[88] _Innes_, Ap. 3. _Wynton_, bk. 6, c. 10. _An. Ult._ 953. The men

of Mærne occasionally make their appearance in early Scottish history,

and generally in company with the men of Moray. It has been frequently

assumed that they belonged to a certain earldom of the Merns, comprised

in modern Kincardineshire, though Mr. Skene (_Highlanders_, vol. ii.,

c. 9) places them on the western coast, where he supposes that there

once existed an earldom of Garmoran. The same objection, I fear, may

be raised against the earldom of Garmoran which is urged against the

earldom of the Merns--the total silence of history respecting it.

When a dim light is first shed upon the northern provinces, the name

of Moray, which must have once been applied to the whole line of

sea-coast--_Armorica_--in this direction, is confined to the westward

of the Spey, whilst the eastern tract of country is broken up into the

earldoms of Mar and Buchan, and the districts of Strathbogie and the

Garioch, both “in the crown,” _i.e._, conquered. The name of Mærne

has by this time disappeared, unless it still survived in _Mar_,

representing only a portion of the ancient province, but I should

imagine it is to be sought for in this quarter, which would account

for the connection of its people with the men of Moray; and if ancient

Mærne once included Kincardineshire, the name of “the Merns” may

have been retained, like that of Northumberland or Cumberland, by a

comparatively small portion of the original province.

[89] _Innes_, Ap. 3. _Sim. Dun. de Gestis_, 854, and p. 139.

[90] _Innes_, Ap. 3. _Wynton_, bk. 6, c. 10. _Fordun_, l. 4, c.

27.--The old chronicler calls the Northmen “Sumerlide”--summer army--an

expression similar to the “micel sumorlida” of the Saxon Chronicle 871.

In fact, piracy was the _summer_ occupation of the Norsemen.

[91] _Innes_, Ap. 3. _An. Ult._ 964. The hostility of the house of

Atholl was destined in the end to be fatal to the line of Duff.

[92] _Innes_, Ap. 3, 5. _Fordun_, l. 4, c. 28. _An. Ult._ 966. From the

first authority it would appear as if Duff never recovered the throne,

and the story of his death rather favours the idea that he was killed

when in exile.

[93] _Innes_, Ap. 3, 5. _An. Ult._ 970. Wynton and Fordun give the name

of Radoard to the British prince. The line of Constantine the Second

generally appears in connection with the south of Scotland.

[94] _Tigh._ 977.

[95] _Innes_, Ap. 3. Kenneth’s ravages reached “ad Stammoir, ad

Cluiam et ad stang na Deram,” according to Pinkerton’s version

of the Chronicle. The captive is called a son of the king of the

Saxons--probably of the Northumbrians.

[96] _V._ Chap. 2, p. 47.

[97] They were the sons of a female slave. The surviving legitimate

sons of Rognwald were Thorer, who succeeded his father in Norway, and

the famous Gangr Rolf, founder of the Norman dynasty, and ancestor of

William the Conqueror. The _Holder_ was the old _Allodial_ proprietor

amongst the Scandinavians of those days, answering to the _Eorlcundman_.

[98] Eric Blodæxe was killed in the year 954. His sons attacked Hakon

the Good for the second or third time, after he had reigned twenty

years, _i.e._, about 957. The arrival of Gunhilda and her sons in the

Orkneys must have fallen between those two years.--_Heimsk. Saga_ 4, c.

22.

[99] Hakon reigned for 26 years, and Harald Greyskin for 15, after the

death of Harfager in 937, which would place the death of Harald in

978.--_Heimsk. Saga_ 4, c. 28; _Saga_ 6, c. 13. When the sons of Eric

escaped to the Orkneys, immediately after the death of Harald, they

found the sons of Thorfin in possession of the islands.--_Do., Saga_ 6,

c. 16. The Orkneyinga Saga says that Thorfin was still alive but died

soon afterwards. His death must have occurred about the year 978.

[100] _Ork. Saga in Col. de. Reb. Alb._, p. 339.

[101] All these events must have occurred between 978 and 994, for the

battle of Dungal’s Nœp was fought in or before the latter year. Kari

Solmundason, and the son of Nial, were present at this engagement, and

after remaining two winters and a summer with Sigurd, departed for

Norway in the following summer, _i.e._, two years after the battle,

with the tribute for Jarl Hakon, and as the Jarl’s death occurred

in 996, the battle must have been fought at least two years before

that date. It probably occurred a few years earlier, as the same Saga

alludes to the defeat of Godred of Man, whose reign extended from

the death of his brother Magnus, about 977 to 989. _An. Inisf._ 977.

_Tigh._ 989. _Niala Saga, Col. de Reb. Alb._, p. 334, 338. The Hundi of

the Sagas seems to have been Crinan. The account of these transactions

is taken from the _Heimskringla Saga_ 3, c. 27 to 32; _Saga_ 4, c.

3, 4, 5; _Saga_ 7, c. 99; and the _Olaf Tryggvessonar Niala_ and

_Orkneyinga Sagas_ in _Col. de Reb. Alb._, p. 327, etc.

[102] _Heimsk. Saga_ 6, c. 52; _Saga_ 7, c. 99.

[103] The Isla and the Dee are the boundaries assigned to one of the

old Pictish kingdoms in the description of Andrew, bishop of Caithness,

in _Innes_, Ap. 2.

[104] Such is the account of _Wynton_, bk. 6, c. 10, and _Reg. St.

And., Innes_, Ap. 5, with which _Fordun_, l. 4, c. 15, agrees. Boece of

course is able to supply every deficiency in his own peculiar way.

[105] The principle of “the right of blood” latterly exercised a social

influence over the ecclesiastical as over the political system of

the Gaelic people, and bishops and abbots made their visitations and

exacted their dues amongst a population united to them, in a certain

sense, by the ties of kindred, whilst most of the superior offices

in a monastery became hereditary. Not that they were invariably held

from father to son, but the right of presentation to certain offices

becoming vested in certain families, the people grew by degrees to

be united to their abbots and other ecclesiastical dignitaries by a

similar tie of blood to that which bound them to their chiefs and

princes, and an abbot not chosen from one of the families of the

district in which his monastery was placed, would have appeared (in an

unconquered country) as great an anomaly as a chieftain or a king of

alien blood--an _ungecyndne cyning_. When, therefore, Kenneth founded

Brechin, which must undoubtedly have enjoyed the privilege of _Cuairt_

or visitation over the same extent of country as was afterwards

included in the diocese of that name, he must have possessed the power

of insuring to the abbot and his monks the free exercise of their

rights amongst the people of the district; in other words (as he had

not inherited it), he must have conquered it. Beyond the territories

over which the monastery exercised _Cuairt_, the country up to the

Dee was placed under the jurisdiction of St. Andrews, the bishop of

this diocese being the spiritual head of the conquests of the kings

of Scots--as in the case of Lothian, for instance--except when it was

otherwise arranged.

[106] _Innes_, Ap. 5. _Wynton_, bk. 6, c. 10. _Fordun_, l. 4, c. 36.

_Tigh._ 995. The king’s visit to Fettercairn was probably a _Cuairt_

or royal progress. The Prior of Lochleven merely says that Kenneth was

slain by some members of his own court--the _socii sui_ of Tighernach.

Fordun, or rather perhaps Bowyer, names the assassins, Grim, the _son_

of Kenneth MacDuff, and Constantine, the son of Culen, whilst he and

Boece describe the machine which cost the king his life. It was as

follows:--“In the middes of this hous was ane image of bras, maid to

the similitude of Kenneth, with ane goldin apill in his hand, with sic

ingine that als sone as any man maid him to throw this apill out of

the hand of the image, the wrying of the samein drew all the tituppis

of the crosbowis up at anis, and schot at him that threw the apill.”

_Bellenden’s Boece_, bk. 11, c. 10.

[107] _Fordun_, l. 4, c. 30.

[108] _Fordun_, l. 4, c. 36. He merely alludes to the death of Malcolm

MacDuff in the twentieth year of Kenneth’s reign; but _Boece_, bk. 11,

c. 9, makes the king poison him.

[109] _Boece_, bk. 11, c. 8. _Fordun_, l. 10, c. 17. Drumlay is

characteristically explained to mean (in good Lowland Scotch)

_Droun-it-lay!_ The whole description is transferred by Boece to the

reign of Duncan the First, the _Rex Noricus_ of Bowyer assuming the

name of Sueno.

[110] As Kenneth was the contemporary of the Anglo-Saxon Edgar, it

is not to be supposed that he has escaped the claims of the Norman

writers, and accordingly, at a time when he was harrying Cumberland,

he figures in their pages as an attendant at the court of Edgar at

Chester, forming one of a a crew of eight “underkings,” who in token

of humble submission rowed the king’s barge in a triumphal procession

on the Dee. During another visit to the English court at Lincoln, a

crafty suggestion of the Scottish king about the difficulty and trouble

of defending Lothian, is rewarded by the gift of the province as a

feudal fief, to be held by various acts of homage, amongst others

on condition of carrying the crown on all state occasions, whilst

manors are provided to cover the expenses of the royal vassal on his

progresses towards the southern court! It is curious to remark the tone

of increasing feudalism pervading the fabrications of each succeeding

century. The composers of the fictions about Kenneth and Edgar,

which are only to be found in the later chroniclers connected with

St. Albans, have been even more than usually imaginative, and their

transparent fabrications remain as a warning to the impartial historian

to look with mistrust upon all claims connected with such a tissue of

anachronism and fable. _V. Appendix L_, pt. 1.

[111] Rathinveramon, “the fort at the mouth of the Almond” where it

joins the Tay, is named as the place of his death in _Innes_, Ap. 5,

the same locality as the “caput amnis Awyne” of Wynton, _v._ also

_Tigh._ 997. It is said to have been the site of the ancient _Bertha_,

and was swept away by the great flood at the close of the reign of

William the Lion.

[112] _Innes_, Ap. 5. _Wynton_, b. 6, c. 10. _An. Ult._ 1004.

[113] _Sim. Dun. de obs. Dun._ (_Twysden_, p. 79). _An. Ult._ 1006.

Through the error of some transcriber probably, these events are

placed by Simeon in the year 969, when neither Malcolm nor Ethelred

were reigning, nor was Ealdun bishop of Durham. The real date must

have been in 1006, as the Ulster annals mention that in 1005 the Scots

were defeated by the Saxons “with great slaughter of their nobles.”

Fordun (l. 4, c. 43) has either mistaken this battle for the later one

at Carham, or has unblushingly claimed it as a victory. Before the

time of Canute the difference in titles of Eorl and Ealdorman, marked

the different people over whom the possessor of the title was placed

in authority. Oslac is addressed as _Eorl_, Ælfhere and Æthelwine as

_Ealdormen_, in the Laws of Edgar, Sup. 15.

[114] _Sim. Dun._, as above; _V. Appendix M_.

[115] _Olaf Tryggvessonar Saga_ in _Col. de Reb. Alb._, p. 330, and

_Antiq. Celt.-Scand._, p. 119. The battle must have been fought after

1005, the date of Malcolm’s accession, and before 1009, the year of

Thorfin’s birth. The latter was five when his father was killed at

Clontarf, bearing the fatal banner himself, for it seems to have

acquired an evil reputation, and Hrafn the Red, on Sigurd committing

it to his charge after the death of its first bearer, refused to

lift it, adding somewhat unceremoniously, “Bear thine own devil

thyself.”--(_Story of Burnt Njal_, c. 156.)

