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
By his marriage with Ermengarde de Bellomont, he left four children; an
only son, Alexander, who succeeded to the throne, and three daughters,
Margaret, Isabella, and Marjory. Margaret, the eldest, was married to
Hubert de Burgh, and left an only daughter, Magota, who died apparently
at an early age. Isabella became the wife of Roger Bigod, Earl of
Norfolk; and Marjory, who appears to have been celebrated for her
beauty, which made a deep impression upon the susceptible heart of
Henry the Third, was subsequently united to Gilbert the Mareschal, Earl
of Pembroke, both the younger princesses dying without issue.
The lengthened reign of William was the era of the more complete
development of David’s changes in church and state; and Scotland, at
the opening of the thirteenth century, was fast progressing towards
the condition of a thoroughly feudalized kingdom in her more settled
portions. Traces of her earlier institutions, however, were still
abundant; the more lenient custom, for instance, of the allodial
system, by which the property of the felon was not confiscated
but descended at once to the heir, was confirmed as the general
law of Scotland, the strict feudal theory being, in other words,
relaxed in favour of “ancient custom;” though where the homicide, or
cattle-lifter, escaped the penalty of the crime by flight, his property
reverted to the lord, the heir only succeeding on the death of the
forfeited proprietor. Even sedition against the king did not disinherit
the heir, if the property was not held directly of the crown; but for
treason against the royal person both life and lands were irretrievably
forfeited. Another concession in favour of “ancient custom,” perhaps,
is traceable in the permission granted to the kindred of a murdered
man to take full legal vengeance on the homicide, even when under
the protection of “the king’s peace,” if they could prove that their
consent had not been obtained to compromise the feud; though, from the
wording of the law in question, this relaxation of the royal power of
pardoning the highest offences, may have been confined to the case of
a murdered witness. In most other respects the usual feudal customs
were generally established; the charter was required as a necessary
document for every freeholder--a stringent enactment being levelled
against all who were convicted of forging such evidence of rights to
which they were not entitled; and the Visnet was fast becoming the
recognised law of the land. Galloway alone formed an exception, in
this point, to the rest of Scotland, retaining her ancient code; no
Galwegian being judged by “the verdict of the neighbourhood,” except
at his especial demand; but very strict rules were laid down for its
substitute, “the wager of battle,”--a fine of _ten cows_ being
enacted for speaking during the progress of a judicial combat; he who
raised his hand, or made a sign, being “at the king’s mercy.” The fines
Public-domain text, read in full here on John Shaqi.
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