 839, . 3 ■•• 3 I Kenneth Mac Alpin. 1 86 APPENDIX A, II.— KINGS OF DALRIADA. Fergus Mor Mac Earca Domangart Mac Nissi . Comgal Mac Domangart Gabhran Mac Domangart Conal Mac Comgal Aidan Mac Gabhiaii Eocha Buidhe Mac Aidan Conad Cer Mac Eocha . Ferchar Mac Conad Donald Brec Mac Eocha Conal Crandomna Mac Eucho Dungal Donald Duin Domangart Mac Donald I'roc Malduin Mac Conal Ferchar Fada Eocha Mac Domangart Aincellach Mac Ferchar Duncha Beg . Selvaqh Mac Fercliar Dungal Mac Selvach Eocha Mac Eocha 13 16 13 Muredach Mac Aincellach 3 3 3 3 Eogan Mac Muredach . 3 3 3 Aodh Fin Mac Eocha . 30 30 30 30 Fergus Mac Eocha 3 3 3 Doncorcai Selvach Mac Eogan • 24 24 24 Donald 24 Conal .... 2 Conal .... 4 Constantine . 9 Angus .... 9 Aodh .... 4 Eoganan Mac Aodh 30 30 30 13 Dungal Mac Selvach 7 7 7 7 Alpin Mac Eoganan 3 3 3 4 IV. V. VI. Du.\> ANNAI.IS' rs. 3 3 27 K. of Dalriada, d. 502. 5 5 5 5 Do. 505. 32 24 34 24 Do. 538- 22 22 22 2 Do. 560. 14 14 14 15 Do. 574- 34 34 24 24 Do. 606. 16 1 1 16 1 16 1 1 70 ! Do. Do. 629. 629. 16 16 16 16 14 14 14 14 10 13 K. K. of Dalriada, of Dalriada d. 642. d. 650. d. 673. 16 16 17 d. 689. 21 21 21 21 d. 697. K. of Dalriada Expelled, An. Lit. 698. d. / 719, Tigh. \ K. of Kintyre, d. 721. \ resigned 723. { d. 730. Do. d. 733. Do. d. 733. K. of Lorn, expelled 736. K. (jf Dalriada, d. 'n%,Aii. ill. Do. 781, do. Do. 792, do. Kenneth Mac Alpin. GENEALOGIES. 187 > ^^ til) C J. = ti) CO >- r. >^ rt C c W C'S Z ^ P^ ■2 1 I, c/5 ,5 w E -: H W fi. _ 'v- •a ■a M '— = m 12 ^ mJ ^~ >. e^ ^A ^1 < 5 s H i T ^ ^Z J< — = s- a < APPENDIX A. -Ih ,1Q- 5°^ n > > — i-j^ — -Sex- — o-£ ° d - MOO . = <» ii-a -f. ftJ h: w-t: ho ^ o.S "^ O ci 12 g- 5=? 1^ =Ki O Mo 5-3 =2 _ Ml o .SO 3 O o y ■2-3 o ^ Eft. -Mo o> i2 6^ < >< s o a Ph o ~~ u o 1 < E- u> C/5 o n « 1— 1 O 2 ^00 * -2 6, t^ u 2 J! ^ i o •a " o O _ooa C o>C a o ' _E V 1 M » ! « g\ t -J 2 : a ■ 2 c P u: U h tj] o '^ or:? GENEALOGIES. 189 < f-H l-H o H O q7! C 3 ■5 6^1 l-H O 2 gi 4 CO - 3 C- C u "bi) es -a = CAl _|1_ ^xi v2 5-^ = <| i-|.^A u 2 —1 "« _ « 5 r. O &'2(5 Q O > O W " W ^ O ho - =« S.5 II = E— . «< ■cW O I90 APPENDIX A. 11. In the re-construction of a " puzzle" map out of a num- ber of separate pieces the result might undoubtedly be obtained by shaping each piece to the requisite form at the expense of capes, promontories, and other inconvenient geographical features objectionably prominent; but whether the result thus obtained would be worth much in a geo- graphical point of view may safely be doubted. So, by dint of elongating or curtailing certain reigns, by shorten- ing the career of a king too full of years, and judiciously distributing his superfluity amongst less favoured princes, various great authorities have succeeded in constructing lists of the kings of Dalriada, whose reigns are made to fit neatly into the interval between the death of Fergus in 502 and the accession of Kenneth Mac Alpin, which is supposed to have happened in 836. As the historical accuracy of the result of their labours is somewhat ques- tionable, I have contented m}-self with re-producing the sole authorities on which such a list can rest, as far as 1 am aware, leaving its re-construction to the ingenuity of others. There is no difficulty until after the death of Donald Brec. According to Adamnan, the sons of Eocha Buidhe succeeded to their father,* and as the annalists introduce Donald in the usual order after his brother Gonad, and a third brother, Conal Crandomna, appears to have followed Donald, the sixteen years' reign of their nephew Ferchar — a personage ignored by the annalists — who, according to the custom of the age, would not have succeeded before his uncles, must, if real, be misplaced. Malduin is the next king mentioned in the annals, but as they place his death in 689, a gap of thirty years is left which the Duan partially fills up with the reigns of Conal, Dungal, and Donald-duin, whilst at this point the annalists intro- duce a son of Donald Brec, Domangart, to whom they give the title of King of Dalriada. About this period *" Adam. lit. CcL, 1. /, c. 9. GENE A L OGIE S. 1 9 1 the words of Adanman, and events narrated in the annals, confirm the supremacy of the tribe of Lorn, and the reign of Domangart's son Eocha, whose existence is testified by the annahsts, though they do not call him King of Dalriada,* was probably, like that of Duncha Beg, over Kintyre, though his son seems to have regained the superiority over the whole principality. Only three kings of Dalriada appear in the annals after the death of Eocha Mac Eocha. Having never alluded to Selvach in his proper place, the Latin lists now make him useful as a grandson of his own nephew, whilst the Duan ignores him altogether, though they all resuscitate his son Dungal about a century after his death to fill up a gap before Alpin the father of Kenneth. The most famous chieftain of the house of Lorn, however, was far too prominent a character in his own generation to be thus summarily dealt with, he and his son Dungal having attracted the frequent notice of the annalists. The Latin lists are now totally at fault, and the Duan, which has only allowed for one reign of three years between 698 and 778, supplies a list of nine kings to fill the interval between the latter date — that of Aodh Fin's death — and the accession of Kenneth Mac Alpin, prominent amongst the number being Constantine and Angus, apparently the Pictish founders of Dunkeld and St. Andrews. Eoganan and Alpin, the immediate predecessors of Kenneth, are tradi- tionary rather than historical personages, and it is exactly in this period of utter gloom and darkness that the foun- dation must have been laid of that aggrandizement which is supposed by the supporters of the "Scottish conquest" to have led to the utter extermination of the Pictish people by the insignificant tribe of Kintyre ! in. The descent of the old Earls of AthoU from the royal family is unquestionable, the earldom appearing to have *■ Tigh. 723. An. Ult. 722. 192 APPENDIX A. devolv'ed. as usual, upon a junior branch, after the marriage of Crinan with Bethoc placed the Senior of the race upon the throne. Madach, the first-known earl, a contemporary of the sons of Malcolm Ccanmore, was their first cousin, according to the account of the Sagas ;* but he could not have been a son of Donald Bane, as Hextilda, the heiress of that king, carried her claims to the Comyn family. Madach's connection with the royal famil}^, therefore, must have been derived through a son, or daughter, of Duncan I., whom history has forgotten — a not uncommon circum- stance, though it may be gathered from Wynton and other sources that there was a v^ague tradition of old that Duncan had three sons. Madach married Margaret of the Orkneys, their son Harald inheriting that earldom in right of his mother ; but as he never raised any claim to the inheritance of his father, it is evident that Madach must have had another heir, by a previous marriage, to his own earldom. His immediate successor was Malcolm, who, between 1183-86, granted the church of Moulin to Dunfermlyn for the good of the souls of himself, his wife Hextilda, and the kings, his ancestors, there resting,-^ thus identifying his lineage with that of Madach, of whom, there seems no reason to doubt, he was the representative. Amongst the benefactors of Durham he is also found as " Malcolm, son of Malcolm, Earl of Atholl," with his wife Hextilda, daughter of Waltheof, his sons Sumo and Henry (the Registry of Dunferml}'n adds another, Malise), his brother Duncan, his sister Margaret, and his grandson Constantine ;| and he would accordingly appear to have been a grandson of Madach. The earldom passed, on his death, to his son Henry, upon whose death, in spite of these numerous male heirs, it went out of the old royal line. Henry had more than one son, but his eldest, perhaps Constantine, who predeceased him, left two daughters — the eldest, Isabella, carrying the earldom by her marriage with Thomas, a }-ounger brother of Alan Fitz Roland, into the family of De Galloway. Thomas ' AntKj. Cc//. .S "ior Iis--a III -I ?=l- 3 &»■»' I "ill" 1 ^^fa £—'2 I |§3 K 4. GENEALOGIES. 193 died in 1231, when his widow seems to have married Alan Durward, as the signature of Alan with the title of Earl of Atholl is attached to charters dated in 1233 and 1235 ; though, as his signature appears ivithoiit the title in charters dated in and after 12 2^6, it is probable that he only held the earldom in wardship during the minority of Patrick de Galloway.* Patrick was burnt to death by the Bissets in 1242, and his mother must have been dead before this date, for David de Hastings succeeded at once to the title in right of his wife, Fernileth, a younger sister of Isabella, holding the earldom until his own death in I26g.-f John de Strathbogie is then found in possession, having married Ada, the daughter of David and Fernileth, the earldom remaining in his family, a branch of the house of Fife, until their forfeiture in the English wars. At the close of the thirteenth century an undoubted heir male of Earl Henry existed in the person of his grandson, " Ewen, son of Conan, son of Earl Henry," whose property is shortly afterwards found in the possession of the De Atholia family, subsequently known for a short time as Duncanson, and then finally as Robertson, or under the Gaelic title of Clan Donachie. The first who bears the name of De Atholia is Andrew, whom Mr. Skene {High- landers) considers to have been a grandson of Ewen ; whilst in the opinion of Colonel Robertson {Comitatus de Atholia) he married Ewen's heiress. vn. Somarled, lord of the Oirer-Gael, may be regarded as the founder of the predominance of the Scottish clement amongst the Scoto-Norwegian population of the western coast and islands. The De Ergadia family, or Clan Dugal, were his senior representatives, holding his original possessions on the mainland, with originally a superiority over the Sudreys ; whilst the Isles belonged to the family * Chrou. Mc'l. 123 1. Reg. Morav. 128, 129. Reg. Aberd. 250, 251, 266, 37, 40, 114. Rtg. Vet. Arbr. 102, 295. t Chron. Mel. ad. an. VOL II. O 194 APPENDIX A. of De InsuHs, or Clan Ranald, of which the Clan Rory was the senior branch, the Clan Donald belonging origin- ally to Isla. My reasons for not admitting a certain Somarled to share in the pedigree I have given in c. 14, p. 13, note. Duncan de Ergadia appears last in 1244; Ewen first, in 1248; and Alexander in 1284* I see no reason to doubt that Alexander was a son of Ewen, for if Maria had been Ewen's heiress she would have carried the lordship of Arg)-le to Magnus of Man, and to Malisc of Strathearn in succession ; and there is no allu- sion to any other daughter of Ewen. Alexander was always a staunch partizan of Balliol, and in 1292 he bound himself to keep the peace with Alexander of the Isles, eldest son of Angus MacDonald of the Isles, and neither to move in any of his claims against him before the meeting of the Scottish Parliament, nor to countenance Ronald MacAlan, or Duncan MacDugal. His name often occurs in the Faidcra.-\ In 1305 he was driven out by Bruce, and died in England, according to Fordun, though Barbour says that he submitted to king Robert and remained in Scotland.^ His name is found as late as the 13th of December I307.§ His son, John de Ergadia, performed homage to Edward on the 17th of July 1292, and, as John of Lorn, was the well-known opponent of Bruce.ll He fled to England in 1308, was appointed admiral of the English fleet directed against the western coasts of Scotland in 131 i, and was at length captured by Bruce and confined, first in Dunbarton, and then in Lochleven, castles, where " I trow he maid tharin ending."^ John de Ergadia, Lord of Lorn, grandson of the last named John, married Joanna, daughter and heiress of Thomas Isaac and Matilda, a daughter of Bruce by his second wife Elisabeth de Burgh. Glenlyon was conferred upon him and his wife by her uncle, David II., in 1369, * Mat. Paris, pp. 437, 516. Fad. § Feed. vol. 2, p. 22. vol. I, p. 638. t Feed. vol. I, pp. 731, 761, 767, II Fa'd. vol. i, p. 773. 773, 781, 786, 787- + Fordun, 1. 12, c. 18. Barbour, ^ Barbour, bk. 7, 1. 426. lik. 10, bk. 7. 1. 421. 68. Fa:d. vol. 2, p. 135. GENEALOGIES. 195 he having previously received a grant of all the lands in Lorn which had belonged to Alexander of Lorn, probably about 1354, in which year he resigned all claim upon any lands, there or elsewhere, which had been granted to John of the Isles by the two last kings.* His grand-daughter Isabella, the heiress of his son Ewen, carried the lordship to Stewart of Invermeith, the descendants of his son Alan being represented by the MacDougals of Dunolly, the heirs-male of Somarled. Another Isabella, the eldest heiress of John Stewart, Lord of Lorn, who was the eldest grandson of the first Stewart of Lorn, brought it to Colin Campbell, whose descendants, the Dukes of Argyle, repre- sent the senior branch of the race of Somarled in the female line. Alan MacRory was the head of the family of the Isles in 1284, and his heiress Christina was a firm friend of Bruce, assisting him after the battle of Methven.i* He was the brother of Dugal whom Haco placed over the Sudreys, which was probably the ruin of his immediate family ; but it is very doubtful if the Rory mentioned in Haco's expedition was their father. Alan's illegitimate son Roderic, Christina's brother, received many grants from Robert I., but was forfeited in 1325. In 1345 the lands of Moydart, Morar. Arisaig, and Knoydart in Garmoran, with the isles of Uist, Barra, Eig, and Rum, were restored to his son Ranald, by David II., and after the death of Ranald, in a feud with the Earl of Ross, passed, by his sister Amy, to John of the Isles, who granted them, with other lands in Lochaber and elsewhere, to Reginald, one of his sons by this marriage.:!: Alex- ander de Insulis Scotise, or De Yle, the eldest son of Angus MacDonald, who was the head of the junior branch of the family of De Insulis. originally possessing Isla and part of Cantyre, was probably the Alexander younger lord of the Isles of Bruce's grant. § According to the MSS. genealogies in Col. dc reb. Alb., p. 59, he was the * Fordi(it,\- 12, c. 23. Robertson'' s X Robertson' s Index, 28, 8; loO, 2; Index, 51, 27; 80, 141 ; 30, 2. Hailes. 136, 18. vol. 3, p. 386. # Robertson's Index, 26, 23. Fad. t Fordiin, 1. il. c. 12. vol. 2, p. 76. 196 APPENDIX A. ancestor of the Clan Ian Dhu, or MacAlisters, who long retained their property in their original home of Cantyre, and would thus represent the senior branch of the Clan Donald ; though they appear to have never recovered the forfeiture of his grandson "John, son of Duncan, son of Alexander of the Isles," whose lands were given by David II. to Alexander MacNaughton.* The gratitude of Robert Bruce for the great services of Alexander's younger brother, Angus Og, laid the foundation of the rise of the junior branch of the Clan Donald, whilst the marriage of the son of Angus, John of the Isles, with his kinswoman Amy, the heiress of the Clan Rory, still further increased their greatness. The senior representa- tives of this marriage are the MacDonells of Glengarry and Clan Ranald. John subsequently divorced Amy to marry Margaret Stewart, a daughter of Robert II., and the eldest son of this second marriage was Donald, whose union with Mary, sister of Alexander, Earl of Ross, brought that earldom to his son Alexander. Donald's family thus acquired a preponderance above all the rest of his race, and were long the most powerful subjects in the west of Scotland as earls of Ross and lords of the Isles, now represented by MacDonald of Sleat, Lord MacDonald. * Robertsoii's Index, 100. THE CELT AND THE TEUTON, 197 Appendix B. THE CELT AND THE TEUTON. In the present day it is usual to contrast the Celt and the Teuton as types of distinct and separate races, dissimilar in physical appearance, and differing in characteristics and in habits. The Celt is represented as a slight, dark, excitable personage, averse to agriculture and settled labour of every description, and clinging with tenacity to a wandering, uncivilised, and, as it is sometimes called, a "clannish" state of society, safely, but rather vaguely described as " patriarchal," an expression meaning, appa- rently, a state of anarchy into which farther inquiry is unnecessary. The Teuton, tall, fair, and grave, is set down as by nature formed for an agriculturist and a cultivator, a man of settled habits, attached to the soil, and bringing with him, from his native forests, an energetic and practical character, diametrically opposite to that of the fickle and lazy Celt. Without presuming to interfere with the ordinary use of the expressions " Celtic," and " Teutonic," to define certain types of character about as accurately as "Anglo-Saxon" represents the modern Englishman, "Frank" the inhabitant of the Bordelais, and " Goth" the Spaniard of the present day, I will only venture to observe, that for all purposes of practical inquiry it may be as well to be guided by the opinions formed by writers of the ancient world, in whose eyes the Celt and the Teuton in their original unamalgamated con- dition were in appearance and in habits so remarkably alike, as to suggest to Strabo that the meaning of the name of German was derived from the Latin Germanns 198 APPENDIX B. — " near of kin." Nor was the physical appearance of the Celt much altered about the opening of the fifth century, if we may judge from the description left by Ammianus of the tall Gallic matron defending her husband with her "large white arms," a description calling to mind the "milk-white Gauls" of the earlier days of Rome; for, in ancient times, the practical restrictions upon intermar- riage with alien and inferior races preserved the charac- teristics of personal appearance in a manner all but incomprehensible to the ideas of the present day. Local situation, gradual intermixture with people of alien origin, and various other causes, not the least amongst the number being a certain removal beyond the influences of Imperial Rome, have contributed far more than "race" to the characteristics usually ascribed in modern times to the Celts — very much' as if, because the Marshlander is often flat-footed, heavily and clumsily built, and frequently of a somewhat phlegmatic temperament, whilst a hollow instep, a light and well-shaped figure, with often a tendency to melancholy, generally marks the Mountaineer, it were inferred — from the Marshlander in western Europe being often a so-called Teuton, and the Mountaineer a so-called Celt — that the former race were invariably fat, flat-footed, and phlegmatic, and the Celt well-built, active, and melancholy. The true difference between the Celt and the Teuton in ancient times, a difference long discernible amongst the Celtic races, has scarcely been sufficiently attended to ; whilst, by carefully separating as much as possible from the institutions of mediaeval France and Germany all that is due to the influences of Imperial Rome, it will be found, in strict accordance with the testimony of classical authorities, that little difl"erence could have existed between the earlier customs of both races, Celt as well as Teuton exhibiting the usual features distinguishing in ancient times a rural from an urban population. The spirit of " Caste" pervaded the ancient world in a manner which it is scarcely possible in the present day to understand. At the root of every early false religion THE CELT AND THE TEUTON. 199 appears to have lain a desire of dominion, the traditions of nearly every known people referring to a period in which a god-descended race is supposed to have ruled over less favoured mortals by "■ right of blood," forming, as it were, the connecting link in the chain between their own divine progenitors, and the earthly-born dependant classes who toiled for the benefit of their privileged lords. In the earliest and original phase of this system there was naturally only one Caste, exercising the functions of a sacerdotal and military noblesse, thus monopolizing both the spiritual and temporal sources of power, and owing their dominion, partly to the fear of the sword, and partly to a superstitious awe and reverence for their sacred character. The dominion thus monopolized ori- ginally by one ruling Caste was shared in the second phase between two, the once dominant class being con- fined exclusively to their sacred functions and privileges, whilst political power was the prerogative of the Military or " Royal" Caste. To internal revolution, or external con- quest, may be traced the rise of this important change, the Eastern Empires of antiquity affording the best ex- amples of each of the different phases in the early system of Caste. In the original polity of Ethiopia may be traced the first phase of the system, the rule of one dominant class, the puppet king whom at certain periods " the Gods awaited "—whom the leading nobles made away with at their own convenience — still having a parallel at the present day in the Lama of Thibet, and being distinctly recognisable in the ancient Licas of Peru, earthly repre- sentatives, like Pi-Ra, of the Sun, and surrounded by the virgins of that divinity, types also of the Pallacidce of A vuin* The second phase of the system can be detected under one form in Egypt, where the rise of the Warrior Caste, unknown at the date of the Exodus, when Moses was unaware of the existence of freehold lands in Egypt, * Diod. Sic. 1. I, c. 47, 1. 3, c. 5, seems to have played the part of the 6. Stmbo, 1. 17, p. 816. Amongst Ethiopian puppet, the Egyptians in the historical era Apis 200 APPENDIX B. except " the portion of the priests," may be traced to " internal revolution" — to the constant wars in which Egypt was engaged, either with the Nomads of the Arabian deserts, whose pastoral habits rendered everything con- nected with such a manner of life " an abomination to the Egyptians ;" or with the Lybian tribes, the hated and despised " Berbers," whose name, still synonymous with barbarism, was applied by their opponents to all who spoke a foreign language. The continual necessity for a warlike and disciplined force must have fostered the rise of a body of trained soldiery, too formidable to be summarily dismissed to their original condition, too useful perhaps to the Pharaoh of the day for the purpose of internal or external conquest ; and the jealousy with which the Military Caste was regarded by the priesthood may be easily detected in the attempts made by the priest -king Sethos, to deprive the Egyptian soldiery of their distinctive privileges* To " external conquest" — or rather, perhaps, to speak more correctly, to " conquest from without" — may be attri- buted the position of the Babylonian Chaldsans and the Magi. When Daniel and his companions were carried into captivity they were placed under the charge of the master of the eunuchs to be instructed " in the learning and the tongue of the Chaldaeans;" but when these very Chaldeans were ushered into the presence of Nebuchadnezzar to assist in interpreting his dream, they addressed the mon- arch, not in their own dialect, but in " the Syrian tongue," * Genesis, c. 47, v. 20 to 26. " Villeinage," instead of a proprietary Herod. 1. 2, c. 141, 158, 168. Diod. living on their own separate "free- Slc. I. I, c. 73. The policy of Joseph holds." As no allusion is made to is the earliest instance on record of "the portion" of the Warrior Caste, " cancelling ^^/(7/-;-4'///" and converting which undoubtedly possessed freehold the "freeholders" into Gafol-geldas, lands at a later period, the class must the usual process of constructing a have arisen subsequently. The word monarchy. The "cities" were evi- rendered "priest" in our version might dently Names, described by Cyril as equally be translated " noble ; " and in eKaarr) 7r6Xts, /cat at Tre/jtot/cdSes ai'r^s, the earliest monuments the sacerdotal Kai ai vTr''avTfj Kw/iai, the rural popu- and not the royal title is attached to lation Ijeing collected into the KUfiai, the names. Ancient Egyp. Wilkinson, and thus con\ened into villaui, a vol. i, c. i, ]i. 16. THE CELT AND THE TEUTON. 201 the language spoken at the Babylonian court ; and they may probably be regarded as the representatives of the ancient Cushite nobles, known apparently as the Akkad — the Ccplienes of the earlier Greeks — confined to their scientific and religious avocations by the Syrian con- querors* Again, although the Magi are numbered by Herodotus amongst the Median tribes. Magus is a word of Chaldaean rather than of Arian origin, and typical of office rather than of race, Rab-Mag, " the master of the Magi," appearing amongst the officers in the train of the Babylonian Nebuchadnezzar. There were " cities of the Medes" under the power of the Assyrian Shalmanezar at a time when the Arian countrymen of Deioces led a rural life " in villages," or roamed as nomads over the boundless steppes, and in these cities dwelt the ancestry of the Magi ; whilst, from the identity of the word Kshay- athiya used by Darius upon the Behistan monument with Kshatrya., the appellation of the royal and military class amongst the early rulers of Hindostan, it may be con- cluded that the Arian Medes, and subsequently the Persians, held the same position as a royal, or dominant military class, amongst the population of the conquered empire, as the Kshatryas amongst the early people of Hindostan, and the Syrians of Assyria and Babylonia upon the banks of the Tigris and Euphrates.i" The prevalence of ruling tribes united by the tie of a common worship, and, generally, of a common origin from some divine progenitor, is also clearly traceable amongst the early people of the European continent. In the con- federate cities of the Etrurians, that mysterious people who left such strong traces of their influence upon the religion and ceremonial of early Rome — where the spirits * Dan. c. I, V. 4; c. 2, v. 4. c. 17, v. 6. Tobit c. i, v. 14. The Steph. Byzant. in voc. XaXSatoi and title of Rab-Mag appears on the Iottt;. Herod. 1. 7, c. 61. Rawlin- earliest inscriptions, and Tiglath Pileser sot's Herod. Essay vi. sec. 23, note is described on the Kileh Shergat 9. Essay x. sec. 2, i. and bk. i, c. Cylinder as "he who has reduced all 181, note 3. the Magian world." Rawl. Herod. Essay v. and vii. sec. 7, n. 3 and sec. t ycre/n. c. 39, v. 3-13. 2 Kings 18, note 3. 202 APPENDIX B. of departed worthies watched over the fortunes of their descendants under the Etrurian name of Lares — a domi- nant noblesse, at once sacerdotal and military, ruled amongst a numerous and utterly dependant clientage. Closely resembling the nobles of Etruria, or the Piromis of ancient Egypt — the xaXol xaya^o/ of gentle birth — the Attic Eiipatridcs stand out as types of the dominant class that ruled the early Greeks, masters of the fortified citadel, members of the royal race, and sole officiators in all religious ceremonies. After " tyranny" — authority based on power rather than privilege — first broke down the barrier that hedged around the citizen-noble of ancient Greece, opening the way to the citadel to the rural popula- tion of the Denies, the prestige of religion still clung to the sacred race, and the god-descended families of the olden time retained their ancient privileges of alone celebrating the worship of their celestial and mythical progenitors.* The bravest and most numerous of the Scythians, the opponents of the Persian invaders, were " the kings," or royal tribes, regarding the agricultural and nomad Scythians as their serfs, and united in the worship of Neptune, whilst Vesta was the tutelar goddess of the whole nation. "Kings" were the ruling tribe amongst their predecessors the Cimmerians ; and " kings," or royal tribes, united in the worship of Mercury, from whom they claimed descent, and deeming it a mark of gentle birth to tattoo or paint the body, monopolized the lead amongst the Thracians. The presence of royal tribes is also noticed by Strabo amongst the Sarmatians, but nowhere are they more evident than amongst the ancestry of the Scandinavians and the Germans. According to the old * Dio)i. Hal. 1. 9, c. 5. Liv. 1. " the man," appears to have been 10, c. 16. Etyinol. Mag. Euirarpidai. equivalent to the Teutonic JiW, Herod. 1. 2, c. 143. The union of the "baron," or man of free and gentle sacerdotal with the royal character birth. The esoteric secrets of the faith amongst the Etrurians is shown in the amongst the Greeks, known only to remark of Livy, 1. 5, c. I, that the the sacred race in early days, became King of Veil was offended "quod in later times "the mysteries," com- suffragiis duodecim populorum alius municated to the outer world only by saccrdos ei prselatus esset." Pi-Romi, initiation. THE CELT AND THE TEUTON. 203 traditions of Scandinavia, Odin, chief of the Q^sir, or gods, once dwelt on earth with his twelve Diai', Di'ottnr, or Godr, CEsir also, but uniting to their heavenly characteristics the offices of priest and judge of the people ; in direct descent from whom a god-born race long continued to exercise those functions amongst men, which their divine progeni- tors had claimed as their prerogative in Asaland. The title of Drott, borne by the gods and their immediate representatives, continued to be the sole title of authority until it was superseded by that of king, when the supreme authority became the peculiar appanage of some particular family or kin. A knowledge of Runes, incantations, and magic — the sacred science of the age — pre-eminence in war and horsemanship, and the exclusive possession of Odal lands, were the traditional characteristics of the ruling class, the Jarls, or Eiipatrids, who thus centred in them- selves the proprietorship of the land, and the attributes of priest and warrior."" Similar features are traceable amongst the ancient Germans, whose ruling class originally united in their persons the offices of priest, warrior, and judge. There may have been an early period when each chieftain was priest, judge, and leader of his own kindred and people, but, as clans and tribes united to form con- federacies and states, some prominent chieftain was chosen to preside in their Moots, Malls, or public assemblies, to take the lead in religious ceremonies, or to marshal their * Herod. 1. 4, c. ii, 20, 59, 120; of the lords — upon an equal footing, 1. 5, c. 6, 7. Strabo, 1. 7, p. 306. until they agreed to elect for life one Heimsk. c. i, et seq. North. Antiq. supreme Godr, the first step towards a '''' Rigs -Dial, '"' ^. 446. Dry'htin, Droh- monarchy had not Iceland been de- tin, Druhtin, and Triihlin, are all pendant on Denmark (H7icatott Hist. equivalents of the Scandina%dan Z>w;y. Noi-th, c. 3). In the Mosaic era, Dry/it, Lead, Eori, are often used for Gods and yudges seem to have been either "lords" or "people," for before s}Tionymous terms, possibly a relic of the distinction between "noble" and the sojourn of the Israelites under /*/- "free" aU the people were lords. Ra "the sun." Compare Exodus, The colonization of Iceland affords a c. 11, v. 6; c. 22, v. 8, 28. In all these good example of the early state of passages the word is rendered Gods in society in the north, each Godr ruling the Vulgate and in Luther's version, his followers by divine right, and How far is the word Godr at the root forming an unit of the noble class who of the name of the gieat Gothic con- met in the Hcrjar- Thing — the assembly federacy ? 204 APPENDIX B. forces in war. Each of these offices might be held by separate indivaduals, or united in the same person, and when permanently thus united, and transmitted as the heritage of a Cyn or kindred, the Cyning, the head or representative of the kindred, appears to have been dis- tinguished as the ijig, or king in the modern acceptation of the word. The earlier phase, however, of the system of Caste is alone traceable amongst the Teutons. No class was set apart for the exclusive exercise of the functions of a priesthood, the " priest of the state," in the days of Tacitus, only celebrating in public, and on solemn occa- sions, the ceremonies which every freeborn man was capable of performing in his private capacity, and no separate sacerdotal order is distinguishable amongst either Germans or Scandinavians.* Such was not the case amongst the Gauls, who alone, of the populations of Western Europe, present an example of that mixed political system which may be traced in the great historical empires of the East. Half a century before the Christian era two classes are described by Caesar as dividing between themselves the monopoly of dominion. The profession of arms was the sole occupa- tion of the Equites, or military class, whilst the Druids, released from the dangers of war and the exaction of tribute, monopolizing the exclusive superintendence of every religious ceremony, whether public or private — resembling, in this point, the Magi amongst the ancient Persians — judges of every cause, and placing all Avho opposed their decrees under the ban of a withering excommunication ; electing from their own body a Hiero- * Tac. Germ. c. 7> lO. As the ovTayap' the Themngian Goths, race, so Cj'«-ing or Aow-ung, originally or Visigoths, were still under the rule of meaning only "a child of the A'm," a y?/r/t'x, when the Greutungs, or Ostra- gradualiy became " the child" or repre- goths, obeyed an infant king — a p-(]i_ — sentative of the Kin. The word of the race of Hermanric, a change amongst the Goths which seems to probably to be attributed to the empire have answered to our ideas of a heredi- established by the latter. {Am. Marc. tary monarch was pijl — Ric or Righ — 1. 31, sec. 3.) THE CELT AND THE TEUTON. 205 phant whose office lasted for life, and committing the mysteries of their faith to memory to preserve them from the knowledge of profane mortals, present every appearance of a sacred and once dominant noblesse confined to their sacerdotal avocations by the encroachments of a rival Caste. There may have been a time, indeed, when the Druids stood out as a separate race from the Equites, a band of foreign conquerors ; or relinquished to their too powerful dependants a portion of that power which they were no longer able to monopolize ; but, in the days of Caesar, Gaul seems to have been long inhabited by a population of comparatively settled habits, her ruling classes were amalgamated and had become one united people, whilst her institutions bore evident tokens of having approached a period of decline. The Druids and the Equites had long ceased to be classes of different origin, the ranks of the former being recruited from amongst the best blood of the latter ; but the barrier existing between the two Castes still remained intact ; the prerogatives of each were still kept carefully distinct ; and long after the introduction of Christianity amongst the Celtic races of Britain this division, or " balance of power," surely attributable in the first instance to the division of authority for so lengthened a period between two separate Castes, continued to be a fixed principle of policy, exem- plified in the invariable separation of the judicial from the military functions of the officials appointed by the sovereign.* The state of society amongst the Gauls in Caesar's days, though differing in many respects from the descrip- tion which the same authority has left of the Germans, bears not a few features of resemblance to the condition of the latter people at a later period ; and as the institu- * C(vs. de B. G. 1. 6, c. 12, 13, 14. The tradition amongst the Druids that Herod. 1. I, c. 132. Divitiacus the the Gauls were partly indigenous, partly Druid, with wliom Cicero was per- immigrants from distant islands, and sonally acquainted, was brother of from beyond the Rhine, seems to Dumnorix, one of the leading Equites point to a recollection of some di- amongst the Oidui {Ccts. de B. G. 1. versity of origin. {Am. Marc. 1. 15, I, c. 18. Cic de Div. 1. I, c. 41). sec. 9). 2o6 APPENDIX B. tions of both people appeared far less antagonistic in the eyes of contemporary observers than they are generally represented by modern authorities, it is not improbable that somewhat similar causes may have produced in either case corresponding results ; and that some light may be reflected upon the Gauls by a passing notice of the Germans. Two separate classes may be traced from the earliest period amongst the latter people, and indeed amongst all others, the Ingcnni and the Scn'i, the Free- born and the Unfree ; and even in the days of Tacitus the distinction between Noble and Free is evident in the existence of a Plcbs, and in the mention of Nobiles and Ingenui ; but no personal slaves were to be met with at this epoch, for the German knew of no use for them, his wife and family performing every household office, whilst in their manner of living there was no distinction between the master and the serf The servile class was entirely agricultural, reminding Tacitus of the Roman Colomis, occupying their own homes, and supplying their lords with corn, cattle, and clothing, according to their wants, or, in other words, Avith the whole means of subsistence. Wherever this class existed they appear to have been known in early times as Lcots, representing in theory, and very often in reality, a conquered population remaining on the land on sufferance, and deriving their name from the nature of their tenure, in contradistinction to that of the free proprietor by right of birth.'" The early Germans, described by Tacitus, were essentially a non-agricultural * To this day Leasehold is distin- been familiar to the Romans, tlie guished from Freehold. The name of Aeroi)? tQvo/. N'at., 1. 4, it probably is traceable in the name of c. 30), was from the territory of the iV««Aiates, a tril)e situated of old to Silures, which must therefore have ex- the southward of the Lake of Geneva, tended to the coast. In fact, Demeti in Sahaiidia. It is a relic, I suspect, of and Ordovices are only names of local "the dark haired .Silures." meaning — perhaps also Silures — the f Cirs. deB.G.,\. 5, c. 14. BritJi, former surviving in ZJjTVrt' — Demetia — "coloured, painted" is apparently at South Wales from dcheii; the latter the root of ^rjV/i-rw, j5;T//i-^;/, Latin- being apparently Ord-Ewigox "hills- ized Britannia, Brito. It was a de- men." There is a word frequently scriptive name; no more a name of found to the westward of the Severn, race than Pict or Scot. It is singular never to the eastward, or, that I am to remark the close connexion in Welch aware of, in any other part of the British between Brith and Breith — paint and Isles, with one exception in Ireland, privilege. Amongst the Thracians, It is N'ant, also found amongst the the highest privileged classes were the High Alps of Savoy, in such names as highest painted. THE CELT AND THE TEUTON. 225 element amongst the Japodes of the eastern Alps adopted this custom from the Illyrian popidation with whom they coalesced, so it v/ould appear as if the invaders of Britain, whether Celtic or Silurian, must have found it prevalent amongst the earlier inhabitants, probably the " natos in insula" of Caesar, and made it their own in a similar manner, some strange fascination lurking in the practice ; for it may be gathered from some of the earlier councils of the Anglo-Saxon church that it needed all the influence of ecclesiastical authority to prevent the Angles from following the example of their predecessors, and becoming "a painted race." But though comparatively unknown amongst the inhabitants of western Europe, self-painting was widely prevalent in the East, where it seems to have been the mark of gentle birth. It was the universal custom amongst the Thracian and Thraco-Scythian tribes, as well as amongst the population of the Eastern Alps, as has been already noticed. The Arii, the leading people amongst the great Lygian confederacy in the days of Tacitus, were as noted in the centre of Europe for their painted shields and bodies as the " caeruleos scuta Bri- gantes" of Seneca in the West, or Pliny's ''caeruleo capillo Agathyrsi" in the East ; and the glmicce genes of the Heruli were probably attributable to a similar cause. It is not a little remarkable that the customs of self-painting and a community of wives, which prevailed amongst the Britons in the days of Caesar, are attributed by Herodotus, four hundred years previously, to the Agathysi on the borders of the Black Sea, and were still the usage of the same people four hundred years afterwards, in the time of Ammianus Marcellinus.* Thus self-painting and Mercury worship were the peculiarities of the royal and ruling * Herod., 1. 4, c. 104, 108, 109 ; 1. 5, name for the Welsh clergy — " Glaswir c. 6. Tac. Germ., c. 4S- Am. A/arc, id est viri ecclesiastici" (A;ig. .Sac, 1. 32, sec. 2. ZTiyfiari^eiv is the Greek vol. 2, p. 534). The name of the expression, with which the "ferroque sacred class in heathen times had de- 7iotatas .... Picto moriente/^z^ra^" scended to the Christian clergy. Are of Claudian {Bel. Get., 1. 416) agrees, the painted caste-marks amongst the It is singular that in the days of Hindoos a relic of this once widely Giraldus, Glasjvir—blne men — was the spread custom ? VOL. II. Q 2 26 APPENDIX B. tribes amongst the Thracians, and far away to the west- ward, hundreds of miles from either Thracian or Aga- thyrsian, self-painting and Mercury worship flourished amongst the isolated Britons — for as Gallic was but an offshoot of British Druidism, the Gallic god must have been the great object of worship in Britain.* It would be difficult to account for the prevalence of features so similar amongst people so widely separated, unless by supposing the existence, at some remote period, of a kindred element, stretching along the borders of the Baltic and German seas until broken in upon by the inroads of Celt and Teuton, and either dispersed or absorbed upon the Continent, but sheltered by the insular position of Britain until amalgamated and forgotten amongst the successive invaders of the island. The intermixture of alien races amongst the Celts, or Gael, of Ireland is equally evident. Whilst the Fir-Bolg in the old traditions of that country are stigmatized as " small, black, and lying," the dominant race is characterized as " the yellow-haired Gael," " tall, fair, and skilled in magic, fond of the harp and of horsemanship ;" exactly as the tall, fair, blue-eyed and yellow-haired Jai'l, and red-haired Karl, are contrasted in the Rigs-mal \\\\}s\ the dark, stunted, and swarthy Trail. This original distinction of race was still remarkable at the date of the Anglo-Norman invasion, and Giraldus contrasts the characteristics of the northern and southern Irish in a manner that recalls the difference between the Gaul and the Iberian in the days of Strabo and Diodorus."}" The northerns, known pre-eminently as " the men of Eire," are first discerned in the district to which they gave the name of VladJi — " the country," home, or Gaiil — bordered on the south by the men of Gailin — " alien land " — and Olneinaght, looked upon as Damnonians and Fir-Bolg, people of alien race. Einaiiia is the capital * C'xs. de B. G., 1. 6, c. 13. " Sicut ergo Borealis Hiberniae bellica, sic semper Australis gens Subdola. + ^'' Ethnology of the Ancient Irish'" Ilia laudis, haec fraudis cupida. Ilia (IVi/de), p. 6, 7. ///us. North. Antiq. Martis, base artis ope confisa. Ilia " J?igs-ma/,^^ Y>. <,6^ Gir. Camb. Hih. viribusnititur, hoecversutiis; illaprs;liis, Exp., 1. 2, c. 18. His words are hasc proditionilius." THE CELT AND THE TEUTON. 227 of the northern, Tara of the central kingdom, for " the men of Eire" are not yet brought into contact with the southern Mavihain — "the foster-mother" — and all is dark in that quarter. In the next phase of legendary history the onward progress of "the men of Eire" is visible ; Tat'a is now their capital, " the glory has departed from Eniania" henceforth apparently relinquished to a junior branch, and OliiemagJit is added to their dominions, and known from this time as Connaught — Con-iochta, "further Con" — for Leth-Cuin, or " Con's share," is the name of their country, and that of Uladh is confined to the eastern portion of the earlier province of which the rest is known as Foclad — the north. The Eiscir-Riada — "the ridge of tribute"* — is the limit of Lcth-CuiJi, the home of the free, untaxed Saer-Clans or DucJiasacJi, whilst all southwards is LetJi-MogJi — " the slave's half" — a name ominously full of meaning, for the Boriimha, or " cattle tribute," was at this time due from the whole of the south of Ireland. But " the men of Eire," crossing the Ridge, established themselves in the servile provinces — their Mtimhe, or " foster-mother," not their Gnladh or native home — carrying with them their immunity from tribute, and at the dawn of authentic history MtimJiain, under the EoganacJits, acknowledged no right in Leth-Ctiin to impose the BoriunJia, which long continued to be exacted from the men of Leinster, descendants and representatives of the race whose kings once ruled at Tara. The name of Gael, once confined to "the yellow-haired" races of the north — like that of Frank to the Barbarus in Gaul — gradually extended to the whole people, Daer or Sacr, dark or fair, as distinguished from subsequent invaders ; every petty kinglet and chieftain was grafted upon one of the three great branches of the pure race, often by some strange and unnatural legend ; and at the present day (if the pedigrees are to be trusted) very few Irishmen, of so * Two interpretations are generally personal experience that the name of given of Eiscir-Riada, "the riding Dal-Riada, " the riding district," ap- ridge" and "the ridge of tribute." If plied to Lorn, Cowal, and Kintyre, is the first is correct, I can only say from most egregiously inappropriate. 22 8 APPENDIX B. called Milesian origin, would acknowledge a descent from the despised but numerous and, at one time, powerful A it each- Tnatha* Of the early progress of the Gaelic race in northern Britain not even a conjecture can be formed, legend and tradition having thrown no light upon the subject as they have done in Ireland. That the original and pure " yellow-haired Gael " were essentially a northern race is shown unmistakeably by their language, in which the same word Tiiath — the TJiiod or Diot of the Teutons — stands for "a people," or "a country," and "the north;" and as the use of the word Traniontana for the north wind would at once stamp the Italians as a people living to the southward of a mountain range, so the language in which "a country" is identical with "the north" can scarcely have been spoken by a people whose home was originally in the south. The tradition of the Cymri unites the " G\v)'ddel Ffichti," or Gaelic Picts, with the Coranied and the Saxons, as the three "intrusive tribes" who acquired settlements in Britain by force of arms, bringing the Picts "over the sea of Lochlyn" — the northern ocean — and placing them " in the Alban along the shores of the Mazvr Tazvch" in other words, along the east of Scotland beyond the Forth, the very heart of ancient Scotia. Beda also, who is perhaps the earliest real authority on the subject, representing the ideas of the seventh and eighth centuries, brings them from " Scythia," only another term for the north.*f- The invari- able progress of invasion and colonization in Britain during historical times has been from east to west, with frequently a downward impulse towards the south, but * For Early Irish Histor}', Vide try" — the agricultural class attached Appendix H, and for " the Pictish to the soil. It is high time they should question," Appendix I. The Aiteach- cease to be confounded with the Atta- Tiiatha in Irish tradition play the part cotti^ for whose presence in Ireland of the yotims of Scandinavia — appear- there appears to be not a shadow of ing as a giant-race. The name seems authority. to have been derived from Aite, "a f Bed. Hist. Ec., 1. I, c. I. The place," " a countiy," and merely means Cymric traditions I quote from Betham's pagani, "country people" or " peasan- " Gael and Cymri." THE CELT AND THE TEUTON. 229 never in a contrary direction, nor is there any reason for imagining that the tide flowed differently in pre-historic times. The Belgae, the latest settlers in the days of Caesar and of Tacitus, were found upon the eastern coasts ; Saxon and Angle occupied originally a similar position, the downward progress of the northern Angles pressing Wcalh and Ge-wissi towards the south and west ; and when the Northmen established themselves in the island they formed no exception to the general rule. Hence it seems probable that the Cymric tradition is correct, and that the ancestry of the Gael, arriving at some remote period across the Northern Ocean, established themselves as the dominant race throughout the north and east of Scotland. Previous to the arrival of the Angles, their southern neighbours were the Cymri, the other branch of the Celtic race which is found in Britain. With the Britons of the south, Lloegrians as they are sometimes called — who carried the name of Breton, not of Cymri, across the channel — and indeed with the majority of the Provincial, or Romanized Britons, the Cymri had little traditional connection. Many of the former were of Belgic origin, and the Celtic element amongst the Cymri appears to have been allied to the Ccltce, the earliest known and original Gauls.* All the Lloegrians, according to Cymric tradition, "became Saxons, except the Cornishmen and the Commot of Carnoban in Deira," contributing to form the dependant classes of "the Wealh" who long stood out as aliens amongst their Saxon and Anglian masters. The original home of the ancestry of the modern Cymri — or rather, perhaps, of the ancestry of " the noble tribes" of Wales — is to be sought amongst the extra-provincial Britons beyond the Wall of Severus. Here flourished the poets who celebrated the stand made by their favourite * To the various instances brought at the head of the Lake of Geneva, forward by Mr. Garnett and others in evidently Pen-y-hvch, "head of the proof of the connection of the Celtic lake." Pena de la mesena, "mizen element amongst the Cymri with the peak," and /tv/^? and /dV/rtJCtf, "rocks" Cdta: or older Gauls, may be added or " crags," are also found in Portu- the Latinized /*d'«//w?« near Villeneuve, guese and Spanish. 230 APPENDIX B. Urien against Ida "the flame-bearer;" here was the fatal Bamborough, known to the Britons as " Bernicia's thral- dom/' the keystone of the early Anglian power in the north, as "Edwin's burgh" secured their conquests on the Forth at the opening of the seventh century. Here also was Gododin, the scene of Taliesin's poem, a name traceable perhaps in the ancient tribe of the Otadciii and in the modern districts of "the Lothians;" and from this quarter came apparently "Cynedda Gwladig," who, driving out the Irish Scots from South Wales, established his authority over the whole country, probably reducing the Romanized descendants of the Silures and Ordovices — the dark-haired races to the westward of the Severn — to the dependant condition of " Aiteach-Tuatha."'" Cymni, or Cumbria, was the name applied by the Cymri to their home, and * Nen. Gcneal. Din-guaroi-Gwrth Bryneich means ' ' the fortified Dyn, Bernicia's curse" — like the Zwiiig Uri of Gessler in Switzerland. The very name of Deira — Deheii, the south — seems to point to the true location of the Cymri. It is north-east of Wales but due south of Gododin — Northum- berland and the Lothians. Gwladig or VVladig is derived from Giulad or IV lad — Gaul, home, or native land — and latterly meant amongst the Welsh "the rider of the land." Its Gaelic form would be Gidadack or Uladach, and Giiladk or Uladh — Ulster. As the words Lead, Leute, Theod, T/ieoden, Dry/it, Dryhteit, appear in Beowulf and elsewhere as Lord or People in- tlifferently, marking a time when all "the people" — the privileged race — were lords, so the meaning of Giiladaeh was evidently in early times ' ' the ruling class," retaining this meaning in Ire- land, where the Uladaeh were the dominant race in Uladh, but amongst the Welsh becoming, like ALthding amongst the Anglo-Saxons, restricted to "the ruler." In fact, Gtdadaeh xn\^t have once been translated ^-Ethelings, and was probably the native name of the Equites, passing into Greek as FaXarat. The resemblance of Wladig to the Sclavonic Wladaca, the Mon- tenegiin Vladica, has been often noticed. It may be accidental, like that of the Lappish Animas to the Gaelic Amas {m'dep. 217, note), but if the words are identical, it is very re- markable. The Sclavonic Wladaca, Ruler, and VVladnik, occasionally equivalent to liber baro — Freiherr — is connected with IVladac, to rule, but IVlad has no meaning in the Sclavonic. It is totally different in the Celtic languages, and wherever there were IVladach there must have been an IV lad — Gauls must have found "a home." If, then, the ^F/t7i., 1. i, in this case the liius was an unfree c. 5- Lcet, a servilis mansuarius, or serf t Frilaiz is used in the Bavarian laws planted on the land. The entire class for " liberi qui per manum sunt de- seems gradually to have been enfran- missi liberi," and Frilaizin occurs as chised up to a certain point, and were a gloss in the old Salic law. Leg. Bai., oftener known in later times as F/7/(?«/. tit. 7, c. 10. Do. Ed. Her., 1. 6 The name seems to have been familiar {Cane.) Leg. Sal. Pact. Ant., tit. to the Romans before the fall of the 15, i. 2 34 APPENDIX C. as a Hirdman or Gasind — a personal retainer whose sole profession was war. The L^et appears amongst the Kentish Jutes, but his usual equivalent amongst the Anglo-Saxons, as amongst the Franks, was the Wealh, the Gafol-gclda answering to the Fiscalimis or Crown- Laet, whilst the landless WcalJi, though free, ranked with the Saxon Thcow, Wealh being, in one sense, like Slave at a later period, only another word for Serf* To imagine tliat a population of this description, occupying the soil without any of the privileges belonging only to " right of blood," was a peculiarity confined in any way to the Germanic invaders of the Roman Empire, would be a most erroneous supposition ; — such a class — known amongst the Irish, for instance, as the Aiteach- Tiiatha — having probably existed from the very earliest period as a prominent feature in every conquest effected at the expense of a comparatively settled population. Amongst the Israelites, for instance, it may be easily traced, amongst whom this class seems to have been known under the names rendered in our version " stranger and sojourner," but in the Vulgate, by Jerome, in whose days the Roman system was a reality, advcna et colonus, terms continually occurring in the older Continental codes. Slaves, according to the Mosaic law, were to be procured from the neighbouring nations, and no Hebrew freeman, or " poorer brother," was to be reduced below the condi- tion of a hired servant or "a stranger and sojourner" — advena et colonus — the alien (or Welsh alltiid) and the nativiLs, or inborn occupying tenant.^f* * Thus Bondman is rendered .Slr^/c suggested this theory to Moses, "learned by Ulphilas, Kiiecht by Luther, and in all the lore" of that country, where Wealh in the Anglo-Saxon version. the whole of the land not in the pos- t The Mosaic theory vested the session of the sacerdotal noblesse was property of the land in the Divine at that time vested in Pharaoh, the Ruler of the people, who were simply Egyptian people being no longer free- " strangers and sojourners" — advenae holders but tributaries — or Lats — et coloni — and could not dispose per- Lnil., c. 25, v. 23, 35, 39, et seq. manently of their "holdings," which Alltitd, or alien, did not necessarily were to revert at eveiy Jubilee to the imply foreign extraction, but the want representatives of the original ^'' Allot- of that "right of blood" which origi- to." The state of Egypt may have nally conveyed "freehold right" to LAiTS. 235 It is probable that in most instances a population of this description was originally of a different race from the ruling Ingcnid, the provincials within the limits of the Roman Empire generally supplying this class beneath their Germanic conquerors, until the invariable results of " fixity of tenure," crime, poverty, and various other causes, gradually introduced a large admixture of the Teutonic element into the dependant and servile classes. It may be gathered from Nithard that there was a considerable infusion of the Sclavonic element amongst the Saxon Laets, and Ohter informed Alfred that the majority of the Gafol-gcldas in his days amongst the Northmen were of Finnish race ; though the Sumarlidi, or Summer forays, of the Scandinavians must have replenished the ranks of their Serfs and TJiralls with a motley collection of Wends and Britons, Gaels and Provincials, and English or Conti- nental Germans.* Races of kindred origin, however, were not unfrequently reduced to servitude, as in the case of the Ansibarii in the days of Tacitus, and in the later instance of the Thuringians ; for after the final conquest of their kingdom by Theodoric it was not annexed, like Alemannia or Bavaria, as a tributary province enjoying, to a certain extent, its own laws and customs, but it was incorporated with the Frank Empire as Salic land, and in the most ancient laws of the district, Angles and Werns, placed upon an equality with the Franks, are regarded as Thuringians, the older population having evidently sunk into the condition of Laets and Serfs under the descend- ants of the English auxiliaries, to whom Theodoric had made over the land.*f* the proprietor, and "native right" to propter affiititatem Saxoiiibiis qui Siel- the tenant or serf. ////^anominaverunt, conjungerent, etc." * Nith. Hist., 1. 4, an. 842. Alf. There seems to have been no equiva- Oros., 1. I, c. I. Lothaire incited the lent for the Livt amongst the early Frilings and Lazzi, " quorum infinita Scandinavians ; no settled population multitudo est," to rise against the retained in subject dependance, upon Athelings, and, accordingly, driving out whom the freeborn conquerors could be their lords, they assumed the name quartered as in the Roman provinces, of Stellingas — perhaps 0-siellings or t Tac. An., 1. 13, c. 54-57. Pro- Easterlings. " Igitur metuens Lodho- cop. dc Bel, Gel., 1. i, c. 13. Greg. vicus ne Nortmanni, necnon Sclavi Tiir. Hist. Ecc.,\. }),z. "j. IVitikiud, 236 APPENDIX C. This Laetic class, often representing the original occu- pants of the soil reduced to servitude, but not dispossessed, by conquest, would appear to have been of a more fixed and settled character than their freeborn masters the nominal proprietors of the land, who frequently must have resembled an army living at free quarters upon their dependants rather than a stationary and cultivating class ; and as tribes of kindred or alien race who had been reduced to the condition of clientes, or tributaries, must have regained their independence if released from the power of the dominant race, so the Laetic portion of the population must have been occasionally left behind when their conquerors sought out other spheres for the exhibi- tion of their restless valour, Strabo describes Cis-alpine Gaul as peopled up to a certain period by Gallic and Ligurian tribes, but after the Gallic wars the greater part 1. I. An. Qitcd. Leg. Aug. et IVer. The Aiisibarii, or men of the northern Ems, must not be confounded with the Ampsiiarii, mentioned in connec- tion with the Catti under the Frank Marcomer many generations later (,Greg. Tiir. H. E., 1. 2, c. 9), and who were probably the men of the Ems of Nassau. The account of Gregory, that the Franks crossed the Unstrode dryfoot on the corpses of the Thurin- gians, is transferred by Witikind to the Saxons. This is the real conquest of the Thuringians by the Saxons. The story was true — there was a real con- quest, as in North Britain, only in both instances misplaced. These Thurin- gians seem to have been the descendants of the Cherusci, a people who, in the days of Tiberius, bordered on the Bmcteri and the Weser, before the en- croachments of the Chamavi and An- grivarii, but who in the time of Tacitus were situated north of the Hermanduri, east of the Chatti or Hessians, and south of the Chauci. After the Mar- comannic war the Hermanduri were located to the north-east of Bohemia, or out of the limits of Germany, their former locality being occupied some- what later by tribes of Alamannic and Frank origin, neither of these people answering to the Thuringians. The latter were situated east of the Hessian Franks and south of the Saxons. The Chauci, a people renowned from the days of Tiberius for their size and numbers, increasing in power when Tacitus describes the decline of the Cherusci, driving out the Ansibarii, as their confederates the Chamavi and Angrivarii — the progenitors of the men of Westphalia and Engem — drove be- fore them the ancestry of the Salic Franks, and attacking the Roman pro- vince of Belgica at the era of the Mar- comannic war, were surely amongst the ancestors of the Ostphali, and no people are left to represent the Thur- ingians except the CheniscL Tac. Germ., c. 35. Vel. Pat., 1. 2, c. 105, 106. Spart. in Did. Jul., c. I. yorn- and, c. 22. The hereditary animosity of the Chatti and Cherusci, described by Tacitus, is reproduced in the pages of Gregory as the haired between the Franks and Thuringians. LAiTS. 237 of the Gauls who survived the struggle left the country, the Ligurians remaining in much the same position under the Romans as they had probably occupied under the rule both of Gaul and Tuscan* Assyrian and Chaldee, Mede and Persian, ruled successively over the once fer- tile territories of Nineveh and Babylon, but the subject tillers of the soil were the descendants, probably, of the same dependant population which had occupied the land under the original Cushite proprietary. Little impression could have been made upon the earlier inhabitants of Dacia, or of northern Italy, by the presence of the Goths, who scarcely found a real home before they settled in Spain and in the Scptcm Provincice ; and if the Burgun- dians had moved onwards after their first occupation of Gaul, their provincial hospites would have at once resumed their earlier character of a proprietary and tenantry more or less independent. When Maraboduus led his followers from the victorious arms of Tiberius into the localities once occupied by the Boii, he reduced all the neighbouring tribes to a dependant condition, and when the descendants of his Marcomanni are subsequently found as Bciani on the banks of the Lech, Bohemia is peopled by Slavonic Czeks, representatives of the older population known as Jazyges rather than a foreign intrusive people j^f* whilst in various parts of the ancient area of Germany, the changes and movements of the Teutonic tribes may have brought to light the older occupants of the country, generally Sclavonic races, who appear from this cause in the light of an invading and encroaching people. The influence of the Laetic classes upon the population, * Sd-abo, 1. 5, p. 216. So also Noricum, on the east by Fannonia, when the Jews were carried captive to and was not above two hundred Roman Babylon, "the poor of the land" were miles from the summits of the Alpine left to be vine-dressers and husband- passes into Italy. (Vel. Pat., 1. 2, c. men. 2 Kiugs, c. 25, v. 12. 109). This is unquestionably modern Bohemia. Bavaria, in the days of + It has been suggested by Dr. Charlemagne, was bounded on the Latham that the Bohemia of Maro- north and west by the Lech and the boduus was part of modem Bavaria ; Danube, and would in the days of but it was bounded on the north and Maroboduus have been within the west by Germania, on the south by Roman frontier. 238 APPENDIX C. arising out of their amalgamation with the Ingenui, varying as it must have done according to the numbers and com- position of the former, has hardly been sufficiently attended to. As the progress of this amalgamation advanced, the various dialects once in use gradually blended into a common language, often influenced in its structure, and invariably in its pronunciation, by that element in the population which, relinquishing its own, adopted an alien speech ; and thus a test of considerable accuracy may be attained for ascertaining the relative proportion and in- fluence of the once different elements in many a modern population. For some centuries after the overthrow of the Roman Empire in the west, the dominant aristocracy of Gaul, Spain, and northern Italy, used a language totally different from that of their dependants and tributaries, as well as from that of the older proprietary who shared in a provincial origin ; but the preponderance of the provin- cial over the Teutonic element — of the original Lest over the original Iiigenuus — is amply testified by the languages which are now spoken in all those quarters. In central Europe and in the British Isles the Teutonic has main- tained its ground, the alien or Laetic element asserting its presence — like the Francic in Gaul — by altering th.Q pj'oiitm- ciation of the language ; two peculiarities deserving notice in connection with this change, the retention or omission of the initial aspirate, and the introduction of soft or hissing sounds in place of the ancient hard pronunciation. In ancient Greek and in Latin the presence of the initial aspirate is undoubted, and it may be gathered from a remark of St. Augustine that the proper pronunciation of the // was as much a shibboleth amongst the Roman society of his era as it is amongst ourselves at the present time.* Tesselated upon the door-step of one of the houses at Pompeii may still be read the phrase of wel- * Attgusi. Ccm/ess., 1. i, sec. 29. hominem oderit. Jerome also remarks, Ut qui ilia sonorum vetera placita teneat " ipsa Latinitatis et regionibus quotidie aut doceat, si contra disciplinam gram- mutetur et tempore." According to maticam sine aspiratione primte syl- Polybius the old Latin of the era of laboe oniinem dixerit, displiceat magis the first Punic war was barely intel- hominibus quam si contra tua proecepta ligible in his days. L^TS. 239 come, Have, and the modern pronunciation of the word, Ave, would probably have grated upon the fastidious ears of the Roman proprietor as much as the omo to which the Bishop of Hippo alludes in his own days. From modern Greek, from Italian, in short, from all the languages of the south, the initial aspirate has been banished, retaining its position in the Teutonic dialects, and occupying an inter- mediate place in French and English, the former ap- proaching the southern, the latter approximating to the northern usage. It was not from amongst the upper ranks of society that this change originated : the soft southern pronunciation is traceable to some element amongst the Luetic classes, especially predominant to the southward of the Alps and Pyrenees, and prevailing more or less amongst the old provincial population of Gaul and Britain. As amongst the ancient Romans, and probably also amongst the ancient Greeks, so amongst the modern populations arising out of the amalgamation of northern and southern nations, the h is the sJiibboletJi of the north, the mark of the dominant people, and its gradual dis- appearance can only be traced to the numbers and influence of the Laetic classes. Another test of this influence may be traced in the mutation of the hard e or k into cJi or sh, or into the softer sound of f, /, or ts, of which our own language affords many examples. Amongst the many dialects existing in the fourteenth century, Higden enumerates three, corresponding in a general way with the three great divisions of Wessex, Mercia, and Danelage, the men of Wessex and Danelage scarcely understanding each other — whilst the Mercians, situated between the two extremes, were familiar with the dialects both of the north and south ; and from this cause it may have partly arisen that modern English is based upon the dialects of Mercia and the midland districts/"" The existence of these varia- tions in the ancient language may still be traced in the * Higden in Gait and Fell, vol. 2, nunciation of several of our vs'ords — p. 2 10- 1 1. The utter impossibility of those ending in oiigh for instance — laying down any rule for the pro- shows what a mixed race the modern 2 40 APPENDIX C. dififerent pronunciation of the names of those towns which have grown up around the old Roman Castr-a. The Chester prevails throughout Wessex, as in Kochcsicr, Chi- cJiester, \N\nchester, approaching the pronunciation of c before a soft vowel amongst the inhabitants of Italy — dying away upon the frontiers of the Cornishmen in ExV/tv, spelt by Camden ^'s.ccster, where the Gczvissi and the Damnoniaiis, or Cornish Wealh, long dwelt together in separate divisions of the same city. The Ccstcr is found in Mercia, where the c is soft as in the French pronuncia- tion, with the same tendency to ellipse or ellision, as in 'L.€\cester, Q\cester, UttoxeUr, pronounced he'isUr, Cister, Uxefer. It is probably from the Mercians that we get our modern pronunciation of c before the soft vowel, for had the Wessex dialect prevailed, it might have approxi- mated more closely to the Italian usage. It is remark- able that as the Welsh frontier is approached, the Clicstei' again appears, Chester^^A, Chester, and 'W2s\chestcr — the south Lancashire form of the Warwickshire ManrrZ/rr — occurring either amongst the hills where Carts and Torrs still prevail, or in localities where a Cymric population is long traceable. In northern, and parts of central, Dane- lage, the old hard pronunciation is still preserved, as in Yioxvcastcr, Tsidcaster, Ancastcr, the Chester reappearing beyond the Tees — in Cunchcster or Chester le Street and in 'Ldinchester, the form in St. Cuthbert's territory for Lan- easter — proving incidentally that the permanent coloniza- tion of the Northmen stopped upon the banks of the Tees, just as the comparative absence of cast r a beyond the southern wall marks the real limits of the permanent Roman occupation.* English spring from. According to pointed out the similarity of the Lan- Ihre {in voc. H) amongst the Dale- cashire Oandiirth (a word in familiar cai'ls, the H is frequently left out or use amongst Scottish burghers) and put in, contrary to the custom of the Yeatidiirth — forenoon and afternoon — other provinces — a peculiarity very to the Breton Anterih and Enderv. traceable in many parts of England. The Caster and the By mark the * The Chester is found in Northum- Northman, and it is singular how their berland, Roxburghshire, and Berwick- actual colonization may be traced by shire. In his " Language and Dialects these two words. Danish Northum- of the British Isles," Mr. Gamett has bria and Danish Mercia were colonized LyETS. 241 There was a time when the pronunciation of every Teutonic race in England, whether Jute or Angle, Saxon or Prison, more closely resembled that which still lingers in the north, and the existence, numbers, and influence of the Lsetic and alien classes, may be fairly tested by such changes as that of scip, sccap, and kirk, into sJiip, sheep, and church — a word all but unpronounceable by a modern Icelander — of c hard into c or cJi, of the Teutonic into the Welch w, as well as by the struggle that still goes on to reject the old Teutonic Ji from the dialects of the lower orders* The Ji still retains its position in all the Teutonic dia- lects of the Continent, but influences similar to those that have changed the Anglo-Saxon scip into the English sJiip more or less thoroughly, but Guth- rum's Danes in East Anglia and Essex appear to have coalesced with the Anglo-Saxons, more as the Goths and Burgundians did with the provincials of Gaul and Spain, and consequently scarcely any change is noticeable in the topography of South Eastern Dane- lage. It is worth noticing, perhaps, that where the ch softens into f amongst the Mercians, the Cymric traditions place the Coranied ; whilst where the ch is again replaced by 5 on the bor- ders of the Damuonii, they preserve the remembrance of certain "men of Galedin;" both races being distin- guished in the same traditions from the Loegrians and Cymry. * The pronunciation of the Nor- thumbrian Angles differed in Beda's days from that of the Saxon Ge- Wissi. Eadh^xt, Ead-^zxA, £a/hed, were evi- dently Wessex forms of the Anglian CEdhert, ^Edward, and ffi/fred, just as Ceavflin was the same as the Anglian Calin, Ceorl as the Anglian Cyrl. Did this difference originally exist be- tween the Saxon ancestry of the Ge- Wissi and the Sjievian ancestiy of the Angles, or did it arise after, and in VOL II. consequence of their respective settle- ments ? It certainly looks very like a first step towards that softening influ- ence which has so changed the hard form of the older pronunciation— like that which changed the hard^« into the softer^^70 — and is recognizable, I think, in the pronunciation of many words at the present time. Even in the absence of any other proof, the general preva- lence in the cottages of our peasantiy of the words Daddy and Mammy, diminutives of the Welsh Dad and Mam, would mark the great intermix- ture of Wealh and Ceorl amongst our agricultural peasantiy; just as boat- s%vain, cocks^aairi, and si-i/>per, point to the original preponderance of the Norse and Danish element amongst our seafaring population. Mop, mat- tock, basket, tackle, clojit, solder, size, and many other similar words, which, as Mr. Garnett showed, are derived from the Wealh — to which may be added paw and buttery — sufficiently point to the Latic and servile classes amongst the population. It was the daughters of the Wealh who first taught the children of the " Engle" to call their father, daddy, and to leave out their h\. R 242 APPENDIX C. —the old Picard Blanque taqnc into the modern French Blanche tachc — are clearly traceable in the mutation of the old Teutonic sc into the modern German scJi. Amongst the Icelanders, fugitives from Norway in the ninth century, colonists upon an inhospitable shore, where little if any previous population appears to have existed, it would be natural to expect the nearest approach to the ancient lan- guage of the North ; and accordingly it will be found that the language now spoken in that frozen region varies very little from that which was carried thither a thousand years ago ; and the modern Icelander, who finds a difficulty in such words as cJuircJi — so different is his pronunciation from that of southern Germany — can read with facility the oldest Danish manuscripts, a significant proof of the little change in a language where there is no intermixture in the population. Neither is there any trace of a com- pact and settled population existing in Scandinavna before the arrival of the Northmen, and though the language of the Swedes and Danes varies from the speech once in use amongst their forefathers — for in the amalgamation of the two races with the Goths the dialects of the latter, as well as those of the neighbouring Germans, must have exercised their natural influence — the old hard pronun- ciation is still in full force beyond the Eider. Southward of that boundary, as the northern coasts are left behind and the mountains of central Europe are approached, the modern pronunciation differs more and more widely from the ancient usage. " The hissing sounds begin on the frontiers of France and Ital}', diminish in the middle of Germany, and nearly disappear in north and low Ger- many."* Beyond the limits of the Roman Empire the * Bosworth, Prcf. to A. S. Diet, replaced by the Platf-Detctsch deriva- The theory that divides the German tives of the Francic or Franco-Bata- dialects of eighteen centuries ago into vian . ... It was Charlemagne who High, Loii), and Middle is scarcely extended the Frank German at the correct. Different dialects probably expense of the Saxons, otherwise the existed, but they hardly conformed to present dialects of Westphalia and the present divisions of the language. Hanover would be English, or at least I must venture to differ from Dr. Anglian and Angliform." {Germ. Latham when he says that, "The Saxon Pref., p. v. \-i.) His sole authority for language is extinct in Germany, being this "system" of Charlemagne is LJETS. ancestry of the Hollander, the Prison, and the Old Saxon, dwelt originally amongst a Lastic population, probably far less numerous, less compact, and differing in many respects less from the dominant race than in southern Germany and beyond the Rhine ; and, as might be ex- pected, the low German approaches the nearest to the old Teutonic form. But both Frank and Burgundian, Swabian and Bavarian, established their dominion over former provinces of the Roman Empire, amidst a compact and Eginhard (p. xliv.), who mentions in his Life of Charlemagne (sec. 7) that at the close of thirty-three years of war, i.e., in 804, the emperor trans- planted 10,000 men, with their wives and children, from either bank of the Elbe, scattering them over Gaul and Germany, adding under the same date in his Annals, that they were taken from Wihmiwdi (the Chron. Moissac 804 adding Hostingabi and Rosagavi — the people of the IViimme, the Oste, and from near Hersefdd, all in the Duchy of Bremen, according to the notes of Pertz), and from the opposite banks of the Elbe. The latter district was made over — not to Franks but — ■ to Obotriles. The act of Charlemagne will account for Sachsenhansen op- posite Frankfort, and for similar Saxon colonies introduced into other parts of Germany, but there is not one word in the narrative of Francic or Franco-Batavian colonists introduced into Saxony. The same Eginhard in his Vit. Carl., sec. 17, notices the vast extent of Saxonia, " Germanise pars non modica est, et ejus quae a Francis incolitur duplum in lato habere putatur, cum in longitudine possit esse consimilis." Within a few years of Eginhard's death, Nithard, in describing the revolt of the Stdlingas in 842, uses the words " infinita multitudo" in con- nection with the Saxon Frilings and Lasts, to whose Sclavonic, not Francic, affinities he also alludes {vide note, p. 235). Within another generation ortvvo the Saxons rose to be the leading people of Germany, long maintaining their pre-eminence in a manner to totally preclude the idea of Francic coloniza- tion going on amongst them. That the language spoken over so wide an area should have been altered by the removal of a few thousand families from the neighbourhood of Bremen I cannot believe. The separate regula- tions for the Saxons in the Imperial Constitutions, the Sachsenspicgel, differ- ing from the ordinary Frank codes, and the remarks of many a chronicler, point to the existence of a vast popu- lation of the Old Saxon race long after the measures of Charlemagne are sup- posed to have exterminated them. The modern Platt-Dentsch spoken in this quarter is surely no imported dialect, but I'epresents the language of the Old Saxons influenced and altered by internal causes alone. Professor Leo has noticed (in his " Local Nomen- clature of the Anglo-Saxons," pt. 3) the similarity of Anglo-Saxon and Alamannic topography. The language of the Anglian Suevi, transported into Britain, has been subjected to influ- ences differing from those which have affected the language of the ancestry of the modern Swabians. Hence the descendants of the former speak Eng- lish, whilst the latter speak High-Ger- man; but surely this difference did not exist between the original dialects of the Angles and the .Semnones in the days of Tacitus ? 244 APPENDIX C. settled population which had long owned the supremacy and obeyed the laws of the conquerors of the olden world ; and whilst the Teutonic dialects of the two former people have gradually melted into the language of modern France, it is to the amalgamation of Rhaetian and Hel- vetian, and of Norican and Vindelician, with their Swabian and Bavarian masters, that the Avide variation from the old pronunciation must be traced, which has converted such words as svert into schwert ; ist, vist, and Kanst, into iscJit, vischt, and Kanscht ; and through which the old northern Ic — Ich in modern German, and softened into / amongst ourselves — has become IscJi amongst the moun- tains of Switzerland and Tyrol. How far have the dialects of the Celtic races been an influencing cause of the changes which have thus arisen ? The prevalence of "the hissing sounds" is very evident in such Gaelic words as Sionnan and SitJi, of which the pronunciation, resembling that of our English termination tion, is SJiajinon and SJiec ; whilst in the general absence of the initial h the modern Celtic dialects adhere closely to the southern usage. In another particular also, in the position of the descriptive epithet or adjective, exemplified in such words as /)^//|'-shannon, Z^/z/z-shaughlin, 7";rgony, Z/^«-gollen, the Celtic is identified with the southern practice ; in other words, with the languages in which Strada Reale, Civita Vecchia, and Rtic Vivienne are found instead of A\d-boj'ough, Carl-s/adt, Hoog-straat But did the Celtic dialects in their earliest forms exhibit these peculiar characteristics? A glance at the topo- graphy of ancient Gaul and Britain would appear to suggest the contrary, for in Segodn'ga, Angnstodiunim, and l>lov\oinagiis the distinguishing epithet is pj'efixed to the Brugh, the Dim, and the Magh, following the northern or Teutonic usage ; whilst in Iberian names, in which lan- guage the I Hi is supposed to have meant "a town" — akin probably, to the Latin Villa, the Gaelic BailU — Illiherns, Illurgi, and ///erda, are instances of the contrary practice. In such old words, again, as Cruithin-7"//rt'///, Gu-lad, Kx-magh, the Celtic follows the northern, instead of LyETS. 