[116] _Heimsk. Saga_ 7, c. 99, with the Sagas already quoted; _vide_

also the account of the battle of Clontarf in the Irish Annals.

[117] _Chron. Sax._ 1016. _Sim. Dun. Twysden_, p. 81.

[118] _Innes_, Ap. 4. _Sim. Dun. Hist. Dun._, l. 3, c. 5, 6--Do. _De

obs. Dun._ p. 81, _de Gestis_ 1018. On comparing the passages of Simeon

it is impossible to doubt that the cession of Lothian by Eadulf Cudel

was the result of the battle of Carham, though there is an evident

reluctance in the English chronicler to allude to the defeat and its

consequences. The men of the Lothians, according to Wallingford,

retained their laws and customs unaltered, and though the _authority_

is questionable, the _fact_ is probably true, for _Lothian_ law became

eventually the basis of _Scottish_ law. Conquest indeed in these times

did not alter the laws and customs of the conquered, unless where they

come into contact and into opposition with those of the conquerors,

and the men of the Lothians remained under the Scottish kings in much

the same position as the men of Kent under the kings of Mercia and

Wessex, probably exchanging the condition of a _harassed_ for that of a

_favoured_ frontier province.

[119] _Chron. Sax._ 1031. _MS. Cot. Tib._ B. iv. is the authority. Two

later MSS. add the names of two other _kings_, Mælbeth and Jehmarc.

Macbeth became Mormaor of Moray in the following year through the

death of his kinsman Gilcomgain. These two kings reappear in the

Heimskringla (_Saga_ 7, vol. 2, p. 196. _V._ also _Lodb. Quida_, p.

101), as “_Nordan of Skotlandi of Fifi_.” If _Fifi_ is here put for

_Fiord Riki_, it is probably a mistake, for “the Firth kingdom” might

mean Moray as well as Fife, and the name in this instance would be more

appropriate to the former.

[120] _An. Ult._ 1033. He is called M., son of Boedhe, probably Malcolm.

[121] _Tigh._ 1034. _Wynton_, bk. 6, c. 10. _Fordun_, l. 4, c.

46. Angus was as fatal to Malcolm and his father Kenneth, as the

neighbourhood of Forres had proved to the first Malcolm and his father

Donald.

[122] _Tigh._ 975–997.

[123] _Sim. Dun. de Gestis_, 1018. _Lutinenses_ is evidently a clerical

error for _Clutinenses_.

[124] _Flor. Wig._, 1054. _Malm. de Gest._, l. 2., c. 196. The

Cumbrensis regio was again detached and given by Edgar to his brother

David, who held it, in spite of the opposition of Alexander, throughout

that king’s reign. _Ailred in Twysden_, p. 344.

[125] _Fordun_, l. 4, c. 44. He connects it with a victory over the

Danes. Whatever may have been the cause of its erection, the founder

must have possessed an influence over the surrounding territory. In the

preface to the Register of Aberdeen, the editor inclines to the opinion

that Malcolm the Third was the founder of Mortlach, in which case the

annexation of Strathbogie and the Garioch to the Scottish crown would

have been the result of the successful northern wars of the latter king.

[126] Strathbogie and the Garioch were “in the crown” at a later

period, and before the reign of David, though it would be difficult

to say with certainty when these districts were annexed. Moray was

forfeited under David, and the summary manner in which that king and

his successors were able to deal with church property in the diocese

of that name, as well as in that of Aberdeen, discloses the different

relation in which the Scottish kings stood towards the people of those

bishoprics and towards the population of some of the other dioceses.

No Culdees appear struggling for their rights in the earlier charters

of Moray and Aberdeen (though in the thirteenth century the Culdees

of Monymusk tried to shake off the supremacy of St. Andrews), a proof

that the powerful Gaelic families in whom these rights would have

been vested, were either extinct, or so far reduced as to be in no

condition to offer any resistance to the measures of David. Such was

not the case in the bishoprics of Brechin and Dunblane, where the

Culdees held their ground long after the time of that king, owing

probably to a reluctance on his part, and on that of his successors, to

alienate their great feudatories, the earls of Strathearn and abbots of

Brechin, by an over prompt interference with Church property in their

possession. The tradition connecting Mortlach with Malcolm the Second,

has induced me to notice the annexations of these districts under this

reign, in which the royal authority may have been considerably extended

and consolidated in this direction, though I think it most probable

that the final conquest and submission of the province was the result

of the frequent and successful, though little known, northern wars of

Malcolm the Third, and the subsequent successes of his son Alexander

in the same quarter. The last Mormaor of the mysterious province of

Mærne appears in alliance with Donald Bane; the people of the district

attempted, in conjunction with the Moray men, to assassinate Alexander

at Invergowrie, and then nothing more is heard either of the Mormaor or

the men of Mærne; and I am inclined to connect with this disappearance

the forfeiture of the ancient family, and the distribution of the

ancient kingdom between Dee and Spey into the two subordinate earldoms

of Mar and Buchan, and the two lordships of Strathbogie and the

Garioch, long retained by a member of the royal family.

[127] This subject is further treated in _Appendices_ _D_ and _N_.

[128] _Triocha-ced_ is the proper name, often rendered _Cantred_, but

erroneously. The Irish _Triocha-ced_ was supposed to be a collection

of thirty _Baille-biataghs_, or hundreds, each supposed to contain

four hundred and eighty Irish acres, thus constituting a _Barony_

of _nominally_ 14,400 Irish acres (_A.F.M._, 1225, _Note_ S). The

_Cantred_--the hundred _trefs_ or villages--belonged properly to Wales,

and was supposed to contain 25,600 Welsh acres, answering rather to the

Continental _Canton_. The Irish and Welsh _Cantred_, therefore, must

not be considered identical. For _Thanes_, _V. Appendix N._

[129] There appears to have been the same difference amongst the

ancient Irish between the _Brugaidh_ and the _Biotagh_, as between the

_Bonder_ and _Landbu_ amongst the Scandinavians. The _Brugaidh_ was

originally the free or adopted member of the Clan or _Cyn_, tracing

his origin either really or theoretically to the founder of the race,

and hence entitled to his free allotment, or _duchas_, of the tribe

land; the freeholder, in short, deriving his name from his _Brugh_,

_Burh_, or separate house, just as the _Bu-ander_ (Bonder) from his

_Bu_--the _Hus-bond_; _V._ “_Hy Fiachrach_,” _passim_. The Biotagh was

the man who held his land by paying _Biodh_--_Feorm_ or _rent_--the

colonus _Geneat_ or tenant farmer, dwelling in the baille or village.

The Brugaidh might have complained, like his type the Bonder, at a

very early period, of being changed into a Biotagh or Land-Bu--made to

pay rent; when his position must have somewhat resembled that of the

Kentish _Alodiarius_ or Gaveller at the time of the Norman Conquest;

but after the English invasion all distinction between the two classes

was speedily forgotten, both merging in the _Villeinage_. In later

times, indeed, the Biotagh occasionally appears to have been of more

consequence than the Brugaidh, probably because members of the former

class might be holders of a far wider extent of land than the small

peasant proprietor, and of comparatively greater importance. Hence the

_Ard-Biotagh_, sometimes met with in the Irish annals, was probably

nothing more than “a great land-holder”,--the possessor of many

“benefices” held by payment of Biodh or rent.--_V._ Appendix _O_.

[130] _A.F.M._, 3922. The Masters attribute the institution to

_Ollamh Fodla_, into whose claims I will not enter; but it is very

evident, I think, that they alluded to an institution well known

at least in tradition. The word _Toshach_ simply means “captain”

or “leader”--_dux_; the Irish _Taisigeacht_ meaning “captaincy,”

“leadership,” or “precedency.” When the office of _dux_, originally

elective, became hereditary, according to the invariable principle of

“divided authority” so characteristic of all the Celtic communities,

it remained permanently in the family of the eldest cadet of the clan,

the Tighern farthest removed from the chieftainship. The “Captains

of Galloway” and the “Thanes of Ross” were probably known in their

native tongue as _Toshachs_--captains by right of office--for though

the oldest cadet and the thane, in his military capacity, were known

as _Toshachs_, it by no means follows that a Toshach was necessarily

either one or the other.

[131] _Reg. Magest._ _Stat. Alex._ II., c. 15. In some respects the

Irish _Oirrigh_--under-king--resembled the Mormaor; but he was a

tributary king, reigning in “right of blood,” not a royal _official_,

though in certain cases he appears to have acted as a _Maor_.

[132] _Fordun_, l. 4, c. 48. Compare _Appendix N_ (Thanes).

[133] _Reg. Prior. St. And._ p. 114.

[134] Fordun, to whom such a being as a married abbot would have been

an abomination, metamorphosed the ancestor of the royal family of

Scotland into an _Abthane_, asserting that the word _Abbas_ could only

be a clerical error for _Abthanus_, an officer whom he places over all

the king’s Thanes, l. 4., c. 43. The contemporary Tighernach, however,

Wynton, and the author of the Chronicle in the _Reg. Prior. St. And._

(_Innes_, Ap. 5), were ignorant that Crinan was known under any other

title but that of abbot, and though _Abthanages_ are to be met with in

the charters, I have never yet chanced to light upon an _Abthane_. Such

a name, in fact, would have been simply applicable to the maor of an

abbot instead of the king--the holder of an ecclesiastical Thanage.

[135] _Heimsk. Saga_ 7, c. 100 to 107. _Ork. Saga_, in _Col. de Reb.

alb._, p. 340.

[136] _Ork. Saga, Col. de Reb. alb._, p. 341.

[137] _Sim. Dun. Hist. Dun._, l. 3, c. 9. The fifth year of Canute’s

son, Harold, fell in 1040.

[138] Dyrness appears to mean Turness, in the isle of Hoy, not Durness

the north-western extremity of Sutherlandshire.

[139] Torfnes, south of Bœfiord, seems to mean Burghead on the Moray

Firth; Breida Fiord was the Dornoch Firth. The account of these

transactions is from the _Ork. Saga_, in _Col. de Reb. alb._, as

above. Kali Hundison, the name given in the Saga to the successor of

Malcolm and opponent of Thorfin, can mean no other than Duncan. _Vide_

_Appendix P_.

[140] _Innes_, Ap. 5. _Tigh._ 1040. _Mar. Scot._ 1040. Slain “a duce

suo,” writes Marianus. Tighernach adds _immaturâ ætate_, contrary to

all modern ideas of Duncan. Marianus was born in 1028, Tighernach

was his senior; their authority, therefore, at this period, as

contemporaries, is very great. _Bothgowanan_ means “the smith’s

bothy,” and under this word may lurk some long forgotten tradition

of the real circumstances of Duncan’s murder. The vision of a weary

fugitive, a deserted king, rises before the mind’s eye, recalling

“Beaton’s mill” and the fate of James the Third. Two hundred years

after his death a chaplain was appointed by his descendant, Alexander

the Second, to celebrate masses in Elgin Cathedral for the benefit of

Duncan’s soul. No allusion is made in the Saga to any alliance between

Thorfin and Macbeth, and whilst the former is described as collecting

reinforcements from Ross, Sutherland, and Caithness, Duncan retires

upon Moray as a friendly province in which he recruits his forces.

