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
We have seen that the term Thane, in connection with that portion of the
crown land north of the Firths of Forth and Clyde called a thanage, and
considered as crown demesne, was the equivalent of the Gaelic _Toisech_
or _Toschach_, but we also find this word _Toschach_ used in Scotland in
combination with two other words nearly resembling each other, and thus
forming the two denominations of _Toschachdor_ and _Toschachdera_,
indicating in this form a person, and in the form of _Toschachdoracht_
and _Toschachderacht_, an office, just as the function of the Toisech is
expressed in the Irish system by _Toisecheacht_. Sir John Skene, in his
treatise _De Verborum Significatione_, gives under the word
_Toscheoderache_, several interpretations of it. He says that it was
‘ane office or jurisdiction, not unlike to a bailliarie, especially in
the Iles and Hielandes.’ ‘Some alleagis it to be ane office pertaining
to execution of summondis. Uthers understandis the same to be ane
crowner. Last, summe understandis it to be ane searchour and taker of
thieves and limmers.’ But it is obvious from his references that he
confounds the two offices together. The _Toschachdoracht_ was the office
like a bailiary, and the _Toschachdor_ was considered the equivalent of
the coroner, and this office was mainly confined to the Highlands and
Islands. The _Toschachdera_ he rightly explains, in his Notes to the Old
Laws, as a name given by the original Scots and Irish to the serjeand or
servitor of court who put the letters of citation in force, and that
this office was commonly called ‘ane Mair of Fee.’[397] We find the two
offices existed distinct from each other in the Isle of Man, and this
throws some light upon it. That island was divided into six sheadings,
and each sheading had two officers. The first was the coroner, and this
office, says Mr. Train, in his _History of the Isle of Man_, is of the
highest antiquity in the island. He is called in Manks _Toshiagh
Jioarey_, or chief man of the law. There is likewise, says Mr. Train, an
officer of unknown antiquity in every parish called a _Maor_, who
collects all escheats, deodands, waifs, and estrays.[398]
Public-domain text, read in full here on John Shaqi.
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