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
the lands of Mefth, with a house in Elgin Castle, which had been given
by William to Yothre Mac Gillies, had been held uninterruptedly by
Eogan and Angus, son and grandson of the first recipient of the grant;
passing from the last-named Angus to his son Eogan, the actual Thane
of Rothenec, who was thus the fourth in descent from the original
holder. The written and attested verdict of the good men and true,
formed, from this time forward, the chartered title-deed of the lands
of Mefth; and it may be conjectured that, at the first introduction of
the Charter, all who claimed the right of freehold proprietorship were
bound to attend the royal _Moot_, and prove to the satisfaction of
the good men and true, the necessary qualification of three descents
of ownership. He who was thus qualified could claim a charter as his
title from the king, earl, thane, or ecclesiastical superior, of whom
he held his lands; whilst in the case of all who failed in proving
the necessary qualification, it would remain in the power of their
overlord, either to confirm their proprietorship by the wished-for
title, or to enter upon the land as lapsed “demesne.”[320]
From this period two classes of Freeholders, besides the Earls and
greater Barons, may be traced in Scotland, who may be compared
to the Vavassors or Mesné tenants of the corresponding era in
Southern Britain; the holders by knight-service, who grew into the
_Lairds_, or lesser Barons, of a later age; and the holders by
Scottish service, who were, with few exceptions, confined to the
northward of the Forth.[321] The latter were the Thanes, who, on the
occasion of the festivities at York in 1251, when Paris notices the
presence of more than sixty Scottish knights, were also in attendance
upon their youthful sovereign, at least in equal numbers.[322] The
lowest amongst the Freeholders appears to have been the proprietor of
half a plough-land--the eighth part of a _Davoch_ or of a _Fief
de Hauberk_--containing fifty-two Scottish acres; the holder of
that amount of land, by free service, and by charter, answering to
the proprietor of the Half-holding, wherever the Imperial Law of the
Benefice was acknowledged, who, though widely changed in character, is
still known in the United Kingdom as “the forty shilling freeholder.”
The Quarter-holding of two _ox-gangs_, or twenty-six Scottish
acres, answering to the Anglo-Saxon _Virgate_ or quarter-hyde,
and known in many parts of Scotland as the _Husband-land_, gave
no pretensions originally to freehold rights.[323] Scottish service
was probably most popular in early times with the native Scots, for it
accorded best with their custom of planting the junior branches of the
family upon the land, liable to rent, as well as to general military
service--a system which may have also had its attractions in the eyes
of the greater Barons, who held their own lands by knight-service of
the Crown--but it died out gradually in the more settled portions of
Public-domain text, read in full here on John Shaqi.
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