Considering the hereditary enmity between the Jarls of Orkney and the

Mormaors of Moray, it seems more probable that the ill fortune of the

young king tempted Macbeth to aspire to the crown, and to murder his

rival in “the Smith’s bothy,” where he was resting after retreating

from the field of his last defeat. In the Saga, Kali disappears after

the battle and is heard of no more, from which it would appear that the

Orkneymen and their allies had nothing to do with his death, of which

they were probably ignorant.

[141] Chalmers, who has traced in his _Caledonia_ the memorials of

these contests with all the zeal of an enthusiastic antiquary, is

angry with Pinkerton for asserting that “there is not a shadow of

authority for the Danish wars of Malcolm the Second;” remarking that

“popular tradition, with well vouched remains, are historical documents

of sufficient authority for narrative facts.” For the _facts_,

undoubtedly, but not for the _narratives_, which have been subsequently

appended. The remains, so industriously noted down by Chalmers, fully

attest the frequent conflicts occurring along the Scottish coasts with

the Northmen, but they do not prove the truth of minute descriptions of

battles unknown before the time of Boece, who wrote in the early part

of the sixteenth century.

[142] _Wynton_, bk. 6, c. 16, 18. Much needless confusion is thrown

over the period of Macbeth by raising unnecessary questions about

his birth and his rights to the crown. All the best authorities--his

contemporaries Tighernach and Marianus, and the Registry of the

Priory of St. Andrews, which records his gift to the Culdees of

Lochleven--unite in calling him the son of Finlay, the Register

describing his wife as the daughter of Boedhe, whose claims she

inherited. Another difficulty is raised because Macbeth appears as the

immediate successor of Malcolm the Second in _Sim. Dun. de Gestis_,

1034, contrary to every other authority. That this is an error, of

some transcriber apparently, is very evident, for the same Simeon, in

his History of Durham, l. 3, c. 9, calls Duncan the king of Scots,

adding that he was defeated before Durham in the fifth year of Harald’s

reign, _i.e._, 1040, and soon afterwards slain by his own subjects. The

supposed relationship between Macbeth and Duncan may have been grounded

upon the real connection between the king and Thorfin, with whom the

Moray Mormaor seems to have been confounded in more ways than one.

[143] _Reg. Prior. St. And._, p. 114.

[144] _Mar. Scot._ 1050.

[145] _Tigh. An. Ult._ 1045. The flight of Duncan’s children--mere

infants--one to _Cumbria_, the other to _the Isles_, is a fiction

founded on the ideas of the time when it first appears, three or four

centuries later. They probably remained amongst their hereditary

partizans in Atholl and the southern provinces, occupying the same

position which their cousin Lulach had done during the reign of

their father--the position of the Head of the Hy Nial, when Brian

Boru achieved the sovereignty of Ireland; or of a Duke of Bavaria or

Austria, in the olden time, when another magnate had been elected to

the empire.

[146] _Flor. Wig._ 1052.

[147] _Tigh. An. Ult. Chron. Sax._ 1054. Neither the contemporary

Irish annalist, nor the two MSS. of the Chronicle which describe the

expedition of Siward, allude to any cause for it, or note any result

beyond the immense booty obtained. They never mention the name of

Malcolm or of the Confessor, and the _MS. Cot. Tib._, B I, expressly

adds that Macbeth escaped from the battle. It remained for the writers

of the Anglo-Norman era to confound the events of two separate years

for their own purposes, and to represent Siward as the slayer of

Macbeth and the restorer of Malcolm to the throne of Scotland, at the

command of Edward the Confessor, though the Northumbrian earl died

three years before the accession of the Scottish prince. The ever ready

pen of the Prior of Belvoir, to a literal transcription of Florence,

adds the words “de se tenendum,” to complete the feudality of the

transaction; the addition resting on grounds quite as good as the rest

of the story, which almost seems to have been adapted upon the events

which occurred forty years later, in the days of Malcolm Ceanmore’s

sons, Edward standing in the place of Rufus, Siward in that of the

Atheling, and Macbeth playing the part of Donald Bane.

[148] _Tigh. An. Ult._ 1058. _Innes_, Ap. 5. Wynton is the first to

mention the popular story of Birnam Wood coming to Dunsinnan, but he

places the death of Macbeth at Lumphanan, attributing it to “a knycht

nowcht borne of wyf,” who is transformed by Boece into Macduff. As

Fife was “in the crown” in the days of Malcolm Ceanmore, who granted

the earldom to his son Ethelred, the Macduff Earl of Fife of the

fabulists--a being unknown to Wynton--must be set down as _a myth_.

Since the days of the younger Angus, the founder of St. Andrews, the

province appears to have been connected with the royal family--the

abbacy of the leading monastery of the district having been held

by Constantine the Second, just as the abbacy of Dunkeld belonged

invariably to a member of the house of Atholl--and the first earl,

who cannot be traced to the reigning family, was Dufagan or Duff, a

witness of the Foundation Charter of Scone in the time of Alexander

the First; his immediate successors being Constantine and Gillemichael

Macduff. Fife appears to have been the latest earldom held by the old

Scottish tenure, and its earls, like the earls of Atholl--a branch of

the reigning family--never appear in the ranks of the king’s enemies.

Indeed they may be looked upon in early times as premier Earls of

Scotland, with certain privileges attaching to their dignity, to

account for which the legend of Macduff was probably framed; though

it is not impossible that the earldom with its prominent position and

privileges was granted to the _historical_ Duff or Dufagan as a reward

for his assistance in restoring _the sons_ of Malcolm to the throne.

Many examples could be given of the _transposition_ of events from

one period to another. A prominent one occurs in Norwegian history,

the whole of the actions of _Olaf Tryggveson_ in England having been

transferred to _Olaf the Saint_.

[149] According to Tighernach, Lulach perished, _per dolum_, a vague

word, which may imply either treachery or simply an ambuscade. The

Latin chroniclers sometimes call him Lulach _fatuus_--the simple.

[150] Chalmers (_Caledonia_, vol. i., p. 422) maintains that Ingebiorge

could not have been the mother of Malcolm’s eldest son Duncan, as her

first husband, Thorfin, survived till 1074, and Duncan was knighted

soon after 1072, when he must have been at least fifteen years of age.

But Thorfin died “in the latter days of Harald Sigurdson,” whom his

sons accompanied as Jarls of the Orkneys to the battle of Stanford

Bridge in 1066. Malcolm was married to Margaret in 1070, Duncan was

not knighted before the death of the Conqueror, in 1087, when he must

have been more than fifteen; and as five or six years elapsed between

the death of Thorfin and the marriage of Malcolm to Margaret, I see no

reason for doubting the account of the Orkneyinga Saga, though many

for hesitating to affix the stigma of illegitimacy upon Duncan, whose

donations to Dunfermlyn are confirmed by David without any allusion to

such a bar to his right to the crown.

[151] _Sim. Dun. de Gestis_ 1061, 1065, 1066. _Chron. Sax._ 1065–66.

[152] In 1070 Malcolm held Cumberland by force (_Sim. Dun._), and it

was only in 1092 that Rufus drove Dolfin, apparently a son of Cospatric

of Dunbar, out of the province, and rebuilt Carlisle. This part of

England was not included in the Domesday Survey.

[153] _Sim. Dun. de Gestis_ 1068–9. _Hist. Dun._, l. 3, c. 15. _Chron.

Sax._ 1067–68. The dates of the Chronicle are wrong, as Easter fell on

the 23d of March in 1068, and the historian of Durham is consequently

correct. Indeed he is the first authority for the affairs of the north

at this period. William three times entered York as a conqueror. A

passage in Ordericus Vitalis is sometimes brought forward as a proof

that Malcolm sent his submission to William through Aylwin, bishop of

Durham, after the failure of the attempt of Edwin and Morkar in 1068. I

have given the reasons why I cannot concur in this opinion in _Appendix

Q_.

[154] _Sim. Dun. de Gestis_ 1069. _Chron. Sax._ 1069.

[155] _Sim. Dun. de Gestis_ 1070.

[156] _Sim. Dun._, _as before_.

[157] Marianus alludes to this famine. Compare the account of Simeon

with Domesday in Ellis’s Introduction. At the date of the Survey,

Lincolnshire contained 11,504 Socmen and 11,747 Villani and Bordarii,

whilst in Yorkshire only 447 Socmen are recorded, with 6914 of the

other classes. Yorkshire was the head-quarters of the Anglo-Danes

of Northumbria, and as the Socmen represented the old Danish

_Odal-Bonders_, there is no difficulty in recognising the real class

that bore the brunt of the northern wars, and contributed most largely

to the _emigrants_ and _outlaws_.

[158] In the beginning of the century Uchtred, the son of Waltheof,

seems to have married and put away his wives without the slightest

scruple, nor could bishop Ealdun procure a permanent husband for

his daughter Egfreda even by alienating the lands of his see in her

favour. Twice was she divorced in spite of her dowry, and neither the

bishop nor the chronicler who records these proceedings appear to have

regarded them as extraordinary. _Sim. Dun. Twysden_, p. 79.

[159] _Sim. Dun. de Gestis_ 1070. _Vit. St. Marg._ Edgar and his family

appear to have left Scotland in 1069, and to have returned thither in

the following year.

[160] Such appears to be the meaning of the expression of the

Chronicler, “he found nothing there for which he was the better,”

_Chron. Sax._ 1072. Compare _Wendover ad. an._ 1072.

[161] Edgar, according to the Chron. Sax., returned to Scotland from

Flanders in 1074, and he probably sought refuge in the latter country

at the approach of William.

[162] Lord Hailes, vol. 1, p. 17, thinks it improbable that Abernethy

on the Tay can be the place intended, from its lying out of William’s

probable route. He appears, however, to have forgotten that all the

early invaders of Scotland who combined a fleet with their land

force--and none else were successful--must have held their course

_along the coast_, or their fleet would have been useless. Abernethy,

according to Ailred, was _in Scotia_ (_Twysden_, p. 340), or beyond the

Forth, and it was exactly because William had succeeded in penetrating

into the heart of the real kingdom of Scotland that Malcolm came to

terms.

[163] _Chron. Sax._ 1072. _Sim. Dun. de Gestis_ 1072–1087. _An. Ult._

1072. It may be gathered from _Sim. Dun. de Gestis_ 1091, that Malcolm

held twelve manors of William and received a yearly payment of twelve

marks of gold, and as the kings only met once, these grants must have

been made on this occasion. The homage of Malcolm would appear to have

been _simple_ not _liege_, for he never seems to have been called upon

to perform any feudal service; whilst his subsequent repudiation of the

demands of Rufus shows that the homage was not rendered for the kingdom

of Scotland, but was simply the feudal recognition of his subsidy. In

short, the meeting appears to have resulted in a compromise, William

endeavouring to secure the peace of his northern borders by what in the

present age would take the form of a pension or subsidy, then conferred

as a feudal grant, for which Malcolm performed homage, giving up his

son as a hostage for his faithful observance of the treaty. _Vide

Appendix L_, part 2.

