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
leading personage being the Burgh-Reeve, or Provost, annually chosen,
with the Bailies and Bedells, by the community of the Burghers in the
first Burgh-Moot held after Michaelmas.[327] Complete self-government,
indeed, was conferred, from the outset, upon the Scottish Burghers
by a sovereign who was desirous of attracting such a class to his
kingdom; and the enlightened policy of David, together with the state
of peace and prosperity which he secured for the whole of the North
of England, as well as for the settled portion of his own kingdom,
soon filled the walled towns, which rapidly sprung up on every side,
with a crowd of willing settlers from Southern Britain and Flanders,
who were guaranteed the enjoyment of even more than the usual freedom
and privileges under the royal protection. They were to be judged
by their own chosen magistrates, by “the verdict of their peers”--a
privilege shared, indeed, with every Scottish freeholder--and according
to the laws and assize of the Burgh, sanctioned by the community, and
regulated by the Provost and twelve leading men. As in the case of the
Baron’s Court, the crown pleas were withdrawn from the jurisdiction of
the Provost and Bailies, but the royal justiciary, or his deputy, sat
in the Burgh-Court; the verdict was given by the “good men and true”
of the community; and no summons made by a royal serjeant was valid,
unless he was accompanied by the Town Bedell. Every burgher was bound
to possess at least one rood of land in the burgh, for which he paid
five pence yearly to the king; and to swear fealty to the sovereign,
the magistrates, and the community of the burgh--for the tie which
bound the burgher was the old fealty of the _Leud_, not the homage
of the _Antrustion_ with its attendant obligations; he plighted
his troth with his hand upon the Sacred Volume, not placed between
the hands of his overlord “after the Frank custom.” In this, and in
other points, burgage-tenure much resembled the tenures of socage, and
of gavelkind, which approached the earlier allodial custom, looked
upon in later times as _Roturier_; but from Merchet, Heriot,
and other exactions which had passed, with the principles of service
and dependance, into many of the tenures of the age, the Scottish
Burgher was exempt; as well as from the wardship which was attached to
knight-service. The heir, if a minor, remained with his “chattels” in
the custody of his mother’s relatives, the father’s kindred taking the
charge of the “heritage;” this heritage being strictly entailed upon
the heir, who could stop those deathbed transfers of property which
were occasionally suggested by designing personages, whether lay or
clerical. Under certain circumstances, such as the fear of starvation,
even the Allod might be parted with; and similarly the “Capital
Messuage” might be sold, or the property alienated, if the heir was
either unwilling, or unable, to relieve his father’s necessities, or
Public-domain text, read in full here on John Shaqi.
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