245 the modern southern usage, exemplified in Tuath-Mwm- hain, Z^///-Cuin, and Magh-lnms. So in the Thionville and LouisevV/t' of the French, the old Fraiicic element appears contending, as it were, against the influence of the provincial population. From the title of the chief magistrate amongst the Aedui, Vcrgobretiis — a word less altered in the Gaelic Fear-go-brcith than in the Cymric Gzvr-y-cyfrcith — it is evident that the language of the Celtcz, or older Gauls, had felt this foreign influence as early as the time of Caesar, and probably long before* The absence of the initial aspirate again was not a peculiar feature of ancient Gaelic. According to Mr. O'Donovan, one of the very best of modern authorities on such points, "in the oldest monumental inscription in Ireland no trace of aspiration is observable . . . but Ji is used as a separate consonant ;" and there are examples of its similar use upon the earliest tombstones at Clonmacnois.f In the older Gaelic dialects, then, as in ancient Greek and Latin, there are traces of the existence and use of that " Shibboleth of the north" which has disappeared in modern times alike from Greek, Gaelic, and Italian. There are very few means of ascertaining with any degree of accuracy the original pronunciation of the Celtic races ; for there is no existing colony of an unmixed Celtic race, like the Icelanders, retaining the language and pronunciation of the olden time. The peculiar spelling in use amongst the Gael certainly demonstrates a great change in this particular point, and the softening influence, so characteristic of the south, is clearly evident in such modern names as Tiernay and Crcniorne, pronounced, apparently in the days of Adamnan, as Tigcrnac and Cric-nmgdornX Amongst the British Celts there was seemingly a difference in pronunciation on one point, resembling very much that existing between the modern French and Italian pronunciation of gii or qti, exemplified in guerre and guerra, in qiiinze and quinto. Thus go and * Cas. de B. G., 1. i, c. 16. + Compare ^^/rtw. Vit. Col. (Reeves), + O' Do nova It' s Irish Graininai: 1. i, c. 43. 246 APPENDIX C. gov are synonymous with givo and gzuor, the same words evidently, only pronounced differently ; and the eastern Ccint or Kc?it — the same word perhaps as Ghent — re- appears in the softer form of Gwcnt in Western Britain.'" So also the older forms of Daninon and Demet have softened into Devon and Dyved ; and the name oi Lleivarch approaches its older form, Latinized LoniarcJms, in the Lancashire name of Lomax, in which the x, as in Switzer- land and Savoy, represents the old cJi.-\ In other words, the Cymric pronunciation appears to have been influenced in Welsh by the intermixture of the purer Celts of the eastern coasts and the Lothians with the Silures — the dark-haired races to the westward of the Severn — races probably scattered very widely over the whole western coasts of ancient Britain. It would appear, then, as if the modern dialects which are called Celtic had been influenced, by the causes to which I have alluded, to a far greater extent than any existing Teutonic language ; so much so as to suggest the inquiry, What are the modern Celtic dialects, and to what class do they belong ? Assuming the English as an example of a Teutonic or Northern language influenced by the admixture of other elements, and the French as an instance of a Provincial or Southern language influenced by the presence of a Teutonic element, to which type are the modern Celtic dialects to be referred ? Are they, like the English, the speech of the invaders, or, like the French, the speech of the invaded, influenced respectively, and altered, by the intermixture of alien elements and other causes ? Do they represent a language originally northern, influenced and altered by contact with southern dialects, * Tn the Welsh Dictionaries G-wcnt "Zrt«^//t'(/'<'«/7," and retains the harder, is "a fair, open region," derived from shai-per pronunciation which charac- Gwen, "white, fair, beautiful;" Caint, terized the northern provincial dialect "a plain, open country," derived from — the guaint rather than the g'wcnt, Cain, "bright, fair, beautiful;" evi- which would probably have lingered dently, I think, words 07- igiii ally horn in the " Z^;/^''?/^ ^Vr" and the southern the same source, pronounced differently, provincial dialects, just as our baker and baxstcr, bn-a- and brnvster, weavej- and Webster. t In names like Bex, the x is jiro- Modern French is based upon the nounced like the Gaelic ch. Belt. LALTS. 247 or a language originally southern, with a strong infusion of some northern element ? If the latter supposition were correct, if the speech of the older population of the south and west of Europe formed the basis of the modern Celtic dialects, the question arises who were the Celts ? or rather, who were the people who introduced the foreign and northern element, whether confining the ancestry of the Druids to their sacred offices, or establishing themselves originally as a sacred and warlike caste amongst a people who subsequently asserted, as a military class, their right to a division of the supreme authority ? If this were the case, it is possible that there were no Celts as a northern race, the northern element unquestionably existing amongst that people having been originally Teutonic, losing its language like the Franks, the Normans, and the Norse element in Russia, and becoming gradually identified with the Laetic and tributary elements in the united population. There were certain points of resemblance, indeed, between the two races, which may at first sight lend an appearance of plausibility to such a theory, besides that similarity in personal appearance and in general habits of life which seems to have misled Strabo in his derivation of the name of Gennan. The name of Dniides, applied to the sacred caste amongst the Gauls, resembles most remarkably the old word for Lords — Driihten, Drihten, Drottnr — amongst the Germans and Scandinavians ; and it is a' tempting theory to imagine the descendants of a race of conquering Driihten, of Teutonic origin, confined to their religious avocations — much as the sacerdotal noblesse amongst the Egyptians, and as the Brahmins may once have been at some remote period by the Kshatrya, Shah, or Rajah, caste — by the Gidadach TaXalai, or Rulers, an Equestrian order of Gallic descent.'" * As the title of yEthding — or ruling family alone, so 6'«/fZ(/4'' (derived C^rt/ZtT— which originally belonged to from Giilad "a country"), which in every free member of the race, was later times was restricted to the sole gradually confined to the noble pro- ruler of the Gnlad, may in earlier prietaiy, and latterly, amongst the times have had a more extended mean- Anglo-Saxons, to the members of the ing, and belonged to a ruling class of 248 APPENDIX C. Their religious systems also exhibited certain features in common — the leading features may have been identical without necessarily implying exact conformity in every minute particular — for in his description of the religion of those German tribes with whom he appears to have been best acquainted, Tacitus might almost be supposed to be repeating the words applied by Caesar to the Gallic faith. A god whom the Romans identified with Mercury was the leading divinity in both systems ; a god of craft and subtlety rather than of valour ; a god of merchants rather than of warriors ; whilst TJmnder held a conspicuous place in both creeds, whether as TJior or Taran, as god of the air, and the equivalent of Jupiter. Even assuming, how- ever, the complete identity of the religious systems of both races, the Gauls scarcely derived their faith from the Germans, as must have been the case if the sacred caste of Druids had been originally Teutonic DruJitcn. The traditions of the former people pointed rather to Britain as the source from whence they originally derived their religious inspiration ; and it was to that island, renowned for the prevalence of magic lore, and not to the eastern banks of the Rhine, that the Gallic youth were sent to study the mysteries of their faith. Nor would it appear as if OdcnisDi had been the original faith at any rate of the whole Teutonic race. The account left by Caesar of the elementary worship of the Germanic inhabitants of the east bank of the Rhine, in his days, bears not a trace of Mercury worship. Woden was known amongst the Prisons as WalcJicr, or the foreign god ; and Thor was the leading divinity of the Northmen, always retaining the place of honour in the famous temple at Upsala in Sweden. " By Niordr, Frey, and the Almighty God," was the most solemn adjuration of the Northman, meaning Thor, not Odin, as the greatest of the divine Triad. Strictly speaking, none of the ruling families of Scandi- Guladac/i or ALthdings, resembling the authorities. As the Welsh G, or Gw, "royal tribes," or /SoatXets, so con- is generally changed into /•" in Gaelic, tinually met with in the accounts of the Welsh Gw/ad/g is perhaps the Irish Herodotus, Strabo, and other early Plaith. L^TS. 249 navia seem to have originally deduced their descent in a direct line from Odin. From Heimdalr came Dan, the ancestor of the Skioldiingr ; and the Iiiglingr, who once ruled the Sviar, and afterwards the Norsemen, traced their pedigree to Niovdr, apparently the great god, or goddess, worshipped by the Suevi in the days of Tacitus, under the name of NcrtJia. Mercurj' worship, which was by no means confined to either Gaul or German, for " the kings," or ruling class amongst the Thracians, in the days of Herodotus, were all "children of Mercury," Avas probably engrafted upon an earlier and simpler faith in both cases.* * Ctss. de B. G., 1. 6, c. 12, 16, 20. Germanic races, so Niord was the Tac. Gertn. c. 9, 40. Ackermaiiii''s Rcmams of Pagan Saxondom Piff., p. xxi, note 26. Ad. Brem., c. 233 (quoted in Kemble's Saxons in Eng- land, vol. I, p. 337). As Mr. Kemble has remarked, the MSS. of Tacitus read either Nerfha or Heriha; and as amongst the Gael Tiiath still means "the north," "a country," or "a people," so there was a time, probably, when these words were synonymous. A change in, or a doubt about, the sex of a divinity was not uncommon in the heathen mythologies ; the goddess Mithra, for instance, whose worship was gaining ground amongst the Per- sians in the days of Herodotus, appear- ing at a later period as the god Mithras. That N'iord was once Nertha and identical with Heii/ia may, I think, be inferred from the application to him — or her — of the classical legend of Demeter, and her children Liber and Libera, reproduced in the north as Frey and Freya, children oi Niord; the statue of Frey at Upsala and his attributes much resembling Liber Bacchus. The existence of this legend in the north is, I think, only another proof of the ex- traneous origin of much in the northern mythology, and of the truth of Ctesar's notice about the religious faith of the Germans of his age. As Ttiisco — a near connection, I suspect, of Tjiat/i and Titd — was the ancestor of the forefather of the Sviar. Nertha was also the supreme goddess of the Suevi. The Franks never regarded the Suevi as a strictly kindred or Theotisc race, calling them Alamanner, or Aliens, and their frontier district was known as El-satz — Alsace, or the country of the Al-scvttas. Nor do the Suevi appear to have originally acknowledged them- selves to be Theotisc any more than the Northmen, who applied the name of Tydske to the Germans — originally to the Franks especially, and the Ger- mans of the empire — for the Hun- garians know the Germans, not as Dciitsch but, as Schwabe, a name, in- deed, which amongst that people is equivalent to the German Walsch, and applied to almost any foreigner. Sehicabe, then, must have been the name with which the Magyars were most familiar in the olden time. The south-western Suevi again never ap- pear to have known themselves as Deutsch but as Schiveitzers. Sveit in Icelandic means either "a tribe" or "a country" {LLaldeison), much like the Gaelic Tuath ; Sveitr-tnadr, a man of the same tribe or " a fellow-country- man." The South German form of Sveitr-madr would be Schweitzer-man, or Swiss, and I believe that the Siii in Sui-ones and the Sue in Sue-vi — words in which the terminations only differ — are both traceable to the same root as 2 50 APPENDIX C. I am not inclined, however, to agree with that view of the subject which would attribute a southern origin and southern characteristics to the original Celts, and would account for all those points of resemblance in which they approach the Teutons by inferring the actual presence of the latter people. The original and unmixed Celt would appear rather to have been a member of a northern people, akin to, but not identical with, the great Teutonic and Sclavonian races, and in process of time far more intermingled with both Teuton and Sclav^onian than is sometimes supposed. A race whose language, customs, and general characteristics were gradually influenced to a very great extent by their earlier contact, and conse- quently their greater intermixture, with the people of various origin who, at some still more remote period, spread over the whole or greater part of the European continent Above all, this would appear to have been the case amongst the western populations who are sup- posed to be their representatives in modern times, and the real Celtic ancestry of the modern Gael and Cymri, before their intermixture with the "Sassenach" or the "Gall," bore probably about the same resemblance to their ori- ginal northern ancestry, as the present population of France to the northward of the Loire does to the original Frank of the era of Chlovis. Sveit, like Tlieotisc, Cymri, and Gdel, the old legendary tradition of the merely meaning " kindred. " Sweden Hewiskringla — were kno\vTi to the was traditionally regarded as the Romans as the great Suevian confede- "Lesser5'OT-//i/W," the greater land of racy, and at length either settled in the Sviar Ijnng eastwards beyond the Southern Germany as Schwabe (a name Baltic. Where were the people of the including the Bavarians and Austrians grodittr Svithiod ? The northern branch as well as the people of medieval alone crossed the Baltic, gradually be- Swabia) and Schiueitzers ; blended with coming the leading people amongst the the conquered population of Thuringia, Gothic " Wendil," Finnish, and other amongst vi'hom they were established populations of Scandinavia, as Swedes, as Adelings or lords of the land ; or Danes, and Norwegians; whilst the carried their name of "Angle" into majority of the population that had Britain, where, before the Danish once dwelt in the greater Svithiod, settlements, they formed the dominant moving westwards along the continent Teutonic population of the eastern of Europe — the followers of those sons portion of the island, from the Forth of Odin who founded kingdoms in to Watling Street. Sax-land and elsewhere, according to TENURES. 251 Appendix D. TENURES. Fixity of tenure in land appears to have been totally unknown in the state of society amongst the Germans with which Ca;sar and Tacitus were most familiar. Every year their " Magistrates and Princes" — their elective and hereditary leaders — assigned, amongst the " gentes cogna- tionesque," a sufficient quantity of land for their support, which was distributed in equal portions amongst the com- munity, no difference existing between the allotment of the noble and the lesser freeman. A similar annual dis- tribution is described by Tacitus, who wrote about four or five generations afterwards ; for the Arva, or lands set apart for cultivation, were changed every year, the great extent of the Ager, or land capable of cultivation, the whole of which was occupied in rotation, admitting of this continual change "with cultivable land to spare" — in other words, each portion of the Agcr was ready for a corn crop, when "its turn" came for cultivation. Hence the necessity for that wide extent of AlarcJi of which the leading German confederacies were so proud, and which preserved the greatness of the community by providing for its inevitable expansion. Wherever such a provision was wanting, the community either emigrated or declined in power, the Teutonic settlements in England affording an excellent example in point, those on the eastern coasts, hemmed in between the sea and their western kindred, gradually sinking into insignificance, whilst the Northum- brians, the Mercians, or Marknicn, and the West Saxons, with the means of expansion upon their western Marches, 252 APPENDIX D. rose to be the leading confederacies of the Anglo-Saxon race. In two points the Germans, with whom Tacitus was best acquainted, differed from the description which has been handed down by Caesar of the same people ; in the existence of the Coniitcs, and in the recognition of the right of higher rank to greater property ; for after a suffi- ciency of land had been distributed amongst the cultiva- ting class, the allotments were portioned out according to rank. About the composition of this cultivating class there can be little doubt. It must have consisted princi- pally of a body of servile agriculturists, or LcBts, together with the old, the infirm, and the women, amongst such families probably as had no La^ts ; and as the bravest and most warlike of the Germans scorned such " servile labour," it is highly probable that the majority, sooner than become actual cultivators, broke off all family ties and dedicated their services as Covntes, or military fol- lowers, to the noble, whose Laets henceforth were bound to support them. A Lactic class of cultivators then, and a wider allotment of land, were evidently necessary for the maintenance of the noble and his Comites, and a different principle from the strict equality of the community must have gradually arisen out of the mutual connection of these classes. The right of property in the land centred in the noble — the piinceps, cyning, or head of the lineage — burdened, however, with the necessity of supporting his Comites ; and long after the old hereditary right of every free member of the community to an equal allotment of land for his support, had passed into the fixed, hereditary, and divisible A Hod, and dwindled into the " AUeu-Roturier," the freeholders themselves, who had neither risen into Comites nor sunk into serfs, remaining almost in the position of LcEts, "noble tenure" still exhibited certain features of this shifting state of society, and the hereditary right of the A ntnistion or Gcsithciindinan — the representa- tive of the earlier Comes — consisted in his right to an uncertain and renewable benefice, or life-grant — to the support of his patron — rather than in a hereditary and inalienable claim upon any particular spot of land. A dif- TENURES. 253 ference must have naturally arisen in the conquests carried out within the settled provinces of the Roman Empire under these two opposite systems ; in the case of the com- munity the conquered lands remaining in the possession of the whole people, to be allotted according to their individual wants, whilst, wherever the invaders consisted of a Cynitig and his Comitcs, the land became the property of the Cyning, burdened with the necessity of supporting his followers.""' At the opening of the present century, a district in Friesland known as the TJiecl-laiid — a name probably meaning, like that of DceI in the Jutland code, allotted land — was still composed of TJiccls and common land. Every TJiccl was of equal size, belonging to a separate owner, who was known as a TJiccl-nian or T/iccl-boor, and who was incapable of holding more than one Thccl, or of selling or alienating his property. The common land belonged to the community at large. On the death of the Theel-boor, where the family consisted of more than one son, the youngest succeeded ; failing male heirs, the youngest daughter ; failing heirs, the Theel reverted to the community ; and as the elder sons grew up they were provided with Theels out of the common land. Brocmer- land and certain other departments were divided into quarters or Farding-dcla, the union of the four Farding- dela constituting a Liodthing. The free proprietors of every V^ill chose a Rcdieva or Grictman, known of old as an Asega, these representatives of the Vills choosing a president for the Farding-dcla, one supreme Asega or Judex assuming the lead in the Liodthing, which was held at a place of meeting known as Upstalbooni, and in which, in the olden day, the Hovedlinge, or nobility, were upon a footing of perfect equality with the Meen-mente — the Genieinred, Yeomanry, or lesser freemen. Wherever, however, these Hovedlinge were to be found, they had become the hereditary instead of the elective judges of their respective districts, which were occupied by a rent- paying tenantry in the place of freeholders.i" * CcEs. de B. G., 1. 6, c. 21, 22. + An able and interesting descrip- Tac. Germ. 15, 20, 25, 31. tionoftheFrison customs, from the pen 2 54 APPENDIX D. The custom of the Thecl-land approaches very closely to that system of perfect equality described by Caesar, of which it may be regarded as the latest development. The annual distribution of the land, indeed, had long- ceased to be carried out in a state of society that had been fixed and settled for centuries, but the same prin- ciple of equality still existed, each member of the com- munity evidently retaining a right to a certain stated and equal allotment of the land, of which the property was vested inalienably in the people at large — whilst the whole community was still in theory one kindred, governed by laws and customs established by the common will, and administered, as in the days of Tacitus, by the elected delegates of the whole society. Knighthood and military tenure — the condition of the Comes — were still regarded in the feudal era as a derogation from the dignity of the free proprietor, though, wherever a nobility existed, the hereditary had replaced the elective principle, and a rent- paying tenantry, representatives in many respects of the old Laetic class, stood in the place of the freeholders. As in the tenures and customs prevailing at so recent a period in certain parts of Friesland, it appears still pos- sible to trace the latest development of a state of society based upon the principle of the community ; so in the ancient laws of the Burgundians is presented, perhaps, the earliest example of a code adapted to that other phase of society amongst the people of Germanic origin, in which the community had been replaced by the king. Two separate tenures are plainly traceable, the allotment and the royal grant ; the " terra sortis titulo," or " munificentia nostra, acquisita." The latter was possessed absolutely, " ex integro cum mancipiis," and held by Roman law, or by charter, passing to the male heirs only, but apparently very much in the power of the possessor. He who held of Sir Francis Palgrave, is contained in tiie exclusiv^eness of the system would the^^. Rev., vol. 32, 1819. It may he tend to limit the number of claimants doubted how far the Theel-land " cus- on the land, for no alien could acquire tom" could always meet the natural a Tlieel. expansion of the original Cyn, though TENURES. 255 a royal grant was obliged to resign his allotment, and it seems to have very much resembled the Anglo-Saxon Bocland, or the grant of Fiscal land, for which Marculf has provided a formulary, and which with full privileges and "la haute justice" constituted the "Franc-alleu-noble."* The allotment was held "jure hospitalitatis," the holder being quartered upon the Roman, and claiming two-thirds of the land and one-third of the mancipia, or stock ; and it is described on one occasion as "hospitalitas delegata," or an assignment of free quarters rather than an absolute grant of property. It could hardly indeed have consti- tuted an absolute property in the land, like the A Hod in the historical period of the early Frank kingdom, for the sors and the posscssio are clearly distinguished, and it is laid down in one law, that if a Barbarus or Burgundian — for the alien was not thus privileged — held land for fifteen years, sine tertiis, he possessed it absolutely as his own, whilst in all the allotments the tertia were reserved for the Ro7nan, or, in other words, for the Fisk. Whenever a dispute arose about the boundaries of an allotment, the Burgundian was strictly prohibited from interfering ; the contest was to be carried out by Roman law between the Romans, the real proprietors of the lands in dispute, and after it was settled, the Burgundian was to arrange with his ''host." The possessor of a royal grant, however, held by Roman charter, and was entitled to proceed by Roman law, which recognised a proprietorship in the land, Bur- gundian custom vesting this proprietorship in the king, and only recognising in the people a right to " hospitalitas delegata," or an assignment of free quarters.-j* It may * Leg. Btcrgund, tit. i, sec. i, 3, attaching to it as yet. The hospes, 4; tit. 54, 55. Form. Marc, 1. i, who in early days was the host, sup- 17 (Cane). porting an alien master upon his pro- + Leg. BiirgHiid, tit. 54, 55, sec. i, perty, in process of time, as the mas- 2; tit. 79, sec. I ; tit. 84, sec. i, 2. The ter became a proprietor, sunk mto a property acquired by fifteen years' pos- tenant, and Palsgrave in his " Eclair- session «;/£'toY/»— without paying rent— cissement de la Langiie Francaise" differing from the royal grant and the al- (p. 279), written at the opening of the lotment, would seem to have resembled sixteenth century, renders the English the Franc-alleu-roiitrier, though there word Tenatint, by the French Hoste. is no appearance of a roturier character The Hospites therefore evidently be- 2S6 APPENDIX D. be gathered from the wording of the following passage — "At the time when our people received the third of the stock and two-thirds of the land, we ordained that he who had acquired, by the liberality of ourselves or our prede- cessors, the land and stock (a royal grant) should not demand the third of the stock and two-thirds of the land (the allotment) in that locality in which hospitality had been assigned to him (ei hospitalitas fuerat delegata)" — both that the allotment was the right of every Burgundian, whilst the royal grant was conferred only upon the objects of the royal favour ; and that whilst some of the latter had been made by former kings — were grants for a certain number of lives, or in perpetuity — the allotments had been distributed solely by the reigning monarch ; in other words, it would appear as if the allotment was an assign- ment of free quarters made upon the accession of the king, resembling the benefice rather than the allod (though not identical with it), and reverting to the crown on the death of the royal granter, to be renewed by the succeed- ing king, or replaced by an equivalent "delegation."* Such was the practice in Sweden seven centuries after came, in process of time, an irremove- land was originally free from all obliga- able tenantry. The original Latin tions except military service. Its equi- word has a similar double signification valent amongst the Anglo-Saxons in of host and guest, pointing evidently to many respects was Boc-land. 3. The similar changes in the state of society Bcnijice or Lcrtt, originally the grant amongst the Romans. rewarding the services of the "miles * Leg. Burgiind, tit. 54* The emeritus," and representing the allot- various "holdings" may be described in ment of a king to his Comites — his a general way as — I. The Allotment, Antrustions or Gesithcundmen. After sometimes known as the Sors, a grant a time it was releve — taken up — by the of land which every freeman could son of the deceased Antrustion, at first claim, whether in a community or a as a privilege, gradually as a right, kingdom. Originally annual, it was until, as the allotment had grown into always more or less of a shifting nature the allod, so the Benefice grew into, until it grew into, 2. The Allod, or 4. The Feud, or hereditary Benefice fixed private property, either represent- granted by royal charter, and inalien- ing the allotment rendered permanent able as long as the duties and obliga- by length of possession, or a permanent tions entailed upon it were performed, grant at the time of the origuial divi- It differed from the Allen-noble princi- sion of the land. The Allen-noble was pally in being liable to Relief, Aids, the grant of crown-land— salica terra — • Wardship, and other obligations un- held by royal charter. All allodial known to the allodial period. TENURES. 257 the date of these Burgundian laws. The three Folklands of the Upland kingdom, Ten, Eighteen, and Fourteen, first elected the king, the Upland LagJunadr first proclaiming him, and the " Lawmen" of the six other kingdoms of the Swedish " Heptarchy" repeating the same ceremony in succession. A royal circuit followed through all the provinces with gritJi and gislas — peace and hostages — after which the king was entitled to the Upsal odJia, or crown lands, with other royal privileges, and to give Icens to his Thanes. The Icen, in principle, fell into the crown on the death of the king, to be renewed under ordinary circumstances by his successor ; and the Burgundian allotment appears to have been of a very similar nature. Every child had a claim upon it — the grand-children, also, where the son predeceased the father — in other words, every member of the family had the same claim upon the support of their natural " senior" as the head of the family had upon the theoretical senior of the whole race — the king ; and originally it seems to have been inalienable, though by a later enactment, where the holder had either sors or possessio elsewhere, after distributing their proper shares to his children, he might dispose of the rest as he chose. Nowhere is it more clearly shown that the right of property in the whole Burgundian territory was vested permanently by " Burgundian custom" in the royal race — the royal grant in perpetuity, held by Roman law, being evidently a Roman innovation — than in the enactment of Gundobald limiting the allotment to half the land without the stock ; but the right of the Burgundian freeman to his "living" was as indisputable as that of the king to the "fee-simple" of the kingdom, and the individual member of the "community" w^as not more secure of his portion of the common land, than was every free member of the Burgundian, or Gothic " kingdom," of his allotment out of the royal property.* * Leg. Upl., I, 2, 3. Leg. Bia-gund, could not alienate an acre and convert tit. 24, sec. 5; tit. 51, sec. I. Addit., it into private property, passing in per- 2, sec. II. The king's property in the petuity, without tlie consent of all who land was strictly " beneficiary," and he had an interest in the distribution of VOL. II. S 258 APPENDIX D. The true Germanic principle then respecting property in land would appear to have vested it either in the com- munity or in the head of the lineage, every free member of the society having a hereditary and inalienable right to be supported out of the common or ro}'al property. The grant in perpetuity was thoroughly Roman, founded upon Roman principle, and guaranteed by Roman charter ; but wherever the community merged in a kingdom the whole of the unallotted land must have lapsed to the crown, becoming Fiscal rather than Folk\2iXidi ; and as from that time it was distributed only amongst the Antrtistions and Gcsithciindmen — the royal Comitcs — the latest allotment to the Lcudcs necessarily became final, and thus the Allcu-Rotiiricr acquired the character of a fixed property. And though the Germanic principle was totally opposed to taxing the freemen, with the aggrandize- ment of the royal power the royal prerogative increased, and ere long taxation was extended from the Lest to the Lend. In the Burgundian and Visgothic kingdoms, however, in which, from the date of the original conquest, the land had always been the property of the king, the original allotment to the Leudes resembled a grant of free-quarters, or a benefice, the Roman remaining in the position of a Lactic proprietor, burdened with the support the land — originally the whole free portion of goods that falleth to me. population, and at a later date, the And he divided unto them his living." whole gesithciind, or noble class, repre- St. Luke, c. 15, v. 12. Amongst the sented amongst the Anglo-Saxons by same people, according to the Mosaic the Optimates or Witan. Originally, institutions, private property in land when the German first received his could have only lasted for fifty years ; arnns, and was no longer reckoned as for the yiihilee, when "ye shall return "domus pars, sedreipublicje," the duty every man unto his possession, and of providing for him would naturally .... unto his family" — Levit. c. 25, fall upon the " res-publica," as in the v. 10 — could only have been carried case of the elder sons of the Theel- out by redistributing the land every boor; but after the allotment became fifty years amongst the representatives more or less permanent, this duty of the original possessors. As the must have devolved upon the father, first allotment was "by families" — With this claim upon the father to nusgs or clans — this law would render provide for his sons as they grew up, it optional to every Hebrew at the the Israelites were evidently familiar, time of the Jubilee to return to his from the words in the parable of the native district and demand his sha7-e prodigal son, "Father, give me the ixomX^Ss. mirg. TENURES. 259 of the royal Leudes, and with the additional necessity of paying taxes to the king, whilst the free Burgundian was at first unable to acquire property in perpetuity except by royal grant. Had either of these kingdoms remained long enough in its original state for the complete amalga- mation of the two races, wherever an allotment of this description became the hereditary possession of one pro- prietor, unlike the originally untaxed allod, or the benefice held by military service, it would have been liable to a tax — held by payment of the dues incidental to the "Roman third" — and would have thus assumed the cha- racter of the tenure known in the feudal era as Fcc-fann* The Celtic tenure of land appears to have been in strict accordance with the principle of " the kingdom," bearing a close resemblance to the older Burgundian "custom" before the introduction of the Roman principle of the royal grant by charter. The property of the land was vested in the head of the lineage, burdened, as usual, with the support of his kindred and AniasacJi, the entire dependance of the latter upon "the noble" being traceable even in the description of the Gauls left by Caesar. f The whole theory of the Welsh landed system is based upon this principle, the twelve Macnazvls into which every commot was divided being portioned out between two royal officials, six Brcyrs or nobles, and four families of Alltudion, or Fiscalini, a distribution which implies that the "fee-simple" of the land was centred in the Brenhin, or king. The Gzvrdha, or man of property amongst the Welsh, was apparently on a similar footing with the head * That this was actually the case fuerint revocatre, nullo modo repetan- amongst the Visigoths seems probable tur," 1. 10, tit. 2, 1. i, it is evident from an addition in Spanish to a law that amongst the Visigoths originally of Chindaswind, A.D. 642-53, which "no estate passed" in perpetuity, enacted that " donationes regioe potes- either by a royal grant or an allotment, tatis," or " regalismunificentiie," should Absolute private property in land must be permanent and hereditary, "eque have been unknown amongst that people pague los tribudos que deven ser fechos long after it was familiar to the Bur- de la eredat." Leg. Vis., 1. 5, tit. 2, gimdians and Franks. I 2 {Cane.) From this law, and from f ^^-f- ^'^ -^- 07-h, or security, that he should receive it when of age, and consequently allodial property existed in Kent, all the Gavellers holding in allod {Hlot et Ead. 6). The privileges of vicmity were acquired by undisputed residence for a year and a day — a rule apparently universal amongst Celts as well as Teutons — and in Alfred and Ini's time the consent of the king's Ealdorman was required before his Shire could be left (Ini 39, Alf. 37). The Ceorl was fast becoming adscriptus glebcc, and he was known soon afterwards in the north as Fcer-bena, apparently meaning the man who could not fare, or "go where he willed" — the great mark of the Free- man^ without permission {A\P.L. 50, 53). Far-ban in Icelandic is explained by Halderson as " prohibitio abeundi." * Domesday, vol. I, p. I. There seem to have been Allodiarii, or Gavel- lers, in other parts of Kent — totius comitatus — but as a class they only remained in East Kent. In West Kent the Surrey notices a number of great proprietors "with sac and soc;" in East Kent none. There was pro- bably much the same difference between the Borh-wffra, the Lymne-wara, and the Wy-warrt, the allodial "Men of Kent," and the Seattas of the west, as between the Prankish Rip-wa;'/ and the El-Sizttas of Alsace. IVara, in fact, seems to have been only applied to Iiizeiiiii. TENURES. 265 it appears as the leading kingdom amongst the Saxon and Jutish confederacies to the southward of the Humber. London was in the territory of the Middle Saxons, but at some remote period the East Saxons obtained a predomi- nance over Middlesex, and its Siith-riki — the modern Surrey — which afterwards passed to the Eastern Jutes ; for the first Bishop of London, who was regarded as the spiritual head of the East Saxons, was appointed by Ethelbert of Kent* From the Jutes the pre-eminence was transferred to the Angles, and when Wini bought the bishopric of the East Saxons he purchased it of a Mercian king ; and in the course of the following century Offa granted land in Kent " dc propria jure" and denied the right of the Jutish king to grant Bocland — the kingdom after his death becoming a mere appanage of the royal race of Mercia, until West Saxon finally supplanted Mer- cian yEthcliiigs as kings of the district.*]* In alluding to the conquests of the Northumbrian Ethelfrith, Beda describes him as either driving out the IVealk from the land, or reducing them to the condition of tributaries, a passage rendered by the translator " to gafolgyldan gesetta othtlie of heora lande adraf,"| and as the tenure peculiar to Kent long continued to be gavel-kind, the conquest must have been of the milder description — unlike that of Ceadwalla over the South Saxons and the Isle of Wight — and when the Kentish king lost his right to grant bocland, the Kentish ceorl must have shared in the downfall, becoming a Gafol-gylda, Gaveller, or taxed allodial proprietor. From the existence at the period of the Norman conquest of a taxed allodial and roturier class, and from the division of the Kentishmen in the days of Ethelbert into Eorlcund and Ceorlcund, with the absence of the Gesithcundman from their early laws, it may be gathered that at some early period the * Beda, Hist. Ecc, 1. 2, c. 3. passage seems to show the meaning of + Beda, Hist. Eec., 1. 3, c. 7- Cod. the Seatta — the man to whom the land Dip. Sax. ALv., No. civ., cxcv. "Quasi was geset or let; a freeman, but not a non liceat Ecberto agros heredetario freeholder, or free proprietor. Seatta jure conscribere" are the words. also means, in a general sense, an in- + Beda, Hist. Ecc. , 1. 1 , c. 34. This habitant or settler. 266 APPENDIX D. Kentish Jutes were governed upon the principle of the community.* It was customary amongst the Prison Theel-boors for the youngest son to succeed to the paternal home, the elder brothers receiving Theels out of the Common land, and the succession of the youngest heir was not peculiar to the Theel-land but in general use throughout the rest of Friesland. From the time when the Gesithcundman replaces the Eorlcundman amongst the Jutes in the laws of Wihtred, it may be safely assumed that no more allot- ments were made to the Ceorls from the Folk-land ; and accordingly in the Kentish custom may be recognised the application of the Prison principle to a fixed inheritance. Lands and tenements held by the custom of Gavel-kind were equally divided amongst the heirs, but the JicartJi, with forty feet around, and the roof, belonged to the * The "Customs of Kent," a de- scription of Gavelkind, dated 21 Edw. /., will be found in Lanibarde's Per- ambulation of Kent, ed. 1596. The Gaveller in King Edward's time was not liable to "knight service," or the "wager of battle," but to "rent, coyne, and victual," and "plough- service" For felony he lost his life and his goods escheated to the king, but his land reverted to his heirs ; hence the old saying, " the father to the bough, the son to the plough." Absence from his land, however, for a year entailed outlawry and forfeiture, though he could re-instate himself by paying nine times the amount of his defalcation (the novigeldum so often met with, in the old laws), and five pounds for his Wer. This exactly tallies with the entry in Domesday, "si abierit domum non apprehensus sive divadiatus — without a wed or pledge — minister regis eum sequetur et c. solidos — five pounds, his Wer — emendabit." Practically, therefore, he was up to a certain point adscriptus glebtF, but he differed from the N^ativns or inborn Villein, in being the proprie- tor of his land — alodiarius — which he could sell without license from his lord, always "saving the rents and services" — the buyer must be capable of "ploughing and paying." Of the various derivations which have been hazarded for the word Gavel-kind two only are worth noticing, one deducing it from the Anglo-Saxon ga/ol, tax or tribute, the other from the Welsh Gavael or holding. Both are probably right, for the word that appears as Ga/ol in Anglo-Saxon, and Gabelle or Gavellnm in French and Franco-Latin, is untraceable, as far as I am aware, in other Teutonic languages, and pro- bably passed in each case from the language of the conquered into that of their conquerors, meaning originally "the land-tax, or tribute, levied from every tributary holding." There was a time when the Hyde and its equiva- lents, whether Lcen or allod, was the untaxed holding of a free Teuton, the Gavael marking the tributary Roman or Wealh. Hydage was an imposition of later years, pointing to a change in the condition of the once untaxed classes. TENURES. 267 youngest son, who was thus placed in the same position as the " Senior" amongst the Irish Gael ; the " holder of the land" amongst the Angles and Werns ; the heir chosen by his brethren or co-heirs to hold the benefice by old Im- perial law ; the eldest born amongst the Normans holding par parage ; and the youngest son amongst the Welsh by the Cymric custom, supposed to have been confirmed by Howel Dha.* The custom assigning either the absolute succession, or the precedence amongst the heirs, to the youngest, was by no means confined to the Prisons, the Kentishmen, and the Welsh, for under the name of Mainete- — the succession of the Maisiie or minor-natu — it was widely prevalent throughout Picardy and Artois ; and in many parts of * Lambarde. Battle of Magh Lena (Celtic Soc), App. 2. Leg. Aiigl. ct Wer, tit. 6, sec. 5. Lib. de Ben., sec. 76. Leg. Wall., 1. 4, c. 147 {Woottoti). "To him who inherits the land be- longs the Byrnie (vestis belHca) and the duty of avenging his kinsman and paying the iver-gild.'''' Such was the law of the continental Angles, and — with due allowance for the changed state of society in 1584 — it will be found much the same in principle as that which regulated the prerogatives and obligations of the Irish Siimsear — Senior ox Ealdor {Battle, etc., p. 186) — who provided for his kindred, for whom he was responsible, and retained the rest of the property with all the duties and privileges of his "seniority." This, in other words, is the principle of "the kingdom" on the smallest scale, and a very similar system was intro- duced, apparently, by the Anglian ALihelings into their island home, and probably by the majority of the real Saxons also. The property of the Irish Senior in the land seems to have been known as possession by sinn-searacht, or seniority, a sort of beneficiary pos- session subject to a provision for all the kin {Do., p. 181). If this pro- vision was "a perpetual division," the remainder became the absolute pro- perty of the Senior and his immediate family. When a community passed into a kingdom, some such "division in perpetuity" took place either practi- cally or theoretically, the free pro- prietors retaining their allotments as allods, and the rest of the land re- maining the property of the king and his "family" — his kindred and GesitJi- ciindmen. When the division was not in perpetuity, it was a "co-occupancy" only, and strictly "beneficiaiy," and evidently the gavel-kind division was generally of this description, from the mention of "the hearth and forty feet around ;" in other words, the principal room, known in old .Scottish law as the Flet, a word of common occurrence in the Anglo-Saxon laws. A house occupied in this manner may have been the Bold-getal, "share-house" of Alfred's laws. Though the succession of the eldest was the original rule amongst both Gennans {Tac. Gem., c. 32) 'and Gael, the Senior was long elective, though, probably, the eldest was generally chosen. The old Ger- manic principle regarding property in land may be described, then, as that of co-occupancy rather than of absolute private property. 2 68 APPENDIX D. Germany the property of the peasant formed an indivi- sible majorat entailed upon the youngest son, who was bound, however, to give certain portions to his brothers and sisters* The absolute succession of the youngest was known yi England as Boroiigh-Eiiglish — a name pro- bably derived from its contrast with the Norman custom, or Boroiigh-FrencJi — and is principally traceable upon the eastern coasts, or in the earlier settled districts. Out of 319 manors enumerated by Mr. Corner in which this custom prevailed, Sussex alone furnishes 136 examples, the East and Middle Saxons 53, East Anglia 96, and Wessex only 12, out of which 9 are in Hampshire, the remaining 23, with the exception of a solitary instance in Kent, being scattered about Mercia or along the frontiers of Wales. Wherever this custom is found, it is invariably Rottiricr, its prevalence to any extent as the general usage of a certain district — for from its occasional occur- rence no inference can be drawn — seeming to point to the existence in that quarter at some earlier period of a class of Roturier proprietors, representatives of the Ccorl- cundmcn of a still earlier community.*!" * Continues locales dii Baillage publicse," and, as such, undoubtedly d'' Amiens, quoted in Mr. Corner's entitled to his support from "the "Custom of Borough English," and state;" his Lceit or allotment out of de Tocqueville's "Ancien Regime,''^ etc., the common lands. Hence originated p. 378, n. As the latter does not the connection between land and mili- give his authorities, I cannot say in tary service. This old prhiciple applied what part of Germany these properties to land is plainly traceable in the cus- most abounded. tom of the Theel-land, the elder sons of the Theel-boor, as they grew up, t The succession of the youngest receiving allotments of land as their heir is probably to be traced to the ancestors had once received arms from old custom amongst the Germans to " the state," or community, each thus which Tacitus alludes in Germ. c. 13. becoming "pars reipublicoe," the young- No one was privileged to bear arms est only remaining during the lifetime until "the State" had approved of of his father in a subordinate position the candidate, an indirect proof that as " pars domus. " After the allotment the right of every freeman to bear became fixed and final, the same prin- arms was not acknowledged amongst ciple was carried out within the nar- the Germans except by permission of rower limits of a permanently settled the State, and subsequently of the king inheritance ; and, in a different state of — hence Cyiiing''s-thegn, for soldier — society, the position which had once when the recipient of arms, no longer been that of a subordinate, or "junior," "pars domus" became "pars rei- gradually became invested with the TENURES. 269 No such tenure as either Gavel-kind or Borough- EngHsh appears to be traceable to the northward of the Humber, where in the reign of EHzabeth, when Lambarde wrote, Tenant-right was generally found, whilst Copyhold prevailed throughout the west of England, each marking the development of a somewhat different state of society. The original Copyholder was the representative of the Villein " inborn," and therefore irremovable from the land, whose name with those of his ancestors had appeared so long upon the " Copy of the Court Roll" of the manor to which they were attached — for " suitors" were neces- sary to the very existence of a Manorial Court — that a species of property had arisen out of the connection, and the land to which he had been bound still remained in his possession after " manumission," more or less subject to its former burdens. The holder by Tenant-right, on the other hand, often known as the " Customary Free- holder," was originally a Freeman who " could go where he willed," planted on the land to hold it at his lord's will, whose posterity acquired an "inborn" right, not to the property, but to the tenancy of the land, resembling the feudal principle of l/^iptlivGig, or a hereditary tenancy inalien- able as long as the due service was rendered, applied to Roturier tenure.* This difference in the original condition of the popu- lation connected with the land is completely borne out by the Domesday Survey ; for it will be found that at the date of the Norman conquest, contrary to the usually received idea, a greater amount of freedom was enjoyed in the Danelage than in England proper, or, in other words, Wessex and English Mercia. Throughout the pi-erogatives of precedency. The pre- classes seem to be alluded to in the valence of such a custom amongst a Conqueror's laws, 29, 30, under the numerous class evidently implies the heads of the coloni who were not to be pre-existence of a state of society in 7'exed beyond their droite cense, or re- which the eldest born, as they attained moved from their land " pur tant cum manhood, became "members of the il pussent le dreit servise faire ;" and state," and were provided for accord- the neifs, who were not to leave their ingly — in other words, the pre-exist- lands at all. A description of this ence of " a commimity." " tenant right" will be found in Kerr's * Lambarde, p. 14. These two Blackstone, vol. 2, p. 97, note A. 2/0 APPENDIX D. latter districts, except in the case of the Gavellers of East Kent, military tenure seems to have prevailed with hardly any exception, no class existing between the Thegn, or holder by " knight service," whether King's Thegn, Medial, or Less Thegn, and the population attached to the soil, represented by the Geneat or Villein, the " inborn" tenant "at feorm" originally free but irremovable from the land, and bound to unlimited service to his lord — the Cotsctla or Bordariiis, the free labourer occupying a cottage and plot of ground in place of wages, but paying neither rent nor taxes — and the serf numbered as a chattel amongst the stock.* From the well-known principle of the Anglo- * RccL Sing. Pers. The Gebiir is also mentioned, the tenant of a Vi?-gate, or quarter-holding, whose descendants would gradually become "inborn," and be classed as such amongst the Villeinage; and hence, perhaps, only 872 Gchiirs and Coliherti are mentioned in Domesday. They were probably the Ferdingi—Foii)ihing-me\-\, quarter- holders — excluded with Villani and Cotseti from the office of " regis judices," in other words, from serving on the jury and pronouncing "the verdict of the neighbourhood," a privilege only belonging to the Meliores pagenses (Leg. Hen. I., xxix.) The Cofse//as, as a class, and their equivalents the Bordarii, probably represented enfran- chised serfs ; and if any inference may be drawn from Leg. Hen. /., Ixxxi. 3, where the villein's overseiinness is reckoned at thirty pence, and the cot- setla's at fifteen, they were originally enfranchised Wealh. The type of the Bordarius, or free labourer, still exists in Norway. Not a trace of Socage tenure is to be found in the Reciitndines. By old Frank law the proprietor of less than half a Manstis, or of less than Jive sol. , was not bound to military ser- vice ; and on the same principle none who were beneficed below half a Man- sus, or five sol. in value, could give testimony jitre Beneficial i. {Capit. Carl. Mag. Peitz. Leg., vol. i, p. 149. Lib. de Ben. 37). A similar principle was probably current amongst the Anglo-Saxons, for nothing under "a half-holding" is ever mentioned in their Wergilds, and wherever the cus- tom prevailed, as in Berkshire {Domes- day, vol. I, p. 56, B), for every Five Hydes to furnish a miles, or knight, each Hyde contributing four sol., it is probable that no one was called upon who held less than half a Hyde by knight-service ; for it will be found that even in "base tenure," the Gebur, or tenant of a quarter-holding, was not, like the Geneat, liable to " heafod-ivai-d and /lors-jaard" — to guard the castle and ride with his lord when required. The principle of the half-holding is in a certain sense still in force, though not as a qualification for military ser- vice, but for — a vote; for when Henry IV., in pursuance, apparently, of his grandfather's policy, gave the privilege of choosing " the knights of the shire" to the freeholders of the county, the owTier of "a forty shilling freehold" held the tenth part of a knight's fee, which was valued at ^20, and supposed to contain five Hydes, and thus evi- dently represented the " homo bene- ficiarius" with a half-holding {7 Hen. IV., c. 15). His equivalent amongst the Normans of the Duchy was the TENURES. 271 Saxon law requiring three descents of " thegn right" to render the race Gesithcund, it is probable that the custom holder of the eighth part of a Fief dc Haiiberc, for the Norman fief was divided by eight, perhaps because the Northmen reckoned by the Mark. From "the Customs of Normandy" it may be gathered that in the sixteenth Century the rehef paid for the ducliy was 3333 ectis ; for a marquisate l66| ; for a county 83 \ ; and for a barony 333) thirds, appai-ently, of 1000, 5CX), 250, and 100 ecus respectively. By the old law the relief paid for the land held vnfee-farm, or by ceiis, was a year's rent ; and if it may be conjectured that when the relief from other lands was assessed in money it was levied on a similar principle, it will follow that by " old custom" rent was fixed at a thij-d of the produce or annual value of the land, a rate which would form a very fair average even at the present time. This is probably the meaning of the expression in Magna Charta, " the old Rent" — not a fixed sum, but a fixed principle, the thirds. The Scottish Davoch — literally "the pasturage" — containing 416 Scottish acres, was divided into four plough-lands, each sub-divided into eight ox-gangs of thirteen acres. Two ox-gangs, or twenty-six acres, made a Hicsbandland, which was thus the fourth part of a Plough-land, or "a quarter-holding." In the barony of Bolden, the Abbey of Kelso had twenty -eight Husbandlands, each paying a rent of 6s. 8d., and if the theory of thirds is correct, each of the yearly value of;^i, and the Scottish Hiisbandland was thus identical with the Anglo-Saxon Virgate, or quarter- holding, the Husbandman with the Gebur. Each Husbandland was bound to furnish t-wo oxen to the common plough, so that the ox-gang probably gained its name from providing an ox towards the same purpose; whilst in early times all the stock was supplied alike to Gebur and Husbandman, and known in Scotland as Stnht and Stcclbo. The class next above the Husbandman would be the holders of half a plough- land, the eighth of a Davoch, or, if the Davoch was held by knight-sei^vice, the eighth of a Fief de Hauberc — for the Norman method of reckoning was evidently in force in Scotland — and the Heritors of this amount of land were equivalent to the " forty shilling free- holders," both possessing "half-hold- ings. " The holder of an entire plough- land, "a holding," probably kept a plough of his own, and seems to have been bound to serve as a man-at-arms. The Scottish acre at the present time is equal to 5 statute roods 64 yards, almost exactly equivalent to the old French arpent ; a fact which is not a little remarkable if it is the old measure, for, as it is neither Saxon nor Norman, it must necessarily have been an old Gallic measure. In his ' ' Saxons, etc. , vol. I, Ap. Hyde," Mr. Kemble has clearly shown that the Hyde cannot be taken as an invariable measure of 120 acres, proving also that there was a Hyde of 40 in Devonshire ; but as there were at least tzventy-five variations in the measurement of the acre in differ- ent English counties and eight in Wales, it is very doubtful if the Hyde can be regarded as a measure in the modern sense of the word. It is safest to render it " Holding," and as land was gradually reckoned by its money value rather than by its extent, as the acre increased in value the Holding pro- bably diminished in size. There is the same uncertainty about the Mansiis, often regarded as the equivalent of the Hyde. According to certain Italian authorities it was the amount of land which two oxen could plough in a year — far more probably the amount bound to furnish two oxen to the com- 2/2 APPENDIX D. of this portion of the kingdom resembled the old Imperial law relating to the benefice, limiting the jus bcneficialc to the man of three descents — to him whose father and grandfather had held a benefice by military service. In Danelage, on the contrary, omitting Yorkshire from the calculation, between a third and a fourth of the entire population were classified either as Libcri Homines, or as Socmen, generally enjoying as a class the liberty of going where they willed, and, in the case of the socmen, with a certain amount of proprietary right. In Mercia there were found 132 liberi homines, and in Kent 44 socmen, whilst in Wessex both classes appear to have been abso- lutely unknown, though the servile population in the latter quarter exceeded by nearly 3000 that of Mercia and the whole of Danelage united. The absolute serfs in the three western counties of Devonshire, Somersetshire, and Cornwall, alone more than equalled, and the same class in England proper considerably more than trebled in mon plough ; whilst in France it was often twelve French acres. This ap- pears to have been the Mansus of Charlemagne's law, which was only valued at ten sol. — for the man with five sol. was the equal of the holder of half a Mansus. Three of these mansi, valued at thirty sol. , furnished a man to the army; the holder of twelve, valued at £(i, was bound to wear a byrnie (bruneam). He was the man- at-arms, holding y^;/r times the amount of the simple spearman or archer. Three mansi were also a qualification amongst the Saxons, no one being allowed to pasture his cattle apart and thus diminish the profit of the common herdsman (the Gafol-szvcyn'), unless he held three mansi as Allod or Benefice — sub-titulo proprietatis aut feudalis {Spec. Sax., 1. 2, A. 54, sec. 2). As the Fyrdwite of 1 20 scillings or £,2, the tenth of the English Gesithcundman's Wergild, re-appears in the £2, gene- rally paid as scuiage — permission to " neglect the Fyrd" — under the Plan- tagenets, so the Bannus regiiis of sixty solidi, the tenth of the Antrustion's Leodgild, reappears in a similar man- ner in the old French ecu — the price of a shield — of three livres, or sixty solidi. The "worth" of the English Thegn, ;^20, was also his qualification in land ; and if the same principle applied to the Antrastion, if his quali- fication was £2,0 of land, then three mansi, or thirty sol. , were equivalent to a " quarter holding;" twelve mansi, or ^6, to the "holding," Hyde, or Plough- land ; and five times that amount, sixty mansi, or;i^30, the qualification of the Antrustion, to five Hydes, or "a knight's fee." If this conjecture is correct, it marks the presence of " im- perial" influences in England before the Conquest. (Pertz. Leg., vol. i, p. 133,149. Les Cotttumes du Pays de A'ormatidie, 1 52-6. Ducange {Hein- schel)'m.\oc. Mansus. Inties " Sketches, etc.,'" p. 191-2 and note, and '^ Scot- land in the Aliddle Ages," p. 139, 140). TENURES. 273 number the whole amount of the servile population throughout the entire extent of Danelage. No serfs at all were entered for either Yorkshire or Lincolnshire, the two districts most peculiarly Anglo-Danish, and only 46 were to be found in the united shires of Nottingham and Derby, where Danish customs appear to have been also prevalent, the whole of the servile population being trace- able in East Anglia, \\'here the earlier customs were little altered, and upon the frontiers of English Mercia. In short, wherever the Northman is traceable, there the Socman and the Liber Homo are found and the serf disappears, and Free socage, the very tenure which is sometimes supposed to have been peculiarly a relic of Anglo-Saxon liberty, appears to have been absolutely unknown except amongst the Anglo-Danes. The omission of all notice of Anglo-Northumbria in the Conqueror's Survey, together with the absence to this day of the territorial division of the Hundred in that quarter, strongly confirms the remark of Ordericus Vitalis, that, in the time of the Confessor and his predecessors, their allegiance sat lightly upon the people of the northern frontiers : and as a state of free- dom was often in that age synonymous with a state of lawlessness, it may perhaps be inferred from the very weakness of the royal authority that in the extreme north, as in Danelage, a greater amount of freedom existed amongst the population than in the more peaceful and orderly districts of the south and west* * The accompanying schedule is near Stony Stratford (Alf. and Giif/i., framed upon Ellis' Introd. to Domts- i), inchiding the greater part of Hert- day, vol. 2, except in the case of the fordshire, Bedfordshire, Northampton- six socmen in Gloucestershire, which shire, and a small portion of Bucking- appeai-s to be a mistake [Vide Lap- hamshire. In later times Danelage penberg''s Eng. under A. N'. Kings reached to Watling Street and eight {Thorpe),^. 202, note 2). The origi- miles beyond {^Lcg. Ed. Coiif., 30), nal boundary settled between Alfred including more of the latter county, and his Witan, and Guthrum and his which, however, I have reckoned in Theod — the difference is well worthy Wessex to counterbalance the small of remark — ran from the Thames along portions of the three other counties the Lea to its source, or in general which I have considered as parts of terms, from Waltham to Dunstable, the Danelage. Its twenty socmen, then straight to Bedford and along the however, I have placed in the Dane- Ouse to Watling Street, touching it lage, as, except in Kent, the class in VOL. II. T 274 APPENDIX D. question was confined to Danish Eng- Odal-Bonders, brought into the socn land, representing the Land-agaide of (or commended to) a Landrica, or men, or proprietary, descendants of the overlord. Wessex . . English Mercia Southumbrian \ Danelage \ Ten. in cap. 948 764 Mesne lords. S°-e„. -^Z Villani. Bordarii. Ser\i. 3037 44 (Kent) 45,860 36,876 14,829 1335 132 18,692 11,458 5.496 3423 22,700 12,233 38,645 39,360 6,497 I have omitted Yorkshire from this calculation, both because Domesday throws no light upon the state of the rest of Northumbria, and because the Sun-ey, taken after the disastrous Northern wars, affords no clue to the previous condition of the pro\'ince beyond the Humber. In Lincolnshire 7723 Villeins, 4024 Bordarii, and 1 1,504 Socmen are recorded ; in York- shire 5079 Villeins, 1835 Bordarii and Cotsetlas, and only 447 Socmen. It is impossible that this enumeration can represent the ordinar)' condition of the Land-agende class in the most power- flU of the Anglo-Danish communities ; but it shows at a glance voho bore the brunt of the Northern wars. Many of the Yorkshire Odal-Bonders had fallen, still more were probably in exile, or were outlaws, predecessors of the bands who afterwards made famous the Scar, Cairn, and A'ieder woods — Sherwood, Chamwood, and Needwood. WERGILDS. 275 Appendix E. WERGILDS. FRANK WERGILDS ^ Bishop ■ Graphic ) ^ Sagibaro r^g^^^"^ ' ' * Antrustio .... * Deacon .... - Graphio ) ^ ^ . , _. . o -1 \ Puer Regis vel Litus Sagibaro J ° ^ Romanus, Conviva Regis ^ Subdeacon ■* Ingenuus (Leud) Barbarus, living by SaHc Law Libertus per denarium ■' Frank Advena (R.) . 5 Advena, if Burgundian, Alaman, or Prison (R.) •* Romanus, qui res habet in pago Romanus, x\dvena (R.) Homo Regis (R.) Homo Ecclesiasticus (R.) . Libertus per tabulam (R.) . ^ Puer Regis Libertus .... Romanus Ingenuus . Tributarius Miles .... ^ Romanus, tributarius ^ Servus (R.) Litus (R.) Tributarius (R.) Bavarian, Saxon suo 900 Solidi. 600 „ 400 „ 300 „ 160 45 36 2/6 APPENDIX E. Servus (S.) Servus Ministralis 35 Solidi. 25 „ The Wergild "N^s trebled if the man was slain "in hoste ;" and again trebled {novigeld) if " in curte regis," in the king's court ; or if he was one of the royal Hmi. » Z. -S:, tit. 58. Z. R., tit. 36. The Clergy are not even alluded to in the Pacttis Aniiqiiioi; and in Z. Z". they were originally assessed according to their birth, as "Servi, Homines regii vel ecclesiastici, Liti, vel Liberi." The subsequent high valuation was owing to the connection of Charlemagne vAXh Italy, and was added to the Salic law in 803 (Perlz. Leg., vol. I, p. 113). The older custom was at one time in force in Saxon England, for, according to the laws of Henry I. (Ixviii. 3), which were supposed to represent old English law, the clergy were reckoned according to their birth. ^Z. S., tit. 56. Z. R., tit. 53. * Z. S., tit. 43, 44. Alarc. Form. (Canc.),\. I, 18. The A ninisiwu was the Latd who swore fealty "in palatio" nostro cum arimamtiA S7ed" — with his ///;■(/ or " following" — the Fidelis who thus "commended" himself to the king. ^ Z. S., tit. 43. Z. R., tit. 7-9, 57, 62. The Libertus per denarium was freed by Frank, per tabiilam by Roman law. The former was "by ancient custom," the latter "by char- ter." '' L. R., tit 36. The advena was the foreign settler, "the stranger and sojourner." ^ Edict. Chilp. Addit. i. {Pcriz. Leg., vol. 2, p. 12.) A veiy old regu- lation, between 561-584 ; upwards of two centuries earlier than the rest. ^ Z. S., tit. II, 53. Recap. 15, 22. Z. R., tit. 10, 62. Various classes of Servilcs Mansjiarii, or unfree Lcets. The Servus Ministralis was the per- sonal slave. PRISONS. I. II. III. IV. 1 Nobilis 80 sol. 100 sol. 1 06 sol. 2 dc/i. 1 1 lb. old money. Liber 53 sol. idc'ii. 50 ,> 53 M 1 M 5 lb. 6 oz. „ Litus \ Servus 26 „ 2 „ 8 „ 2 „ 1 25 „ . his 26 „ 2 „ value 2 lb. 9 oz. „ I //'. 4I OS. „ ^ L. F., tit. I, 15. I. The IVergilds of Friesland proper, between Fli and Laubach, apparently the original valua- tions, as all other compensations are reckoned in thirds. 2. Between Fli and Sincfal, or West Friesland. The Fli-landers became FPandrenses or Flemings. 3. Between Laub.ich and Weser, or East Friesland. Women were valued at the same rate as men. Two-thirds of the wergild went to the heir — or in the case of the Lcct, to his lord — one third, to the "propinqui," or M(eg, Neither king nor community had any claim in this point on the free Frison. WERGILDS. 277 ALAMANNI. ^ Duke .... Bishop .... ^ Priest .... ^ Deacon .... ^ Primus Alamannus (Fiirst) Medius Alamannus . Liber, without heirs . * Baro de Minofledis (Ingenuus) Liber Colonus Regis vel Ecclesioe (Saetta) ^ Libertus per chartam regis vel ad Ecclesiam * Servus Regis vel Ecclesice .... '" Pastor, Seneschallus, etc. .... ■* (Servus Ministralis) . . . . . The same? 600 SoUdi. 400 „ 240 „ 1 L. A., tit. 12, 13, 14. "^ Do., tit. 9, 23, 46, 68. Pact., ii. sec. 37-41 [Perfz.) The Prirmcs was the head of a Cy«, or Fiirst. By Alamau and Bavarian law the P'cmiiia was reckoned at double the Baro ; and as the Fcmina Alinofleda is valued at 320 Solidi, it is evident that the Baro de Minofledis was rated at 1 60. Where 170 occurs it must be an error. It is surely a mistake to identify the Baro ■ j. 160 „ 80 „ ( 65 „ ' 62 i 45 ,, 40 „ f (20) „ • • • • 1 (15) „ de Minofledis with the Z^^f^^the Land- otaner with the occupying tenant. ^ L. A., tit. 17. * Do. , tit. 8. The Servus Regis vel Ecclesice was reckoned at three times the value of the ordinary servus, and his IVergild varies in Pe7-tz., Cane. and Lind. All within brackets is con- jectural. 5 Do., tit. 79. BAVARIANS. 1 Duke ^ Agilolfing . " Priest - Deacon 1 " The five races " ^ Ingenuus . ■* Libertus per chartam Regis vel Ecclesise ^ Liber Manumissus (Frilaiz) 6 Servus (Laiz) 1 Z. B., tit. 2, c. 20. ^ Do., tit. I, c. 10. ^ Do., tit. 3, c. 13. 960 Solidi 640 " in gold " 300 do. . 200 320 160 ;clesi£e . 80 . 40 20 ^ De Pop. Leg. , sec. 7-9. ■'Z. B., tit. 4, sec. II. * Do., tit. 5, sec. I 8. 2/8 APPENDIX E. ' Adelingus 1 Liber ^ Libertus ^ Servus ANGLES AND WERNS. 600 Solidi. 200 „ 80 „ 30 M * /^. f/ W., tit. I, 2, 4. positions the Libertus to be rated at -Z'^-.tit. 9, adding, " in all com- /w^///t' Z'(?/«^ of the Liber." LOMBARDS. ^ Primus Gasindius Maximus ...... ^ Gasindius Minimus ...... ^ Minima persona qure exercitialis homo invenitur " Aldius Servus 300 Solidi. 150 60 50 25 20 16 * L. L.,\. I, tit. 9, sec. 29 {Li ml). Casta! Jus was the deputy or Slaller. The C(7j-/«ri' amongst the Continental '^ Do., 1. i, tit. 11 {Liini). The Germans was the equivalent of the Aldius was the Lcrt, the old Italian Anglo-Saxon Gesitk. The Lombard colonus attached to the soil. SAXONS. Nobilis Litus Servus 1440 Solidi. 120 „ 36 „ - Item placuit omnibus Saxonibus, ut ubicumque Franci secundum legem, Sol. 15, solvere debent, ibi Nobiliores Saxones 12, Ingenui 5, Liti 4, componant. "^ L. S., tit. 2, sec. 1-4. In all com- positions the Litus was rated at one- ttoelfth the value of the noble, who was consequently a T'ti'df-hyjidman. The Saxons appear to have reckoned in "long hundreds." * CapitSax. ad an. 797, sec. 3 (Perfz, Leg., vol. I, p. 75). It is given differ- ently in Cane. It would have placed the Saxons on the footing of the Ala- mans and Bavarians, as 15 : 12 : : 200 : 160. WERGILDS. 279 BURGUNDIANS. ' Nobilis Burgundio Do. Romanus ^ Mecliocris Burgundio Do. Romanus . ^ Minor (Leudis) Burgundio Do. Romanus Servus Regis, Barbarus - Actor Regis ^ Servus, Goldsmith ■^ Actor Privatus . ^ Servus, Silversmith Do. Barbarus Do. Smith . Do. Carpenter Servus * Leg. Bitrgiiiid., tit. 2, sec. 2. These are the oldest of all the Wergilds, dating from the fifth century. ' Do.,t it. 50. The compensation for the Wiiie scale, the puer regis who levied \hQwite, was, as usual, threefold, tit. 70. 300 So/idi. \ 150 » 55 50 40 ^ Do., tit. 10. Though the Libertus is frequently mentioned, his wergild never is met with. The high valuation of the skilled artificer is remarkable, and some light is thro\vn upon the condition of "townsmen" before the rise of " free towns." There are no means, as far as I am aware, of ascertaining with any accuracy the Wergilds of the Goths. According to Proco- pius, the Ostrogoths introduced no changes, and had neither a written nor an unwritten code ; though it is more likely that they introduced none than that they had none. The " potens Romanus aut Barbarus " amongst this people, with the permission to marry with -Romans of equal rank, latterly accorded to the Visigoths, points to an equality amongst the two races, as amongst the Bur- gundians ; whilst the " nobilis, mediocris, et minor persona " amongst the Visigoths, marks the threefold division, so generally traceable in most of the Germanic Wergilds, to have also been in force amongst the Goths. The composition for a noble amongst the Visigoths seems to have been either 300 or 500 solidi, pro- bably the latter sum, for 500 sueldos was subsequently the valua- tion of the royal Merino, and of the Fijo d'A/go (Hidalgo), and the sum paid for " scandalizing " them. Six times this amount, or 3000 sueldos, was paid for " scandalizing " the residence of the 28o APPENDIX E. king, a proportion exactly answering to that existing by Mercian (or old English) law between the King and his Thegns. Procop. de B. G., 1. I, c. 5; 1. 2, c. 6. Cod. T/ieod., sec. 48. Lew Vis., 1. 3, tit. I, sec. I ; 1. 7, tit. 2, sec. 8. Fucros Vkjos, 1. i, tit. 2, c. 3; tit. 5, c. 12. KENT. ETHELBERT, 597-616. 1 Eorl Ceorl ..... - Lget, I St class Do. 2d class Do. 3d class » El/id. 7, 21. Hlot. ct Ead., 1-4. The mcdume Leodgihi of the Kentish freeman, which was evidently the medietas co>JiJ>osilioius, or medium were- i^ildicm, of the Continental codes, was 100 scillings — a inanivyrth. His full 600 Scillings. 200 ,, 80 „ 60 40 „ Leodgiid, tliereforc, was 200, and the Eorl was reckoned at three times as much. - Elhcl. 26. There were also three classes of serfs. WESSEX UNDER INI, 6887 25. Twelfhyndnian Sixhyndman . ^ Wealh with five hydes Twyhyndman - King's Horswealh . 2 Wealh with a hyde Do Gafolgelda His son Wealh with half a hyde Free Wealh without land Theow . . . . ^ Z. /., 24. "A Wealh if he has five hydes, he is Sixhynd." Such is the wording of the law, and there is no evidence of any other Sixhyndman. As a king's Geneat might be Twelf- hynd, it is evident that military tenure 1200 Scillings. 600 120 100 80 60 60 50 was not at this period exclusively ' ' noble tenure." (Z. Z, 19.) ^ Do., 23, 32. The valuation of tlie "Wealh with a Hyde" looks like the old reckoning of "a long hundred." WERGILDS. 281 WESSEX UNDER y\LFRED. Twelfhyndman Sixhyndman .... Twyhyndman . . • . ^ English Freeman . Danish Freeman Ceorl upon Gafol-land . Danish Leysing ^ Alf. and Giilh., 2. The Leysing was the Freedman. By northern law the touch of oar or sail conferred free- 1200 Scillings. 600 200 ,, 4 marks in gold. 200 Scilliiiiis. dom, so that every Thrall who crossed the sea into England by so domg be- came a Leysing. NORTH PEOPLE'S LAW. Wessex. Mercian. [ Wergild 15,000 T/uyi/isas^ — 9000 Scili. = 1 1,250 Scii/. ° i Cynbot 15,000 Archbishop ^theling . Eorl Bishop Ealdorman Hold King's High Gerefa . Priest Thegn - Ceorl 15,000 8,000 4,000 2,000 267 1^ 266 j 9000 9000 4800 2400 1 200 160 = 11,250 = 11,250 = 6,000 = 3>ooo - 1,500 Wealh with a hyde Do. with half . Free Wealh without land ^ The Thrymsa (or third of an ore), the Eorl, and the LLold, mark the pre- sence of the Scandinavians. The date of this piece is probably before Canute. The Ealdorman and Thegn belonged to Saxon Northumbria. ^ The Ceorl who " thrived to five hydes" — who held a benefice of that - 200 ,, 120 ,, . • . . . So „ 70 „ amount, or Bocland, by military ser- vice — and the merchant who made three successful voyages across the sea, acquired " Thegn right," but were not ' ' Gesithcund." Three generations of militaiy service alone conferred nobility upon the family. From a comparison of these laws it will be found that a king stood in the same relation to his Thegns, in respect to his " simple wergild," as the Thegn to the Ceorl. From Leg. Eth. and Eihelred VLL., the same rule was apparently observed in Kent. 282 APPENDIX E. 1 MERCIAN LAW. Sceattas. Lb. SciU. King . Thegn . 2 Ceorl . 1 Wergild ■ i Cynbot 30,000 = 30,000 = 120 = 120 = 20 = ■>■> - 7200 = 7200 1200 200 ' By this time Hlaford-socii was pre- valent over Saxon England, and the Thegn had replaced the Gesithcund class. ■ Oaths, 13. ^ Liberalis Mediocris, secundum Werinorum CANUTE. legem Anglorum et * Constit. de For., 33, 34. King's and Medial Thegns amongst the Saxons, King's Thegns [amongst the Danes, known as Elder men, answered to the Liberalis. The Mediocris was the Saxon Less Thegn, the Danish Yoojtg- 1200 Scillincs. man. Three classes paid lah-slit in the Danelage — the Liberalis, five marks ; the Land-agende man, Odal-Bonder, or Socman, three marks ; and the Cyi-l, twelve ores. A^. /*. Z., 48 to 54. Ed. and Guth. 2, note A. WILLIAM THE CONQUEROR. 40 marks., 6 to the kindred. 1200 scill. or 25 lb. 1200 scill. or 20 lb. 1 00 solidi or 5 lb. ? 2, 8; III., sec. 3. Compare Ed. Con/., c. 15. Norman . Thegn in Wessex Thegn in Mercia Rusticus Leg. IVil. Conq., I., sec Leg. Hen. I., xci. LEGES HEN. I. Norman . English Thegn Villein . Homo Londiniarum 40 marks, 6 to the kindred. 1200 scill. or 25 lb. 200 scill. or 4 ib. 1 00 solidi or 5 /b. Z^^; //t';/. /., Ixx., Ixxvi., xci. Cart. 4 lb." is not the exact sum, but an Civ. Lond. The " 200 w/. qui faciunt approximation to it. WERGILDS. 28 ICELANDIC BAUGATAL. I. II. III. IV. Free- (Bang 7^ marks 20 ores 2 marks \ 2 ores man (Baugthak Gores^^t/naciti ^or.2^2tk2ci. 3^;'. 24 ///re. 2or.i6t/nc'. Ley- (Bang 12 ores 10 ores \mark bores sing (Baugthak 2 ores ^ortugas lore 2ortugas Bang 2Tythweiti 2Qthiv. i^t/nc. \2tJn0. Thrael Baugthak 7 tJno. 3 thw. 3 thw. 2 thzv. Gragas, sec. 8, tit. 1 14. The Bang of consanguinity. The orticga was a was oi-iginally an armlet — such as weight of eight pemtings, three going Tarpeia coveted — and latterly meant a to the ore, of which eight made a mark. fine. The fourfold division of the Of the meaning of thweiti I know Baitgatal was connected with degrees nothing. GUTALAG. Vereldi. Gutniscman . . 3 marks, gold Ogutniscman . .10 marks .^ silver Thrrel . . . ^\ marks, pennings DictrkJCs Altnordische Lescbiich, p. case of the Ogutnisc man, the mark 83. If the j5rt?^(/fl-ZY';r/(//of the Gutnisc " in gold" was equal to eight marks man was half the Vereldi, as in the silver — the usual ratio at this time. Bauda Vereldi. 12 marks, silver. 5 marks, silver. 6 ores, pennings. McBiide Rett. \ 12 marks. GULATHING. 1 Jarl . Bishop Lsensmand . Stallare Odelsmand . Bonder Frigivenmand's son Frigivenmand - Mansbote shall be reckoned in gold ; marks, legal ores. 3 Sons of Jarls, Bishops, Lsensmen, Stallares, Priests, Skutil Svends (Domestici Regii) and Fogdes (Castellans or Baillies) take Odelsmand's Rett. 3 ^, 12 ores. I mark. 6 ores. for an Odelsmand, 18 * Pans and Arnesin, Samltuig, etc. , vol. I. GnlatJiing, Hen Drab., c. 50- " Do., c. 30. This fine was equiva- lent to 144. marks silver, identical, probably, with the 144 lbs. in the Danelage, or ' ' eighteen hundreds. " The reason for reckoning in gold was probably to obtain a settled standard, as the silver coinage was mucli debased. It must be recollected that the only coin was the penny. ^ The royal nobility which replaced the ancient allodial Jai^ls and Holders. 284 APPENDIX E. SWEDISH UPLAND LAW. Bot, 40 marks. Twebot, 80 marks. Half-gialld, 20 marks. Hundreda gialld, 120 marks. Highest gialld, 144 marks. Leg. UpL, tit. I, c. 9; tit. 3, c. 17; was generally divided into three parts, tit. 4, c. 5, 6, 8, I1-13. The fine of The "eighteen hundreds" is also ob- forty marks occurs continually, and sellable. DANISH JUTLAND LAW. Rsetse Botar for Mansdrap, 3X18 marks penningas. For Mansdrap, 40 marks to the king. Walraaf (robbing the dead), 40 marks. Den Jydske Lav., 1. 3, c. 21, 22, 24. ^ Brenhin . The Queen King's sons King's nephews Edling (heir) . Penteulu (Maire du Palais) -" ^ Distyn (High Steward) Cynghellwr (royal judge) Maer (royal thane) . Pencenedl (chief or primus) ^ SwydderyLlys (Court official) Breyr Mabuchellwr •• Gwr ur J member of Deulu I household 5 Boneddig (Ingenuus) Tyog Brenhin ) King's AUtud Brenhin j Villeins j Tyog Breyr AUtud Breyr Alltud Tyog Caeth (serfs) WELCH GWERTH. His Galanas trebled his Sarhaad. nobles the ) A third of the king " without the gold." Galanas. Sarhaad. 189 cows. 9 cows 180 argant. 126 84 „ 4 „ 80 „ 63 ,, 3 » 60 „ half half 360 argant \ 240 V / half half 12 argant. WERGILDS. 285 Galanas. 567 cows 189 „ 126 „ The unmarried woman was reckoned at half the vahiation of her brother ; the married at a third of her husband. 1 Anc. Laws and Instil, of Wales. Llys was the Maer y bis ivael, a Mab- Pencenedl One of his family in Gwent do. Dyved Sarhaad. 27 cows 540 argant. 9 .> iSo „ 6 „ 120 Laws of Gwynedd, bk. 3, c. i. Laws of Dyved, bk. 2, c. 12, 17. Laws of Gwetit, bk. 2, c. 5. Also Woottoit's IVelsh Laws, 1. 2, c. 21 ; 1. 3, c. 2. The Gwertli (vahie) or Galanas (blood fine) was the Wergild ; the Sarhaad "the injury" requiring to be righted. The king's Sarhaad was 100 cows and a bull from every Cantred, with a rod and plate of gold. The Edling was not necessarily the king's son ; the Pentenlii was always of the royal race. The co%i) was reckoned at 60 argant or denarii, of which 240 = i punt. - The Cynghellvvr seems to have had precedence of the Maer (Z. Gwyit., bk. 2, c. 19, sec. 18). The Pencenedl was ineligible for either office. One copy reads Pencyned (chief huntsman) for / Iv/- cynedl ; evidently an error, as the Pen- cyned was amongst the Swyddery Llys. ' The noble was known in Gwynned as Mabiichelhvr, and in Dyved as Breyj-. The Maer amongst the Swydder y aillf, or of base extraction, and must not be confounded with the higher officer of the same name, who was always a Mabiichellwr — of gentle birth. ■* The Deidn was the i-oyal house- hold. * The Boneddig Canwynaxtd was the Cyinro of pure race, fourth in descent, without stain of serf, alien, or criminal, /. e. , 7uite-theow. The Tyog and the Alltnd, were occupying tenants or Villeins, the former, apparently, "in- born," the latter "of alien race," the stranger and sojourner. •^ This is the valuation in the codes of Gwent and Dyved, but I doubt its correctness, suspecting that a thrice has crept in by mistake. It would be contrary to all precedent that the higli- est official of the royal household should be so far below the Pencenedl, or that the noble should lose rank by accepting office under the king. 1 LEGES INTER SCOTTOS ET BRETTOS. Cro. Gclchaclt. De occisis in pace. 2 King 1000 cows or 3000 ores. loo cows or 300 ores. 180 cows or 540 ores. King's _ 66| „ 200 „ 90 son ^150 Earl Earl's "1 450 .. 