[164] _Sim. Dun. de Gestis_ 1072. _Malm. Gesta. Regum_, l. 3, sec. 253.

[165] _Sim. Dun. de Gestis_ 1073. _Chron. Sax._ 1074. _Malm. Gest.

Reg._, l. 3, sec. 251.

[166] _Chron. Sax._ 1077. _An. Ult._ 1085. Mr. Skene (_Highlanders_,

vol. i., p. 123) supposes, on the strength of a very ambiguous entry

in the Ulster Annals, that a certain Donald MacMalcolm, a son or

descendant of Malcolm MacMalbride, the Mormaor of Moray who died in

1029, reigned over the north of Scotland from the death of Thorfin in

1064 to his own death in 1085. It is impossible, however, that this

Donald could have been the representative of Malcolm of Moray, or he

must have been Mormaor of that province in place of Macbeth, Lulach,

and Malsnechtan, of whom the latter died in the same year as Donald,

in the peaceful possession of Moray. Neither would Donald have had

any claim upon the crown, as he was not the heir of Gruoch, and it

is impossible that he could have reigned over the north of Scotland

for upwards of twenty years, whilst his kinsman Malsnechtan, _the

real heir_, was content with the province of Moray. If the entry is

correct it is just as possible that the words “Donald, son of Malcolm

king of Scotland” may apply to a son of Malcolm the Third; but the

word _Righ_ in the Irish Annals is very ambiguous, and ought to be

translated _prince_ rather than _king_, a title which answers more to

the _Ardrigh_.

[167] _Sim. Dun. de Gestis_ 1079–80. _Chron. Sax._ 1079. _Fordun_, l.

5, c. 21. _Vide Appendix Q._

[168] _Sim. Dun. de Gestis_ 1087.

[169] _Sim. Dun. de Gestis_ 1091. _Chron. Sax._ 1091.

[170] _Sim. Dun. de Gestis_, _Chron. Sax._, and _Flor. Wig., ad an._

1091. Orderic also gives an account of this expedition--as usual

a gossiping mixture of truth and absurdity. Malmsbury (l. 4, sec.

311) says that “William performed nothing worthy of his greatness,

whilst he lost many of his men and baggage-horses.” Wendover, from

his frequent literal transcriptions of Malmsbury, must have had this

passage before him when he wrote “venientes igitur rex et frater

ejus Robertus in Angliam, acies duxerunt in Scotiam, unde Malcolmus

_nimio terrore percussus_ homagium regi fecit Anglorum, et fidelitatem

juravit,” (vol. ii., p. 37). In a similar manner “that most authentic

and valuable volume, the Book of Abingdon,” (?) expands the short

sentence in which Simeon describes the abortive invasion of Scotland by

Robert in 1080--“Cum pervenisset ad Egglesbreth nullo confecto negotio

reversus, etc.”--into the following inflated narrative:--“Verum rex

illi Lodoniis occurrens cum suis, pacisci potius quam præliari delegit.

Perinde ut _regno Angliæ principatus Scotiæ_ subactus foret, obsides

tribuit. Quo pacto inito Regis filius cum exercitu ad patrem hilaris

repedavit” (_Vide_ _Appendix Q_). When the comparative failures of

Robert and William in 1080 and 1091 are thus misrepresented--failures

which were notorious, and admitted to be so by the contemporary English

chroniclers--what degree of confidence can be attached to the inflated

descriptions of the successes of the earlier English kings, which are

to be found in the same authorities? We can only judge by _results_.

[171] _Sim. Dun. de Gestis_ and _Chron. Sax._ 1092.

[172] _Sim. Dun. de Gestis_ and _Chron. Sax. ad an._ 1093.

[173] Malcolm was evidently taken by surprise. “He sent and demanded

the fulfilment of the treaty that was promised him. And the king,

William, cited him to Gloucester, and sent him hostages to Scotland,

and Edgar Atheling afterwards and the men returned that brought him

with dignity to the king. But when he came to the king he could not

be considered worthy either of our king’s speech or of the conditions

that were formerly promised him.” Such are the words of the Saxon

Chronicler, yet Malmesbury says (sec. 311), “Malcolm came of his

own accord to Gloucester, an earnest suitor for peace on equitable

conditions, but he obtained nothing, though he was permitted to return

in safety, as the king disdained to capture by fraud one whom he had

subdued by valour.” The safe conduct and the hostages detract something

from this much vaunted magnanimity, but Malmesbury would sacrifice a

good deal for the sake of a well turned period. The assertion which

Simeon and Florence have placed in the mouth of Malcolm conveys a

valuable piece of historical information, though it does not follow

that the king spoke _feudal Latin_ because they have written it. The

presence and intervention of the leading nobles of both kingdoms at

meetings on the frontier implies the independence of both kings;

for if the king of Scotland had been the vassal of England _for

his kingdom_, he and _all his followers_ would have been liable to

have been cited to the court of their suzerain at the will of the

latter, as actually happened in the reign of William the Lion. In

the convention between Rufus and Robert, twelve barons on each side

confirmed the agreement in token of the independence of both parties

(_Flor. Wig._ 1091). In the treaty between Richard and William the

Lion four barons appear in the same way on either side (_Fœd._ vol.

i., pt. 1, p. 50); and both Scottish and English nobles invariably

affix their names to the conventions between their kings, recorded so

often in the Fœdera. In attempting to force Malcolm to submit to the

judgment of the English barons when he had come to Gloucester on an

errand of a totally different description, William appears to have

been actuated principally by overweening arrogance, though he may also

have endeavoured to found a precedent injurious to Scotland; and it is

singular to mark how nearly all the English authorities accuse Malcolm

of “a breach of faith” because he resented the conduct of William,

whilst they pass over without notice the glaring “breach of faith” on

the part of their own king.

[174] Morel was king Malcolm’s “Godsib,” or, in other words, they

had stood Godfathers together. This bond of spiritual relationship

appears to have been thought a very sacred tie in those days, and to

be unfaithful to the _Godsib_ was considered a heinous sin, at any

rate amongst the Gael; for the four Masters describe the state of the

country as peculiarly wretched when “there was no protection for Church

or Fortress, _Gossipred_ or mutual oath.” _An. F. M._ 1050, _O’Donovan_.

[175] _Sim. Dun. de Gestis_ and _Chron. Sax._ 1093. _Fordun_, l. 5,

c. 25. _Malm. Gesta Regum_, l. 4, sec. 311. Both Malmesbury and the

Saxon Chronicler imply that Malcolm lost his life by treachery, and the

account of Orderic, as usual a strange mixture of truth and error, goes

far to prove the existence of a tradition to this effect. He is next

said to have been slain at the siege of Alnwick Castle, though it is

more than doubtful if a castle then existed on the banks of the Alne.

From _Alnwick Castle_ the step was easy to the family so long connected

with that border fortress, and the Scottish king was at length said to

have been slain by a knight, who, issuing from the castle gate with the

keys on the point of his lance in token of surrender, suddenly _pierced

the eye_ of Malcolm, acquiring from this feat the name of _Pierce eye_

or Percy! About two centuries after the fall of Malcolm an improbable

story was circulated at Tynemouth, that the body of a peasant had been

palmed off upon Alexander for that of his father, _Mat. Paris Addit_,

p. 129. The writer adds that Malcolm was conquered “by order of Henry

the First,” and winds up his account of the deceit with these quaint

words “ita delusa est _Scottorum improbitas_.” The keen relish with

which he enjoys the idea of overreaching “_the Scotch rogues_” is

amusing. Pleasures of rare occurrence are sometimes supposed to be the

sweetest.

[176] Life of Margaret, ascribed to Turgot, and contained in the “_Acta

Sanctorum_, June 10.” Malcolm was obliged to put up with his losses,

but to every one else she restored twofold what she borrowed for

charity.

[177] _Twysden_, p. 367. Ailred heard this anecdote from Malcolm’s

son David. It has been transferred by some later writers to the Saxon

Edgar, the Scottish Kenneth playing the part of the guilty nobleman.

The hunt was conducted “secundum legem venandi quam vulgus _tristam_

vocat.” An open plain, encircled by a belt of wood, was the scene of

the sport; a flowery hillock in the centre the place of rendezvous for

the sportsmen; whom Malcolm placed in different commanding positions,

ready to let slip their dogs upon the game as it was driven by the

beaters from covert.

[178] The principal point which Margaret succeeded in carrying out was

connected with Lent, which the Gaelic Church kept from Quadrigesima

Sunday instead of from Ash Wednesday. The Gaelic practice was long the

universal custom, and it is still doubtful who added the four days.

Pope Gregory the Great speaks of _the thirty-six days_ of abstinence,

though some maintain that he was the first to begin Lent from Ash

Wednesday, whilst others refer the change to the time of Gregory the

Second (_Bingham_, bk. 21, c. 1), in which they are probably correct,

as the custom would otherwise have penetrated into the Gaelic Church

when it conformed to the Roman practice in the days of Nectan and

Ceolfrith. The other practices which Margaret endeavoured to reform

were--1. A reluctance to communicate on Easter Sunday. 2. Labour on

Sundays. 3. Marriage with the widow of a father or brother. 4. The

celebration of the service with _barbarous rites_, or, in other words,

in a manner to which she was unaccustomed. In the latter point she

seems to have been unsuccessful, for the Culdees still continued to

celebrate their office _more suo_ in the days of Alexander and David

(_Vide_ Margaret’s Life by Turgot, c. 2). It is worthy of remark that

Margaret seems to have made no attempt to separate the Culdees from

their wives; and as numbers of the Anglo-Saxon clergy were married

men at that time, particularly in the provinces beyond the Humber,

where the customs of the Northmen were little interfered with, it is

probable that she did not consider their manner of life contrary to

ecclesiastical discipline. The system of Hildebrand did not penetrate

into England until after the Norman Conquest. In one of his Charters

(_Ancient Laws, etc., of England_, vol. i., p. 495) William says,

“Sciatis ... quod episcopates leges, quæ non bene nec secundum

sanctorum canonum precepta usque ad mea tempora in regno Anglorum

fuerunt ... emendandas judicavi.”

[179] “At least,” says the honest historian, “the dishes and vessels

were gilt or silvered over.”--_Hailes_, vol. 1, p. 44.

[180] The _diversis coloribus vestes_ are sometimes supposed to have

been _tartan_. The earliest dresses of the Gael were stained of a

saffron colour, which was also used at one period amongst the Rajpoots.

[181] This account of Margaret is entirely taken from her life,

written by her confessor, generally ascribed to Turgot, and I think

with reason. The writer was not her confessor latterly (c. 4), and as

Turgot entered into orders in 1074 (not 1084 as Papenbroch says), and

became Prior of Durham in 1087, six years before the death of Margaret,

this would agree very well with the theory that ascribes the work to

him. It must have been written in the reign of Edgar, as the messenger

who brought the news of Malcolm’s death to Margaret was “the son who

succeeded to the king”--not Duncan, who was neither present at the

battle nor was he a son of Margaret--and as _three_ sons succeeded,

though the writer only alludes to _the son_ who succeeded, he must have

written before the second son came to the throne. _Vide_ also _Hailes’

Annals, in loc._

[182] Wherever the followers of Rufus were quartered, it was their

custom to burn everything that they could neither eat, sell, nor carry

off, whilst all that they could not drink in their orgies they either

spilled or used to wash their horses feet. “Quæ vero in patresfamilias

crudelia, quæ in uxores et filias indecentia fecerint, reminisci

pudet.” Hence the approach of the court was the signal for the wretched

inhabitants of the neighbourhood to fly to the woods, and leave their

houses to the mercy of their oppressors. Henry endeavoured to repress

the evil with the stern justice of his father, tearing out the eyes of

the perpetrators of such enormities, or punishing them by amputation of

the hands or feet. _Ead. Hist. Novell._, l. 4, p. 94.

