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 royal burgh was under the rule of its chosen magistrates, but the
royal castle was under the charge of the Constable appointed by the
king, this office often becoming hereditary in the family on which
it was originally conferred. Forty days were fixed as the period of
service on castle-guard, which, like everything else towards the
decline of the Feudal system, was gradually compounded for by a money
payment to the Constable; who, in other words, performed the service
with his own retainers, and exacted the usual fine, or its equivalent,
for the non-attendance of the party bound by the tenure of his land to
undertake such service. This custom, however, had scarcely grown into
general use in the reign of David, for it was one of the provisions
of Magna Charta that no Constable should summon a knight to perform
castle-guard whilst he was serving in the king’s army, nor exact the
fine for non-attendance when he was ready to perform the service in
person, or by proper substitute. Freedom from arrest was one of the
privileges attached to castle-guard, as well as to service in the
king’s “host,” lasting, like the similar privilege of Parliament, which
still exists, for the whole period of service; the same exemption being
extended to all who were in attendance on their duties in the county,
or who were sent to the burgh to buy provisions for their lord. The
Bailie of the castle was empowered to borrow of a burgher goods to the
amount of forty pence, and for a period not exceeding forty days; but
it was at the option of the lender to increase the amount of the loan
beyond that sum, or to defer the time of payment beyond the forty days.
At Easter, Whitsuntide, and Christmas, a “castellan” was entitled to
demand from a burgher pigs, geese, or chickens, “for the king’s need;”
but if the burgher could close his door no entry might be forced--his
house was his castle, according to the well-known English saying--but
the castellan might catch and kill any of the burgher’s stock that
he found beyond bounds, paying the price at which the neighbourhood
assessed the articles. The probable object of both these regulations
was to ensure the garrison a fair supply of necessaries without
entailing too heavy a burden upon the townsmen. In all disputes, if
a castellan complained of wrong, he was to claim his right in the
Court of the Burgh; and if the burgher considered himself aggrieved he
was to carry his plaint to the Castle gate. On these occasions there
appears to have been a mixed jury, as in the trial of an alien at the
present day, “the peers” of each party furnishing a portion; such at
least seems to have been the case in the following trial in the castle
of Dumfries for the homicide of a burgher, the party charged with the
offence being an Upland-man, probably on castle-guard, as he was tried
in the place appointed for appeals against a castellan. Adam, the
miller of Dumfries, meeting Richard, son of Robert Elias’s son, in the
churchyard of St.
Public-domain text, read in full here on John Shaqi.
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