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
But though the regulations of David still continued to be the
groundwork of the Scottish constitution, certain modifications were
introduced by William which tended still further to increase the power
of the crown. In the fifteenth year of his reign, “on the Monday before
the festival of St. Margaret” in 1180, in one of these great assemblies
of the whole Frank-tenantry of the kingdom, lay and ecclesiastical,
in which the germs of future parliaments are traceable, and which,
on this occasion, was held at Stirling, it was agreed that, for the
future, none were to hold ordinary courts of justice, or a court of
ordeal, whether “of battle, iron, or water,” except in the presence
of the sheriff, or of one of his serjeants; though, if the official,
after due summons, failed to attend, the court might be held in his
absence. At the same time, the four great pleas, which had been
removed from the jurisdiction of burgh provosts and baron baillies
in the reign of David, were reserved absolutely for the crown.[514]
Seventeen years later, in 1197, perhaps in consequence of abuses in
the exercise of authority, these minor courts were further regulated
by an ordinance passed in a similar “Parliament” held at Perth, and
attended by “the Bishops, Abbots, Earls, Barons, Thanes, and Community
of the Realm;” in which the great barons were pledged to give no
support to law-breakers, whether their own followers or others, and to
take no money for remission of judgment after sentence had been duly
passed; all failing in their duty, in either of these points, being
condemned to forfeit for ever their right to hold a court.[515] The
regulations of David about the great royal _moots_, and about
the sheriffs’ courts, were also modified at some period of William’s
reign; and it was ordered that two great assemblies were to be held
yearly at Edinburgh and Peebles, at which every freeholder was bound
to attend, unless prevented by sickness, or other sufficient cause. In
every province the sheriff was to hold a court every forty days--in
this particular following the Norman, or Frank, rather than the Saxon
custom; but bishops, abbots, earls, and probably the greater barons
who enjoyed “the rights and custom of an earl,” were now excused
from personal attendance, appearing by their Seneschals or Stewards,
and only being bound to attend in person upon the court of the royal
justiciary, or of his deputy.[516] Henceforth the privilege of a
“Regality” was confined to the greater barons or clergy, upon whom it
was conferred by royal favour; a sure sign of the progress of order,
and of the royal authority. It may be remarked that a Regality in
the feudal period was generally on some frontier; or was a district
made over to some powerful noble to control, as he best might, by the
strong hand; and in England, the sole provinces of this description
were the _Palatinates_ of Chester and Durham, the former on
the Welsh frontier, the latter upon the borders of that turbulent
Public-domain text, read in full here on John Shaqi.
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