[183] _Ead. Hist. Novell._, l. 3, p. 56. Malcolm seems to have been

fortunate in his choice between the sisters. It may have been the

influx of ladies like the Scottish princess amongst the nuns, that

introduced the use of ornamented pins and gold rings amongst the

sisterhood, with the wreathing and dressing the hair, forbidden in

several subsequent councils. The words of Matilda convict Orderic of

one of those blunders which render that chronicler such a broken reed

to lean upon whenever historical accuracy is required. He says that

Count Alan of Bretagne sought the hand of Matilda _from Rufus_, “sed

morte præventus non obtinuit,” (l. 7, p. 702). As Alan died on the 19th

October 1119 (_L’Art de verifier les Dates_, vol. ii., p. 897), it is

difficult to conceive how his death could have prevented his marriage

with Matilda, who had then been eighteen months in her grave (she died

1st January 1118), after having been the wife of Henry the First since

November 1100! Alan’s first wife died in 1090, and he re-married in

1093, before Matilda could have sought refuge in England, for Malcolm

was alive until the 13th November in that year. Alan, however, was once

a suitor for the hand of Matilda, but to her father Malcolm (according

to her own words) not to Rufus. This is the little grain of truth

which, as usual, lurks in an infinity of error; for Orderic seems to

have retailed all the gossip of the day, generally contriving to get

hold of a wrong version of the story.

[184] Matilda appears to have been very amiable, very devout, very fond

of music and poetry, very vain, and rather pretty; not a perfect, but

a feminine and loveable character, which earned her the title of “Good

Queen Maud.” The feeling which prompted her aversion to the unbecoming

black hood is easily to be traced in the character which Malmesbury

has left of her (_Gesta Regum_, l. 5, sec. 418), though the good Queen

would have forgiven serious offences sooner than the lukewarm praise

accorded by that writer to her personal charms, “haud usquequaque

despicabilis formæ.” Like most of her family she died in the prime of

life.

[185] _Wynton_, bk. 7, c. 3, l. 96, who says that Ethelred took

advantage of a mist to convey the body of his mother out of the

west gate before her death was generally known. The good prior was

as ignorant of any divine agency on this occasion as Turgot was

unconscious of any pretentions on the part of his royal mistress to

supernatural gifts; but in the account of Fordun, l. 5, c. 26, the body

of Margaret is conveyed through the host of Donald Bane under cover of

a miraculous mist “That a mist on the Firth of Forth should be held

miraculous,” remarks Lord Hailes, “must appear to the inhabitants of

the Lothians a strange example of prepossession and credulity.”

[186] Boece palliates the usurpation of Donald by attributing it to

the detestation--to use the words of his translator Bellenden--“of

the pepil at the riotus and intemperat manneris brocht amang thaim be

Inglismen;” the same high authority enumerating amongst the virtues

of David that “he ejeckit the vennomus custome of riotus cheir quhilk

was inducit afore be Inglismen.” David probably introduced the Norman

habits, for at this period the Anglo-Saxons and Anglo-Danes were

renowned for their love of “riotus cheir,” though they were hardly

the corrupters of the austere morals of the ancient Scots. Robert de

Mellent is said to have introduced the custom of one meal a day from

Constantinople, for his health as he affirmed--for his niggardliness,

as was grumblingly insinuated by the hungry Saxons, who loved to

recall the jovial days when Hardicanute set four meals a day before

his overfed dependants, and rejoiced to see the dishes carried away

full, because his followers could literally eat no more. There may have

been some truth in the complaints of the Saxons, for the Normans, with

many high qualities, were a hard and close race in all that concerned

money. “The vennomus custome of riotus cheir” among _Inglismen_ is

again attributed by Lambarde entirely to the corruptions of the Danes,

probably with equal justice; and upon their shoulders must the blame

rest, till some Yorkshireman, or other denizen of ancient _Danelage_,

vindicates the character of his ancestry at the expense of some other

scapegoat.

[187] _Sim. Dun. de Gestis_ and _Ch. Sax., adan._ 1093. Donald reigned

from Nov. 1093 till May 1094; Duncan from the latter date to the close

of the same year, and Donald again from the close of 1094 till after

Michaelmas in 1097.

[188] _Innes_, Ap. 5. _Wynton_, bk. 7, c. 3, l. 145. _Sim. Dun. de

Gestis_, _Chron. Sax._, and _An. Ult. ad an._ 1094. _Malm. Gesta

Regum_, l. 5, sec. 400.

[189] _Chron. Sax._ 1097.

[190] _Sim. Dun. de Gestis_ and _Chron. Sax. ad an._ 1097. According

to Fordun, l. 5, c. 30, the Banner of St. Cuthbert won the day, three

knights, through its aid, defeating the whole of Donald’s army!

[191] _Malm., as above._ _Innes_, Ap. 4. _Wynton_, bk. 7, c. 3, l. 108,

and c. 8, l. 49. The Prior of Lochleven tells a singular tale about

Donald, how in his blindness he enticed into his power the eldest son

of David “a gangand chyld ... and wyth tympanys sharpe set till hys

naylis ... thrystyd and swa handlyd the chyld ... quhil he deyd at the

last,” and how “the modyr than that herd the cry ... for sorow gave the

gast rycht thare.” As the latter part of the story is unquestionably

false, it may be hoped that the whole tale is a fabrication. In the

version of the same tale recorded by Orderic, the supposed murderer

is an outcast priest, a pensioner on David’s charity. _Vide Hailes’

Annals_, vol. i., p. 112, note.

[192] _Antiq. Celt.-Scand._, p. 108. _Tigh._ 1034. Gille, Jarl of

the Sudreys, was either the nephew or the brother-in-law of Jarl

Sigurd,--or both, as a marriage between an aunt and her nephew

occasionally took place in the distant north.

[193] _Tigh._ 1052, 1061. _Col. de Reb. Alb._, p. 346. _Seventy_-five

and _sixty_-five years have been given to Thorfin, but as he was five

years of age when his father fell at Clontarf in 1014, and his own

death occurred before the expedition of Harald Hardrade in 1066, he

probably died at the age of _fifty_-five, in 1064.

[194] _Chron. Man._ 1047. The dates of this Chronicle are occasionally

very inaccurate, but they are easily rectified. Godfrey Crovan

conquered Man five years after the inroad of Malcolm the Third into

Cleveland, _i.e._, in 1075.

[195] _Tigh._ 1072.

[196] _Tigh._ _An. Ult._ and _A. F. M. ad an._ 1075.

[197] _Chron. Man._ 1056. The abrogation of the Odallers’ rights

appears to have been the first step invariably taken by Scandinavian

conquerors. The result was taxation, the king or Jarl asserting his

right to the land. This division of the island was probably the reason

of the two _Deemsters_ or Judges of Man.

[198] _Chron. Man._ _An. Ult._ and _A. F. M._ 1094. Godfrey is

generally known in the Irish Annals as _Meranach_, or the Bad.

[199] _An. Ult._ 1087.

[200] _An. Ult._ and _A. F. M._ 1095. _An. Inisf._ 1078. _Chron.

Man._ “Nullus qui fabricant navem vel scapham ausus esset plus quam

tres clavos insere.” Such are the words of the Chronicle; their exact

meaning I do not pretend to understand.

[201] This account of the first expedition of Magnus is taken from the

_Heimskringla, Saga_ 11, c. 9, 10, 11. _Chron. Man._ 1098. _Chron.

Sax._ 1098. From his partiality to the costume of the Islesmen, he

obtained the name of Magnus _Barefoot_. The later Scottish Chroniclers

assert that the cession of the Isles was the price of the assistance

of Magnus, which placed Donald Bane upon the throne. He must have been

resuscitated from the grave.

[202] _Heimsk. Saga_ 11, c. 25. _An. Ult._ _A. F. M._ 1101, 1102.

According to the Chronicle of Man, Magnus sent his shoes to Murketagh,

ordering that king to carry them on Christmas day, in token of his

inferiority. The Irish chieftains were naturally indignant, but their

king replied that he was ready to eat the shoes rather than one

province of Ireland should be wasted! This singular tale was unknown

to the Norse and Irish Chroniclers; and indeed, if Magnus deserved the

epithet appended to his name, it would have been difficult for him to

send such articles of apparel to the Irish court.

[203] _Heimsk. Saga_ 11, c. 26–28. _An. Ult._ and _A. F. M._ 1103.

_Vide_ also _Antiq._ _Celt.-Scand._, p. 231 to p. 244.

[204] _An. Inisf._ 1086. _Malm. Gesta Regum_, l. 5, sec. 409.

[205] _Fordun_, l. 5, c. 34.

[206] Sim. _Dun. de Gestis_ 1107. _Ailred de Bel. Stand_ (_Twysden_, p.

344). _Fordun_, l. 5, c. 55.

[207] Ailred, in his _Genealogia Regum_ (_Twysden_, p. 367, 368),

describes the character of the three brothers, Edgar, Alexander, and

David. He also relates an anecdote which he heard from David, that

whilst that prince in his younger days was in attendance at the English

court, he received a sudden summons, when amongst his companions, to

repair to the presence of his royal sister. He found the Queen engaged

in her evening occupation of washing the feet of a number of lepers,

and pressing the feet of each leper to her lips as she completed the

ceremony. Matilda invited her brother to follow her example, but he

excused himself, not unnaturally expressing a doubt whether the royal

Henry would approve of the manner in which his Queen bestowed her

favours. Matilda did not press the subject, and David rejoined his

companions. Wendover has copied this anecdote, dating it in 1105.

[208] _Wynton_, bk. 7, c. 5, l. 21 to 62. _Fordun_, l. 5, c. 36. _Lib.

de Scone_, ch. 1. I have principally followed the account of Wynton.

It was evidently the object of Alexander to bring the men of Moray

and Mærne to an engagement where his mounted followers could act with

effect, whilst it was equally the aim of his enemies to attack the king

at a disadvantage, which they calculated upon doing if he attempted

to cross by the usual ford. It was from no mere reckless bravado that

Alexander swam across, at an unguarded spot probably, and at full tide,

when he was least expected, thus out-manœuvring the enemy and falling

upon them in the open country. Swimming a river was no uncommon feat

amongst the heavy-armed soldiery of those days. Robert of Gloucester

swam the Trent before the battle of Lincoln, when the fords were

impassable from floods. Fordun (or Bowyer), frightened perhaps at the

idea of the king and his men-at-arms swimming the Moray Firth, places

the battle at the Spey, and divides the honour of the feat with Sir

Alexander Scrimgeour. He and Boece are eloquent about the escape of

Alexander from the treachery of one of his chamberlains in league with

the enemy; but Wynton knew nothing of the tale, which probably rests

on a very doubtful foundation. Mr. Skene (_Highlanders_, vol. i., p.

