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
attendance being only required at the courts of the _Cymmud_ and of the
king--for the earldom was unknown in Wales--where, in the absence of
the sovereign, the _Effeiriad_, the _Distyn_ and the _Brawddwr-Llys_
presided; or the royal chaplain (the equivalent perhaps of the
Scandinavian _Hird-Bishop_), the high-steward as president of all the
_Maers_, and the court judge as senior of all the _Cynghellwrs_.[310]
It was in a great assembly of the whole free population of the united
people that “the laws of Aodh the Fair,” involving, probably, the right
of his descendants to the throne, were recognised in the reign of the
first Donald; a similar assemblage under Constantine the Second, on
the Moot Hill of Scone, appears to have ratified, or assented to, the
ecclesiastical constitution of the Scottish church of that period; and
it was in great meetings of a similar description, and at the same
place, that it was “the custom of the Scots” to choose their kings,
or rather perhaps to confirm the selection of their Seniors.[311] The
affairs of a province, or _Mormaordom_, appear to have been regulated
in a similar assemblage on a smaller scale; and a description of such a
meeting in the olden time will be found in the Registry of the Priory
of St. Andrews, part of the property of the priory having been held
by a verdict given in a general assembly of the province. When Sir
Robert Burgoin encroached upon the lands of Kirkinnis an appeal was
at once made to king David, who despatched his messengers throughout
the united district of Fife and Fotheriff to convene the people of
the province. The place of meeting is not mentioned; but thither came
Earl Constantine of Fife, “a discreet and eloquent man,” at this time
Justiciary of Scotland, with “the Satraps, Satellites, and Hosting” of
the county; or the free proprietary who held under the Mormaor, with
their kinsmen, and the followers who would have been known amongst
the Northmen as _Thingmen_. The presence of the Bishop is not alluded
to, but thither came his _Hosting_, or all the Frank-tenantry of the
broad lands restored by Alexander to the church, under the captaincy
of Budadh and Slogodadh--_Toshachs_ or leaders apparently of the
military contingent due from the church-lands in the province--and
under the presidency of Macbeth, Thane of Falkland, probably the
Maor, Baillie, or _Vidame_ of the bishop. When the whole community
of the province was assembled, three arbiters were chosen to try the
case,--Earl Constantine as justiciary; Maldonaeth Mac Machedach, “a
good and discreet judge,” the _Brehon_ probably of the province; and
Dugal Mac Moccha, on account of his venerable age,--the number of
the arbiters exactly coinciding with the number of judges in a Welsh
court. The cause was conducted on the principle of compurgation--in
earlier times it would have been decided by battle--the abbot in legal
phrase “swearing _se sexta manu_;” or, in other words, Abbot Dubtach
Public-domain text, read in full here on John Shaqi.
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