100 son > Thane ) Thane's )66f „ 200 „ son ) Thane's ) + ^ s ) grandson 1^4 j's 133I ^^ ?,^ ^. I den. ) - Ogtiern ; Carle or ) ^ „ VUlein \ '^ " 48 „ 44 cows + 21 den. f \ ^ [of a niaille- ) 29 cows + 1 1 den. ^ ) [of an obohis. \ ^ 270 » 180 „ 63 ,, 286 APPENDIX E. Tlie cro, the gahies, and the enach of the married woman were reckoned at a third less than that of her husband. The un- married woman was valued at the same rate as her brothers. The cro and galncs went to the kindred, the gdchach to the husband if he was free ; but if he was a villein, to the " lord of the fee." ^ MERCHETA MULIERUM. Mercheta. 5 Filia Comitis et Reginre (?) Filia Thani vel Ogtierni Filia Liberi hominis . Serva aut Mercinaria . ^ Act. Pari. Scot., vol. I, p. 299. Cro meant cattle in the sense oipccunia; giltt, or payment in cattle. Gaines is evi- dently the Welsh galanas, and Gelchach or Kelchyn probably the Welsh Sar- haad, derived, perhaps, from cal, call, dammim or injury. " " Ores in gold," say the Latin and Scottish versions, meaning here "at the value of gold ; " /. e. , not in de- preciated silver. ^ The Ogtiem was "the lesser lord " or landholder under the Thane, who held directly of the kmg, earl, or ecclesiastical superior. Serjeant's Fee. 12 cows or 72 soUdi. 2 solidi. 2 ,, 12 ,, 12 denarii. I „ 6 „ 6 „ I heifer 3 „ 3 „ * Act. Par!. Scot., vol. i, p. 276. (Reg. Majest., 1. 4, sec. 54.) From the cow being valued in money of a later date, and at a higher rate — six instead of four shillings — and from the mention of three different classes — the liber homo, se)~z6pov p-ivTOL airwy(iyyr}v ovdeirSre Trapacrx^yite- voi. Procop. de B. G. , 1. 4, c. 20. t The expressions of Theodobert are, " Id vero quod dignanimi esse solliciti, in quibus Provinciis habitemus, aut quse gentes nostrse sint, Deo adjutore, ditioni subjecta;, Dei nostri misere- cordia feliciter subactis Thuringis, et eorum Provinciis acquisitis, extinctis ipsonim turn temporis Regibus, Nor- savorum gentis nobis placata majestas colla subdidit ; Deoque propitio, Wisi- gothis qui incolebant septentrionalem ])lagam, Pannoniano cum Saxonibus Euciis qui se nobis voluntate propria tradiderant, per Danubium et hmitem Pannoniffi usque in Oceani httoribus, custodiente Deo, dominatio nostra por- rigitur." Ep. Fr. Reg. 20. Zeuss identifies the Norsavi with certain Suevi planted by the Frank kings in the lands relinquished by the Saxons who accompanied the Lombards into Italy; but independently of the fact that "placata majestas" would scarcely be an expression suitable to a body of Frank " liberi coloni," mustering only 6000 fighting men, the Saxons who went to Italy wath the Lombards in 568 must have still remained in their earlier location for twenty years after the death of Theodobert. There was no other people to answer to "the Northern Sue^^" at this period except the Angles — "the Midland Angles" of Ptolemy. There was evidently a great movement beyond the Frank frontier about this time in consequence of the increasing power of the early Merovings, the Lombards disappear- ing from their earlier settlements, the cause of their migration being very evident ; for in 552 the Frank leaders refused a passage to Narses, because he had their greatest enemies, the Lom- bards, in his train {Procop. de B. G., 1. 4, c. 26). This extension of the Frank WERGILDS. 297 A dififerent state of society again is disclosed in the laws of Ini, a provincial class existing by the side of the Twelf and Twy-hyndmcn, on the footing apparently of the Roman — or Wcalh — amongst the Franks ; the "Wealh with a hyde of land" answering very much to the " Romanus qui res habet in pago suo," whilst the "Wealh with five hydes/' as a Six-hyndman, seems to have cor- responded with the Conviva Regis, and the Graphio, or official, of the second class* It would appear as if in the earlier conquests of the Anglo-Saxons, as amongst the Franks, the Wealh population had been reduced to the condition of unfree Laets and Theows, or of predial and personal serfs ; but that in later times, when the original Mark was crossed, all conquered lands belonged to the king, and the Wealh were allowed to remain as a tributary class rated at half the valuation of the dominant race. Allodial grants of the newly acquired territory were no longer made to the Ge- Wissi, the occupant of the land appearing as a Gcncat or a Gebnr — the ciijoycr, or tenant, not the proprietor of the land — and the class thus planted beyond the earlier Mark appears to have been often known as Scettas rather than JVara, not unlike the " Liberi coloni Regis" upon the Continent, and is invariably to be traced beyond the original western frontier. Such were the Wilt-scaUas, the Dorn-sc^Uas, and the Sumer-stst/as to the westward of the original marches of Wessex ; whilst north- ward of the Thames, the Maga-j^//«j, 'SiQ.xo\i-S(Ettas, Pec- power may have liad something to do Franks. The name sui-vives in the Bre- with the great influx of Angles into ton Keiiviva, derived from Biva, which, Britain about the middle of the cen- in one sense is identical with Biodh, tury. Feorm, victns. Coun- biodh, coigny, * The "Wealh with five hydes" is was in Ireland equivalent to " victual- the only Sixhyndman ever mentioned ling," and the original Conviva may in the Anglo-Saxon laws. There may have been the man who held his laud have been a class equivalent to the by a tenure similar to that of the Continental Medioais, but no such Scandinavian veitslo — victuaUing the character is traceable amongst the king during his progresses. The mean- Continental Angles or Saxons. The ing of Conviva was probably as am- " Conviva Regis," who is met with biguous as that of Hospes. From a amongst the Franks and Burgundians, passage in Gregory of Tours (Hist. was probably the Roman equivalent Ecc, 1. 7, c. 16), it was apparently of the Antnistion amongst the early also an honorary rank. 298 APPENDIX E. scettas, and YXm.Q.\.-scettas, in Herefordshire, Shropshire, North Derbyshire, and the West Riding of Yorkshire, point to the encroachments of the Angles beyond the older marches of Mercia and Northumbria, the former kingdom, from its name, having once been the Anglian March, or frontier to the westward. The Sixhyndman disappears after the reign of Alfred, Wealh and Saxon gradually ceasing to be distinguishable amongst the upper classes amidst the mass of Twelfhynd Thcgns, though the Danish wars must have hastened this amalgamation between the two races, every man who fought for the English king being willingly reckoned as " an Englishman." So at a later period Dane and Saxon, long standing out almost as separate people, soon blended into one race after the Norman Conquest. Every vestige of different origin must have died out with the substitution of the ncaJi-gebnr for the 7icak-incBg, and wherever the descendants of the different races held their lands by the same tie of military service, were joint " sureties" for each other in the same boi'h, or shared in the cultivation of the allotted portion of the Vill, the recollection of a different ancestry must have passed away, and all were equally known as " Englishmen."* The Mercian Law tells of the time when Hlaford- socn — or Commendation — had converted the Twelfhynd Gesithcundman into the Thegn ; whilst the aristocratic principle is strongly developed amongst "the North people" in the numerous gradations of rank rising, tier upon tier, above the groundwork of Ceorls and Wealh. There is the same difference in the valuation of the Thegn and the Ceorl as in that of the Eorl and the La;t amongst the Kentishmen, and the Adaling and Libertus amongst the * "To gaful-gyldumgesette" is the had been encroached upon in other expression in the Saxon translation of quarters, without being granted out as Beda for rendering the Wealh tributary, landed property. The CAx-seattas and and the Seatta was the man to whom Wocing-jtvr/'/tZj' {Chron. Sax. 'j'j'j) had the land was ge-set, or let, not given as probably been planted in this manner a property. He is not only found upon land cleared from the Chiltem beyond the old mark between Wealh forest and gained from the Peter- and Saxon, but also where the mark borough marshes. WERGILDS. 299 Continental Angles ; a fact which, with the little mention of the Friling in the Saxon code, suggests a suspicion that the Anglo-Saxon Ceorl, and his equivalent, the Saxon Friling, was not originally a Lend, or member of the dominant race with Allodial right, but an enfranchised LjEt, a type of the Scandinavian Ley sing, with whom, indeed, he was placed upon an equality in the Conven- tion between Alfred and the Danish Guthrum.* There is not a doubt about the position of the different races in the northern Danelage. The Saxon and the Danish freeman were upon an equality in East Anglia, where the settlement of the latter resembled the occupation of the Roman provinces by the Burgundian or the Goth ; but in the north the Scandinavian stands out, like the Frank, as the member of a dominant race, the Holder reckoned at twice the value of the TJiegn, and the Eorl at double the worth of the Ealdorman. When Harold " of the fair hair" laid the foundation of the Norwegian kingdom, wherever he extended his authority he is said to have put an end to " Odal-right," all the Bonders, rich and poor alike, being obliged to pay land-tax to the king. Over every Fylki, or province, he placed a royal Jarl, to administer "Law and Land-right," and to collect Scat, or land-tax, one-third of which became the prerogative of the Jarl, who was bound in return to maintain sixty Hefinanna, or men-at-arms, for the royal service. Under every Jarl were four or more Hersirs, or barons, each with a Vcitzlo, or benefice, held by the tenure of quartering the king upon his royal progresses, of the original value of 20 marks — equivalent to the 20 lb. knight's fee, as the mark was the northern pound — * The Frilings amongst the Conti- this conjecture is correct, it would nental Saxons were associated witli the account for the absence of allodial Lrets in the rising of the StcUiiigas right as well as for the wide distinc- against the nobles — the Athdings. tion between the Twelf and Twy- There is not a trace of allodial right hynd classes. I do not extend the amongst the Anglo-Saxon Ceorlcund- remark to the Prison communities, men in historical times, except in Kent ; which I suspect were absorbed as and the Twyhyndman looks more like Ceorls, principally upon the Eastern the 0;?c'-hyndman enfranchised than coasts ; but the subject is far beyond the original Atheling or Odaller. If the limits of a note. 300 APPENDIX E. for which the Hersir was bound to provide twenty men- at-arms* Such was the earHest foundation of a royal nobility in Norway, and the Bonders, taxed and deprived of " Odal right," complained that they were changed from a class of proprietary nobles into Land Bn, or tributary tenantry ; though the vast increase of the tributes, result- ing from taxing the hitherto untaxed Odal lands, in which the royal Jarls and other royal officials shared, rendered the change as agreeable to the king's followers as it was distasteful to the Bonders. The earliest "royal Law," the Hcidscvis Log, is attributed to Harald's father, Halfdan the Black.f All such "Laws" may be very safely connected with the establishment or extension of the royal authority, and the conversion of the Lend into the Dependant; and as none are attributed to Harald himself, he may have only carried out successfully the intended policy of his father. The earliest introduction of the royal benefice, and of the hereditary noble by service, into Norway, may be dated, therefore, about the middle of the ninth century, when a similar process would appear to have been in progress in Denmark and Sweden, the result being to pour a flood of discontented " Odallers" — Kings, Jarls, and Holders — upon the shores of Britain, Ireland, and the Continent. Hitherto the excursions of the Northmen had been generally confined to the attacks of the Stiniarlidi, passing adventurers who swept the country of all they could lay hands upon, and returned home with their booty at the close of the summer's cruise; but from this date the malcontents thronged in multitudes as permanent settlers, accompanied by their wives and children, and flying from the revolution introduced by the substitution of the royal authority for the ancient order of things. Amongst the earliest fugitives were the colonists of Iceland, and as they abandoned their native country * Heinisk. Har. Harf. Saga, c. 6. fixed the exaction of TJicg7i-giUdi, or After various fluctuations, in which the land-tax, and Hef-gilldi, or poll-tax, Bonders were alternately recovering as permanent rights of the crown. St. and losing "Odal Rett," Olaf the Olaf. Saga, c. ^^1^, 146. Saint seems to have finally established the authority of "the Court," and t Hcimsk. Halfdaii Saga, c. 8. WERGILDS. 301 rather than submit to such encroachments upon their " Odal right," it is only natural to infer that they carried with them the laws and customs hitherto prevailing under the early Allodial system. Accordingly in the old Ice- landic code of the Gragas there is no trace of any division of rank ; no line drawn, as amongst the Germanic tribes, between the Nobilis and the Ingcnuus, the Freeman's BaiLgatal being simply reckoned at 3 marcs, doubling as usual the valuation of the Libertus. Every " full-born " Northman was an Odaller ; "full-born" was equivalent to noble ; for as the first step in the extension of the royal authority was invariably to deprive the Bonders of their " Odal right," it is very evident that before the period of the royal innovations every Bonder must have been an " Odalsmand," — he jnust have held that right of which he was subsequently deprived. And thus amongst the an- cestry of that numerous body of our own population which can be traced to a Scandinavian origin, the King, the Jarl, the Holder, and the Leysing, are alone to be found, for they, like the Icelanders, fled from the encroach- ments of the royal authority. In the oldest code amongst the Swedish laws, the Gutalag, or law of the island of Gothland, a very simi- lar arrangement is distinguishable, the only classification being Giitnisc and Ogiitnisc — Goth and alien — every full-born Goth being reckoned at the usual 3 marcs " in gold;" but in the earliest Gnlathing, or law established at the Norwegian Thing held in the island of Guley, a different arrangement is found, and the results of the introduction of the royal authority are plainly visible.* * Heimsk. Hako7i Goda Saga, c. ii. ever, as it now stands, were kings The older Gulathing is supposed to Magnus and Olaf, sons of Harald represent the amalgamation of the Hardrada, and Erling, Jfii'l of the HeidscEvis Log of Halfdan with the Orkneys, which places it between Gxilathing and Frostothing of Hakon 1066 and 1069; for Magnus only sur- Adalsteen, the son of Harald Harfager, vived his father, who fell at Stamford who was brought up at the court of Bridge, for three years. In the later Athelstan, a connection which may be Gulathing, dating from 1294, the laws supposed to have exercised a consider- which the Lagamen swore to observe able influence on the royal enactments, were those of St. Olaf. The promulgators of the code, how- 302 APPENDIX E. The Frigivcnman, or Libertus, figures as usual at half the valuation of the free born Norwegian Bonder ; the Odals- mand, the Lrensman, and the Jarl, rising in the gradations of a royal nobility above the unprivileged classes of the community. The Manbote at this period for every Nor- wegian enjoying " Odal Rett," now meaning the privileges of nobility, was 1 8 marks of gold, which, according to the reckoning of that time would amount to 144 marks of silver, the identical fine which was paid in pounds for a breach of the king's peace in Danclage. A fine of 40 marks of sih'cr appears to have prevailed very generally throughout the northern kingdoms as the usual Manbote for homicide. This sum appears in the Upland and West Gothland codes amongst the Swedes as well as in the Jut- land laws ; it is traceable in both the Gulathings — for in the later code the fine of 1 3 marcs 8 ortugas for homicide, or for selling a freeman into slavery, is the royal tJiird of 40 marcs — and it was brought by the Conqueror into England as the Wergild paid to the king for the slaughter of a Norman.* The Northmen, however, never appear to * The sum. occurs in various places opinion Sir Francis Palgrave demurs ; as forty-six marks, but as six were and I quite agree with the latter autho- paid to the relatives, or to the lord, rity, for as the Fezid, or hereditary the fine paid to the king was foi-ty Benefice, was still unknown beyond marks. William is said to have wished the Eider in the fifteenth century, it to establish the laws of the Danelage could hardly have been introduced throughout the kingdom, on account into Nonnandy from that quarter in •of their identity with Norman law. the tenth. It was Richard sans-peur The customs originally introduced into who first cancelled "odal right" in Normandy by Rolf Gangr must have Normandy — a veiy different process been Allodial, and were probably not amongst the Normans planted as a very dissimilar from those which were noble class in their newly acquired carried into Iceland. The northern territories, and amongst the Odal- rovers always proclaimed their com- Bonders of Scandinavia — and as it was plete equality ; they were all Odallers, Harald the Dane, the grandfather of and the expressions applied to the Canute, who after his victory over the original division of the land by Rolf, Franks "took legal possession in the "illamterram suis ^A€iCQV& fioiicidos young Richard's behalf and di visit," point to an equal allodial exacted the universal obedience of the division " roped out" according to Norman people," it was from this ancient custom. Sismondi, indeed, quarter, probably, that the novel insti- has attributed to the first duke of tutions of Scandinavian royalty were Normandy the introduction of a per- introduced, which would account for feet system of feudalism, to which the similarity between the customs of WERGILDS. 303 have passed through the intermediate phase of great aris- tocratic communities like the majority of the Germans ; the absence of the Lget, and of the distinction in their earlier Wergilds between the Nobilis and Ingcniiiis, point to a different order of things. Guthrum's Danes were all equal, and the Norwegian followers of Rolf Gangr were on a similar footing of equality as " Odallcrs;" and as the Nobilis and Ingenuus, with the unequal division of land according to rank, may be traced amongst the Germans in the days of Tacitus, so the germs of that state of society which seems to have remained in force amongst the Northmen until the middle of the ninth century, in many points resembling that already noticed amongst the Prisons, seem plainly visible in the equal distribution of the land described by C?esar, " cum suas quisque opes cwvcv potcntissiniis sequari videat"'"" Howel Dha, the contemporary of Edward and Athel- stan, appears to have enacted much the same part amongst the Welsh as Hakon Adalsteen, and Olaf the Saint, amongst the Norwegians, the earliest regulations of " the Court" having been always attributed to the first-named king. The "noble by birth" is as plainly distinguishable in the Welsh as in many of the older German codes, the Pcncenydl, the Bnyr, or MabucJichvi', and the Boncddig Normandy and the Danelage, where, may apply to that particular branch of in the year before the Conquest, " the the Germanic people which seems to Laws of Canute" were still in force have approached most nearly to the {Chron. Sax., 1065). From the great Scandinavians. Sufficient time, how- dearth of early charters in Normandy, ever, had elapsed for many changes to and from the non - existence of the have occurred between the era of his hereditary feud in the Norman king- conquests in Gaul, and the days in dom in Southern Italy four centuries which Tacitus alluded to the second after its establishment, it is veiy doubt- consulate of Trajan as a past event, ful whether the Benefice had been con- But at a much later period there was verted into the Feud at the time when a wide difference between the Franks the ancestors of the Normans of Italy and the Frisons in the same age ; and quitted their native duchy. Vide Pal- as each authority has probably given a grave Hist. Norm., vol. I, p. 6gi, et faithful description ofthe peculiar phase seq. ; vol. 2, p. 482, 534. of Germanic society which was brought * CtEs. de B. G., 1. 6, C. 22. Cfesar most particularly under his notice, appears to have been most familiar neither should be contrasted with, or with the Suevi, and his description corrected by, the other. 304 APPENDIX E. corresponding with the three gradations so often found amongst the Germans, whilst the Alltud, rated at half the valuation of the Boncddig, resembles the Lat. Side by side with the "noble by birth" appears the "noble by service," the royal favour conferring the usual advance in rank, the lowest member of the king's household being raised above the Boneddig ; whilst the Szvyddcr y Llys, or court official, is placed upon a footing with the noble by birth ; and the highest officer of the household who was not of royal birth, and the royal Maa' and Cynghelkvr, attain the same footing as the Pencenydl — the Primus, or chief by right of blood. One important feature in the Welsh system, however, nmst not be passed unnoticed. Except in the solitary instance of the Distyn it is the Boneddig and not the Breyr who takes personal ser\ace under the Brcnhin, a fact which displays the comparatively limited influence of the royal authority amongst the Welsh. The acceptance of an official situation under the king raised the noble to an equality with the head of his race — the Pencenydl ; but the acceptance of an office about the royal person only placed its holder upon a footing with the territorial noble. Wherever "the Court" was really powerful, the officers of the royal household ranked with the foremost of the land. But perhaps one of the most remarkable features in the Welsh laws is that separation of the judicial office from the military, which is displayed in the appointment of a Maer and Cynghellwr to exercise joint authority over every royal Commot, or collection of twelve Maenawls ; a separation which may be looked for in vain amongst the Teutons, both offices having been united in early days in the Comes, Graphic, or Judex Fiscalis, appointed to exercise undivided authority over the royal Fiscalini. The whole administration of justice amongst the Gauls was in the hands of the Druids, and accordingly the VcrgobrcitJi, annually elected amongst the yEdui to the supreme magistracy — a personage equivalent to the Welsh Breeji-hyn, or Senior Brehon — although not a Druid, was as sacred a character during his year of office, confined WERGILDS. 305 strictly within the Hmits of his own confederacy, and con- sequently incapacitated for the time from exercising miHtary authority ; in other words, he was a temporary member of the sacerdotal order. As the administration of justice was one of the prerogatives of the sacred caste, it would appear as if the Cynghellwr had once represented the Druid, or the noble enrolled amongst the Druids during his tenure of judicial office, whilst the Maer was the Eques, or military noble ; their types being easily recog- nisable in Gaelic Scotland as the Maor or Thane, and the Deempster — the judex who so often makes his appearance in the early charters — -who were appointed, as amongst the kindred Celts of southern Britain, to exercise a divided authority over the tenantry of the royal Vills.* When the younger sons of Malcolm Ceanmore began to lay the foundations of the feudal kingdom of Scotland, they naturally introduced the system with which they were most familiar, the Anglo-Norman feudalism of the court of Henry the First, of which the various English " customs" were, up to a certain point, the basis. David and his successors, gradually transferring the preponderance in the kingdom from the north to the south, must neces- sarily have adopted the southern law as the groundwork of much of their legal fabric, not introducing a novel system borrowed entirely from their southern neighbours, but making use of the laws and customs of their Lothian subjects, long familiar to the population between Forth and Tweed. Thus the cro, or Wergild, familiar in principle to all the various races of the Scottish kingdom, appears to have been adjusted upon the basis of the old Anglian valuation, the Thane being reckoned at 300 ores of 16 * Ccvs. de B. C, 1. I, c. i6; 1. 6, like the Gael, the Cymri spell as they c. 12-14; 1. 7, c. 32-34, 67. Compare pronounce, and accordingly the head vol. I, c. 2. Brciih, both in Gaelic of the Cymric state, the Brenhin or and Welsh, means law, and the Ven;o- ^/'£V«-/^j'«, was no other than the Senior bretus was simply the Fcargo-hreith, Breen, or supreme judge of the people, or Gwr y cyfivifk, the judge, or Laga- The captors of Rome, as Niebhur has man, known amongst the Irish as the remarked, were under the rule of a Breithimh, a word generally written Bnvn, whose title was latinized Breji- Brehon and pronounced Brecn. Un- ims. VOL IT. X 3o6 APPENDIX E.. pence, or 2olb.'" The arrangement, in other respects, was upon the Celtic principle of tJiirds — a principle, indeed not confined exclusively to the Celts, for it is equally traceable amongst the Prisons — the son being assessed at two-thirds of the valuation of his father; and his descendant, if he did not attain to his father's rank or station, falling into a lower grade, until all who could not count a Thane as their grandfather, or were not the actual holders of a portion of land under a Thane, and were thus reckoned as Ogtierns, or lesser lords, merged in the commonalty. To the development of this system may be traced many of the clans and "lesser houses" in Scotland, which, though contributing largely to " the Com- monalty," especially in later times, mostly represent off- shoots branching out in the olden time from the greater " overlords," and originally planted on the land as Tighcrns and Ogtierns. At an earlier period, when the singular and peculiarly Celtic principle, entailing a double claim upon, and an alternate succession to, the headship of the family, Avas in full force, the application of the same "descending scale" will explain many a contest between near relatives, each struggling to exercise in turn the ancestral authority, and thus preserve their prerogatives in the family. Six kings of the MacAlpin dynasty followed each other, in peaceful and alternate succession between the families of Constantine the First and Aodh, until a contest arose between the sons of the first Malcolm and of Indulf, each family endeavouring to limit the succession to their own immediate line ; as all pretensions to the crown would have been lost had the representative of * The valuation of the Rusticus or tion, then a //;;-(?//= twelve ores; a Churl, forty-eight ores, was six marks, wff«7cy';-/'/^ = three marks; a churl =%\yi recalling the fine of six marks in Eric's marks, or two manwyrths. This is Zealand laws, and the six marks paid Anglo -NoiTnan, Anglo - Danish, or to the relatives by Norman law. The Anglo - Saxon, rather than Gaelic, fine of eight caivs, or 24 ores, continu- whOst the regulation of the valuations ally to be met with in the Scottish by thirds is Celtic, pointing, appar- laws, was evidently the half leodgild ently, to an arrangement, probably of or "manwyrth" of three marks; and the reign of David, combining the if the price frequently paid for two principles of both assessments, serfs — three marks — was their valua- WERGILDS. 307 the race sunk permanently to the position of " an Earl's son." A similar contest is traceable in the family of Moray, and had the line of Malbride succeeded in mono- polizing the headship of the race, the representative of Finlay would have sunk to the position of a Thane. Side by side with the valuation of " King Henry's law" the Gailchin or GclcJiacJi held its place, evidently the equivalent of the Welsh Sarhaad, as the McrcJict answered to the Gobr y Mcrch, or fine payable on the marriage of the vassal's daughter, the extension of the latter to every rank amongst both divisions of the Celtic race, testifying apparently to the complete absorption of the earlier diicJias, or allodial rights, in the crown.* In the valuation of the married and single woman the pro- portions differ from the Welsh, and there are no means of testing them with the Anglo-Saxon ; whilst the uniform fine of 180 cozos for homicide, which prevailed "through- out Scotia," resembles the Scandinavian Manbote, and the fine for a breach of the king's peace in Danelage ; but it would be useless to hazard any conjectures as to the extent of the strictly Gaelic element traceable in these laws, in connection with the Anglian, the Cymric, and perhaps the Norman, until the publication of the Brehon Code has thrown more light upon the institutions of the kindred Gael of Ireland ; amongst whom the name of Earaic, or man-payment, approaches still more closely than Galanas to the Teutonic Wergild and Manbote.'^ * Some absurd theories, long since ment ; the initial letter having disap- exploded, were once grounded on the peared, as in Uladh, Andalusia, Ips- Mcrchet. It probably arose out of the ivich, and other examples. .St. Patrick necessity oi ciidcnviitg Ti. wife in order to paid as much as fifteen " manwyrths" render the marriage legal {VideAppeii- to secure the protection of the autlio- dix F), and as no one could do this lities of the districts through which he who had not theT^v-j-Zw/A' of his land, passed. "Vos autem expert! sumus without the permission of his lord, the quantum ego erogavi illis qtiiJ2idicaha7it 7nerchct was probably the fine paid for per omnes regiones quas frequentius this permission. It was known as well visitabam. Censeo enim non minimum in England and on the Continent, pretitim qtiindccim hominuvt distribui {^Vidc Hailcs' Annals, vol. 3, Ap. I, illis .... non me pcenitet, nee satis where the subject is discussed at length.) est mihij adhuc impendo, et super + Earaic seems to have been de- impendam. Potens est Deus; ut det rived from Fear, man, and aic, pay- mihi postmodum,' ut me ipsum im- 308 APPENDIX E. pendam pro animabxis vestris." Con- fess. Pair. (Ken Hib. Vet. Scrip., vol. I ; Proleg., pt, I, p. cxvi.) There must have been some sort of settled government where there were "judges" and a legal "man-wyrth," and where an aavena could thus obtain the pro- tection of " the constituted authorities." On one occasion the saint was seized, plundered, and put in bonds, but re- leased after a fortnight's captivity, with all that had been taken from him, through the intervention, apparently, of one of his powerful protectors. As on another occasion he alludes to the privileges of free-birth, which he had resigned through becoming " a stranger and sojourner" in Ireland, it is evident that there, as elsewhere, the alien was ranked upon a footing of inferiority. The simple narrative of St. Patrick, in which he details his troubles and his difficulties, stands out in striking con- trast with the legendary traditions of later years. THE KIN. 309 Appendix F. SIPZAL I. Head 2. Shoulder 3. Elbow 4. Wrist THE KIN. ROMAN COGNATIO. 6. Tritavus I 5. Atavus I 4. Abavus Proaviis 6. Abpatruus, etc. I 5. Propatruus, etc. 2. Avus 6. Filius, 4. Patnuis Magnus, etc- etc. I. Pater 3. Patruus, 5. Proprior Sobrinus, etc. etc. O 2. Frater, 4. Consobrinus, I etc. etc. 6. Sobrinus, etc. I. Filius 2. Nepos 3. Filius, etc. I 4. Nepos, etc. 5. Filius, etc. I 6. Nepos, etc. 3. Pronepos 5. Pronepos, I etc. 5. First Finger Joint 4 Abnepos 6. Alanepos, I I etc. 6. Second Finger Joint 5 . Adnepos 7. Nail Joint 6. Trinepos The Italian noble counted his four quarterings from the completion of the Cognatio. From the latter part of the eleventh century, the Canon Law counted two degrees for one, placing the Sobrinus, or second Cousin, in the third degree, the Consobrinus in the second, and, until the Fourth Lateran Council, including all the descendants of the Tri- tavus, up to sixth cousins, in the Canonical Cognatio. The Sipzal was the Teutonic method of counting relationship, the Hmid originally meaning the complete Mccg. He who could count it "pure blood" was Full-born to Odal-right. 310 APPENDIX F. QUARTERINGS. A. 1 = 2. -5 = 4. 5=6. 7 = 8. 0=10. 11 = 12. 13 = 14. 15=16. B. 1 = 2. 3 = 4. 5 = 6. 7 = 8. I I ! ! C. I = 2. 3 = 4- I I I = 2. Full-bom. A. The German noble with 16 quarterings, and the Scandinavian Holdr of later times. B. The French noble with 8 quarterings. C. The old Allodial Vier Anen, conferring Odal right, the Frank Ingenuus, the Sccpenbar Saxon, and the Spanish Hidalgo, with 4 quarterings. The man of three " perfect generations." THE SCOTTISH THANE. 2. Uncle I • 3. Cousin 1 hanc 2. Brother I I \ I 2. Son Son Son 3. Nephew .1 I I 3. Grandson Grandson Grandson I I I A. Thane B. Ogtiern C. Bonnacht All within the fourth degree composed the Mccg, known amongst the Welsh as Aelodeji, who were entitled to be supported by the Senior of the family. A. represents the fourth in descent carrying on the Thancship. Before the introduction of the Charter he would have now acquired i\\Q jus /ictrdfiaiis, or Odal right. B. represents the second cousin, whose ancestors had not held the Seniority, now holding under the head of the family (like the tenant by homage instead oi fealty, in the Norman tenure par parage) and founding a Lesser House. In early times probably all the connections of a Cen-cinneth had a right to be thus provided for. C. represents the landless relative, who was latterly reckoned amongst the Carles, though in early days " a gentle- man." All the brothers had originally a claim to hold in turn the office of Senior, and a glance at this table will explain the reason why such a principle of succession, wherever it was in force, so often entailed a contest. THE KIN. 311 It would be difficult to form a true conception of the state of society once existing amongst the people of Teutonic as well as of Celtic origin — a state of society that is sometimes almost regarded as a peculiarity con- fined to the latter race — without some knowledge of the nature of the tie by which the community was bound together in the olden time, and which, though existing at some period amongst the ancestry of nearly every people, and more or less traceable amongst many, is most clearly to be distinguished amongst those of German and Scandi- navian origin. At the root of the Germanic system lay the j\I(jeg, Cognatio, or Clan, composed of a certain number of Hinis, or Fainilia, each family being in the immediate " iiinnd," or under the protection, of its natural head, the father, Ea/dor, or Senior ; on his death breaking up into as many "families" as there were male descendants in the first degree, or in other words sons. The condition of the son during the lifetime of his natural Ealdov was up to a certain age, as Tacitus has shown, that of a cnicht, kiiabc, or svcn, resembling that of the givas or gillie amongst the Celts — the latter word being connected apparently with the Latin filiiis — and in later times, when the great man's Hird included a number of cnichts not necessarily united to him by any real tie of consanguinity, their posi- tion was identical with that of the son in primitive times, and they were in complete subjection to their Ealdor, who in turn was bound to extend to them his paternal protection. Thus the name of Senior has penetrated into various European languages as the equivalent of the English Lord, the Junior having supplied our own lan- guage with such terms as knight, knave, szaain, vassal, gilly, and various others, originally implying a dependent state of consanguinity, and latterly a condition more or less of dependence or inferiority. On the death of the Ealdor of the family each separate Hird blended in the Mcsg, the equivalent of the Roman Cognatio, every member of which was bound in the Mceg-borh, or mutual bond of protection and defence. The JMceg was originally answer- able for every individual member, for individuality in the 312 APPENDIX F. modem sense was unknown, and every one may be de- scribed as "on bail!' The glory or infamy of each member reflected credit, or drew disgrace, on the whole M(Bg, on whom it was therefore incumbent to avenge the injuries or atone for the crimes of the individual, receiving or paying the whole, or a certain portion of the allotted fine, according to the circumstances of the case. Every M<£g was entitled to share in the division of the land, and had its allotted station in battle, closely resembling in this point the early Israelites, the "long-haired Acha^ans" of the Homeric age ranged xara fxika zara (ppj^r^ag, and the military order of the ancient Romans — for the law that the bo/ia castrcnsia of the soldier dying on service intestate should go to his Vcxillatio and Lcgio, surely points to a time when he actually stood in line with his M(sg and Cyn, his Cognatio and Gens. At a certain limit the Mceg ended and merged in the Cyn, the Roman gens, of which the head was the Cyning or Kon-Jingr — the child or representative of the race — the union of a number of Cyns under their Cynings or Principcs in the olden time constituting a community — a Thiod or Lcod : for the kingdom arose out of a Coniitatns:^' The M(pg necessary to constitute a state of perfect freedom seems to have been originally confined, irrespective of parents and children, to the brothers and uncles ; in other words, it required " three descents," and the existence of two free grandfathers. In the rules laid down for the receipt or payment of the Wergild, in the reign of Edward the elder, eight of the paternal and four of the maternal kindred formed the Wcr-horJi — a division as general amongst the Celts as amongst the Teutons — though the paternal relatives were alone entitled to the Halsfang on * Tac. Germ. 25. Cccs. de B. G., probaverit. Ante hoc a'lyw?/^' pars viden- L iv., c. I; 1. vi., c, 22. Digest., 38, tur, mox reipublicce," c. 13. Where 12. "Domus officia vixor et hberi the donor of the amis was not the exsequuntur," are the words of Taci- natural Ealdor, whether "princeps tus. This period of ser\ace was pro- pater aut propinquus," but a chosen bably ended by the assumption of arms Ealdor, the recipient became a mem- on arriving at a certain age, " sed . . . ber of a Comitatiis instead of a popidus non ante . . . quam civitas sufifecturum — a Gesith instead of a Lend. THE KIN. 313 the ground of their being " binnan cncowc" — intra genu, or within the degrees of blood relationship.""" A vicrg-borh of this description was essential to the Liber, or comj^lete Freeman ; hence probably the reason for retaining the Freedman and his immediate descendants in the inund- borJi of the patron, state, or king ; for though in early times the Denaidalis held his mansus " as freely as any Frank," three generations of freedom were obliged to pass away before his descendants acquired hereditary right, as it was only the third in descent who could have a free inceg — whose iineles were freemen."f* The same principle continued in force under the system of tenure by military service, and as \\\q jus hcEreditatis — allodial or odal right — was only acquired by three descents of freedom, so in the eleventh century, none without three descents of military service were entitled by imperial law to the jus benejiciale.\ Nor was it confined to allodial and military tenure ; it was equally applicable to the ignoble and servile classes, giving "native right" to all who were attached to the soil. Thus amongst the Cymri, after the lapse of three genera- * Ed. and Giith., 13. A similar landed property amongst the Anglo- limit is traceable in the law of succes- Saxons was limited to heirs male ; but sion to allodial property amongst the the whole passage refers to Bocland, Franks, which, failing direct heirs, which passed according to the will of passed to the parents, brothers and the first holder, and Alfred expressly sisters, aiinls, and then to the next of alludes to the directions of his grand- kin on the paternal side. Lex. Sal., lit. father Egbert. From the general 62. Lex. Rip., tit. 56. The prefer- absence of allodial tenure, however, ence of aunts to imcles confirms the amongst a Gesithcund class, the suc- remark of Tacitus about the fondness cession was probably in most cases of the Germans for their sister's chil- hmited to the " spear-side." Amongst dren. The Salic law was only appli- the Israelites the limit of " the kin that cable to Salica terra — Seleland — the is near" seems to have been very much royalgrant, whether Benefice or Frank- the same as amongst the Germans, alleu-noble, the older custom lingering Levit., c. 21, v. 2, 3. A^'iivib., c. 27, in Champagne, where to account for v. 8 to 11. the anomaly of land passing "to the t Capit. Carl. Mag. ad an. 803, spindle-side" in the feudal era, it was sec. 8, 9. {Cane, vol. 2, p. 320.) attributed, though probably only a Ducange (Hetnsc/iel) in voe. Man. per relic of the old allodial custom, to the Den. great loss of the Champenois at the J Lib. de Ben. 4, 5. (Cane., vol. battle of Fontenay. A passage in 3, p. 113.) " Omnes qui non sunt ex Alfred's will is sometimes quoted in homine militari ex parte pafris eorutn support of a theory that succession to et avi jure carent bencficiali." 314 APPENDIX F. tions, the descendant of the original Alltnd — or alien unentitled by right of blood to share in the district — was reckoned as a Briodivr, acquiring "native right" in the district from which he was henceforth irremovable, \\ith a claim to an equal allotment of the land with the rest of the " vicinity," and a joint proprietorship in the family house* A similar principle is equally traceable in England and Scotland, accounting for the numerous servile pedigrees in Anglo-Saxon and Scoto-Norman charters. This intimate connection between descent and " right of blood," though it is best illustrated by the example of the Germans, was very far from being confined to any one nation, and the "three generations" necessary amongst the Massiliotae to qualify the citizen of alien origin for admission amongst the TiiJ^ovy^oi, point to the existence of a principle well known, probably, and prevalent in many quarters besides Marseillcs-f- — a principle acknowledged amongst the Romans in the days of the Libert its, Liber- timis, and Liber, and particularly observable amongst the chosen descendants of Abraham. Three generations, by the Mosaic Law, qualified the descendant of the Egyptian or the Edomite to " enter into the congregation of the lord"— and the limits of the Hebrew and the Teutonic mcBgs appear to have been identical — but not even in his tentJi generation, not even after six pure descents had eliminated every taint from the blood, could the descen- * Leg. Wall. {IVoollon), 1. 2, c. i, the lord was entitled to deprive the sec. 72; c. 16, sec. 10 ; c. 17, sec. 7, delinquent of all he possessed except c. 18. The Scottish serfs were either iour pence, and to />ull /z/s fiose m open "nativi de avo et proavo" — for as the court ! Hence, perhaps, the indignity l/iirel was the first to bequeath, so the attached to pulling the nose, as a fourth in descent was the first to inherit method of claiming a runaway serf, "right," whether free or native — or {Qiion. Attach., c. 56.) The form aliens, removable at will, who in pro- " Brachium in collum posui et per cess of time might become "inborn;" crine7)i capitis mei coram praesentibus or the "liber homo" who in open hominibus tradere feci," with an addi- court gave himself up "per crines tional allusion to "discii^lina super auteriores capitis." Pulling the fore- dorsum meum" occurs in Form. Bign. lock is still a species of salute veiy 26 (Cane), so that the custom may prevalent amongst the peasantry. If have been a feudal innovation in Scot- the latter kind of serf afterwards denied land . his servitude and his lord proved it, + .Stral'o, 1. 4, p. 179. THE KIN. 315 dant of the Moabitc or of the Ammonite be reckoned as a child of Abraham ; a prohibition interpreted by Nehemiah to mean total exclusion, and exactly tallying with the ex- pression supposed in the north to indicate undying enmity — "hatred till nionde knee" — to the ninth degree; with the words, scarcely needing translation, in which the northern St. Margaret is supposed to have formally renounced her kindred, " al my kim I forsake to the nithe knc ;" and with "the nine degrees of kindred" within which all connected with an Earl of Fife might claim the privileges of the Clan MacDuff. So thoroughly indeed were the Israelites impressed with the necessity of pure descent, that it was carefully handed down to posterity that Noah, the common ancestor of all the later race of men, was " perfect in his generations," in order that no taint of antediluvian serf or alien might linger upon the blood of their father Abraham* * Dc'ii/., c. 23, V. 3, 7, 8. Xe/i., c. 13, V. I. Gcii., c. 6, V. 9. Ikre in voc. KiU€. For the " Lex Clan Mac Duff," vide I Hues' ^^ Sketches,'''' etc., p. 215. TeXetos kv ry yeveq. avrov, is the rendering of the passage from Genesis intheSeptuagint. Fecea means "birth, descent," and is especially used by Homer for tiod/e birth. Ek yeveris " ac- cording to rank;'''' yeverjs km aifiaros "of birth and blood." It was also ap- plied to the hvec/ of horses. TeveaXoyia, the science o{ pedigree. TeXetos implies perfection or completeness of a physical rather than of a moral character. TeXetos iiriros, a full-grown horse, opposed to TTwXos, a colt. TeXetos dvijp, pater- familias, the Gaelic Lanai)iai7t, or coni- pleie man ; for the married state was regarded as complete or perfect, and the 5o;u.os i]fj.iTe\7]s was the /wperfect, or widowed house. That the Septua- gint translators understood it in this sense is evident from their rendering the word in Gen., c. 17, v. i, which is "perfect" in our version, and "per- feclus" in the Vulgate, not by reXeios, " physically perfect," but by dixe/xTrros, " morally blameless." The word for Yecea in the original Hebrew is DorotJi, the plural of Dor, which in the singu- lar, like its equivalent "generation," maybe explained as "the contempo- rary generation," or " men of the same age;" but it is impossible to extract such a meaning in either case from the plural, nor is Doroth ever met with in such a sense in any part of the Old Testament. By changing one adjec- tive for another, and substituting a singular for a plural, modern commen- tators may explain the passage in ques- tion to mean "upright in his genera- tion ; " but such is not the meaning of the words as they stand, nor did the compilers of the Septuagint understand them in such a sense. TeXetos ec rr^ yevea avrov, whether applied to man or horse, can only mean ' ' thorough- bred;" and the great value of the Septuagint consists in its being ' ' the authorized version" 2000 years ago, when the Jews were a people, living strictly by the Mosaic code, and its compilers were thoroughly impreg- nated with the ideas of the time. It is 3i6 APPENDIX F. The Ma;g lay at the root of perfect freedom, and none without it could attain to allodial right; but the " Odaller" of early times was not identical with the "Odalsmand" of later days. Every " full-born" freeman could claim allodial right, but the Cyn was the source of nobility, and originally only the man with a Cyn, or gc}is, was the "gentilis homo" — the gentleman. Nobility of this descrip- tion was inseparably connected with descent — with descent from the gods in the old heathen times — inalienable from highly probable that Mr. Thorpe, and other Anglo-Saxon scholars, could render Beda's History into excellent Anglo-Saxon; but it is extremely doubt- ful whether without the assistance of the old Saxon version, they would translate posscssio by bocland, familia by /lyde, comes by gesilh, or 7)iilcs by cyninges-thegit. Who in the present day would translate the English tenant by the French hoste, the corrupted form of the old Latin hospes? So in rendering the original Hebrew into a Greek version, the compilers of the Septuagint are far more likely to have preserved the ideas of a bygone period, than the most learned commentators of comparatively modern times, whether Jew or Gentile. The author of the Saxon version of the Old Testament seems to have had no difficulty in understanding the true meaning of the passage, which was quite in accord- ance with the spirit of an age in which it was a Canon, "ut ingenuus cum ingenua conjungi debet ;" for he renders it "fulfremed on his viccgthiiDi^'''' per- fect in his 7-elationships. In the well- kno\vn passage in Isaiah (c. 53, v. 8), even though the Hebrew Dor is in the singular, yet Justin in the second cen- tury seems to have understood its equivalent Yevea in the meaning of "descent" rather than " contemporaiy generation." In the following passage for instance, 'Lva. 5e ixrqvvay} tijuv to 7rpo TTvevfia, oti 6 Tavra 7rac7%wv dveKdiriyijTOP ^x^' ^^ y^fos .... ^ei\eT€, 6ti ovk iari yivovs dvOpwirov awipixa. And in another chapter, after again reciting the quota- tion, he adds, ovbhs dvOpuTro^ Civ i^ dvOpwiruiv dveKSir/yrjTOV ?xet t6 7^i'os. (ynst. Mart. Apol. /., c. 51. Dial, cjim Tiyp/ioiie, c.68, 76.)^ Had Tiypho understood yevea in the sense of " con- temporary generation" it is very evi- dent that the foundation of Justin's argument would have been overthrown ; but he does not dispute the meaning of " descent," nor does the Jew of the second century appear to have been familiar with the peculiar application of the prophecies adopted by the Rab- bins of a later age. Without some conception of the universal and deeply- rooted feeling m the ancient world, connecting the priestly office with un- blemished descent, it is impossible to realise the full force of the expression dyeveoKoyrjTos — without the necessaiy descent — applied to Melchisedec in the 7th chapter of the Hebrews, aimed expressly against the principle of an inherited priesthood, confined to pure blood alone. Yet St. Paul himself was no leveller of obscure origin, but by birth a Roman citizen and "a Hebrew of the Hebrews" — a gentleman "per- fect in his generations." THE KIN. 317 "pure blood," and not to be conferred either by community or king. None could be deprived of it except through taint on the blood ; hence the terrible severity of the earlier codes, not excepting the Mosaic, against all offences entailing such contamination ; and they little appreciate the spirit of Caste, inherent in all the populations of the heathen world, who represent a conquering race as mingling their blood at once by intermarriage with the conquered. Generations passed away before the noble of Visigothic ancestry was allowed to intermarry with the noble of Roman origin, though the two races seem always to have been on a footing of comparative equality ; whilst the interdiction evidently remained in full force to a later period amongst the fierce northern races, who held the Roman and the WcalJi as inferior beings, for as late as the Carlovingian Capitularies there were rules laid down for the Laiv by which the children of such unions were to live, whether Salic or Roman. Amongst the haughty Anglo-Saxons it passed into a canon of the church " ut ingenuus cum ingenua conjungi debet."* The regulations which are now regarded as the half exploded formularies of heraldry were once stern realities. The children of the free-born were of three classes, the issue of the marriage of free-born parents being Full- born ; of unmarried parents, Illegitimate ; and of a con- nection between a freeman and a slave, Servile. No marriage could exist between the Servile and the Free, the degradation of a free-woman being atoned for in early times by a fearful death, which was latterly commuted into the hopeless servitude of herself and her children. Thus was the blood purified from taint, and the rotten branch severed from the parent tree. The Illegitimate shared to a certain extent in the property, but not in the "pure blood;" whilst the Servile, if freed in the public Moot^ Mall, or Thing, became entitled to the portion which was then assigned to them.-f By old Saxon law a * Capit. Thcod. Frag. T/iorpe, vol. amongst the Lombards in 643, and 2, p. 76. they will also be found in the northern codes. Edict. Roth., c. 153 to 157. t Such were the regulations in force ^Hist. Pat. Mot.) 3i8 APPENDIX F. Sccpcnbar man — one who was qualified to fill the office of Scabinus, which could only be held by the Mcliorcs Pagcnscs, the Dons Gcnr:, Prcud Iwinmcs, or "good men of the country" — could not challenge his compeer unless he could enumerate his" Vicr Anen'' 2i\\(\ his " Hant-^s^cjual ;'' his full-born grandfathers and grandmothers, and his "family association."* Failing in this, the other might decline the combat, for he was not his equal in blood. Both were in other respects on a similar footing in the eye of the law ; both were men of property and standing, Sccpcnbar, and free-born yEthclings or Odallcrs ; but in the language of an earlier period, one was Eorlcund and the other Ccorlcund. The Eorlciuidman was originally the "full-born" /Etheling, "perfect in his generations;" the Ccorlciindniaii, he who was not full-born, or whose blood had contracted .^omc taint, or who was " imperfect in his generations." The first Liber in the family was the son of a lAbcrtinus, so that the first "full-born" free- man was in the fourth degree, and the first who could count his Vicr A?icn, his full-born grandfathers and * VVachUr in voc Schoppenhar. The Lat. The I/nnt, or hand, often meant Vier Atien is explained in the follow- the Micf;, or Cognatio, and, as Hans, ing passage from the Latin version of gave a name to the IFansealic League the " Sachsen Spiegel." "Si qui in of associated towns. The Teuton quatuor suis generationibus, hoc est ex reckoned his kindred by joints, the duabus avis et duabus aviis, ac patrc et first degree, or man and wife, being matre, indiffamati juris est, ilium in the head ; the second, or children — jure suo nemo infamare potest." Pure the first in the Roman method of count- blood thus gave " right." The neces- ing — the shoulder-joint; the third, the sityofthe Vicr Anen is equally trace- elbow; the fourth, the wrist ; the fifth, able amongst the Franks, he who was the first joint of the middle finger ; the claimed as a coloniis, and asserted that sixth, the second ; and the seventh, the he wxs ins^cHuiis, being bound to prove last joint nearest the nail ; kinsmen in his father and grandfather ingeniii on the seventh degree being known as both sides, by the oaths of the usual na^el-maqcn, nail-kinsmen. The older eight of his paternal and four of his Miig was evidently comprised in the maternal kindred; or if his kindred Hand, and the Hanl-gemal — hand- were dead, by the oaths of "duodecim association — probably meant the band Francos Salios .... tales qualem se of kinsmen who were bound to come esse dixit" (Form. Marc, Ap. 2, 4, forward as the W^-^^r//, compurgators, Cane.) It would seem from this that and on numerous other occasions. he who had not his Vicr Anen, and was IVachtcr in voc. Ilanl and Sipzal. not in the mitnd of an overlord, lost his I/ire in voc. Na^el-ma_t;en. "right" in early times, and became a THE KIN. 319 ^grandmothers, in the sixth. As for a free Ma'g three, so for a Cyn six generations were necessary, and he who had these six generations pure and perfect — if every member of his Cyn could count his " full-born" ancestors — had attained to the highest degree of nobility in an age in which pure descent gave a title to land or office, but in which neither land nor office could confer nobiiit}'. Wherever there was a " kingdom," wherever the duties and privileges of the elected magistrates of a community were centred in a reigning family, nobility was derived from the same source, and the maxim of the Visigothic law held good, " ingcnita libertas gratia doiio fit nobilis." A kingdom invariably implied the existence of a Gesith- cund class, the Gasind, Antrustion, or Comes, sometimes standing side by side with, but invariably replacing, in course of time, the earlier Korlcundman, whilst the Lo'i/ or Benefice, the reward of military service — the equivalent of the war-horse, the franica, and the largce cpitlcc of the days of Tacitus — equally supplanted the earlier Allod. With the establishment of the princii)lc of military service the Liber sooner or later sunk to the condition of a Ro- tiiricr, differing but little from a Led, and no longer able to rise into a higher class by purity of descent, but only by military service and royal favour. Such a change was always viewed with aversion by an allodial population, peopling Iceland and the Ih'itish Isles with discontented Odallers ; the results of its introduction amongst the Conti- nental Saxons being visible, apparently, in the rising of the Stcllingas, who claimed t(^ live "by ancient custom." When the Odaller, or the Roturier, received a benefice in early times, as in the case of the Lait or serf who attained to freedom, a similar number of generations were required by Imperial law to elapse before his descendants acquired hereditary right, until the royal charter, in a still later age, conferred at once, by " royal grace," the rights of hereditary descent which could at one time only be attained by the slower " ingrowing" process of EnipJiy- tcnsis. The law of the Benefice was in full force at one time amongst the Anglo-Saxons, and, after the Thegn 3 20 APPENDIX F. replaced the Twelfhyndman, though the Ceorlcundman could acquire " Thegn-right" by a benefice of five hydes, it was only by the ''ingrowing" process of descent that his race became Gesithcund — enjoyed the Jus Bcncficiale — whilst the remark that the Thegn could " thrive to Eorl-right" points to the original connection between descent and " right."* Whilst land was plentiful, and divided " secundum dignationem," the man oC long descent was entitled to the largest portion, and probably received it; and this qualification for "the prerogatives of an Eorl" evidently attached to pure blood and descent, long after it was in the power of the crown to grant land and dig- nities at will, though it latterly did not necessarily entail the grant of land. A clergyman in priest's orders is at the present time qualified to hold any "Benefice" from a rectory to a bishopric, but it does not necessarily follow that he attains even to the incumbency of a perpetual curacy. The perfect Cyn, therefore, still conferred the highest rank amongst the nobility which was composed of the military followers of a king, and, generations before the rise of Heraldry, the same pure descent qualified the noble for the rights and prerogatives of the highest class of nobility — he belonged to a family which in Anglo- Saxon phrase had "thriven to Eorl- right "^which in a subsequent age entitled him through his Quarterings to be enrolled amongst the highest orders of knighthood. Five degrees completed the Cyn amongst the Franks and their confederates, the Angles and Werns of Thuringia, and as the first Antrustion was not " full-born," the Frank noble of a later age was called upon to prove three descents of unblemished ancestry, he himself completing the fifth from the first acknowledged ancestor, and thus * No7-th people's Law, and Ranks, fice, not an Allocl. Eight such Bene- It is spoken of as the principle of a fices — forty hydes — seem to have been bygone age — "it was ivhilom the cus- at one time tlie portion of the noble tom" — when descent alone conferred claiming "Eorl-right." Vide note on nobility ; and in each case the Ceorl the passage. The recollection of the and his immediate descendants were to old custom is still perpetuated in the thrive to their five hydes, not to in- English proverb, "it takes three gene- herit them — they were a L(rn or Bene- rations to make a gentleman." THE KIN. 321 show his title to eight Ouarterings. The Cyn amongst the eastern Germans required another descent, extending over the sixth degree,—" BeneficiaHs clypeus a trge de- scendit et in scptimo deficit/' though in the Allodial period it only reached to the fourth, as in the case of the Sccpenhar Saxon, " olini observatur ad quartiun"^ — and accordingly the German noble was required to ascend a step higher than the French, and prove his title to sixteen Quarterings. Roman law prevailed in Italy, and as the Patrician of the Empire was required to show a perfect Cognatio of six descents of pure blood from the founder of a family before he could aspire to be Gentilis, the Italian noble was bound to prove himself a member of such a family, but only to show fojir Ouarterings. In Spain, where not a little of the old Teutonic freedom lingered before the sixteenth century, the Hidalgo was only called upon to prove his Vier Ancn, and also to show four Quarterings. In these heraldic regulations of a later age, now fast becoming obsolete — when " the six Houses," extended by some Heralds to nine, " to the nithe kne," marked the degrees of consanguinity — the shadowy reflection of a bygone state of society may still be recognised, in which the royal person was not yet "the fountain of honour," and when land was granted "se- cundum dignationem," such rank, dignatio, only being acquired by descent. The pedigree was then the actual title-deed, qualifying the man of pure blood to hold that station, and to claim those privileges, amongst his fellow freemen to which his descent alone entitled him ; and when a taint on the pedigree, a blot on the escutcheon, entailed the actual forfeiture of station and prerogatives.-f* In a certain stage of society, all beyond the limits of the Seniors immediate kindred lost their title to share in the joint property of the family, a principle which would * Lib. de Ben. 2. Fetid. Const., 1. sion to the Order of St. John of Jeru- I, tit. 8, de successione Feudoriiin. salem from Vertot's Histoiy of the (Corp. Jiir. Civ.) Order. They will be found in "Burke's Vicissitudes of Families" imder the + I quote the regulations for admis- heading "Seize Quartiers." VOL. II. V 3 22 APPENDIX F. appear to have been partly the result of fixity of tenure, and partly of primogeniture ; and out of this regulation may have arisen that division into three classes which is observable amongst so many of the earlier Germanic com- munities, and more particularly amongst the Welsh, The Aclodcu with the latter people was the equivalent of the older German Mceg, extending ad qiiartmn gradttm, all beyond the limits of the Aclodcic of a Pencynedl ranking as Breyrs, whilst all who passed out of the limits of a Breyr's Aclodcu were reckoned as Boncddigioii. A simi- lar threefold division is observable amongst the Goths, the Burgundians, and the Alamanni, the Mcdiocris of this period, like the Welsh Breyr, answering, apparently, in many respects to the Alcsnc-tcnant, or V^avassor, of a later age, though upon the Allodial principle, for there are no traces of the Imperial Benefice a rcgc dcsccndens where this threefold division is observable. A similar principle seems to have once existed in Scotland, to judge from the regulations still in force in the twelfth century, where the Thane or Tighern, standing in the position of the earlier Ccn-cinneth, with his sons, grandsons, uncles, and nephews, answered to the Primus and his Mceg or Cyn, the Pencynedl, and his Aclodcn ; the Ogtiern holding under the Tighern resembled the Mediocris or the Breyr, whilst the equivalent of the Boneddig was reckoned, after the charter marked the freeholder, like his type the Ceorl amongst the Villeinage.* This division of ranks is not observable amongst the Continental Saxons, and it is very doubtful whether the SixJiynd class amongst their island kindred was not confined to the Wealli holding by military ser- vice ; nor does it seem traceable amongst the Bavarians, with whom the spirit of Caste was evidently very strong. The gradations of the Frigiven mand, his son, and the Bonder, mark the prevalence of the usual " three genera- tions" amongst the Northmen, who also exhibited the latest example of the old Allodial Eorlcundman in the Holdr. The sixth inheritor of an Odal property ranked, indeed, as an Odal-Bonder, but it was only the sixth * Vide Wergilds ; and Wootton, 1. i, c. 4; 1. 2, c. 12. THE KIN. 323 inheritor of Odal property through the maternal, as well as the paternal, kindred, who was reckoned as a Holdr " perfect in his generations," and a type of the old nobility by pure descent * The same six degrees comprised the limits of the Norman McBg, or Cyn, in the Tenure par parage — in both cases, probably, as amongst the Germans, an innovation upon the earlier Mceg " ad quartum gradum" — the eldest-born, or Senior, representing, apparently, the Jarl or Holdr of earlier times amongst his kindred, all beyond the Mesg or Cyn becoming Odal-Bonders, and holding under the later system by homage instead of fealty, like the Ogtiern under the Tighern — as tJie men instead of the kindred. This was the class of Odallers whose types in the English Danelage were the Land- agende men, or Odal proprietary, who by the extension of the princij^le of Hlaford-socn, or Commendation, over the Anglo-Danes, were converted into Socmen. The Northmen did not acknowledge the principles of Roman or Imperial law, and accordingly, in this part of England, instead of a Gesithcund class all holding by military service and separated, as on the Continent, by a wide barrier from the Rotiirier class, the Ealdennan, and the Yoong man, the Senior and the 'Junior, appear as the equivalents of the Saxon Thegn and Less Thegn ; whilst out of the recognition of Socage tenure, of which the prin- ciple, ignored by the Saxon, was perfectly familiar to the Norman, arose a proprietary class, somewhat resembling * Dahlman. Geschkhte von Dlinne- attached to the Holder'' s land were for- viark, vol. 2, p. 293, et seq. Amongst feited by accepting it. The principle other peculiarities lingering in the north which recognized the transfer of privi- which desen'e a passing notice may be leged land for a religious purpose of mentioned the Brande Erbe, or land this description, must have much facili- left for the performance of funeral rites tated those early bequests of land to — in heathen times for burning the the church in Fraiik-almoigne, which body — and bequeathed by the kinless, followed so closely upon the conversion or heirless, man to the friend who of all the people of northern descent, pledged himself to perfonn the duties and which may be traced to the same of an heir. An inheritance of this de- anxiety which the votary of Thor and scription was not regarded as newly Odin displayed for the care of his body, acquired property, but blended with transferred in the case of the Christian the rest of the Odal-land on a similar convert to his soul, footing, so that none of the privileges 324 APPENDIX F. the northern Bonders, Freemen and Freeholders, though not holding by military service." Any observations about the state of society at this early period would be incomplete without some allusion to the old law of marriage, which appears to have been once prevalent, not only amongst the populations of Germany and the North, but amongst Jews, Greeks, Romans, and Celts, and probably, therefore, was more or less universally acknowledged. In all early stages of society a sum of money, or its equivalent, seems to have been paid, not by the kindred of the wife, but by the husband or his family — a horse and arms to be handed down to her son was the dowry of the German wife in the days of Tacitus — and if the reason of this custom may be conjectured from * Three classes are traceable in the Danelage, the King's Thegn, the Land- agende man, or land-owner, and the Cyrl, or Fur-heiia — the "adscriptus glebce," apparently, who could only remove by permission. In one of the Latin versions of Canute's laws these classes are described as Liberalis, Homo allodium habens, and Villanus or Cheii- man; e\adently the equivalents of the Lsensman, the Odal- Bonder, and the Land - Bu, amongst the Northmen. In the Forest Laws they appear as Liber- alis or Ealderman, Mediocris or Yoong- man, and Minutus or Tineman. In Canute's time the Medial Thegn was unknowai amongst the Anglo-Danes, the three heriot-paying classes being the King's Thegn " who has his socn," the greater King's Thegn " who has further relation to the king," and "he who is of less means," answering to the holders of more or less than six manors in Domesday. This is in strict accordance with the principle in force throughout the Scandinavian kingdoms, that all the Liberalis class held directly of the king ; and as half the Lah-sUt, which in the case of the Liberalis went to the king, in the case of the Land-agende man went to the Land-rica, or over- lord, it is evident that all who were not Tenants-in-capitc, or Ealdermen, passed into the ranks of the Yoongmen, form- ing that class of which the nucleus was the Odal-Bonder, an offshoot originally beyond the limits of the Holdr's kindred, converted, by the necessity of Hlaford-socn to a Land-rica, into a Socman. It is the Anglo-Danish prin- ciple, confirmed by the Norman Con- quest, which is still in force, all but the Ealderman, or actual holder of the rank conferred by royal authority, pass- ing at once into " the Commonalty" — a principle all but incomprehensible to foreigners — and from the prevalence and development of this northern principle has arisen a class unknovra upon the Continent, and equally un- traceable to Anglo-Saxon institutions, "the gentry" blending insensibly with both extremes of the social system. The untitled landed gentleman of ancient family bears the closest resemblance in modern times to the allodial Eorlcund- man, and his equivalent will be found, not in the Continental noble, but in the Scandinavian Holdr \^N. P. L., 48 to 54- Const, de Forest., 2-4, 21. Ed. and Gtdh. 2, note A. C. S. 72.) THE KIN. 325 the Anglo-Saxon laws, it may have arisen from the kindred of the wife, and not those of her husband, being answerable for the penalties she might incur/* A woman in ancient times was supposed to be always in a state of tutelage, or, to use the Germanic expression, "in the imind-borJi" of some one; and it is remarkable that the relation in which Eve stood to Adam is described in Genesis by the identical expressions which are applied to the position of Abel under his elder brother Cain — the position of a junior or subordinate member of the family. She was known amongst the Germans in her unmarried days as a " McEgtJi- inan" maiden, or person under the protection of the whole Mceg or Cognatio ; and in the age in which the German knew of no domestic attendants to undertake the " domus officia" except his wife and children, when the McsgtJi-nian became a " Wif-man" she merely transferred her " services" to another Hird, and was placed in the Mund of another Hus-boiid, or householder. The Israelitish woman in the Mosaic age appears to have been on a very similar footing, "going out into the service of her master," but not as a bondmaid — as a famnla, not as an ancilla — not to be sold in case " she pleased not her master," but to be redeemed or repurchased at the option of her kindred ; or if her master took another fannila and neglected to provide the " unpleasing one" with food, clothing, and her hiiiXno. — the equivalent apparently of the German viorgcn-gifa and the Welsh Cozvyll — she might return to her kindred without redemption or repurchase. It was probably, therefore, to secure the continuance of the protection of her own kindred to the M(^gth-man, after she had become a Wif-man, that her own McBg, and not that of her husband, was generally responsible for her.-f Hence tJic doiury long p^nstituted * Tac. Germ., c. i^. Edin.B.,']. be called by thy name." They do not offer to resign their remaining right — t Exod., c. 21, V. 7 to II. Isaiah, the ofxiXeM — evidently because it was c. 4, V. I, evidently alludes to this the test of marriage. The Israelitish right to their food and clothing from dowry was fifty shekels in the Mosaic their "master." "And m that day era. According to the Scholiast ad seven women shall take hold of one Medeam 236, Greek husbands in the man, saying, we will eat our cnun bread Heroic age " bought their wives," i.e. , and wear our owtt apparel, only let us paid a dowry for them. 326 APPENDIX F. the test of marriage, the children of the free but undowered wife, who had a certain recognized position amongst the Greeks and Romans as the Hetaira and Concubina, being free but illegitimate. They were not " full-born," and con- sequently unentitled to the "right of blood," though not disqualified for "free- right" — not a little resembling, in some respects, the issue of a morgenatic marriage at the present day. At the close of the fourth century the older theory was still in force amongst the Christian population of the Roman empire, and from the words of Ambrose, " Si quis desponsata sibi et tradita utatur, conjugium vocat .... cum ipsum conjugium velamine sacerdotal! et benedictione sanctificari oporteat," it is evident that the great archbishop considered the marriage legalized and completed by the " desponsatio et traditio," and rendered holy and christian by the "velamen et benedictio."* The progress of Christianity, however, gradually removed this principle from Roman law, and accordingly, about a century and a half later, it was laid down in the Novellce that " nuptias afifectus alternus facit, dotalium non cgens anginento ;" but it was far too deeply implanted in the Germanic mind to be easily uprooted, and three centuries after the reign of Justinian it was enacted in the Capitularies of the Frank kings that "non fit conjugium nisi ab his qui super ipsam feminam dominationem habere videntur .... uxor petatur .... et Icgibiis dotcUtr" "Traditio et dotatio" still constituted "conjugium," and in the marriage regula- tions laid down in the tenth century by Edmund, when Anglo-Saxon England was being assimilated in many respects to the empire, the presence of the "mass-priest" is enjoined, as of old, to sanctify rather than to legalize the union ; and a marriage solemnized without the dowry would have still entailed the taint of illegitimacy upon the offspring.*!* * Ambros, ep. 60, sec. i; ep. 19, their successors! Amongst the "Formu- sec. 7. laries" is the following, "non est in- + Novell., col. 4, tit. I, c 3. Capit cognitum quod femina .... bene in- Reg. Franc, 1. 7, c. 463 (Cane.) The gemia ad conjugium sociavi uxore, sed "traditio et dotatio" are derived in .... chartulam libelli dotis ad earn, the capitulary from — the apostles and sicut lex declarat, minime excessit THE KIN. T,2 7 The necessity of purchasing and endowing a wife implied in the husband the possession both of freedom and of property, or the permission of his lord. Con- sequently marriage could not exist amongst the servile classes, who were looked upon as cattle or " stock," and joined or separated at the pleasure of their owners. If the Hebrew servant received a wife from his master during the period of his bondage the connection ceased when " he went out free."'"' Even if an ancilla were purchased and enfranchised — and it is extremely doubtful if she could be made free — she had neither j^^^ nor "jus hereditatis," and as the " traditio et dotatio" could not be carried out, her children must necessarily have been illegitimate. Hence the fallacy of all those theories which describe the con- querors and conquered as at once intermingling their blood in marriage. Hence also the inability of the GcsitJi in early times to contract a marriage as long as he was an actual member of his lord's Hird, for he required a benefice before he could endow a wife ; and Beda, in deploring the abuses of his age, enumerates amongst the evils resulting from over-lavish grants for nominal church purposes, the impossibility of finding lands for " the sons of Gesithcund- men, and of King's Thegns who had served their time," lamenting the consequences of tJicir inability to marry froiii this catisc-^ The A mas, or Ambact, amongst the facere, itnde filii met seaindiim legem a bondwoman— widely different from iiaturales appellantiti-r Form. A^t. ^'j, the stern law where a freewoman was (Cane.) 60, [Liiid.) There were two concerned. She "paid with her hide," payments necessary to constitute a and he made atonement by offering a legal marriage, which appear in the ram, " because she was not free." No Burgundian laws (tit. 14, sec. 3, 4; tit. taint was cast upon "the pure blood," 66 and 69) as tne Wittemon — the so the crime was comparatively trivial. ^/;/;/(/-7wVt? apparently, or sum paid to (Levit., c. 19, v. 20-2.) \\\ Digest, 1. the relatives for the Mundo'i their kins- 23, tit. 2, c. 3, it is observed that there woman — and the Morgen-gifa, " quod was no law to prevent a Freedman from mulier ad maritum veniens erogat." marrying his otun mother ! Amongst * Exod., c. 21, V. 4. The wide heathens, in fact, the only law for the difference between the free and the un- servile and dependant classes was their free, even amongst the Israelites, is master's will. Hence, perhaps, the nowhere more perceptible than in the proverbial character of the Libertine. punishment for a breach of the seventh commandment between a freeman and + Bed. Ep. ad Egb., sec. 11. 328 APPENDIX F. Gael was evidently in a similar position, for the old poem of Cenfaeladh in describing the arrival of Gollavih, or Milesius, in Ireland, classifies his followers under the heads of the Lan-amain — the complete, nXmg, or married, man — and the Anias, who, from being thus contrasted with the complete man, must have been evidently, like his type the Hirdnian, incoviplete, and incapable as an Ainas of marriage * The McreJieta, or fine paid to the lord by the tenant on the marriage of his daughter, is probably traceable to the same principle ; for, as he possessed no real property, it was only by his lord's permission that he could enter into the stipulations necessary for contracting a marriage, and for this permission he paid the mercJieta. In short, as amongst the strictly servile classes marriage was scarcely a permanent bond until after the lapse of many generations of Christianity, so amongst the dependant freemen it could only be contracted with the permission of their lord, this control of the overlord penetrating deeply into the feudal system in many other ways, which it would be needless to enumerate. The dowry amongst the "full-born classes" was in land or inheritable property, descending to the children of the marriage, which will account for many of the diffi- culties in the way of mixed marriages which, in a certain state of the law, must have been all but impossible. The population of the old Roman provinces, the invaders and invaded, lived for centuries under different laws. The Roman could not hold Frank-allodial land, nor the Leud a benefice of Fiscal-land, nor the Antrustion pure Allod ; and until a change in the laws of marriage, or of tenure, the barrier against alliances between these different classes must have been all but insurmountable. Under ordinary circumstances the dowry would be preserved in the family of the husband by descending to the children of the mar- riage ; but it was the absolute property of the wife, and in default of issue by her first marriage, if she married again * The poem is quoted in " Connel- mean "in the presence of," i.e., an lan's Dissertations on the Irish Gram- attendant. mar," in which Amas is explained to THE KIN. 329 and had children, the property of the first husband would descend to the children of the second, and thus be lost entirely to the family of the original possessor. The wish to prevent such a contingency, to preserve the property within the original family, was the probable cause of the prevalence of those marriages with a step-mother, or with a brother's widow, which seem to have invariably scan- dalized the Christian missionaries on their first contact with Germanic paganism, and which a laxity of discipline had again allowed amongst the Scottish Gael at the time when Margaret endeavoured to reform the Culdee church* Nor were such unions peculiar to the people of Germanic or Celtic race alone, for they were widely prevalent in the heathen world, whilst in Christian Egypt, marriage with a brother's widow seems to have been tolerated under cir- cumstances which are only capable of explanation on the supposition that the property, rather than the person, of the widow was the object in view.*|* All such marriages — "the marriages of Egypt" — were strictly prohibited by the earlier Mosaic code, the brother's wife being amongst the forbidden connections, the relaxation of this restriction in "the second law" — in which it is laid down that " if brethren dwell together (in joint occupancy) and one of them die and leave no child, the wife of the dead shall not marry w^ithout unto a stranger, her hiisbajid's brother shall take her to him as a wife" — being dictated apparently by a desire of preserving the inheritance in the original line ; that, as in the case of the marriages of the daughters of Zelophehad, " so shall not the inheritance of the children of Israel remove from tribe to tribe," That the dowry of the Israelitish wife was in land, or charged upon the land, and that she had a claim upon the inheritance of her husband's family, may be gathered from the history of * Bed. Hist. Ec, 1. I, c. 27. Ep. mansisse virgines dicebantur, arbitrati Bonif. ad Zach. Labbe, vol. 12, p. scilicet, cum coi-pore non convenerint, 314. VidevoX. I, p. 149, n*. nuptias non videii re esse contractas." + Codices, 1. 5, tit. 5, c. 8. "Licet It would be difficult to assign any reason quidem^gyptiorumidcircomortuorum for such niamages except the desire of fratrum sibi conjuges matrimonio copu- retaining the property of the widow in laverint, quod post illomm mortem the husband's family. 