129) has attributed the attack on Alexander to Ladman, a son of Donald

Bane, on the strength of the following entry in the Ulster Annals under

the year 1116. “Ladmunn M. Dom. h ... righ Alban killed by the men of

Moray.” But Ladman son of Donald, _grandson_ of ... king of Alban, can

scarcely be a description applicable to a son of Donald Bane; and the

word now lost must have been the name of Ladman’s _great grandfather_,

not the _designation of his father_. Donald Bane appears to have left

no son, for both Wynton and the Comyn pedigree in the Fœdera, represent

Bethoc as his heiress. Ladman also appears to have been at enmity with

the Moraymen; but who or what he was must remain a matter of conjecture.

[209] _An. Ult._ 1093. Fordun supplies four bishops _elect_ between

Fothadh and Turgot; but of “Gregory, Cathrey, Edmar, and Godric,”

Wynton, a canon of St. Andrews, and well read in the archives of the

see, was profoundly ignorant. The words of the old MS. quoted in

Selden’s preface to Twysden p. 6, “Electus fuit Turgotus ... et stetit

per annos septem. In diebus illis totum jus Keledeorum per totum regnum

Scotiæ transivit in Episcopatum St. Andriæ,” imply that a great change

was brought about at this time.

[210] The appointment of the Archbishop of Lyons to be Metropolitan

over Tours, Rouen, and Sens, by Hildebrand, in spite of the opposition

of the bishops of those Metropolitan sees; and the elevation of

Toledo into the Metropolitan see of Spain, by Urban II., without in

any way consulting the wishes of the Spanish clergy, may be quoted as

instances. The state of the Papacy in the early part of the eleventh

century had been scandalous. In 1012 Benedict VIII. obtained the see

through the influence of his kinsman the Marquis of Toscanella, one of

a family which had influenced the elections of the bishops of Rome for

upwards of a century. His brother John XIX. fairly bought the Papacy,

and was in the same day a layman and the head of the Roman Church.

Similar means obtained the election of his nephew, Benedict IX., a

mere child, who after scandalizing Rome with his excesses, retired in

favour of Gregory VII., who was in turn deposed for simony on account

of the bribe by which he procured the abdication of Benedict. The

latter then again reappeared to contest the popedom with two German

bishops, Clement II. and Damascus II.; and after their deaths the

Romans appealed to the emperor against the threatened intrusion of

Benedict for the third time, and the papacy was conferred upon Leo IX.

In allusion to the influence of Hildebrand, his great friend the Bishop

of Ostia wrote the following lines:--

Papam rite colo, sed te prostratus adoro; Tu facis hunc Dominum, te

facit ille Deum.

[211] The reply of William was very characteristic of the great Norman:

“Homage neither have I sworn, nor will I swear it, for I never promised

it, nor can I find that my predecessors ever performed it to yours.”

Though perfectly respectful to the Pope, he said, “If ever monk of my

land carry plaint against his sovereign lord I’ll have him hanged on

the tallest tree in the forest.”

[212] “Il n’y avoit pas de Royaume qu’il ne prétendit être tributaire

du saint Siege, et pour le prouver, il ne craignoit point d’alléguer

des titres qui se conservoient, disoit-il, dans les Archives de

l’Eglise Romaine, mais qu’il n’osa jamais produire.” Such are the

words of the Benedictine editor of “L’Art de verifier les Dates.” The

Donation of Constantine was first openly brought forward in the letter

of Leo IX. to Michael Patriarch of Constantinople, written in 1054, and

it was one of the causes of the separation of the Greek Church. It is

a fair specimen of the supposed contents of “the Archives of the Roman

Church.”

[213] The manner of choosing a bishop, and the abuses which had sprung

up in such elections, are nowhere better described than in a letter of

Apollinaris Sidonius, written about 470. (_Epist._ l. 4. _Ep._ 25.)

[214] The “Pharoahs” of the age of Innocent were the temporal princes,

whom the same Pope elsewhere describes as subordinate moons revolving

round the papal sun, and deriving all their light from that luminary.

[215] _Sim. Dun. de Gestis_ 1074 (p. 207). Like Boece, Stubbs, a stout

partizan of York, writing at the close of the fourteenth century,

was far better informed than the contemporary chronicler of all the

circumstances of this dispute. _Twysden_, p. 1712, _et seq._

[216] The deprecatory answer of Thomas to Anselm is very characteristic

of the age, “The money which I had collected for coming to you--and

it was a large sum for my means--was all spent at Winchester, where

I stopped too long. I then hurried home to scrape together some more

to send to Rome for my pallium,” adding, “and I am still seeking for

money, but very little can I find, except _at a grievous rate of

interest_,”--a complaint alas! common to those in the Archbishop’s

circumstances in every age. _Ead. Hist. Nov._, p. 98.

[217] _Sim. Dun. de Gestis_ 1109.

[218] _Sim. Dun. de Gestis_ 1074 (p. 207), 1115.

[219] “Eligente eum clero et populo terræ, et concedente Rege,” are the

words which seem to have rather puzzled Lord Hailes (_Annals_, vol. i.

p. 63, _note_). But all bishops were originally supposed to have been

chosen in this manner; though it is probable that the rights of the

“clerus et populus” were at this time as exclusively possessed by the

Culdees as they were subsequently vested in the Chapter.

[220] “Nolebat enim ecclesiam Cantuarensem anteferri ecclesiæ Sancti

Andreæ de Scotia:”

[221] _Ead. Hist. Nov._, l. 5, p. 117, 130–135.

[222] _Ang. Sac._ ii. 234, quoted in Hailes’s _Annals_, vol. i., p. 66.

“He said that nothing would be so conducive to soften the barbarity

of the Scots, promote sound doctrine, and establish ecclesiastical

discipline, as _a plentiful and hospitable board_.”

[223] _Ead. Hist. Nov._, l. 6.

[224] _Sim. Dun. de Gestis_ 1124. Four months before his own death,

_i.e._, in December 1123.

[225] _Reg. Glasg. Inquisitio Davidis._

[226] _Ead. Hist. Nov._, l. 5, p. 124–126. “Romanos in causam suam, quo

in quæque negotia pertrahi solent, largitatis officio transtulit,” are

his words; and on another occasion he says, “literas ab ipso Calixto,

more quo cuncta Romæ impetrantur, adeptus fuerat.” In short, Eadmer

is continually insinuating the venality of the papal court, though

of course the practice of corrupting the Roman clergy was strictly

confined to the partizans of York, and never extended to the purer

clergy of Canterbury. The latter, however, are represented in a very

different light in the pages of the Yorkist Stubbs, who does not

hesitate to charge them with forgery and the perpetration of every

species of dishonesty against the immaculate clergy of York. Henry the

First stands out in honourable relief, for when Pope Calixtus pressed

him to break his promise to the Archbishop of Canterbury, assuring the

king that he would grant him absolution, Henry replied with dignity

“that it would be inconsistent with the honour of a king to agree to

any such proceeding; for who would put any faith in a promise, if

the royal example taught them how easily it could be set aside by

absolution.”

[227] _Sim. Dun. de Gestis_ 1122, 1123. _Chron. Mel._ 1123. On the 25th

of April 1174, Pope Alexander III. declared Glasgow to be “Specialem

filiam nostram nullo mediante.” _Reg. Glasg._, No. 32. Hence in after

times “the two great grievances of the bishops were being forced to

admit to benefices or pensions upon the dictation of the pope, and the

liability to be summoned on church cases out of the kingdom.” _Vide

Preface to Reg. Glasg._, p. 28.

[228] _Sim. Dun. de Gestis_ 1122, 1124. _Fordun_, l. 5, c. 40, 41.

_Malm. Gesta Regum_, l. 5, sec. 400.

[229] _Lib. de Scone_, No. 1. Six earls attest the charter; Heth

(written through a clerical error _Beth_) of Moray, Madach of Atholl,

Malise of Strathearn, Dufagan of Fife, and Gartnach and Rory, who may

be assigned to Angus, Mar, or Buchan. Heth appears to have married the

sister of Malsnechtan (for his successor, Angus, is described as the

son of Lulach’s daughter, _An. Ult._ 1130), and thus to have inherited

and transmitted the claims of the line of Kenneth MacDuff. He must have

been an inveterate opponent of the reigning family, as his son Malcolm

is described by Ailred as “the inheritor of his father’s hatred.” The

real descent of the Stewarts was well known as late as the fourteenth

century, when Richard Fitz-Alan, Earl of Arundel in 1336, sold the

Stewardship of Scotland to Edward III., a transaction which was

confirmed by Edward Balliol (_Tiernay’s Hist. of Arundel_, vol. i., pp.

193, 299, _notes_). The sale was of course a political fiction, founded

on the assumed forfeiture of the Scottish branch of the earl’s family,

through which their hereditary office was supposed to have reverted to

their English connections. The real king and the pseudo-king united in

the joint exercise of an act of shadowy sovereignty--a joint protest

of their claims as vassal king and overlord of Scotland--the sole

substantial gain, the purchase-money, falling to the earl; though, had

the Plantagenets succeeded in conquering Scotland, the transaction

would have become a reality, and the ancestry of the hereditary Earls

Marshal of the present day would have lost their claim to supplant the

ancestry of the reigning sovereign. The father of _Alan_ was Flahald or

_Fleald_, a name which reappears under the familiar form of “_Fleance_,

son of Banquo, Thane of Lochaber.”

[230] The reign of Edgar has been occasionally regarded as the era of

a thorough _Saxonizing_ of all Scotland, except the Highlands; but

with respect to this opinion I can only use the words which Father

Innes applies to the laws of Aodh Fin--“De hisce...... _altissimum apud

scriptores nostros silentium_.” If _Thane_ and _Thanage_ are supposed

to be, not Saxon _names_ applied to Scottish institutions, but actual

Saxon institutions introduced beyond the Forth, it should be explained

why the Saxon Thane was as totally different a character from the

Scottish Thane as _Thane-land_ was from a Thanage. The Saxon held by

military service--_cnicht_-service, an expression scarcely traceable

to Normandy; the Scot by _Scottish_ service and rent--in _fee-farm_.

Why also is only one Thane traceable in the Lothians, if all the Thanes

came from the Saxons? Compare _Appendices N and R_.

[231] _Chron. Sax._ 1124, calls David Earl of Northamptonshire. If this

authority is correct, he must have held that earldom as guardian of the

younger St. Liz, who was Earl of Northampton at the date of his death

in 1153.

[232] _Malm. Hist Nov._, l. 1, sec. 1–3. _Chron. Sax._ 1126–7. The

chroniclers of that age call the empress Alicia, oftener than Matilda;

perhaps to distinguish her from Stephen’s queen.

[233] _Vide_ preceding chapter, p.184, note.

