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
heritage for ever, as freely as any freeman (_liber homo_) can grant
land; and Alexander Cumyn, Earl of Buchan, grants to Fergus, son of John
de Fothes, the tenement of Fothes, with its bondmen, bondages,
native-men, and their followers, to be held of himself and his heirs in
fee and heritage for ever, as freely as any freeman (_liber homo_) can
hold (_tenet_) any tenement of any earl or baron within the kingdom,
rendering such form in service to the king as pertains to their lands,
and a half-pound of wax to us and our heirs in lieu of all secular
service or demand which we can exact in future.[307]. This class appears
to be meant by the _Ogethearn_ of the old laws, who ranked next after
the thane.[308]
The second of Fordun’s groups consists of those whom he terms _liberi et
generosi_, who held portions of land either for ten or for twenty years
or during life, with remainder to one or two heirs. These were the
tenants in the modern sense of the term. The former were the _liberi
firmarii_ of the statutes, or free farmers, and the latter the kindlie
tenants or tacksmen, who were usually near relations of the lord of the
land, and when they had a liferent possession of land, occupied an
intermediate position between the _libere tenentes_ or freeholders and
the _firmarii_ or farmers, and may in fact be classed with either.[309]
We find in this group a resemblance to the _Ceile_ or tenants of the
Irish Laws in two respects. First, in the steelbow tenancy, by which
many of these tenants held their land, and were sometimes called
steelbow-men. By this tenure the landlord provided the stock and
implements called steelbow goods, which were transferred to the tenant
on valuation; and he was bound on the termination of his lease to return
stock and implements to the same value, while the rent paid for the land
was higher in proportion to the value of the steelbow goods. Secondly,
the smallest possession held by a free farmer appears to have been two
bovates or oxgangs of land, or the fourth of a ploughgate, called in
some parts of the country a husband-land; and we find that in the north
of Scotland the name of _Rath_ was given to this portion of land, a name
which in the Irish Laws signified the homestead, which formed the lowest
single tenancy. Thus William, son of Bernard, grants to the monks of
Arbroath ‘two bovates of land, which are called _Rath_ (_que vocantur
Rathe_), of the territory of Katerlyn (in Kincardineshire), with the
right to pasture twenty beasts and four horses on the common pasture of
Katerlyn; and the same person grants to the monks two other bovates of
land in the territory of Katerlyn, consisting of seven acres of land
adjoining their land which is called _Rathe_, on the north, and nineteen
acres of land adjoining these seven acres on the seaside towards the
east, under that culture which is termed _Treiglas_, thus making up the
twenty-six acres of which a husbandland consisted.’[310] The word _Rath_
Public-domain text, read in full here on John Shaqi.
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