330 APPENDIX F. Ruth, whose husband's nearest kinsman was willing " to redeem the land" from Naomi, but unable to redeem it from Ruth also — to buy out her additional claim on the property — and Boaz accordingly bought the whole pro- perty, including the "purchase" of Ruth, as a wife." The theory of the M(2g, and of descent, seems so thoroughly to have impregnated the Germanic system, that its influence is even traceable in the western church as soon as the Germanic element began to have a prepon- derating influence. The priest was originally estimated according to his birth, nor was it until after the connection of Charlemagne with Italy that the clerical order, un- noticed in the earlier Salic law, ranked with the nobility of the land ; and when the novel system jDcnetrated with other imperial innovations into England, it was carefully laid down that " on account of the seven orders which the Mass-priest has through God's gift, he is worthy of Thegn- right."-f- The "seven orders" would appear to have stood in the place of the nobleman's cognatio, or descent, the priest being supposed to have passed through the different grades of descent in the service of Heaven, thus becoming yevsaXoyrirog, " perfect in his generations," and removed in the seventh degree from ordinary men. It was the same cognatio which, in the course of the ninth century, became the limit within which the intermarriage of relatives was prohibited, a theory totally unknown to the western church before that period. In arguing against the union of an uncle with his niece, an union not without a parallel in modern times, Ambrose remarks, that such a marriage, being "within the third degree," even the civil law pro- * Levit., c. 1 8, V. 1 6, c. 20, v. 21. nected the highest priestly offices with Dcnf. , c. 25, Vo 5. /\!i^/i, c. 4, V. 4-6, pure descent, gave their best blood to 10. the priesthood, introducing " pure t Oaf/is 12. The addition was first blood" and ignorance mto the high made to the Salic law in 803. {Pcrtz. places of the Church. The next gene- Leg., vol. I, p. 113). It was an inno- ration accordingly saw the Decretals vation upon the earlier custom of Eng- of the pseudo-Isidore. Two centuries land, which is recorded in Leg. Hen. /., later another band of Northern con- Ixviii. 3. The Roman aristocracy as a verts, the Normans, were of not a little class were Pagans to the last, but the use in forwarding pretensions which NortheiTi nations, who always con- they could have hardly understood. THE KIN. 331 hibited; the "Lex Divina" (or Mosaic code) extending the prohibition to " fratres patrueles," the children of brothers, who were in "the fourth degree." With a more accurate knowledge of the Jewish law, Augustine, in discussing the question of a marriage between first cousins, writes thus, " id nee divina prohibuit, et nondum prohibuerat lex humana" — alluding to the law of Theodosius, repealed subsequently in the reign of his sons ; and in his answers to the questions of the newly appointed Archbishop of Canterbury, Gregory the Great grounds his objections to the marriage of first cousins, not on any Canonical pro- hibition, but because " experimento didicimus ex tali con- jugio sobolem non posse succrescere," adding a passage which became at a later period the cause of considerable misapprehension, " unde necesse est jam tcrtia vcl qitarta generatio fidelium liccnter sibi jungi debeat." It was to a misconstruction of this passage, probably, that Boniface of Maintz alluded in his letter to Nothelm of Canterbury, in which he said that it was maintained by some "quod in tertia generatione propinquitatis fidelibus licet matri- monia copulare;" and the nobleman who carried off and married his cousin's wife, Avho was also the widow of his uncle, evidently relied upon a similar misconstruction, when he asserted that such a marriage though " in the third degree," was sanctioned by the see of Rome. Pope Zacharias, in his answer to Boniface, pronounced the approval of such a marriage by any of his predecessors impossible; but he laid down no new rules, and accord- ingly in the early German councils all in the third degree were ordered to be separated, penance, not separation, being imposed upon married relatives Avithin the fourth, until Charlemagne extended the prohibition to the fifth degree — the limit of the later Frank Cyn — and before long the Cognatio of the civil law was imposed upon the church ; for the method of computation according to the canon law does not appear to have been in use before the Pontificate of Alexander the Second. It was evidently through the introduction of the Cognatio of the civil law into England that Dunstan was enabled to pronounce 332 APPENDIX F. Edwy and Elgiva within the forbidden degrees of rela- tionship ; and though a struggle seems to have been made against the novel regulation in the days of Ethelred (unless the explanation of six degrees by fojir is the insertion of a later hand), by the time of Canute all mar- riages within "the six degrees of sibship" were prohibited* * Aiiil/r. Ep. Clas. i, ep. 60, sec. 3. Aug. de Civ. Dei, 1. 15, c. 16, sec. 2. Bed. Hist. Ec, 1. i, c. 27. Ep. Bonif. 15. Labbe [Mansi), vol. 12, p. 314, 318. Cap. Pep. ad ait. 753, sec. i; 757, sec. i, 2. Cap. Carl. Mag. ad Ticen. , sec. 20. (Pertz. Leg. , vol. I, p. 22, 27, 86.) Pithaus, Corp. Jur. Can., vol. i, p. 433. Anc. Laivs (Thorpe), vol. 2, p. 83, de Incest, sec. 2. Confes. Ecgb., sec. 28. Poenit. Ecgb., sec. 29. Eth. vi., 12. Cmit. E. 7. The Penitential ascribed to Archbishop Theodore begins thus : " Qualiter apud Orientales provincias Germanise atque Saxonia; . . . pceni- tentias observatur modus;" and as the Archbishop died in 690, and any pen- ance in those quarters must at that time have been performed to Thor and Woden, it is evident that a later hand (or hands) must have been at work on the Penitential, and the different regu- lations about "the forbidden degrees" may be set down as the rules of an earlier and a later code. In an age in which it was thought necessary to trace every Papal dictum to the Apostolic era, the whole question was overlaid with a mass of spurious documents, which, if correct, would exhibit the Popes of the eighth century in a light little favourable to their infallibility. In a Council, supposed to have been held at Rome, according to all the earher authorities, during the Pontifi- cate of Gregory the Third, but which has been placed by later authorities, by a free use of Dele and Adde, in the time of his predecessor, Gregory the Second (two somewhat mythical pre- lates assisting, " Sedulius episcopus Britania;, de genere Scottorum," and "Fergustus episcopus Scotioe, Pictus"), the whole question is supposed to have been settled, and all dissentients duly anathematized ; but in their authentic Epistles, Boniface, the two Gregories, and Zacharias, exhibit a remarkable ignorance of the provisions of this Council. The letter ofthe elder Gregory, however, was the greatest stumbling- block in the way of the disciplinarians of a later age. One copyist appears to have stopped short aghast at the answer about " the forbidden degrees;" another has omitted it altogether ; whilst in the earlier authorities of the Canon Law it is invariably misquoted, " ut jam quarta vel quinta," being sub- stituted for " ut jam tertia vel quarta ;" in all fabricated documents the question being supposed to be raised about the foiirth, which in authentic is raised about the third degree. The difficulty was at length thought to be finally set at rest by the production of a satisfac- tory reply from the great Pope to Felix, bishop of Messina, who, to calm the agitation of the Sicilian bishops, Bene- dict of Syracuse amongst the number, had written " ad nos perlatum est . . . vos scripsisse . . . ut quarta progenie conjuncti non separentur . . . Semper usque ad septimum gradum .... a Sanctis antecessoribus vestris et ceteris Sanctis patribus, tarn in AUcana synodo, quam et in aliis Sanctis conciliis, ser- vari debere reperi." {Greg. Ep., 1. 14, ep. 16). It happens that Gregory, in the last year of his life, wrote to the bishops of Sicily, mentioning by name, amongst others, Domis of Messina, and yohn of Syracuse {Do,, I. 13, ep. THE KIN. 3 33 In connection with the tie of kindred another prin- ciple is observable, the tie of Vicinity, which, though originally all but identical with the former, was destined in course of time to supersede it. As the German in the days of Tacitus stood side by side with his kinsmen in the shock of battle, it is scarcely probable that he was separated from his Ma;g, or Cyn, in the annual distribu- tion of the land, so that in the pagns, gait, or scir, the kinsman and the neighbour were probably at one time convertible terms. Such a state of society, lasting longest under a purely Allodial system and with a shifting" tenure, must have been gradually modified as the system and the tenure changed ; for Gesiths and Antrustions, the Frank- tenantry of the crown, were probably planted about the pagns with little reference to kindred, and the nearest neighbour would no longer represent the nearest member of the Cyn. In the division of the Visigothic army in the seventh century into tens, hundreds, and thousands, it is difficult to avoid recognizing the regulating principle of that confederacy before the Gothic people quitted the forests 1 8) ; but setting aside this mistake and descendants of the Tfifavits, and for- the usual misquotation of the original bidding intermarriage betv^'een sixth letter; setting aside also the fact that cousins! {Ep. Alex. II., 27, 38. these apocryphal letters first appeared Alaiisi, vol. 20, p. 961, 966.) Such in the notorious collection of Isidore were the latest results of this famous Mercator ; it would be a stigma upon passage, introducing a computation un- the memory of a great and good Pope known to Ambrose, unknown to the to believe him capable of admitting the true Isidore of Spain, unknown to the assertion that the question was settled earlier fabricators, and even to Alex- in the Council of Nicaa. Alexander ander himself at one time — or why the Second, in his letter to the clergy should they and he invariably misquote of Naples, followed the older course, the letter? The system, however, misquoting, as usual, the letter of his which added a countless number to the predecessor; but a happy inspiration 1784 relatives already included in the appears subsequently to have seized Cognatio of the Civil Law, was a bur- him — -or to have been suggested to him den too heavy even for " the dark ages," — and in his letter to the bishops, and it was accordingly relaxed in the clergy, and /w/Z^'j- of Italy, the passage Fourth Council of the Lateran, the from Gregory is given correctly, and fourth Canonical degree— in other words the Canonical computation founded on the old Cognatio of the Civil Law — it, two degrees of the Civil law being being assigned as the final limit, a rule reckoned as one in the Canonical, thus which has since remained undisturbed, extending the prohibition to all the (Cone. Lat. IV., act. 50.) 3 34 APPENDIX F. of Germany;* and as the contribution of Qvery pagus in the days of Tacitus was a hundred men, the continual appearance of the number twelve as the full complement of Compurgators, or of the Wer-borh, may point to an early time when it was incumbent upon eve.ry pagus, or Cyn, to furnish a quota made up of "a long ten" from every McBg. Even in the time of Tacitus, however, the necessary "hundred" was generally far exceeded, and the Isiter pagus probably contributed ten times the amount of the earlier ; but it must always be recollected that the privileges and liabilities of the Free attached originally, not to the /aud, but to the ma?i, who carried them with him wherever he went, these numbers being applicable solely to the people ; to JlTcsgs and Cyns, and not to any district. It was not until the close of the sixth century, that, on account of the inefficiency of the ordinary Vigilice to put down night-robbery (generally through collusion with the robbers), Chlotaire, in 595, decreed the subdivision of the Coviitatus into CcnteticB, or Hundreds, each canton being placed under the charge of a Caput Triistis, or Ccn- tenaritis. Whenever a robbery was committed the Caput Trustis was bound to make good, or guarantee, the loss, and pursue the robber, all who refused to unite for this purpose — to join in the "hue and cry" — being liable to a fine of five solidi. If the robber was traced out of the district, the liability was passed on to the neighbouring canton, and if he was captured, the Trust, or Hundred, came upon the delinquent for the value of the stolen property, which had been already made good to the original loser, claiming also half the fine unless the capture had been effected without their assistance. About the same time as the Hundred was thus instituted "pro tenore pacis" — for preserving the FritJi — Childeric, who seems to have already established it in his own dominions, repealed the law de Chrene-cruda, which bound the next of kin to pay the fine imposed upon a homicide, if "duodecim juratores" attested his inability to pay it him- self, the new regulation forbidding the kindred to come * Lex. Vis. (Ca;ir.). 1. 9, tit. 2. THE KIN. 33 5 forward in cases of wilful murder.* Thus the responsibility which had hitherto attached to the kindred was thrown upon the district- — the Voisinagc, or Neighbourhood — which still appears to have been regulated, like the earlier military system, upon the immemorial theory of the kindred, each of the lesser associations in which the neighbours chose their Tuiigiiuis, or Tything-inan, answering to a McBg under the elected or hereditary Senior. The earliest enforcement of the principle of Voisinagc in England may be referred to the time when Southern Britain was being gradually knit together in one monarchy by the introduction of the principles of Imperial Law. Edgar, in pursuance apparently of the policy of his father, seems to have been the first to establish the FritJi-borJi as a legal necessity ; and as Edmund had already laid down the principle " that fends were to be appeased by the Witan," and released the kin from "bearing the feud" in the case of homicide, it seems difficult to ignore the con- nection between these enactments of Edmund and Edgar, and thedecreeof Childeric against "the feud," andChlotaire's institution of the Hundred " pro tenore pacis.""f* From * Deo: Child., 5, 9, li, 12, 15. Edmund. Hlot. et Hliid. Cap. ad 1171. Deer. Chlot. {Pertz. Leg., vol. i, p. 829, sec. 7. {Pertz. Leg., vol. i, p. II.) In the time of Chlovis, when a 353-) The earliest known instance in man was killed between two Vills, the which the death of a slaughtered man Graphio was bound to sound his horn was laid upon the district will be found and collect the neighbourhood, all in Dent., c. 21. having to clear themselves of com- f Edin. S. i. Edg. Hitnd. II., plicity, the Minofledl with fifteen com- 6, 7, and Sup. There is not a trace of purgators, the Meliores with "four the Hundred as a civil institution, or a times sixteen." (Z'tf., p. 3; Chlcn.'., c. territorial subdivision, amongst the 9.) At this period, therefore, the earlier Anglo-Saxons. In the time of responsibility was upon the Graph io, 'Edws.rA ?inA Athelstsxi the 07uner of Ike not the Centenarhis. The old Lex de land was bound to track the robber Chrene-eriida seems to have revived as and to keep men for this purpose — the Merovingians declined in power like the Frank Vigiluv, probably — and and character — for it appears in the when the Londoners tracked stolen Salic law — until it was again set aside cattle, if the thief's kin were too strong, by the regulation that ///f ytv/wT was to they were "to ride with the Gere/a be appeased by the Graphio " si aliquis within whose Mammng they might necessitate cogcnte homicidium com- be," the track being always followed misit" — a principle which passed into '■'■from .Shire to Shire.'''' On the cap- the Anglo-Saxon law in the reign of ture of the thief, the ceap-gild, or value ;36 APPENDIX F. this period it became incumbent upon every member of certain classes of society to be enrolled in a Tything and of the stolen goods, was deducted from his property, half of the re- mainder set apart for his wdfe (if guiltless of connivance) and the rest divided between the king and " the Fellowship," i.e., the London Guild; or in Boc and Bishop's land — in Gesith- socns, and Church lands, in which the royal privileges were more or less made over to subjects — the Illaford shared with the Fellowship. In all this there is not the slightest allusion to the Hundred, or its di'ties; but after the promulgation of Edgar's law, which seems to have confirmed some enact- ment of his father Edmund, who alludes to the Hundred in Cone. Oil. 2, the track was to be followed ^'■from Hun- dred to Hundred,''' and the Hundred came in for a share of the fine exactly as the Frank Canton. It received the privilege in return for the responsibility. {Leg. Ed. 7. Ath. Z, 2 ; //. 2. Jud. Civ. Lond. I. 8. Cnut. S. 20.) Every freeman who was not included in a Frith-borh was supposed to be " in plegio Domini," the Hlaford of the Gesith-socn being security for all his family and followers — his Hird. Was there any other bond of union besides the MiVg-borh before the institution of the Hundred ? It would appear as if there had been. All Thegn-land was liable to the Trinoda necessitas, or military service and keeping up Burks and Bridges. It would be contraiy to the principles of the age, however, to imagine the Btirh-bote to have been a tax levied on the land, and applied to the general construction and repair of fortresses. Scuiage was an innovation of the first Plantagenet, and there is not a trace amongst the early Anglo- Saxons, either of the principle of com- muting service for money-payments, or of that complicated system of officials which must have existed if the Bur/t- bote had been a tax of this description. In Magna Charta, constables are for- bidden to le\y a fine upon knights willing to perform "castle-guard" in person, or by proper substitute; and the Burh-bote seems in many respects to have resembled "castle- guard" under an earlier form. Every Thegn was probably bound to con- tribute labour towards keeping in good repair a certain Burh — and certain bridges — and to defend it, if necessary, in person or by proper substitute, thus being united in a bond of union with all the Thegns who, by the tenure of their land, were similarly connected with the same Burh. In the reign of Athelstan, before the institution of the Hundred, if a man " shunned the Gemote'''' three times, it was incumbent upon " \hQ yldestatt men of the Burh'''' to ride after him — he was scarcely within the walls — sharing the fine in re- turn with the king ; this duty, with the share of the fine, sulisequently devolving upon the Hundred, after the Upland Thegns, or To7i'nsmen, were collected into Tythings and Hundreds. The duty was not transferred from the Thegns in-Burgh to the Upland Thegns ; the "yldestan men" were the same "Me- liores pagenses" collected into a fresh association — the Hundred. The dis- trict connected with the Burh often extended over a wdde range of countr}'. The Borh-wara, or men of the Bnrh of Canterbury (which is still a Shire with its own Shire-gerefd) occupied a whole Lathe, the western portion of the present St. Augustine's Lathe. The Burgh- Thegns of London obeyed the regulations sanctioned by the Bishops and the Reeves connected with the Burh, and at the Conquest held all ISIiddlesex "at farm," with rights of chace over Surrey and the Hundreds of Chiltern ; still choosing two Sheriffs, THE KIN. 337 in a Hundred for certain purposes of civil government, thus fixing a degree of individual responsibility upon every free member of the community, each of whom was bound to have a BovJl upon whom it was incumbent to produce him if justice so required it, and who, in case he could not be brought forward within a year, were responsible for him altogether. This Borh was the Tything, for the words are used as synonymous in Canute's laws, always for the cotiuty of London, the species of giant alone was Bedafamihar, one other for Middlesex. In Athelstan's reign, when more than one Bishop and one Gerefa were connected with Lon- Aow-hirh, the district in connection with the ^icrh must have been wide indeed, and there was a time, probably, when London-/v^;7; belonged to the district, rather than the district to Lon- ^oxv-burh. The whole of the Anglo- Danes of Mercia were included in the Confederacy of "the Five Burghs;" four of these associations — those of Lincoln, Leicester, Nottingham, and Derby — being originally identical in extent, probably, with the modem counties. The actual Burgh- Thegns —the Thegns in-Bjirgh — were origi- nally a garrison rather than a trading class, and even in later times, only the "Masters" of certain crafts were ad- mitted ajnongst the Burgherhood. The taint of " Villein's" blood disqualified a man from acquiring the right of citizen- ship amongst the proud Londoners. After the C onquest, when the royal castle was separated from the royal Burgh, the knights of the "upland" district perfonned their service in the castle. {Rect. Sing. Pers. Ath. I., 20. V. Edg. Slip., 3 to 8. Eih. III. I.) Neither Biirh-bote nor Bricg-bote seem to have originally attached to the land. In a list of Frank monasteries in the Carlovingian Empire (Pertz. Leg., vol. I, p. 223) they are divided into, all liable to dona et viilitiam ; to dona sine militia ; and simply to orationes, the latter representing the oldest form of grant to the Church. With this VOL. II. but in inveighing against its abuse, whilst he deplores the defenceless state of the kingdom, !ie never laments over the decay of Bii> hs and Bridges ; nor was it incumbei upon the Wessex freeman of the same age to repair either Biirh or a3ridge, the Fyj'dwiie being levied only for ' ' neglecting the host," though in Canute's laws, con- finnatory of Edgar's, neglect of Biirh- bote and Bricg-bote was equally punish- ed by the same fine. {Ep. Bed. ad Ecgb., sec. II. Ini 51. C. S. 66.) The earliest authentic charters make no allusion to the Trinoda necessitas, .^thelward of the Hwiccas in 706 freed a grant expressly from expeditio, ' ' the Fyrd," without allusion to Bin7i or Bridge ; and in 732 ^thelbert of Kent vaguely releases a grant from all jus regiicin except "such as Church-lands are liable to." The Trinoda necessitas first occurs iai a charter of ^thelbert of Mercia, who, in confimiing at Cloveshoo the regulations laid down by Wihtred — in 694, according to Chron. Sax. — declared church-land free from all secidar service except " expeditio et pontis et arcis constractio ; " agam, at Godmundesleah, in 749, declaring the Church free from all semce, " nisi sola qure communiter fruenda sunt, omnique pojjulo, edicto regis, facienda jubentur, id est, instructionibus pontium vel ne- cessariis defensionibus arcium contra hostes," (Cod. Dip. Sax., 56, 77, 87, 99). It would appear from this as if the Bioh-bote and Bricg-bote had been imposed about this time edicto regis. 338 APPENDIX F. retaining this meaning in Kent ; and the Borhcs-Ealdor, or Headborough, whose representative at the present day- is the Parish Constable, was the Tythingman ; whilst the regulations of the Frank Canton were strictly enforced in every Hundred, the responsibility of tracking and securing the guilty party being transferred from the lord, or kin, to the neighbourhood. In England, as on the Continent, the substitution of the Frith-borJi for the Mceg-borh, the voisi7iage or neighbourhood for the kindred, by rendering the Tything answerable for its members without any regard to the tie of blood-relationship — a principle which had hitherto been only recognized in the case of the man who was wholly or partially Jllceglcss* — must have paved the way for the gradual extinction of the clannish principle of the kill ; and so important was this law in the eyes of Edgar, that though he left the men of Danclagc to " choose such good laws as they willed," he desired this enactment to be "■ common to all the people, Angles, Danes, and Britons." The Danes indeed obeyed him — and the different names of Wapentake and Htmdred, in Danish and English Mcrcia, would be sufficient without other evidence to place the introduction of " the neighbourhood," at the earliest, in the middle of the tenth century — but * It is laid down in the laws of Alfred, 27, 28, that in the case of a man with only a maternal kindred, or entirely Mirgless, his Gegildas were to pay or receive one-third or one-half of the Wergild, as the case might be ; but I must venture to differ from Mr. Kemble when he identifies these Ge- gildas with the Frith-borh {Ang. Sax., bk. I, c. 9, p. 160). In this case they were rather the Wer-borh, and the law is not of general, but only of particu- lar application, the Gegildas only com- ing forward in the case of a man par- tially or entirely Mivgless. In all other cases the Gegildas were the kindred, or that portion of the Mag liable to pay or receive a part of the fine ; and in the days of Alfred's son and grandsons the Mag still fonned the Werh-borJi , com- mended a man to a lord, took him into borh if accused of theft, received him if he ceased io\)t.7:ifolger, and, in short, were generally answerable for him ; the unconnected Gegildas, or "they on whom it is incumbent," only coming forward, as in the case of the Frank claimed as a Colonus {z'idep. 318, note), where there was no A/ag. It was only from the reign of Edgar that " the three of the Mag," who, in the time of Athelstan, cleared the slain man of the charge of theft, and the " xii. plegios cogiiationis sua qui ei stant in fidejus- sione," gave way to "the three of the F}-iih-borh," and the " decennalis fide- jussio" alluded to in the so-called " Laws of the Confessor." {Ed. 6. Ed. and Guth. 13. At/i. I., 2, 6, 8- II; //, 7. Leg. Coil/., xx.) THE KIN. oo9 beyond the Tees the enactment was never carried out, thus disclosing the weakness of the royal authority, before the Conquest, throughout the districts to the north of that river. A far better idea may be formed of the real extent of the authority of the Anglo-Saxon sovereigns, than any that can be gathered from the pages of the chroniclers of a later era, from the fact that throughout the territory of St. Cuthbert, and amongst the descendants of the old Bernician Angles beyond the Tyne, as well as in the wild moorland districts of Cumberland and Westmoreland — the identical localities which are not included in the Domesday Survey — the decrees of Edmund and Edgar on this particular point never appear to have been effec- tually carried out ; and the territorial subdivision of the Hundred is still unknown throughout the four northern- most counties of England, as well as amongst the once kindred Angles of the Lothians. In northern England and in southern Scotland, wherever indeed an Ealdorman who may have traced his lineage to Ida long ruled heredi- tarily, though by the confirmation of the English king, the Ward or the Quarter are still the sole known subdivi- sions of the county, answering, not to the Frank and Anglo-Saxon Hundred, but to the Fiordnng or Fardiiig- dela — the Quarter of the Scandinavian Hcurrad, or older Hundred, and of the Prison Liod-tJiing, the type of the Kentish Lathe j^ Under the name of Visuet the principle of the Voisiu- age penetrated, with other innovations, into Scotland, where its application rather than its existence was a novelty ; but there is not a trace of the territorial subdivi- sion of the Hundred, nor of the substitution of the Frith- horJi for the kin or lord. It was the Sequela trium Baroniarum " which might hang the man accused of theft * ■ The Wards into which the North- Lands in the north were once districts ern Counties are divided must not be equally containiirg Shires — Norham- confounded with the Hundreds of the shire, Island^/i^Vr, Hallamj/«>^, and south. As Kent and Sussex are " king- Bamboroughj-/«n', for instance — and doms" mediatized and converted into the PFar^ is a subdivision answering to counties, the Lathes and Rapes repre- the Lathe and Rape, or Shire, rather sentmg the old subdivisions of each than to the Hundred or Wapentake, kingdom containing Shires, so the 340 APPENDIX F. who could not produce h\s plcgiiis, or surety;" and it was the Steward, or Bailifif, with " four true men of the Vill" who formed the " proportio patriae trium Baroniarum," who were directed in certain cases " to make diligent and faithful inquest of the loyal men of the Visnet." It was " the Lord of the fee," or his Bailiff, who settled the day of the inquiry with the Sheriff, or in royal demesnes and thanages the Sheriff alone, without the least allusion to Hundred's Ealdor or Headborough ; though " the Steward and four true men of the Vill" were undoubtedly the equivalents of the Tythingman and the "proportion" of the Fr-itJi-borh* In short, it was the Norman Voisinage and not the Saxon Neighbourhood that was introduced into Scotland. The Barony and the Vill, or Town, were the regular subdivisions of the county, the name of Thanage, after the introduction of military service, being confined apparently to the actual property of the Thane, held in fee-farm, and by Scottish service, though its Gaelic equivalent may have been attached in earlier times to the whole district subsequently known as a Barony. The very same names were applied by the Anglo-Normans in Ireland to the Gaelic subdivisions of the Trioclia-Ccad and Bailie- BiatagJi ; and as the Gaelic Davoch was the measure- ment by which all "holdings" appear to have been esti- mated at a later period, it is probable that in Scotland also the Barony and the Vill simply represented the ancient subdivisions of the country. The changes which were brought about in England by the substitution of the FritJi-bovJi for the earlier tie of kindred, are not so observ- able bej'ond the Tweed ; Manrcd, in many respects the equivalent of the Anglo-Saxon Hlaford-Soc7i, long con- tinued to be the usual bond of union between the greater and lesser barons ; and the feeling that attached the kins- man to the head of his race, or the feudal retainer to his hereditary lord, was still traceable in Scotland at a com- paratively recent epoch, in the Lowlands as well as in the Highlands, though naturally most developed amidst the mountains of the north and west, and amongst the Border clans of the southern frontier. * Assize Will. 2i. Stat. Alex. II. 5. COIN A GE. 341 Appendix G. COINAGE. ROMAN WEIGHT. 12A Wheat-coms = i Obolus. = I Sextula. = I5 ,, = I Sicilicus. = 3 ,, = 2 ,, =1 Semuncia. = 6 ,, = 4 ,, = 2 ,, =1 Uncia. Roman denarius — 3 Scrupula of 1 7.534 gr. Troy. Roman poimd == 5050 ^r. Troy, 5386I Tower, 71^2^ Wheat coms. It is scarcely necessary to add that I do not mean to assert that the Romans used the Wheat corn as the basis of their calculation. I have simply reduced the different weights to the same standard to point out their similarity. 25 = 2 „ = I Scnipulum so = 4 „ = 2 ,, = I i 100 = 8„ = 4 ,, = 2 150 = 12 ,, = 6 „ = 3 300 = 24 „ = 12 „ = 6 600 =48,, = 24 „ = 12 OLD SCANDINAVIAN WEIGHT. 12 Wheat-coms = i Pening. = I Silfer. = 4 , , = I Ortuga of Penings. = 8 „ = 2 „ =1 Ort. of Silfers. = 12 ,, = 3 ,, = I Ore of Penings. = 24 ,, = 6 ,, = 3 ,, = 2 ,, =1 Ore of Silfers. 24 Ortugas = 8 Ores = i Mark. Norwegian Ore =412.58 ^n Troy, or 586.78 Wheat coms. Silfer= 17.19 „ „ 24.45 24 = 2 „ 96 = 8 „ 192 = 16 „ 288 = 24 ,. 576 =48 „ COLOGNE MARK. 10 Wheat- coms = 84 E jchen = I H eller. 20 ,, = 17 , = 2 , , = I Pfennig. 80 = 68 = 8 , , = 4 ,, = I Quent. 320 = 272 , = 32 , , = 16 ,, = 4 ,, = I Loth. 640 ,, = 544 ' = 64 , , = 32 ,, =■ 8 ,, = 2 ,, = I Ounce. 5120 ,, = 4352 = 512 , =256 ,, =64 ,, =16 ,, =8 ,, = I Mark Cologne ounce = 451 ^. Troy. Copenhagen ounce = 454 gr. Troy. (Old Cologne ounce = 512 Eschen = 602 Wheat corns.) 342 APPENDIX G. TOWER WEIGHT. 4 Wheat-corns = 3 Grains. 32 ,, = 24 ,, = I DmI. sterling. 512 ,, — 384 ,, = 16 ,, =1 Ore of 16. 640 ,, = 480 ,, = 20 ,, = =1 Ore of 20. 5120 ,, =3840 ,, =160 ,, =10 ,, = 8 ,, =1 Mark. 7680 „ =5760 „ =240 „ =15 ,, =12 „ =i\ Tower weight : Troy weight :: 15 : 16. Tower ounce = 450 gr, Troy. PARIS TROY WEIGHT. 24 Grains = i Denier. 120 ,, = 5 ,, = I Gros. 960 ,, =40 ,, = 8 ,,=i Ounce (mancus). 7680 ,, =320 ,, =64 ,, =8 ,, = I Mark. P^ench Troy ounce = 472^ gr. Troy. Dutch Troy ounce ( = 20 Engel = 640 Aas) = 4745 gr. Troy. OLD BAVARIAN POUND. 32 Wheat-corns = i Denarius. = I Semisolidus (semuncia). = 2 ,, =1 Solidus (mancus). = 16 ,, =8 ,, = I Pound. OLD SCOTTISH POUND. 32 \\nieat-coms= i Dwt. sterling. 384 ,, = 12 ,, = I Solidus. 640 ,, = 20 ,, = i^ ,, = I Ounce. 9600 ,, =3C)o ,, =25 ,, =15 ,, = I Pound. MONEY VALUES IN Merovingian denarii, or scruples of 24 wheat-corns. An Obolus \ A Pening > = 12 Wheat corns of silver. A Sceat ) An Irish Sgreabal j A Welsh Ceiniawg gota (?) > = 1 Denarius. A Scandinavian Silfer ) A Thrj'insa or Ortuga of Penings =4 A Frank Gros = 5 A Saxon or English Solidus of 2 Thiymsas . . = 8 A Kentish Scilling =10 An Ore of Penings =12 An Ore of Silfers =24 A Salic or Merovingian Solidus or Mancus . . =40 480 = 15 960 , = 30 7680 = 240 COINAGE. 343 . In CARI.OVINGIAN or sterling denarii of 32 WHEAT-CORNS. A Saiga (coin) ] A Welsh Ceiniawg gyfreith (?) S • • • = ' Denarius. An Anglo-Danish Thrymsa \ A Saiga (weight) ^ ....=: 3 „ A Prison Solidus ) An Ens;lish or Mercian Scillinsj ) A Frank Trimessis ) A Wessex Scilling = 5 ,, A Carlovingian Solidus 1 An Anglo-Norman Shilling \ ' ' ' • — '2 ,, An old Scottish Ore = 16 ,, A Mancus =30 >' A Pound =240 ,, The Obolus, Maille, and Halfling were the half; the Peorthling, the quarter of the N2(7nvms or silver penny. The word once current throughout the north for a fine was Bang — a ring or bracelet — pointing to a time when the fine was paid, if in metal, in ornaments, and not in coins ; and when rings are described as money, it is probable that they passed as pcauiia and not vioneta, according to their weight, or intrinsic, rather than their arbitrary value. An ornamented weapon was not a " legal tender," according to some codes, for its value was arbitrary, and it may be inferred that there was a time when everything was literally tested by weight or measure. Amongst the same Scandinavians also lingered the oldest Teutonic names for weight — the Lod and the Ore — words still significant amongst our own mining population, though in no way implying the divisions of a heavier weight, but simply conveying the idea of a mass of pure metal, much as was once the case with the Roman as and pondiis. There is no purely Teutonic word for a pound, the mark being only the pondus ntarcatiun, or marked weight, a description applicable to any weight before it was restricted to one. Hence it is probable that the lod and the oi^e — the seinuncia and the ounce — were the original standards of calculation rather than the pound ; and as soon as they assumed a settled character, as soon as a regulated system of weight was established, Roman names appear — the as, the siciliciis, the denarins — in other words, when the 344 APPENDIX G. Teutons began to regulate their weights they naturally- assimilated them to the civilized standard with which the majority must have been more or less familiar. Money weight and common ^\'eight were originally identical, the wheat-corn in most cases supplying the basis of the calculation. Amongst the earliest coins, if not the earliest, was the Obobis, sometimes known apparently as the Saiga, estimated, if of silver, at 12 wheat-corns. The Anglo-Danish TJirymsa, or Trivicssis, which appears in the Wergilds of the " Northern leod," was a weight equalling three sterling pence, or 96 wheat-corns. The Trimcssis, which was always the third part of an ore or solidus, was known amongst the Scandinavians as the OrUiga, or piece of eight pcnings, each of which must therefore have weighed 1 2 wheat-corns. The old Scandinavian pcning, then, was the obohis of silver estimated at 1 2 wheat-corns — or its equivalent in copper or mixed metal — 8 making an Ortuga, and 24 an Ore of penings, known in the north as the Sak-ore, a lighter, and probably an older ore in which all fines Avere paid. The ordinary weight was the ore of silfers, each silfer being the Roman scruple, reckoned at 24 wheat-corns, the ore and mark of silfers doubling the ore and mark of penings. In short, the ore of silfers was simply the Roman ounce estimated in wheat-corns, the ore of penings, or lod, answering to the senmncia or half- ounce ; hence the prevalence in the northern codes of half-marks and half-ores — half-pounds and half-ounces — as the fine was reckoned by the Sak-ore, or ore of penings, and paid in later times, if in money, in silfers, when the obolus, or oXdQ}: pening, had become the half-penny* * "Obolus .... fiebat olim ex lents for the w/ww/^j, it seems to have sere ad instar sagittae, unde et nomen a been applied to a weight of three pence, Graecisaccepit; hoc est sagitta." (Isid. or amongst the Bavarians, of five. The 07-ig. 1. 16, c. 24). The Gennan .Si:?/f(rz earlier ;/?/;;/;«/ were probably of copper was probably a corruption of the Latin or mixed metal, like the Northumbrian sagiita. In Suabia and Bavaria the Styca; nor is it unlikely that the older Saiga appears to have been the name sceaf, or division, was, as its name im- of the mnnmits, or current coin; and pUes, the silfer or scmple of silver in later times, probably after the use literally broken in half. The later of the name of denariics and its equiva- denarius was in this manner divided COINAGE, 345 The Scruple was evidently also the Merovingian, or old Salic denarius — indeed in most money weights it ap- into Halflings and Fcorthlings. The Scandinavians had also an Ore of Wad- mal, a sort of coarse cloth, which seems to have been at one time m use amongst the Anglo-Saxons, (ov z.gafol- blanket in the days of Ini was a legal ten- der for sixpence. From the expression M(E7-ra pence— of pure silver — in the laws of Alfred a coinage of mixed metal was evidently not unkno^vn at that time ; and as the same fine occurs in the laws of Ethelred and Canute without the addition of the word 3Lcrra, it may be inferred that it was then obsolete. From the frequent injunc- tions in the laws that there should be only one coinage and one weight, it is evident that the older coinage and weights must have gradually disappear- ed, or become very scarce. {Alf. 3. Eth. 7, 1 1. Clint. Sec, 3, 59. Compare Heimsk., vol. 3, p. 341, 429, notes.) If the half-csch — or as — is taken from the Cologne Ilcllcr, the Ounce is exactly the Roman Uncia, the Loth the ^1?- mtmcia, and the Qiteni the Denarius, This part of the Cologne weight would appear to have been based upon Roman iveig/it; the other part, the Heller and Pfennig, weighing originally eight and sixteen asses, upon Roman coinage. The addition of thirty- two Eschen to the ounce was made to raise it to the Carlovingian standard. Since writing the above I have had the advantage of reading Mr. Dasent's very able disser- tation on the northern money in his Appendix to the " Story of Burnt Njal," (vol. 2, p. 397). As he gives the weight of the Norwegian Ore, on the authority of the Numismatic Chro- nicle {qx 1857, as 412.58 grains Troy, it is evident that the Silfer, its twenty- fourth part, weighing 17. 19 gr. Troy, or 243 wheat-corns, was identical with the older Merovingian denarius or scruple. According to the Gragas, when silver was first coined in Iceland, it was "so coined that xx. (according to the amended reading) pennies made an ounce weighed .... a hundred in silver was then reckoned the same as four hundreds and twenty ells of Wad- mal, and the ounce of silver was worth half a mark Wadmal. " These xx. were probably "long-tens," i.e., xxiv. — for the invariable subdivision of the North- men, the ortnga or piece of eight, Thrymsa or Trimcssis, coidd not have been used in an " ore of twenty" — and thus the original subdivision of the ore in the north was into 24 scruples ; whilst from /our times the value of the ore of Wadmal, it gradually rose to six. The Sah Ore, ore of penings, or of mixed metal, gi-adually became so deteriorated that the old " Law silver of X. pence to the ore" — the Semuncia of 12 Silfers or 24 Penings — was in the thirteenth century current at 60 ores to the mark of pure silver or ounce of gold. The Silfer, however, appears to have equally suffered, for blue or grey silver was only current at the rate of 30 ores to the ounce of gold, so that blue silver was just double law silver — the adulterated ore of silfers doubled, as of old, the adulterated ore of pen- nmgs, or Sak ore. Mr. Dasent re- marks m a note that Canute "first gave systematically bad weight," his pennies seldom averaging more than \(i gr. Troy, and sometimes falling as low as 13 gr., but all oi pure silver. I suspect, however, that instead of adul- terating the Anglo-Saxon coinage, Canute introduced the Scandinavian — the Nordling in place of the Esterling pence. The penny of 16 gr. Troy, allowing for loss of weight, closely approaches the scruple of 24 wheat- corns, 18 gr. Tower, or 16.875 gr, Troy. The Gulathing mentions an ore of 30 pence, and if the Norwegian 346 APPENDIX G. pears to "have usurped the place of the denarius, drachma, or poiny zveigJit — 40 going to the ounce or solidiis. Solidus was the later Roman name for the aureus niiminus, or gold coin of the value of 2 5 Roman denarii, or, originally, 7 5 scruples of silver ; and when first coined, at a time when gold was ten times the value of silver, it must have contained 7|- scruples of gold (71 : 75 : : i : 10) ; but after Constantine coined 72 solidi out of the pound of gold, each weighing a sextula, or 4 scruples, wherever gold and silver were estimated at the ratio of 10 to i, each solidus of 4 scruples of gold must have been worth 40 scruples of silver.* Hence perhaps the origin of the old Salic solidus of 40 Merovingian denarii, or Roman scruples, which passed into their system of weight as the ounce ; for the solidus of this period was a weight, an ore or ounce, not a coin ; though it may have originally represented ore is divided by 30, the result is a penny of 13.75 ^^r. Troy. This penny was probably adulterated metal, but Canute " king of England, Denmark, and Norway," would appear to have introduced into England — or perhaps into the Danelage — a coinage oi pure silver, answering to the scruple, pro- bably, of Denmark, and the Norwegian penny as established by the Gulathing. In one point I am obliged to differ from Mr. Dasent, where he says that "a hundred in silver" was equal to two and a half marks or twenty ounces. A hundred what ? A numeral of this description always supposes the addition of ores, marks, sil/ers, or a coin or weight of some description. " A hundred in silver," according to North- ern calculation, seems invariably to mean " a hundred ores of silfers." * ^Vhen 40 atirei were coined out of the pound of gold, each weighing 71 scruples, and equal to 72 scruples of silver, 100 denarii must have been coined out of the pound of silver. When 45 aurei, and the same quantity of denarii, were coined out of the pound of gold and silver respec- tively, gold must have increased in value to 11.25 (6| : 72 :: I : 11.25). If Constantine, when he coined 72 solidi out of a i^ound of gold, kept the denarius at its original weight, gold must have increased to 1 8. But this seems scarcely probable, and it is more likely that he reduced the weight of the denarius. By Cod. T/teod. the value of a pound of silver was fixed at 5 solidi, or gold : silver : : i : 14.4. The early Franks, however, were hardly guided by any very accurate principle in their valua- tion of the two metals. The usual proportion amongst the Northinen seems to have been 8 to l ; whilst ac- cording to Ruding it was 9 to I in England in the days of Henry I. ; and it is not improbable that the Franks may have reckoned it at 10 to i. After the silver used in coinage was adul- terated, gold appears to have been adopted as a more fixed and settled standard — for there were no new gold coins to the northward of the Alps — and fines were occasionally reckoned " in gold," i, e., at the current value of gold, much as it is said at the present time "in sterling money." COINAGE. 347 amongst the Franks the weight in silver answering to the vakic of the Roman gold coin. The Obolus and the Scruple appear to have been equally familiar to the Anglo-Saxons under the names of the older sccat and penny. The Kentishmen seem to have resembled the Franks in their coinage as well as in their Wergilds, for their scilling weighed 20 scents ; and as the scilling was only a corruption of the Roman sicilicus (the shekel), or quarter-ounce weight, the Kentish ounce must have contained 80 seeats or 40 pence ; in other words it was the old Salic solidns of 40 scruples, often met with in later times under the name of the mancus, or heavier ounce of 30 Carlovingian {ox sterling), and 40 Merovingian pence, or scruples.* The Anglo-Saxons, however, appear to have brought with them a system of their ov;n, differing from that of the Jutes, or rather perhaps of the Franks. As the Scan- money" — and I see no reason to doubt that Sceat amongst the Anglo-Saxon was simply the true and earlier name for the nutnvnis, bit, or current coin for the time being, whether obolus, scruple, or sterling penny, like the Saiga in eastern Germany. The ave- rage weight of the coin to which, for some unexplained reason, the name of Sceat has been applied, is about 1 7 gr. Troy {HaivkiiCs Silver Coinage, p. 18), or 24 wheat-corns, the weight of the scruple, or Merovingian denarius. The Kentish sceat was a totally different com, 640 being contained in a pound, if the Kentish pound is reckoned at the very lowest, as a pound of 8 ounces. Ruding (vol. I, p. 296) mentions a few coins weighing about 7^ gr. Troy — too heavy for Feorthlings, too light for Halflings — which, allowing for loss of weight, would answer very well with the obolus, which ought to have weighed correctly 8.425 gr. Troy. These may have been Kentish sceattas, or rather older seeats, such as those mentioned in the Kentish laws. * The word Sceat is used somewhat arbitrarily in connection \\dth the Anglo- Saxon coinage. Only two descriptions of Seeats are traceable in the laws, the Kentish and the Mercian, which could scarcely have been identical. The simple wergild of a king by Mercian law amounted to 30,000 Sceattas or 120 pounds, and hence it has been sup- posed that a pound of 240 pence con- tained 250 Sceattas. But the inference, though at first sight natural, is scarcely correct; and it would have been im- possible to calculate in such a coin in ores and scillings, the true Anglo-Danish and Anglo-Saxon mediums of calcula- tion. From the Leg. Con/., 27, 33. IVil. Conq. I. 2, and Domesday, it may be gathered that 100 ores (or 2000 pence) were reckoned as 8 pounds by Anglo- Norman computation; whilst in Leg. Hen. L. , Ixx^-i. 4, 200 Wessex scillings (or icoo pence) were equivalent to 4 pounds. According to this method of reckoning, which was evidently the Anglo-Norman, 120 pounds would have contained 30,000 pence — thus calculated, probably, " to make it even 348 APPENDIX G. dinavians had their " Ore of Silfers " and " Ore of Penings," so the Continental Saxons originally used a lighter, and probably an older, ore for their Wergilds, containing only two Trimcsscs; and as the Scandinavian ore of 3 ortiigas contained 24 oboli or scruples, so the lighter Saxon ore of two " Thvymsas " must have numbered only 1 6. In their measures as well as in some of their other customs the Bordrijii or Saxon Ripiiarians — the Westphalians — dif- fered from their confederates in the north, the men of Engern and Ostphalia, the latter using a lighter measure ; and the lighter ore seems to have been brought by these " Northern Saxons " into England, becoming the older ''English" standard as the solidus of 16 mimini, or "Ore of sixteen." The fine exacted by Ceadwalla of Wessex for the death of his kinsman at the hands of the Kentish- men, is described in the older MSS. of the Saxon Chronicle both as " thirty thousands " and " thirty men," ^thelward reckoning it at " 30,000 solidi, each containing 16 mimmV,^ or " Ores of sixteen." Each " mamvyrtJi" then, must have been reckoned at " 1000 ores of 16;" and if the miimmis was the older j^r^^ or oboliis of 12 wheat-corns — or its equivalent in base metal — 1000 solidi oi 16 oboli wo\x\d be exactly identical with 2000 TJiryiJisas (or lOOO ores of 16), the Wergild of a Thegn amongst the Northern Leod — for the Saxon lighter solidus, in which all Wergilds were computed, contained two Thvymsas — as well as with 1200 Wessex scillings, the Wergild of a Twelfhyndman. This double coincidence can scarcely be accidental, and it would appear as if the earlier system of the Anglo-Saxons resembled that of their Continental kindred, and that they were once familiar with the obolns, whether pure or of mixed metal, the sc7'7iplc, and the solidus of two thrymsas or "ore of sixteen," of which the quarter was the old English sailing of 4 pence, which so long retained its ground as the Groat.* Nor was the Scruple confined to the Germans and the Northmen, for the silver coin among the Irish was long * Le^. Sax., tit. i8 {Lind.), 19, Cap. Sax. ad an. 797, c. 11 {Cane.') {Cane.) Cafii. Carl. Mag. I, ix. Chron. Sax. ■zxA y^th. (i^a^. COINAGE. 349 known as the Sgrcabal, weighing 24 wheat-corns, and equal in value to 3 older Irish pennies, probably of mixed metal or copper ; whilst in Wales there were two descrip- tions of pence, the cciniaivg-gyfrcith, legal penny or argant, of which 240 went to the piuit, apparently the sterling penny of 32 wheat-corns; and the cciniawg gota, or short penny, apparently the scruple ; for the legal is said to have been a third more than the short penny, and the addition of a third, or 8 wheat-corns, raises the weight of the scruple to that of the sterling penny. The Welsh Dimai, or half-penny, would in this case answer to the obolus or older sceat* An important change was brought about in the reign of Charlemagne, when a pound of i 2 ounces, or " ores of twenty," was adopted or confirmed as a money weight, and subdivided into 20 solidi, each containing 12 denarii of the weight of 32 wheat-corns. It was in 781 that Charlemagne, both at Frankfort and in Lombardy, ordered that the new pence " which bear our name, and are of full weight," should pass everywhere after the i st of August, all fines and compositions henceforth being paid in the new money, except where the Saxons and the Frisons were concerned, when the older Salic solidus was still to be used.*!* The Carlovingian pound was introduced into England, continuing to be the sterling standard, under the name of " Tower weight," until the reign of Henr}'- the Eighth, eventually also becoming a standard throughout Germany and in Denmark, the ounces of the Cologne and Copenhagen Marks varying only i and 3 grains respectively from the Tower ounce. The introduction of the sterling *'■'■ Tribes and Customs of Hy Many ^'' t Cap. Mant. 9. Cap. Franc/. ^, p. 80, note H. Wootion, Gloss, in voc. 11. (Pertz. Leg., vol. I, p. 41, 72.) Ceiniawg Gota. It is not certain, how- Pepin had previously ordered, "ut ever, that the Welsh pence were the amplius non habent in Ubra pensante scruple and sterlmg penny, for 6 of the nisi 22 solidi" {do., p. 31), so that a lesserareelsewheresaid to have equalled change may have been in progress 4 of the larger. If the larger penny before. The solidi mentioned in Pertz, was the scruple, the Dimai was the p. 191, were of gold; sextulajOiviMxdn. same as the older Irish peimy, 3 of 72 went to the pound. They were which were of the same value as the current in Italy. scruple. 350 APPENDIX G. penny amongst the Anglo-Saxons did not supersede their older method of reckoning, and up to the date of the Norman Conquest they still used an "ore of sixteen," a scilling of fourpence, and consequently a pound of 1 5 ounces, as may be seen in the Regulations of the port of London during the reign of Ethelred* In Wessex, how- ever, the Frank " ore of twenty " was current, and conse- quently ?i scilling oi five pence and a pound of i 2 ounces ;•!• and after the introduction of the Frank solidus, or shilling of twelve pence, by the Normans, the recollection of the older scillings was perpetuated in the groats of four and five pence. Perhaps the oldest Anglo-Saxon coinage, probably equivalent to the " Ore of Penings," was that which lingered longest in Northumbria, the Styca \ — stiick * Leg. Ethel. Inst. Loud. xi. " Ut omne pondus sit marcatum ad pondus quo pecunia mea recipitur, et eorum singulum signatum ita quod xv. ore libram faciunt." The pondus mar- catnin does not appear to have varied, whether it was divided into 8 man- ciisses, 12 "ores of 20," or 15 "ores of 16." From a passage in a charter of ^thelbert of Wessex, dated 863, "duarum dierum refectio vel xxx. ar- genteis, hoc est semicum hbra," it may also be gathered that the true English pound contained 60 scillings of 4 pence, or 15 "ores of 16." The same sum in another charter is called "triginta scilos''^ (Cod. Dip. etc., 288, 165). The difference between the ore of 16 and the ore of 20 was not confined to England, for it is equally traceable on the Continent. The Loth or Scmuncia of the Cologne mark contained 4 Qiients of 4 Pfen- nings, or, in other words, was an ore of 16, and the Quent a scilling of 4 pence ; whilst the Frank Gros, which was evidently the fourth part of a Semuncia, was a scilling of 5 pence belonging to an ore of 20. They both belonged to the older ounce, the Loth, Scmuncia, or ore of Penmgs, which, indeed, seems universally to have been the oldest standard of weight. The pound of 15 ounces, perhaps the old "merchant's pound," was, probably, displaced as a "pondus averiorum" by the Italian measure introduced by the Lombards ; for the modern "pon- dus averiorum or " avoirdupois" varies only a few grains from the Roman commercial pound. As the Northmen always appear to have retained the use of the older penny or scru]5le, whilst the Eastmen, or Ripuarian and Austrasian Franks, had long adopted the heavier penny {Leg. Rip. tit. xxxvi. 22), it was perhaps from this cause that the latter gradually acquired the name of the Esterling, or sterling penny. f The scilling of 5 pence would appear to have been current in Wessex in Alfred's reign, but hardly in Ini's. Compare Ini 59. Alf. 47, 71, and note. % Styca is another instance of a name somewhat arbitrarily attached to a coin. It seems only to be met with in the Saxon version of ' ' two Lcpta which make a JCodrans" — "two Styca that is a Fcorthlijig ;'''' and there is no proof that it belonged exclusively to the coin to which it is applied. The Styca of Ecgfrith weighs about 19 gr. Troy COINAGE. 351 or bit — of base metal, remaining in use down to the era of the Danish settlement, when it appears to have been superseded for a time in the Danelage by a Scandinavian coinage, though the sterling penny and the ore of sixteen eventually replaced the scruple and the tJirynisa or or- tiiga ; for at the date of the Conquest the Anglo-Danish " Hundred" was reckoned at 8 lbs. or 1920 sterling pence, which exactly tallies with "a long hundred" or 120 "ores of sixteen." The innovations of the Danes, however, seem to have been confined to the Danelage, and not to have penetrated beyond the Tees or Tyne, for the valuations in the " Leges inter Scottos et Brettos," which bear evi- dent traces of Anglian influences, are calculated according to the true Anglian method in "ores of sixteen."" As long as money continued to be measured by weight, as long as a "mark of sterlings" represented a " pondus marcatum " in one scale, and silver bits heaped in the other, until the balance was equal, the officials of the royal and other mints could alone profit by adulterating the coin, and ruthless were the mutilations denounced against fraudulent monetarii ; but as soon as the value of the nnninms became arbitrary, and the profit of such transactions was transferred to higher quarters, the prac- tice of adulteration became widely prevalent, without any wholesome fear of the attendant penalties. The time (Ha'ukins, p. 37), and if this coin teriorated, thisstandard being ascribed averaged a scruple in weight it would to David (Act. Pari. Scot., vol. L, have exactly answered to the Scandi- p. 5, 309). It is certain that the "ore navian /c'«/«^ of base metal, equalling of 16" in which the fines in the Leges a silfer in weight but of only half its inter Scottos et Brettos are reckoned, value. does not agree with the pound in the * It may be gathered from "the statutes of the GuUd. As the sum of Assize of King David," c. 31, that xvi. ^/^«. occurs in the laws of William, there were other weights current in Scot- and as m his regulations about his Can land when the Caithness pound was from Galloway, t/ie Cow was valued at established as the standard. In the iiii. solidos, or 48 pence, the identical " Statutes of the Guild" a poimd con- calculation in the other laws, it seems taining 15 ounces of 20, and 25 solidi probable that the "ore of 16" was of 12 pence sterling, is attributed to the still a current method of reckoning in same king, but in a certain sense only Scotland at the close of the twelfth traditionally, for allusion is made to a century, though fast giving way to the -tandard from which the penny had de- shilling of 12 pence. AS. Will. 33. 352 APPENDIX G. when money ceased to be weighed might almost be cal- culated with tolerable accuracy, by observing the date at which it began to be legally adulterated. Wherever there is hope of gain, human nature, though often short-sighted, is generally ingenious, and as it was apparently to the advantage of the ruling powers to debase the coinage, so it became profitable to a still wider class to raise the standard of weight. Amongst the most profitable prerogatives of royalty was the right of levying toll, and as this right of toll, or droit d octroy, was often delegated to subjects, and the toll, or octroy, was levied in kind, a numerous body of magnates and burgesses were equally interested with the king in raising the weight of the Livre doctroy, or pound in which such toll was taken. This seems to have been effected by re-dividing the pound of sixteen ounces into fifteen, and adding an additional ounce, and a new pound was thus established numbering sixteen somewhat heavier ounces ; so that every merchant as he passed the Barrier e doctroy must have been in- geniously mulcted of some additional toll upon all that he bought or sold by the common weight. As time passed away, and toll, no longer levied in kind, was paid in money, the reason for this change, ceasing to be obvious, was gradually forgotten ; but such appears to have been the origin of the heavier livre doctroy, which passing into England, though only as a money weight of twelve pounds, has long been recognised as the standard, under the fami- liar appellation of "the Po2ind Troy."* * In many parts of Gennany, S\vit- Troyes in Champagne, deduce it from zerland, and elsewhere, there used to Geoffrey of Monmouth's name for Lon- be a heavy and a light pound, the don, Tjvynovaiit ! But they do not latter being simply the Cologne Mark explain how Troynovant became con- doubled, the former, probably, the nected with the weights of France and Toll pound. The Royal Commis- Holland, nor why Dutch Troys and sioners for settling the standard of French Tf-oys were familiar weights in weight, discai-ding the old idea that Scotland, whilst London Troys never the Troy pound derived its name from existed. EA RL Y I RE LA ND. 3 5 3 Appendix H. EARLY IRELAND. Irish history is not unlike a Palimpsest before the expe- rience of some practised scholar has detected, beneath the worthless handiwork of the mediaeval copyist, the original writing on the manuscript. Truth lies below, hidden under the — -but too often — worse than worthless handi- work of many a fabulist. Veritable legend has been dis- torted, palpable fiction has been largely invented, and the whole has been carefully compacted and neatly rounded off into a parody upon authentic history, gravely syn- chronized by the learned with real events of the past. The present race of Irish scholars, however, differing widely from the past, bids fair to remove ere long the accumula- tions which still continue to obscure the Palimpsest of their country's early history ; and by the light derived from their labours it is possible even now to disinter some of the real facts from beneath the mass of rubbish, heaped over them in each succeeding generation by the credulous or the designing. From the dawn of authentic history until the opening of the eleventh century, for five hundred years and up- wards, one race alone gave monarchs to Ireland, no pro- vincial king aspiring to contest their supremacy, however he may have refused to acknowledge their superiority. The inroads of the Northmen first broke the power of the Hy Nial, and during the century and a half intervening between their settlement and the English invasion, Mun- ster and Connaught disputed the throne with the lords of Ulster and Meath, and the ro3^alty of Ireland, no longer VOL. IT. 2 A 354 APPENDIX H. the perogative of a single family, was attainable by any of the provincial kings. It was the recollection of this latter period — of the equality of the provincial kings rather than of the undisputed supremacy of one race — which was stamped upon the memory of the Irish people after the cessation of their native line of princes, and it would be natural to expect that any history composed or compacted after the English invasion would be framed upon the later model. Such has accordingly been the case, and no sooner are the limits of authentic history passed than the historic fact of this undisputed supremacy vanishes, and the equal pretensions of the provincial kings reappear. The whole pre-historic annals of Ireland have been re- modelled upon the ideas of the thirteenth and fourteenth centuries ; many of the old legends contain valuable germs of truth, but the framework, the setting, must in most cases be discarded, for it is only too often the work of a thousand years later. It is in her Annals that the true history of Ireland should be sought, not in her " Books," her Pedigrees, or her Lives of Saints, all valuable in their way, but generally impregnated with the mediaeval ideas of their compilers, who were certainly not superior to the age in which they lived. In the earliest and most trustworthy of the Irish annalists, Tighernach, Abbot of Clonmac-noise, the ancient Celtic principle of "divided authority" is plainly visible, tivo confederacies, like the ^Edui and Sequani, invariably claiming to exercise the royal authority, whether over the whole kingdom, or over any of the numerous dependant provinces. In the earliest portion of these annals two leading kingdoms can be traced, the capitals, or rather, perhaps, the royal residences, in which were known re- spectively as Emania and Tara. Emania, traces of which still remain at " the Navan" near Armagh, belonged to the northern kingdom, known as UladJi — the Celtic Gulad, Gajtl, or Home — often pre-eminently distinguished as " the Province," and extending from the Drozi'se, flowing from Loch ]\Ielvin into Donegal Bay, to Ijiver Colpa at the mouth of the Boyne ; thus corresponding closely though EARL V IRELAND. 355 not exactly with modern Ulster.* Tara was the capital of a kingdom to which two names belonged, that of LaigJiin, still surviving in Leinster, whilst Gailin — foreign or alien land — a name which the Leinster men would have probably ignored, must be traced to a time when all not included in Uladh— Gaul or Dciitsch-land — would have been known as Gailin — or WalscJi~land.\ With Cimbaeth, the supposed founder of the northern kingdom, Tighernach begins his annals; and that the annalist considered the early history of Ireland to have been identical with that of " Irish Gaul " may be gathered from his accurate cata- logue of the thirty successors of Cimbaeth upon the throne of Emania, whilst he only notices occasionally the thirty rival kings of the Leinster race of Tara, merely mentioning that "thirty kings of Laighin ruled over Ireland from Labhraidh Loingsech to Cathary Mor."J The most celebrated wars of the legendary period of Irish history were waged by the northern kingdom against Olncmaght, then possessed by the Damnonians, and against Carbry and others of the Leinster line of kings of Tara. The reign of " Conary Mor" is the era in which these wars are supposed to have been carried on, and immedi- ately upon the death of that prince " Lugaidh of the red circles, son of the three Fins of Emania," reigns at Tara, "thirty kings of Lcth Ciiin" — or the north of Ireland — * Reeves' EccL Antiq., p. 352-57. respects to DeidscJiland and Walsch- The western portion of the province, land. The recollection of Irish Gailin therefore, included Foclad — the north — is retained in Gahvay, whilst that part the principal seat of St. Patrick's of Scottish Cumbria which was for labours, and the home of the northern some time in possession of the Angles Hy Nial, whose leading chieftain was as the diocese of Whithern, probably known as king of Aileach — Ely, or acquired from their occupation of the "the place of fosterage" — when not district the name of Gallcnvay. "The " Ardrigh" of Ireland. The initial G ancient Scots," says a writer of the has disappeared in Uladh, as the Vm seventeenth century, "until this day the similar case of Andalwsss.. There call the county of Caithness Gallibh'''' was a Campus Vodadensis ten miles {Col. de Reb. Alb., ■p. 307), Gailinne'x's, from Poictiers Greg. Tiir. Hist. Ecc, also used for " the enemy" — der feind 1. 2, c. 37, 43. The Loire must once — or the devil; and Gclyn in Welsh have been the northern boundary of means an enemy, some confederacy. + Gulad swA Ca///^ answer in many t Tigh. A.C., 305, 89. 356 APPENDIX H. according to the annalist, " reigning at Tara, from Lugaidh to Dermot MacKerval," a prince of the southern Hy Nial, in whose days it was deserted. '"" The result of these wars would then appear to have eventually placed a prince of the northern kingdom upon the throne of Tara, the notice of Tighernach, who from this period presences a list of the kings of Tara as well as of the Emanian line, seeming to identify the ancestry of the Siol Cuhin with the ancient lords of " Irish Gaul." At exactly this period Emania appears under the rule of a different line of kings, known as the " Clan Conal Cearnach," Tailtcn, the ancient burial- place of the lords of Uladh, was deserted for Brugh, the sepulchre of the Damnonian kings, where Lugaidh and his descendants were henceforth buried, and with the race of Concobar "the glory departed from Uladh;" or, in other words, Emania was supplanted by Tara, and Uladh, restricted to the eastern portion of the province, became the appanage of a different, though probably a kindred family. According to the invariable Celtic custom, the success of the " Guladach" had become the signal for their division, and a constant struggle for the supreme power is long traceable between the now kindred families of Tara and Emania.-f' A little further on Tighernach notices the death of Cathary, the last Ardrigh of the Leinster race, who was killed in the battle of Tailten, when the island was divided between Con and Eogan Taidleach, the ancestor of the Eoganachts and Dal Cas. It is not a little remarkable * Tigh. A.D. 44. As Con is sup- river of Galway to the Duff and Drowse posed to have been seventh in descent (the latter dividing it from Uladh). 2. from Lugaidh, Leth Cuiu must be here Fir Cracbe, from the palace of Fidhac used in anticipation for the north of (?) to Limerick ; and 3. Moy Sainhh, Ireland. It is almost needless to ob- from the palace of Fidhac to Tara in serve that the paternity of the ancestor Moy Bregh, thus comprising in a gene- of the race of Leth Cuin is mythical, ral way, Connaught, Meath, and Tho- He is evidently the first known man of mond. Rcr. Hib. Scrip. Vet. , vol. 2, the family. The second capture of p. 11, note 38. BruigJiin-da-bergha is supposed to have led to his accession. Olnemaght is f Old poem and Leab/iar na JCuir- supposed to have been di%aded into drc^ quoted in Petrie's Essay on Tara, I. Irros Domnon, extending from the p. 98, 105. EA RL V IRE LA ND. 357 that Tailten was the scene of the final triumph of Hcrcvion and Hcbcr over the Tnath-Dc-Danaii, after which they are also supposed to have divided the island between them. Nor is this the sole coincidence between the two periods, for IMacCccJit, one of the Damnonian opponents of the sons of Milcsius, reappears as the ancestor of the Clan na Morni, and one of the antagonists of Concobar and his Ultonians ; and other instances might be brought forward tending to identify this period with the supposed era of "Milesian" supremacy.* The name of Olnemaght, the old Damnonian kingdom, fades away, and its western portion, Irros Domnon, becomes known as ConnaitgJit — Con iocJita, further or lower Con — the Irros, or promontory, of the Damnonians being confined to the tract of country west of the Moy, where the name still lingers in the barony of Emis. About the same period, probably, the ancestry of the Eoganachts and Dal Cas acquired a supremacy over the earlier clans of Munster, known as Clan Dairfhine and Clan Degad, or Ernaans."f" Amongst the most prominent legends of the pre-historic period is the rising of the Aitcach-Tiiatha, the Luetic coloiii, or alien population — in other words, the original population * Tigh. 33, 165. Bk. of Rights, p. under Lugaidli Mac Con and Nemidh 205. Ogygia, pt, 3, c. 1 6. In the king of Emaans — Tigh. 212. There Irish legends the same stoiy is con- was evidently a time when " the south stantly being repeated, a peculiarity by of Ireland" was not " the inheritance" no means confined to Ireland. Thus of the ancestry of the Eoganachts their saints are always meeting with a and Dalcas, but in the possession of king with twelve sons ; or with two hostile clans. The Emaans were of brothers, one a pei^verse heathen and Fh'-Bolgicoic\gm,hom Loch Erne, ii-ovci cursed accordingly, the other a devout the neighbourhood of which lake their Christian, and of course the ancestor of ancestor Dcag was driven by the Ula- the reigning family. dach. The clan Dairfhine were of acknowledged non-Milesian descent. + Amongst the MSS. in the Bod- The name Daii--fhmc means "servile leian library noticed by Dr. Todd tribes." The name of the southern {Proceedings R.I. A., vol. 2, p. 336) is province Miiimean seems to have been one entitled "Accoimt of the war derived from yl/«/w^, a nurse or foster- between Oilil Ollum (son of Eogan) mother, as if it were not the original and Lugaidh Mac Con, who was de- mother country — the Gulad — of its prived of his inheritance by the former." ruling tribes, but \\\e. fosterer, a charac- This Oilil fought the battle of Cen- ter everywhere belonging to the de- febrat "against the south of Ireland" pendant and often alien class. 3S8 APPENDIX H. attached as a servile class to the land — against their lords, three only of the latter escaping destruction, the ancestors respectively of the ruling clans of Leth Cuin, the later Uladh, and Munster ; a legend incidentally confirming the fact that these were the true Milesian races, whilst the omission of all notice of the Leinstermen seems to point to their DamnoJiian origin.* Another pre-historic legend, bearing strong internal evidence of truth, is the conquest of Emania by the Col/as, through which the UladacJi lost the "plains of Conal Cearnach," comprising the counties of Armagh and Louth, and were confined to the eastward of the rivers Bann and Newry, or to the counties of Down and Antrim.-|- These Collas were traditionally the ancestors of the AirgiallacJi and Hy Many, whose position in early historical times throws a remarkable light upon the true history of this period. Nial, the ancestor of the Hy Nial whose real supremacy in historic times was never success- fully disputed before the days of Brian Boroimhe, is invariably known under the title of " Nial naoi-giallach," or Nial of the nine hostages, the power which he trans- mitted to his descendants having evidently been based originally upon the exaction of these "nine hostages;" or, in other words, upon the extension of his superiority over the people whose obedience to his authority must be inferred from the very fact of giving hostages, the invari- able mark of submission. The "nine hostages" were given by the Air^iallach, one from each of the Cantreds of that district, the very name of which means " Eastern hostages," the Western being their kindred the Hy Many, who held a position in Connaught exactly similar in every respect to that which "the Eastern hostages" filled in Ulster. These descendants of the Collas in historic times claimed as their own the thii'd part of the province, the thii'd of the Eric, the third of all treasures — the " tertius denarius et tertia pars bannorum" — resembling the Sequa- * A.F.M. lo. The kings of Lein- supposed to have been made over to ster were of acknowledged Damnonian the Damnonians by Heremon. origin according to O'Flaherty, Ogygia, Pt- 3. c. 30, 56, 70. The province is t Tigh. 332. EARLY IRELAND. 359 nian Gauls under Ariovistus and his Germans, the Roman under the Burgundian, or Visigoth; or standing in the position of the royal Jarl, Graf, Ealdorman, or Maor ; or of the Herenach, the "Advocatus ecclesis," of their native land ; in other words, filling the position of a subordinate, or deputy, appointed by a superior, or continuing, as such, to hold the lands which were once his own. Their exemption from military service in spring and autumn — during "seed time and harvest" — looks as if originally certain agricultural services were expected from them (for what mattered it to the non-cultivating "duchasach" of the blood of the Hy Nial at what season of the year he was summoned to war), whilst the supposed privilege that one of their race could be only convicted by the testimony of another of the same kindred, recalls the strictness with which the Barbarus and the Ronianus were originally confined to their respective codes. None of this race could ever aspire to fill the throne of Ireland, or even to attain to the position of a provincial king.* When the Clan Colla overthrew the Uladach, their followers are described as " seven bands of the Damnonian Bolg clans called Olnemaght," these seven bands answer- ing exactly to the seven Cantreds of Hy Many — the district of which the modern name of Gahvay yet retains traces of ancient Gailin — and it would seem as if the destruction of Emania and the overthrow of the Uladach were the results of a rising of the population whose kings once ruled at Tara.-f* Emania, however, was not the only conquest of the Clan Colla ; they had previously defeated " Fiacha of the red circles," of the race of Lugaidh, king of Irelan4, and usurped his throne, the historians of Leinster maintaining that the successful opponent of Fiacha was a king of their own province ;+ and it is difficult to avoid suspecting that the traditions of this period have been adapted to suit the prejudices of the dominant race, and that, in reality, from this epoch the supremacy returned to the rival race until the conquests * Tribes, etc, ofHy Many, p. 63-5-7. t An Inisf. 322 quoted in Rer. Hib. Bk. of Rig/Us, p. 135, 137, 147. Scrip. Vet., vol. 2, p. 76. % Tigh. 322. 36o APPENDIX H. of Nial re-established the authority of the family of Lugaidh of Emania, and reduced the Clan Colla to the position of subordinates. How much of their respective provinces belonged to the ancestry of the Airgiallach and Hy Many before they were restricted to the thirds ? It would appear, then, as if the north of Ireland had once been the Ganl or Home of the ancestry of those tribes who, by the conquest of OlncmagJit and of the greater part of LetJi MogJi — " the servile half" — became the domi- nant race in Ulster, Munster, and Connaught ; whilst the Leinstermen represented the descendants of the people who had once owned the centre of the island — the seat of the supreme power — before the unsuccessful issue of their great struggle with their northern rivals. A continual division of authority between two confederacies is as marked a feature of Irish history as it was amongst the Gauls in the days of Caesar, and after the expulsion of the Leinstermen from Tara, the Eastern Uladack seem to have held the second place — like the Sequani or Rhemi in Gaul — until their power was broken by the Clan Colla, who would appear to have thus attained to the second posi- tion, if not, at least for a short time, to the first. No great difference of origin may have really existed between the rival clans of Ulster and Leinster, any more than between the Jute, the Angle, and the Saxon ; or if any, only as much as led the Franks to look upon the descendants of the Suevian Semnones as Alajiianui or Aliens, a distinc- tion still traceable in the name of the Frank Galway — if it may be so termed — yi/-sace (Ersatz). By all the " yellow-haired" Gaelic races the greater part of the " dark- haired" people had probably been reduced long t^pfore to the condition of AitcacJi-Tiiatha or Z^cr^r-clans, constituting the bulk of the servile population attached to the soil.* * The greater preponderance of the in Irish tradition to "the tall, fair, "dark-haired races" in the south ap- yellow-haired Gael," and "the small, pears to have exercised an intluence black, lying, Fir Bolg" — the original upon the character of the southern Celt and his predecessor. " The population, for in the description left northern race is warlike, the southern by Giraldus of the Irish of his day ever treacherous; the one eager for may be recognised the features ascribed honour and confiding in their martial EARLY IRELAND. 361 The Eastern Uladach, often known as the Clan Rory, or Clan Conal Cearnach, were identical with the CniltJinccJi. or Irish Picts, and it is a question whether they are to be regarded as a body of allies, called in to the assistance of the Western Clans, and establishing their own predominance, much as Ariovistus and his Germans might have done but for the intervention of Caesar ; or whether the inhabi- tants of the western portion of the ancient province, the men of Foclad, shared in the same origin, and were also members of the painted race of Gzvyddcl FficJiti* In the account of the Cruithnech in the IrisJi Version of Neunius, it is stated that " thirty kings of the Picts ruled over Erin and Alban," some copies reading Erin and Uladli, and these kings surely correspond with the thirty kings of Emania recorded in the Annals of Tighernach, as well as with the thirty descendants of Bruidi who are said to have reigned over Alban and Erin in the old " Chronicle of the Picts." Prominent amongst these kings of the Cruithnech is a certain Gcde-OlgotJiacJi, who some- times figures as a son of the mystical OllaniJi-Fodla {GollamJi, or Ruler of Ireland) and king of Erin, some- times as Cede or Gud, son of Cathluan or Cruithne, the ancestor of the Picts, this Gede or Gud being identified by Mr. Petrie, in his Essay on Tara, with Heremon the Milesian.-f- In this case CridtJinccJi and Milesian are only diff"erent names for the same people, and there is not a little to be said in favour of such a theory. Concobar prowess, the other loving deceit and of Britain all its inhabitants painted trusting to artifice. The former strive themselves— they were all Brythoneg — for their end by open force and in but they were^certainly not all Cymri. battle ; the latter by wiles and treach- The ancestors of the Bretons, for ex- ery." ample, seem never to have acknow- * These Cruithnech are often sup- ledged the name, and the Welsh tradi- posed to have been Britons, and to tions limit it to a portion of the original have consequently spoken a language Celtic inhabitants, whilst their allusion akin to modern Welsh. That Cruith- to the Gtvyddel Ffichtl points to the neck is in a certain sense the old Gaelic existence of Gaelic ^rj//'//c7«^^ or Cr«zV/5- form of Brythoneg is highly probable, nech. but it does not necessarily follow that ■\IrishVersionofNenniiis,R.I.A.S., Gvexy Brython was a Cymi-o. In the p. 157, IviL, xcii., cxv., cxvi. Pdriis early part of the Roman occupation Essay on Tara, p. 153. 362 APPENDIX H. of Uladh is supposed to have conquered all the land from Loch an Choigeadh and Tara to the sea; his Rath, or fortified residence, was long pointed out at Tara, his sepulchre at Brugh — in other words, Emania the earlier residence, and Tailten the ancient burial-place of the kings of the Uladach, were deserted in consequence of these conquests for Tara and Brugh, the residence and sepulchre of the leading confederacy; for he who held Tara ruled supreme over Ireland.* It was about this time that the line of Leth-Cuin first acquired the supre- macy at Tara in the person of Lugaidh of Emania — whose title "of the red circles" equally applied to his descendant Fiacha, has a very Pictish sound — whilst Emania itself, under the line of Conal Cearnach, sunk into a position of secondary importance; and it seems, indeed, a singular result if the successes of Concobar led to the depression of his own people, and the exaltation of a strange family to the supreme power.