[234] _Chron. Sax._, _Chron. St. Crucis_, _Chron. Mel._, and _An. Ult._

1130. _Ord. Vit._, l. 8, p. 701–3. The Saxon Chronicler declares Angus

to have been “all forsworn.” The account of Orderic is, as usual,

a strange mixture of truth and error. As Heth witnessed the first

Dunfermlyn charter in company with Constantine Earl of Fife, who died

in 1128, he must have survived David’s accession; and it was possibly

on the death of the Moray chieftain that his sons broke out into

rebellion.

[235] _Ailred de Bel. Stand._ p. 344. _Chron. Mel._ 1134. “Deinde cum

cohortibus suis jam triumpho elatis fugientes avidé insecutus est, et

Morafiam defensore dominoque vacantem ingressus est, totumque regionis

spaciosæ Ducatum, Deo auxiliante nactus est.” Such are the expressions

of Orderic relating to the course pursued by David after Stickathrow.

There is no allusion to Malcolm suffering the usual barbarities

inflicted on state prisoners, so it is to be hoped, for David’s credit,

that he escaped all such tortures.

[236] _John and Rich. Hexham_ 1136. _Hen. Hunt._, l. 8, p. 222.

_Malm. Hist. Nov._, l. 1, sec. 12. Lingard has no authority for

saying that “David claimed Cumberland as having formerly belonged

to the heir-apparent of the Scottish kings,” c. 11, note 13. There

is no allusion to any claim except upon Northumberland (in right of

his wife), and this was waived at the time for the fiefs of Carlisle

and Doncaster. Strictly speaking, the Scottish royal family never

appear to have held the _Earldom_--or rather perhaps _Comitatus_--but

the _Honour_ of Huntingdon. A grant of the “_tertius denarius de

placitis_,” seems generally to have entitled its holder to the earldom

at this period, whilst the holder of an honour was “overlord”--or

constable--of a number of knights and barons; for all the tenants of

an honour held by military service, and with manorial rights. It was

in the power of the king, however, to grant the dignity of an earl,

or attach the dignity to any fief, without reference to the “tertius

denarius.” _Vide Appendix L_, pt. 2.

[237] _Malm. Hist. Nov._, l. 1, sec. 13. There is some uncertainty

about David’s age, and Lord Hailes, a little rashly, finds fault with

Malmesbury for writing about “the approach of age.” But as David

_survived_ Malmesbury, the latter would hardly have written what was

not true, in such a trifling point, about one who was then living.

Neither Alexander nor David appear to have taken any prominent part

in the events immediately occurring after the death of their father;

but David was old enough to assist his brother Edgar in 1097 by his

_astutia_ (_Gesta Regum_, sec 400). Forty years later he must have been

nearer sixty than fifty.

[238] _John and Rich. Hexham_ 1136. Ranulph was the son and heir of

Ranulph le Meschines, who obtained a grant of Cumberland, probably

about the time when Rufus restored Carlisle. John of Hexham, under

1150, says, “Remisit indignationem quæ Karleol sub _patrimoniali_ jure

reposcere consueverat.”

[239] _John and Rich. Hexham_ 1137. _Malm. Hist. Nov._, l. 1, sec. 17.

[240] The _Germans_ of Richard of Hexham were probably mercenaries

from the Low Countries, whose services were then, and long afterwards,

at the disposal of the highest bidder. They were generally known as

_Reiters_; and these free companies probably supplied many of the

_Flandrenses_ and _Flamingi_ of the Scottish charters.

[241] “In curiâ contra patrium morem captus,” are the words of

_Ailred_, p. 343. Eustace appears to have been in the actual

performance of the services by which he held the fief; and in strict

feudal justice he ought not to have been deprived of the fief until he

had failed to render such service.

[242] The speech which Ailred has attributed to Walter Espec is

valuable on account of many historical allusions which it contains; but

it is not to be supposed that on such an occasion the speaker would

stop to weigh his words, especially as it was his object to raise the

courage of his own men by depreciating the Scots. Strict historical

accuracy is hardly to be expected at such a time, even if we are to

regard such speeches as real, and not the composition of the chronicler

himself.

[243] The continuator of Florence of Worcester relates this fact.

[244] _Lavernani._ The district known as the Lennox, or _Levenach_, was

called so from the river Leven, and from the lake which was originally

named _Loch Leven_, and afterwards (from its principal mountain) _Loch

Lomond_. _Lavernani_ is evidently a clerical error for _Levenani_; as

_Linenath_ in the Fœdera is a mistake for _Levenach_.

[245] The meeting between the king and the two barons took place

immediately before the battle, according to Ailred. John of Hexham

writes that they met on the Tees, which David crossed a few hours

before the commencement of the engagement.

[246] Such appears to be the meaning of Ailred’s description of the

English position. The monkish chroniclers are seldom very clear in

their accounts of battles. The species of standard used in this battle

was well known in the Italian wars.

[247] Compare _John and Rich. Hexham_ 1138. _Ail. de bel. Stand. Flor.

Vigorn. Contin._ 1138. _Hen. Hunt._, l. 8, p. 222. In the description

of the battle I have principally followed Ailred. A comparison between

the Priors of Hexham and the Continuator of Florence, will show the

difference between the chronicler who lived in the neighbourhood of

the scenes he describes, and he who, a tenant of a distant monastery,

probably relied upon hearsay evidence. The battle of Northallerton was

naturally a disagreeable subject for the Scottish chroniclers. Wynton,

with characteristic honesty, says “the Scottis ware discomfyt and mony

... in depe lowchys drownyd was.” Fordun, Major, and Buchanan, divide

the battle into two, perhaps from some confusion with the fight at

Clitheroe. At the battle of Northallerton the English are routed; but

in the following year the Scots, through despising their enemy, who

are in great numbers, receive a check at the Standard. Boece, with a

soul above such half-measures, stoutly claims a victory, ransoming the

English leader, _the Duke of Gloucester_, at an enormous sum! _Ford._,

l. 5, c. 42. _Maj._, l. 3, c. 11. _Buch._ l. 7. _Boece_, bk. 12, c. 17.

[248] By old, and probably universal, custom, every freeman was bound

to attend the “hosting across the frontier” once every year in arms. By

Charlemagne’s law, all holders of benefices were bound by their tenure

of military service to come, and all _Frank-allodial_ proprietors of

three, four, or five _mansi_ (or _hydes_); every proprietor of an

amount less than three _mansi_ combining with others, so that the

lowest on the list, the proprietor of half a _mansus_, in conjunction

with _five_ others (_i.e._, making up _three mansi_) equipped one of

their number for the army. The equivalents of this latter class amongst

the English seem to have formed the _gemeinred_ or yeomanry. A less

numerous, but a better armed, and probably a more orderly body of men,

would be furnished by the Imperial law than by the older custom, which

was preserved in Scotland under the name of _Scotticanum servitium_,

sometimes known as _forinsecum servitium_ (_Reg. Morav. Cart. Orig._

13), the _Sluagh_ or “hosting beyond the frontier.” The muster of the

Highland clan in later times, including “Native men” as well as “Duine

Uasal,” answered to the old _Sluagh_. The expressions _Inware_, and

_Utware_, are sometimes used, the former answering, apparently, to the

Welsh “Llwyd yn Wlad,” or hosting _within_ the borders; the latter

to the “Llwyd yn Orwlad,” or hosting _beyond_ the borders. It may be

gathered from _Reg. Morav. Cart. Orig._ 17, that “Scottish service” was

rendered on foot and without defensive armour. “Non habemus jus habendi

aliquod servitium de domino Willelmo de Moravia nisi _forinsecum

servitium Scotticanum_ domini regis ... et secursum ac auxilium quod

nobis in defensione regni per potenciam suam _armigerorum et equorum et

armorum_ fecit ex libera voluntate sua.” The Thane of Tullibardine had

assisted his lord, the Earl of Strathearn, with men-at-arms, horses,

and armour, which he was not bound to do in return for his Thanedom,

held by Scottish service alone. The arms required for Scottish service

were probably those with which the Clans Hay and Qwhele fought on

the North Inch (_Reg. Morav._, p. 382), bows, axes, swords, and

daggers, with the addition of the long Scottish spear. The arms of the

native Irish in the days of Cambrensis appear to have been a spear,

two javelins (resembling the old German _framea_), and a formidable

battle-axe introduced by the Northmen. They gloried in fighting without

defensive armour, like Earl Malise.

[249] _J. and R. Hexham._ _Ailred_, as above.

[250] The Bishop of Glasgow was not present at the dedication of his

own Cathedral Church on 17th July 1136. _Vide Reg. Glasg._, ch. 3, in

which his name does not occur.

[251] Edgar, a natural son of Earl Cospatric, and Robert and Uchtred,

sons of Maldred, were the offenders on this occasion--all Saxon names,

and from the Lothians apparently, so that for once at any rate those

scapegoats, the Picts of Galloway, may be acquitted from blame.

[252] _J. and R. Hexham_ 1138. The 10th and 11th November, and 3d

March, are all festivals of St. Martin. The truce probably extended to

the latest date, for Alberic did not bring the subject before Stephen

until Christmas, _after_ the other dates.

[253] _J. and R. Hexham_ 1138.

[254] _J. and R. Hexham_ 1138. “Fœminca calliditate atque protervitate

instante,” are the words of Prior Richard.

[255] _J. and R. Hexham_ 1139. The hostages were the sons of Earls

Cospatric and Fergus, of Hugh de Moreville and of _Mac._ and _Mel._

(supposed to mean Macduff of Fife and Malise of Strathearn), whom

Prior Richard calls five earls of Scotland. Moreville was hardly an

earl, though he was probably amongst those greater barons who had “the

freedom and custom of an earl.” _Assize Dav._ 16.

[256] _Hen. Hunt._, l. 8, p. 223. _J. Hexham_ 1141. All the occurrences

in John of Hexham after 1140 are misdated one year, owing to the

insertion of the passage “Anno MCXLI. Calixtus Papa concilium Remis

instituit xiii. Kal Nov.” This council was held in 1119. Thorstein,

whose death is placed in 1141, died on Thursday 8th February 1140, and

the battle of Lincoln was fought in the following year.

[257] _J. Hexham_ 1142. The name has been changed into _Oliphant_.

[258] _J. Hexham_ 1143–45. _Fordun_, l. 5, c. 43, confounding William

Comyn the Chancellor, with William the Treasurer, Archbishop of York,

relates his supposed death by poison, with a rather ambiguous comment

of his own, “Hic Willelmus Comyn Archiepiscopus Eboracensis, ad missam

suam in ecclesiâ Sancti Petri a ministris altaris pecuniis corruptis,

venenis potionatus est; qui licet venenum videret in calice nihilominus

illud fide fervens sumpsit, _et non diu post supervixit, Deo Gratias!_”

[259] _J. Hexham_ 1150. _Hen. Hunt._, l. 8, p. 226. _R. Hoveden_ 1148,

p. 280.

[260] It is singular how Wimund has been confounded, by nearly every

historian down to the present day, with Malcolm MacHeth. Newbridge, who

relates his adventures at length, l. 1, c. 23, 24, and who had often

seen him in his blindness and captivity at Biland, merely says that he

was born at some obscure spot in England, and pretended to be “a son

of the Earl of Moray.” Ailred (quoted in _Fordun_, l. 5, c. 51) also

alludes to him as an impostor, “Cum misisset ei Deus inimicum quemdam

pseudo-episcopum qui se filium Comitis Moraviensis mentiebatur,” and

again (Dominus regem) “monachi cujusdem mendaciis flagellavit.” But

in l. 8, c. 2, Fordun treats MacHeth himself as an impostor, “erat

enim iste Malcolmus filius MacHeth, sed mentiendo dicebat se filium

Angusii Comitis Moraviæ.” Here begins the confusion; but it can be

clearly shown that Wimund and MacHeth were totally different persons.

