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
where the equivalent of the lord-lieutenant of an English county is
known at the present day as “lieutenant and _sheriff_ of the
shire,” the acting official being the _sheriff-depute_, the tenure
of whose office is equally permanent.[286]
As it was the policy of the race of Alfred to knit together the whole
of Southern England and the Danelage in the bonds of Commendation, or
_hlaford-socn_, so amongst the first principles of the system of
government introduced by David, it was strictly enacted, that, within
a fortnight after the proclamation of the king’s writ in the royal
_Moot_, every man “should find him a lord,” or forfeit the usual
mulct of eight cows to the king, and remain at the royal mercy until
he had duly commended himself to some responsible person. So necessary
was this enactment considered for insuring the internal peace of the
kingdom, and the practical dependance of its unruly population upon the
sovereign, that it was a royal axiom in the reign of David’s grandson,
William, that any man accused of theft, who could not “find a lord” to
be his surety, was to be at once treated as a convicted felon; though
such must have been the difficulty of enforcing it in the remoter
districts, that four centuries after the first introduction of the
principle, enactments were still occasionally levelled against “the
broken clans” of the Highlands and Borders.[287] Violence and robbery,
the usual crimes of a lawless age, were severely dealt with, and the
sanctity of the _Gryth_ strictly enforced, its “infraction”--in
other words a breach of the peace--being heavily fined, according to
the rank and dignity of the personage whose _gryth_ or peace
was broken. All the district up to a certain limit around the kings
court and person, and all the public highways, were “in pace regis,”
or under the immediate protection of the king; whilst the earldom,
the barony, and the thanage were under the similar protection of
the proprietors, whether lay or clerical, who were entitled to the
privileges of a court. For threatening to strike within the limits of
the royal _gryth_, four cows were paid to the king, one to the
party threatened; the oaths of two “liel men” being required in proof
of the charge. For an actual blow the fine was raised, increasing in
proportion, if blood followed; a drawn dagger was struck through the
hand; and if the weapon were used, and with effect, the guilty hand
was forfeited--a stern enactment, enforced five centuries later by
the Star-Chamber;--whilst if death followed the blow, the full fine
of one hundred and eighty cows was paid to the king, the kindred
receiving that “satisfaction according to the law of Scotland”--the
_cro_ or wergild--from which the victim could no longer hope
to profit.[288] Petty thefts were summarily dealt with; the man
detected _backberand_--with a calf, a sheep, or anything he
could carry on his back--was mulcted of a cow or a sheep by the lord
Public-domain text, read in full here on John Shaqi.
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