*f * Essay on Tara, p. 141, 145. Ac- cording to an old tradition ' ' Patrick preached to the men of the North, to Ultu, CruitJme, ^xA Dalnaraidhe,^'' and as the voices he heard in his dream came from the wood of Foclad, the people of that district must have been in- cluded under one of the two first desig- nations. The close connection once existing between the Siol Ciiinn and the Clan Rory is evident from the tradition in the Book of Rights, that there was the same prohibition against war be- tween the two races as existed in the case of the clans of Eogan and Conal, the two branches of the northern Hy Nial — a prohibition in each case equally dis- regarded, if there is any truth in Irish histoiy {Bk. of Rights, p. 239, 267). In the " Genealogy of Corca Laidhe,'' the battle of Car7i Mai is said to have been gained over the race of Ir, Heber, and Heremon, who are subsequently noticed as Ulstcrmen, and men of Fail or Eire [Miscell. Celt. Soc, p. 7, 67, 69). In fact, if Foclad or western Uladh was not the original home of the ancestry of the Siol Cuinn, they must have been Fir Bolg. The names of Nial and Clan Ruadhraigh (Roderic) are rather remarkable, considering that tradition gives a Saxon origin to Nial on the mother's side, and makes the wife of Lugaidh, the ancestress of the whole race, a princess of Lochlan or Scandinavia — Tigh. 79, 358. f There is a mutilated fragment of Tighernach [^An. 171) in which the annalist says that when Con was on the throne seven kings of the Picts had reigned over Ireland. Con was him- self the seventh king of the race of Lugaidh of Emania. There is a pas- sage in the Origines of Isidore wliich seems to bear strong testimony upon the point in question — " Scoti pro- pria lingua nomen habent a picto cor- pore, eo quod aculeis ferreis cum atra- mento variarum figurarum stigmata an- notentur." Isid. Orig., 1. ix., c. 2. There can be no mistake about the people to whom he alludes, for else- EARL Y IRELAND. 363 After the Uladach were confined within their later historical boundaries, their two leading confederacies were the clans of Uladh proper, or the diocese of Down, some- times known as the Dal-fiatach, and the tribes of Dal- araidhe, "the district of the Airds" or Uplands, answering to the diocese of Connor, to whose chieftains the title of "king of the Cruithnech" is often given. A third con- federacy subsequently rose into consideration, descended from a certain Eocha Mac Conla, king of Uladh, and occupying the south-western portion of the province, or the diocese of Dromore, under the title of Hy EacJiach CobJia or IvcaglL All these clans were probably of kindred origin and were known collectively as Uladach, though that name belonged more particularly to the people of the diocese of Down.'" Towards the latter part of the eighth century where he says, " Scotia, eadem et Hiber- Ilia .... quod a Scotomm gentibus coHtur, appellata," \. xiv., c. 6. As at the period when Isidore wrote — he died in 636 — self-painting was obsolete in Ireland, he must be repeating the statement of some long-forgotten autho- rity of an earlier age ; and I cannot see how the inference is to be avoided that the Scott were once known in their own language by a name derived from the habit of self-painting ; in other words, by the name of Cruithnech. * Malcath Mac Scandal, whom the Four Masters call "lord of the Cruithne of the race of Ir^'' is the first, and Flathrai Mac Fiachna, a grandson of Malcath's brother Dungal, is the last "king of the Cruithnech" mentioned in historical times. Tigh. 629. An. Ult. 773. Tighemach, ad an. 553, is my authority for the descent of the Iveagh. The family|of "Fiatach the fair," traditional ancestor of the Dal- fiatach, is supposed to have supplied kings to Uladh alternately with the Clan Conal Cearnach after the line of Con- cobar had ceased to reign at Emania ; and as in historical times the two lead- ing confederacies sharmg or contesting the supreme authority in each of the provinces were invariably branches of the same race, there seems no valid reason for supposing that Uladh formed an exception to the universal rule. In Ireland, however, as in Scotland, a Pictish origin was not in favour. The race of Conal, indeed, becoming ex- tinct or forgotten, was left to its fate ; but the " O'Donlevy," the head of the Dalfiatach, was long a personage of importance, and accordingly the framers of the pedigrees relieved his family from the Pictish stigma by engrafting it upon the main Milesian stem as an illegitimate offshoot of Ernaan origin — "quite different from the Emaans of Fir-Bolgic origin," as O' Flaherty has- tens to explain, a troublesome race whom he drowns in the waters of Loch Erne as ruthlessly as Keating destroys the equally troublesome '■'■Plebeians'''' of Milesian origin by a pestilence, so dis- criminating as to spare the nobility and vent its fury solely upon the lower orders ! It will be found almost in- variably that the ruling families in those petty kingdoms — generally situated amongst mountains or morasses — which appear in the Book of Rights on 364 APPENDIX H. the Ulster annals bear testimony to an obstinate contest raging amongst the Dalaraidhe, the victors being described as Tomaltach Mac Inrechtach, and Eocha Mac Fiachna, to whose son Duncadh the lords of clan Dermot, a terri- tory situated within the limits of ancient Dalaraidhe, subsequently traced their origin. After this period the sons of Bresal Mac Flathrai, the last chieftain of his race noticed in the Ulster annals under the title of king of Dalaraidhe, appear as lords of Dalaraidhe Tuisccart, or the northern Uplands ; and as the names of Kenneth Mac Cathusaigh, Dungal Hy Fergus Forcridh, and Fogartagh Hy Conalta, all telling of the clan CoUa, occur in connec- tion with these wars, it would appear as if their results entailed upon the ancient lords of Dalaraidhe the loss of the districts afterwards known as clan Dermot and Hy Tuirtre, and limited their authority from this time forAvard to Tuisceart* Tomaltach, Malbresal of Cobha, or Iveagh, and lastly Lethlobar Mac Loingseach, the ancestor of the subsequent line of kings of Dalaraidhe, and sometimes, but rarely, of the whole province, were lords of the district at the close of the eighth and the opening of the ninth cen- turies, the more ancient line holding under them their circumscribed dominion of Tuisceart. Broken in power, and now beginning to sustain the assaults of a new and deadly foe, the Northmen, towards the middle of the century, disappear from Irish history, the last known member of the race figuring as a churchman, but not therefore escaping the fury of his heathen enemies."f It is at this period that the south-western portion of Scottish Cumbria, which had once been occupied as the diocese of Whithern by the Northumbrian Angles, is sometimes sup- posed to have received a new population, imprinting upon a tributary and dependant footing, have of the Clan CoUa. The " Ecclesiasti- been grafted upon the great Milesian cal Antiquities of Dowti, etc.," is a stem by fanciful, and sometimes re- work full of information on the ancient volting legends, usually revealing a state of the united dioceses, and all wrong affiliation. acquainted with it will be fully aware * An. Ult. 773, 775, 782, 791, of the extent of my obligations in this 823, 832, 848. Reeves' Ec. Antiq., p. sketch to Dr. Reeves. 363. The Hy Ticirire were a branch t An. Ult, 848. EARLY IRELAND. 365 the topography of the country the evidences of a Gaelic dialect, and dedicating their churches to the saints popular amongst the clans of the opposite Irish coast ; and if the conjecture is correct, when, in the thirteenth century, John granted the whole territory of Dalrcth, Tinsccarf, and other neighbouring districts, to Alan, lord of Galloway, there may have been a foundation for the claim of the Galloway chieftain in some dim traditionary connection with the earlier line of the princes of Dalaraidlie.* * Rcnies' Ec. Antiq, p. 323-4. Dal- reth, as distinguished from Ttiisccart, must here mean southern Dalai-aidhe (of which name it is evidently a cornip- tion) or some part of it — any part, in short, rather than Tuisceart, to which it cannot apply. About a century later this part of the old district fell into the power of a junior branch of the O'Neills of Tyrone, and the earlier name died out in that of Claimahoy. It appears, however, to have lingered on under the corrupt form of "the Route'''' in Tuis- ceart, the latest home of the old line of princes, which was also known subse- quently, from the name of a family of Welsh origin, as " Mac Quillan's coun- tiy." It is exactly in this quarter that Irish Dalriada is usually placed, a little mythical kingdom unknown to the early annalists, for Tighemach never applies the name to any other locality than British Dalriada. History is totally silent about its princes, and it is utterly impossible to define its extent or boundaries at any historical period, without intruchng upon the territories of historical personages. Its existence in prehistoric times is equally dubious, but to argue such a question gravely would be like giving battle to a shadow, {Reeves, p. 72, 343). 366 APPENDIX I. Appendix I. PICTS AND SCOTS. Few questions have been fated to originate more fierce debate than the origin of the Picts and Scots, the pages of Father Innes, Chalmers, Pinkerton, Ritson, and others, affording ample information about the numerous theories advanced upon this much vexed subject, to all who may feel any interest in the wordy warfare. Much of the mystery and confusion enveloping the subject under discus- sion may be traced to the names themselves, which are as arbitrary and unreal in their nature as that of German, applied by us alone to the people called AUemands by the French, ScJnuabc by the Magyars, Nicmcy by the Sclavonians, and by themselves Dcntsch, a name which ■ivc again apply to the Hollanders. The Celts, as may be gathered from the Welsh laws, were accustomed to call their own country, or province, Gnlad, and all beyond the frontier Gor-Ulad—3. vague word simply meaning "extra- neous " or " over the border," and applied to any country immediately beyond a frontier, without necessarily imply- ing an alien origin in its inhabitants. Thus, in one sense, Powys was Gor-nlad to Gwynedd, Gwynedd to Powys ; in another, all beyond the limits of Cymni was Gor-?ilad, the people beyond their frontiers being known to the Cymri in the days of Beda as Garmani. This vague Celtic word was applied by the Romans to the people upon the right bank of the Rhine beyond the limits of G2ilad, who at the period of Csesar's occupation of Gaul were mostly of Teutonic origin ; and thus Gennanus be- came the classical name for all the people of that race with- PICTS AND SCOTS. 367 out ever being acknowledged or adopted in their own tongue as a national appellation.* Exactly in a similar manner Scotia and Scoiits first appear in Latin authors as the classical names of Ireland and her inhabitants, never acknowledged or adopted in the native language of that country, though often used as Latin names by her early writers. Scotus is next found as the Latin name for a descendant of the Irish colonists from Northern Dala- raidhe, who, early in the sixth century, established their authority over a district answering to the modern county of Argyle to the southward of Lochs Linne and Leven, * The passage in Bed. Hist. Ecd., described the Belgre — Fir Bolg or in- 1. 5? c. 9, is as follows: — " Angli et Saxones qui nunc Brittaniam incolunt hactenus a vicina gente Brit- tonum corrupte Crrrwa;;? nuncupantur." Zeuss [Gram. Celt., p. 735, note **), derives the word Gennaims from the Welsh f'«', Gaelic^a/r, implyingj//r/;;//j', but I think it was merely the Latinized form of the word applied by the Gauls to any dweller in Gor-Ulad. If the mutilated inscription on the Fast. Capit. can be relied upon, the word was known to the Romans as early as the triumph of Marcellus "de Gallis Insubribus et Genua nis.''^ It may be gathered from Polybius that these Gennaui were Transalpine Gauls from the neighbour- hood of the Rhone, known as Ya.i 1 t j Siferth and Jacob appear amongst the + Cod. Dip., Nos. 519, 567, also vol. witnesses to an authentic charter of i, Introd. p. xliii. xliv. THE ENGLISH CLAIMS. 389 circumstances connected with it are especially worthy of notice. Malmesbury in his Antiquities of Glastonbury mentions certain privileges and grants made to the monas- tery by Edgar, and the text goes on thus, " Hoc donum, ne instabile vel inglorium sit, lituo eburneo, quem linibus auri praitexebat, super altare dato confirmavit. Dcdit ctiavi aliiid privclcgiiiui in Jicec verba — (here follows the charter in question, concluding) Acta est hcsc privelcgii pagina et coiijirmata apnd Londoniiun .... anuoC)'ji indictione 14 ... . Ad supplementum vero securitatis ne tanta liberalitas nutaret, Johanne .... Papa per- suaso, donum suum Apostolico sufifulsit edicto, cujus hiec est series. Noverit cunctorum, etc Actum tempore Egelwardi, ejusdem monasterii Abbatis, hoc Apostolicum decretum anno 965.""" In other words, a charter dated in 97 i and attested amongst other witnesses by Abbot Sigegar, was eonfirnicd by the Pope in 965 in the time of Sigegar's predecessor Abbot Aylward ! The interpolation is unmistakeable; but by omitting the words in Italics, the sense is restored as Malmesbury wrote it, Edgar's original gift, attested by placing the ivory horn on the altar, having been confirmed by the Pope in 965. The same interpolation is traceable in nearly every MS. of the Gcsta Regmii, in which this identical charter reappears, to be invariably confirmed by the Pope five years before it was granted by the King!-f* It would be unjust to attribute this questionable transaction to Malmesbury. In his Gcsta Rcguui he writes thus, " Arturis sepulchrum nusquam visitur unde antiquitas nainiarum adhuc eum venturum fabula- tur:" and again, in a passage copied from his Antiquities of Glastonbury, " Illud quod clam pene omnibus est, libenter * Antiq. Glast. [Gale and Fell, vol. confirmavit. Eodemque anno qui fuit 3, p. 319, et scq.) 965," etc. In sec. 153 he is supposed t Gesta Kegiiin, 1. 2, sec. 149 to 151. to write of another charter of Edgar The text at present stands thus, " Prive- "anno 974, regni vero mei quarto- legium .... sicut in antiqua scedula decimo.'" I cannot attribute to Malmes- legi, non est absurdum inserere." bury the absurdity of desci-ibing, in Then follows the charter, concluding sec. 150, 965 as the tivelfth year of thus, "Hanc privilegii paginam Ead- Edgar's reign, and in sec. 153, 974 as garus (//Wtr/wi^ anno regni sui .... \\\t fourteenth ! 390 APPENDIX L. praedicarem, si veritatem exculpere possem, quid illae pyra- mides sibi velint qua; .... cimeterium monachorum praetexant :" yet in the same Antiquities some one has not hesitated to interpolate the following, " praetermitto de Arturo, inclyto rege Britonum, in cimeterio monachorum inter duas Pyramides cum sua conjuge tumulato!" The body of Arthur was discovered, according to Wendover, in 1 191, and the hand of Malmesbury had long been mouldering in the grave when this passage, and the charter, of which he was equally ignorant, were inserted by some unscrupulous fabricator in his works.* Another fabrication which has been inserted amongst the events of this reign, is the cession of Lothian to Kenneth of Scotland, to be held of the English crown as a hereditary feudal fief This first appears in the pages generally attributed to John of Wallingford, who filled the office of abbot of St. Albans — the same monastery in whose chronicles "the five Kings" first appear with king- doms — from I 195 to 1 2 14; though they would appear rather to have been the work of another John of Walling- ford who died in 1258. According to this authority, on the death of Osulf, unwilling that any part of Northumbria should pass hereditarily, Edgar created an earldom for Oslac, extending from Humber to Tees, and erected the sea-coast of Deira, reaching from Tees to MirefortJi, — meaning probably the Firth of Forth — into another earl- dom for Eadulf Ewelchild, which must have interfered considerably with the grant to Oslac. Lothian, always open to the incursions of the Picts and Scots, was little cared for by the English kings, and Kenneth, hearing of the liberality of Edgar, and hoping to profit by it, was conducted to the English court by the two earls and Elfsi, bishop of Durham — a proceeding not a little sug- gestive of the marginal addition to Simeon of Durham, to which allusion has been already made. Arrived there, Kenneth sug-ofests to Edsrar that this neglected Lothian 'fc>fc>^ * Gcsta ]\t[i;nin, 1. i, sec. 21 ; 1. 3, Artlnir was disccnvrcd in the time of sec. 2S7. Aniig. Glusf. (Gale and Cambrensis. Dc Iiistnic. rrinc. {Aug Fell, vol. 3, p. 306). The body of Chris.), Ap. ix. THE ENGLISH CLAIMS. 391 had always belonged of hereditary right to the kings of Scotland, a claim which Edgar refers to his council, who assent to it, with the reservation that it was always held by homage, assigning as a reason that it was a Avorthless province, and difficult of access to defend. Kenneth ac- cordingly consents to hold Lothian as a fief " sub nomine homagii .... sicque determinata vetus querela de Louthion, et adhuc nova saepe intentatur."* It is scarcely necessary to remark about a tale so redolent of the age in which it was first put forth, that it will not be found in a single authority of an earlier date than the thirteenth century. Every chronicler before that epoch, Norman as well as Saxon, was ignorant of "the old quarrel about Lothian," yet it is strange that vEthel- ward, at least, should not have celebrated its cession during his kinsman's reign, in some of those unpolished periods that excited the contemptuous pity of the fas- tidious Malmesbury. Simeon, the best authority for Northumbrian history, writing a hundred years and up- wards before Wallingford, tells how Lothian was ceded to the Scots through the pusillanimity of Eadulf Cudel in the days of Canute, ignorant alike of the previous cession to Kenneth and of the existence of "the old quarrel" in the time of Edgar. Yet Simeon's earls — Osulf, Oslac, Waltheof, Uchtred — are historical characters whose names appear in authentic charters ; " Oslac Eorl with the * Wallingford {Gale ajtd Fell, vol. — some period of the great struggle 3, p. 544). Mon. Hist. Brit., p. 22, between John and Henry III, against note E. No sense can in reality be their barons. "Osulf jam mortuo, extracted from this passage, for even noluit sub nomine hereditatis Rex earn supposing Deira to be a mistake for partem terrte alicui provenire Bernicia, and explaining Mirefortk to sicque duo regna ad duos comitatus de- mean the Filth of Forth, the sea-coast venerant, pennanserantque omni tem- from Tees to Forth must have of course pore Regum Anglorum sub ditione et included Lothian. The accuracy of donatione eorundefu.'" Evidently he this writer in matters of history may be was a strenuous assertor of the preroga- tested by his account of Northumbrian tives of the crown. His assertion is affairs during the reign of Athelstan incorrect as far as relates to Northum- (p. S40). He uses some expressions, bria beyond the Tyne, which was however, which are worthy of the always held by a member of the old notice of English historians, consider- race, i.e., hereditarily, confirmed by ing the time at which they were written the Anglo-Saxon king. 392 APPENDIX L. Here dwelling in the Eorldordom" is mentioned in the laws of Edgar, but the name of his companion in the pages of Wallingford, Eadulf Ewelchild, is never found except in two spurious charters — once in the appropriate company of another myth, Malcolm Dux — and in fact is nothing else than a blundering attempt at adapting the real ceder of Lothian, Child Eadulf Cudcl, to the time of Edgar as Eadulf Ewcl-child.* Wendover has improved upon the account attributed to his abbot, mentioning the conditions on which Lothian was to be held. Kenneth and his successors were to attend the court of the English kings on every solemn festival when the latter " wore the crown," and viansioncs were assigned for the support of the Scottish train on these continual progresses, which remained in the possession of the Scottish kings until the reign of Henry the Second. The addition of Wendover, with the Diansioncs \\q{<\ to the days of the second Henry, was purposely framed to correspond with the supposed cession of Lothian, which the same chronicler has added to the fiefs surrendered by Malcolm IV. to the English king in i 157 ; a cession which has not only been over- looked by every contemporary authority, but was also totally ignored by the English kings themselves, who showed an unaccountable negligence in exercising the right, which they would unquestionably have acquired by such an act, of summoning the baronage of the Lothians to perform the military service due to their English overlord."!* Passages of the third description — amplifications and exaggerations of the truth — are occasionally more difficult to deal with. The events of some of the most interesting periods of Anglo-Saxon history were principally preserved in ballads, traditions, or legends, and too much stress should not be laid upon the minute accuracy of accounts handed down through the medium of such authorities, whose expressions, when they exalt the prowess or power * Sim. Dun. {Twysden), 1072 and + Rog. Wend., vol. I, p. 416; vol. p. Si. Leg. Edg. Sup., x'^. Cod. Dip. 2, p. 286. The latter passage lias Sax. Mv. Nos. 563, 598. been interpolated in Diceto, vide pt. 2. THE ENGLISH CLAIMS. 393 of their favourite heroes, are apt, however they may have suffered in elegance, to gain rather than lose in force in the Latin form under which they appear in later chroni- clers. Results alone can test their truth, and where fairly judged they will generally be found very accurate where no special end was to be gained by an opposite course. There is no difficulty, however, in ascertaining the real course pursued by the Anglo-Saxon kings whenever a prince of alien race submitted to their authority, Welsh history affording abundant examples, though it will be unnecessary to ascend higher than the reign of Alfred. All the princes of the southern Welsh sought the protection of Alfred against the encroachments either of the northern princes or of the Mercians ; and after the successful resistance of the great king to the Danes, Ana- rawd of North Wales submitted, and was placed on a similar footing with the semi-independent Mercian Ealdor- man. But it was Athelstan who first settled the tribute to be paid regularly by the leading Welsh princes, a tribute which was fully acknowledged in the Welsh laws attributed to Howel "the Rich;" and it is in the charters of the founder of the English monarchy that they make their earliest appearance as attesting " Subreguli," whilst their bishops became, and still remain, suffragans of the Archbishop of Canterbury.* What then were the prac- tical results of the subjection of Wales to the Anglo-Saxon monarchy ? Her princes paid tribute to the English king, giving hostages for their fidelity, and occasionally attend- ing the court of their overlord, and subscribing his charters as " Subreguli ; " her prelates, consecrated by an English Metropolitan, received the pastoral staff from the English king ; and her people, numbered amongst the subjects of the Anglo-Saxon crown, were included in Edgar's laws amongst the "Angles, Danes, or Britons, on every side of my dominion."*!' No tribute was ever levied since the * Asser. (Jlfo/i. Hist. Brit.,^. 48S). Leg. Edg. Sup. 2. " Propugnator Malm, Gesta Regjim, 1. 2, sec. 124. Brettonum" is the title generally used Cod. Dip., 353, 363, 364. in these charters, the Welsh Rcguli t Cod. Dip. 411, 426, 433, 451. app"^aring in No. 451 on the same 394 APPENDIX L. days of Oswy and Egfred upon the Scottish people, no authentic charter attests the presence of a Scottish king at the English court to subscribe his name amongst the attendant Subreguli, and no Culdee prelate acknowledged the supremacy of the metropolitan either of York or Canterbury — and unless practical results of this descrip- tion can be shown to have ensued, no passage in a chronicle, however reiterated or exaggerated in the pages of subsequent writers, will prove the dependance of the Scottish kingdom upon an Anglo-Saxon overlord. It is unnecessary to enter upon the Bretwalda con- troversy, for, granting the theory in its fullest extent, the tribes beyond the Forth would scarcely have paid a deference to the Roinancsqiic authority, supposed to have been first vested in a petty Sussex Hcrctoga, which they had invariably refused to the Imperial Lieutenants. The power of Oswy was based upon a very different founda- tion : it was won by the sword and lost by the sword ; a veritable conquest as far as it extended, entailing a foreign bishop and foreign tax-gatherers, both bishop and Gcrefas flying after the battle of Nectan's Mere, and never more exercising jurisdiction or exacting Gafol beyond the Forth. No claim is again put forward to any authority over the Scots until a passage, occurring in two MSS. of the Saxon Chronicle, represents Constantine II. as tender- ing a voluntary submission to the elder Edward at Bake- well in the Peak, in the last year of that sovereign's reign. It is as follows — " He went thence into Peac-lond, to Badecan-well, and commanded a BiirJi to be built nigh thereunto and manned. And then chose him to father footing as the Atheling Edgar, also slain, and his head brought to Earl styled Reguhis. Though such titles as Harold, who sent it to the king, and "Cyninget Casere totius Britannias," " King Edward committed the land to and "Rex totius Albionis" are met his two brothers, who swore oaths and with, no authentic charter ever claims gave hostages to the king and to the actual sovereignty over the Scots. The earl, that they would be faithful to him position of the Welsh princes just be- in all things, ready to aid him by water fore the Conquest will be best appre- and by land, and would pay such ciated from the following extract from tribute from the land as was paid the Chron. Sax. ad an. 1064. Grifiin, before to other kings." " king over all the Welsh nation," was THE ENGLISH CLAIMS. 395 and lord the king of Scots, and the whole nation of the Scots, and Ragnald and Eadulf's son, and all those who dwell in Northumbria, as well English as Danes and Northmen, and others. And also the king of the Strath- Clyde Wealh and all the Strath-Clyde Wealh."* How far does this passage agree with the true history of the period as far as that can be ascertained ? Alfred's rule never extended over the Danes. When Guthrum and his Here "gave hostages, and swore with many oaths that they would leave his kingdom^' the agreement was fulfilled by their departure from Chippenham, in Wessex, to Cirencester in Mercia — across the Thames — and though Alfred's kingdom was subsequently enlarged, at his death he only ruled over all " Angel-cyn, except that part under the Danes." The earlier years of Edward were passed in frequent struggles against the same people, nor was it until within a few years of his death that the Danes of Mercia and East Anglia "sought him as lord" — the Southum- brian Danes, in other words, for all the early authorities agree that Athelstan was the first king who united Angles, Danes, and Britons, under one sceptre. " In uno solidantur Britannidis arva," wrote ^thelward, profoundly ignorant of the passage which now appears in the Saxon Chronicle attributing this union to Edward ; an ignorance in which the author of the old poem to which Malmesbury alludes also shared, when he described the Northumbrian Sitric as one " qui antecessorum regum potentiam rugatis naribus derisissit." The contempt of the Northumbrian Danes for the authority of Athelstan's ancestors is scarcely consistent with their voluntary submission to his father in the pre- ceding year. The ignorance of the earlier authorities about this passage is justified by the authentic charters of the reign of Athelstan, in which the names of the Danish Eorls occur for the first time amongst the attesting witnesses. It was not till after Sitric's death in 927 that the submission of the NortJuinibrian Danes to an Anglo- Saxon king was first brought about, Athelstan possessing * Cluvn. Sax. 924. The two INISS. are the Bend and the Cottoniaii of Wheloc, now lost. 396 APPENDIX L. himself of the kingdom of his sister's husband, and defeating all the attempts of Godfrey, the survivor of Ivar's grand- sons, to establish himself in the territories of his brothers* But not only is the passage inconsistent with the history of the period as it appears to have been known to the earlier authorities of the tenth century ; it contains internal evidence of its untruth. That such acts of sub- mission were made upon a frontier is a fact notorious from all the tenor of contemporaiy history ; and when Edward received the submission of the Southumbrian Danes, the Boris, the Holds, and the Here, tendered their allegiance each in their respective neighbourhood, a course rendered still more imperative from their tendering it in a body, according to the older form of Leiidisaniiuni. Every Danish Freeman Siwoxo. personally to be true to his Anglo- Saxon " Hlaford and Mundbora," and the oath was of course taken at some neighbouring place at which every Freeholder could attend."!* The words which Simeon and Florence place in the mouth of Malcom Ceanmore show that, in the opinion of that age, no Scottish king had ever met an Anglo-Saxon sovereign except upon their mutual frontiers,]: and all authentic history proves such meetings to have invariably been the result of a march to the north. But Bakewell in the Peak is hardly upon the Scottish, nor even upon the Northumbrian frontiers, and the con- struction of a BrirJi in the north of Derbyshire would have scarcely brought the Danes to terms ; much less would it have gathered the whole free population of Scotland, Northumbria and Strath-Clyde, around their respective leaders, to take the oaths of fealty at such a distance from their homes, and to place themselves within the socn of the English king ! Nor is this all. Three years before his supposed appearance at Bakewell, Reginald Hy Ivar was in his * Cliron. Sax. 878, 879, 926. of the northern Welsh at Hereford, Ethehc:, 1. 4, c. 5. Malm. Cesta and of the Cornishmen at Exeter. Regimi, 1. 2, sec. 134. Cod. Dip., Ma/m. as above. 353, 363- f Cliron. Sa.x. 918, 921, 922. So X Sim. Dun. dc Gcstis. and Flor. also Athelstan received the submission Wig. 1092. THE ENGLISH CLAIMS. 397 grave. Tlie Irish Annals, at this period most accurate and trustworthy authorities in all connected with the Hy Ivar family, place his death in 921.* Undoubtedly the English chronology of this era is hopelessly confused, and Florence places these events under that year ; but if his date is preferred, the three last and most important years of Edward's reign are left a blank, and the authority of the best and oldest MSS. of the Chronicle must be impugned. I cannot think that this is necessary, Ed- ward built a Biti'Ji at Bakewell in the last year of his reign, and the chronicler faithfully recorded it as his latest act ; but of the vast assemblage of all Scotland, North- umbria, and Strath-Clyde, which gathered around that place to tender allegiance to Edward as their overlord, both king and chronicler were equally ignorant. No period of Anglo-Saxon history was more glorious, or is less known, than the reign of Athelstan ; a few simple notices in the Saxon Chronicle, and the old poem which Malriiesbury somewhat contemptuously follows, alone re- maining, with the exception of the great king's Laws, to throw a scanty light upon the events of this epoch, though later Avriters have not scrupled to supply the deficiency. Much confusion also has arisen, occasionally perhaps unin- tentionall}^ between the Scots and Northumbrian Danes, but it may be generally rectified by observing the invari- able practice, not confined to England, of enforcing a renunciation of idolatry upon the followers of Thor and Odin whenever they submitted to a Christian prince ; a condition which it is almost unnecessary to point out as totally inapplicable to the Christian Scots. A passage of this description occurs in one MS. of the Saxon Chronicle at the very outset of the reign of Athelstan. It is as follows : " And Sihtric perished : and king Athelstan obtained the kingdom of the Northumbrians. And Jic ruled all the kings zvho were in this island ; first Hcnvcl king of the West Welsh, and Constantino king of Scots, and Ozven king of Gwent, and Ealdred Eadulfs son from Baniborough. And they confirmed the peace with pledges * An. Ult. 920. 398 APPENDIX L. and oaths at the place which is called Eamotuni on the 4th of the Ides of July ; and they renounced all idolatry, and after that submitted to him in peace."'"' That upon the accession of Athelstan to the kingdom of the North- umbrians, four Christian princes should meet from different quarters to renounce idolatry, and to confirm " the Frith " which they had not yet broken, seems scarcely compatible with common sense ; but by omitting the words in Italics the true meaning of the passage is at once restored as it was entered originally in the Chronicle. The Danes of Northumbria "confirmed the FritJi" — an expression con- tinually occurring with reference to that people — renounced idolatry, and submitted in peace to the rule of their new king. The rest is an interpolation, incorporated somewhat clumsily in the Chronicle. A similar inaccuracy is traceable in the account taken byMalmesbury from the old poem, representing Constantine and Eogan of Strath Clyde as meeting Athelstan at Dacor, and surrendering themselves and their kingdoms into the hands of the English king, who orders a son of the Scottish king to be baptized, himself standing sponsor on the occa- sion. As neither Constantine nor Eogan ever appear in the character of Subrcgtili, the first part of the story may be dismissed as an exaggeration, the supposed paganism of the former throwing great suspicion upon the remainder. That there was a negotiation between the kings on the subject of Godfrey Hy Ivar is highly probable; but as Constantine had assisted the Northumbrian Angles against this very Godfrey and his brother Reginald only a few years before, it is hardly possible that he should have chosen the moment when Godfrey w'as driven from his brother's kingdom, to support, against his former allies, pretensions which he previously opposed. It was his connection with Olave Sitricson, his own son-in-law, that first placed Constantine in the ranks of Athelstan's enemies. For the remaining events of this reign the scanty records of the period have been exaggerated until an expedition in which Athelstan reached Forteviot and " over-harried * Chron. Sax. 926. THE ENGLISH CLAIMS. 399 much," whilst his fleet swept the coast to Caithness, has been magnified into a complete subjugation of the whole of Scotland, one authority detaining Athelstan three years in the country, whilst he busied himself in placing princes over her provinces, provosts over her cities, and in settling the tribute payable from the most distant islands!* Yet even the real and substantial victory of Brunanburgh brought no Scottish king to the court of Athelstan to attest his charters as a Snbrcguhis. It only confirmed his authority for the time over the Northumbrian Danes. Edmund's cession of Cumberland to Malcolm I. as a Lceu was the cause, and the result, of the first authen- ticated meeting between an Anglo-Saxon and a Scottish king. It was made over on the frontier, and it was upon the frontier again that, after the assassination of Edmund, the Scots renewed their oaths to his successor Edred. The grant lapsed upon the death of Malcolm, and was never renewed ; and as no more mention is ever made of " the Scottish oaths," they must have been given in rela- tion to this grant of Cumberland, the withdrawal of the Lcsji from Malcolm's successor Indulf affording, perhaps, a reason for that king's invasion of the Lothians and capture of Edinburgh. It is scarcely necessary to point out the usual confusion between Scots and Danes in the account of Malmesbury that the former "chose Eric for their king," and suffered accordingly with tire Danes.-f* Edgar's reign has been already noticed, and the Scots are not again mentioned, even by the Anglo-Norman chroniclers, before the reign of Canute, who is said by three MSS. of the Saxon Chronicle to have marched to the north on his return from Rome in 103 i, when Mal- colm II. " became his man, but only held that allegiance a little while." Lothian had by this time been annexed to the Scottish dominions, either by actual conquest or by the cession of Eadulf Cudel — a cession which stands out in strong contrast to the idea of the Anglo-Saxon monarchy which the later chroniclers and their followers * Doc. Illust. Hist. Scot, xxxiii. t C/nvii. Sax. 945-6. Malm. Gesta Compare vol. i, c. 3, p. 63, and note. Regmn, 1. 2, sec. 146. 400 APPENDIX L. would wish to convey. Who ever heard of two feudatories anncxinc^, or resigning, territories without the permission of their overlord ? Canute's expedition may have had some reference to this curtailment of the northern frontier, and though it seems to have been misdated four years, there is no reason to question the reality of its occurrence; but the characteristic omission in the two later MSS. of the passage, " he held that allegiance only a little while," and their insertion of the names of two other kings, Mrelbeth and Jehmarc, render their authority somewhat suspicious. Macbeth at this time was not ev-en Mormaor of Moray.* Under the year 1054 the chronicle contains two separate accounts of the expedition of Earl Siward, in which he defeated Macbeth and returned with enormous booty. Such were the only results, according to the contemporary chronicler, of an expedition which appears to have been directed against Macbeth on account of the protection he had afforded to the Norman favourites of the Confessor. Tighernach, the contemporary Irish annalist, alludes to this defeat of Macbeth under the same year ; and four years later, in 1058, he notices an abortive attempt of the Norwegians, which is also entered in the Saxon Chronicle under the same date, placing the defeat and death of Macbeth, which raised Malcolm Ceanmore to the throne, in the same }'ear. In later chroniclers the events of both these years have been purposely confounded, and Siward has been, for obvious reasons, represented as defeating and killing Macbeth, and restoring Malcolm to his father's throne at the command of the English king — all which, as he died in 1055, he must have risen from his grave (like Reginald Hy I\'ar) to effect. That the defeat of Macbeth in 1054 contributed eventually to the success of Malcolm in 1058 is highly probable; but the misrepresentations of the Anglo-Norman writers cannot stand for a moment against the account of the contem- porary and more impartial authorities."!' * Ch-on. Sax. 103 1. According to Brit. ad. loc. the contemporary Wippo, Canute was + Chroit. Sax. 1054, 1058. Tit^ii. at Rome in 1027. Vide Mot. Hist. 1054, 1058. THE ENGLISH CLAIMS. 401 THE ENGLISH CLAIMS.— Part II. The earliest connection between a king of Scotland and one of the Norman line of English kings, was brought about through the reception and encouragement afforded to Edgar Atheling and his supporters by his sister's hus- band, Malcolm Ceanmore. Uneasy at the favour shown to the Saxon exiles William marched to the north, and at a meeting at Abernethy, beyond the Forth, Malcolm " became his man," giving up his son Duncan as a hostage for the fulfilment of the engagements then contracted. Some light is thrown upon the nature of these engage- ments by the subsequent transactions between Malcolm and Rufus, for nineteen years after the treaty of Aber- nethy, when Robert and Edgar arranged a peace between the hostile kings, it was agreed, " ut Willielmo, sicut patri suo obedivit, Malcolmus obediret, et Malcolmo xii. villas, quas in Anglia sub patre illius habuerat, Willielmus red- deret, et xii. marcas auri singulis annis daret."* Nearly two years, however, were suffered to elapse without any steps being taken by William to carry out this arrange- ment, until a severe illness induced him to yield to the suggestions of his nobles, who were anxious to re-establish a firm peace between the two countries ; and accordingly, on the arrival of an embassy from Malcolm, a meeting was proposed at Gloucester. On the arrival of Malcolm, however, who had been conducted to the place of meet- ing with all due honour by Edgar Atheling, Rufus, now recovered from his illness, refused to hold any communi- cation with him, referring him to the judgment of the English barons alone — " insuper etiam ilium, ut secundum judicium tanttini baronum suorum in curia sua recti- tudinem ei faceret, constringere voluit" — a course to which Malcolm refused to submit, objecting "to do right" to the English king except by the judgment of the Peers of botJi * Sim. Dun. Flor. Wig. Chron. Sax., ad an. 109 1. VOL. II. 2 D 402 APPENDIX L. realms, and upon the frontiers of the two kingdoms.* Hence it may be gathered that Malcohii had recciv^ed a grant of manors, and a yearly subsidy, in return for his homage at Abernethy ; and as he was wilHng to renew his homage on the same conditions — to obey WilHam as he had obeyed his father — Avhilst he resented the demand of Rufus by a declaration of war, it is evident that this demand must have been an innovation upon the original agree- ment. Had Malcolm become the liegeman of the Con- queror at Abernethy for the kingdom of Scotland, he would have held it from that time forward as a fief of the English crown, and there could have been no reasonable objection against his "doing right" in the court of his overlord, and according to the judgment of " his Peers," the English barons, as his tenure would have been exactly similar to * ^. Dun. F. Wig. Chr. Sax. , ad an. 1093. Compare vol. i, c. 6, p. 145, note. Certain inferences are sometimes drawn from the expression rcctitiidinem facere, " to do right," — though it is al- ways dangerous to lay too much stress upon the strict and exact legal meaning of every word employed by a chronicler — and it is implied that "right" could only be "done" by "a vassal to his supe- rior," and that therefore Malcolm was William's vassal— ^r the kingdom of Scotland. The simple answer to this is, that not an acre of land could be held under the feudal system by "noble tenure," except by homage, or vassal- age, the extent of the vassalage being identical with the extent of the fief, and not necessarily implying the entire dependance of the holder upon the overlord of the fief He might hold other fiefs of innumerable other over- lords. Thus in a treaty of peace be- tween Phillip Augustus and Richard, the latter agrees " ut ipse faciei Regi Franciae servitia et justicias in curia Regis FraticicB de singulis feodis quos ab eo tenet" (Feed., vol. i, pt. i, p. 61) ; so that the English king was ready "to do sei-vice and 'right' in the French king's court" for ever)' fief he held of him, without m the least im- plying the subjection of the English crown to the French. Rectitude simply means " a right," and when Prince Alexander performed homage to John "pro omnibus rectitudinibus, etc.," and when Richard, by his Charter of Privileges, confirmed to William ' ' om- nes libertates et rectitudines, etc.," the " rights" were claimed of the English crown, and in the latter case settled, ' ' secundum quod recognoscetur a qua- tuor proceribus nostris et a quatuor proceribus illius," exactly as Malcolm claimed on this occasion. He was ready to "do his right," to fulfil his obligations, to "obey William as he had obeyed his father "probably — for how else could he have hoped to obtain the manors and the subsidy? — but if a question was to be raised about the right, it was to be decided, not " secundum judicium tantnm baronum . ... in curia (Willielmi)," but "se- cundum judicium primatum utrijtsque regni," and on the frontiers — not in Wilham's court. {Doc. Illust. Hist, Scot., xl., sec. 19. Feed., vol. i, pt. I, pp. 50, 62.) THE ENGLISH CLAIMS. 403 theirs. Nor must it be forgotten that it was Malcolm, and not William, who sought for the re-establishment of the Conqueror's arrangement, a most inexplicable line of conduct if it is to be assumed that the Scottish king was eager to lay the independence of his kingdom at the feet of the English m.onarch, but perfectly intelligible on the supposition that Malcolm was anxious for a renewal of his " subsidy," which Rufus was unwilling to grant without a further acknowledgment of dependance. No mention is to be found in the chronicles of the specific terms imposed upon Duncan and Edgar in return for the assistance which replaced them upon their father's throne, though to judge from the character of Rufus, and his conduct towards Malcolm at Gloucester, he would have scarcely afforded such support without a corresponding equivalent, and both these kings probably acknowledged some sort of dependance upon their patron. Alexander was differently situated, for Henry never appears to have pressed any claims upon the kingdom of his wife's brothers, one of whom was also his son-in-law. The struggle of Alexander was against the encroachments of the English Church, and the tenacity with which he opposed everything that could " in any way derogate from the liberty or dignity of the Scottish kingdom"* marks the manner in which he would have met any encroachments upon the independence of his crown. His successor David was an English baron, and, as such, was the first to swear allegiance to his niece Matilda in the great council held at London in 1126; and had Alexander been the liegeman of Henry for his kingdom, most assuredly would he have been present at Salisbury ten years earlier, when, " Conventio optimatum et baronum totius Angliae apud Saresberiam facta est. Qui in praisentia regis Henrici homagium filio suo Wil- lielmo fecerunt, et fidelitatem juraverunt."i* The absence of the elder brother, who held no lands in England, from the earlier council, and the presence of the younger, who held the Honor of Huntingdon, at the later, dis- tinctly mark that the homage must have been performed * Ead. Hist. Nai:, 1. 6. t Sim. Dun. 1116. 404 APPENDIX L. for fiefs in England. When there were no fiefs held, no homage was required. By the Convention of Falaise, " William, king of Scots, became the liegeman of his lord the king of England, against all men, for Scotland, and for all his other lands, and performed fealty to him as to his liege lord, as all the other lieges of the king were accustomed to do ; and also to king Henry the son, saving his fealty to king Henry the father."* All the king of Scotland's lieges, whether clergy or laity, became in consequence the liegemen of the English king ; English garrisons, paid out of the Scottish revenue, were to be introduced into five of the principal Scottish castles ; and all English fugitives for felony were to be captured by the king of Scots, and given over to English justice (unless they were ready of their own will " to stand to right" in the English court) ; whilst Scottish fugitives might, if they chose, " stand to right" in the English court. In consequence of this arrangement, William, his earls, and his barons, were frequent attendants as vassals " in the court of their lord the king of England," to whose decision the Scottish king was obliged to submit in his contest about the see of St. Andrews, and whose license he was obliged to obtain before repressing the disturbances in Galloway. Such were some of the immediate consequences of " homage for the kingdom of Scotland." By the charter given by Richard to William at Canterbury, Roxburgh, and Berwick, the remaining castles occupied by English garrisons, were restored to William as his absolute and inalienable property, all the stipula- tions which Henry " per novas chartas et per captionem suam extorsit" vv^ere declared null and void, and the rela- tions between the two kingdoms were to be re-established on the same footing as in the reign of Malcolm IV., all claims being settled according to the decision of four English nobles to be named by William, and four Scottish nobles to be chosen by Richard. All the lands held by Malcolm in the county of Huntingdon, and elsewhere, * Fa-d., vol. I, pt. I, p. 30. THE ENGLISH CLAIMS. 405 were to be held on the same tenure by William ; the allegiance sworn to Henry by William's vassals was resigned and given back ; and William then became the liegeman of Richard " for all the lands for which his pre- decessors had been liegemen of the English kings."* As by the restoration of the allegiance of the vassals of the Scottish crown to their native sovereign the relations between the two kingdoms were restored to " their original footing," and as it is clearly shown by this charter that liege homage for Scotland, and its consequences — the rights and prerogatives of an overlord which were exercised by Henry — had been extorted from William " per novas chartas et captionem suam," such "original footing" must have been that of independence. As in the reign of Malcolm the allegiance of the Scots was due to their native sovereign alone, that sovereign could have acknow- ledged no overlord of the lands for which they rendered it ; and as Malcolm was " homo regis Anglise eo modo quo avus suus fuerat homo veteris Henrici," it follows necessarily that the homage rendered by Malcolm and David to the kings of England could not have been homage for their native kingdom. Nor was such homage ever again performed by William, his son, or his grandson ; or it would have inevitably been followed by the English king repeating the conduct of Henry II., and exercising the prerogatives of an overlord over Scotland proper, and all the vassals of the Scottish crown. In the feudal era, when any one became the vassal of another, he first performed the homage, and then received * Feed., vol. I, pt. I, p. 50. Richard's prffidecessorum Anglic. Ricardus vero charter is passed over unnoticed by Rex Angli^e eum et omnes Edward I. {Do., pt. 2, p. 769). Sir hasredes suos quietos clamavenint in Francis Palgrave has also forgotten it perpetuum ab ipsis et regibus Anghae, in his "Proofs and Illustrations;" as de omni ligantia et subjectione de well as the following passage from Regno Scotiae, etc." Such was the Ben. Ab., ad an. 1189, relating to the construction put upon Richard's charter homage performed at Canterbury, by a contemporary English chronicler, " Rex Scotomm fecit ei homagium though it has been contended in the prodignitatibussuishabendis in Anglia, nineteenth century that the independ- sicut Reges Scotorum pr?edecessores enceof Scotland was not acknowledged sui habere solebant temporibus Regum by it. 4o6 APPENDIX L. the fiefs for which the homage was rendered. The homage might be either general or specified, vague or for fiefs particularized, liege or simple. Thus, after some dispute, Edward III. acknowledged himself " the liegeman of king Philip of France against all men," for the duchy of Guyenne and the county of Ponthieu : his homage was liege, and the fiefs for which it was rendered were specified.* The homage extorted from William by Henry " per novas chartas ct per captionem suam," was distinctly specified as " liege homage for the kingdom of Scotland and all his other lands." That rendered at York by Alexander II., in 1287, was for the lands he received in England in compensation for his claims — dc prcedictis /c-rris.f In other cases, and often where the nature or extent of the homage was a matter of dispute, it was tendered in general terms, and a reservation was often made by the tenderer, or the acceptor, or by both. Thus, in the case of Philip and Edward, alluded to above, the former accepted the liege homage of Edward sai/f son droit — the very words so often occurring in the transactions relating to homage between the P2nglish and Scottish kings — with a reserva- tion of his claims as actual proprietor of certain lands in Gascony. So also, in the English version of the homage rendered by Alexander III. to Edward I., after he had become " the liegeman of the king of England against all men," Edward is represented as accepting his homage "salvo jure et clamio .... pro homagio pro regno Scotiee."! Evidently according to the feudal interpreta- ■* Fa'd., vol. 2, pt. 2, pp. 765, 797, land, he would have scarcely tliought 813. it necessary to represent Edward as t Do., vol. I, pt. I, pp. 233-34. reserving his claim to homage for that Z Do., vol. I, pt. 2, p. 563. I have kingdom for future discussion. The given my reasons further on for not words, it will be observed, which he regarding this Memorandum as a con- places in the mouth of Alexander are temporary or authentic document. It identical with those used by Edward may be assumed, however, as a cer- III, to Philip of France. Edward III. tainty, that whoever framed it, did so specified the duchy and county for according to the strictest ideas of the which he became "liegeman against feudal period. Had such a vague and all men" of the French king (as in the general homage carried with it the true version of the ceremony Alexander dependance of the kingdom of Scot- III. did to Edward I.); but it m'Es evi- THE ENGLISH CLAIMS. 407 tion, and as the writer of the Memorandum understood it, a tender of homage in general terms did not necessarily carry with it anything more than the vague and general allegiance of the homager ; and Edward is accordingly represented as accepting such general homage with a reservation of his further claims. In all cases of vague and general homage it is important to bear this in mind. The homage performed by the kings of Scotland appears to have been usually of this vague description, and tendered in general terms — not unlike the first homage of Edward III. to Philip "par paroles generales, en disant que nous entrioms en son homage par ainsi come nous et noz predecessours, dues de Gyenne, estoient jadis entrez en I'omage des Rois de France" — and often, in the first instance, with a reservation. Thus Malcolm IV. became "homo regis Anglise eo modo quo avus suus fuerat homo veteris Henrici" — "par paroles generales . . . . . ainsi come noz predecessours'' — evidently in general terms, and with a reservation "salvis omnibus dignitatibus suis."* There is no account of William's original homage to Henry II., but as "liege homage for Scotland" was extorted from him after his capture, and as at Canterbury, when replaced upon the footing of his predecessor, he became the liegeman of Richard vaguely " for all the dently the object of the framer of the Angha, sicut reges Scotorum praede- Memorandiim to represent the claim to cessores ; " or according to Hrvcden, homage for Scotland as evaded, not "sicnt Malcolmus frater suus habuit ;" denied, by the Scottish king, and finally and amongst the subjects left for dis- left an open question. cussion by four Peers of each realm * Hoz'eden 1157. The meaning of were "escorts, expenses, liberties, dig- this reservation has been a frequent nitics, and honours;" the Charter of subject of discussion, some supposing Privileges being probably the result of it to refer to the independence of the their united judgment, confirming Wil- Scottish kingdom, others to a claim liam in all that Malcolm was shown to upon the English crown. Such claims, have enjoyed. At the time of Mal- however, would surely have appeared colm's homage there was probably under a title expressing something more some point of a similar description substantial than "a dignity." When which had not been thoroughly settled, William was replaced by Richard on and which accordingly was thus re- the footing of his predecessors, the served for future discussion ; but a dig- homage he performed at Canterbury nity could scarcely have referred to any was rendered, according to Ben. Al>., question of important international inte- " pro dignitatibus suis habendis in rest. 408 APPENDIX L. lands for which his ancestors were the hegemen of the Enghsh kings," there seems no reason to doubt that it was identical with the homage of Malcolm and David, and rendered in general terms. In his homage to John at Lincoln, William, " devenit homo regis Anglian dc jure stw, et juravit ei fidelitatem de vita et membris et terreno honore suo contra omnes homines, et de pace servanda sibi et regno suo, salvo jure suo^'* a form of vague and general homage which allowed much latitude to both parties in interpreting jus suiim. There is no account of the original homage rendered by Alexander II. to Henry III., though as the Close Rolls mention that he was "enfeoffed" in all the lands which Earl David held under him in nine English counties after " venit ad fidem et servitium nostrum, et nobis fecit quod facere debuit,"*f" from the vagueness of these expressions it was also pro- bably couched in the usual general terms. His subse- quent homage at York was for a further grant of lands in compensation for all claims ; and when his son Alex- ander III. first performed homage at the same northern capital, it was " ratione tenementi quod tenet de domino Rege Anglorum, de Regno Anglian scilicet," according to the English chronicler, who adds a novel claim by ex- plaining it by the words " Laudiano videlicet et reliquis terris."+ The very raising such a novel claim (in the chronicle) and the demand for homage for Scotland, raised and waived by the English king, implies that the fiefs for which such homage was performed did not include the native kingdom of the homager. Much of the vagueness which is observable in the Scottish homages is to be attributed, not to a desire on the part of the Scottish sovereigns to elude acknowledging a dcpendance which they had not the courage to deny, but rather to a wish to leave open the question about the extent of their claims upon the English crown. Had they specified their homage distinctly — tendered it, for example, for Hunting- * Hozieden 1200. Compare vol. i, t Rot. Clans., p. 348. c. 13, p. 417-18, Endnotes. % Mat. Par., p. 555. THE ENGLISH CLAIMS. 409 don — they would by so doing have resigned all claims upon the coveted earldom of Northumberland. Such were the principal occasions on which homage was rendered by the Scottish to the English kings ; for it was only at the commencement of a new reign, or upon the acceptance of a new fief, that the question of homage was of any real importance. Once tendered and accepted in the terms mutually agreed upon, its repetition on the coronation of an heir, or on any other similar occasion, added no real strength to the original tie, and was simply the reiteration of a form already settled. It was of no more intrinsic importance than the repetition of the cere- mony of " kissing hands" on each successive appointment, a ceremony indeed which represents in the present day the old feudal tender of homage in acknowledgment of a royal grant. In short, the real question of the feudal superiority of the one country over the other resolves itself into the inquiry. What did Henry gain by the Con- vention of Falaise? According to the wording of the treaty he gained a distinct acknowledgment of the feudal dependance of Scotland upon his crown ; and if the history of the period is to be believed, he unsparingly exercised, during the remainder of his reign, the prerogatives of an overlord which he had thus acquired. Such, however, would have been the normal condition of Scotland had her kings always performed homage for their native king- dom ; the Convention of Falaise w^ould have been a mockery, and Henry would have reaped no advantage from the fortunate accident which placed William at his mercy. Everything connected with this question has so long been the subject of bitter contention, and has been so fre- quently argued with all the bias of strong partizanship, that it is not a little difficult to avoid occasionally following in the usual beaten track. But on viewing the relations between the two countries after the Norman Conquest as much as possible in the spirit of a judge rather than in that of an advocate of either party, it will be found that the claims of the more powerful kingdom on the feudal dependance 4IO APPENDIX L. of the weaker were scarcely, in the first instance, the result of any settled plan, or deep laid scheme of policy — much less of a traditional dependance of centuries upon a mythi- cal Saxon empire — but grew up by degrees out of the events of a later period. When William the Norman marched northwards, six years after his victory at Hastings had placed him upon the throne of England, his hold upon his new kingdom was scarcely yet firmly established. Northumbria was still in that disturbed and lawless condi- tion which, ten years later, prevented its northern portion from being included in the general survey of the kingdom, and it was his object, not to add another to the many elements of discord in the north by asserting an empty claim to the dependance of Scotland, but to secure the peace of his northern frontiers. When the Norman army, in overwhelming force, v/as once transported beyond the " Scotswater," Malcolm, who had no power of retiring upon the northern districts, where the population was either lukewarm in his cause or openly hostile to it, at once came to terms ; and the treaty of Abernethy secured peace in this quarter, with one trifling exception, during the remainder of William's reign. The Atheling was now encouraged to come to terms with his kinsnian's new ally; his supporters no longer received the assistance which had hitherto been openly accorded them ; and William hence- forth was at leisure to turn his whole attention fearlessly elsewhere. All this was brought about by the same means through which the English ministry were accus- tomed, about a century and a half ago, to pacify the Highlands — \\q pensioned Malcolm. The grant of manors, and the annual subsidy of twelve marks of gold, were nothing else than a pension, necessarily acknowledged in the feudal era by homage — for all " gentle tenure " was at this period held by free or gentle service, necessitating homage — or else the pension would have been a tribute. The subsequent conduct of Rufus seems to have been dictated by overweening arrogance rather than policy — niviia sitperbia — for he appears to have cared little about deriving any fixed and permanent advantage from circum- THE ENGLISH CLAIMS. 411 stances which must have unquestionably enabled him to attach any terms he chose to the assistance he rendered to the two elder sons of Malcolm Ceanmore. He was satisfied, apparently, with a vague admission of his general superiority — and amidst all his faults there were gleams, occasionally, of a careless generosity in the character of the Red King — but it must not be forgotten that peace, rather than conquest, was the policy of the Norman kings upon their northern frontier, and as the laws which Earl Henry swore to observe, when he received the earldom of Northumberland from Stephen, were " the Laws of King Henry," it may be gathered that the Anglo-Saxons beyond the Tyne were scarcely brought into a state of settled obedience to the Anglo-Norman dynasty before the reign of the Conqueror's youngest son. Henry raised no claims upon the kingdom of his queen's brothers, and he appears to have discouraged rather than promoted the pretensions of the See of York. Alexander, accordingly, was not amongst the great liegemen of the English crown who tendered their allegiance to the ill-fated heir of Henry and "good Queen Maud;" but David was situated differently, being an English baron in right of the Honor of Huntingdon, and a connection of a more intimate description was thus established between the two crowns.* From this period it became the settled * In the language of imperial feudal- to a certain number of knights — much ism, the Honor was often used for as in earlier times the neighbouring the Benefice, but it would seem to have landholders were bound to supply and been only applied strictly to those held support a man, one out of eveiy nine, by "noble service," and in an ecclesi- for the imperial j9w// — who held these astical sense was equivalent to a Bishop- lands by the tenure of " castle- ward," ric, an Abbacy, or any other greater or providing the garrison of the castle. Benefice. In Spain the Honor was a and were known as "the men of the fief held unconditionally, the Feiidum Honor," their lands, which were all being held by stated service, and the held with sac, and soc, and other terra by rent from year to year — much baronial privileges constituting the as the Gavel often was in Scotland. Honor, and generally in early times In France, where it occasionally meant (though not latterly) answering to the the Banlieii, and in England, it gene- surrounding district, or Banlieu. In rally appears in connection with a royal the grant of Richard to Earl David castle, the defence of which was pro- it is said that " David, his heirs, and vided for originally by granting lands his men of the Honor of Htntingdon 412 APPENDIX L. object of the Scottish kings to assert their ancestral claim upon the northern counties, which, if admitted, would have undoubtedly gone far towards reuniting the greater portion of the old Bernician kingdom under the male representative of the Saxon line ; whilst the English kings were always naturally averse to add the important earldom of Northumberland to the other fiefs, conferred upon the royal family of Scotland in virtue of their descent from Earl Waltheof. The results of Stephen's troubled reign, who hold or shall hold lands in any county or bailiwick of the Honor, shall hold them free and privileged, with sac and soc without aid to sheriffs .... without opus soi'i/e .... and with free right of forest and warren." An Honor, however, did not necessarily carry with it an earldom. It may be gathered from the following grants of Henry H. that a grant of the tertius dcttariiis carried with it the comitatus, a grant of the Hotior et cas- tellaria conveying a castellanship, or constableship, the strictly military office of Staller rather than the judicial office ol Judex Fiscalis. " Sciatis me dedisse comiti Alberico, in feudo et haereditate tertium denarium de placitis Oxenford- scyre, ut hide sit comes." " .Sciatis me fecisse Hugonem Bigot comitem de Norfolc, scilicet de tercio denario de Nordiuic et de Norfolc.'''' " Sciatis me dedisse Willielmo comiti Arundel cas- tellum de Arundel cum toto honore de Arundel .... tenendum in feodo et hereditate, et tertium denarium de placitis de Suthsex itnde comes est . . . cum omnibus . . . predicte hoiiori et castellarie pertinentibus." As all titles, however, were gradually disconnected from the offices out of which they first arose, the king might confer the dig- nity of an earl, or attach the dignity to a fief, without any reference to the duties or prerogatives of the earlier Comes. It may be doubted, however, whether any English earldom was ever granted to the Scottish princes, who. when not sovereigns, were earls in their own right, holding the Honor of Huntingdon, and hence deriving their title. After the destruction of Huntingdon castle Fotheringay sup- plied its place, and it was that castle which was made over to Alexander II. by Hubert de Burgh, when he obtained the wardship of the Honor during the minority of his cousin Earl John. On the death of the latter, Alexander sent to claim the ^^ comitatus cum perti- nenciis," and the wardship ; with very faint hopes of the latter, however, for his envoys add "licet ad hoc special- menter non mittantur." All claims in that era were regulated upon the same principle by which a modern plaintiff estimates his " damages" in a court of law, and in testing the historical accu- racy of such claims, from whatever quarter they are raised, this feature should always be borne in mind. Hemy replied that, by the law of England, the king had the wardship of all fiefs, whether held in capite or sub- infeoffed, if held by military service ; and that no act of Hubert de Burgh, during his own minority could militate against the prerogatives of his crown. As all the heirs of Earl John, how- ever, were of full age, the king of Scotland should receive seizin of his fief, '"'' the Honor of Huntingdon," for this special reason (/. e. , because they were of age), and not " ratione predicte seisine" — through Hubert's grant of the wardship. By this time the feudal THE ENGLISH CLAIMS. 413 however, and the poHtical necessities of Henry Fitz- Empress in his early years, all but annexed that earldom to the Scottish crown, and the demands of Henry with which Malcolm complied at Chester — demands which will be best justified on the plea of expediency — simply replaced the kingdoms on their earlier footing ; the footing on which William was again reinstated when Richard's charter at Canterbury released him from the allegiance rendered at York for his whole kingdom. A question then appears to have arisen about the nature of Malcolm's homage, whether liege or simple, Henry refusing knight- hood to his youthful kinsman until he had duly won his spurs in "liege service." The question thus settled in favour of "liege service," William rendered it without any hesitation ; though it was subsequently evaded by the " subinfeofment" of the Honor to Earl David and his heirs, who thus became liable for the due performance of the service by which the fief was held, gradually acquiring a hereditary right to the fief itself Once replaced upon the footing of his brother and his grandfather, William zealously endeavoured to carry out the favourite object of the now hereditary policy of his family, and his offer of 15,000 marks tempted Richard to listen to his claims upon the earldom of Northumberland. But the earldom without the castles — the terthis denarius without the Honores — would have scarcely promoted the end at which he aimed, though had the marriage between his daughter Margaret and Otho of Saxony taken place, and had the earldoms of Northumberland and Carlisle, the great inducement probably of the negotiation, been placed with their castles in William's hands, he might principle of Emphyteusis had entailed of the Honor of Huntingdon, which the Honor upon the heirs of Earl did not finally lapse to the English David, now represented by his daugh- crown until the extinction of the lines ters; and accordingly, when John of Balliol and Hastings and the for- Balliol performed homage to Edward feiture of that of Bruce. Feed., vol. i, L, in 1291, for all the lands which his pt. I, pp. 41, 42, 48, 165. Doc, predecessor had held in TvTiedale, and Illusi. Hist. Scot. Ilhist. i., ii., iii. elsewhere, of the English crown, he Introd., p. vii. \nii. Ducange {Hein- also added homage "de proparte sua schel) in voc. Honor. honoris de Huntingdon" — iox\{\i share 414 APPENDIX L. have hoped to consummate the policy of his grandfather, and lay the foundation of the further extension of his kingdom to the Tyne. The prosecution of his claims upon the northern counties, and a backwardness appa- rently on the part of John in fulfilling the stipulations of Richard's Charter of Privileges, all but kindled a war between the two kingdoms, deepening the devotion of William to the Papal See when Innocent III. laid the Interdict upon England, and rendering him a willing listener to the overtures of Philip Augustus, who seems to have been anxious to bind William to his cause by an alliance with some member of his family.'"" Though the * Vid£\Q[. I, c. 13, pp. 417-18, and notes. In the Close Rolls, vol. i, p. 43 B, is a letter from John, dated 24th July 1205, which concludes thus, "et sciatis quod bene placet nobis excep- tio qure fecistis in litteris vestris dc term de Tiiudel vobis retinenda, unde mentio facta non fuit in conventione inter nos jirolocuta, et unde prius saisistis fuistis." The lands of Tyndale, then, which were held by "simple homage," and passed with the other lands of the Scottish kings to John Balliol, were not included amongst the lands which Alexander II. received in com])ensation for his claims. It would be difficult to say how and when they came into the possession of the Scottish princes. In his account of the transactions at Lincoln between John and William, Dr. Lingard has been singidarly inaccurate. He writes thus, "John eluded the demand (for the northern counties) by promising to return an answer at his leisure ; and received from William a charter, in which that prince is said by a contem- porary writer to have acknowledged the feudal supremacy of the English cro\vn, to have engaged to keep the peace of the king and kingdom, and to have bound himself not to marry his son without the permission of his liege lord." In a note to this passage he charges Hoveden with addins; a clause to a passage written about two cen- turies after his death, and goes on to say, " Heniy III., John's son, in a letter to the Pope, asserted that this was liege homage for the crown of Scotland." The " contemporary writer" of Dr. Lingard is — Brotnplon ; a chro- nicler who quotes the " Flores His- toriarum" of Wendover, and alludes to the reign of Edward III. ! ( Tiuysden, p. 804, 967.) It is to his account that Hoveden is accused of adding the in- convenient clause "salvo jure suo!" The historian's "charter" binds Wil- liam and his son to be liege subjects to the soil and heir of John, a singular stipulation to have been made in 1200, as the son and heir was not born until October 1207 ! The very last sentence of Bronipton, in which he asserts that William was suhseqite/itly punished by John for betrothing his son without the consent of the English king, is as palpable a blunder as the rest of his narrative; for the negotiations with Philip Augustus were set on foot before the meeting at Lincoln, which probably arose out of these very negotiations. For Henry's letter to the Pope "asserting that the homage at Lincoln was liege homage for the kingdom of .Scotland," I have searched in vain. The only letter at all answering to this descrip- tion will be found in the Fader a (vol. i. THE ENGLISH CLAIMS. 415 devotion of William towards the Pope was passed over in silence, the fear and the wrath of John were both excited at the slightest prospect of an alliance with his enemy of France ; and to put a final stop to any such contingency he insisted upon his right to exercise the full prerogatives of his suzerainty, and to call William to account for aiming at an alliance with the open enemies of " his lord/' and for negotiating a marriage-contract with these enemies without the permission of the suzerain of whom he held his English fiefs. William long demurred to an alterna- tive which was most distasteful to the majority of his subjects, but his fiefs, his privileges, and his favourite claim upon Northumberland were all in danger — for John was in earnest — and he at length agreed to pay 15,000 marks " for his lord's good will," and for the execution of certain stipulations arranged in their mutual charters, placing his two eldest daughters in the hands of John, to be married according to the tenure of this arrangement* p. I, p. 214), and shows that, at the time it was written, Henry was endeavour- ing to confound the homage rendered by Wilham and Alexander to John and himself in 1212, with the homage for Scotland rendered by Wilham alone at York to Henry H. ; but it makes not the slightest allusion to the meeting at Lincoln, which took place seven years before Henry IH. was born. * F(xd., vol. I, pt. I, p. 103; vide alsovoL I, c. 13, pp. 422-24, and notes. The money was paid "pro habenda benevolentia domini nostri, et pro con- ventionibus tenendis quse inter ipsum et nos factce, et per cartas nostras hinc et inde confinnatce sunt." The hos- tages on the same occasion were given as security for the payment of the money; "et pro hac pecunia et ad prxdictos terminos reddenda, et pro eisdem terminis fideliter tenendis." From a passage in C/iroJi. Mel., ad an. 1209, it may be gathered that William " paid his own expenses" on this occa- sion ; and as the expenses of the kings of Scotland on their visits to England were guaranteed by the Charter of Privileges, and frequently alluded to in the Close Rolls, it may be inferred that John, regarding William's conduct as a breach of fealty, refused to fulfil his obligations as a "lord" until Wil- liam agreed to carry out strictly all the duties of "a liegeman." Had the latter declined he would have been fo felled; and it was partly "pro ha- benda benevolentia domini nostri" — to reinstate himself on his fonner footing — that the money in question was paid. John appears to have been justified in his conduct on this occasion. The alternative offered to William seems to have been, ' ' either resign your English fiefs and privileges, or resign the alli- ance of the enemy of England, and give security for your future fidelity;" and if William reaped the advantages, it was only fair that he should fulfil the obligations of his English fiefs and dignities. It was for him to decide whether the obligations thus entailed 4i6 APPENDIX L. The bonds of union between the two kings, who after the settlement of their dispute appear to have been on compara- tively friendly terms, were drawn still closer a few years later; and when both were threatened by their unruly subjects they are said to have entered into a defensive and offensive alliance, William conceding to John the right of marrying his son and heir, within six years, to whom he chose, "saving the dignity of the Scottish crown."* Such was the state of Scotland during the last five years of William's were sufficiently repaid by the advan- tages of the English connection; and his people seem to have decided in the negative. But to describe the Scottish king as "demurring," and reluctant to perform the homage to which he was "summoned," betrays an ignorance of the nature of the feudal tie, as well as of the relationship between the two parties. The Scottish princes held certain lands, and enjoyed certain privi- leges, in England by liege homage, which was necessarily rendered before they could either enter upon their lands or enjoy their privileges. Beyond pro- moting the security of their northern frontier, by thus retaining a certain hold over princes otherwise independ- ent, it was of no material importance to the English sovereigns that these fiefs and privileges should be held by members of the neighbouring royal family. The advantage was entirely on the side of the latter, with whom, consequently, it was a material object that their homage should be tendered, and accepted, as soon as possible. The tender of homage necessarily came first from the receiver of the " benefac- tion," the liegeman, and was accepted or refused by the donor, the liege-lord. The benefit, or loss, was almost entirely on one side; and accordingly, when Alexander III. tendered his homage at Tewkesbury, and Edward postponed receiving it, the Scottish king received a letter assuring him that he should sniffer no prejudice from such postpone- ment — that it should not be regarded as a refusal of the homage, which, amongst other disadvantages, might have justified his English tenants in declining to pay any rent (Z>or. Ilhist. etc. ii.) Where there were disputed points, they were arranged before the homage was rendered, or reserved at the time it was performed ; the terms, not the actual homage, being all along the real point of importance, one party claiming as much, and the other grant- ing as little as possible. To represent one king as "demurring," and reluc- tant to obey the "summons" of the other, is to suppose either that the king of Scotland entertained the hope of holding his English fiefs without performing homage — in other words, as absolute property, and integral parts of Scotland ; or that the king of Eng- land was most strangely bent on forcing on the acceptance of the reluctant king of Scotland a grant, which may be described as the equivalent of an office of great dignity and a lucrative pension at the present day, whilst the king of Scotland as strangely objects, not to the terms, but to the actual office and pension ! * Fail,\o\. r,pt. I, p. 104. "Ubi voluerit ad fidem ipsius domini Regis, ita quod non disparagetur" are the words. This is the letter which Bromp- ton has converted into a charter given at the meeting at Lincoln in 1200. Vide also vol. I, c. 13, p. 429 and note. THE ENGLISH CLAIMS. 417 reign ; her king acknowledged his personal obligations, as a vassal of the English crown, to their fullest extent, but simply as personal, and binding on the royal family alone. No instance can be brought forward in which John either claimed, or exercised, the privileges of an Overlord of Scotland in the same manner as his father, or asserted a feudal right to the "wardship" or "maritage" of any " tenant-in-capite" beyond the Tweed. The right which he claimed and exercised over William's family was strictly personal, and, as such, could only have been exercised as Overlord of his English fiefs.'"' The influence of Eustace de Vesci, and a promise of the northern counties, enrolled the youthful Alexander amongst the adversaries of John in support of the French * By the law of England, as laid down in the answer of Henry III. to Alexander II., the sovereign could claim the wardship of all fiefs held by military service, whether belonging to tenants /';/ capite, or siibinfeoffed. {Doc. Ilhist. , etc. I. ) Had the English sovereign been overlord of Scotland, he could of course have claimed the wardship and maritage of every Scot- tish baron holding by military service, in- stead of limiting his demand to the royal family alone. "Assuredly the supe- riority so proudly assumed on all these occasions by the English, and so tamely admitted by the Scottish monarch, must have been founded on a broader basis than that assigned by certain writers, the possession of a few scattered manors in the northern counties." Lin- gard Hist. Efig., vol. 2, c. 5, p. 319. Such is the only notice taken by this historian— whom I quote, here and elsewhere, as the latest assertor of the English claims in their fullest extent who has touched upon this period of history — of the arguments contained in Mr. Allen's able "Vindication of the Independence of Scotland." " A few scattered manors" is scarcely a correct description of the Honojr of Hunting- don, extending into nine counties, of VOL. 11. 