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
passed out of the original family by female heiresses, was generally
confirmed by charter on the heir male, to be held hereditarily under
the head of the house. Nor was the _Toshach_ a character confined to
the Celtic people alone; for the Mayor of the palace under the early
Merovingian sovereigns, who was usually elected at the same time as the
king, and was perhaps a member of the same royal race, was known as the
_Dux Francorum_; very much resembling the Gaelic _Toshach_, and the
dignitary whose title appears upon the early British coins under the
Latinized form of _Tascio_.[273]
Many of the features, indeed, displayed in the Celtic Gavel were not
in any way peculiar to the Celtic people, but will be found to have
very generally existed in every part of western and northern Europe,
wherever a portion of the population continued to hold their land by
the older system, which was stigmatized as _Roturier_ after the
feudal theory of “knight-service” was recognised as the only principle
of “gentle tenure.” In the intermediate period, when the earlier system
still held its ground side by side with the principles of Roman law,
and the shifting allotment to which every member of the _Folk_ or
_Leod_ was entitled by “the right of blood” was passing gradually
into a fixed and permanent inheritance, length of possession,
variously reckoned in different early laws, alone conferred pure
allodial property in land amongst the German people--for the chartered
grant from the king was thoroughly Roman--whilst throughout the North,
long uninfluenced by contact with Imperial Rome, the original principle
of descent, which was still traceable in the Germanic nobility of this
period, and in the “inborn” right acquired by the lower orders, was in
full force; the _Bonder_ growing into the _Odal-Bonder_, and
if his blood was strictly pure, into the _Holder_, solely after
the lapse of the necessary number of descents. Long after the conquest
of the ancestral dukedom of the English kings by Philip Augustus of
France, the main features of the law of Tanistry, which seemed so
strange to the Anglo-Irish lawyers of the seventeenth century, were
still familiar to the Normans of the continental duchy. All the family
up to the sixth degree were joint proprietors with the Senior of the
race in the _Tenure-par-Parage_, holding by fealty alone, the
seventh in descent passing from amongst the privileged kindred and
holding by _homage_, thus becoming “_the man_” of the head
of the family, just as the fourth in descent by Scottish custom became
an _Og-tiern_ under the Thane. The difference in the number of
descents was simply the result of the introduction of a noble class
above the free, and in either case, all who passed beyond the limits
of the kindred evidently had an “inborn” right to a fixed and final
provision.[274] A similar principle seems to have regulated the holding
amongst the continental Angles, which never passed to an heiress until
Public-domain text, read in full here on John Shaqi.
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