Scotland under her early kings, Volume 1 (of 2) : $b a history of the kingdom to the close of the thirteenth centuryRobertson, Eben William
History
Scotland under her early kings, Volume 1 (of 2) : $b a history of the kingdom to the close of the thirteenth century
Robertson, Eben William
Scotland -- History -- To 1603
due exercise of hospitality whenever the “overlord,” to use the feudal
phrase, was entitled, on his _Cuairt_ or Visitation, to demand the
“refection,” which was known amongst the Anglo-Saxons as “a night’s
feorm.” It may be safely assumed that similar features were exhibited
on a greater scale in the thanage, and in the holding belonging to the
district judge; the obligation of “refection” in the case of the thane
being confined to receiving the king, an earl, or an abbot or bishop,
according as he held office under a lay or ecclesiastical superior. To
judge from the parallel case of the Welsh nobleman, this was generally
on the occasion of the great winter circuit, when the Scottish kings
and magnates were accustomed to pass their Christmas amongst their
thanes, much as the kings and Jarls of Scandinavia were wont, according
to the old Icelandic chronicler, to move about during the winter months
amongst their baronage, or _Hersirs_, who held their lands in a similar
manner by the tenure of _Veitslo_, or provisioning the king. The same
rule may be supposed to have been applicable to the earldom; whilst
the principle of community of right in the kindred unquestionably
extended to ecclesiastical dignitaries amongst the Gael, _Tanist_ and
_Adbhar_ abbots--or the successor actually chosen, and all capable of
being nominated to the abbacy--being continually met with in the Irish
annals.[272] It may be gathered from the ancient Scottish laws that
the limit of the immediate kindred extended to the third generation,
all who were fourth in descent from a Senior passing from amongst
the joint-proprietary, and receiving, apparently, a final allotment;
which seems to have been separated permanently from the remainder of
the joint-property by certain ceremonies usual on such occasions.
On the death of a Senior, a redistribution of the land and offices
belonging to the family invariably took place; and it was at this
period, probably, that all who were beyond the limit of the immediate
kindred received their final allotment. The fourth in descent from a
thane, no longer entitled to his share amongst the joint-proprietary,
or _Tigherns_, became an _Og-tiern_, he and his descendants holding
henceforth of the representative of the Senior, by the same tenure
as the thane held of the king; the lapse of the necessary period in
both cases rendering them irremovable from their respective districts.
The _Tanist_, or next in succession--for the “law of Tanistry” is
only another phrase for the law of succession--was appointed at the
same time as the Senior, receiving an allotment in proportion to the
dignity of his office, and, at this period, generally holding the
_Toshachdorach_, or captaincy of the family,--which, in later days,
as the law of succession gradually altered, and the office of Tanist
sunk into disuse, seems to have become the especial prerogative of
the next in succession; and when the earldom, lordship, or thanage
Public-domain text, read in full here on John Shaqi.
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