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
charter, ranked, with their sons, as men of free and gentle birth, who
could appear in the lists by their champion; the churl-born tenant of
land, the man of ignoble birth, and all who had neither free tenement,
nor free parentage, being bound to appear in person. It was from the
former class that the “good men and true” were chosen to perform the
duties of the _Voisinage_, and before the middle of the thirteenth
century none could be sworn to hold inquest touching “the life or limbs
of a land or _grass_ holding man,” except, “good men and true,
freeholders by charter.”[319]
It can scarcely, then, be doubted that David was the originator of
that important change by which a fixed title to land was acquired,
produceable when necessary in proof of ownership--a change which, in
connection with the formal perambulation of boundaries, in the presence
of “the good men and true,” must have done much to put a stop to
those constant disputes about proprietorship, which had hitherto been
settled by the sword. David is often represented, in modern times, as
the exterminator of his fellow-countrymen, granting their lands to
foreigners, and driving out the native Scottish race, or enslaving them
beneath the yoke of alien masters--a course that could have hardly
earned the character ascribed to him by his friend and biographer
Ailred, “he was beloved by his own people the Scots, and feared by the
men of Galloway.” It would be nearer the truth, perhaps, to describe
him as the great confirmer of proprietary right throughout the settled
portion of his kingdom; and it still seems possible to point out the
method which was adopted to carry out his purpose. By a law of a much
later period it was decided that the freeholder was not bound to
produce his charter to his overlord more than once, after which it
was to be returned to him immediately. It may be gathered, from this
regulation, that there were occasions on which the land-holder might be
required to prove his title to ownership; and the kings of Scotland,
at a later period, are sometimes found amongst the Western Highlands
demanding charters, and confiscating the property, or rather the
freehold rights, of all who could not produce the necessary title-deed.
Thus, at the opening of the fourteenth century, every Vicecomes was
commanded to attend “our council,” with the other magnates of the
realm, and to warn his bailies, amongst other duties, “to summon all
who have, without license, entered upon lands alienated after the death
of our predecessor Alexander, to show their right to do so”--a right
which could only be proved by a written document. How such a title
was originally acquired may be gathered from the example of Eogan,
Thane of Rothenec, who appeared at Inverness on the Monday before St.
Andrew’s Day, in the year 1262, and in the presence of the Bishop of
Ross, the Justiciary of Scotland, and the Sheriff of Elgin, proved to
the satisfaction of the good men and true of the neighbourhood, that
Public-domain text, read in full here on John Shaqi.
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