2 the lands in Tynedale, and of the privileges and dignities ensured by the Charter of Privileges, including the payment of all their expenses whenever the Scottish kings visited England. When sound argument is answered by vague declamation it is generally a sign of the weakness of the cause thus de- fended; and until the supporters of John's feudal superiority over Scotland can prove that he exercised the prero- gatives of suzerainty in the same manner as his father and his grandson, the existence of any such superiority may be safely questioned. Walter Bisset knew the feudal law better when, in revenge for the punishment of his atrocious crime, he denied the right of Alexander to forfeit him, or to shelter Geoffrey de Marisco, without the con- sent of Henry, whom he artfully styled "his Overlord." (Mat. Paris 1242, P- 397-) Such would have been the result of the superiority of John, had it been founded "on a broader base than a few scattered manors in the northern counties," and Eustace de Vesci, when he fled from John, would have been delivered up by William to "his Overlord," instead of remaining in security at the court of his father- in-law. E 41 8 APPENDIX L. Prince Louis, but the return of peace in the following reign replaced him upon the footing of his predecessor. After the expiration of the six years named in the latest agreement between John and William, Alexander appealed to the Pope, praying that the conventions in " the mutual charters " should be carried out ; the legate Pandulph was appointed arbitrator, and the young king received the hand of the English princess Joanna, whilst it was decided that his sisters were "to be honourably married within the realm of England," the eldest, Margaret, soon afterAvards becoming the wife of Henry's guardian, Hubert de Burgh."'' As long as the most influential personage in England continued to be the heir-presumptive to the Scottish crown, the two countries remained in profound peace, and Alexander, satisfied with the interpretation of the mutual treaties, made no claim for further compensation, whilst Hubert felt little desire to favour any encroachments upon a kingdom which might eventually be his own. The fall of the great Justiciary, however, put an end to this satis- factory state of affairs, and the evil influence of the alien Peter des Roches soon sowed the seeds of discord between the two countries. The Archbishop of York was encou- raged to put forward a claim to officiate at the coronation of the king of Scotland, and in answer to a letter of the English king, in which the treaties of Northampton and Norham, between William and John, appear to have been artfully confounded with an incorrect version of the con- vention of Falaise, the Pope, ever ready apparently to interfere on either side, exhorted Alexander to tender liege service and fealty, with all his earls and barons, to their suzerain Henry of England, authorizing the prelates of York and Durham to add their admonitions to his own."f- * The stipulation, "to be married tion between John and William. It within the realm of England," marks was probably a compromise, with which the jealousy of a foreign alliance, which Alexander seems to have been perfectly lay at the root of all these proceedings, satisfied until Henry began to display This arrangement, which appears to an unfriendly feeling towards him. have been decided on before Pandulf + Fad., vol. i, pt. i, pp. 209, 214- (^Rot. Pat. 4, Hen. III.), must not be 15. In the subsequent arrangement in confounded with the original conven- 1237, when it was decided that all the THE ENGLISH CLAIMS. 419 Hitherto Alexander had loyally refrained from interfering between Henry and his revolted barons, but such encroach- ments upon the liberties of his kingdom could not safely be passed over, and he met them, in the usual spirit of the age, with a counter claim. The papal admonition was dated in January 1235, and after the pacification of Galloway in the course of the same summer, Alexander strengthened his influence amongst the English national party by uniting his youngest sister Marjory with Gilbert the Mareschal, Earl of Pembroke, and in the following spring his envoys presented themselves in the Council of London to demand the "chartered rights of their king." A meeting was arranged at Newcastle, where Alexander protested that it was infamous to annul the plighted word of a king supported by the testimony of his own nobles ; and so strongly were the English barons impressed in his favour, that the matter was eventually compromised, the Scottish king receiving a grant of manors of the yearly value of ;^200 for all his claims, including those upon North- umberland. Thus were at length satisfied the preten- sions of the Scottish princes upon the northern inheritance of their maternal ancestor, and such was the sole result of exchanging the conciliatory policy of Hubert de Burgh "mutual conventions" between John the church patronage in his own hands) and WiUiam were to be restored, a honorem suum et regni sui . . Scotia reservation was made "quod si in ip- denuo subacta, et Anghs in subjec- sis scriptis, vel instrumentis, aUquK tionem data, in senio jam constitutus ca.-pA\x\a. lu'gotmm prccsetis nojitangeniia amisit, etc." {Delnstr.Priucip. Ang. invenientur, quae alterutius regum utiH- Chris. , App. xiii. ) He probably only tatem contineant, debent prtEdicta capi- expressed the general opinion in Eng- tula per iitriusque regain literas inno- land about "the secret treaties" at this vari.^'' {Do., p. 233.) Had such a period. So within a few years of the charter as Henry alludes to really death of Hemy II., the Scots asserted existed, this clause would have caused that the homage extorted by him from it to be renewed and preserved in force. William was only for Lothian, not for So thoroughly, however, was the claim Scotland proper {Do., c. i). In a fabrication of the moment, that it is both cases written documents attest not even alluded to in Edward's letter that English and Scots were alike in to the Pope {Do., pt. 2, p. 932). error; but such assertions show how Giraldus Cambrensis must therefore careful the historian should be in ad- have been mistaken when he wrote of mitting the statements of chroniclers William as follows: — " Proinde divina upon important points when they are ut creditur ultione secuta (for retaining unsupported by written documents. 420 APPENDIX L. for the system of encroachment encouraged by Peter des Roches. The king of Scotland was the sole gainer by the change.* Five years later the peace of Scotland was again threatened through the intrigues of Walter Bisset, Joanna of England died in 1238, and in the following year Alexander sought the hand of Mary de Couci, a French alliance which was regarded with distrust by the English king. Henry accordingly appears to have lent a willing ear to the artful insinuations of Bisset, who, banished for his participation in the murder of the young Earl of Atholl, maintained that Alexander had exceeded his right in for- feiting one of his nobles without the concurrence of his Overlord Henry, and in sheltering Geoffrey de Marisco, a fugitive from the court of his English suzerain. Sum- moning the whole military force of England and Ireland to concentrate upon Newcastle, Henry called Alexander to account " for the construction of two castles in Gal- loway and Lothian by Walter Comyn and others, to the prejudice of the king of England, and contrary to the charters of his predecessors ; for the reception of Geoffrey and other fugitives and exiles ; and for meditating an alliance with France, and the withdrawal of his plighted homage." Alexander, relying upon the support of the * I have grounded my account of compensation made to Alexander in these transactions, not on Scottish, but 1237. How far the remission of half solely on English authorities. The the sum in 1210 (zvat'c. 13, p. 424) may claims of Alexander were, according to have altered the circumstances of the Mat. Paris 1236, p. 296, " causa justa case, it would be difficult to determine, regiis munimentis consignata;" and The claim of the Archbishop of York the passage in the Rot. Pal. 21, Hen. was put forward and supported by ///.," Inter ccetera apparet quod con- Henry in 1233 {Rot. Pat. 17, Hen. cordia fuit quod Rex Anglia; dticeret III.); and he appealed to Rome in Marger sororein dicti Regis Scotia^'' is 1234, the Pope sending back his admo- very strong testimony in favour of the nition to Alexander in 1235. In 1236 English chronicler's remark. That the Scottish king first raised his counter this marriage was one of the arrange- claim ; yet he has been represented, in ments for which the 15,000 marks were defiance of these dates, as the aggres- paid by William, and that the decision sor, and Henry as the aggrieved party, before Pandulf was a compromise, may appealing to Rome in 1 234 against be inferred, both from the passages claims raised in 1236 ! quoted above, and from the further THE ENGLISH CLAIMS. 42 I northern English barons, marched his army into an en- trenched camp at Ponteland, and the situation of the two kings not a Httle resembled that of their fathers five and thirty years before. But it was not with a broken and infirm king that Henry had to deal ; the majority of the English barons, personally attached to Alexander, and averse to the war, regarded his cause as just and rightful ; and an arrangement was concluded, by a mutual inter- change of charters, in which the Scottish king appeased the fears of Henry about the French alliance, by engaging "to enter into no confederacy with the enemies of his liege lord, nor to invade or injure in any way his terri- tories, unless he himself was unjustly dealt with," whilst Henry pledged himself, in a similar manner, never to declare war against Scotland except in self-defence, the bishops and barons of both kingdoms becoming sureties for the due execution of the treaties."" * J/ir/". /(j';7> 1244, p. 436-37. Feed., vol. I, pt. I, p. 257; pt. 2, p. 616. Dr. Lingard has compressed all these occurrences into_ three or four lines, omitting all notice of Walter Bisset, and of the mutual treaties, that "neither king shall make war against the other except in self-defence," and, as usual, representing the Scottish king as the aggressor, and smarting under the rightful dependance of his kingdom. He thus concludes — -"The Scottish king thought it prudent to negotiate, and consented to an arrangement, by which, though he eluded the express recognition of feudal dependance, he seems to have conceded to Henry the whole substance of his demand." He quotes Paris as his authority, whose words are as follows: — " Compositum est inter ipsos Reges, procurente comite Ricardo, et aliis raagnatibus salubriter et prudenter utrobique intermeantibus. Rex enim Scotiae, vir bonus, Justus, pius et dapsilis, ab omnibus tarn Anglis quam suis diligebatur et merito. Habe- bat itaque exercitum numerosum valde et fortem .... qui omnes unanimes, confessi et predicantium consolatione, quia pro patria sua jitstc dimicaturi forent, animati, mori minime formida- bant. Ne autem tot Christianorum sanguis effusus ad Dominum clamaret . . . pax feliciter ... est reformata." It seems difficult to extract from this passage, either that the Scottish king was the aggressor, or that ' ' he thought it pradent to negotiate." The over- tures for peace, whether prudent or not, came from the other side, and seem to have been dictated by a friendly feeling towards Alexander, and a re- luctance to enter unnecessarily upon a desperate and bloody contest. In attri- buting, however, to Hemy the inten- tion of "enforcing his pretensions" to Alexander's homage for Scotland, the historian has totally mistaken the mean- ing both of Paris and of the treaty in the Focdera. Henry never demanded "a recognition of feudal dependance," but the renunciation of the French alli- ance ; and no question appears to have been raised about the character of Alexander's homage, but about its with- draiml — "quasi conniventer volens 42 2 APPENDIX L. The long minority of Alexander III., who was under eight years of age when he came to the throne, opened a wdde field for encroachment, but Henry's first attempt to set aside the coronation of his " liegeman," and to obtain the tenths of the ecclesiastical benefices of Scotland, was frustrated by the answer of the Pope. At a later period, however, the anxiety of Pope Alexander IV. to obtain the assistance of Henry against the Emperor, induced him to reverse the decision of his predecessor about the ecclesias- tical benefices, though it needed a severe admonition from the Pope before the Scottish clergy would comply, and Henry's written pledge to Alexander that no injurious precedent should be founded on the papal grant* The usual homage for the fiefs which he held of the English crown w^as performed by Alexander at York, in the Christmas of 125 i, on the occasion of his marriage, when a child of ten years of age, with the princess Margaret of England. The claim for further homage for his native kingdom, raised and waived by his father-in-law, distinctly marks the actual homage to have been for fiefs in England. Two }-ears and a half had now elapsed since the death of the late king, and had the English suzerainty over Scot- land been a reality instead of a pretension, during the whole of this period Henry would have held, by unques- tionable right, the wardship of his liegeman's kingdom. His interference in the affairs of Scotland, however, dates only from after his daughter's marriage with the youthful sovereign of that kingdom ; and as it was based upon no substrahere sibi homagium quod ei tcnc- iitibimiis cum inimicis domini Regis hatur, Francis confcdemtus.'''' The Anglias;" and mutual treaties of peace withdrawal of homage would of course were interchanged. Homage for Scot- have been tantamount to a declaration land is never alluded to. As no men- of war, and was an ordinaiy form of tion is made, either of Comyn's castles, doing so. Bruce and Balliol " with- or of the reception of Marisco — griev- drew their homage" from David just ances probably suggested by Walter before the battle of the Standard. Bisset — it is probable that Henrj', once Alexander satisfied the fears of Henry satisfied about the French alliance, on this point by promising "quod raised no further question about tlie in perpetuum bonam fidem (ligio domi- other points. no nostro) ser\'abimus pariter et amo- * Feed., vol. i, pt. I, pp. 277, 303, rem et quod nusquam aliquod fadus 322, 336, 348, 349. THE ENGLISH CLAIMS. 423 legal title, but only upon his connection with Alexander as his wife's father, so it was always accompanied with an express disclaimer of every intention of founding injurious precedents. When he assisted Durward in the formation of a regency devoted to his own interests as their chief and nearly sole support, though so exasperated against the former regents that he deprived Balliol and De Ros of all their English fiefs — a forfeiture which Henry would willingly have extended to the other members of the regency had they held their Scottish fiefs of an English suzerain — he carried out his measures under the title of " Principal Counsellor of the illustrious king of Scotland," and not as legal guardian of the realm during the minority of the heir, in virtue of his superiority over the kingdom.* Horton's subsequent mission appears to have had little, if any, reference to the affairs of Scotland, and when Alex- ander, then in his twentieth year, repaired with his queen to the court of England, Henry bound himself to refrain from all allusion to Scottish politics during the visit ; and he swore on his soul, that if an heir were born during the residence of Margaret at Windsor Castle, in case of the deaths of both the parents, he would not detain the child, but make it over at once to the custody of the Scottish nobles.-f* The character of Edward was of a very different stamp from that of his father, and Alexander was always care- fully guarded in all his feudal transactions with him, obtaining a full recognition that his attendance at the coronation of his wife's brother should afford no pretext for any precedent, injurious either to himself or his successors, whilst the "aid in money" subsequently sent to Edward, * Feed., vol. I, pt. I, pp. 327, 329. Horton's mission vide\o\. 2, c. 15, p. Rot Pat. 39, Hen. III. When Robert 80 and note. The presence of a body de Ros made over to Henry his castle of Scottish auxiliaries at the battle of of Werk, the king promised that " nee Lewes appears to have been one of the aliquid agat quod pm^judicetur dicto results of his mission. That the "aid" Regi aut regno vel libertatibus suis. of Alexander was given as "a special Lit. Pat. 39, Hen. III. favour," not as a feudal obligation, may be gathered from the letter to the Pope t Fad., vol. I, pt. I, p. 402. For in Feed., vol. I, pt. 2, p. 907. 42 4 APPENDIX L. a sort of Scutage probably from his English fiefs, was acknowledged, as in the former king's reign, as a special and friendly assistance, entailing no injurious precedent upon the sovereigns of Scotland* Alexander's usual homage was delayed for six years, until 1278, in which year Edward, writing to the Bishop of Bath and Wells, on the 1st March, upon various matters, mentioned that he had appointed London as the place, and " the Ouindene of St. Michael" (or the fortnight after Michaelmas day) as the time for the performance of " unconditional homage," promised by the king of Scots. On the 14th June Alex- ander received a safe conduct for three months, and he was with Edward when the latter held a Parliament at Gloucester, towards the close of the month, before his departure for France. For some long-forgotten reason, however, it was not until " the Sunday before St. Luke's day," or the i6th of October, that the king of Scotland tendered his homage at Tewkesbury, which Edward post- poned accepting until he could reach London, assigning as a reason that " he had not his Council with him," but giving Alexander a letter on the following day under his own hand — "teste meipso apud Coberle 17 Oct" — assuring him that the postponement should be in no way prejudicial to his interests. The homage, accordingly, must have been finally accepted in London after the middle of the month ; and from the Scottish version of the transaction, it would appear that upon the 28th of October Alexander tendered it in the following words, " I become your liegeman for all the lands I hold of you in England for which homage is due, saving my own kingdom." On the Bishop of Norwich adding, "and reserving to the king of England the right which he has to homage for your kingdom," the Scottish king replied in a loud voice, " To homage for my kingdom of Scotland none has right, save God alone, and of God only do I hold my kingdom," The Earl of Carrick then performed fealty in the naine of his royal master, who again added the reservation, " for the lands which I hold of you in * Robcrtsoit! s Index, pp. xxi. xxii. T)-i7'et, p. 299. THE ENGLISH CLAIMS. 425 England," and consented to perform all the usual services due from the lands thus held of the English crown. Such is the account contained in the Register of Dunfermlyn ; but in the English " Memorandum," preserved in the Foedcra, the homage is given as follows, " I become your liegeman against all men" — apparently the vague and "unconditional" homage alluded to in the letter to the bishop — Edward accepting the homage with a reservation of his claim over Scotland, to be set aside for future dis- cussion, and also accepting the Earl of Carrick as the tenderer of fealty in his sovereign's name as " a special favour." The very first sentence, however, in the IMemor- andum, stating that " in a Parliament held at Westminster on Michaelmas day" Alexander performed that homage, which, according to the testimony of Edward himself, was tendered and postponed nearly three weeks later, proves it to be the work of no contemporary hand. The last link in the chain of evidence which was to bind the Scottish kingdom to the English crown, is of metal as base as the remainder !* * Fad., vol. I, pL I, pp. 554, 563. Trivet, p. 299. Doc. Illiist. Hist. Scot. II. Reg. Dunf., No. 321. Cal. Rot. Pat. 6, Ed. i. The Memorandum in the Dunfermljni Register tallies \vith the account of this transaction in the letter of Boniface VIII. {Feed., p. 907), and as the lands in T}Tiedale were held by fealty, not by homage, the reser\'a- tion, " for which homage is due," seems very probable. From the account of Trivet it would appear that some said this homage was performed on the day after the coronation in 1274, whilst others placed it immediately after the parliament held at Gloucester in June 1278. It is evident, therefore, that there was considerable difference of opinion on the subject amongst Eng- lish authorities, which tells additionally against the' Memorandum in the Fcedera being a contemporary document. The homage, in fact, was comparatively of slight importance from an English point of \iew, the claim upon Scotland being raised at this time rather as a form than as a reality — to prevent it lapsing. The kings of England were probably more anxious to evade their actual obligations, than hopeful of establishing their dormant claims. Hence the spirit of the passage in Westminster (a^ a;/. 1260-61), that the pa}Tnent of the Scottish king's expenses was "by special favour," when it was amongst the privileges guaranteed in Richard's charter. The framer of the English Memorandum, unaware of the true date, was e\'idently misled by the letter to the bishop, mentioning Lon- don and the Qtiindene of St. Michael, and accordingly he represented the homage to have been performed "in a parliament held at Westminster in the Festival of St. Alichael. This is scarcely the blunder of a contemporary, or of any one present on the occasion ; and as Edward and "his Council" 426 APPENDIX L. One more question remains to be briefly noticed — that of Lothian. That Lothian was originally a portion of the old Bernician kingdom is a fact as unquestionable as that it was either conquered by Malcolm the Second, or ceded to that king by Eadulf Cudel in the earlier part of the eleventh century. When Aldwin and his com- panions, in the days of Malcolm Ceanmore, endeavoured to establish themselves at Melrose, they were met by a demand from that king "ad quem locus ipse pertinebat" for their fealty, which they refused on ecclesiastical grounds alone. Of the temporal authority of the Scottish king over that province, there seems to have been not the slightest doubt when Simeon wrote ; and it may be gathered from the very blunder of Orderic, who repre- sents Malcolm as acknowledging the gift of "the earldom of Lothian" from Edward the Confessor, as the dowry of Margaret on her marriage, that the chroniclers of the twelfth century were ignorant of the talc of its cession in the tenth by Edgar.* It was not before the following century that any chronicler put forward a claim upon Lothian. It was never anything but a chronicler's claim, for the real point in dispute, whenever it was mooted, was the superiority, not over Lothian, but over the whole kingdom of Scotland ; and practically, whenever the marches of the two countries are mentioned, the Tweed, and not the Forth, was invariably the boundarJ^ The greater claim of course included the less, and the lesser claim, if persisted in, would have implied a virtual abandon- ment of the English superiority beyond the Forth. It would have been but a poor dowry for his daughter had William, in return for the promise of Northumberland would have surely recollected the post- existence to give a colouring of justice ponement of the homage tendered at to his claims. Mr. Allen ( Vindication, Tewkesbury in the middle of October, p. 15, 17, Ap. D) has pointed out the I think they must be exonerated from traces of erasures in the Memorandum any knowledge of the fabricated Memo- in question; but in a fabricated docu- randum. It was not upon documents ment of this description erasures are a of this description that the true foun- matter of secondary importance, dation of Edward's superiority over * Sim. Dun. Hist. Dun., 1. 3, c. 22. Scotland rested, though they grew into Ord. Vit. Hist. Ec, 1. 8, sec. 22. THE ENGLISH CLAIMS. 427 from the English king, only offered to settle upon Otho of Saxony, and his royal bride, a fief of which Richard was already the Overlord ! As it was a monk of St. Albans who, in the thirteenth century, first fabricated the cession of Lothian to Kenneth the Second, to be held in the tenth century by homage as a feudal fief, so it was another monk of St. Albans (if not the same) who added to the tale a further grant of maiisioncs, held by the Scottish kings to the days of Hairy the Second, a date exactly tallying with the supposed restitution of " the whole county of Lothian," made according to the same authority, Roger of Wendover, at Chester, by Malcolm the Fourth.* Had Lothian been given back in the same * Vide pt. I, p. 390-2 and notes. The passage respecting the cession of Lothian, in addition to the northern counties, at Chester, is found in the "Imagines Historiarum" of Diceto, but I look upon it as an interpolation, for the following reasons : — The work in question was written by Ralph de Diceto, Dean of St. Paul's during the reigns of Richard and John, beginning from 1 147, the year in which Robert de Monte concluded his chronicle, and carrying it on to 1 198. A brief sum- mary of the work has been added, either by Diceto or some other hand, under the title of " Capitula Imagi- narum," so minute that it was evidently intended to give literally " the head- ings" of every paragraph in the main work. An idea of this minuteness may be formed by comparing such "head- ings" as " Hyems maxima," "Nova moneta in Anglia," or "Tussis univer- sam orbem infecit" in the Capitula, with the corresponding paragraphs in the Imagines. Occasionally, however, paragraphs relating to affairs of the greatest importance will be found in the Imagines to which no allusion is made in the Capitula, though such trivial events as "a hard winter" or " a prevalent influenza" are not passed over ; and it is very evident that the compiler of the Capitula was not aware of their existence in the body of the work. I am veiy far from assuming that all these paragraphs are not to be relied upon, but I look upon them as subsequent additions, and not portions of the original work of Diceto. They frequently correspond word for word with passages in Wendover, as in the account of Henry's penance at the shrine of Becket, for example, where Diceto's error of July for ytme is exactly repeated in Wendover. Ac- cording to a paragi-aph, unnoticed in the Capitula, the treaty by which Wil- liam purchased his release from cap- tivity was negotiated in the Cotentin, and not at Falaise, only two castles being made over to Henry on this occasion, Roxburgh and Bers\dck — exactly the two which remained in the possession of the English sovereign when W^illiam was restored to his original footing of independence. Both these inaccuracies seem to teU of a later hand than Diceto. As no allu- sion is contained in the Capitula to any paragraph relating to Scotland before 1 1 74, I conclude that all the earlier notices of Scottish affairs are subse- quent additions ; and amongst the num- ber of the paragraphs unnoticed in the Capitula is the supposed cession of 428 APPENDIX L. manner as the three northern counties — and Wendover distinctly includes them all in the same category — it would have become, of course, as integral a portion of England as Northumberland. In return for the fiefs restored at Chester Malcolm only received the Honor of Huntingdon ; Richard's charter at Canterbury simply replaced William on the footing of his elder brother ; and the lands of which Alexander received seizin after the conclusion of the Baron's war in 1 2 1 7, were all connected with the same Honor of Huntingdon. It is incumbent, therefore, upon all who maintain the accuracy of Wendover's addition to the other chroniclers, either to point out the period at which Lothian, resigned by Malcolm with the northern counties at Chester, was restored to that king or his successors — or to give some valid and satisfactory reason, why the claims of the Scottish princes upon this province were not included in the compromise, for all claims npon the nortJicrn counties, at York. It is again a monk of St. Albans, Matthew Paris, who includes Lothian amongst the fiefs for which the homage of the third Alexander was tendered, and accepted, by his father-in-law ; but had this been the case, when did the Scottish king either lose or resign the province .-* For in the Inquisition made at Werk — tipon the Borders — after Alexander's death, amongst the English fiefs which he had possessed, and which were consequently made over to John Balliol, to be held by the same allegiance, Lothian is certainly not enumerated. The claim, in short, like the earlier cession of the province by Edgar, never appears in any but a St. Albans chronicler, and never seems to have existed beyond the walls of that abbey. Had it been a reality, the sheriffs and the justices Lothian, at Chester, with the three of the thirteenth centuiy, that the northern counties. Hence I beheve Scots affirmed that the homage of Wil- Diceto to have been as ignorant of this ham to Henry, after his capture at transaction as Newbridge, Hoveden, Ahiwick, was only for Lothian, and Benedictus Abbas and eveiy other con- not for Scotland, it is very evident that temporary authority. The whole re- both Giraldus and the Scots were in sponsibility of the fabrication rests total ignorance of any previous cession upon Roger Wendover. When Giral- of Lothian by Malcolm IV. (Delnstr, dus Cambrensis wrote, at the opening Priiu., c. i.) THE ENGLISH CLAIMS. 429 in itinerc would have been appointed by the English sovereign (as they were in Huntingdon), and the whole baronage of the Lothians would have been as much liable to military service to the English crown as the military tenants of the Honor of Huntingdon,* * Doc. Illust. Hist. Scot, lllust. I. The Inquisition held at Werk in 1291 was to report upon all the lands held by Alexander of the English crown at the date of his death. In consequence of this report John Balliol received seizin of the same, to be held by simi- lar allegiance, after paying "a reason- able relief." According to Sir Francis Palgrave (p. v.), Lothian was held of the English crown by the same allegi- ance as these lands in Tynedale and Penrith. It is singular, if this were the case, that so acute a writer should have thought it unnecessary to explain to his readers the reason why Lothian, held, according to his account, by the same allegiance as the lands mentioned in the Inquisition, was not equally included in it, and regranted in a simi- lar manner to John Balliol, after the payment of " a reasonable relief." As the Inquisition was held "to report on all the lands held by Alexander of the English crown," the omission of Lothian, under the supposed circum- stances, is remarkable, and in default of explanation, seems rather to tell the other way. 430 APPENDIX M. Appendix M. THE DANELAGE. The four kingdoms of Northumbria, East Anglia, Mercia, and Wcssex, were still existing in Southern Britain at the period when the Northmen laid the earliest foundation of their settlements in that country, Northumbria being the first to suffer from their attacks. The invaders were Skioldiingr, of the royal race of Seeland, generally known amongst the Irish as Dugall, who seized upon York in Z^J, overthrew the Northumbrian Angles, with immense slaughter, on the Friday before Palm-Sunday, killed both their kings, the " kindly " Osbryht and the " unkindly " Elli, and set up Egbert to reign as an under-king subor- dinate to their authority. Three years later the royal race of East Anglia was extinguished in the blood of the martyred Edmund, the terrible Ingvar, ancestor of the Dano-Irish Hy Ivar, overrunning and subduing the whole of that kingdom ; a third royal line disappearing four years afterwards, when Burhed was driven from Mercia, and his dominions assigned to Ceolwulf " the unwise King's Thegn," to hold as a tributary king like Egbert of Northumbria. After wintering at Repton the Here, or Danish army, separated in 875, Halfdan, the brother of Ingvar, going northwards and settling in Northumbria, allotting the southern portion of the old kingdom of Deira amongst his followers. After a reign of five or six years Egbert the under-king appears to have been driven out by his people, who chose Ricseg in his place; the death of the latter, in the year of Halfdan's settlement, coinciding with the reappearance of an Egbert, and seeming to point THE DANELAGE. 431 to the re-establishment of the tributar}- of the Skioldings — or his son — in his rule over the Northumbrians beyond the Tyne. Two years after the division of the Here at Repton, another portion settled in Mercia, confining the tributary Ceohvulf to the south of Watling Street ; whilst the remainder under Guthrum, overrunning Wessex, sub- dued the last of the Anglo-Saxon kingdoms, and forced Alfred to take refuge amongst the marshes of the west. Twelve years had now elapsed since the first appearance of the Here in England, its greatest leader was dead, and its character partially changed. Most formidable during its period of union, plundering throughout the summer and living at free quarters during the winter, its losses in that year of battles, 871, were recruited by the arrival of a "mickle Sumerlida," after one of those dubious con- flicts in which, according to the Saxon chronicler, the Danes were defeated and pursued during the whole day, and yet retained possession of the field ! But the settle- ments of the Danes in Mercia and Northumbria must have considerably weakened the main body of the Here, and, most fortunately for the race of Cerdic, a brother of Halfdan and Ingvar, with a reinforcement apparently from Ireland, was slain on the west coast of Devonshire, with the loss of his Raven standard and 840 men ; so that when Alfred mustered the men of Somersetshire "east of the Selwood," of Wiltshire, and of Hampshire — "all who were not driven beyond the sea" — seven weeks after Easter to do battle against the Danes, he brought Guthrum to terms, and the Danish king, welcomed by him as a god- son and a friend, quitted Wessex for ever, and soon after- wards settled peaceably with his followers in East Anglia* Thus were three out of the four Saxon kingdoms overrun and occupied by the Scandinavians, who though they were gradually brought to acknowledge the authority of the royal line of Wessex, and at a later period readily transferred their allegiance to Canute the Skioldiug, were treated in some respects as a privileged people, still * Chron. Sax. 866 to 8So. An. 875-6. Hist. Dun. T-uysden, p. 14, Lit. 866, 870. Sim. Dun. 867, 872-3, do. Hist. St. Cuth., p. 70. 432 APPENDIX M. retaining at the Conquest their pecuh'ar laws and customs with the sole exception of the FritJi-horh, or Visnct, which they had adopted at the suggestion, not by the command, of Edgar.* Their settlements in Northumbria and Mcrcia seem to have been carried out upon the true northern, and apparently earlier system, and as soon as the Here ceased to be a compact and migratory body, the tributary king was confined to one portion of the conquered terri- tory, whilst the remainder was allotted amongst the leading Danes and their followers. Deira was the district thus portioned out amongst the Northmen who peopled the ancient kingdom of Northumbria, whilst Bernicia and the territory of St. Cuthbcrt, between Tees and Tyne, seem to have been still occupied by a Saxon proprietary, to a certain extent in a dependant condition, as exemplified in the Wergilds of the Northern Leod, in which the Iloldr is reckoned at twice the value of the Tliegn.\ A sure and certain test of a colonization of this description is afforded by the topography of the districts thus allotted, the caster and the By invariably marking the presence of the Northmen, not only as a dominant, but as an actual occupying class ; and as only four Bys are to be found to the northward of the Tees, whilst the ehester is traceable from Tees to Tweed, and in a few instances even beyond that river, it may be safely assumed that though the * Edg. Sup. 12. lands in this quarter — the donation of t Compare Ap, E, IVergilds. The Egred — appear to have been bouglit ancient territory of St. Cuthbert was back from the Danes, but they were principally in the Lothians, and in that again confiscated by Reginald Ily Ivar, portion of the modern county of Dur- and there is no account of the manner ham lying to the northward of North- in ■v\'hich they finally became the pro- umberland. Ceolwulf gave some lands perty of the See, which was first located between the Line and the Coquet, and at Durham in 995. It is probable that half way between the Alne and the the tale of Guthred's donation was sub- Coquet, to the Saint, but it was Egred, sequently fabricated to furnish some whose episcopate lasted from 830 to sort of title to the property. The lands 846, who first added to the See some beyond the Tweed were never recovered, of the lands between the Tees and the showing how thoroughly the Lothians Wear — though the kings Osbiyht and were in the absolute possession of the EUi seem to have disputed his right to Scottish sovereigns. Sim. Dun. ad an. do so, and the whole property was lost 854. Hist. Dun., 1. 2, c. 5, 6, and in the invasion of the Skioldines. The Hist, St. Cuth. THE DAN EL AGE. 433 territory of St. Cuthbert was divided by Reginald Hy Ivar between his followers Skuli and Olaf, the Tees was the northern boundary of the actual settlement, and that Deira alone was " roped out" amongst the Danes. Where- ever the northern system was thoroughly carried out, the lands thus allotted amongst the Odallers were divided into three separate districts or Trythings, and as the two great tributary states of Saxon Mercia and Saxon Xorth- umbria appear to have been left upon the opposite frontiers of the districts actually occupied by the Northmen — partly, perhaps, as bulwarks against attack, partly as affording room for future expansion — so it would seem as if, for similar purposes, a certain portion of land originally occu- pied by a dependant population (^«/t), p. 81. J Cod. Dip. Sax. 749. THE DANELAGE. 443 and finally by Robert de Mowbray, after whose forfeiture, in 1095, it was retained in the crown, whilst the hereditary claims of Waltheof, the last of the old race who held the fief, were transmitted through his daughter Matilda to the St. Liz, subsequently created Earls of Northampton, and to the royal family of Scotland.* * Sim. Dun. ad an. 1072. 444 APPENDIX N. Appendix N. THANES. When William the Lion enforced the payment of tithes throughout the diocese of Moray, he ordered that " if a Villein will not pay his tithes, let the Thane under whom he is placed, or his lord if he has one, distrain," etc. ; from which it may be gathered that the Thane, though placed in authority over the Villeins, was at that time not strictly speaking their lord — not the "freeholder" of the lands tilled by the Villeins for whom he was responsible. This is further shown by a charter of David II., granting to Sir Walter Lesly the fee and reversion of the Thanages of Kincardine, Aberluthnot, and Fettercairn, of which the freehold — libcrum tcncmcntuvi — belonged to William, Earl of Sutherland. The office of Thane, therefore, was not necessarily identical with the proprietorship of the lands over which authority was exercised, and the Thane is often found in connection with fee-farmers, or hereditary tenants by rent instead of by military service, with whom indeed he has been occasionally confounded ; though the Thane who ranked in the olden time with an earl's son, or a king's grandson, could scarcely have been on a footing with a Rusticiis nativns, or "inborn" cJmrl. In the grant of Kynmyly, Alexander II. made over to the See of Moray, for an annual rent of ten pounds, " totam terram praepositurae nostre de Kynmyly ad feodo-firmam in perpe- tuum," excepting the lands of Markinch, which were the property of the burgh of Inverness, and all the tofts and lands which, on the day of the concession, were possessed " baronibus, vel militibus, vel aliis probis hominibus terrse THANES. 445 nostrae infra divisas prsefate prepositure ;" reserving also to the crown all the fisheries, excepting one which had been leased by "piscarii firmarii" and the Thanes, and all the "placita at querele," except those belonging to the Thane. As the rights of the Frank-tenantry and the prerogatives of the crown were reserved, but the rights of the Thane passed with the rest of the grant, it may be gathered that the See of Moray was placed in the position of the Thane, who would thus have enjoyed a certain portion of the Prepositiira as a property in fee-farm, with a certain por- tion of the royal rights and dues, his prerogatives as "capitaneus" over the fee-farmers and "native -men" on the royal property. He who enjoyed the freehold (in this case retained in the crown) received the rent, and it was in the power of the sovereign to make over the freehold, or right of receiving the rent, to any one he chose : but if the Thane had acquired hereditary right by the usual course of descent, or, after the reign of David, by charter, he exercised his rights and prerogatives undisturbed by any change of overlord.* The record made at Perth in the reign of Alexander II., " de illis qui ab exercitu abfuerunt,"i- after adjudging to the king the fines of any earl whose Thanes had failed in their attendance on " the hosting," goes on to say, " de terris Episcoporum,Abbatum, Baronum,Militum, Thanorum qui de Rege tenent," thus implying that the tenants in capitc at that period, besides Earls, Bishops, and Abbots, were Barons, Knights, and Thanes ; whilst, as the fine levied on every absent Ogticrn — lesser lord or sub-tenant — and Rtistiats, was shared between the king and the Knight or Thane, between the suzerain and the overlord, it is evident that there were two distinct tenures very generally prevalent about the middle of the thirteenth century in Scotland, the tenants in capite holding either * Reg. Morav. 5, 34, 40. Robei-t- "domini" in Moray in the days of soil's Index, p. 89, No. 242. From William. More tenants by Scottish the wording of the passage, "theynus than by military service, sub quo rusticus sit, vel dommus si dominum habuerit," it would seem as + Act. Pari. Scot. vi. Stat. Alex. if there were more " theyni" than //., sec. 2. 446 APPENDIX N. by the feudal tie of knight-service, or by the older tenure of tJianage. " In some Annals," says Fordun, writing- four or five generations after the time of "the Record made at Perth," " Crynyn is mentioned through the fault of the transcriber as Abbot of Dull, when Abthane of Dull would have been the more correct designation. Abthane is derived from Abba, father, and TJiana responsi- ble or numbering ; hence the Abthane was, as it were, the head of the Thanes, or their lord under the king, to whom they were bound to answer every year for the farms and rents dne to the king. The Abthane had to number the royal rents and crown dues, doing the duty of a Steward or Chamberlain. . . . The kings of old used to grant more or less land to their followers, a thanage, or part of a province, in fee-farm — for at that time nearly all the kingdom was divided into thanages — giving to every one at-will ; to farmers, for instance, to hold from year to year ; to freemen, and men of gentle birth, for a term of ten or twenty years, or for life, with remainder to one or two heirs ; and to a few, such as knights, thanes, or magnates, in perpetuity, though not so freely but that they were bound to pay a stated annual rent to the king"* For all this description Chalmers abuses Fordun as " a fabulist," but in the reigns of David Bruce and Robert II., when the historian wrote, the Thanage was a known tenure ; it was granted and held, and it is most improbable that Fordun should have written gross falsehoods about * Ford., 1. 4, c. 43, 48. With due rogatives, extending in early times over allowance for the feudal ideas of For- a far wider district than the portion of dun, I see no reason to question the land actually attached to it. The free- existence of tenures resembling those hold of the land might be granted he describes. The first is simply a away, as indeed it often was, but of the yearly tenancy-at-will, as it is described office and its prerogatives, if hereditary, by the chronicler of Lanercost (ad an. the Thane could not be deprived, as is 1248). The second is the tack or ter- evident from the reservation in the minable lease, the third the hereditary grant to Sir Walter Lesly, " of the grant, answering respectively to the rights of the heirs of the original fice and the fend. The Gaelic Thanes," if they appeared and could tenure, however, conferred originally prove their claims {RobcrtsotCs Index, office over land rather than the land p. 87, No. 220). Latterly the Thanage itself, and the duchas or freehold of must have often become a sort of rent- the Thane was his office and its pre- charge. THANES. 447 the character of an existing tenure, however he may have been mistaken when indulging in speculations about its origin, or on other points about which later theorists are not necessarily infallible. Even his error about the mean- ing of the word Thane is the blunder of a writer ignorant of its real acceptation, and giving it the interpretation of "a responsible and numbering official" from a familiarity with the actual duties of the office ; and I see little diffi- culty in recognizing the Thane from his description as a royal official responsible for the rents and revenues of a Thanage, or portion of crown-land placed under his charge, which, if possessed uninterruptedly for three generations in early times, or confirmed by charter in a later age, was held of the king in hereditary fee-farm, or payment of rent, and by "Scottish" instead of knight-service. Under the disguise of TJianus — whether a Latinized legal appellation resulting from the prevalence of Lothian law, or merely a corruption of the Gaelic TigJicni — it is easy to detect the Maor, or counterpart of the Graphio and Gcrcfa, a well-known official amongst the Celts who with the Welsh, and probably also with the Gael, exer- cised a joint authority with the Cynghellwr or Brehon over the Fiscal lands, or districts retained in immediate de- pendence upon the crown. Only two classes can be distinguished amongst the .S^^r-clans, or free tribes, enu- merated in " the Book of Rights," a work presenting a very fair picture of a purely Gaelic state of society, the one untaxed, holding their ^//r//«i'-lands by " right of blood," or in virtue of a real, or supposed, consanguinity with the royal race ; whilst the other class was liable to a certain settled tribute — cios or can — resembling in many respects the clientcs of the greater confederacies of an earlier age.* The gradual rise of a third class may be * Thus the various subdivisions of in Scotland as Land-^t'.w and Kane; the Hy Nial and of the Eoganachts and though the words are often used were the Sliocht — the Leiichte or Lendes indiscriminately they seem to have an- — of the principal kings of the north swered, strictly speaking, to the Nor- and south of Ireland, holding their wegian Tkegn-gild, land or noble tax, diic/ias-\z.nAs untaxed in right of their and Hef-gild, poll or ignoble tax. Al- origin. Cios and Can long survived lowing for the usual change oip into c 448 APPENDIX N. traced amongst the Germans, a class as unknown, appa- rently, amongst the Scandinavians as amongst the Welsh and Gaelic Celts of Britain and Ireland, and originating from a Roman rather than from a Germanic source. In very early times the tie of blood was in a certain sense of a religious nature, he who was not of "the kin" being unable either to administer or participate in the sacred rites. It was, perhaps, from a feeling of this description that in settled communities a connection of a peculiar nature was generally necessary for the alien, like that which, amongst the Greeks, bound the Mctic to his Pros- tates — literally, the man who had changed his Jiome, thereby forfeiting the rights of kin or vicinity, to the man who stood before hivi — and when a slave, who was a mere chattel belonging to his master, was liberated and became a man with social rights, he was placed upon the footing of the Alien, he and his descendants requiring a Prostates, or "man to stand before them," until, in most cases, the wide-spread custom of the "three generations" ranked the third in descent (or fourth according to the method of reckoning) as a man with full proprietary right, or here- ditary birthright. To a similar source the Clientela amongst the Romans may probably be traced, the Cliens being originally a Libertiis who required a Paiivnus, the connection remaining in force at least until the necessary cognatio was established, and the son of the Libertimis became Liber 1^ As civilization advanced, entailing in its progress many a social difficulty unknown to a ruder and unsettled state of society, the lesser Freeman was often glad to seek the support of a greater, and, without entirely forfeiting his social rights, he was admitted to the same "paternal" protection as the Libertus, with this difference, amongst the Gael, Can seems traceable a period in which it was completed in to the same root as Hotyj; and Fcena. three, as in the old German Vier A)ien. The change points to two different * I refer of course to the period phases of society ; an earlier, in which alluded to by Suetonius, in or before noble was synonymous with free, and a the days of Appius Claudius. The later, in which the noble stood out from historical Roman cognatio was of six the free, as the free classes from the descents, but there had evidently been servile. THANES. 449 however, that the act was vokmtary on the part of the former, whilst with the latter it was obHgatory. Free cHentage was, as it were, the perpetuation of the condition of the Libertus and Libertinus, forming an intermediate state between absolute freedom and absolute servitude ; and the admission of the Freeman, who retained his pro- perty and social rights, to this footing, marks the entrance upon a different phase of the social system, in which one freeman might become dependant upon another without forfeiting either liberty or property ; whilst the necessity of assuming the "Gentile name" of the patron displays the force amongst the ancient Romans of that tie of blood which required the client to be enrolled theoretically amongst tJic kin. When the Franks first occupied the Roman provinces they were a confederacy under many leaders, not a people united under one king, and their division of the conquered territory appears to have been carried out according to the earlier, and strictly allodial, theory, assigning to every freeman an allotment, not necessarily of a permanent character, and reserving the remainder as public land. The freeman, incapable in his character of Lend of service or dependance upon another, and transmitting his right to an untaxed allotment as an inalienable birthright to his heirs ; the royal Gasind, dependant originally upon the royal bounty for his support, and bequeathing to his descendants an inheritance of privilege and " noble ser- vice ;" the Freedman, and the Slave, were characters more or less familiar amongst the early Germans ; but the dependance of one freeholder upon another amongst the ruling race was totally unknown at that period, and from the difference in the condition of the Denarialis and the Tabnlarius it may be gathered that this dependance — the relation of the free client to his patron — was one of the numerous adaptations of Roman law which lay at the root of the feudal system. The Denarialis, freed by old Frank law, or " ancient custom," was brought before the king or his representative, the king being the heir if the race died out before the third generation — " hereditatem in VOL II. 2 G 450 APPENDIX N. sua generatione non haberet (Denarialis) antequam in tertiam generationem pervenisset ;" and as the king, after the time of Chlovis, stood in the place of the representative of the earlier community, Leod, or Folk, it may be gathered that the right of a Libertus to an allotment reverted to the common fund, out of which it had been originally taken, if the race died out before acquiring " hereditary right," or the power of inheriting and bequeathing property. So, also, amongst the Lombards in the seventh century; if the Libertus was Amtind as well as Fu If real, the Curia Regis representing the earlier community was his heir, though the Roman principle was by this time also acknowledged, and the Mund, or patronage, might be retained by the liberator. The peculiar relationship between patron and client, the principle of individual patronage between free proprietors — or rather, perhaps, the application of such a principle, the principle of the Mund-borh in short, to a free proprietary — appears then to have been unknown to the early Germans, and the Roman nature of the tie is clearly attested by the words occurring in a Formulary of Mar- culf, in which a " Servus ecclesise," or church-vassal, is supposed to confer freedom upon his own " servus," evi- dently by Roman law — '' ISIundebordeii vero, vel defen- sionem, ubicunque infra potcstatem sancti (episcopi vel abbatis) eligere voluerit, licentiam habeat eligendi, et nulli haeredum et prohaeredum meorum reddat libcrtiuitatis obse- quijiin." "^ * Lc^. Lang. Ro/Iiairc',22i,-6. {Cane.) when he would naturally support his Form. Marc. 103 (Lind.) Compare power by the creation of a class per- also 88 and 96, in which the Mtind-borh sonally devoted to his individual inte- is connected with the civis Romaniis. rests, and called into existence by the As long as there was no settled pro- royal instead of the common will, perty, and the birthright of the Free- Losses in war were probably the usual man consisted in his right to an un- causes of a large enfranchisement ; as settled allotment, it is evident that the when the Lombards "ut bellatorum support of the Libertus must have possent ampliare numerum, plures a fallen upon the Community, and his se semli jugo ereptos, ad libertatis manumission must have been a public statum perducunt. " {Paul. Diac. de act. Hence the rarity of the class Gcst., 1. i, 13, quoted in Ang. Sax., amongst the Germans in the age of vol. i, p. 219.) Private manumission Tacitus, except where a king had mo- could only have arisen out of settled nopolized the rights of the Community, properly, and the principle — carried THANES. 451 The application of the Roman principle, recognizing the Muud-borh as a tie connecting one free proprietor with another, gradually placed the whole free population, either directly or indirectly, in dependance on the king. The tie was originally of a voluntary nature, when the Lend "sought out" the king, and with his Hirdmen, or immediate family and followers, swore trust and fealty in the royal hand, a form which gradually acquired the title of inos Franciann — "veniens in palatium nostrum una cum arimannia sua in manu nostra trustem et fidelitatem nobis visus est conjurasse" — being placed in return "in the royal Trust," and ranking as an Antriistioii on a foot- ing with the official GrapJiio!'' France may be said to have been divided at an early period into Allodial and Fiscal, every Allod in the former being originally in the Mitnd-borJi, or under the protection of the Leud or heredi- tary proprietor, whilst the whole of the Fiscal property was under the immediate protection of the king, and an offence committed upon the person of any one enjoying the privileges of the Trust was compounded for at three times the amount of a similar offence perpetrated upon the person or property of a Leud.-f When, therefore, the Leud with his Hirdmen had sworn fealty " more Francico," in the hand or Mund of the king, he was at once enrolled amongst the royal Antrustions, or Fidcics, and entitled to all the privileges of the Trust ; and if his Benefice, or terminable grant of Fiscal land, was subsequently converted into Jiercditas, or allod, these privileges, or royalties, as they were sometimes called in a later age, were centred permanently in the person of himself and his heirs male, into Iceland {Vide Gi-agas, sec. 6, tit. ali" became the principle of imperial 43) — that "he who gives freedom must feudalism {Lib. dc Beir. sec. 4). also give the means of living," trans- * Z^rr. .S'c?/., tit. 43-4. Form. Alarc, ferred the rights as well as the duties 1. I, \%{Canc.) T/v/j/', like the Anglo- of the Community to the lord. The Saxon socii — its equivalent in many re- inability of the Libertus and his son to spects — may be said to have meant both acquire hereditary right was gradually the protection sought and granted, and transferred to the Kotiirier, and " omnes the district over which it extended. V. qui non sunt ex homine militari ex Ditcange {Heivschel) in voc. Triistis. parte patris et avi jure carent benefici- + Lex. .Sal. tit. 43. Recap. 30, 3r. 452 APPENDIX N. to whom he transmitted an inheritance of " SaHc land," which stood out from amongst the fiefs of the Feudal era as Fratic-allcii-noblc. With the gradual development of the royal authority the tie of the Miind-borJi became obligatory, and the Leud was bound " to seek a lord/' and place himself under the protection of the king or of a seigneur, his land being thenceforward included within the limits of the royal or baronial Trust ; but it was still the property of the Leud, free from seignorial obligationis, though the tenure was not "gentle," and was know^n as Franc-allai-rotiiricr* The various phases of society preceding the complete establishment of the Feudal system in England, France, * Villam quam antea ad fisco mo adspexerat . . . cum omni integritatc . . . absque ullhis introitu jitdicum de quaslibet causas freda cxigendum . . . jure proprietatis possidere . . . et ipse et postcritas ejus earn teneant et possi- deant et cui voluerint ad possidendam relinquant." Form. Marc, 1. i, 17 {Ca»e.) Marculf wrote about the year 640. The above is an extract from a Formidaiy for converting a Benefice of fiscal land into Allod, evidently /)«//<■- aUcu-noble, all the " regalities" pre- viously exercised by the Graphic, or royal deputy, being made over to the Antrustion or his deputy. "Salica teiTa" has been variously explained, but it seems to have been simply "crown-land," the old Folk-latid or public property granted out, as opposed to the AUod or private property allotted to individuals. Selciaitdt, the Gloss mentioned by Liiid. for Salica terra, is apparently connected with the old Frank seleii, Ang.-Sax. syllan, to give, i. e., " granted land." The Allod, fail- ing male heirs, passed at once to fe- males, and, by will, daughters could share with sons, as is evident from a Formulary of Marculf. The Salic law attached originally only to scldaitdt, and \htsa/iarU'rr(e, found in early grants and charters, were lands subject to this law — lands which would have passed to the heir male, even if all the rest of the property had been willed away to heiresses. Lex. Sal.,\\t 62. Form. Marc., 1. 2, 12 (Cane.) As late as the Revolution of 1789 there were three tenures in France, Fraue-Alleu, d Fief, and a Cens; though their peculiarities had for centuries attached to the land, like manorial rights in England, not to the proprietor. As early as the date of Domesday there were holders of "terrce Villanorum" who were very far from being Villeins. Franc-AUeic was divided into uQble — privileged and passing to the male heir, and repre- senting the royal grant of Salica terra to the Antrustion ; and roturier, un- privileged and divisible by the old allodial custom of equal partition. The proprietor by the latter tenure was " \vithin the justice" (in secta curias) of the Seigneur within the limits of whose barony his property was placed — within whose Trust or Socn he was — but in all other respects the property was free from private obligations, owing "ni devoirs ni droits Seigneuri- eux;" and it represented the earlier Allod, the private property of the Leud, brought into Tnisl when that tie had become obligatory. THANES. 45 3 and Germany, may be arranged, in a general way, under the heads of A llodial and Intermediate. The earliest and purest form of the allodial system was usually represented by a community of untaxed proprietors retaining a portion of public land to supply the necessary exigencies of the state ; whilst in its later form the king had replaced the community, reserving the public property, now known as fiscal or crown land, for the exclusive support of his Gasinds, or immediate personal followers. Irrespective of the original allotment, more or less shifting in its character, and hardly belonging to a settled state of society, two tenures only are traceable during the earliest portion of this period, the piirc Allod, or inalienable freehold be- longing to the Allodial freeman, and the official tenure of the Graphio, or deputy exercising authority over taxed and fiscal land ; though a third was very soon added, the Benefice, or terminable grant, bestowed upon the royal soldiery, originally after the completion of their service in the royal Hird. In the second, or Intermediate period, the community had been entirely converted into a king- dom, the representatives of the earlier freeholders existing as a taxpaying, and gradually sinking into a roticrier class agricultural rather than military, the bulk of the soldiery- being now supplied by the beneficed followers of the king. The prevalence of the impure Allod may be described as the characteristic of this period ; either noble, held by the Gasind contrary to all earlier precedent as a hereditary grant from the king, who, with his Antrustions, had by this time acquired the full and entire rights of the earlier community ; or rotiirier, representing the old freehold deprived of " Allodial right" and taxed. Another feature of the same period may be described as " the royal con- quest," not necessarily the result of an actual appeal to arms, the district thus absorbed, or annexed, being no longer allotted out amongst a new Allodial proprietary, but retained in the crown and administered by royal officials, the original proprietary remaining on a subordi- nate footing and taxed, but often retaining certain privi- leges as the price of submission. The comparative absence 454 APPENDIX N. of a nobility whose place was often supplied by a numerous roUirier proprietary, was often, though by no means invariably, the result of a conquest of this description, of which Friesland and the Tyrol may be instanced as examples, whilst on our own side of the channel, Kent long presented similar features in her prevailing tenure of Gavelkind. At a later period the principle of Emphyteusis (a name first appearing in the Pandects of Justinian, and pointing to the eastern empire as its original source), and subsequently the royal charter, converted the Benefice into the Feud instead of the Allod — the terminable into the hereditary lease, instead of into the absolute grant of property — thus entailing upon the holder relief, aids, wardship, and other obligations distinguishing the Feud from the Allod ; and with the substitution of the principle of a hereditary tenancy, inalienable from the holder and his heirs as long as they fulfilled their obligations, a prin- ciple familiar to the Roman long before it was acknow- ledged in the Frank or German Empire, the true Feudal system may be said to have commenced.* * The best description of the Feud constant attendance in the Hird. It is contained, perhaps, in a charter of was the miles emeritus who was en- the date of 1216, quoted by Ducange titled to his Lren, according to Beda's in voc. " Usus et consuetudo Francie letter to Archbishop Egbert. There talis est, quod ex quo aliquis saisitus was one stage of society in which the est de aliquo feudo per dominum feodi, whole nobility, and another in which dominus feodi non debet alium recipere themajority of the same class, resembled in hominem de eodem feudo, quamdiu the clergy in being "beneficed," or ille qui saisitus est de feudo velit, et "holders of livings," not hereditary paratus sit, jus facere in curia domini proprietors of any particular spot of feodi et persequi. " The Roman yI/««/'- land; a system which must have pre- fex, according to Festus, was the holder sented many similar features to the of an office in the actual discharge Gaelic "Law of Tanistry," which is of its duties, whilst the Beneficiariiis described further on. The use of the was the Miinifex emeritus, enjoying a word Emphytetisis first occurs in the Benefice or reward for having dis- Frank laws in Cap. Lang, ad an. 819 charged them. So in early times the {Pertz. Leg., vol. i, p. 228), "et de- Gasind was an actual member of his fendantur res ecclesiasticas ut emphy- lord's Hird, enjoying the larga epiihc teusis,unde damnum ecclesicepatiuntur, described by Tacitus, the Lien without non observetur, sed secundum Legem which he could not marry being, in a Romanam destruatur." The feudal settled state of society, the Benefice system is often charged with sins of that rewarded his ser\-ices, on receiv- which it was scarcely guilty, for most ing which he ceased probably to be in of its burdens were in existence long THANES. 45 5 Two characters stand out in earl}- prominence amongst the Anglo-Saxons, the hereditary Cyning in place of the Ealdorvian of the continental Saxons, and the hereditary GesitJi or GesitJiciiuduiau, in place of the Adaling. The condition of the Gesith — or Gasind — in the days of Tacitus, was simply that of a military follower, and as every free member of the community was entitled to his allotment in right of his birth, so every Gesith, in return for resigning his birthright, was entitled to the support of the lord to w4iom he dedicated his service. The per- manence of the tie which bound the Gesith to his royal master, in later times, is unquestionable, and the operation of the law of "three descents" must have eventually rendered hereditary both the lord's right to the Gesith's service and the latter's claim upon his lord's support, thus originating a class essentially Germanic — for it is not to be found amongst the early Northmen — which was known amongst the Anglo-Saxons under the name of Gesith- cundmen. In Wessex, by the close of the seventh century the entire nobility appears to have been confined to this class alone, for there is not a trace of Allodial tenure to be found in the laws of Ini, the Ealdorman forfeiting his sJiire and the Gesithcundman his land at the royal pleasure if either failed in his respective duties. In Kent, at the opening of the same century, the freemen were still divided into Eorlcund and Ceorlcund, but before its close, in the laws promulgated by Wihtred, the contemporary of Ini, GcsitJic7tnd is opposed to Ceorlcund, and the King's Thegn has replaced the Eorl, sure and unmistakeable signs of the gradual progress of the royal authority. Elsewhere the Intermediate period had already superseded the Allodial at the very outset of Anglo-Saxon history, the beneficed Gesithcundman, the forerunner of the hereditary King's Thegn holding Bocland, standing in the place of the Allodial Eorlcundman.* before its rise, and without depicting * I)d, 36, 51. Leg. IViht., 5, 20, the actual system in colours any brighter 21. The penalty for "fighting" is than usual, I must be permitted to divided in the laws of Ini into the Wife, doubt the pre-existence of a halcyon and the Bot, in every case except in state of liberty and independence. that of the Church ; and as the IVite 456 APPENDIX N. The original King's Thegn was a member of the royal Hird, who, upon the cessation of his actual service about the person of the king, received as a "miles emeritus" a grant of land — a Lsen or Benefice — out of the Folk-land. He was the soldier, tJiegn, or military follower of the king, as the Gerefa was the royal official, and wherever Beda uses the expression " miles," it is invariably rendered in the Saxon version by "cyninges thegn," proving how completely the soldier or man-at-arms was connected with the king. When the Saxon Chronicle, however, in deplor- ing the mortality amongst tJic Kings TJiegns, enumerates as some of the most eminent under that title Bishops, Ealdormcn, and a Wic-gcrcfa, it can hardly be doubted that, at the period when the chronicler wrote — apparently towards the close of the tenth century — the name oi King's Tlicgn was applied to all who would have been known in the feudal era as "tenants in capitc :" and as in the tenth century it was penal to give Socji to a King's Thegn, who, in other words, could not "change his lord" or withdraw his fealty from the king, whilst the IVite, one of the Over- lord's prerogatives, was due to the king alone from all who held a Boc, it may be safely assumed that all the leading proprietary held at this time by the tenure of the hereditary King's Thegn.* This change was originally always belonged to the Overlord, it is subsequently, is marked by the Scetta evident that, at this period, church — \^\\\.-scEttas, Dom-s^cffas, Snmer-scet- lands alone were Allodial, or held tas — and wherever the Sal/a is found, absolutely without dependance on an the old mark has been crossed or en- Overlord. The Gesithcundman might croached upon. It is veiy doubtful if be "driven from his land" or leave it Allodial tenure ever existed m this voluntarily, in which case he might part of Wessex, which was probably take with him his Reeve, Smith, and incorporated by "a royal conquest." child's fosterer, all the rest of the The earliest allusion to "individual tenantiy belonging evidently to the patronage'''' occurs in the laws of the Benefice not to its holder, who was Kentish Wihtred (8), which confirm simply "a Middleman" (/w, 6, 63, the right of "the giver of freedom at 68). Theonly traces of Allodial tenure the altar," i.e., by church or Roman in Wessex at the time of the Conquest law, to the inheritance, the Wergild, and occur in Hampshire and Berkshire — the w// ?/<:/, or patronage of the Libertus, in old Wessex, which may have been as on the Continent, partitioned allodially {Ellis' Introd., * Chron. Sax. 897. Leg. Etli. I. i, vol. I, p. 54). The western portion ///. 11. The oldest MS. of the Chro- of the kingdom, which was acquired nicle containing the passage in ques- THANES. 457 brought about by the Boc, the libc/his or charter converting the Benefice into the impure AUod, which was unquestion- ably of Roman origin ; and as its first appearance in England is connected with the church, its introduction was probably owing to the foreign clergy, to whom, of course, it was familiar. Its use, indeed, seems to have been confined at first, as amongst the Franks, to the church ; which may have given rise to the abuse of which Beda complains in his letter to the Archbishop of York. It had become a regular practice, according to the venerable historian, to purchase lands from the king, and, by a liberal distribution of money amongst the leading clergy and nobles, obtain " letters of privilege," rendering them heredi- tary, on the nominal condition of founding and endowing a monastery. Here, however, the purchaser constituted himself abbot, living with his wife, his family, and his retainers, the latter assuming the character of monks ; so that there was scarcely a Gerefa, Thegn, or member of the royal household, who was not also an Abbot.* It is difficult to conceive a reason for a course so universally pursued, unless on the supposition that lay grants of Boc- land in perpetuity were as yet unknown, and that in order to favour the wishes of their followers for hereditary grants of land the kings connived at an abuse from which they must have profited largely. Its suppression may have been accelerated by the introduction of the "impure Allod," or royal grant of Bocland, equivalent to the Franc- allcic-iioblc, by which the leading Gesithcundmen were converted from Benijiciarii into proprietors, transmitting their lands and privileges to their descendants as Gesith- soc]is.-\ As the early absorption of the nobility amongst tion ends at the close of the tenth if he thought the " letters of privilege" centuiy. belonged only to things ecclesiastical. * Bed. Epist. ad Ecgh., sec. II-13. + It may be gathered from Z^^. ZTe";/. From his expressions " hoc insuper in /. vi. i, that the Shire was divided jus sibi hereditarium edictis regalibus into Hundreds and Gfsitk-socns, or faciunt ascribi, ipsas quoque literas baronies, and subdivided into Tythings privelegiorum suorum, quasi veraciter or Frith-borhs composed of king's vun Deo dignas, Pontificum, Abbatum at answerable to the Hundred-court, and potestatum seculi obtinent subscrip- "plegios Dominorum," baro?i^s me?i, tione conlirniari," it would appear as answerable to their lord's court. Boc- 45' APPENDIX N. the Gesithcund class must have changed their Allodial condition — wherever it existed — into immediate depend- ance upon the crown, so the universal enforcement of " Hlaford-socn," commendation, or the necessity of " seek- ing a lord," must have placed the whole kingdom, either directly or indirectly, in the same condition. The nature of socn in its pure and original form may be gathered from the soc in Lincolnshire, "quod nihil reddebat, sed adjuvebat in exercitu regis in terra ct in mari," and from the condition of the Socmen of Stamford at the date of Domesday, who were free "to seek a lord" at pleasure, and were only liable to the king iox forisfactiira — ivite, or legal penalties — heriot and toll.* The heriot in the case of these Socmen was probably the result of the conquest of Canute, and toll attached to them as inhabitants of a burgh, so that originally they would have been only liable for the legal penalties they might incur, on which the king, or Overlord — the criver of sooi — would have had the usual land was not necessarily Franc-alleu- noble, being simply land held by char- ter ; but if a King's Thegn held a grant of bocland only liable to the trinoda necessitas with his "jac and j-cc," he must have been on a very similar foot- ing with the Frank Antrustion holding m Franc-alleu-noble with "la haute justice." The district over which he exercised his privileges was his soc7i, and within its limits no Gerefa but his own had jurisdiction, except in the shires where the earl would claim his " tertius denarius." * Ellis^ Introd., vol. I, pp. 68-72, 274. Compare Chron. Sax. 918, 921- 22. Leg. Ath. I. 2, III. 5. The nearest approach to the nature of this tie, in comparatively modern times, will be found perhaps in the mutual bonds of Manred and Maintenance — protection in return for allegiance — so often drawn up between the greater and lesser nota- bilities in the Highlands of Scotland two or three centuries ago. The fol- lowing bond, of the date of 1601, is an example: — The Earl of Arg)de "ac- ceptis the saide Lachlane (M'Kinnon) as his Lordshipis native and kpidlie freind, servand, and defendar, promes- ing ... to protect the saide Lachlane, his men, tenantis, and servandis . . . as his Lordship sail do to ony of his awin surname, or to ony uther his native kyndlie freind and defendar . . . the same Lachlane sail await and de- pend upone the said noble Lord, and serve him be sea and land as his native and kpidlie maister, protectour, and defendar," etc., etc., both parties bind- ing themselves to fulfil the contract " contraire all that liff or die, oure Soverane Lord and his authoritie aller- nerlie exceptit." Col. de Reb. Alb., p. 201, No. xvi. This is simply a state of clientage. The word is sometimes written Manrtv;/, but erroneously, as the tie was not in any way connected with rent. The red in Man;??;/ is a ter- mination, as in Gemein;-f(/, Gossipri?^/, now contracted into ry, as in yeomanrj', csivalrj/, infantrj/. THANES. 459 claim. Many of the Socmen, as well as those of Stamford, might " go with their land where they chose," or change their lord at pleasure, so that the tie was not originally permanent, the land-owner being only bound to "seek" some lord or " commend himself," and it may be regarded as the legal enforcement of a voluntary tie by which the whole free population was brought into the soai, either directly or indirectly, of the king. The original Socman was in many respects the type of the holder in Franc-allcu- rotiirier, the Laiid-ageiide Odal-Bonder, or Allodial pro- prietor, brought into the socn of the king or of a King's Thegn, but retaining his land and privileges as before ; the exclusive limitation of this class to Danelage, at the date of Domesday, confirming the utter absence of Allodial tenure except in Kent — and with a few rare exceptions elsewhere — throughout the whole of Saxon England when it was first united under one sceptre by the descendants of Alfred.'^ * The Heriot first appears in the laws of Canute (S. 72). As the Relief— horn, rdever to "take up" the Benefice which had fallen in on the death of the possessor — attached to the Feud, so the Heriot was, strictly speak- ing, the return of the Hcre-gait, or loan of amis, and marked in noble tenure the Benefice or military Lasn, though the words are often used indiscriminately. The Heriot must have been well known amongst the Anglo-Saxons, but as Re- lief did not attach to piiir Socage, I think it may be inferred that originally the Heriot belonged to the Lccn, but not to Bocland only liable to the ti'inoda necessitas, any more than to Franc- alleu. The general enforcement of the Heriot, and the retention by the sove- reign of certain prerogatives "unless he will more amply honour any one and concede to him this worship" {C.S., 12, 14, 15), seem to establish the fact that Canute placed England in some respects on a similar footing with Den- mark, no "franchises" passing by here- ditary right. Another point in which England was assimilated to Denmark was the Land-tax, levied annually, and known as Heregeldox Danegeld. Tribute was first paid to the Northmen in the year in which Ipswich was harried and Ealdorman Brithnoth slain, events gene- rally placed in 993, or eighteen years after the death of Edgar. It was paid to the Norwegian Ulaf Tryggveson, Ethelred, through the intervention of Archbishop Sigric, purchasing " the Frith," or peace, at the piice of 22,000 pounds of gold and silver ; and a regu- lar convention was entered into between the kings, like the agreement between Alfred and Guthrum, in which their people seem to have figiu-ed respectively as "the landsmen" and "the ship- men." So strong was the recollection of this acknowledgment of "tribute" that in the Leg. Ed. Coiif. it is asserted that Edgar's laws ceased to be in force from eighteen years after his death until the accession of the Confessor — a statement which, though not substan- tially correct, can only refer to this acknowledgment of tribute to the 46o APPENDIX N. Very different features were exhibited in Scandinavia, where a Gesithcund class was originally unknown, and where the " impure Allod," in the form of Franc-alleu- noble, or of Bocland, and indeed the very principle of Hlaford-socn, seem never to have been acknowledged, whilst the feud or hereditary benefice was still unknown in the fifteenth and sixteenth centuries. The unity of the royal power in the north was brought about, not so much by amalgamation as by actual, but internal, con- quest — entailing upon all who submitted the badge of con- quest, taxation, and the loss of Odal right ; and peopling Iceland and the British Isles with all who, clinging to their ancient liberties and privileges, preserved them at the price of voluntary exile. The Bonders, after various struggles, remained as a taxed proprietary class, the Holdr, or old Eorlciindmaii of six pure descents, still ranking as an Odalsviand and on a footing Avith the lesser royal nobility, but beneath the Lendernian, the Stallr, and the Jarl — the royal officials — the whole noble class remaining for centuries on the footing of the Gesithcundman of Wessex in the days of Ini, holding benefices conferred for life. The royal property remained inalienably in the crown, and was administered by Jarls, Lendermen, and other officials, the rents, dues, fines, and other royal prero- Norsemen, which impHed the collec- first as the Here, and, after it became a tion of a tax previously unknown, settled impost, as the ZZ/jw^v/, shipmen About twenty years later, m 1012, or sailors, the Tliingmen of the Leg. Ethel red, after "buying the Frith" as Hen. I. xv. (La7os of Ei/i. II. Leg. usual of " the Here," subsidized forty- Ed. Conf. xxxiv. Chroii. Sax. 993, five of their ships as a defensive navy; 1012, 1052.) The Northmen always and as in 1052 the Chron. Sax. repre- appear to have levied a regular fine sents the Confessor as discharging wherever they went, for in France, "the Litsmen," and repealing the when the Danegeld was levied in 877, Danegeld, which had then lasted every bishop, abbot, count, and royal thirty-nine years, the regular Danegeld vassal, paid 12 pence for every inansus for subsidizing "the shipmen" evi- in demesne; every free f/iansuan'its paid dently dated from 1012. The Danish 8 pence for his mansus, half de censu kings kept up the impost as a regular dominicali, half de facullate mansuarii ; land-tax, levied for the purpose of and every sen'ile holder of a inansus paying "the army of occupation," or paid 4 pence, 2 from his rent, 2 from rather the navy, which secured their his own property. Capit. Carl. II. ad power over England. The recipients an. 877. {Pertz. Leg., vol. i, p. 536.) of the pay appear in the Chronicle, THANES. 