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
While the succession to the earldom of Atholl thus shows the light in
which the ancient Celtic earldoms were regarded, and the position they
occupied in the eye of the common law of the land, those which had been
either feudalised or created by the districts being erected into
earldoms by the Crown, were in no different position from an ordinary
barony, and were regulated by the feudal law, which was correctly laid
down by Bruce, the lands being partible between co-heirs, but the
dignity and the chief messuage belonging to the eldest co-heir. Of the
former we have an example in the earldom of Caithness, which had become
feudalised after the war between William the Lion and Harald, who,
though of Scottish descent, had inherited through a Norwegian mother. On
the death of John, earl of Caithness, the last of this line, in 1231,
the title of earl passed with only one half of the lands of the earldom
to Magnus, a son of the earl of Angus, while we find the other half of
the earldom in the possession of the family of De Moravia, and on the
death of the last earl of the Angus line this half was again divided,
and Malise, earl of Stratherne, became earl of Caithness, possessing,
however, one-fourth only of the lands of the earldom.[89] In the same
manner, when the earldom of Buchan, which had passed by marriage into
the hands of the Norman family of Cumyn, was forfeited to the Crown, and
the last earl was represented by two co-heirs, one-half of the lands of
the earldom was given by King Robert Bruce to Sir John de Ross, son of
the earl of Ross, who had married the younger daughter; and the other
half, with the title of earl, was afterwards conferred upon Sir
Alexander Stuart, second son of King Robert II.
Of the additional earldoms which had been created by the Crown and added
to the older earldom, the earliest, that of Menteath, affords an
example. This earldom, like that of Buchan, had passed by marriage into
the hands of a Cumyn, and Walter Cumyn is termed Earl of Menteath as
early as the year 1255. On his death in 1257 his widow married John
Russell, an unknown Englishman, and the nobles of Scotland, irritated at
this, accused her of the murder of her former husband, and imprisoned
both her and her second husband. Walter Stewart then claimed the earldom
in right of his wife, and by the favour of the nobles obtained it. On
the death of the first Countess her right passed to William Cumyn, who
had married her daughter, and a controversy arose between him and Walter
Stewart, which terminated in the title being confirmed to the latter,
with one half of the earldom, while the other half was erected into a
barony in favour of William Cumyn. The partition at a later period of
the earldom of Lennox, another of these created earldoms, likewise
affords an example.
Public-domain text, read in full here on John Shaqi.
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