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
By Anglo-Saxon law, all property above a certain value was to be
bought in open market, and in the presence of _Witnesses_, who
were always men of property and good repute--the Reeve, the Landlord,
the Priest, or other “unlying men” of similar station, who were
chosen for this and other purposes in every _Burh_ and Hundred.
No sale was legal without a _Warranter_, who guaranteed that
the property offered for sale was honestly acquired; and if it was
subsequently claimed within a certain period as stolen goods, the
purchaser was bound to produce his witnesses and the warranter, the
responsibility from that time resting upon the latter. If he failed to
appear the purchase was void, though the oaths of the witnesses cleared
the purchaser from the legal consequences of theft; but if neither
witnesses nor warranter came forward in his behalf, he was at once
condemned as a thief. The name of the warranter was _Getyma_,
whilst the legal process, which was always numbered amongst the
privileges of the Baron’s Court at this period, was known as
_Team_, and was a part of that system which aimed at supplanting
the rude personal independence which answered every accusation by
an appeal to the sword.[291] The equivalent of the _Getyma_
amongst the Welsh was known as the _Mach_, and he seems to
be traceable in the Salic law under the name of _Hamallus_,
the prototype apparently of the Norman _Heimil-borch_, or
_Hemold-borh_--perhaps even of the Anglo-Saxon _Getyma_--the
similarity of the title by which the warranter was known beyond the
Tweed, or rather perhaps beyond the Forth, _Hamehald_, pointing to
the quarter from which the regulations of the _Team_ would appear
to have been introduced, at any rate beyond the “Scots-water.”[292]
In pursuance of this system, of which the germs are earliest found
in force amongst the Franks, David appointed certain places in every
Scottish sheriffdom to which all property “challenged for theft” was to
be brought, and all the warranters in such cases were to be summoned.
Scone, Cluny, Logierait and Dalginch were the places named for Gowrie,
Stormont, Atholl, and Fife; Kintulloch for Strathearn; Forfar and
Dunottar for Angus and the Mearns; and Aberdeen for Mar and Buchan.
Inverness was named for Ross and Moray, whilst Stirling was the place
appointed for transactions in which “the men beyond the Forth” were
implicated; for though in modern times this description would apply to
the northern Scots, when Scone was the capital and Gowrie the heart
of the kingdom, “all beyond the Scots-water” meant the inhabitants of
the Lothians, Cumbria, and Galloway. Just as amongst the Franks forty
days were allowed the accused to collect his evidence within Ardennes
and the Loire, eighty if the parties required dwelt beyond these
limits;--the time varying amongst the Anglo-Saxons from one week to
four, according to the distance of the shire from which the evidence
was summoned, six weeks and a day being allowed for all “beyond
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account