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
There was a period in early Frankish history, when the _Comes_ or
_Graphio_ was a royal deputy, answerable for the due collection
of the royal revenue, and exercising over the population, dependant
on the Crown, as fiscal-judge, a jurisdiction which did not extend
over the allodial proprietary. None of these attributes belonged to
the _Count_ of a later era, who, no longer either a fiscal-judge
or a collector of the royal revenue, was simply a greater baron,
enjoying only the title and dignity of his former office. A similar
change was in progress amongst the Anglo-Saxons, for in the reign
of Ini, the king’s ealdorman was the leading judge of the shire,
forfeiting his district for compounding a felony; and in Alfred’s
days, no man of a certain class could pass from one shire to another
without permission from the king’s ealdorman, who was still connected
with the shire as the leading personage in the _Gemote_, and
appealed to, on certain occasions, as an official. In Edward’s laws,
however, and in the laws of subsequent kings, the sovereign addresses
his _Gerefas_ alone, without any allusion to the jurisdiction of
the ealdorman; and though the presence of the bishop and the ealdorman
at the _Shire-Gemote_ was required by Edgar’s law, confirmed by
Canute, the Norman Conquest seems to have found the sheriff, a royal
official, and not the _Earl_--who was a _Duke_ rather than
a _Count_ at this period--the presiding officer in the county
court.[283] It appears to have been one of the leading features of the
policy introduced by Alexander and David, to carry out an alteration of
this character in Scotland, where the Earl and the Thane--the Mormaor
and the Maor--like the Jarl and the _Lenderman_ and _Stallr_
amongst the Northmen, were still invested with the full authority of
royal officials. In the Welsh Commot, which was supposed to be divided
by law, or custom, into twelve _maenols_, only one of these
divisions was the actual property of the _Maer_, who exercised
a joint authority with the _Cynghellwr_ over the whole district,
one-third of the Commot being composed of _Taog-trefs_, occupied
by royal villeins, in other words, being royal _demesne_; and
from the division of the crown lands in Scotland at a later period
into _Thanages_ and _Demesne_, it may be gathered that the
thanage was by this time restricted to the actual property of the
thane, who, no longer exercising authority over the demesne as a royal
official, was simply a hereditary tenant by rent, holding by Scottish
service instead of by knight service. In the same manner, the authority
of the Earl or Mormaor--a character unknown in the principality of
Wales, but who was simply a high steward or _Maer_ on a greater
scale,--appears to have been limited to his actual earldom, the
functions which he had hitherto discharged as a royal deputy devolving
on the _Vicecomes_, an official newly introduced, and directly
dependant on the sovereign; in certain cases standing in the same
Public-domain text, read in full here on John Shaqi.
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