461 gatives being collected in their respective districts under the superintendence of the Jarls, who retained a third as their own prerogative, representing very frequently in early times the original proprietors of the Jarldoms, exercising as royal deputies an authority which was once their own.* The tenure of the Scandinavian Jarl was very far from being a peculiarity originating in, or confined to, the north. A third was the recognized share of the Graphio in the olden time amongst the Franks, long continuing to be claimed under the title of the tertiiis denarius and the tertia pars baunonivi ; whilst in Hungary, once divided into upwards of seventy " comitatus," each Count claimed a third of the royal revenue as his own prerogative. The custom once prevailed throughout Saxon England, and is traceable in many parts of the Domesday survey, espe- cially in the northern and central portions of Danelage. It was as old as the first settlement of the Germanic tribes Mathin the Imperial frontier, when the Roman was confined to his tJiird — the tertia Romanoriim of the Bur- gundian and Visigothic codes — and may be traced pro- bably in the intended policy of Ariovistus, when he mulcted the Sequani of a second third of their territory, thus confining them to the portion of the dependant ; for a third appears in the olden time to have been the portion allotted to the dependant, whether ivife, reeve, or tenant, and when Odoacer and Theodoric were contented to exer- cise their authority in the name of the Emperor without * Heimsk. liar. Harf. Saga, c. 6. Denmai-k about forty years earlier, by InDucafige (Heinsc/iel),nn&e\- Fetidum, Frederic. With the word Sokn the is the following passage, of the date Northmen wei-e perfectly familiar, but 1420: — "Si Dania vel jm-e vel con- not in the peculiar Anglo-Saxon accep- suetudine uteretur Romanorum .... tation of Hlaford-socn, or Commenda- filii surrogarentur. Sed quemadmo- tion. Compare Halderson and Ihre, dum pis ant consttetudinem Rotnaiti in voc. A passage in a charter of Feiidi Dania non agnoscit, ideo con- Frederic II. to Ratisbon, dated in cessio . . 71071 est realis sed personalis. 1230, " Quicunque residens in civitate In Sicily under the Normans the Feu- impetitus fuerit quod sit Vogt7nan ali- dn7)i Ro7na7niin was equally ignored, cujus," points to the necessity of Hla- Titles of nobility were first made here- foi'd-socji, under a different name, in ditary in Sweden by Eric XIV., son Germany {Ducange i7t voc. Vogttna7i). of Gustavus Vasa, about 1560, and in 462 APPENDIX N. assuming " autocracy," they were both contented with the portion of the depicty, and only claimed a third of the Roman lands.* It was simply the old official tenure with which the northern people had probably been fami- liar from time immemorial, whilst the King's Thegn holding Bocland, the proprietor in Frank-allcu-iwblc, and tlie feudal baron, were characters totally unknown ; their equivalent in many respects, the Hcrser, or military tenant, holding apparently in early times by Vcitzla — victualling, fcorm, or coigny — by quartering the king during his winter pro- gresses — a species of tenure which seems traceable in the early Merovingian era, and which, as royalty ceased to be migratory, appears to have been commuted for a fixed and stated rent, answering, when hereditary, to the feudal tenure o{ fcc-farm.^ * Diicange in voc. Tertius Denarius. Procop. dc B. G., 1. i, c. i. Though traceable in many parts of England, the custom is most obser\'able in Dane- lage, the following form continually occuning in Domesday : — " Pax Regis emendatur per xviii. hundrez. Unum- quodque fiund : solvit \'iii. libras. Duodecim Hund : emendunt regi et vi. comiti." This exactly tallies with the Laws of the Conqueror, which declare the fine for a breach of the king's peace in Danelage to have been 144 lb. The " consuetudincs Regis et Comitis " are also frequently met with. In the vmited shires of Nottingham and Derby, the " Consuetudincs Regis ii. denarionim" are mentioned, the "ter- tius denarius" evidently belonging to the Earl (Domesday, vol. i, pp. 280, 280 B, 298 B, 336 B). The mulct of a third was a custom not confined to the people of the north. An unsuc- cessful war with the Arcadians cost YAis/our out of twelve ii-ibes (Pans., 1. 5, c. 9, sec. 6), and Porsenna's con- quest mulcted Rome of teti out of thirty. t Har. Harf. Saga, c. 6. Each Hersir, according to Snorro, received " 20 marks veitzlo,^'' and was bound to furnish 20 Ilermanjia or soldiers. The " 20 marks veitzlo " bears a close re- resemblance to the 20 lbs. "knight's fee " in England Veitzla and Coigny do not appear to havelbeen, strictly speaking, identical. Coigny answered to quartering the lord's retainers ; Livery seems to have applied to ani- mals ; and both properly belonged to ignoble or villein tenure. Amongst the C}Tnri the free JMaenol was not liable either to Cylch or Doiivraeth — to Ctcairt or Coigny, Visitation or Re- fection — but only to the payment of a fixed rent, \X\e fee-farm tenure of the later Scottish thanage, and to the Cylch mawr yr Teulu, or the great progress of the royal household in winter (Code of Qivynnedd, bk. 2, c. 19, sec. 16). This seems to answer exactly to Veitzla, and resembles the " yerely Cosherie^'' due to the Archbishop of Armagh in his Visitation ( Cotton'' s Visi- tation, passim) ; Cos/ierie was probably connected with Cios, and was only due to the lord and his retainers on a r;^*?/;-^ or progiess. The word in Scot- land seems to have been Cnid-oidche, the Anglo-Irish Cuddie, "a night's THANES. 463 Such were some of the results of internal conquest amongst a northern people uninfluenced by the inter- mixture of a Roman element, or the growth of Roman principles, and Scotland before the introduction of the feudal system appears to have presented many very similar features. The Scottish kingdom was founded unquestionably, in the first instance, by internal conquest, and subsequently enlarged by similar means, such conquest being attended, as in the north, by the loss of the original duc/ias, or odal right, and the imposition of taxation. The Ccan-ciiinctJi — Pcnccnydl ox Adaliiig — who submitted to the royal authority, as there was no intermediate state of socn, must, like the Norwegian Jarl, have held the lands which were once his own by the tenure of the Maor or Thane, as a royal official or deputy answerable for the rents and other royal prerogatives in the district com- mitted to his charge ; a tenure which grew in feudal times into that of fee-farm. It is in the Highlands that the older tenures would naturally be longest traceable, and it will be found, accordingly, that as late as the sixteenth and seventeenth centuries all the leading pro- prietors in the Highlands who did not hold as barons or lairds — as freeholders by knight-service — held as royal baillics and in fee-farm ; for in the " Roll of the names of the Landislordis and Baillies of Landis in the Hielandis and lies," appended to "the General Band," all who are not entered as lairds — lesser barons — or under some higher title, must necessarily have come under the deno- mination, not of Landislordis, but of Baillies of Landis, or, as they would have been called some centuries earlier, Maors or Thanes.* The district over which the Scottish feormP Coneveth sounds as if it were baillie. holding in fee-fann. At p. allied to coigny — coiivictiis. 161, No. x, is a grant in hereditary * Col. de Reb. Alb., p. 35, No. viii. fee-farm from James VI. to Hector In the next page occurs " The Roll of MacLean of Dowart, of the lands the Clannis that has Capitanis, Chieffis, which he and his ancestors had held and Chiftanis, quhome on they depend, of the Abbots of lona (evidently as a oh \.\m&s aganis the zvillis of tkaii-Lan- renewable tack or benefice); in other dis lordis ;'''' in other words, the C^j'/'/- words, the old Abthaiiage was con- /'rt';/(? or C7/y?a;/^ was often not the free- finned as a hereditary thaiiage. As holder of his land, but the 77iaof or the grant was not held by knight-ser- 464 APPENDIX N. Maor exercised authority was not his own property any more than the Laen of the Norwegian official ; the free- hold was in the crown, and, after the introduction of the feudal system, might be transferred to another holder, as in the case of the thanages held by Sir Walter Lesly upon the freehold of the Earl of Sutherland. It would appear, however, that a certain portion of land was attached to the office, both from the parallel case of the HcrcnacJi amongst the Irish Gael, whose relations towards the Cowarb much resembled those of the maor to the king ; and from the charter of Robert Bruce confirming the thanage of Cawdor to the hereditary "Thane of that ilk," in which it will be found that the thanage included the "terra Fergus judicis;" both Thane and Deempster — Maor and Brchon — evidently possessing land in right of their office (equivalent to the maenols of the Cymric Maer and Cynghellwr in the Cyinmud) as well as their share in the royal prerogatives answering to the "tertius denarius et tertia pars bannorum."* Both land and rights were attached to the respective offices, and at the first extension of the royal authority over a conquered district, when all duchas-x\^\. was centred in the king, who assumed the prerogatives of the earlier Ccan-cinnctJi, Cyning, or head of the Kin, both Maor and Brehon were simply royal officials, as removable from their districts as the Anglo- Saxon Gerefa or the Nonvegian Lenderman ; but wherever the offices were continued in the same family, by the action of the " Law of three descents " diichas-xx^t must have been acquired, and at the era of the introduction of the feudal system throughout settled Scotia, the majority of the officials were probably hereditary. vice, the usual relief of " socage tenure " Latin advocatus has passed into the Ian- attached to it, a year's rent — "dupli- guages of Germany and the north cando census primo anno introitus." under the corrupted forms of Vogt and Fogde — royal officials much resembling * For the lands and prerogatives of the " captains" of the royal castles in the Herenach, which were subsequently Scotland — it seems allowable to con- made over to the bishop, vide Coltoit's jecture that the lay tenure was subse- Visifation, passim; for the Cawdor quent to, and founded upon, the ecclesi- charter, Reg. Moi-av. Cart. Orig. 20, astical, both being derived from a or "Thanes of Cawdor." As the Roman source. THANES. 465 There was a custom remaining in full force in many parts of Ireland at the close of the seventeenth century, and then said to have been current amongst the Irish Gael " from time out of mind," which throws considerable light upon the state of society which prevailed, in all probability, amongst the kindred Gael of Scotland at this period. It was usually known amongst the Anglo-Irish as "the Law of Tanistry," and in the Inquisition taken at Mallow, in I 594, it was thus described. " The O'Callaghan is seized of several large territories .... as lord and chief of Poble O'Callaghan {i.e., people, L eod r\ot land) by the Irish custom time out of mind used .... there is a Tanist .... seized as such by the said custom of several plough-lands . . . . the custom is, further, that every kinsman of the O'Callaghan had a parcel of land to live upon, and yet no estate passed thereby, but that the lord and O'Callaghan for the time being may remove the said kinsmen to other lands ; and that (seven of the name) were seized of several plough-lands according to the said custom, subject never- theless to certain seigniories and duties payable to the O'Callaghan, and removable by him to other lands at his pleasure."* Such was one of the leading features of the law of Tanistry where the lord of the district was also chief of the kin. When a territory of this description was simply rendered tributary, the rights of the chief to allot the land amongst his kinsmen would not be interfered with as long as he paid his stated tribute ; but when it was conquered, or reduced to absolute submission, it is evident that, as all the rights of the head of the lineage * Ware (Harris), \o\. 2, c. 11, p. stated order. A royal progress, «/fl'/W 72. The elective theory was still in or circuit, through the provinces fol- force, and the chief and Tanist were lowed, with '■^ grith and gislas," oaths nominally chosen by the kindred. The of allegiance and hostages ; and after state of society in Sweden during the the conclusion of these forms the king thirteenth century presented many simi- might take the Upsal odha, Didgha lar features. Tuuida-XdcoA, Atttaida- drap, Dana arf- — various royal prero- land, and FiadhrtiiidaAzxiA, the three gatives — and give hvns to his Tiatiistcr- divisions of the 65^/a;z(/ kingdom, first wrt;z«fl or Thegns (Zt^. Upl., c. I, 2, 3). chose the king ; the Upland Laghmadr In certain points the Swedish king re- first proclaimed him, the Laghniadrs sembled the Celtic Ardrigk fully as of the other kingdoms following in much as the Roviaito-fetidal sovereign. VOL. II. 2 H 466 APPENDIX N. passed to the conqueror — the king — no estate passed at all, and the whole district would be administered by offi- cials whose office and prerogatives would alone become hereditary* The laws of the Cymri disclose institutions similar at once and different, not a little resembling the state of society amongst the Lombards when the Primus and the Gasindhis maxiimts — the head of the lineage and the official noble of the highest class — stood side by side, a state of society which may have existed at some earlier period amongst the Scottish Gael. Half the Cyvimud seems to have been allodial, held by Bjryrs, the repeated divisions and subdivisions of property disclosing the prin- ciple of joint-occupancy between the Breyr and his Aelodeu, or kinsmen within the fourth degree, rather than the fixed and absolute property of each individual in any one spot of land. The remaining half was fiscal, held by the royal officials and A lltudion, the latter only acquiring by descent a right to remain in their respective cottages, and cultivate in common the district to which they were attached, whilst there is no direct evidence that the offices of Maer and * The intermediate or tributary state have probably enabled him, as his race is exemplified in the case of "the increased in numbers and power, to O'Driscoll." According to the old make over "the countiy of Collimore" custom the eldest of the race succeeded to one of his ovm kinsmen ; in which to the property, MacCarthy More case the representative of the old line of giving him on the occasion of his sue- kings of the alien race of " Clan Dhair- cession a rod in token of seizin, after fine" would have been reduced to the which he was obeyed as lord of the condition of a Biatagh, or tenant-farmer country of Collimore, paying a certain on his own property. Such changes rent and service to the MacCarthy. must have not been unfrequent, and an The O'Driscolls had originally been attempt of this description appears to independent of the MacCarthies. This have been made by a junior branch of state of affairs was ended by Sir Finan the O'Dubdha, which, after first ex- O'DriscoU " taking his lands by letters eluding the elder line of O'Caemhan patent from Queen Elizabeth ;" and in from the chieftainship of Ily Fiachrach, a similar manner the charter had super- next tried to deprive them of their seded the earlier form of tenure in lands, or rather of their duchas right, many another locality besides Ireland, and thus reduce them to the condition In the older state of society, the law of of tributary Z?«^r- clans, {Miscell. Celt. "might makes right," by which the Soc, Ap. D, note. Hy Fiachrach, MacCarthy had originally reduced pp. 109, 253.) O'Driscoll to this dependance, would THANES. A,(i7 Cynghellwr were ever permitted to become hereditary. Where the nobiHty was Allodial, office was seldom heredi- tary.* Nor is this state of society to be regarded as a peculiarity confined to the Celtic people, for its germs are traceable in the description left by Caesar of the Germans of his age, possessing no fixed property beyond the allot- ment annually portioned out by the " magistratus ac prin- cipes" amongst the various cyiis and mcegs — "gentibus cognationibusque.""!* It was the introduction of the Roman charter and of Roman principles that gradually changed the state of society amongst the German people, no "estate passing" apparently amongst the earlier Leudes until the rise of the fixed Allod, nor until long afterwards amongst the Gesithcund class, members theoretically of the sovereign's family, who could have acquired no fixed property before the introduction of the impure Allod ; and Wessex under Ini must have presented many similar features to those which might have been traced in Ireland as late as the seventeenth century, though on a smaller scale, under the name of Tanistry.| The Mormaor, or old Scottish equivalent of the Earl, was, as the name declares, no other than a greater Thane, a High-Steward or HeaJigerefa, bearing the same relation to the Maor that the King's- Ealdorman, Earl, or Jarl, did to the king's Gerefa, or the ordinary royal Stallr or Len- * Code of GtuyuJiedd, bk. 2, c. 18, E, Lcznland.) Evidently "no estate sec. 14, 15. passed" to the junior members, who •|" Cas. de B. G. ,1. 4, c. i ; 1. 6, c. seem to have had a claim upon their 22. Senior, much as in the Irish Tanistry. X In the case of the land "booked The principle was much the same as by king Eadred to ^Ifstan as an in- that of the kingdom, which the king heritance for ever," on the death of possessed, subject to supporting his ^Ifstan, the " landes and sehta" of Gesiths. So the "booked land" be- his son ^Ifric reverted to ^Ifeah the longed to the Senior, who provided for heir, who granted a Itrn of certain his kindred. In the same Appendix is lands to his brother. On the death of an account of the manner in which .^Ifric the lands, again falling in, were church lands were leased m the diocese regranted to his son Eadric ; on whose of Worcester, strictly in accordance death the morgeitgife of his widow was with the principle laid down in the confirmed by the still surviving uncle. Lib. de Ben. 3, " In tertiian descende- (^Cod. Dip. Sax., vol. 6, No. 1288, rant clypeum laicales principes cum quoted in Ang. Sax., vol. i, Ap. episcoporum fiebant homines." 468 APPENDIX N. derman. In the time of Alexander II. the majority of the Earls evidently held as feudal barons, without any claim to their ancient prerogatives over the ten-ants /;/ capite, whose forisfacUira, wite, or penalty for absence from the muster at Inverness, belonged to the king alone. The sole exception to the rule was the Earl of Fife, who was privileged to enter by his Sct'jeants upon the lands of all the freeholders in his earldom to "exact his rights" in the capacity of "King's Mair of the county of Fife."* A similar distinction is traceable in England at the era of the Norman conquest, a grant of " sac and soc'' within the shires of Nottingham and Derby only conferring the "denarii Regis" upon the holder, the " tertius denarius comitis" being still demanded except in the case of three privileged persons, whose immunity, however, was only a grant for life ; so that had there been an Earl of these counties, he would have been invested with privileges similar to those of the Earl of Fife.-f- There seems little doubt then that the Mormaor, like the Maor, was a royal * Sfat. Alex. II. c. 15. Tlie 3/rt;> Nudrie was apparently the hereditary seems gradually to have assumed the royal official, who was bound to look character of the deputy of any official, after the royal interests, and might ap- generally, but not always, the acting point a deputy ; Murchison stood in a personage, and occasionally a deputy's similar relation to the Sheriff, and Bal- deputy. By an act of James I., passed birnie to the Sheriff-depute, the latter in 1429, "a mair of fee," whether mair Mair being the acting official when the of the whole sheriffdom or of a portion lands were perambulated, whilst Nudrie, — a Quarter or Ward — might appoint a man of a certain standing, appeared his own deputy. The "mair of fee" amongst the /'w^//^(7;;«'«a of the Fz,f«^/. of a sheriffdom must have been at one {Ad. Pari. Scot. , vol. 2, p. 1 7. Peg. time a sort of hereditary " sheriflf-de- deBrec/i., Nos. 67, 74, 77.) pute." The practice of appointing -f Domesda}', vol. i, p. 2S0B. There deputies appears at this time to have was a certain mulct of two shillings per arrived at an extraordinaiy height, for hyde which Henry II. seems to have in 1450 there were (/iree " Mairs of the tried to convert into a permanent royal Quarter of Brechin," and in the case prerogative, and which appears to have of a dispute about some lands, the king been paid to the Sheriffs by the vassals issued his writ to William Nudrie, of certain barons " quatenus tali ser- " Mair of fee of our lands of Brechin ; " ^^tio et beneficio eos a gravaminibus et the Sheriff, Alexander Ogilvy, to calumniis hominorum suonim cohibe- Thomas Murchison " Mair of the rent." {Robertson's Beckett, p. 74 and Quarter of Brechin ;" and the Sheriff- Ap. ix.) As the tax levied in Domes- depute, Walter Ogihy, to David Bal- day was six shillings per hyde, these bimie" Mair of the Quarter of Brechin." two shillings were apparently the "ter- THANES. 469 official resembling the Graphic amongst the early Franks, and the Scandinavian Jarl, acting as a royal deputy, and retaining in early times the third part of the royal revenue and prerogatives. The substitution of this species of tenure for pure diicJias or odal right must have been gradually brought about, as in. Norway, by the growth and increase of the royal authority, OirrigJis and lesser chieftains often exchanging their earlier condition of partial or complete independence for that direct dependance upon the central sovereign authority which converted them into Mormaors and Maors ; a change which was probably much facilitated by the great increase of wealth which must have resulted from extending taxation to the classes hitherto untaxed, and in which both Mormaor and Maor, like the royal officials of the north, must have participated. Although the ancient Mormaordoms may have occa- sionally been co-extensive with the still older Rikis, kingdoms or " provinces of the Picts," such was certainly not the case with the earldoms of the feudal era. As early as the reign of Malcolm Ceanmore, and probably for some time before, Gowrie belonged to the royal family; and as Malcolm IV., who calls it his own, enumerates his manors " both in the Earldom and the Regality " — " tam de comitatu quam de Regali meo " — the whole province was evidently made up of an Earldom and a Regality.* As the Termoii, or church-lands, of the Gaelic period of Irish history appear to have been divided into Cowarb- lands and Hcrcnach-ldinds, the latter representing the third or portion peculiarly belonging to the Herenach, who was answerable for the exaction of the Cowarb's dues and tins denarius comitis," which Henry rity; but at a later period the Regality may have wished to consider as inalien- was a district in which the holder exer- able from the land as in the shires of cised the highest prerogatives of the Nottingham and Derby — or in Fife — crown, including originally "the four and to appropriate wherever there was pleas," often having a complete court no earl. of his own, with Seneschal, Chancellor, Chamberlain, and other officials, in imi- * Chart. Scone 7. I use the term tation of royalty — a Palatinate, in short. Regality here in the sense in which it is The subtle distinction sometimes drawn found in the charter, that of the dis- between a Regality and a Royalty be- trict immediately under the royal autho- longs to a still later period. 47 o APPENDIX N. rents from the remaining two-thirds of the district ; and as in Yorkshire, Lincohishire, and the united shires of Nottingham and Derby, whenever the fine of " eighteen hundreds" was levied for a breach of the king's peace, two-thirds belonged to the king and one to the earl ;* so it would appear as if the old Scottish Mormaordoms were very similarly divided into the Mormaor's portion and the king's, subsequently known as the Earldom and the Regality, over both of which the "Great Thane" exer- cised the office of royal deputy or steward, though " the Earldom " was more peculiarly his own. In theory, pro- bably, the whole of ancient Scotia was thus divided into Mormaordoms, each made up of an Earldom and a Re- gality — to use the language of a later era — and subdivided into Thanages, administered by Maors, and exhibiting similar features on a lesser scale ; a dignitary, whose signa- ture is often found appended to the earlier charters as judge of the earldom, holding office by the side of the Mormaor, and corresponding to the judge or Brehon of the thanedom, but of greater importance. In practice, how- ever, many of these districts were entirely in the crown, the king retaining both Earldom and Regality in his own hands, as in the instance of Gowrie, in which case the Maors would have held their thanages directly of the king without the intervention of a Mormaor. As in England the earlier privileges of the Earls appear to have been gradually commuted — " bought up " as it were — for grants of land held by the ordinary tenures of knight-service or fee-farm, so in Scotland the progress of feudalism seems to have confined the Earls within the limits of their own immediate districts, the Earl of Fife alone being privileged to " exact his rights " as king's Maor over the whole pro- vince as of old : whilst the Regality was either granted out in freeholds held by knight-service, or in thanages * Domesday, vol. i, p. 280, 298 B, equal exactly 8 pounds, the value fixed 336 B. Vide also the precedhig note by the Normans on "the Hundred." at p. 462. These "Hundreds," as else- The ore of 16 pence was current where noticed, were of oj-es, and ap- throughout the whole of the centre parently "long hundreds" and "ores and north of England, and over Scot- of sixteen," as 120 ores of i6 pence land. THANES. 47 1 held by rent and Scottish service, and confirmed by charter — or remained in Demesne, both Demesne and thanages being withdrawn from the jurisdiction of the Earl and placed under that of the Vice-comes, an official who must not be confounded with the modern English Sheriff. The Earls within the limits of their earldoms also appointed their own deputies or Seneschals, who from the reign of William the Lion represented, in company with the " Baillies " of the higher clergy, their respective superiors at the county meetings, in which the royal Vice- comes presided ; and long after the earldoms had passed away from the original families, the men of the stewartries of Strathearn and Menteith still mustered, at the opening of the seventeenth century, under the Lairds of Tulli- bardine and Lundie, the former unquestionably the repre- sentative of the ancient seneschals of Strathearn.* * In the " Levy of Highlanders to 13, 14, it is evident that TuHibardine assist Queen EHzabeth" in 1602, the first came to WilHam de Moravia Abbot of Inchaffray and the Lairds of through his wife Ada, daughter of TulUbardine and Lundie, for Strath- Mahse, Seneschal of Strathearn, on earn and Menteith, were to raise 50 the failure of whose male heirs the men; and in the "act anent Wapen- Seneschalship would have become scha wings in the Highlands" of the vested in the Lairds of TuHibardine as same year, the inhabitants were to representatives in the female line of the assemble "within the Stewartries of ancient Seneschals. TuHibardine was Strathearn and Menteith ... in the originally a thanage, held under the presence of the Abbot of Inchaffray earl in fee-farm and by " Scottish ser- and the Lairds of TuHibardine and vice." {Reg. Morav. Cart. Orig. 17, Lundy for Menteith and Strathearn. 18.) By the conversion of the thanage {Col. dc Reb. Alb., pp. 45, 47, Nos. x., into a barony the Thane became the xi.) From Reg. Morav. Cart. Orig. Laird. 472 APPENDIX O. Appendix O. BIATAGHS. Amongst the vivid pictures of " the good old times," which Irish authorities of a iow generations ago loved to elaborate out of materials sometimes, to say the least, somewhat scanty, none have been painted in brighter colours than that of the Biatagh, the royal Victualler, or Hospitaller. Necessarily of noble birth, he was obliged to possess 7 Vills, 7 plough-lands, 7 herds of cattle each numbering 120 head, and a house where four cross roads met. An ox, a sheep, and a pig were to be ever turning on his spit ; wine and whey, milk and mead, were to be handed around each in its appropriate vessel ; and in case of any failure in hospitality a heavy mulct was summarily inflicted. Such is a faint outline of the Biatagh as sketched by Dr. Lynch writing in the reign of Charles II., and quoting for his authority — Keating; yet so brilliant is the colouring of the reverend Doctor, that his latest editor, a little jealous apparently that such a phenomenon should be handed down as a " royal or public officer," questions in a note " whether such a charitable institution could exist except under the immediate superintendance of — the Church." In investigating such stories it is best to try them, if possible, by the test of stern reality, which in the present case can easily be done. According to the same authority there were 3760 VillcB Hospitalliti(S, or Baillc- biatagJis, in Ireland ; and as the Baille-biatagh was a well- known division of the Triocha-Ced, or Barony, and generally supposed to contain 480 Irish acres, about tJirce viillion statute acres must have been set apart for simply supply- BIATAGHS. 473 ing the wants of the passing traveller ! When it is also recollected that, besides this amount of acreage for arable purposes, every Bailie was supposed to include pasturage for 300 head of cattle, the absurdity becomes still more glaring* From the very earliest times hospitality to the stranger has been amongst the foremost duties in a certain stage of society, the proverbial hospitality of the Bedouin be- longing to his condition as much as to his race ; for the German, in the days of Tacitus, was quite as remarkable for his frank and open-handed generosity in this respect, as the Arab of the desert. A profuse and unstinted hos- pitality, however, is the mark of a rude and free state of society, characterizing the Bedouin, or roving Arab, rather than his kinsman whom he despises, the Fellah, or culti- vator of the soil ; and as the Germans, emerging from their earlier and ruder condition, became a dominant class planted amongst an elaborate, though effete, civilization, the rules and limits of hospitality were gradually laid down in various laws. Tectjun ct focus — shelter and fire — was to be denied to no one, the delinquent suffering in his person or his pocket according to his condition ; and according to some of the northern laws, if a stranger who had been refused "fire and shelter" was found dead, his death was laid to the charge of the man who had driven him from his door. All who were travelling upon the royal business, foreign envoys, and nobles coming to court, might claim, in addition, Mansio, or provisions for them- selves and retinue, the cost to be divided among the Villain, or tenantry of the Vill, whether the Mansio was " at free-quarters " or paid for by the travellers. The Burgundian noble who had received a royal grant was bound at his own cost " una nocte praeparare mansionem " — to give a night's feorm — to ambassadors on their way to his sovereign. The private and humbler traveller then might claim as his right fire and shelter for a night, and * Cainb. Evers., vol. 2, 1. 14, p. five-eighths more than the statute acre 242-43. The Irish acre is said to have of 4840. contained 7840 square yards, or about 474 APPENDIX O. probably obtain food by paying for it ; a privilege which long continued in force, as it seems to have been univer- sally allowed at a much later period to give a night's shelter, without becoming " security " for the lodger. The distinction between bare shelter and Mansio, or fcorin, was well known in the East two thousand years before the days of Charlemagne ; for when the Levite was found in the inhospitable street of Gibeah, he said "there is no man that receiveth me to house, yet is there both straw and provender for our asses, and there is bread and wine also .... there is no want of anything :" and the old man replies " let all thy wants be upon me, only lodge not in the street .... and he brought him into his house, and gave provender unto the asses, and they washed their feet, and did eat and drink." Tectum et foctis was all the Levite claimed, but the old "sojourner" (who, as an Ephraimitc, could not be "a freeholder" amongst the men of Benjamin) gave him mansio — coigny, coini-biadh or convictus.'"" The obligation of " hospitality " which was attached to all land that was not freed from it by special grant, seems to have been familiar to the Anglo-Saxons under the names of Cnman-fcorm, and Hospitoriim refectio — the Hlaford-fcorm was supplying the lord with what he wanted — and in one charter the land is freed from "the * Leg. Burgtind, tit. 38. Leg. Long., mark the discourtesy of Simon the 1. 3, tit, 4, sec. 2, 3, 4. Capit. Carl. Pharisee, whose only object was curio- Mag. ad an. 779, c. 14. Judges, c. sity to know " whether this man were 19, V. 18 to 21. Washing the feet was a prophet" (Luke, c. 7). From wash- another wide-spread custom from the ing the feet, signifying an intention of time of Abraham downwards (Gen., remaining, the name of Z^/zJ'/j'-yc'f/ was c. 18, V. 4), Amongst the Welsh, applied to the travelling merchant — according to Cambrensis (///«., c. iv.), the original of the modem Haberdasher water was invariably offered to the or bearer of a Haversac — who without guest, his declining it marking his in- any permanent residence carried his tention of only requiring passing re- goods from fair to fair ; and the court freshment, and not stopping for the for administering summary justice dur- night. Hence washing the feet of ing the fair was generally known as pilgrims in the olden time was equiva- "the Court of Pies-poiidrces,^'' or lent to a welcome, and the words of Dusty-feet, gradually con-upted into our Lord, " I entered into thy house, Pie-pcnvders. thou gavest me no water for my feet,^'' BIATAGHS. 47 s refection of the men whom we call in Saxon WcBlhfcereld and \}a.Q\x fcesting" (travelling strangers and their retinue), and from " English or foreign rcedcfcEStiiige (road retinue), whether noble or ignoble."* At a later period this charge became a most oppressive burden upon the Villeinage, particularly in unsettled countries where the law was en- forced with difficult}^ ; and towards the close of the thirteenth century things had come to such a pass in Norway, that a law was enacted against Waldgastming — or the habit of strangers exacting free quarters — and it was ordered that a house should be set apart in every Vill for receiving strangers, who were to be charged ac- cordingly — the beginning of Inns in the North. In Scot- land, where the traveller's claim to " a night's feorm " appears in the old laws and charters under the Norman name of Jierbary, Waldgastnung was long familiarly known as Sorning, a word equally well known apparently amongst the Irish Gael. As the dwellings of the upper classes increased in size and importance, and Heort, in which Hrothgar's Thegns could feast and sleep without being inconvenienced by the addition of Beowulf and his fifteen companions, ceased to be " a world's wonder," the greater nobles and dignified clergy kept open house in their own Hospitalia, one of which, capable of containing six tra- vellers, was the invariable appendage of every Culdee monastery ; but as this good old custom died away, the name of Hospitale was transferred to the house of public entertainment or Hotel, where " a night's feorm " scarcely answers to the old-fashioned idea of "free quarters;" whilst the Hospitaller, or functionary attached to the Hospital, has long since dwindled into the Hostlcr.-\ * Cod. Dip. Sax. ALv., Nos. 258, Such is the description of "asomer" 277, 288, quoted in Kemble's Anglo- given by Canon Mylne (Vit, Ep. Saxons, vol. I, p. 296-97. Festingvien, Dimk., p. 21). For Heart vide Beo- the Festermen of N. P. L. 2, means wtdf, 1. 135, et seq. Two of the sureties or men bound yy;- another, and exactions famihar to the Irish were in this case probably A' another; i.e., Boujiaght and Sorohen, the former his Hird or retinue. simply meaning a sum paid for exemp- + " Lie sonier, hoc est vagantem per tion from giving free-quarters to the terras episcopi et ecclesix, comjiellabat lord's Boiinaghts — Boticddigion—ox ut ei victus et pecunia solverelur." clansmen strictly speaking, though the 476 APPENDIX O. The Irish Biatagh, then — the man who held his land by the tenure of Biodh, victus, or victualling — was simply a Victualler, or Hospitaller, in the sense of his liability, amongst other burdens, to cuman-feorin as well as to hlaford-fcorin — to supply the wants of the passing stranger as well as those of his lord, and of all whom his lord quartered on him. He was a hospes in the sense of the men of Rodo- niacum, whose " Abbas et Canonici assererent servos esse ecclcsicB sues. Homines id penitus negaverunt, et sese tantum Jiospites ecclesice et colonos esse confessi sunt;"* and it would be nearer the truth, if instead of regarding these 3,000,000 acres of arable, with the additional pas- turage, in the light of lands held for the purpose of hospi- tality, whether lay or clerical, they were looked upon as the amount of rent paying land in Ireland at some remote period. name probably equally applied to his schel) in voc. Hospes. The Hospes was Gall-oglaih, or men-at-arms ; whilst the tenant at feorni. Amongst the the latter was evidently akin to the obligations of the Irish Sinnsear, or Scottish sorn, both being derived from Senior, by the Brehon law, he was to the same source as the French j^i7«r«t?;-. keep "a house of refection for the retinue Vide Ware (Harris), c. 12. of a king, a bishop, or a Saoi." Batik * Charters quoted by Z>«(ra;/^t' (//«■«- of Magh Lena, -p. 186. KALI HUNDISON. 477 Appendix P. KALI HUNDISON. In his sketch of the history of this period, Mr. Skene {Highlanders, pt. i, c. 5) has identified Hundi and Melsnati, the opponents of Sigurd at Dungalsness, with Kenneth MacDuff and a certain Malsnechtan, whom he looks upon as Mormaors of Argyle and Ross ; whilst he considers Jarl Malcolm to have been Malcolm MacMalbride, Mor- maor of Moray. He subsequently raises Malcolm Mac- Malbride to the throne upon the death of Hundi (Kenneth MacDufif) at Monavaird in 1005, extending his reign to 1029, and regarding him as the father-in-law of Sigurd. He then places Malcolm MacKenneth upon the throne, making him a son of Kenneth MacDuff, and consequently identifying him with Kali Hundison ; adding as his reason for departing from the generally received history, " the most remarkable coincidence between the Irish Annals and the Norse Sagas." The only passages in the Irish Annals which bear upon the point in question are as follows, " Finlay MacRory Mormaor Mcroeb a filiis fratris sui Malbride occiditur" {Tigh. t02o) ;* "Finlay MacRory Ri Alban a sociis suis occisus est" [An. Ult. 1019J; "Malcolm MacMalbride MacRory ri Alban mortuus est " {Tigh. 1029) ; " Malcolm MacMalbride MacRory mortuus est" {An. Ult. 1028). I venture to doubt whether they are sufficient to justify a * Mcroeb must surely here be a cleri- but never mac. Any theory founded cal error for Mtiroeb ; for siol, sliocht, upon the identification of the vague clan, and cencl are found in the Annal- word Righ with Monarch rests upon a ists in the sense of a family or race, basis of sand. 478 APPENDIX P. departure from the beaten track, for if their authority is sufficient to place Malcolm MacMalbride on the throne, as I do not see how one passage can be relied upon and the other rejected, Finlay must have reigned before his nephew ; and if Malcolm's reign only extended from 1020 to 1029, he can scarcely be identified with the Malcolm of the Sagas who gave his daughter to Sigurd, as the Jarl was killed at Clontarf in 10 14. "Malbride, the first known Mormaor," writes Mr, Skene, in describing the succession of the Moray Mormaors, " is succeeded by his brother Finlay, Finlay by Malcolm son of Malbride, etc."* Malcolm, therefore, can hardly have fought at Dungalsness as Mormaor of Moray, yielded up the dignity to his uncle Finlay when the latter met Sigurd as " Jarl " at Skyda Myre, ascended the throne in 1005, sunk into a Mormaor and succeeded his uncle in 1020, and made his final exit as king in 1029. It was Malcolm MdicKcnueih, according to Simeon of Durham, who fought against Uchtred in 1005, ai^d won Lothian in 1018 ; and as the Sagas only allude to one Malcolm, the father-in-law of Sigurd, their Malcolm must surely mean the historical Malcolm II., whose reign extended from 1005 to 1034. Kali Hundison was the successor of this Malcolm, and the son of a Jarl not of a king, a description exactly suiting Duncan, the grandson and real successor of Malcolm II.; and with Duncan accordingly I have preferred identifying him. To the existence of a Norwegian kingdom at this period lasting for thirty years, during which Macbeth ruled as a tributary of Thorfin, I must equally demur. The chronicles of England, Scotland, and Ireland, are silent upon this subject, whilst the Sagas only say that -Thorfin plundered the country as far as Fife and returned to Caithness, Avhere he dwelt " amongst the Gaddgedlar," every year fitting out a fleet for a course of piracy — the normal summer occupation of an Orkney Jarl in that age. They make no allusion to his placing officers over the conquered districts, according to the invariable custom of the time ; and in describing his proceedings after his victory, their * Highlanders, vol. I, p. l6i. KALI HUNDISON. 479 expressions are no stronger than upon the occasion of his marauding incursion upon England, with his nephew Rognwald, in the days of Hardacanute, when after a great victory the Jarls are said to have ranged over all England in arms, slaying and burning in every quarter.* The conqueror of Scotland, the main support of Macbeth, would have scarcely been obliged to yield a share in the Orkneys to his nephew Rognwald, backed by a force of tJirce ships ; nor does Thorfin seem to have been of a character to allow his dependant to assume the title of king, whilst he was contented with that of yarl. A king ruling under a Jarl would have been a novelty in history. The support given to Macbeth by the Norwegians, and the presence of a Saxon army at Lumphanan, are equally dubious ; for the Normans mentioned in connection with Siward's expedition four years before, were Osbern Pente- cost, Hugh, and others, who had sought refuge at the Court of Macbeth about two years before the appearance of the Anglo-Danish Earl.-f- * Antiq. Celt. Scand., p. 182. t Flor. IVig. 1054. 48o APPENDIX Q. Appendix O. ORDERICUS VITALIS. A PASSAGE in Orclcricus Vitalis is occasionally brought forward to prove that Malcohn tendered his submission to William through Egehvin bishop of Durham, after the failure of the attempt of Edwin and Morcar in 1068. It is as follows — " Malcolmus, licet ab Anglis requisitus fuerit, et validam expcditionem in eorum auxilium facere paraverit, audita tamen legatione pacis quievit, et cum praesule Dunelmi nuncios suos ovanter remisit. Per quos Gulielmo Regi fidele obsequium juravit ; sic utiliter sibi consuluit, populoque suo multum placuit quod pacem bello praeposuit." Without going the length of Lord Hailes, who says, " I hold Ordericus Vitalis to have been an ignorant blundering monk," I scarcely consider him an accurate authority for events occurring in England a generation or two before he lived. Thus he gives a gossipping description of an interview between Rufus and Malcolm in 1092, on the banks of the Forth, in which the latter acknowledges the gift of "the earldom of Lothian" from Edward the Confessor on the occasion of his marriage with Margaret ! (Edgar's concession of Lothian to Kenneth, it will be observed, and the uninter- rupted possession of that province as a feudal fief, was not yet known to the English historians.) Both kings return amicably into England, but on retracing his steps homewards, laden with gifts and honours from William, Malcolm is treacherously slain by De Mowbray and Morel to the inexpressible grief of the Red King and his court ! In his mistakes about the sons of Malcolm, in his errone- ORDERICUS VI TALIS. 481 ous description of Malcolm Mac Heth as an illegitimate son of Alexander, in his blunders about " good queen Maud," and in many other instances needless to enumerate, there is a similar mixture of truth and error which should warn the historian to be cautious in using him as an authority where he differs from earlier and more trust- worthy chroniclers. The passage in question is probably as far from the real truth as the others already noticed, both because he is the only chronicler who alludes to this submission of Malcolm, whilst Simeon and other earlier and better authorities than Orderic, mention the fact that Edgar and his partizans passed the whole of the following winter in Scotland, which the Conqueror would surely have provided against had he already received the sub- mission of Malcolm ; and because he alone passes over without notice the really important meeting between the two kings at Abernethy in 1072. If Orderic was so ill-informed about the affairs of North Britain at that period as to be ignorant of an event so well known and so important, his solitary and unsupported testimony can scarcely establish the truth of an occurrence unmentioned by better-informed writers ; and the passage is probably nothing more than a confused and erroneous version of the events which actually took place in 1072, transferred, by one of his usual blunders, to 1068. In support of a supposed successful invasion of Scot- land, which he fixes at this period, Sir Francis Palgrave brings forward the following passage from " The Book of Abingdon" — " Rex Scotiae Malcolmus subesse Regi Wil- lelmo eo tempore detrectabat. Quasi coacto in unum exercitu, Rex filium suum Robertum majorem natu Scotiam sua vice transmisit ; cum quo et plures Angliae primates, quorum unus Abbas Adelelmus fuit, pr^ecipiens eis pacem armave offerre. Verum Rex ille Lodoniis occurrens cum suis, pacisci potius quam prsliari delegit. Perinde ut Regno Anglise principatus Scotiae subactus foret, obsides tribuit. Quo pacto inito Regis filius cum exercitu ad patrem hilaris repedavit." To this he appends the following note. " This important transaction, which VOL. II. 2 I 482 APPENDIX Q. is related with great obscurity by Orderic, is told clearly and distinctly in the Book of Abingdon. In consequence of the Abbot being personally present, the compiler of that most authentic volume was without doubt better acquainted with the circumstances than other writers could be who had not the same sources of information. Lord Hailes in his text suppresses all notice of the invasion or of its consequences, but he satisfies his conscience by inserting the passage of Ordericus in a note without trans- lation, but with a few remarks, in which he informs us that he holds ' Ordericus Vitalis to have been an ignorant blundering monk' — a summary mode of refuting historical evidence."* The date of this expedition, in which Abbot Athelm took part, is placed by Sir Francis in 1069, upon his own sole and unsupported authority. It will not be found in the Book of Abingdon, nor does Sir Francis give any reasons for his choice of the year, though he has probably fixed upon 1069, in order to elucidate " the great obscurity of Orderic " by the assistance of this passage. It remains to be seen how far he is justified in his selection. Abbot Athelm succeeded Abbot Ealdred, who was deprived of his Abbacy and committed to the charge of Walkelin, Bishop of Winchester, about the same time as Egel- win was captured and deprived of the See of Durham. Walkelin was appointed to his See on Whitsunday in 1070, and Egelwin was deposed in 1071. Athelm there- fore must have held the Abbacy of Abingdon between 1071 and September 1083, the date of his death; and the expedition in which he accompanied Robert must have taken place bettveen those ycai's. The passage in question, then, can have no reference to the events which Orderic, who alludes to no invasion, supposed to have happened at an earlier date, and his obscurity remains as dense as before. The following extract from Simeon of Durham, settles the real date of Robert's expedition to have been 1080, "Quo anno idem rex Willielmus autum- nah tempore Rodbertum filium suum Scotiam contra Palorai'e's k'isv and F/vj^rcss, etc., vol. 2, p. cccxxxi. ORDERICUS V /TALIS. 483 Malcholmum misit. Sed cum pervenisset ad Ecclesbreth, 7i?illo confccto negotio reversus, castellum novum super flumen Tyne condidit." That this was the expedition in which Abbot Athelm participated is further shown by a passage in the Book of Abingdon, immediately following the notice of that occurrence, " Iterum ad Walos exer- citus dirigitur;" for it may be gathered from the Saxon Chronicle that William marched against the Welsh in 1 08 1. Upon the different accounts given of the results of the same expedition by the almost contemporary Simeon, the best informed chronicler of the north, and by the writer in the Book of Abingdon, which from internal evidence cannot be fixed at an earlier date than the reign of Henry III., I need make no comment. It only adds one more to the many instances of the manner in which the bias of partial writers has distorted the accounts of an earlier period. The successful invasion of Scotland falls to the ground, and a fortunate man must Lord Hailes be reckoned if his conscience was never burdened with a heavier sin than that of omitting all notice of an expedi- tion which — never took place.* * Lib. Ab., 1 .1 and 2, p. 134-6. Sim. Dim. 1070-71, 1080. Chron. Sax. 1081. 484 APPENDIX R. Appendix R. THE THEORY OF DISPLACEMENT. Different opinions are current in different ages, and there was a time when it would have been considered a heresy to trace a great Scottish name to any but a strictly Scottish source, the Norman Flahald being accordingly re-named Flcancc, and assigned as an heir to Banquo, figuring as Thane of Lochaber. Since that time the tide has flowed in the opposite direction, and it has been argued as if every Scottish name of note were to be traced to a foreign settler ; whilst it appears to have been the singular destiny of that part of Scotland answering to ancient Scotia, that the real ancestry of the bulk of its population should be invariably ignored. Here were the Gwyddel FficJiti, pre-eminently the Gaelic Picts, and the leading division of the Pictish people, whose descendants, devoting their ancestry to extermination, resolutely declared them- selves Gaelic Scots. Time passed away, and after the Lowland Scottish dialect penetrated over all this portion of northern Scotland, its inhabitants, forgetting the language of their forefathers, called all wh© spoke it Erse or Irish ; the mountaineers were looked upon as an Irish race, and at length the very citadel and stronghold of Albaiis Gaelic kings was supposed to have been peopled by a race akin to the population of the Lothians — though totally unknown to Beda.* Keating's convenient theory of a pestilence * This is very much traceable to a northern and southern Picts ; to liave certain feehng between different parts been reproduced in the constant hos- of Scotland, which may be said to have tilities between Scotia and Moravia: originated in the rivalry between the and to have been perpetrated in its THEORY OF DISPLACEMENT. 485 that swept away every plebeian of Milesian origin, thus leaving Ireland to the nobility alone, will now probably only provoke a smile : they were an inconvenient race for genealogists, these plebeians, and were thus summarily dealt with. But the theory is scarcely less extravagant which supposes ancient Scotia to have been filled with a population unknown to history — for when did they arrive? untraceable in topography — for where are their vestiges ? and who, if they ever really existed in this quarter, must have exhibited the unwonted spectacle of a dominant people, strong enough to hold their ground throughout the leading provinces of the kingdom, yet submitting to the rule of a king and a nobility sprung from the very race who they are supposed to have driven from the soil ! Where was the strength of the ancient Gaelic kingdom of Scotland if it were not in this very quarter ? Extermination seldom if ever follows upon a conquest. Roving and savage tribes, deprived of their hunting grounds by the encroachments of far more highly civilized races, may gradually disappear, dying out like the aborigi- nes upon the continent of America : but when a settled population is conquered, the proprietary either emigrate, disappear, or sink into a subordinate situation, whilst the bulk of the people remain under the invaders in a position comparatively slightly altered.* It is only, however, after a conquest of a certain character that any change of this description occurs at all ; for where a settled proprietary is not thus displaced, it may become absorbed amongst another race, and all difference of origin be thus forgotten, but it will certainly not die out and perish of itself, nor will Scotland afford any instance to the contrary. No conquest of any description, that could account for a wide latest form in the antagonism between of the Franks. The estabhshment of " Highland and Lowland," or prinii- the Scottish power in Strath Clyde, tive and feudalized Scotland. and encroachments from other quarters, * Thus the settlements of the Ten- gave rise to a similar migration from tonic tribes in England appears to have that quarter to North Wales. There occasioned a considerable emigration is not a trace of any such emigration across the Channel, which seems to attending the measures of David or have been encouraged by the rulers William. 486 APPENDIX R. displacement of the native population in favour of foreign settlers, is traceable at any period of authentic history when such a settlement is supposed to have taken place. The northern wars of Malcolm Ceanmore represent a struggle between Scotia and her southern dependencies against Moravia — between the population of the south and east against the people of the north and west : but of the foreign bands, who are sometimes supposed to have secured the victory for Malcolm, where is there a trace in history ? Where are the lands with which they were re- warded, and by what tenure did they hold them ? IVIoray, the great hereditary province of the rival family, was not forfeited before the reign of David ; and it was scarcely out of the property of his own adherents that Malcolm distributed his rewards. Mar, Buchan, Angus, Strathearn, and Menteith, with the great lay Abbacy of Brechin, are found long after this period in the hands of native mag- nates ; whilst Atholl and Fife were conferred, not upon the supporters of a policy hostile to the native race, but upon branches of the reigning family, or upon a family devoted to its support. Malcolm may have availed him- self of foreign assistance, and there was undoubtedly an immigration in his days into his kingdom ; but, to judge from the example of Cospatric, the majority of his new subjects were planted upon the southern frontiers, amidst a population of kindred origin and customs, where the same hostility to the Norman rule which prompted their emigration, would secure their fidelity as watchful guar- dians of the English marches.* Twice subsequently were "foreigners" expelled — from northern Scotland probably — not a numerous and settled population, who would un- questionably have defended their rights, and a sanguinary struggle would have arisen from such a measure ; but the Court and personal friends of Margaret ; and the imme- diate followers of Duncan II. — ^just as "the Normans" * The De Morevilles held Tevdotdale often the case, by marriage— if Teviot- as a Regahty, as well as the hereditary dale had once been held by Edward— Constableship. The earliest Constable it would mark that another foe to on record was Edward, son of Siward, the Nonnan rule had been planted and if the lands and office passed, as was upon the southern frontier. THEORY OF DISPLACEMENT. 487 were driven, some thirty years before, from the kingdom of the Confessor. Edgar was reinstated by his kinsman the Atheling, but it will scarcely be asserted that the army provided by Rufus was settled permanently upon the soil of Scotland ; and nothing more is known of his uneventful career. Alexander resented a conspiracy against his own person by a NortJier-n war ; the Spey, the frontier river between Scotia and Moravia, was again the scene of the contest, and the king drove his enemies "over the Stockford into Ross." There is an indistinct vision of the forfeiture of one great magnate on this occasion, Malpeder MacLoen, styled " Mormaor of the Merns," and henceforth there is not a trace of treasonable disaffection or forfeiture on a great scale throughout the whole extent of Scotia. The Earl of Strathearn, indeed, participated in the mysterious conspiracy of Perth, but he was not forfeited, as the Moi'avian Earl of Ross appears to have been — probably because his share in the attempt may have been limited to changing the counsellors of the sovereign — and Gallozvay was the seat of the war which followed upon the defeat of the attempt. No better test can be applied in a question of this description than the composition of the juries which pro- nounced " the verdict of the neighbourhood," and were always made up of the " pivbi Jioniincsl' the gentry and proprietary of the district. The earl's son, the thane's son, the abbot and his son, the judge or his brother, and other similar notabilities of native origin appear in Angus, and generally along the eastern coast and in Scotia ; whilst in Renfrew, when Patrick de Blantyre was served heir to his ancestral barony, the jury to a man were of Gaelic origin, and must have been "his peers," barons or freeholders by charter. Renfrew had been given as a barony to the Steward, but the probi Jioniincs seem to have been little affected by the grant. The instances thus quoted are all taken from the age succeeding the reigns of David and William, affording ample testimony that the native proprietary in the settled districts of Scotland had been little interfered with by the measures of those 488 APPENDIX R. sovereigns. The case was different in eastern Ross and Moray, where the disaffected had been rooted out, their lands forfeited, and settlers planted widely in their place. Here the juries were of a mixed character, Norman and other names mingling with, and generally, indeed, pre- dominating amongst those that testify to a native extrac- tion. But the confiscations in Moravia were local and partial, and can scarcely be supposed to have affected the loyal proprietary upon the eastern coast, and in other parts of Scotia. The destructive northern wars of the Conqueror have stamped their results in letters of blood upon the Yorkshire survey in Domesday, but what effect did they produce upon the allodial Gavcllers of Kent, or even upon the neighbouring Ridings of Lincolnshire ?* force amongst the proud burghers of London, by which a man of Villein extraction could not share in their privileges (a veritable relic of the old allodial feeling about the Vier Aiiai), every bondman who held a burgage tenement as his own for a year and a day became free of the burgh. Such emigrants from the rural districts in early times brought no surnames with them, but were knowni from their voca- tions, they and their descendants soon learning to speak the language of the towns ; and as the upper classes be- came feudalized and were known from the names of their properties, so the lower orders, who found their way into the towns, were gradually Teiito)iizcd, spoke Lowland Scotch, and were fre- quently knowni by the Teutonic names of their trades. So far from the old Scottish race in these quarters being driven into the Highlands, it would seem rather as if a vast number from the Highlands had been absorbed by the civic population. The original Scots were no more driven out of the Lowlands by the advance of the Teu- tons than have the original Franks been driven out of Salic France by the encroachments of the "Romans." * Ad. Pari. Scot., vol. I, p. 8l, 88- 92. Alluding to the " Perambulation of the lands of Balfeith," Mr. Innes says, "This jury of Celtic gentlemen of the low country of Angus and Mearns contrasts notably with the lists of bur- gesses of Dundee and Aberdeen of Norman and Saxon names and Teutonic lineage, occurring about the same time." Sketches, p. 147, note I. In the thir- teenth century, then, the native pro- prietary along the eastern coasts were not yet eradicated. When then were they displaced ? As the bulk of the population connected with the soil to the northward of the Forth seem to have borne Celtic names, it may be concluded that the majority of the niral population, from the earls downwards, was of native origin. The burghers were originally almost invariably of alien extraction, but a civic population never migrates into the country, whilst there is always a constant stream of population pouring from the rural dis- tricts into the towns. What a tide has been pouring into Glasgow from the mountains for many generations past ; yet how many of the good citizens have emigrated into Argyleshire ? The burghal laws encouraged this emigra- tion, for contrary to the principle in THEORY OF DISPLACEMENT. 489 It was the charter and feudal tenure which tjradually converted the native proprietary of Scotia into " lairds of that ilk," henceforth undistinguishable amongst the general feudal baronage. At the battle of the Standard, Earl Malise of Strathearn was the champion of the anti-feudal combatants. Forty years later his grandson, Gilbert, was as thoroughly a feudal baron as the latest Norman settler, granting charters sealed with the device of a mounted knight in armour, and with a novelty yet more unusual, a shield emblazoned with arms.* It is scarcely possible to doubt that a similar change was in progress in many other parts of the kingdom besides Strathearn. Not only in Scotland, but throughout Europe the shifting patronymic marks the prevalence of the early benefice, when all who claimed a provision in right of their birth and descent were known by the name of their immediate ancestors, the vier ancn giving the title to the birthright which was subsequently founded on the charter. It was not until after the benefice became the feud, after the temporary and renewable provision became the inalienable and here- ditary property, that it conferred a more or less permanent name upon its owner, all early surnames being invariably " of that ilk" — the proprietor was named from his property. At the opening of the twelfth century, or at any rate at the close of the eleventh, the territorial surname was unknow^n throughout Scotland from the Pentland Firth to the Tweed ; and the same might almost be said of England. Very few names, indeed, of this description were brought into England by the followers of the Conqueror — none certainly existed before their arrival — and wherever a Norman name is found that does not occur in Domesday, it may be safely assumed that, however old its standing, it represents a later emigrant from the Continental duchy rather than one of the combatants at Hastings. The descendants of the latter generally adopted the names of * Inties' Sketches, etc., p. 219, 113, it was after this period that, at one of note 2. The seal does not appear to the assemblages of the Visnct, only have been in general use amongst the four out of the number appended their probi homines until some time later, for seals, " because the others have none." 490 APPENDIX R. those properties in Eiii^land which they had won with the sword. IMany a Norman name penetrated into Scotland. the majority territorial, whether derived from luigiish ox Norman fiefs, which would seem to place their arrival in the reigns of David and William. C')thers again settled in Scotland before they had acquired a name of this description, the race of Fla/ia/d assuming a name from their hereditary office of steward — for the son of Walter Fitz Alan was known as Alan Fitz Walter — wliilst the appellation of Mascn/us, Ic Male, attached to a family of great importance in early times, seems to have been per- petuated with the old broad pronunciation under the form of Manic. The race often gave the name ; J'/einiuj^ and iNglis would have appeared in the charters as I'lanthriisis and A?igliciis : the first ancestor of the great border clan of Scot must have stood out amongst the Saxons of the Lothians as Scotits, the Gael ; whilst the name of IVa/cusis, or /c ]Valcys, given to the progenitors of Wallace, marks the forefathers of the great Scottish champion to have been Cumbro-Britons of Strath-Clyde.* From the fre- quent occurrence of an addition, such as Flandrensis, to the name of the first recipient of a charter, it may be assumed, that in its absence, and where no distinct terri- torial surname is attached, the recipient was usually of native extraction, especially if in a well-affected district — the first holder by charter, but not necessarily the first of the race in Scotland. It is sometimes, indeed, rather hastil)' assumed that every territorial surname denotes the presence of a foreign settler, when in reality it is only the mark of tenure by charter. There can, of course, be no doubt about names brought from another land, whilst in the case of many a surname derived from places in Scotland, it would be not a little difficult to pronounce with any certainty an * Richard, called sometimes le J fa- Lib. cie McL, 69-71, 224-226, 325-326. leys, at others IValeiisis, a Vavassor Either from error or carelessness, the le under the Steward, granted the lands IViihys of the reign of WilHam is writ- of Godeney in Galloway, and Barmoor ten Je llW<7ys and i/c- lhj///7>/ts in the in the parish of Ballinclog, to Melrose, charters of the time of Alexander III. THEORY Of DISPLACEMENT, 4^1 absolute opinion, There are suffidcat mstsmces, however, to show the rashness of any sweeping condusion sw^ as that to which allusion has been made. The family of in Kni^land thivugh the jx^licy of Des Roches, 29-32. 4 1 S ; death of Jtvinna, ami marri.ige with Mary de Couci, 32, 33 : intrii^xics of Walter l>isset, 34-42. 420 ; nei^itia- tions with Norway. 43. 44 ; his death, 45 : his character, and policy in Church and State. 45-52 Alexander 111., birth of, ii. 33 ; his coronation, 53, .uy. : ri\-al jviriies in Saitland at this time, 55. 422 ; his ni.arri.ii:e with the Princess MargaixU of Enj^l.ond. celebrateil at York. 57 ; his answer to Henry on pressing his cl.aim for hom.age, 59 ; disputes aMi- nectevl with the regency, 61-79 ; ceremonious \-isits of Alexander .and his queen to the court of Henry. 70, 71, ^2 : hirtli of a princess, S3 ; em- Ixissy to Norway. S3 ; expeilition of H.aco. S4-96 ; Iwttle of l^args, 91 ; submission of the Hebrides, 97 ; e\'ei\ts in the kingvlom of the Isles, and submission of Man. 98-104; negotiations with Norway for their final cession, 104-106 ; aMitest with the clei^-, 106-109 : his precau- tions in reference to the policy of Edwarxi towanls Scotlojid, 1 10. ill ; his homage at Westminster for the lands held in England, 113 (.>\V424, 425); death of Queen Margaret, 114; marriage of the princess (Margai-et) to Eric Magnusson of Norway, 115 ; her death, 116 ; marriage of the Prince of Scotland, and his death shortly thereafter, 115, 116; assem- blage of the estates at Scone to re- cognise his infant grand-daughter. " the Maid of Norway," as heiress of the ihnine. 117 ; sivond marriage, to Joleta. 117; .account of the niasijue at Jedbun^h, 117. iiS; his council in Kdinlnirgh (.astlc, llS; the fatal riilc to Kinghovn. 110, I20 ; charac- ter ;vs a man and a ruler, 120 ; anec- dote of the Edinbui-gh widow and Alex.andcr 11.. I2l ; \-iew taken of the king's death by the chivnicler of 1-anercost, 122 ; his policy in the kingdom, 122-126 Alexander 11., Pope. ii. 331 Alexander HI.. Pope, i. 1S2. 401 ; William's quarivl with, 3S2. 3S3 Alexander IV., Pope. ii. 62. 422 Alexis, a sub-deacon, i. 3S2 Alfgar, a lieutenant of Athelst.an. i. 64 Alfiwl the Ciivat, i. 65, 6S, 154, 253, 204; ii. 294, 393, 431, 435, 43"8; his will, ii. 313 Alfixxl of Northumbria. i. iS Alice de Runieli, i. 222. 223 Alicia (Matilda), the emj^ress queen, daughter of Henry T. of England, i. iSS. 222 ; her unfaithful baivns, 192 ; her entry into London after Stephen's defeat at Lincoln. 215 Allerton. Honor of. i. 217 AUeu-noble, what. ii. 256 .\lleu-ix»turier. ii. 252, 25S Allobroges, "alien" jxipulation of .Sa- voy, ii. 220 ; meaning of the name, 221 AIU-kI, the. i. 102. 300; ii. 252, s,y., 451, .fri 91, 126 i^3«>. iiS AodEi "Sie —39 = ApoDiBaii:^ . 176 i ' .16 AcnDesna:' .211 Ajbscudi, : Aithitecte; ;: j— ijc^ij- 37. 125 ^ - , Ajgrie, die Dalri^.^ r:. -_ 5 ; SooCnsr. 2zwi Norther- -ec. 256 : _ ; . _ - loTiis o^ 34,5 . ■ - ; : 5. 23 : . 10129011 oC, t^j --. " ■ J4' i. --'i-- i-- i8i,45;b^iop ot . ■ ,5Ei. 7- 51 At± Anmanraa % stt . Ay. '^m, L ijo, AlkiiwiseiK, duar ■- ' Isk setsfe- : ; • mesit in Gzjai. . 461 ; re- ; JfLixsc.^ :i- 65 sexmbles lisat is. Afecs- 211 Ajraasicz- the sea-cnea of Morar, i 3^ . 75 - ;^ Antt=,dse,TeqEiredfcrSooaj^ser»k£:, Jse.- lue icoCijSi L a:8 - ' 3*0- 528 INDEX. Bakbcraml (bc.irinc; on the back stolen goods), punislmient of, i. 25S, 440 Bakers, buighal regulations anent, i. 302 Balance of power, in Celtic govern- ment, i. 26 ; ii. 205 Balliol, Bernard de, i. 201, 203, 368 Balliol, Edward, i. 184, 343 Balliol, Henr>', ii. 42, 76 Balliol, John de, ii. 9, 25, 28, 65, 75, 76 Balloch, Walter (Stewart), ii. 79 Bamborough, fortress of (Gwrth Bry- neich), i. 3, 92, 133, 196, 199, 201, 213, 422 Ban, William's regulations about the, ii. 14. 15 Bane, Donald ; sec Donald III. Bane, Donald, a son of William Fitz Duncan ; stv Mac William Bane, Donald, the younger, son of Donald Mac William, i. 361 ; rising against Alexander II., ii. 3 Banff, coast of, threatened by Norse- men, i. 76 Banners, mystic, of the Northmen, i. 94 Banuiis jcgius, ii. 272 Barbarus, equivalent to TItcotisc wer or DetitscIC er, ii. 214, 292 Bardolf, Hugo, i. 39S Barfleur, i. 370, 371 Bargoit, i. 23 Barith Mac Nocti, i. 57 Baronage, the (Second Estate), i. 292 ; their right to hold a court, 264, 265 ; the classes composing, ii. 140- Barons, English, their mdignity to Prince Henry at Stephen's court, and its results, i. 194, scq. ; league of, against David I., 20I Bathe, Sir Thomas, i. 413 Baug, meaning of, ii. 283, 343 Bavaria, boundaries of Carlovingian, ii. 237 ; wergilds in, 277 Becket, Thomas a. Archbishop of Canterbur)', i. 363, 371, 377-379, 441 ; ii. 508 Beda's Ecclesiastical History referred to, i. 6, 7, scq. ; his description of the disciples and successors of Co- lumba, 8, 324 ; quoted as to regal succession, 21 Bedells of burghs, i. 298 Ben and />cn of British topography, ii. 377 Benedict Biscop, u. 203 Benedict VIII., Pope, i. 175 Benedict IX., Pope, i. 175 Benefice, the Imperial, i. 243, 244, 267; ii. 319 Benefices, ecclesiastical, re-valnation of, in the reign of Alexander HI., ii. 114 Bciicficiarhis., the Roman, ii. 454 Benimund de Vicci, ii. 139 Berbers of Lybia, " Barbari," ii. 200 Bernard Castle, ii. 6, 28, 118 Bernham, David de, bishop of St. Andrews, ii. 54, 69 Bemicia, kingdom of, i. 4, 12, 96; ii. 391 Bertha, site of the ancient, i. 91 Berthynsak, i. 259 Bertram, Mr., blunders of, i. 3 Berwick, burgh of, i. 298, 418 ; ii. 26 ; Flemish guild of, i. 309 ; castle or, 373i 394. 396 ; ii. 5 ; monopoly of the foreign trailc, i. 442 ; conlla- graiion of, ii. 5 ; wealth of, 172 Bethoc (Beatrice), daughter of Malcolm II., i. Ill Bethoc, daughter of Donald Banc, i. 217 Beverlej', St. John of, i. 62 Biataghs or Biotaghs, landholders pay- ing rent, i. 103, 104 ; ii. 167, 261, 472-476 Bigod, Roger, Earl of Norfolk, and son-in-law of William, i. 435 ; ii. 11, 73 Bigot, Hugh, i. 372 liiland, monastery of, i. 221 Binnan-cneowe {intra genii), meaning of, ii. 313 Biom the merchant, i. 442 Birnam Wood, story of, i. 124 Bishops, nomination of, i. 176; elec- tion of, 338, 343 Bisset, Walter, intrigues of, ii. 34-42, 420 Bisset, William, ii. 35, scq., 50 Bissets, the, i. 443 ; ii. 34, scq., 193 Blacar Godfreyson, i. 70 Black Rood, the, of Queen Margaret, i. 227 Blodwite, i. 259 Blood, the tie of, in ancient communi- ties, i. loi, 338 ; ii. 294 Bocland, the royal grant of, i. 285 ; ii. 256, 263, 264, 313, 457 Boece, Hector, i. 87, 90, 124, 173 ; characteristics of his histoiy, 117 Boedhe, son of Kenneth HI., i. 97, 1 10, 121 Bohemia, boundaries of ancient, ii. 237 Bold-getal, i. 243 ; ii. 267 Bonaver, son of Ingemund of Man, i. 412 Bondmen, the servile, i. 246; ii. 155, 162-166 INDEX. 529 Bonds of union, in ancient communi- ties, i. 10 1, seq. Boneddig (Bonnacht), the, i. 245, 312; iL 261, 475 Boniface VIII., Pope, ii. 113, 425 Borch Hamel, the, L 261 Borrlarii, of Lincoln and York, i. 134 ; the class, ii. 137, 161. 270 Border fortresses, i. 192 Borh ; see Burh Borough - English tenure, L 243 ; ii. 268 Bowyer, Walter, continuatorof Fordun, L 90 Brabant, Reiters of, i. 196, 364 ; ii. 5 Bran, nephew of Constantine, L 20, 23 Brande Erbe, ii. 323 Brandreth Stone, the, i. 223 Brechin, foundation of, by Kenneth II., L 88 ; see of, 335, 441 ; ii. 51 ; the Culdees and chapter of, i. 341. Brehon (Breen, Breithimh), the Vergo- breith {'uhich sec), i. 26, 31, 103, 237 ; ii- 305 . Breint, the word in Welsh for " privi- lege," i. 31 ; ii. 224 Bretwaldas, Anglo-Saxon, i. 32 ; ii. 394 Breyr, the noble in South Wales, L 31 ; ii. 259 Brian Boru, L 122 Bricg-bote ; see Trinoda necessitas Brigham, conference at, between Wil- liam and Henry II. 's deputy, the bishop of Durham, respecting the southern fortresses, i. 395 Briodwr, the, iL 314 liritain, probable origin of the name, ii. 224 Britons, hostilities of the Angles wth the, L II ; territories to which they were driven, 16 (^see Cj-mri) ; incur- sions of the Angles upon, 17-19; Dunblane burnt by, in Kenneth I.'s reign, 40 Brough, i. 366 Bruce, Robert de. See Robert de Bruce Bruce, King Robert, i. 32, 236, 434 ; ii- 33, I37> 142 Brugaidhs, Irish freeholders, equiva- lent to Scandinavian Bonders, L 103; ii 167, 260, 261 Bruidi Alac Fergus, defeats his cousin Egfrid of Northumbria, L 12, 15, 19, 20 Bruidi Mac Malcon, king of the Picts, i- 7 Bruidi, son of Bargoit, 1. 23 Brunanburgh, battle of, and its results, L 63-66 VOL. II. 2 Bruno, Bishop, L 174 Brusi, son of Sigurd Lodverson, i. 112, seq. Bryn-Albyn ; see Drumalban, Mounth Bryneich (Bemicia), the country from the Tyne to the Forth, i. 4, 29 Buchan, coast of, attempt of Norsemen to land on, i. 76 ; earldom of, 236 ; mentioned in the Book of Deir, ii. 500 ; earl of, i. 427 {sec Comyn, William) ; ii. 20, 55, 65, 76, 1 12 Buchanan, George, i. 117 Burgage-tenure, i. 299, seq. Burgesses, original, chiefly of foreign origin, L 309, 371 ; influence of burgher class on the country, 310; their monopoly of commerce, 414, 442 ; ii. 124 ; their earliest association with the clergy and baronage as a Third Estate, 152 Burghead, L 116 Burghs, Anglo - .Saxon, i. 295, 296, 308 ; Scottish royal, 297 ; privileges of, 297-3CXD, 441 ; regulations of, 300- 305, 308 ; the lesser, 309 ; a source of profit to the Crown, ii. 128 Burghs, the five, of the Mercian con- federacy, i. 70, 295 Burgh laws, the, L 237, 295 ; ii. 335, seq. Burgh-moots, i. 298, 301, 302 ; ii. 152 Burgoin, Sir Robert, i. 279, 280 Burgundy, administration of justice in, i. 274 ; iL 279 Burgundians, the, iL 210, 258 ; traces of Celtic element among the, 218 ; wergilds of, 279 Burh, Burh-bote, Burh-Thegns, i. 104, 294, seq. ; iL 336, seq. "Burnt Xjal, story of," referred to, i. 94 ; iL 289, 345 Bute, ii. 24, 88, seq, Butler, Anglo-Saxon office of, i. 316 By, the, and the Vill, ii. 165. See Cas- ter, Castra Cadwal of Gwynneth, i. 1 7. Cadwallader, i. 17 Caesar's Commentaries referred to, as illustrative of the Celtic system of go- vernment, L 24-28, 246 ; ii. 197, seq. See Celt Cain ; see Can Cait, son of Cruithne, L 32 Caithness, promontory of Caith, L 32 ; subjugation of, by Liotr, earl of Ork- ney, 84 ; rescued by the Moray chief- tains, 85 ; contests for the earldom, i 114-116, 411, 412 ; see of, 335, 441 ; M 530 INDEX. extent of the province, 401 ; savage treatment of the Ijishop by Harald Mac Madach, 413 ; murder of Bishop Adam, ii. 18, 19 ; earls of, 23, 45 Caittil the Fair, of the Hebrides, i. 44, 56 Caldenlee, ii. 39, 40 Caledones, a division of the Picts, i. 30 Caledonians, i. 2 Calixtus, Pope, i. 182 Callander, church of, i. 336 Cambrensis ; see Giraldus Cambuskenneth, abbey church of, ii. 72 Caine>-arins, office of, i. 314 Campbell, Colin, ancestor of the Dukes of Argyle, ii. 195 Campbell, the clan, ii. 18, 195 Can and Cuairt (tribute and visitation), leading privileges of ancient royalty, i. 10, 20, 37, 41, 87, 125, 328, 329, 336, 437; ii. 12, 133, 447 Ciincellariiis, office of, i. 314 Candida Casa (Whithern), see of Ninian, I 18, 21, 71, 357 ; ii. 355 ; revival of, in the 12th century, i. 357, 358; did not belong to the Picts, ii. 382 Canons ; see Culdees, Church, Monks Canterbury {see Anselm, P>ardolf, Bec- ket, Hubert), i. 371 ; cathedral of, 374 Cantilupe, Matilda de, guardian of the young bride of Alexander HI., ii. 60 Canton, Centena, i. 103 ; instituted, ii. 334. See Hundred Cantred, the Irish and Welsh, i. 103 Cantyre, district of, i. 167, 236 ; ii. 12, 16, 86, 372. See Kintyre Canute, i. 93 ; his expedition to the north, 96, 97 ; ii. 431 Canute the Wealthy, a citizen of Ber- wick, ii. 172 Caradoc ; see Ceretic Carham, battle of, i. 93, 96, 99 Carlisle, gift of, by Egfrid to St. Cuth- bert, i. 17; rebuilt by Rufus, 129, I43» 193 ; fortress of, 192 ; a fief of Prince Henry, 193, 215 ; treaty of, 218, 352 ; siege of, 364 ; blockade of, 366 ; Alexander II. at, ii. 6 Carnifex, the, ii. 212 Carnutes, the, of Gaul, i. 25 ; ii. 131 Carrick, deanery of, i. 358 ; earldom of, 390 ; earls of, 240 241, 390 ; ii. 66, 109, 495 {see Duncan of Galloway, Niel) Caste, its predominance and phases, ii. 198, 199, 317 Caster and By mark the Northman, ii. 240, 375. 433-437- See Castra. Castle-guard, period of sen'ice on, i. 306 Castle Howard, i. 132 Castles attached to burghs, i. 297, 306, 397 ; regulations as to the castellan, 306-308 Castles, Scottish, ii. 171, 172 Castra, different pronunciation of names derived from, ii. 240. See i. 293, 296 Caswallon, i. 17 Catrail, the, a defensive barrier against the Angles, i. 16 Cattle-lifting, crime of, i. 259, 436, 440 Cavel ; see Ga\el Ce, son of Cruithne, i. 32 Celestine, liishop of Rome, i. 322, 347 Cellach, a northern Mormaor, i. 75 Celt, the, and the Teuton, ii. 197-231 ; mistakes regarding the characteristics of, 197, 198 ; tendency of the Celts to coalesce, 2i8 Celt-Iberians, ii. 218, 222 Celtic dialects, ii. 246, seq. Celtic system of government, exempli- fied in ancient Gaul, i. 24-26 ; amongst the Cymri, 29, 30 ; in northern Britain, 30-37 ; jieculiarity of — its separation of military and judicial authority, 26-32, 38, 77 ; ii. 304. See Picts and Scots Celt-IllyrianJa])o(les, ii. 2l8 Cclto-Ligurian Salyes, ii. 218, 219 Cen-cinneth, head of a race by "right of blood," i. 87, 88, 103, 104, 237. See Cyning Centena ; see Canton. Ceolfred, abbot of W'earmouth, i. 10, 13 Ceorl (Churl), the Anglo-Saxon, i. 237, 313 Ceretic (Caradoc), i. 16, 17 Chalmers' Caledonia, i. 118, 127 Chamberlain of the Court, i. 314, 317 Chancellor of the Court, i. 314, 317 Chapter, privileges of the, i. 341 Charlemagne, i. 275, 318, 319 Charles Martel, i. 313 Charter of William the Conqueror, extract from a, i. 149 Charter, rise of the, i. 284, seij., 314 Charters, early external observances in lieu of, i. 249 ; necessaiy in the reign of William, 436; of burghs, 441, 442 Chaltan, the Clan, i. 241, 272 Chester, Earl of, see Ranulph Chester, i. 353 ; Earl of, 397 Chester le Street, i. 71, 141 ; ii. 240 Chevah'j'ie, the royal, i. 315 Chewill, the Clan, i. 272 INDEX. 