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
The different ranks of the bondmen or unfree class have also been
preserved in the code of laws termed _Quoniam attachiamenta_. They are
there termed native-men (_nativi_), and we are told that there are
several kinds of nativity or Bondage (_nativitatis sive bondagii_). For
some are native-men of their grandfather and great-grandfather, which is
commonly called _de evo et trevo_, whom their lord may claim to be
naturally his native-men by narrating their progenitors, if their names
are known, as his great-grandfather, his grandfather, and his father,
who are challenged, declaring them to have been his native-men in such a
township and in such a spot in that township, and to have made and
rendered to him and his predecessors servile service in a servile land
for many years; and this nativity or bondage may be proved by the kin of
him who is challenged or by a good assize.
Another kind of bondage is similar to this, when any stranger receives
servile land from any lord doing servile service for that land; and if
he dies in that land and his son likewise dies in that land, and
afterwards his son lives in the same land and dies there, then his whole
posterity to the fourth degree shall be of servile condition to his
lord, and his whole posterity may be proved in a similar manner.
The third kind of _nativity_ or bondage is when a freeman, in order to
have a lord or the maintenance (_manutenencia_) of any great man, gives
himself up to that lord to be his native or bondman (_nativum seu
bondum_) in his court by the hair of his forehead; and if he thereafter
withdraws himself from his lord, or denies his _nativitie_ to him, his
lord may prove him to be his native-man before the justiciary by an
assize, challenging him that he in such a day in such a year came to him
in his court and gave himself up to be his man; and if any one is
adjudged to be the native or bondman to any lord, that lord can seize
him by the nose and reduce him to his former servitude, taking from him
all his goods to the value of four pence.[261]
These definitions of the different kinds of _nativi_ or bondmen may no
doubt apply to a later period than we are now referring to, and be more
or less connected with feudal forms, but we may, notwithstanding, infer
that they preserve the characteristics of the servile class in Celtic
times; for, although the upper classes may in the Lowland districts have
been superseded by Saxon or Norman proprietors holding their lands in
feudal tenure, the servile occupiers of the soil of Celtic race who were
attached to the land would remain and become the villains of the feudal
lord; and so we find that wherever they appear in the Chartularies they
possess Celtic names.
Public-domain text, read in full here on John Shaqi.
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