Celtic Scotland : $b A history of ancient Alban. Volume 3 (of 3), Land and peopleSkene, W. F. (William Forbes)
History
Celtic Scotland : $b A history of ancient Alban. Volume 3 (of 3), Land and people
Skene, W. F. (William Forbes)
Celts -- Scotland; Civilization, Celtic; Scotland -- Antiquities, Celtic; Scotland -- History -- To 1603
A fragment has also been preserved giving the _merchet_ or maiden-fee
paid to the superior on the marriage of the daughter of a dependant. It
is the _Amobr_ or _Gobr merch_ of the Welsh Laws:—‘According to the
assize of the land of Scotland, the _merchet_ of every woman, whether
she be a serf or mercantile, was one calf or three shillings. If she was
the daughter of a freeman who was not lord of a township, her _merchet_
was one cow or six shillings. If the daughter of the son of a thane or
of a _ochethiern_, two cows or twelve shillings. If the daughter of an
earl, twelve cows.’[259]
The fines which were paid for abstaining from attending the king’s
hosting are preserved in the Statutes of Alexander the Second, where the
following ‘record was made at St. Johnstoun or Perth before the king be
all the “dempsteris” (judices) of Scotland in the seventh year of the
king’s reign, or A.D. 1221,‘ after the king had been in hosting at
Inverness against Donald Neilson.’ They thus declare that ‘of those that
remained away from the host, the king shall have the forfeiture of the
erlis if their thanes’ (that is, the earls’ thanes) ‘remained from the
host; but how much that forfalture should be was not determined. Of all
others which remained at home—that is to say, of the lands of bischopis,
abbotis, baronis, knychtis, and thaynis which hold of the king, the king
alone ought to have the forfalture; that is to say, of a thane, vi cows
and a calf; of an _ochtyern_, xv sheep or vi shillings; but the king
tharof shall have but the one half, and the thane or the knycht the
other half. Of a _Carl_, a cow and a sheep; and they also are to be
divided between the king and the thane or the knycht.’ ‘But when by the
leave of the thane or the knicht they remained behind the king, he shall
have all the forfalt. For no earl nor sergand of the erlis in the land
of any man holding of the king ought to come to raise that default but
the Erl of Fyffe, and he shall not come as earl but as the _Mair_ of the
king of his rights to be raised within the earldom of Fyffe. Of the
_Cairlis_, however, where the king and the earl divide betwixt them, the
king and the earl shall have the one half and the thane the other half;
but where the thane falls in forfalt it shall be divided between the
king and the earl, as in the laws of King William is declared.’[260]
The analogy between this arrangement and the system of fines for
withdrawing from hosting contained in the Irish Laws will be apparent at
once, and the different grades here given are the same as those in the
code of David I., though adapted to a period when the thane appears as
the vassal of the king or of the earl, and the _ochtyern_ as the vassal
of the thane.
[Sidenote: Ranks of bondmen.]
Public-domain text, read in full here on John Shaqi.
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