531 Chichester (Cissa's ccaster), i. 293 : ii. 240 Childeric, laws of, i. 271 Chishohiis, the, i. 443 Chivalry, courts of, i. 317 Chlovis, i. 266; ii. 213, saj.; policy of, 290, seq. Chorepiscopi, i. 325 Chrene-cruda, law of, ii. 334 Christianity, sketch of its early histoiy in Britain, i. 321-333; conversion to, of the northern Picts, see Co- lumba; of the southern Picts, see Ninian ; ecclesiastical disputes, 9 ; becomes the religion of the Orkneys, 86. See Church, Clergy Christina, daughter of Alan of Gallo- way and Margaret of Huntingdon, ii. 25 Church in Scotland, first collision with the State, i. 174-182; state of, when David I. ascended the throne, 333, 334 ; its reconstruction commenced by Alexander, 185, 335; new sees added by David, 335, 336; suppres- sion of Culdee societies, 337 ; David's proceedings in the diocese of St. Andrews, 337-340; escapes subjec- tion to the English Church, 373, 377 ; attempt of Henry IH. to appropri- ate its revenues for his projected crusade, ii. 56, 61 ; Alexander HI.'s contest with the clergy, 106, seq. : the " new valuation" of church pro- perty, 139. See Christianity, Colum- ba, English Church, Gaelic Church, lona, Irish Church Churl, title of, i. 245 Churl-bom tenants at rent, ii. 51 Cimmerians, the, ii. 202 Cios ; see Can. Ciric, son of Cruithne, i. 32 Civic population, i. 309 Civil Law, the, in England, ii. 507, seq. Clackmannan, William's illness at, i. 399 Claims, the English, on Scotland, ii. 384-429 Clan Aodh Mac Kenneth, i. 91 Clement, bishop of Dunblane, ii. 44, Clement III., Pope, i. 379 Clement IV. , Pope, ii. 108 Clergy, marriage among the, i. 149 ; influx of foreign clergy into England after the Conquest, 177; Alexander III.'s contest with, ii. 106, seq.; re- course to, in courts of law, i. 134 ; wealth of, 138; old assessment of, ii. 276 Clerical tonsure, early disputes as to form of, i. 9 Cleriei Nativi, the, ii. 379 Clientes, the (Gallic magnates), i. 251 ; ii. 216, 217, 236 Clifford, Walter, i. 422 Clipston, meeting of William the Lion with Richard at, i. 397 Clitheroe, battle of, i. 199 Clontarf, battle of, i. 74, ill, 161 Clugny, monastery of, i. 351 Cnicht, knabe, or sven, ii. 31 1 Cnicht-service, i. 185; ii. 136 Cognatio, the Roman, ii. 309 Coigny, ii. 207, 297, 462 Coinage, purity of the, ii. 174 ; among the Romans, Scandinavians, etc., ^341-352 Coldingham, priory of, i. 170; abbey of, ii. 5 Colin, son of Indulf, reign of, i. 77 Colla, the clan, i. 38 ; ii. 364 Colman, a monk of lona, i. 9 Colonus, the, ii. 318, 338 Columba, circumstances connected with his leaving Ireland, i. 6 ; lona grant- ed to him, 6, 7 ; his mission to the northern Picts, and its success, 7, 8; distribution of his relics, 22; old verses ascribed to, 32, t^t^ ; his relics collected and enshrined at Dunkeld, 41 ; church of, 166 Columbanus, founder of the monastery of Bobbio, i. 328 Cohdll, Thomas de, i. 425 Comes, office of, i. 252 ; ii. 209, 252. See Graphio Comet, the, of 1018, i. 95 Commendation, bonds of, i. 257, 295. See Hlaford-socn, Trust. Commerce, laws regulating, i. 300- 305, 440, 441 ; ii- 124, 125 Commot, the Welsh, i. 253, 254, 263 ; ii. 304 Commuititas, meaning of, ii. 137, 149; the two communities, 137-154, 262 Commiitiitafes Cojnitatum, the, i. 405 Complicity, punishment of, i. 264-266 Compurgation, in the system of the Voisinage, i. 266, 267 ; ii. 344, seq. Comyn, John the Red, n. 35, 65, 79 Comyn, Richard, nephew of the chan- cellor, i. 217 ; ii. 55 Comyn, Robert, a Norman Baron, i. 13O1 137 Comyn, Walter, Earl of Menteith, ii. 21, 53, 55, 64, 72, 74; death of, 79 Comyn, William, Earl of Buchan, ii. 55. 76 532 INDEX. ' Comyn, \Yilliam, Archbishop of York, i. 217 Coniyn, William, the Scottish Chan- cellor, and Earl of Buchan, i. 211, 421, 422, 427, 430; his proceedings at Durham, 216, st-t/.; elected by the Culdees to the bishopric of St. Andrews, 343 Comyns, the, i. 342; ii. 35, Jcv/., 50, 55, 74, 76, 192 Conal, king of Dalriada, i. 5 Conal (Mac Teige), i. 19 Conan, Duke of Bretagne, i. 225 Concilium rci^s, the, ii. 148, 149 Confederacies, early, of .Scotland, i. 236 Connaught, i. 29; meaning of the name, »• 357 Connor ; sec Cunechat Constable, feudal office of, i. 1S6, 306; duties of, 315 Constance, grand-daughter of Prince Henr)', i. 225 Constantine I. of .Scotland, events of his reign, i. 41-4S, 126; division of his "Clan" into two hostile fac- tions, 92 Constantine II., reign of, 53-69; his abdication, 67 ; becomes AI)bot of St. Andrews, 67 ; temporary resump- tion of the sceptre, and death subse- quently at .St. Andrews, 73 Constantine III., son of Colin, reign of, i. 91, 126 Constantine, Earl of Fife, i. 279, 318 Constantine, leader of the men of Strath Clyde, i. 54 Constantine (Mac Fergus), king of the Picts, i. 19, 20, 39, 87, 126, 334 Conviva Regis, ii. 214, 262, 291 ; ap- parent meaning of, 297 Conway, battle of the, i. 55 Copyhold tenure, ii. 269 Coquet, the river, i. 369 Corbridge-on-Tyne, battle of, i. 58, 59, 71 Coronation, first, recorded in Scotland, ii. I Cosherie, ii. 207 Cospatric of Dunbar, i. 129, 214; becomes Earl of Northumberland, 132, 184; his attack on Scottish possessions in Cumberland, 133 ; his flight, 137, 138 Cotsetlas, the class, ii. 159, 270 Cottagers, or free labourers, class of, ii. 158-162 Council, ecclesiastical, earliest recorded, i- 53 Council, the great, of the nation, ii. 148, 149, 151 Councils at London, i. 18S, 212, 3S6; ii. 108 Count, office of, i. 253 Counties, subdivisions of, ii. 339 Country bishops, i. 325 Court, a, established in Scotland, i. loS, 109; pomp and ceremonial in- troduced at, by Queen Margaret, 149, 150; reforms introduceil by Alexander I., and followed up by David, 311, 312 Court oi Pih-poudrics, i. 304; ii. 374 Courts of Justice {see Justice), the royal, ii. 130-134; that of the regality, 134, 135 ; court barons, 135 Cousins, marri.ages between, ii. 331 Cotti'iv-feii, Norman regulation of the, i. 260, 302 Cowal, principality of, i. 5, 255 ; ii. 16, 18 Cowarbs, hereditary abbots, i. 41, 185, 241, 330, 341 ; cowarb lands, ii. 469 Cows, mulcts of, for various offences, i. 258, 265, 437 ; ii. 47, 306 ; legal value of, 47, 158,351. &£? Wergilds Cowyll, the Welsh, ii. 325 Craven, harried by the army of David I., i. 199, 222 Creagh, prevalence of the, i. 22, 259 Criminal procedure, see Justice Crinan (llundi?), a Scottish noble, i. 85 Crinan, abbot of Dunkeld, i. iii, 122, Cripples Gate in ancient burghs, i. 306 Cro, meaning of, ii. 286. See Wergild Cross, swearing upon the archbishop's, i. 417, 418 Crown-pleas, jurisdiction in the, i. 283, 438; ii. 128, 133 Cruitlme and his seven sons, i. 32 Cruithne (Irish Picts), i. 21 ; ii. 361, 369 Crusade, the third, i. 387, 394, 396 Cu, prince of .Strath Clyde, i. 41, 50 Cuairt, privilege of (visitation, " royal progress"), i. 88, 89, 238; ii. 462. See Can Culdee monasteries at Mortlach and Monymusk, i. 99, loo; society of Lochleven, 121, 340; Irish and Scottish, 333 ; Culdee societies sup- pressed by David, 337 ; their con- dition after his reign, 340, secj.; con- test at St. Andrews, 342-344 Cumbraes, the, ii. 89 Cumbria, English and Scottish, i. 18 ; confounded with Cumberland, 70, 71 ; long-continued anarchy in Eng- lish Cumbria, 72. See Cymri, Strath Clyde INDEX. 533 Cumberland, i. 70 [see Cumbria) ; events in, 71, 72, 76, 79, 131, 133 Cunechat (Connor), the last of the male line of Angus, i. 87 Cunningham, district of, i. 18 Carrie, Sir Piers, ii. 93 Citrsus Apri, grant of the, to St. An- drews, i. 155, 185, 249 Curtois, Robert, i. 189 Cutton Moor, near Northallerton, scene of the battle of the Standard, i. 204- 207 Cymri, the, i. 16, 102 ; encroachments on, by Egfrid, 17; meaning of the name of, ii. 221, 238 Cymru ; see Cumbria Cyn, the, ii. 312, seq. See Kin Cynedda Gwladig, i. 8 ; ii. 230 Cynghellwr, Welsh office of, i. 29, 31, 103, 254, 313 ; ii. 304 Cyning (Konung), the princeps, or Cen- cinneth in ancient Germany, i. 27 ; ii. 204, 252, 312, 464 Cyric (Ciric, Grig, Girg, Gregory the Great), contest for sujjremacy with Aodh, i. 49 ; his reign, and posthu- mous fame, 50, 51, 87, 108, 334 Czeks, same as Jazyges, ii. 237 Dalaraide, district and family of, in north of Ireland, i. 14, 29 ; ii. 363- 365 Dalfiatach, family of, in north of Ire- land, i. 29 Dalriada, kingdom of, i. 5 ; subjugation of, 15 ; ii. 12 ; kings of, ii. 186, 190, 191 Dalriada, Irish, ii. 227 ; a questionable principality, 365 Dalriads (Scots), arrival of the, i. 5, 10 ; sketch of their history till their subjugation by Angus, A.D. 736, 13- 15 ; restoration of the line of Kin- tyre, 19 Damages, the award of, i. 282 Damnonii, the, ii. 231, 355, seq. Danegeld, the land-tax so called, ii. 459, 460, 513 Danelage, the, i. 157, 224, 233, 257, 267, 310; boundary of, ii. 273; classes in, 324 ; greater amount of freedom in, 269-274 Danes, ravages of, i. 40 ; the, of North- umbria, 57, seq. See Guthrum David de Bernham, bishop of St. An- drews, ii. 55, 69 David de Graham, il 66 David de Hastings, IL 193 David de Lochore, a regent, ii. 66 David, Earl of Huntingdon, son of Prince Henry, i. 225, 364, 366, 371, 375> 386, 391, 395-397, 414, 4^7; death of, ii. 9 ; his family, 9, 10 David, Earl ; see David I. DaVid Haraldson, of Orkney, i. 432 David I., i. 87, 151, 170, 184, 187; an English baron, 188 ; rebellion in Moray, 189- 191 ; enters P^ngland with an army in support of the claims of his niece, Alicia, 192 ; his arrange- ment with Steijhen, 193 ; rupture with England, 194-212 ; his hetero- geneous army, 196, 208 ; battle of Clitheroe, 199 ; battle of the Stan- dard, 205 ; arrangements for peace, 213 ; another rupture with Stephen imminent, 218, 219 ; disturbance caused by Wimund the impostor, 219-221 ; his death, 227 ; his cha- racter and conciliatory policy, 228- 231 ; his monastic foundations, 231 ; aggrandizement of his kingdom on its southern frontier, 232-234 ; sys- tem of government introduced by, 235, seq. ; leading features of his civil policy, 235-320, passim; his policy developed under William, 436, seq. Davoch, or "pasturage," ii. 271, 379 De, names with, territorial, and not ne- cessarily implying foreign descent, i. 292 ; ii. 490-492 De Atholia, family of, ii. 193 De Bar, Count, i. 372 De Clare, i. 372 De Ergadia, Lords of the Oirir-Gael, i. 241 ; ii. 22, 193-196 De Insulis, Lords of the Oirir-Gael, ii. 22, 193-196 De Lacy, ii. 99 De More\ille, family of, i. 184, 317; Hugh, 214; Richard, 367, 387; W'illiam, 392 De Mowbray, Robert, i. 146, 159, 187, 200, 366, 372 De Ros, Lord, i. 417 De Vesci ; see Eustace de Vesci "Debateable land," the, i. 8; ii. 372, 380 Deempster, office of, i. 27, 29, 103, 237, 280, 282 Dee, the river, i. 87 Deerham, in Cumberland, Kenneth II. at, i. 79 Degrees, forbidden, ii. 330-332 Degrees of kindred, i. 242 ; ii. 309-340 Deheubarth, the country from the Humber to the Tyne, so called by the Britons, i. 4 534 INDEX. Deir, the book of, ii. 499-501 Deira, kingdom of, i. 4, 71, 128 ; ii. 391 Denarius, the, ii. 344, scq. Dependence, ancient tests of, i. 13 Deimot Mac Mahiembo, of Leinster, i. 162, 163 Dervorguil, grand-daughter of David Earl of Iluntingdon, and wife of John Balhol, ii. 9, 25, 33 Derwent, the, i. 58, 71 " Desert, the," a tract of hill and moor so called, i. 4, 5, 16 Deur ; see Deira Dicaledones, a division of the Picts, i. 2, 30 1 )iceto, interpolated, ii. 427,428 Dignitaries of the Scottish P'eudal Court, i. 317, 318 Dingwall, i. 236 ; lands of, 401 ; ii. 4 J )iomain (man without i)roperty), ii. 261 Displacement, theory of, ii. 484-501 Disseisin, punishment i)f, i. 270, 283, 284 ; ii. 49, 177, 498, 522 Dislyn, the Welsh office of, i. 312; ii. 304 Divination and possession of land, connection between, among the Gael and Scandinavians, i. 34 D61, see of, in Brittany, i. 4 Dolfin, son of Cospatric, i. 129 ; driven from Cumberland by Rufus, 143 Dollar, battle of, i. 47 Domesday Survey of England, i. 129, 224, 285, 2S6; ii. 516 Donachie, the clan, ii. 193 Donald II., originally associated with Cyric in the supreme authority, i. 51 ; afterwards reigned alone, 52 Donald III. (Uanc), reigii of, i. 154, 171 ; expedition of iiis nephew Dun- can against him, 157 ; his second reign and subsequent deposition, 158, 159 ; his jrosthumous fame, 159, 160 Donald Mac Alpin, reign of, i. 41, 108 Donald Mac lleth, i. 357 Donald Mac Malcolm, i. 350 Donald Mac Neil, ii. 14 Donald Mac Teige (U'lirien), appointed regent of Man, i. 346, 347 Donald Mac William (Donald Bane), see Mac William Donald, the clan, ii. 194 Donation of Constantine, i. 176, 377 Doncaster bestowed on Prince Henry, i. 193 ; illness of Malcolm IV. at, 358 Doncorcin of Dalriada, i. 19 Dooms, secular and ecclesiastical, i. 53 Dornoch Firth, i. 1 16 Douglas, Bryce, bishop of Moray, i. 335 Dovraeth, ii. 207 Di)wry, the lest of marriage, ii. 325, 326 Dragon of Wessex, the royal standard, i. 196, 206 Dreux, Count de, ii. 117 Drontheim, archbishop of, i. 348 Drost, king of the Picts, i. 20; ii. 1S5 Dniids, i. 273 ; Pictish, 7 ; Gallic, 28, - 30; ii. 204, 218; J-".duan, i. 30 ; in- auguration of kings by, 28, 35, 36 ; the name, ii. 247 Dramalban, the moxmtain range, part of which constituted the eastern boun- dary of Dalriada, i. 5, 7, 13 ; ii. 377 Drumlay, sandbanks of, i. 90 Duan of Alban, i. 20 ; ii. 372 Dublin, norlhmen of; see Fingal, Irish Northmen, Man, etc. ; capture of, by the English, i. 349 Duchas tenure, i. loi, seq., zyi ; ii. 262. See Allodial tenure Duchasach ; see Duine-Uasal Dufagan, earl of Fife, i. 184 Duff (Dufagan), a witness of the Char- ter of Scone, i. 124 Duff, son of Malcolm I., reign of, i. 77 ; line of, 1 10 Dugal Mac Roderic (de Insulis), a leading magnate of the Isles, ii. 85, 90, 95 Dugal, the clan, ii. 193. See De Er- gadia Dugall ( Black Strangers), i. 42 ; ii. 430. See Fingall Duine-Uasal or Duchasach, the free proprietary, i. 102, 208, 237, 245, 248, 250, 361 ; ii. 262 Duke, office of, i. 253 Dumbarton (Alclyde), surrender of, to the Northumbrians and Picts, i. 18; besieged and taken by Norsemen, 43 ; burgh of, 309 Dunbar, Earls of, i. 184, 399 ; ii. 27, 55, 66 ; town of, 5 Dunblane, burnt by the Britons in Kenneth I.'s reign, i. 40 ; see of, 335> 336, 355. 441 ; ii- 51 ; Iji^hop of, ii. 44, 65, 76 Duncan, earl of Fife, i. 266, 367, 409 Duncan I., grandson of Malcolm II., i. 97; reign of, IIO-116; contest with Thorfin, and subsequent assassi- nation by Macbeth, 115, 116 ; family of, 122 Duncan II., son of Malcolm III., i. 141, 154; his reign, 157, 158; char- ters ascribed to, 285 INDEX. 535 Duncan, Momiaor of Caithness, i. 82, 83 Duncan of Argyle, ii. 43, 44 Duncan of Galloway (gi-andson of Fer- gus), i. 358, 381, 387, 390; becomes first Earl of Carrick, 390 Duncansby Head, i. 85, 115 Duncrul), battle of, i. 77 Dundurn (Dunadeer, Domedeore), i. 49, 5i> 125 Dunfermlyn, first charter of, i. 190, 255, 286; William at, 416 Dun-Fothir (Forteviot, Dunfoeder), ca- pital of Fortreim, i. 39, 41, 49, 62, 125 ; ii. 132 Dungal of Stranith, ancestor of the Randolph family, i. 358 Dungall's Bay (Ncep), battle of, i. 85 Dungal of Loni, i. 15 Dunkeld, foundation of, i. 21, 22, 39, 334 ; superseded by St. Andrews, 22, 5°) 334 ; destruction of, by the Danes, 40, 41 ; restored by Ken- neth I., 41 ; see of, 335, 441 ; ii. 12, 500 ; division of the diocese, ii. 17 ; bishops of, 66 ; dean of, 69 Dunmore ; Jtvjohn (Sir) de Dundemor Duns (earthworks or hills), ancient, i. 7, 12, no. Dunscath, castle of, i. 385 Dunsinnan, i. 87, 124 Durham, besieged by Malcolm II., i. 92; by Duncan I., 114, 123; con- ference at, between William and John, 429 ; monastery of, 170, 179 ; bishopric of, 215, seq.; bishop of, 364, 365, 372, 389, 394, 396, 415, 417 ; ii. 30 {sec Aylwin, Ealdun, Elfsi, Geoffrey Walcher) Durrow, abbot of, L 6. See Columba Durward, i. 342 ; see Alan Dusty-foot, the, of Fair-time, i. 304, 305 ; ii. 474 Dutigern, i. 3 Dux ; see Toshach Dyke-pot, ordeal of the, i. 269 Dyrness (Turness, in Hoy), i. I15 Dyved (South Wales), i. 29 Eachmarcach, king of Dublin, i. 162 Eadbert, king of Northumbria, i. 16, 18 Eadmer, bishop of St. Andrews, i. 179- 181, 186 Ealdorman, office of, i. 93, 102, 105, 253, 294 ; ii. 134 Eadulf, i. 69 Eadulf Cudel, i. 95, 96; ii. 391, 392 Ealdun, bishop of Durham, i. 93, 96, 135 Eanfred, a Northumbrian prince, i, 11, 20 Earaic ; see Eric Eardulf, a Bernician prince, i. 71 Eardulf, a Cumbrian bishop, i. 58, 71 Eardulf, bishop of Carlisle, i. 211 Earl, barons who enjoyed " the rights and customs" of an, i. 439 ; ii. 495 Earl, office of, i. 253-255 Easter, disputes as to the time of its celelDration, i. 9 ; question about, in the British churches, 331 Eastern Empires, system of caste in, ii. 199, seq. Ecclesiastical affairs ; disputes in the 7th century, i. 9 ; Queen Margaret's views on, 148, 149 ; first collision between ecclesiastical and secular powers in Scotland, 1 74- 182. See Christianity, Church, Columba Echevins, i. 256, 311 Eclipses, solar, referred to, i. 51 ; ii. 85 Eddirton, castle of, i. 385 Edgar, king of England, i. 91 ; laws of, 93 ; li. 386 Edgar, son of Malcolm Ceanmore, i. 151 ; reign of, 160-170 Edgar the Atheling, takes refuge in Scotland from William the Conquer- or, i. 129-131, 133; his escape to Flanders, and subsequent return, 136, 138 ; his submission to W^illiam, 138 ; expelled from his lands in Nor mandy, and again seeks refuge in Scotland, 141 ; his subsequent move- ments, 142, 145, 159; ii. 516 Edinburgh, acquisition of, by Indulf, i. 76, 1 26 ; burgh of, 298 ; castle of, 373, 394, 425; ii. 28, 62; national assemblies at, i. 439 Editha (Matilda, the "good Queen Maud"), daughter of Malcolm III., i. 151-153 Edmund, king of England, i. 63, 70 Edmund of East Anglia, i. 43 Edmund, Prince, son of Henry III. of England, ii. no, seq. Edmund, son of Malcolm HI., i. 151, 158, 159 Edred, king of England, i. 72 P^dred, Saxon abbot of Carlisle, i. 71 Edred of Northumbria, i. 58, 71 Edward I., ii. 5, in Edward, bishop of Aberdeen, i. 335 Edward, son of Alfred the Great, i. 68 Edward, son of Malcolm III., i. 151 Edward the Confessor, i. 122 536 INDEX. Edward the Constable, i. 184, 189, 317 Edwin of Northumbiia, i. 16, 127 Edwin, earl of Mercia, i. 128; rebel- lion of, 135 Edwin's Burgh, in Lothian, i. 16 ; ii. 230 Edwin's Cliff, i. 16 Egbert, bishop of York, i. 332 Egfreda, daughter of Bishop Ealdun, i- 135 Egfrid, a king of Northumbria, i. II ; his expedition across the Forth, and subsequent overthrow of his forces, 12, 13, 71 Egillsey, islet of, residence of the bishop of Orkney, i. 401, 404 Eg}'pt, warrior-caste in, ii. 199, 200 ; the Nomes of, 200; the Pi-Romiof, what, 202 ; law of marriage in, 329 " Eighteen hundreds," meaning of, ii. 283, 351. 439.440, 462 Eildon, i. 16 Einar, son of Rognwald, his expedition to the Orkneys, i. 80, scq. ; sons of, 82, 94 Einar, son of Sigurd Lodverson, L 1 12, , "3 . Eiscir-Riada, meaning of, ii. 227 Ekkial ; see Oikel Election, theory of, in Gaelic institu- tions, i. 34 Eifsi, bishop of Durham, ii. 390 Elgin, cathedral of, L 116; castle of, 289 Elizabeth, natural daughter of Heni-y I-, i- 357 EUi of Northumbria, i. 42, 43 Emmesey, priory of, i. 223 Emphyteusis, ii. 269, 319, 454 England, revenue of, ii. 145 English Church, i. 321, 324, 327, 332, 373. 377, •<■'¥• English claims on Scotland, ii. 384-429 English fiefs of the Scottish Crown, i. 193, 213, 223, 352, 362, 397-400, 415; ii. 5 6iv Northern Counties Eocha, of Strath Clyde, associated in the government of Scotland with Cyric, i. 50, 51, 54 Eocha, son of Indulf, i. 77 Eogan of Strath Clyde, i. 64, 65, 98 Eogan, thane of Rolhenec, i. 289 Eogan " the bald," the last recorded king of Strath Clyde, i. 98, 99 Eoganan, nephew of Constantine, i. 20, 23 Eorl, office of, i. 93, 102 Eorlcundman, the, i. 80 Episcopal revenues, ii. 59, 138 ; went to the royal treasuiy during a va- cancy, 129 Equites, the, of Gaid, ii. 204, 218 Eric, Enraic (man-payment), i. 330 ; ii. 286, 307. See Wergild Eric, first king of Sweden, i. 42 Eric Magnusson, king of Norway, son- in-law of Alexander III., ii. 114 Eric of the Bloody Axe, son of Harald Harfager, becomes an ally of Athel- stan, i. 65 ; his attack on the He- brides, 66, 161 ; re-established in Danish Northumbria, and subse- quently slain by Magnus Ilaraldson, 74, 82 ; sons of, 82 ; his daughter Kagnhilda, 83 Erlend Ilaraldson, i. 402, 406 Erlend, joint earl of Orkney with Paul, i. 165, 400 Erlend Thorfinson, i. 402 ; ii. 23 Erling, regent of Norway, i. 432 Ermengarde, marriage of, to William the Lion, i, 388, 391, 433, 435 ; ii. i ; dowry of, i. 374 Erse or Irish, Normans, and Scots, dif- ferent acceptations of, i. 428 Espec, Walter, i. 190, 195, 201, 212 Estates, the two, of the realm — the clergy, and the baronage and free- holders, i. 292; ii. 137-143. See Burgesses, Third Estate Esterling, the ; see Sterling " Estimation," in the Levitical code, ii. 286 Ethelbald the Proud, i. 16 Ethelfleda, daughter of Alfred the Great, i. 57, 68 Ethelfrith, King of Northumbria, and his sons, i. 11, 14, 16 Ethelred, abbot of Dunkeld, earl of Fife, and son of Malcolm Ceanmore, i. 124, 151, 156 Ethelred, king of England, i. 93, 127, 276 Ethiopia, "caste" in, ii. 199 Etrurians, the, ii. 201, 202 Eusebius, bishop of Vercelli, i. 324 Eustace, Count of Boulogne, i. 153 Eustace de Vesci, married to Margaret, an illegitimate daughter of William the Lion, i. 399, 417, 430 ; his Ihght to Scotland, 43 1 ; sent to Rome as a deputy by the barons, ii. 2 ; shot at Bernard Castle, 6 ; influence of, 417 Eustace Fitz-John, i. 196, 199, 202, 205 Ewen, Lord of Argyle, ii. 14, 16, 44, SI, 86, 95, 103 Ewen, thane of Rothenec, ii. 156 Export trade forbidden by Alexander III., ii. 124 Eyre, courts of, i. 317 INDEX. 537 Eystein, king of Norway, his descent on the English and Scottish coasts, i. 406 F^R-BENA, meaning of, ii. 264, 324 Fairs in burghs, regulations as to, i. 304 Falaise, William a prisoner at, i. 372 ; treaty of, 373, 380; ii. 30, 409; cap- ture of, i. 419 Farm, Farmer, origin of the words, i. 37, 104 ; ii. 164 Fealty, mode of swearing, i. 417, 418 P>e-farms, i. 106; ii. 259, 462 Feet, washing the, on entering a house, what it implied, i. 305 ; ii. 474 Felon, property of the, not confiscated, i. 436 Felton, ii. 4 Feorm, i. 37, 104; living at, 239, 314; ii. 159, 207, 473 Feorthling, a division of the denarius, ii. 345, scq. Ferdmgi, the, ii. 270 Fergus, Earl, i. 214 Fergus Mor MacEarca, a chieftain of the Irish Gael, i. 5 Fergus, the Pictish, his family, i. 20; termination of male line of his descen- dants, 22 Fergus of Galloway, i. 356 Ferncrosky, lands of, i. 401 Ferquhard, earl of Strathearn, i. 355 Ferquhard Mac-in-Sagart, first earl of Ross, i. 241, 339; ii. 23, 100 ; ob- tains knighthood for repressing a re- bellion in the north, ii. 3, 4 Ferrers, Robert, i. 200, 372 ; earldom of Derbyshire conferred on, 207 Ferthyngman, the, i. 298 Festingmen, ii. 475 Fettercairn, assassination of Kenneth II. at, i. 88, 89 Feud, the, i. 285 ; defined, ii. 256, 454 ; long unknown to the Northmen, 302, 303, 461, 517, seq. Feudal supremacy of England over Scotland, errors regarding, i. 69, 72, 91, 100, 145, 381 (see also ii. 384- 429); subjection of Scotland under William, 373-396 ; Alexander III.'s answer to the bishop of Norwich, ii. Ii3> 424 Feudal system, theoiy of, i. loi ; policy of Alexander I. as to, 172, 183, 185, 236 ; progress towards thorough feu- dalization under William, 436; in the 13th century, ii. 127, Jty. Fidach, son of Cruithne, i. 32 Fief-de-Hauberc, 1. 287, 291 ; ii. 51, 262, 271, 510, 512, 517 Fiefs, Papal, i. 176 Fife, "kingdom of," i. 32, 39 ; earls of, 124, 184, 226, 427, 430 ; ii. 66 Fijo cfAlgo; see Hidalgo twines, as penalties, i, 267. See Wer- gilds Finella, daughter of Cunechat, i. 87, 126 ; her castle of Fettercairn, 88 Fingall, district of, i. 42, 162 Fingall (White Strangers), settlement of, in Ireland, i. 42, 348 ; contest with the Dugall for supremacy, i. 43. See Norsemen Finlay Mac R017, a Moray mormaor, his contest with Jarl Sigurd, i. 93 ; mentioned, no, 120 Fir-Bolg, the, ii. 18, 226 Finnarii, farmers who were tenants from year to year, i. 288; ii. 157 "Firth kingdom, the," i. 97 Fitz-Alan, i. 184 Fitz-Alan, Richard, earl of Arundel, i. 184 Fiv, son of Cruithne, i. 32 Flahald (Fleald), i. 184, 317; ii. 484 Flame-bearer, the, a title applied to Ida, i. 3 Flaming!, the, i. 196 Flaiths, Gaelic, i. 34; ii. 248 Flanders, Tosti a refugee at the court of, i. 128 ; Edgar's flight thither, 136 ; Count of, 366, 372 Flandrenses, the, of Scottish charters, i. 196 Flemings, numerous, among original burghers, i. 309 Flet, the, in old Scottish law, ii. 267 Floravagr, battle of, i. 432 Florence, Count of Holland, i. 225, 355 P^oclad, ii. 355, 362 Fodla, son of Cruithne, i. 32 Fogde ; see Advocatus P'olk, the, i. 241, 245 Folkland, the king's rEthel, i. 273, 285 ; ii. 211, 258, 263 Folk-mote, the, i. 276, 277 Foray to the Tees, under Constantine II-, i. 73 Fordun, John of, referred to, or quoted, i. 72, 87, 89, 117 ; ii. 120 Foreign shipping in Scotch ports, ii. 124 Foreign traders in burghs, regulations as to, i. 304, 305, 442 Forfar, burgh of, i. 443 Forfeiture, the full, in burgh, i. 302, 305, 306 ; crimes entailing, 436 Forres, burgh of, i. 443 538 INDEX. Forteviot (Dunfothir, the ancient Pic- tish capital), council at, i. 41, 108, 232; burnt by the Norsemen, 51, 62 Forth, Firth of ; see Scotswater Forth, incursions of the Norse on the region bordering on the, i. 43 Fortreim, provmce of, i. 39, 53, 62 Fortreim, son of Cruithne, i. 32 Fortrev (Fotheriff), deanery of, i. 32, 255' 279 Fossard, William, i. 200 Fosterage, custom of, and its results, among the Celts, i. 34, 35 Fothadh, bishop of St. Andrews, i. 53, 174 Fourthing-men (Ferdingi), ii. 270 Frakarka, aunt of Harald of Orkney, i. 402, 405 Fra7U-Almoig)ie, lands held in, ii. 1 28, 323 Franc-alleu-noble, i. 285 ; what, n. 255> 256, 452 Franc-alleu-roturier, ii. 255, 452 Franks, wergilds among the, i. 271 ; ii. 275 Frank-allodial proprietors under the emperor Charlemagne, i. 208, 273 Frasers, the, i. 443 ; ii. 83 Frederic II., of Germany, ii. 61 Frederic, abbot of St. Albans, ii. 509, Free tenantry, the, 11. 155, secj. Freehold right, the test of, i. 287 ; how a fixed title was acquired, 288, 2S9 Freehold tenure of land (see Allodial), i. 284, seq. Freeholders, different classes of, i. 290, 291 ; laws regidating, 285-292 ; ii. 50; the sole "la\\7ers," ii. 134 ; the free proprietaiy the only "people" or community of the realm, 137, seq. Free-quarters ; see Feorm, Refection Friesland, wergilds of, i. 268; ii. 276, 294 Frigivenman, the (Libertus), ii. 302, 322 Frisians, invasion of, i. 3 Frith-borh, the, ii. 334-340 Funeral rites, land left for the perform- ance of, ii. 323 Fumess, abbey of, i. 219, 221, 347, 352 Fyrdwite, 11. 272, 337, 517 Gael, dresses of the, i. 1 50 Gaelic Church, constitution of, i. 325 ; monachism in, 324, secj.; introduction of diverse modes of celebrating the service, 330 Gafol-land, i, 237 ; ii. 165, 166. See Gavel tenure Gafol-sweyn (common herdsman), ii. 159, 272 Gailin, meaning of, ii. 226, 355 Gall, Du (Black Strangers), i. 42 ; ii. 430 Gall, Fin (White Strangers), i. 42. See Fingall Gallgael, the, of the Western Islands, i. 44, 56, 160, 350, 359 ;ii. A, 371 Galloway, lord of, i. 355 {see Alan, Galloway, Roland) ; bishop of, ii. 27 Galloway, incursions of the Angles into, i. 18 ; po])ulation and language of, 21 ; a dependency of the Scottish kingdom, 235 ; timber procured from, by Magnus, for wooden forts, 166 ; mutiny among Galwegians in an invasion of England by David I. , 198, 234, 356 ; code of laws, 283 ; submission of, to Malcolm IV., 356, 357 ; disturliance of, after William's capture, 379-382 ; Gilbert's invasion of the Lotliians, 385 ; conclusion of the disturbances under Roland, an adherent of William, 387-390, 394 ; administration of justice in, 436, 437 ; burghs of, 442 ; disturbances on the death of Alan Fitz Roland, ii. 25-29 Galloway, Picts of, ii. 382 Galwalenses (Galweienses), the popula- tion of Galloway, i, 21, 290 Gamelin, bishop-elect of St. Andrews, and chancellor of Scotland, deprived of the chancellorship, ii. 66, 505 ; his appeal to Rome on the bishopric, 69 ; Henry's orders to arrest, 70 ; the Pope's response to his appeal, 72 ; his excommunication of Sir John de Dunmore and his advisers, 107 Gangr Rolf, founder of the Norman dynasty, i. 80 ; ii. 302, 303 Garioch, the, i. 76 ; earldom of, ii. 9 Gannoran, earldom of, i. 75 Gartnach, Earl, i. 184 Gasinds, Gesiths (followers),' i. 27, lOl ; ii. 211, 212, 216, 217, 278, 327 Gastaldus, the deputy or Staller in Lom- bardy, ii. 278 Gaul, system of government in, before its subjugation by Rome, i. 24-26, 273, seq.; ii. 204, seq.; Celtic an- cestry of the people of, ii. 220 Gauran, the clan, ii. 12 Gavel tenure, i. 237-243, 300, 438 ; ii. 262 Gavel-kind, origin of the word, ii. 266 Gebur, tenant of a Virgate, or quarter- holding, ii. 159, 161, 270 INDEX. 5 39 Gegildas, who, ii. 338 Gellatly, Henry, illegitimate son of William the Lion, i. 433 Gemeinred, 1.251; ii. 458. ^V'^" Yeo- manry. Gemote, the Anglo-Saxon, i. 253 Genealogies, kings of the Picts, i. 20; ii. 185; kings of Dalriada, ii. 186, 190 ; Jarls of the Orkneys, 187; the Hy Ivar, 188; kings of Man, 1S8; lords of the Oirir-Gael, 189, 193 Geneat, i. 104; ii. 166; meaning of, u. 204 "General Band," ii. 463 Genseric, ii. 210, 211 " Gentilis homo," the gentleman, ii. 316 Geoffrey of Anjou, i. 195 Geoffrey, bishop of Durham, i. 216 Geoffrey, son of Henry H., i. 226, 396 Geoffry Fitz Peter, justiciaiy of Eng- land, i. 414 Geoffry de Marisco, ii. 38, 41, 417, 420 Geoffry de Langley, ii. 61 Gerefa ; see Graf Germans ; ancient system of govern- ment amongst the, i. 27, 272, 273, 315 ; ii. 203 ; classes amongst, as described by Tacitus, ii. 206, seq. ; Caesar's account of, 207, 208 ; their threefold division of land after a con- quest, 210 {see Thirds) Germanus, bishop of Auxerre, i. 322, 331 tiermanus, meaning attached to, by Strabo, ii. 197, 247; probable mean- ing of, 366, 367 Gesithcund right, how acquired, ii. 270, 271, 281, 320, 455 Gesithcundman (Anglo-Saxon noble), i. 35 ; ii. 136, 165, 252, seq. ; replaced byThegn, 282, 298, 319, 320, 455. See Gasinds Gesith-socn, ii. 336, 457 Getyma, the warranter of a purchase, i. 261 Gewissi (West Saxons), ii. 214, 229 Giffard, Hugh, ii. 66 Giffard, William, ii. 42 (jigha, isle of, ii. 86 Gilbert de Hay, ii. 66, 76 Gilbert, earl of Strathearn, i. 336, 422 Gilbert the Mareschal, Earl of Pem- broke, i. 435 ; ii- 26, 30, 31, 419 Gilbert of Galloway, i. 358, 371, 380, seq. See Galloway Gilcomgain, i. iio, I20, 124 Gildas, i. 5, 17 Ciilleanrias Ergemauche, i. 355 Gillebert, Bishop, i. 331 Gillecolum, son of Somarled, i. 359 Gillecolum (Gillecolm Mariscail?) of Galloway, i. 387, 388 Gillepatrick of Galloway, i. 387 Gillescop, the last of the race of Mac William, revolt under, ii. 20 Gillescop Mahohegan, ii. 20 Gillie, the Scottish, ii. 378 Gillie-wetfoot, the, i. 305 Gilroy, a leader of revolt in Galloway, ii. 26-28 Giraldus Cambrensis, i. 34, 36, 208, 433> 434 ; ii. i, 385, 428 Glasgow, the bui-gh of, i. 309, 442 ; bishopric of, 181, 182, 211, 440; bishops of, 421; ii. 65, 76; cathedral of, ii. 170 Glaswir (blue men), the Welsh clergy so called, ii. 225 Glendochart, abbacy of, i. 236 ; ii. 16 Gloucester, Earls of, i. 189, 192, 200, 214, 372 ; ii. 63, 67 Godfrey Crovan, king of Man, i. 163 ; his conquest of Man, and capture of Dublin, 164, 349 ; his death in Isla, 165 Godfrey Mac Fergus, i. 56 Godfrey, son of Ivar, i. 56, seq. Godfrey Olaveson, of Man, i. 348, 349 ; ii- 98 Godfrey Mac William, insurrection of, i. 425-427, 429. 430 Godfrey Don, ii. 100, 103 Godred Haraldson, of Man, i. 85 Godric, a heutenant of Athelstan, i. 64 Godsib (Gossipred), parties related as, to each other, i. 146 Godwin, Earl, i. 122 Gold and silver plate at the Scottish court, i- 150 Gorm, first king of Denmark, i. 42 Gor-Ulad, meaning of, ii. 366 Goths, wergilds of the, ii. 279 Gourlay, Hugh and William, regents, ii. 66 Government, Celtic system of, see Cel- tic ; policy of Malcolm H., 100-109, 236, 237 Gowrie, deanery of, i. 87 ; earldom of, 236, 254 " Grace of God," holding by the, im- port of the phrase, ii. 128 Graf, Gerefa, or Maor, office of, i. 27, lOl, 105, 253, 29S ; ii. 212, seq. Gragraba, a Norse Jarl, i. 57 Grampians, the, i. 52. 6t't.'Bi-yn-Albyn, Di-umalban, Mounth Grange, the, attached to monasteries, ii. 164 540 INDEX. Grants, roynl, custom of confirming by charter, i. iS6 ; preser^•ation of, in writing, as mcmcyanJii, 249 Graphio (Comes\ the Prankish, i. 102, 252, 274, 315; ii. 134, 290 GraveHnes, i. 370, 372 Gray, Archbishop Walter, ii. 58 Gregory I. (the Great), i. 149, 178 ; ii. 331 Gregor)' II., Pope, i. 149 ; ii. 332 Gregory III., Pope, ii. 332 Gregory VII., Pope ; sec Hildebrand Gregory IX., Pope, ii. 30 Gregory, bishop of Moray, i. 334 Grim or Gnvme (Kenneth III.), i. 92 Groat, the (the okl Enghsh scillitig oi four pence), ii. 34S Gnioch, daughter of Boedhe, i. 1 10, 121 Gryth, sanctity of the, i. 25S, 436 ; ii. 47, 439 Gualo, Cardinal, ii. 8 Guild, freedom of the, i. 301 Gulad (Gwlad, Gwladig, Guladach), i. 8, 34; meaning of, ii. 230, 247, 355, 366 Gulathing (law of Guley), ii. 283, 301 G.undobald, laws of, i. 274, 293 Gunhilda (wife of Eric BkxUv.xe) and her sons, their arrival in the Orkneys, i. 82 Gunhilda, wife of Kali, and mother of Kngiiwald the Saint, i. 402 Gutalag (law of Gotliland), ii. 283, 301 Guthred, son of Ilardicanute, i. 52; legend about, ii. 439 Guthnim, i. 64; ii. 165, 223, 395, 431 Guttorm, son of Sigiird, i. 47, So Guy (Count) de Dampierre, ii. 115 Gwrdha, Welsh proprietor, i. 256, 283 ; ii. 259 Gwrth Bryneich, the fortress of Bam- borough, i. 3. GwTddel Ffichti, the, ii. 361, 374, 376 Gwynnedd (North Wales), i. 29 ; ii. 336 H, THE LETTER, "the Shibboleth of the north," ii. 238, 239 Haberdasher, the (man with a havre- sac), i. 304 ; ii. 474 Haco, king of Norway, expedition of, i. 90 ; ii. 85, scq. ; negotiations of the Alexanders regarding the Western Isles, li. 43, 44, 83 ; his challenge to Alexander III., 89 ; the battle of Largs, 91-94 ; his departure after the contest, 95 ; his death in Orkney, 96 Hacon, son of Paul, earl of Orkney, i. 400, Set/. Haddington, stormetl by John of Eng- land, ii. 5 Hadrian, Emperor, i. i Hatui-sfiord, battle of, i. 45 Hakon of Norway, i. 65, 82, 85 Halfdan, a Norse chieftain, i. 43, 46, 47, 57, 8i, 143 ; ii. 430 Haltling, the, a division of the dena- rius, ii. 345, su/. Ilalkelson, John, of Orkney, i. 432 Hallad, son of Rognwald, i. 80 Halsfang, meaning of, ii. 288, 313 Hamehald, the, i. 261, 262 "Handfast" marriages, ii. 98 Hangman, office of, i. 282; ii. 212 Hans, Ilant-geniahl, i. 298, 309 ; meaning of, ii. 318 Hanse, the, an association of four burghs, i. 297, 298 Hanseatic burghs of Germany, i. 298, 299 Harald I., king of Man, ii. lOI Harald Ericson, i. 410-412 Harald Hardrmle, expedition of, in conjunction with Tosli, against Eng- land, i. 129 Harald Godfreyson, of Man, i. 346 ; his sons, 348 Harald the Eloquent, joint earl of Ork- ney with Paul the Silent, i. 401, 402 Harald Mac Madach, earl of Orkney and of Caithness, i. 405, .i 391, 394, 409 Malcolm of Galloway, i. 380 Malcolm of Mar, i. 427 Malcolm I., his alliance with Edmund of England, i. 72 ; his death, 75 Malcolm II., reign of, i. 92-109, 312; invasion of Northumbria, and defeat, 92 ; second and successful attack, and its results, 95, 96 ; assassination of, 98 Malcolm III. (Ceanmore), i. 69, 125 ; early years of his reign, 127-131 ; his seizure of Cumberland, and invasion of Yorkshire, 131, 132, and Nor- thumberland, 133 ; his marriage with Margaret, sister of Edgar the Athel- "ig' 135 j kis victories in the north, 139 ; again crosses his southern fron- tiers, 140 ; another incursion on the south, 141 ; negotiations with Rufus, 143 ; ii. 401, 481 ; visit to the Eng- lish court, i. 144 ; views of English authorities on the treatment he re- ceived, 145 ; heads an army to avenge the insult, and meets his death on the Alne, 145, 146, 154; his character, 147, 148 ; account of his Queen, Alargarct, and their family, 148-153, 158, 159, 171 Malcolm IV., son of Prince Henry, i. 225 ; last attempt of the Moray family upon the Crown, 345, 350, 351; the cons]-)iracy of Perth, 354, 355 ; knighted at Tours, 354 ; conejuest of Galloway, 356-358 ; the defeat of Somarled, 359 ; his soubriquet of "the Maiden," 360; policy attri- buted to, 360, 361 Malebise, Hugo, i. 415 Malise, earl of Stratheam, i. 184, 202, 355 ; ii- 194 Mall, the, among the early Germans, i- 273 Malls, Gallic, i. 273, 284 ; ii. 203 Malmesbury referred to, i. 12, 60, 61, 142, 147, 153; inteqwlated, ii. 389, 390 Malpeter Mac Loen, i. 158 Malsnechtan, a Scottish noble, slain in a contest with .Sigurd Lodverson, i. 85 Malsnechtan, son of Lulach, i. 139, 155 Man, Isle of, i. 56, 160 ; Norse engage- ment near, 57 ; oirrighs or under- kings of, 66 ; nile of Magmis Harald- son, 74 ; original clans of the north, 164, 349 ; conquered by Godfrey Crovan, 163, 164; Lagman's rule, 166, 346 ; attacked by Magnus Olave- son, 166 ; battle between the north- ern and southern clans near Sand- wirth, 166, 349 ; dominion of Sigurd Magnusson, 168, 346 ; Lagman re- stored, 346 ; reign of Olave, 347, 348; contest between Godfrey Olave- INDEX. 547 son and Thorfin Ottiison, and its re- sults, 349, 350 ; partition of the islands, 350; reign of Godfrey II. (Olaveson), ii. 98 ; reign of Ronald I. (Godfrey- son), 99, scq. ; Olave II. (Godfrey- son), 98-101 ; reigns of Harald I., Godfrey, Ronald II., and Magnus, sons of Olave II., 102, 103 ; Magnus joins Haco's expedition, 85 ; submis- sion of Man to Alexander III. of Scotland, 103, 104 ; kings of, 188 Manan, Manau, i. 8 ; situation of, ii. 372 Manbote, what, ii. 288, 302 Mancipia, or stock, ii. 263 Manred, bonds of, i. 251 ; ii. 340, 458 Manrent ; see Manred Maiisio, i. 208 ; what, ii. 232 ; " man- sionem prwparare," 473 Mansuarius, definition of, ii. 232 Manwyrth, ii. 280, 288, 289. See Wer- gild Maor, oflice of the, i. 102, 105, 106, 253 Mar, earldom of, i. 75, 236 ; earls of, 342 ; ii. 60, 76 Marcellinus, i. 2 March, earl of, i. 184 Marche, Count de la, ii. 33 Mareschal, office of, i. 313, 315, 317 ; ii- 137 Margaret, countess of Atholl, i. 402, 404, 406 Margaret, daughter of Alexander III., ii. 83, 114; her marriage, 1 1 5, and death, 116 Margaret, daughter of Prince Henry, i. 225 Margaret, illegitimate daughter of Wil- liam, 1. 433 Margaret of Flanders, daughter-in-law of Alexander III., ii. 115 Margaret of Huntingdon, ii. 9, 25 Margaret, Princess, daughter of Henry HI. of England, married to Alexander HI. of Scotland, ii. 57, seq. ; practi- cal joke of, 1 14 ; her death, 1 14 Margaret, Princess, daughter of Wil- liam, i. 422, 435 Margaret, sister of Edgar, and wife of Malcolm Ceanmore, i. 135, 145, 148- 151, 416; her influence at her hus- band's court, 156, 433 ; her innova- tions in ecclesiastical matters, 148, 149, 185 Margaret, the maid of Norway, grand- daughter of Alexander HI., ii. 117 Marianus the historian, i. 116, 120, 134 Maritage, a source of the royal revenue, ii. 129 Marjory, countess of Carrick, ii. 108, 109 Marjory, Princess, daughter of William, i. 435 ;.ii- 24, 31 Mark (weight), meaning of, ii. 343, 350 Marlborough, i. 391 Marmaordom ; see Mormaordom Marriage, law of, ii. 324, seq. Mary, daughter of Malcolm III., i. 153 Mary de Couci, married to Alexander II., ii. 33 ; her dowry, 58; Henry's distnist of, 71, 76 Matilda, daughter of Prince Henry, i. 226 Matilda, daughter of Malcolm HI., and queen of England, i. 153 ; her daughter Matilda, 154. 6>f Maud Matilda de Cantilupe, ii. 60 Matilda, empress of Germany, daughter of Henry I. of England. See Alicia Matilda of .Saxony, i. 386, 388 Matilda, queen of David I., i. 187 Matilda, queen of .Stephen, i. 193, 213 Matthew, bishop of Aberdeen, i. 382 Matthew of Westminster, i. 353 Mauclerk, ii. 2 Maud, "the good Queen," i. 151-153 ; ii. 411. See Editha Maunsel, John, provost of Beverley, ii. 57, 63, 67, 70, 74 May, prior of, i. 415 " Mayster men," i. 355 Medume Leodgild, meaning of, ii. 280 Meliores Pagenses, "the gentry," i. 274, 276, 311 ; ii. 154, 270, 318 Melrose ; monastery of, i. 231 ; alibot of, 383 ; ii. 27, 72 ; Alexander II. buried at, ii. 52 ; Alexander III.'s conference with the English barons at, 75 Melville, joint-justiciary of Scotland, ii- 37, 50 Membra Lon'cie, ii. 262. See Fief-de- hauberc Memorandum, fabricated, of Alexander III.'s homage, ii. 425 Menteith, earldom of, i. 236, 255, 336 ; the earldom divided, ii. 79 ; earl of, 16, 21, 35, 53, 55, 64, 72-74, 76, 79 Merchet, exaction of, i. 107, 300 ; ii. 129 ; origin of, ii. 307, 328 Mercia, i. 16, 267, 318 Mercuiy-worship, ii. 249 Merlesweyne, an adherent of Edgar the Atheling, i. 133 Merns, deanery of the, i. 87, 236 Merovic, race of, i. 273 Merovingian sovereigns, i. 240 Meschines, William, i. 223 Mesne lords, i. 103 548 INDEX. " Messuage, the capital," i. 300 Metropolitans, English, Alexander's contest with, i. 174-182, 376 Metsunge-men, ii. 207 Miles, the early, i. 288; ii. 136,292, 494 Military and judicial functions, separa- tion of, in Celtic government, i. 24, scq., 38 ; ii. 204, seq. Sec Separation Military ser\'ice, i. 208, 244 ; ii. 263 Minores Barones, the, i. 276, 277 Miracles, credulity as to, i. 371, 372, 413 Mireforth (Firth of Forth ?), ii. 390 Misplacement of events in histoiy, i. 38, 39 Missus, the, fiscal judge among the Franks, i. 274 Mitford Castle, ii.- 5, 7 Moddan ; see Madach Mogh, ii. 378 Monachism, i. 324, seq. Monaghvaird, in Stralheam, i. 92 Monasteries, erection of, coincident with the subjugation of a province, i. 21, 88 ; hereditary offices in, 88 ; Gaelic, 324; lands conferred on, 328 Money, ancient, ii. 343, seq. Monks, British and Irish, i. 331 Montague, priory of, i. 159 Montealt, joint-justiciai-y of Scotland, »• 37, 50 Montrose, castle of, i. 290 Monymusk, the Culdees of, i. lOO, 342 Moot, the royal, i. 257 ; regulations about, 439 ; moots amongst the Gael, 277 ; ii- 135 Moot-Hill of Scone, i. 53, 106, 108, 278 Moravia, defined, i. 236 Moray Firth, i. 116, 173 Moray, province of, i. 52, 75, 443 ; the men of, 100, 172, 190, 360, 394; Malcolm IV. 's policy in, 359 ; re- volt under Mac William. 391 ; seized by Harald Mac Madach, 409 ; revolt under Godfrey Mac William, 425- 427, 429, 430 Moray, see of, 1. 334, 335, 440 ; family of, no, 1 18-124, I39' HO, 155, 345. 351 ; earl of, 184; for- feiture of the earldom, 191 Morel of Bambo rough, i. 146 Moreville, Baron, i. 184, 214, 317 ; ii. 141 Morgen-gifa, the, ii. 325 ; defined, 327 Morkar, chosen earl of Yorkshire and Northumberland, i. 128 ; his rebel- lion, in conjunction with Edwin, Earl of Mercia, and others, against the Conqueror, 135 Momiaordom, i. 278 ; ii. 469 Mormaors, northern, i. 75, 83, 87, 171-173, 184, 190, 318; office of, described, 104, 105, 237 ; ii. 467 Morpeth, ii. 5 Mortancestrie and Novel Disseisin, law about, i. 283, 284 ; ii. 522 Mortimer, Hugo, i. 351 Mortlach, foundation of, i. 99, 139 Mounth, the (Grampian range), i. 46, 117, 236; ii. 37, 123, 133 Mousa, fort of, in Shetland, i. 406 Muimeam (Munster), i. 29 ; meaning of, ii. 357.. Mund, the, ii. 311, seq. Mundborh ; see Patronage Municipal institutions, i. 235-320, 435- 444, passim Miinifex, the Roman, ii. 454 Munster ; see Muimeam Murchad, king of Leinster, i. 162 Murchard, a lord ofCantyre, ii. 87, 90 Murder, crime of, i. 268, 269 Murketagh, circuit of, i. 38 Murketagh O'Brien, i. 164, 168, 170, 346 Murray (Muireim, Armorica), i. 33 Musselburgh, i. 414 N.MRN, i. 410; burgh of, 443 Nant, not a Celtic word apparently, ii. 224 Native-Men, the, i. 208, 245, 251, 301 ; ii. 155,162,262,269. 6V(.' Villeinage Nectan, king of the Picts, i. 9, 334 Nectan's Mere, battle of, i. 12, 13, 15, 71 Neifs ; see Native-men " Neighbourhood, the," i. 266, 275 ; ii. 335. .Sii'^ Voisinage Nertha, identical with Niord and Her- tlia, and mythical ancestor of the Sviar and Suevi, ii. 249 Neustria, ii. 213 Newcastle,!. 140 ; fortress of, 192, 213; treaty of, between Henry III. and Alexander II., ii. 41, 42 Nial, the Hy ; see Hy Nial Niala Saga, i. 63 Nicolas Breakespear (Adrian IV.), i. 376 Nicolas de Soulis, ii. 65 Nicolson, Andrew, a leader in Haco's expedition, ii. 92, 93, 105 Niebuhr, his theory about the Celts, ii. 222 Niel (Nigel), earl of Carrick, grand- father of Robert Bruce, i. 240, 241 ; see also 390 ; ii. 109 Ninian, a British bishop, first mission- INDEX. 549 ary to the southern Picts in the 5tli century, i. 8, 324 ; his see of Whit- hern revived, 18 Niord ; see Nertlia Nith, deanery of, L 358 Nobility, Scottish, their place and power in the 1 2th and 13th centuries, i. 236, seq. ; commerce forbidden to, 441 Nomes of Egypt, ii. 200 Nordreys, the (Northern Hebrides), ii. 4, 100, 371. Sec Man Norfolk, earl of, i. 417, 435 Norham, fortress of, i. 192 ; besieged, then burned, by David I., 198, 199 ; conferences at, between William and Richard, 419, and John, 429 ; ii. 30 ; invested by Alexander II., ii. 4 Norman soldiery under William, i. 130 Normandy, duke of, i. 224, 345. See Henr)' Fitz Empress. Nonnans, Scots, and Erse or Irish, different acceptations of, i. 428 Normanville, Thomas de, ii. 66 Norsemen, settlement of, in Ireland, i. 42 {see Vikings) ; contest for supre- macy between the Dugalland Fingall, and their subsequent inroads upon the Scots, IJritons, and Saxons, 43- 47, 53> 55, ■f'V-, 73, 74, 76 ; threat- ened invasion of Scotland in Edgar's reign, 160 Northallerton, battle of, i. 204, 207 ; ii. 40 Northampton, earl of, i. 226, 352 ; councils at, 378, 398 ; ii. 30 Northern counties of England, feudal dependence of, on the .Scottish king, i. 193, 213, 2i8, 223, 352; resigna- tion of, by Malcolm IV., 352, 434 ; how viewed by William the Lion, 362, 363 ; subsequent efforts to ob- tain their restoration from Richard, 397-400 ; evasive policy of John, 415-418 ; made over to Alexander II. by Eustace de Vesci, ii. 4, 5, 32 ; Scottish claims on, finally compro- mised, 32, 428. See English claims Northern Leod (North People), ii. 281, 432, 433 Northumberland, bai'ons of, i. 190, 21 1, 213, 214 ; William the Lion in, 364, seq.; earldom of, bought fromRichard by the bishop of Durham, 396 ; the earldom claimed by William, 397 ; resigned by the bishop of Durham, 398 ; its pecuniary, without the poli- tical advantages, offered to, but not accepted by, William, 398, 399, 444 ; sheriff uf, 417 Northumbria, kingdom of, i. 4 ; mis- sionary labours of Aidan among the Angles of, 8, 9 ; confusion resulting on the death of Ethelfrid, 10, 11 ; discomfiture of Egfrid, II-13; resto- ration of Northumbrian power by Eadbert, 16; decline of, 21 Northumbria, province of, attacked by Norsemen, L 57, seq. {see Branan- burgh) ; dominion of the Danes, 58, 59 ; Saxons of, 60, 69 ; abandoned by Olave Sitricson, 70 ; submission of the Danes to Edred of England, 72 ; return of Olave, and his defeat, 73 ; Eric re-established in Danish Nor- thumbria, for two years, 74 {see Eric) ; the two invasions of Malcolm II., 92, seq., 95, 96 ; invasion of Dimcan L , 114; expedition of Siward against Macbeth, 122, 123 ; northern wars of William the Conqueror, 130, seq.; ravages of the Scottish army under Malcolm III., 133 {see Coj-patric) ; Anglo-Norman barons of, 190, 211, 213 ; horrors of the war under David I., 211 Norway, the Maid of, ii. 117 ; wergilds in, 299 Norwegian Court, i. 313, 314, 401, 406 ; negotiations of Alexander II. regarding the Western Isles, ii. 43, 44 ; embassy of Alexander III., 83, 104, 105. See Eystein Norwegian fleetunder Magnus Olaveson, i. 165, seq.; expedition of Ospac, ii. 21, 22 Nottingham, treaty between Stephen and David I. confirmed at, i. 214 ; siege of the castle of, 397 ; John's appointment to meet William the Lion at, 415 Ob.erati, a class amongst the Gauls, ii. 216 Obolus, the, ii. 344, seq. Observances, external, previous to the use of charters, i. 249 ; ii. i Ochil Hills, i. 46 Odal-bonders of Denmark, i. 22, 135, 310; ii. 165, 274, 300, 310 Odal rights, Scandinavian, 1. 80, 81, 94, 102, 106, 114, 164, 403; ii. 165, 300 Odallers ; see yEtheling Odinism, i. 86 ; not an ancient faith, ii. 248 Uis'n-, the, of Scandinavia, ii. 203 Offences, punishment of, in ancient Scotland, i. 258, seq. 6tr Justice Ogniund, a leader of Ilaco's, ii. 92 550 INDEX. Ogtierns (" lesser lords"), i. 103, 237, 240 ; ii. 261 Oikel (Ekkialsbakka), the river, i. 46 Oirir-Gael (Gael of the coasts), i. 44, 56, 162, 167, 236, 263, 350; ii. 12; lords of the, ii. 189, 193-196 Oirrighs, Gaelic, i. 34, 105 ; their tri- bute to, and entertainment of, the Ardrighs, 37, l6l Olave, a gallant Norwegian at the battle of Largs, ii. 93 Olave, brother-in-law of Harakl Mac Madach ; his expedition to Norway, i. 432 Olave Godfreyson, of Man, i. 346-348 ; ii. 98, scq. Olave Godredson, king of Man, i. 219 Olave Sitricson, i. 60, 61, 66, 73, 74, 161 Olave, son of Godfrey, i. 56, 63, 66 Olave, son of Malcolm I., i. 79 Olave the Fair, leader of the Northmen of Ireland, i. 42-44, 56 Olave the Saint, i. 314, 327 Olave Tryggveson, his seizure of Sigm-d, earl of (3rkney, i. 85, 124; paynienl of Danegeld to, ii . 459 Olifard, David, i. 2i6 Olifard, Walter, ii. 493 Ollaig, Dun, i. 12, 13 'OfiiXeia, the Hebrew equivalent of " Morgen-gifa," ii. 325 Optimates, the, ii. 150 Ordeal, the, " of battle, iron, or water," in the system of the Voisin- age, i. 266, 269, 438 Ordericus Vitalis, ii. 130, 142, 147, 152; ii. 480-483 Ore, the, Teutonic name for weight, ii. 243, set/. Orkney, Jarls of, i. 68, 80, 'scy.; ii. 187 Orkneys, conquest of tlie, by the North- men, i. 45 ; events during the reign of Kenneth II., 80, set/. ; converted to Christianity, 85 ; resignation of Odal jnivileges to Einar, and their restitution by Sigurd, 81, 94 ; rule of Sigurd's sons, 112, 113 ; Jarl Thor- fin, II3-I15 ; seizure by Magnus Olaveson, 165, 169, 400 ; subsequent events, 401-414 Osbern, Jarl, his union with Edgar, in the attack on William's Nonnan cas- tles at York, i. 130, 131 Ospac, expedition of, against the .Su- dreys, ii. 21, 22, loi Ostia, bishop of (Alberic), i. 175, 210- 213 Ostmen, the Dublin, i. 349 Osulf, a Norse chieftain, i. 74; ii. 442 Oswald, a Northumbrian prince, i. 1 1 Oswy, a Northumbrian prince, i. 1 1 Otho of Saxony, i. 399 Ottabone dei Fieschi, Cardinal, ii. 107 ; refused admission into .Scotland as legate, as being accredited only to England, 108 Otto, cardinal -legate, ii. 32 Ottir, a Norse Jarl, i. 57 Ottir, of Man, i. 166, 349 ; ii. 104 Ottir, lord of Thurso, i. 402, 406 Outfangthief, i. 285. See Infang thief Owen of Reged, i. 4 Pagans (countiy people), i. 326 *' Fainted men, the land of," ii. 224. See Ficts and Scots Palatinates of Chester and Durham, i. 440 Palatines, i. 355 Falatinus, Anglo-Saxon office of, i. 316 Falgrave, .Sir Francis, i. 358 ; ii. 481 Falladius, the deacon, i. 322, 323 Pandulf, letters of, i. 423 ; appointed legate, ii. 10 Papal bulls, i. 175 Paris, the monk, ii. 58, setj. Parliament, basis of the modern, i. 277 ; germs of, 438 ; ii. 144, 147, 148, 152-154 Parliaments, early, in England, li. 146, 147 Paschal, Pope, i. 181 Patrick, Earl, of Dunbar, i. 399, 422, 433 ; »• 27, 64 Patrick of Galloway, ii. 9, 34, setj., 193 Patroclus, bishop of Aries, i. 323 Patronage, Church, William's policy as to, i. 434 Patronage (Mundborh), system of, ii. 447, seij. ; its Roman origin, 450 ; earliest mention of, in Anglo-Saxon laws, 456 Patronymic, the, i. 291 ; marks a stage in society, ii. 489 Paul Balkason, chieftain of Skye, ii. ICX) Paul, joint earl of Orkney with Er- lend, i. 165, 400 Paul the Silent, joint earl of Orkney with his brother Harakl the Elo- quent, i. 401, seq. Peanfahel, a Pictish word, ii. 380 Peebles, national assemblies at, i. 439 Peers, judgment by one's, i. 275, 276 Pelagius, i. 322 Pembroke, earl of, i. 435 ; ii. 26 Penance of Henry II., i. 371 INDEX. 551 Pen-Cenedl (Cen-Cinnitd), the Gallic, i. 27, 103 ; ii. 285, 303, 304, 322, 463 Penda, of Mercia, i. 16, 17, 71 Pening, the old Scandinavian, ii. 344, seq. Pennylands, ii. 377 Penrith, ii. 117 Pentland Firth, i. 83, 1 15 Pentland Hills, i. 76; ii. 5 Pepin, i. 313 Percy, Alan, i. 202 Percy, William, i. 200 " Perfect in his generations," meaning of, ii. 315 Personal offences, law as to, i. 258 Perth, contest on the North Inch of, i. 208, 272 ; the conspiracy of, 354, 360 ; inundation at, 426 ; council of Alexander II. at, ii. 14, 15 Peter of Savoy, ii. 74 Peter of Leon (anti-pope Anacletus, rival of Innocent II.), i. 210 Peter des Roches, bishop of Winches- ter, ii. 25, 29, 78, 180, 418 Peterborough, plundered by the Danes under Jarl Osbern, i. 132 Peveril, William, i. 200, 351 Philip Augustus of France, i. 242, 397, Philip de Valoniis, chamberlain of Scotland, i. 421 Philip de Mowbray, i. 422 " Pictish provinces " of Beda, i. 32, 33 ; disruption of, 38 Picts, i. 2, 30 ; the northern, Columba's mission to, 6, 7 ; the southern pro- fess Christianity under Ninian, 8 ; making common cause with the Dal- riads, become tributary to the North- umbrian sovereign, 11, 14; recover their liberty after the overthrow of Egfrid, 12, 13 ; ascendency of Angus Mac Fergus, 13; termination of Pict- ish monarchy, 20; union of, with the Scots, under the Mac Alpin dynasty, 23; the Celtic principle of "divi- sion" traced in a sketch of the Picts till their union with the Scots under Kenneth, 30-40 ; list of their kings, ii. 185 Picts and Scots, questions relating to, ii. 366-381 Picts, Irish, i. 21 Pi-Romi of Egj'pt, what, ii. 202 Pit and gallows, barons holding the jurisdiction of, i. 264, 440; ii. 49, 135 Plantagenets, the, i. 155, 184; ii. 519 Pleas, the four great, i. 283, 438 ; ii. 128, 133 Ponteland, ii. 39, 40, 421 Princeps, the hereditary head of the race in Celtic government, i. 27 Prior, office of, i. 339 Prohi homines, the class denominated, i. 256, 298, 302, 311 Proprietary, the earlier, of Scotland, i. 237 Provincial courts, i. 281 ; ii. 49 Provision dealers, burghal regulations as to, i. 302 Provosts of burghs, i. 298, 303, 438 Prudhoe Castle, siege of, i. 366, 367 Ptolemy, i. 32 Publicity, necessity of, in social life, i. 268, 269, 437 Purchase, laws regulating, i. 260, seq., 303 QUARTERINGS, Original meaning of, ii. 310, 320 Qwhele (Qwhwle, Qwhevil), the clan, i. 208, 272 Ragnar Lodbroc ; see Lodbroc Ragnhilda, daughter of Eric Blodi-exe, i. 83 Ralph, titular bishop of the Orkneys, i. 201, 204 Ramparts, Roman, i, i, 2 Ramsay, Peter, bishop of Aberdeen, i. 335 Ranald, the clan, ii. 194, 196 Randolph, earl of Moray, i, 434 Randolph family, i. 358 Ranulph (Randolph), earl of Chester, i. 194, 215, 218, 352 ; ii. 9 Ranulph de Glanville, i. 368, 370, 389 Rape (Hrepp), in Sussex, meaning of the word, ii. 213, 433. See Rope Rath-inver-amon, a fort on the Tay, i. 91, 426 Raths ; see Duns RectitudiiteDi faccre, i. 424 ; ii. 402 Red hand, law regarding the homicide taken, i. 440; ii. 135 Reeve, office of, i. 276, 277 ; burgh- reeve, 298 Reeves, William, D. D., his edition of Adamnan referred to, i. 6-8 " Refection," obligation of, i. 238, 239; ii. 207 Regality, privileges of a, i. 355, 439, 440 ; court of the, ii. 134, 135, 469 Regency during the minority of Alex- ander III., dissension regarding, ii. 61-79; the original regents, 65; the regents substituted, 66 552 INDEX. Reginald, bishop of the Isles, ii. lOO Reghim ischium, the, ii. 150 Reginald Godfreyson, i. 66, 67, 70 Reginald hy Ivar, i. 52, 56, seq.., 66 Reginald Mac Torquil, i. 349 Reginald of Bath, a physician deputed to Scotland to attend the young queen of Alexander III., ii. 62 Reginald of Roxburgh, envoy of Alex- ander III. to Norway, ii. 104, 105 Reiters of Brabant, i. 196,364; ii. 5,40 Relief, a fine exacted from the heir on succession, ii. 129, 519 Renfrew, barony of, ii. 24 " Rere-Cross, the," the limit of the Bishop of Glasgow's jurisdiction, i. 223 Revenue, sources of, ii. 129 Rhy ; sec Righ Rhymes, Kentish, i. 243, 256 Rhys of South Wales, i. 358 Richard, almoner of the temple, ii. 66 Richard, bishop of St. Andrews, i. 382 Richard Coeur de Lion (I. of England), rebellion of, against his father, Henry II., 395; ciiarter of, annulling the concessions extorted from William the Lion, 396, 417; enters enthusi- astically into the third crusade, 396, 397 ; ii- 9 Richard de Courcy, i. 200 Richard de Lucy, i. 364, 365 Richard de Moreville, i. 367, 387 Richard, earl of Cornwall, ii. 41 Richard of Cirencester, errors of a treatise attributed to, i. 2 Richard of Hexham, i. 194, scg. Richard the Mareschal, ii. 24, 29 Richljorougli, i. 2 Riclimond Castle, i. 370 Richmond, Earl of, i. 217 Rievaulx, abl)ot of, i. 212, 225 Righ (Rhy, Rex), the king among the Scottish Gael, i. 31, 32, 140; like the pijf among the ancient Germans, ii. 204 Riki, the, of the Gemianic tribes, ii. 209, 213 Rixinc, prince of the Northumbrian Angles, i. 58, 71 Robbeiy, crime of, i. 259, 440 ; ii. 334, 335 Robert I. (Bruce), i. 32, 236, 241, 390 Robert II., i. 240 Robert, chancellor of Scotland, ii. 60, 504 Robert de Bruce, third Lord of Annan- dale, i. 422, 433 Robert de Bruce, fourth Lord of An- nandale, ii. 10, 56, 66, 77 Robert de Bruce, fifth Lord of Annan- dale, his singular and romantic love- match, ii. no Robert de Bruce, of Cleveland, i. 200, 203 Robert d'Estoteville, i. 200, 368 Robert de Lundoniis, illegitimate son of William the Lion, i. 433 Robei't de Manners, ii. 66, 76 Robert de Mellent, i. 157 Robert de Mowbray, i. 146, 159, 187, 200, 366, 372 ; ii. 463 Robert de Ros, i. 421, 433; ii. 63, 65 Robert de Vaux, castellan of Carlisle, i. 366, 380 Robert, duke of Normandy, tldest son of the Conqueror, i. 140, 141 ; founds a castle on the Tyne, 140 Robert, earl of Gloucester, i. 173, 1S9, 192, 200 Robert Fitz Walter, i. 431 Robert, prior of Scone, appointed bishop of St. Andrews, i. 181, 186, 377 Robert the Frison, Count of Flanders, i. 136 Rochester (Hrofa's ccastc)), i. 293 Roderic, an islesman who claimed Bute as his birtliright, ii. 88 Roger, archbishop of York, i. 377, 378; dispute with Becket of Canterbuiy, 378, 379 ; his flealh, 383 Roger, Count of Sicily, i. 210 Roger de Quinci, Earl of Winchester, and Constable of Scotland, i. 422 ; ii. 25, 28, 29 Rognwald, Jarl of Mceri, i. 45, 80 Rognwald the Saint, i. 402, seq. Roland de Carrick, i. 240 Roland of Galloway [see Uchtred), i. 387. 390. 392 ; ii- 24 Roll, the lost, of Charters, etc., of the time of W'illiam and Alexander, i. 393 Roman law, L 274, 275 Roman occupation of Britain, i. I ; various bomidaries of the province, i , 2 ; remnants of old cities, 293 Rome, Church of, its archives, i. 176; policy of Hildebrand, 1 74, seq. Rome, Macbeth's liberality to the poor of, i. 121 Ronald, a distinguished personage in Haco's expedition, ii. 93 Ronald Godfreyson, king of Man, ii. 99 Ronald of Orkney, see Rognwald the Saint Ronald Olaveson, king of Man, i. 412 Ronaldsvoe, harbour of, ii. 85 INDEX. 553 Rope, custom of marking out allot- ments of land by a, ii. 213 Rory, Earl, i. 184 Rory, the clan, ii. 196 Rose family, the, i. 443 Rose, Golden, interpretation of the, i. 383 Rosmarkinch, bishopric of, i. 385 Ross, Earl of, his attacks on Skye re- sented by Ilaco, ii. 83, seq. See Haco, Ferquhard Mac-in-.Sagart. Ross,^ earldom of, i. 236, 355; ii. 4, 23, 26, 45, 196; bishop of, i. 412; see of, 335, 441 ; barons and thanes of, 391 ; ii. 4; caslella of, i. 426 Rothenec, thane of, i. 289 Rothsay Castle, ii. 88 Roturier (allodial tenure), i. 241, 296, 300, 442; the class, ii. 215, 319, 323 Rouen; archbishop of, i. 357; siege of, 372 Roxburgh, castle of, i. 191, 219, 221, 350, 373> 394> 396; ii. 5. 99; burgh of, 298 Royal authority developed under Mal- colm II., i. 100-109; under David, 317, 318; under William, 435, 436, 438 ; underthe Alexanders, ii. 127, seq. Royal courts of justice, i. 258 ; ii. 130- 134. See Justice Royal residences, i. 233, 443; ii. 131 Ruadhri (Roderic, Roiy), head^of the Moray family, i. 120 Rufus ; see William II. Ruling class, the, in ancient nations, ii. 199-207 Ruiiuymede, ii. 2 Rush en, prioiy at, i. 219, 347 Russell, John, marries the countess of Menteith, ii. 79, 80 Rutherglen, i. 309 Rutupe (Richborough), i. 2 Rydderch ap Mervyn, a W^elsh prince, i. 54 Sac, i. 52, 285; ii. 264, 412, 439, 468 Sacerdotal and royal character united in ancient nations, ii. 199-204 Sacheverell's History of Isle of Man refeiTcd to, i. 66 Sacred Stone, the, on which the in- auguration of kings took place, i. 35, 36 ; ii. 54 Saddel, monastery of, ii. 87 Sajtta, the, ii. 214, 264; meaning of, 265, 297, 29S, 456 Sagibaro, Prankish office of, i. 274, 275; ii. 291 Saiga, the, of Bavaria and Suabia, ii. , 344, 347, seq. Sak-ore, the, ii. 344, seq. Sale of property, laws for the regula- tion of, i. 260, seq., 303 Salic law, i. 261, 273, 284, 311 ; "liv- ing by," ii. 292, 293 Salica tej-ra, meaning of, ii. 293, 313, 452 Salisbury, Roger, bishop of, i. 189, Salvis digniiatibits suis, meaning of, ii. 407 Samson, an ancient British bishop, i. 349 Samuel of Galloway, i. 387 Sanctuary. See Gryth Sandwirth, battle of, in Man, i. 166, 349 Saxonia (the Lothians), i. 40 Saxons, invasion of, i. 3 ; the, of Northumbria, 60, 61 ; refugees in Scotland, 134, 156, 185; name of, ii. 369 ; wergilds of the, 278 Sayer de Quinci, Earl of Winchester, i. 421 Scabini, the, i. 256, 274, 275, 281, 311, 314; ii. 134, 318 .Scales, among the Franks, i. 313 Scaldings or Skioldings of the North, i. 42; ii. 430; their mythical descent, ii. 249 Scandmavians, the ruling class amongst the, ii. 203 Sceat, the, ii. 344, 347, 349 Scepenbar freeholders, Saxon, i. 256, 298, 311 ; ii. 318 Scilling, the old English, ii. 348 ScoUoc, Scollofth, Scoloc-land, ii. 379 Scone, becomes capital of Scotland, i. 51, 232, 443 ; the Moot-hill of, 53 ; ii. 132 ; "palace" of, i. 109 ; mon- astery of, 173 Scot, appellation of superseded the name Pict, i. 23. See Picts and Scots Scot, John, dispute regarding his elec- tion to the see of St. Andrews, i. 382-384; appointed to Dunkeld, 384 Scotia, defined, i. 236 Scotticainim sei-vitiiiin, i. 208 Scots, Normans, and Erse or Irish, different acceptations of, i. 428 " Scot's-water," the (Firth of Forth), i. 40, 233. 251, 262 ; ii. 131, 143 Scotus, to whom applied, ii. 367-369 .Scrimgeour, Sir Alexander, i. 173 Scruple, the, ii. 345, seq. Scutage, ii. 175, 336, 520 Scythia, "the kings" or royal tribes of, ii. 202 554 INDEX. Seals, not in general use in the 131)1 cenlury, ii. 489 Sedition, crime of, i. 436 Segrave ; see Stephen de Segrave Seie-Iand, ii. 293, 313, 452 Selkirk Forest, i. 16 Selvach, a Dalriadic chieftain, i. 15 Seneschal, office of, i. 312, 315, 317 Senior, the, in the family holdmg, i. 238-240, 405; his position, ii. 218, 260,267,311,321,323,467 Senones, a people of ancient Gaul, i. 25 Separation, principle of, in Celtic government, i. 26-32, 38, 77, 273 ; ii. 203, seij. Sequani, the, ii. 2 ID Serfs, in Scotland, ii. 169; three classes of, 314 Service, Scottish and militaiy, i. 208, 234, 290, 291 ; ii. 14. 263, 495 Service, the tie of, in ancient com- munities, i. loi. See ii. 251-274, passim Seven Churches, the, of Irish and Scottish religious societies, i. 337, 338 " Seven Earls," the, ii. 77, 502-505 " Seven I'rovinces," the, i. 32, 33 Severus, i. 2 ; wall of, ii. 229 Shee]i, a man not to be hanged for less than the value of two, i. 259 Sheriff, office of, i. 253-257 ; courts of the, 257, 439 ; li. 49 Sheriffdom, introduction of the, i. 255- 257> 438 , . Shetland Isles, the, 1. 45, 406 ; L^i^e" up to Norway, 432 Shetlanders, the, i. 403 Shifting, the allotment so called, i. 243 Shilling, the English, ii. 521. See Scilling Ship-building, ii. 173 Shire-geniote, the Anglo-Saxon, i. 277 Sil)ylla, queen of Alexander 1. of Scot- land, i. 182 Sigiird, Jarl, i. 45 ; account of his wars, 46, 47 Sigurd Lodverson, Jarl of Orkney, i. 84, seq. ; victory over Finlay Mac Rory, 93, 94, 1 10 ; marriage with a daughterof Malcolm II , in ; killed at the battle of Clontarf, 94, in Sigurd Magnusson, i. 165, 167, 169, 345) 347> 4^^ 5 attempt to gain the throne of S'orway, 432 Silfer, the, ii. 344, seq. Simon de Montfort, ii. 63, 74, 1 14 Simon de St. Liz, i. 187, 386 Sipzal (method of counting relation- ship), ii. 309 Sitric, a son of Ivar, i. 56, 57, 161 Sitric, a grandson of Ivar, i. 57, 74 Siward, a Danish earl of Northumbria, i. 122, 123 Siward Beorn, an adherent of Edgar the Athehng, i. I33-I35> i84> 189 Sixhyndman, ii. 214; definition of, 2S0, 297, 322 Skida Moor, i. 93 Skioldings, Skioldungr ; see Scaldings .Skipton in Craven, Honor of, i. 222 Skuli, son of Thorfin, his attempt to wrest the Orkneys from his brother Liotr, i. 84 Skye, island of, ii. 100 " Sleepers, the Seven," day of, i. 122 Sluag/i ; see Hosting Smith's bothy, the, near Elgin, the scene of Duncan I.'s assassination by Macbeth, i. 116, 121 Soc, i. 52, 285 ; ii. 264, 412, 439, 468 Socage, tenure of, i. 300 ; unknown in Saxon England, ii. 270 Socmen of Lincoln and York, i. 134, 310; ii. 157; of Kent, ii. 272 Socn, defined, ii. 458, 461 Solomon, dean of Glasgow, i. 378 Somarled Mac (iillebride, lord of the Oirir-Gael, i. 44, 56 ; rising of, 345, 349) 350 ; defeat of, 359 ; race of, ii. 13, 21, 189, 193, seq. Somarled, son of Sigurd Lodverson, i. 112, 113 Somerville, i. 184 Soming, i. 37, 437 ; ii. 207, 475 Sors, ii. 256, 264. See Allotment. Soulis, Nicolas de, ii. 65 Soulis, William de, ii. 76 Southampton, i. 370 Southumbrian provinces of England, i. 68 Spey, the, i. 75, 76, 139, 173 Spittal, the; Jtv Hospital Spittal Fields, in London, i. 306 Spread-eagle, death of the, i. 48, 81 Squires, or sub-vavassors, a branch of the baronage, ii. 140 .Stackbolle, Dr. John, miraculous re- covery of, i. 413 Stallengers, in Fair-time, i. 304 Stallr, Norse, office of, i. 253, 313, 314; ii. 460 Stamford Bridge, battle of, i. 129, 162 Standard, battle of the, i. 205, 355 Stanemoor, i. 223 ; skimiish on, 74 ; Kenneth II. at, 79 Steel-bow, what, i. 313 ; ii. 161, 271 Stephen de Segrave, ii. 10, 12 Stephen of Boulogne, i. 153, 189 ; INDEX. 555 crowned king of England, 192 ; war with David I., 194-213 ; arrange- ments for peace, 213 ; civil war, Stephen defeated at Lincoln, 215, 35.1; ". 518 Stellingas, rising of the, ii. 235, 319 Sterling, probable meaning of, ii. 350 Steward, Anglo-Saxon office of, i. 316 Stewardship of Scotland, sale of, i. 184 Stewart, Alexander, ii. 66, 76 Stewart, Walter (Balloch), ii. 79, 80 Stewarts, descent of the, i. 184, 317 Stickathrow, battle of, i. 190, 317 Stirling, burgli of, i. 298 ; castle of, 373 > William's council at, 421, 423 ; sheriffdom of, plundered by the Isles- men, ii. 90, 97 Stock, trade, i. 301 " Stone of Destiny," Scottish, at coro- nations, i. 36 ; ii. 54 Stone, sacred ; see Sacred stone Stormont, earldom of, i. 236 Stralachlan, ii. 18 Strathallan, i. 49 Strathbogie, i. 76, 124; lordship of, ii. g Strath Clyde (Scottish Cumbria), i. 18, 19, 70 ; Britons of, 40, 41, 77 ; an- nexation of, 54, 55, 68 ; princes of, 55, 71, 72, 98, 99 ; incorporated with the Scottish kingdom, 98, 126; separated by Edgar, 170, 171, 183 ; again re-united, 187, 233, 235 ; burghs of, 442 Strathearn, defeat of Northmen in, by Constantine II., i. 53, 55 ; earldom of, 236 Strathearn, earls of, i. 184, 336 ; ii. 51, 55, 66 Strides, tale of the, i. 223, 356 Stuht ; see Steelbow Styca, the Northumbrian, ii. 344, 347 Styresman, Norse office of, i. 22 St. Albans, chroniclers connected with, i. 91. See Frederic St. Ambrose, his definition of mar- riage, ii. 326 St. Andrews, foundation of, i. 21, 39 ; privileges transferred to, from Dun- keld, by Cyric, 50, 108, 334 ; Con- stantine II. becomes abbot of, 67 ; episcopal jurisdiction of, 88; bishopric of, 174, 179, 342, 376, 440; grant of the Cio'sits Apri to, 155, 185, 335; priory of, estal^lished and endowed by David, 339 ; Registry of the priory of, 279, 280, 342 ; David's proceed- ings in the diocese of, 337-340 ; bishops of, 412, 421 ; ii. 55, 107 St. Bernard, i. 225 St. Coluniba ; sec Columba. St. Cuthbert, i. 17 ; lands of, 52, 57, 73> 95, 96 ; ii. 432 ; relics of, i. 71 St. Denis, abbey of, i. 326 St. Edward's chair, i. 36 ; ii. 54 St. Magnus the Martyr ; see Magnus Erlendson St. Martin, i. 324 St. Mary's, provostry and chapter of, , i- 342, 343 .St. Oswald, relics of, i. 71 St. Patrick, i. 321-324; ii. 307, 355 St. Servans, Culdee establishment at. i- 339, 340 Siih-armigeri, the, ii. 140 Succession, ancient regal, in Scotland, i. 20, 21, 53, 77; defects of, 89, 91, 97, 156 Sudreys, the (Southern Hebrides), i. 162, 167, 350, 412; ii. 21, 22, 44, , 45, 98 Suerer, king of Norway, i. 411 Suevi, the, ii. 249 ; northern, who, 296 Sumerlide (summer army), anciently ap- plied to the Norsemen, i. 76; ii. 235 Sumorlida, the (piracy), i. 259; ii.300 Sun, annular echpse of, on 5th August 1263, ii. 85 .Sutherland {Sudrlatid of Orkney Jarls), i. 46; earldom of, 95, iii, 236; ii. 497, 498 ; lordship of, ii. 23 Sven ; see Cnicht Sverre, grandfather of Haco, ii. 96 Sviar, the, ii. 249 Sweden, proprietaiy in, i. 273 ; old custom in, ii. 256, 257, 465; wergilds in, 284, 301 Swedes, attacked by Magmis Olaveson, i. 168 Sweyne Asleifason, a nobleman of Caithness, i. 404-408 Sweyne, king of Denmark, i. 130, 132 Swimming a river, a feat among sol- diery, i. -173 Swiss, the, ii. 249 Tacitus, i. i, 244 Tacksmen or free tenantry, ii. 51, 155, seq. Tallies (notched sticks), payment with, ii- 133 Talorcan, son of a Northumbrian prince, became a Pictish king, i. 11, 13, 20 Tanist (Righdomna), the heir-apparent to the throne among the Celts, i. 36, 72, 97, 154 ; applied also to eccle- siastical offices, 38. See\\. 218 Tanistry, law of, ii. 260, 261, 465 556 INDEX. Tara, feast of ; see Temora Tarbert, Loch, i. 167 Tascio, the Celtic, i. 240, 313. See Toshach Tay, the river, i. 426 Team, the legal process in the law of warranty, i. 261, 263, 285 " Tectum et focus," ii. 473 Temora, Feas (Feast of Tara), a con- vention in Ireland so called, i. 30 Tenant-right, ii. 269 Tenantr)', the lesser, ii. 155, seq. Teiiants-in-capite, ii. 324 Tenure of land, before the establish- ment of the feudal system, i. loo-i 10 ; the Gavel, 237-243 ; Borough- English, 243, ii. 268 ; burgage, i. 299, seq,; Franc- Aliiloig)ie, ii. 128, 323 ; Celtic, 259-262 ; in fee-farm, 259, 462 ; copyhold, 269 ; allodial, see Aliodial ; fixity of, originally un- known, 251 ; two tenures among the early I5urgundians, 254-256; two in Scotland in the 13th century, 445- 447 . .. , Tennre-par-Parage, i. 242; ii. 261, seq., 323 Termon lands, i. 329, 330, 332; ii. 469 Territorial names, i. 292 Tertins denarius, grant of the, what it implied, i. 193, 330; ii. 358, 412, 413, 461 Teutonic invasion, i. 3 ; system of law, 252, 274, 275 Teutons, the system of caste among the, ii. 204. See Celts, Germans Thanage, the ancient Scottish, i. 103, seq., 185 ; ii. 446, seq. Thane (Tighern, Ti'ern), office of the, i. 29, 102, 290; ii. 444-471 ; differ- ence between Scottish Thane and Saxon Thegn, i. 1S5, 234, 237 ; bound to be provided with defensive aniiour, ii. 136 ; table illustrative of the prin- ciple of succession in the thanage, 310 Thane-right, or nobility, i. 248 Theel, Theel - boor, Theel - land, in Friesland, ii. 253, 254, 266 Theft, punishment of, i. 258 ; ii. 47, 48 Thegn-land, heavy burdens on, ii. 512, 513 Thegns, burgh and upland, i. 295-297, 302 ; ii. 336 Theobald, archbishop of Canterbury, ii. 507 Theodosius, i. 2, 3 Thingraen, the Norse, i. 279 ; ii. 4, 460 "Thirds," principle of, ii. 210, 271, 461 ; widely traceable, 462 Thirsk, castle of, i. 366 Thomas, archbishop of York, i. 178, 347 Thomas de Normanville, ii. 66 Thomas Fitz- Randolph, ii. 66 Thomas, natural son of Alan of Gallo- way, i. 422 ; ii. 26-28, loi, 118 Thomas of Canterbury ; see Becket Thomas of Savoy, ii. 40 Thomas of Thirlstane, ii. 20 Thomas the Durward, i. 427 Thor, the leading deity with the North- men, ii. 248 Thorbiorn, of Orkne)', i. 405 Thorfin Haraldson, i. 409 Thorfin Ottirson, i. 349, 350 Thorfin .Sigurdson, grandson of Mal- colm II., and earl of Sutherland and Caithness, i. 95, III, 161 ; his con- test with Duncan I., II3-II6, 123, 127 ; his sons, 162 Thorfin the Skull-cleaver, son of Einar, earl of Orkney, i. 82 ; his sons, 83 Thorgils, bishop of Stavangro, ii. 86 Thorkell Fostri, i. I15 Thorstein the Red, son of Olave, and king of the Dugall, i. 44, 46, 47, 49, 125 ; his sister and niece, 82 Thorstein, archbishop of York, i. 178, 194, 200, 222, 358, 377 Thrymsa (Trimessis), the Anglo- Danish, ii. 344, seq. Thuringians, conquest of the, ii. 236 Thurso, i. 402, 406 Tighernach, an Irish abbot, i. 5 ; his annals referred to, 6, 7, 10, 13, 74, 89, 90, 116, 124 ; ii. 354, 400 Tigherns, ii. 261. &c' Thane Tiron, monastery of, i. 211 Tithes and dues, i. 440. See Burghs Tonsure, question of the, in the British churches, i. 331 Toraic, island of, i. 15 Toshach (Dux), military leader (elec- tive) amongst the Gauls, i. 24-28, 104, 237, 240 Tosti, earl of ^'orksllire and Northum- berland, intrigues of, i. 128, 129; ii. 386 Toulouse, expedition against, i. 354 Tours, abbey of, i. 325 Town, original acceptation of the term, i. 294 Towns, early, i. 293. See Burgh Trades, burghal regulations as to, i. 302, 303, 442 Traders and burghers, distinction be- tween, in early burghs, i. 295 INDEX. 55 7 "Third Estate" in Scotland, i. 292, 311, 317; ii. 143, scq., 152-154 Transposition of historical events, ex- amples of, i. 123, 124, 412 Traquair, William at, i. 422 Travelling with a retinue unnecessarily large, discountenanced, i. 437 Trebellius, i. 3 Trial, a, in Fife, i. 279, 280 Tribute, exaction of, an ancient test of dependence, i. 13, 38 Trinoda necessitas, when first imposed, ii- 336 Triocha-ced (=> Baronies), i. 102, 103, 106 ; ii. 340 Trodlheima, the Virgin Saint, supposed interference in behalf of the bishop of Caithness, i. 413 Troy pound, ii. 342 ; origin of, 352 Tnmiwine, bishop of Aberconi, i. 12, I3> 178 Trust (Commendation), ii. 215 ; dis- trict, 334; definition of, 451 Trything (Riding), ii. 433 Tulach-Aman, Rath of, i. 12, 13 TuUibardine, thane of, 208 Tun, the, i. 265, 294 Turgot, biographer of Queen Margaret, i. 147, seq., 170 ; appointed bishop of St. Andrews, 1 74, 1 78 ; his death in Durham monasteiy, 179 Tumbeny Castle, ii. 1 10 Tweed, the, i. 365 Tweedmouth, the castle at, i. 418, 419, 423, 442 ; ii. 7 Twelf hyndmen, the, i. 297 ; ii, 278, 293 Twyhyndmen, the, i. 297, 302; ii. 299 Twysawg, a Welsh officer of State, similar to the Dux or Toshacli among the Gauls, i. 31, 32 Tyne, a castle founded on the, by Robert of Normandy, i, 140 Tynedale, lands of, i. 419 ; ii. 1 17 Tyne Moor, battle of, i. 58, 59 Tything-man, the, ii. 335, 338 UcHTRED of Northumbria, i. 58 Uchtred, lord of Galloway, i. 371 ; barbarous death of, 380 Uchtred, son of Waltheof of Northum- bria, his contest with Malcolm II., i. 93 ; his death, 95 ; mentioned, 132 ; ii. 442 Uladh, its various meanings, i. 14, 21, 169; ii. 226, 230. &t'Gulad Ulf, son of Harold of England, i. 141 Ulster, earldom of, ii. 99 Umphravilles, the, i. 184 ; ii. 23 Unben, the supreme authority among the Cymri, i. 16, 31 Union, ancient bonds of, i. loi. See Feudal System Universitas, use of the word, ii. 1 53 University, i. 233 Urban II., Pope, i. 175 Urien, a favourite hero of the bards, i. 4 Utware and In ware, i. 208 Valens, Emperor, i. 2 Valentia, the district between Forth and Tyne, i. 2 ; occupation of, by the southern Picts, 8 Vandals, the, ii. 210, 211 Vavassors, i. 103, 290, 319, 354; ii. 140, 322; courts of, ii. 135 Vecturiones, a division of the Picts, i. 2, 30 Veitsla, Veitslo, i. 239, 262 ; ii. 297, 299, 462 VercingetorLx, i. 25 ; meaning of, 32 Vergobreith, the Celtic, an elective offi- cer (Vergobretus = the man of law) among the Gauls, i. 24-28, 272 ; ii. 245> 305 Vesci, Eustace de ; see Eustace Vespasiana, a so-called British province, i. 2 Vicarius, office of, i. 253, 276, 314 Vicecomes, office of, i. 186, 253, 440; ii. 128 Vicinity, the tie of, ii. 333. See Voisi- nage Victor IV., rival of Innocent IT., i. 210 " Vier Anen," the, ii. 310, 318 Vikings, Northern, origin of the name, i. 22 ; earliest recorded appearance of, on the Scottish coasts, 22 ; incur- sions on the British Isles in the reign of Constantine I. and II., 42, 53, 55 ; Scottish and Irish, 56, seq. ; Cumberland cleared of, by Edmund, 72 ; Vikings of Orkney, 80, seq. Villani, the, of Lincoln and York, i. 134 Villeinage, the system of, i. 104 ; ii. 162-166 Vinet, Alexander, ii. 66 Virgate, the (quarter-holding), i. 291 ; ii. 270 Visigoths, ii. 2IO, 211, 258; laws of, 212 Visitation ; see Can and Cuairt Visnet ; see Voisinage Vivian, Cardinal, ii. 98 Vladica, ii. 230 558 INDEX. Vogt, i. 339. Sec Advocatus Voisinage, system of the, i. 266-272, 275, 283, 288, 436 ; ii. 49, 298, 333- 340 Wager of battle, the, i. 271, 281,437; ii. 50, 522 Walcher, bishop of Durham, ii. 442 Waldgastnung, i. 37 ; ii. 475 Walenses, the British race of Strath Clyde, i. 21 Wales, the "noble tribes" of, i. 8; Norse incursions on, 57, seq., 161 ; courts of law in, 278 Walter de Ghent, i. 200 Walter de Moray, ii. 66 Walter P'itz Alan, seneschal of the realm, i. 317 Walter, prior of Kelso, i. 3 78 Walter the Steward, ii. 33, 56 Waltheof, Ealdorman, of Northumhria, i. 92, 134, 137 Waltheof, earl of Northumberland, i. 187, 218, 223 Wapentakes, i. 256. See Hundred War, a bond of union in ancient Celtic confederacies, i. 25 Wara, to whom applied, ii. 264 Ward, the, not the Hundred, ii. 339 Wardship, among feudal casualties, ii. 129 Warenne, Earl, i. 285 Warkworth, castle of, i. 366 ; sack of, 367 Warranty, the law of, i. 260, 261 ; ii. 16 ; the clergy as warranters, i. 263 Watch-dog, punishment of killing a, i- 259 Waterford, i. 57 Watling Street, i. 63, 66; ii. 273, 516 Wealh-gerefa, the Anglo-Saxon, i. 313 Wealh, the Teutonic, i. 245, 296 ; ii. 224, 234 Wearmouth, Malcolm Ceanmorc at, i. 133 Weight, measures of, ii. 341, scq. Welsh Gavel, i. 243 Welsh, courts of the, i. 278 ; defensive alliance of the Comyais with, ii. 74 Welsh " laws of Howel Dha," i. 29, 31, 108, 312 ; ii. 267, 303 Wend over, referred to, i. 74, 1 42 Wer, the Teutonic, what, ii. 202 Wer-borh, the, i. 272 ; ii. 334 Wergild (compensation for homicide), i. 258, 266, 269 ; among the Franks, ii. 275, 290, 297 ; the Prisons, 276, 294 ; the Alamanni, 277 ; the Ba- varians, 277 ; the Angles and Werns, 278 ; the Lombards and Saxons, 278 ; the Burgundians, 279 ; of the Anglo-Saxons, 280-282, 298 ; under William the Conqueror, 282 ; and Henry I. 282 ; laws as to, in Ice- land, and the islands of Gothland and Guley, 283, 300, seq. ; in Sweden and Denmark, 284 ; in Wales, 284, 303, scq. Werk, fortress of, i. 192 ; sieges of, 195, 199, 210, 212, 364; town of, burnt by John, ii. 5 ; inquisition at, 428, 429 \\ erns, wergilds of, ii. 278 Wertermore, i. 62 Wessex, Saxons of, i. 64 ; dynasty of, 68 ; compurgation in, 267 Western Isles (sev also Hebrides), i. 44, 56 ; attacked by Eric, 66 ; attempted sei7.ure by Godfrey Crovan, 163 ; ne- gotiations of Alexander II. with Nor- way regarding the cession of, ii. 43, 44; policy of Alexander HI., 83 ; Haco's expedition, and its results, 84-97 Whitby, conference of, i. 9 Whith'ern (Candida Casa), seeof Ninian, i. 18; ii. 355, 382; extinction of the line of Anglian bishops, i. 21 Wick, original application of the term, i. 294, 296 Wick, town of, i. 412 Widow, the, of Edinburgh, her curse on Alexander II. , ii. 121 Wif-man, ii. 325 Wilfrid, diocese of, i. I2 William, bishop of the Orkneys, i. 404 William de Brechin, ii. 66 William de Camerhon, a regent, ii. 66 William de Dunifrie.s, ii. 82 William d'Estoteville, i. 416 William de Fortibus, ii. 25 William de Hay, i. 415 William de Say, i. 433 William de Vallibus, i. 422 William de Vesci, i. 368 William de Vetere Ponte, i. 422 William du Pont de FArche, i. 192 William, dean of York, afterwards bishop of Durham, i. 217, 364 Williain, earl of Mar, ii. 60 William Fitz Duncan, i. 195, 196, 199, 204, 222 William, "king's chaplain," a regent, ii. 66 William of Egremont, i. 223, 356 William (Rufus) II. of England, i. 129, 141 ; ii. 54 ; unsuccessful inroad on Scotland, i. 142; Malcolm III. 's ne- INDEX. 559 gotiations with, 143, 144 ; ravages of his followers, 152 William, son of Henry I., i. 189 William the Conqueror, i. 80 ; policy of, 129 ; his northern wars, 130-132 ; the.misery resulting from them, 134 ; his invasion of Scotland, 136-138; his contest in Normandy against his eldest son, Robert, who, after recon- ciliation, was despatched with an army against Malcolm III. of Scot- land, 140; his death, 140, 141 ; his reply to the Pope's demand for fealty, 175 William the Lion, son of Prince Henr)', i. 225 ; his relations with Henry 11., 362, 363 ; war with England, 364- 368 ; capture of, 369 ; terms of the treaty of Falaise, 373 ; the treaty ratified at York, 375 ; disturbances in Scotland, 379 ; occurrences in Galloway, 380-382, 387-390 ; con- test with the Pope, 382-384 ; pre- tensions of Mac William to the Scottish crown, 384, 385 ; failure of his suit with Matilda, daughter of the duchess of Saxony, 386 ; grant of Huntingdon renewed, 386 ; marriage with Ermengarde de Bellomont, 391 ; the revolt in Moravia, 391 ; death of Mac William, 393 ; conference with the bishop of Durham as to the treaty with Henry, 394, 395 ; inde- pendence of Scotland re-established, 396 ; cordiality of his alliance with Richard I., 397 ; urges unsuccess- fully his claims on Northumberland, 397-399 ; his illness at Clackmannan, and question of the succession, 399 ; disturbances in the north of vScotland, 400-413 ; birth of a prince (Alex- ander), 414 ; interview with John of England at Lincoln, 417; the at- tempt of John to build a castle at Tweedmouth thwarted by William, 418, 419 ; threatened invasion, 420 ; the treaty of Northampton, 423, 442 ; consequent discontent in Scot- land, 425-430 ; illness at Hadding- ton, 431 ; visit to the north in con- nection with Earl John of Orkney, 432 ; last illness and death at Stir- ling, 433 ; his character, later policy, legislation, etc., 433, seq. ; his fam- ily, 435 ; his illegitimate children, 433 ; burial at Arbroath, ii. I Wjmund, bishop of Man, his proceed- ings in Scotland, i. 219-221 ; long confounded with Mac Heth, 221 ; granttohimof Furness, 221, 224, 347 Winchester, bishop of, i. 215, 351 ; earl of, 422 ; ii. 25 Windsor Castle, siege of, ii. 7 Winwed, battle of, i. 1 1 Wishart, John, a regent, ii. 66 Wishart, Robert, bishop of Glasgow, i; 343 Wishart, William, bishop of St. Andrews, i. 343 Wishart, William, archdeacon of St. Andrews, ii. 66 Witan, the Anglo-Saxon, i. 53, 277 ; ii. 335, 514 Witnesses, necessity for, in the purchase of property, i. 260, 300 Wladaca (Vladica), ii. 230 Wladig ; see Gulad Woden, known as " the foreign god," ii. 248 Woodstock, palace of, i. 391 Worcester, archdeaconry of, i. 217 Wynton, Andrew, prior of Lochleven, i. 87, 117, 124, 173 Yeomanry, the English, i. 208; ii. 253 York, archbishop of, his ecclesiastical claims over Scotland, i. 178, 194, 358 (see Thorstein) ; ii. 29, 30 York, seizure of, by the Norse, i. 57 ; Eric's futile attempt to re-establish himself there, 72, 73 ; William the Conqueror's castles at, 130, 131 ; cathedral of, 375 ; see', of, 12 ; meeting of Scottish and English courts at, ii. 10, il; council at, for the settlement of the demands of Alexander H., 31, 32 Yorkshire, Anglo-Norman barons of, i. 190, 200, 367 ; their capture of W^illiam the Lion at Alnwick, 369, 370 ; fifteen years afterwards they escort him to Canterbury, 396 ; con- duct of, when John invaded Scotland, ii- 5 Yorkshire Danes, earldom of, granted to Uchtred, i. 93 Yrfe, meaning of, ii. 263 Yring, a Norseman (?), i. 64 ZoziMUS, Pope, i. 323 Printed by R. & R. i^\.%v.v.','idiliU)Oflt: COLUMBIA UNIVERSITY LIBRARY This book is due on the date indicated below, or at the expiration of a definite period after the date of borrowing, as provided by tke rules of the Library or by special ar- rangement with the Librarian in charge. 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