Malcolm MacHeth, “the heir of his father’s hatred,” was captured in

1134 and confined in Roxburgh Castle until 1157, when he was liberated

by Malcolm the Fourth and attested one of the Dunfermlyn Charters

(_Ailred_, p. 344. _Chron. Mel._ 1134. _Chron. St. Crucis_ 1157.

_Reg. Dunf._ No. 40). Wimund could not have gone to Rushen, at the

very earliest, before the year of its foundation, 1134; he was a monk

before that date, and could not have been made bishop until after the

imprisonment of MacHeth. From an entry in Wendover under 1151, “Eodem

anno Johannes ..... factus est secundus antistes Monæ insulæ .....

Primus autem ibi fuerat episcopus Wimundus ..... sed propter ejus

importunitatem privatus fuit oculis et expulsus,” it may be gathered

that the career of Wimund was brought to a close _at least six years_

before the liberation of MacHeth, and the Bishop of Man, who probably

enacted his singular vagaries about 1150, may have personated the son,

the brother, the nephew, of the _real claimant of the earldom_--or

even that very claimant--but it is impossible to identify him with the

solitary captive in Roxburgh Castle without attributing to one, or

both, ubiquity.

[261] _J. Hexham_ 1152. In the words of Newbridge (l. 1, c. 22),

“aquilonalis regio, quæ in potestatem Domini regis Scottorum _usque ad

fluvium Tesam_ cesserat, per ejusdem Regis industriam in pace agebat.”

Wynton, therefore, was justified in saying (bk. 7, c. 6, l. 241), “In

swylk dissentyowne De kyng Dawy wan till his crown All fra the Wattyr

of Tese of brede North on till the Wattyr of Twede, And fra the Wattyr

of Esk the Est, Til of Stanemoor the Rere-Cors West.” The Esk was the

river flowing into the sea at Whitby, and Stanemoor is on the borders

of Yorkshire, Durham, and Westmoreland. As late as 1258 a bishop of

Glasgow claimed jurisdiction as far as “the Rere-Cross,” and singularly

enough he was an Englishman (_Chron. Lanerc._ 1258). Camden (_Brit._,

p. 987) mentions the Brandreth Stone in Westmoreland as a meer-stone

between Scots and English; but it probably was only a boundary of the

lands held by the Scottish kings near Penrith. Alice de Rumeli was the

daughter of William Meschines and Cecilia de Rumeli, who founded the

Priory of Emmesey, which Alice removed to Bolton. _Vide_ Bolton Priory

Charters, _Dugd Monas_, vol. 6, p. 203. William of Egremont lost his

life through his greyhound pulling him over “the Strides.”

[262] _Chron. St. Crucis_ 1152. _J. Hex._ 1153. _Newbridge_, l. 1, c.

23. _Ailred (Twysden)_, p. 368. _Fordun_, l. 5, c. 43. _St. Bernard

Vit. Mal., quoted by Hailes_, vol. i. p. 103, _note_.

[263] Malcolm was born in 1141, William in 1142, and David in 1143.

Fordun, in l. 5, c. 43, places David before William, but in l. 6, c.

1, David is rightly called the younger son. Wynton has been wrongly

accused by Lord Hailes of countenancing this mistake, for he says

nothing of the kind. “Sownys thre on hyr he had, Malcolme, Wyllame, and

Dawy,” are his words; and though he subsequently calls William “the

yhowngare brodyr,” it is only with reference to Malcolm. bk. 7, c. 6,

l. 144–5, 353–65.

[264] _J. Hex._ 1153. _Jorval, quoted in Lytt. Hist._, vol. ii. p. 243.

[265] _Fordun_, 1. 5, c. 55, sec. 9. From c. 45 to c. 60 he is quoting

Ailred, the friend and contemporary of David and his son Henry, and the

principal authority to whom I am indebted for most of the features of

the private character of the king.

[266] _Act. Parl. Scot. As. Dav._, 24, 30. _Fordun_, as above.

[267] _Fordun_, as above. _Malm. Gest. Reg._, l. 4, sec. 400. _As.

Dav._, 26–29. Strictly speaking most of the agricultural laws are

in the assize of William, and the statutes of Alexander the Second;

but many of the laws of these kings are to be regarded as simply the

enforcement of principles of policy laid down by David and his brother

Alexander.

[268] There is an allusion to the University, and the Rector of the

Schools of Abernethy, in the Confirmation Charter of Admore. _Reg.

Prior. St. And._, p. 116.

[269] _Vide_ also _Appendix R_.

[270] _Act. Parl. Scot Assiz. Will._ 3, 4, 16. The northern limits of

Scottish Argyle were identical with those of the subsequent Sheriffdom

or modern county. Argyle in Moravia, or northern Argyle, was afterwards

in the Sheriffdom of Inverness and earldom of Ross. The lands of

Dingwall and Fern-Croskry in “the county of Sutherland,” were made over

to the Earl of Ross by Robert Bruce in 1308. (_Acta, etc._, p. 117).

The name of _Dingwall_ tells of the Norsemen, and Ross is frequently

claimed for the Jarls of Orkney in the Sagas. In fact, the kings of

Scotland at a certain period seem to have favoured their pretensions in

this quarter as a counterpoise to the power of the Moray family.

[271] In Stat. Alex. II. 2, _Gavel_, or _Cavel_, is the word used for

“holding,” and _Loth and Cavil_, Share and Holding, occur in the Burgh

Laws. All the authorities for what is here advanced will be found in

_Appendices D, E, F, and N_. The tenure of the West Saxon “Ceorl upon

Gafol-land,” seems to have been very similar, if not identical, with

that of the Celtic Gavel.

[272] The Irish _Adbhar_ probably answered to the Welsh _Aelodeu_, or

all the members of a family within the fourth degree.

[273] In 1275–6 Alexander II., and subsequently, in 1372, Robert II.

confirmed a grant by which Niel, Earl of Carrick, had conferred upon

Roland de Carrick, “ut ipse et heredes sui sint capud tocius progenie

sue, tam in calumpniis quam aliis articulis et negotiis ad _Kenkynoll_

pertinere valentibus,” with the office of Bailliary (Seneschalship) of

the Earldom of Carrick, and “_the leading of the men thereof_,” under

the earl and his heirs (_Robertson’s Index_, 134. 6). The earldom

went to Niel’s grandson, Robert Bruce. So MacDougal of Dunolly, the

male heir of the _de Ergadia_ family, was hereditary Bailie of Lorn.

“The MacDuff” seems also to have been the next of kin to the Earl

of Fife for the time being. The office of Tanist must have become

obsolete when the heir was declared by the Probi homines of the Visnet

instead of by the Kin. A royal grant, very similar to that of the Earl

of Carrick, was in one celebrated case the cause of a feud lasting

for centuries. As the _Toshach_ seems originally to have been the

second personage in the clan, so the _Senior_ often appears to have

monopolized the ecclesiastical preferment. The kings of the MacAlpin

race were Cowarbs of St. Andrews; of the Atholl family, Cowarbs of

Dunkeld; the Earls of Ross were descended from “Mac-in-Sagart”--the

priest’s son--and it is highly probable that the older chiefs of

Clan Chattan and representatives of Gillie-Chattan-More were also

“Cowarbs of St. Chattan.” When the clan, after the breaking up of

the confederacy of Donald Balloch, made its peace with the king, the

headship was, for some unknown reason, conferred, not on the _Senior_,

but the _Toshach_, and accordingly a constant state of hostility

existed between the Captain of Clan Chattan by royal grant--“the

Mac-in-_Toshach_”--and the claimant of the chieftainship by right of

blood--“the Mac-in-_Pherson_,” filius personæ, or son of the Cowarb.

The Macphersons are neither mentioned amongst the “Landislordis and

Bailies,” nor “the Roll of Clans” appended to “the General Band;” but

only amongst “the brokin men of the surname of Macinpherson.” (_Col.

de Reb. Alb._, p. 35, _et seq._) Nothing but the tenacity with which

the “old Clan Chattan” clung to their “chiefe” (_do._, p. 207) could

have prevented a family, representing, probably, the ancient line of

MacHeth, from sinking to the condition of _Og-tiernach_ under a junior

branch.

[274] _Grand Coutumier_, c. 30. _Vide Appendix D._

[275] _Act. Parl. Scot. As. Wil._ 9.

[276] _Lib. de Beneficiis._

[277] _Appendix D._

[278] _Chron. Lanercost._ 1268.

[279] _Stat. Alex. II._ 1. It shows how stationary--or rather

retrograde--was the condition of Scotland in consequence of the

disastrous English wars, and the weakness of the sovereign authority at

a later period, that in the reign of James I., two hundred years after

Alexander endeavoured to settle the agricultural population, a statute

was passed to prohibit the lords spiritual and temporal from removing

from their lands “colonos et husbandos pro anno futuro,” unless they

required the land “ad usos suos proprios.”--_Act. Jac. I._, 1429; _Act.

Par. Scot._ vol. 2, p. 17.

[280] _Reg. Morav._ No. 76. _Assize Wil._ 28.

[281] Reg. St. And. quoted by Pinkerton, _Inquiry_, _Appendix_ 7, pt.

2 s. 3. Such were the Irish Charters in the Book of Kells (_Miscell._,

I A S, vol. 1, No. x., p. 127), the Welsh in the Book of Llandaff, and

the Memoranda in the _Reg. Prior. St. And._, p. 113, _et seq._

[282] _Assize Dav._ 26–28. For examples of _Manred_, _Vide Col. de Reb.

Alb._, _passim_. The word is often written _Man-rent_, but the tie had

nothing to do with _Rent_ or any species of tenure. The _red_ is simply

a termination, as in gossip-_red_, gemein-_red_, equivalent to the

modern _ry_ in such words as infant_ry_, caval_ry_.

[283] _Ini_, 36·50. _Edg. II._ 5. _C.S._ 18. The _Vicarius_ seems to

have been the original deputy of the Frank Graphio, and the _Gingra_,

or junior, of the king’s Ealdorman, _Alf._ 38. Both were replaced by

the royal _Vicecomes_ and _Gerefa_; amongst the Franks probably when

the _Comes_ became a hereditary noble instead of an official.

[284] _Stat. Alex. II._ 5. _Reg. Dunf._, No. 79. Amongst the privileges

of the Earls of Fife was numbered the _Lex Clan Macduff_, by which

“when ony man-slayer being within the ninth degree of kin and bluid

to Macduffe, sumtime Earle of Fife, came to that croce (the cross of

Macduff ‘above the Newburgh beside Lundoris’), and gave nine kye and

ane colpindach, he was free of the slauchter committed be him.” It

saved the life of Hugh de Arbuthnot as late as 1421 (_Innes’s Sketches

of early Scottish History_, p. 215, _note_ 1). It was probably a relic

of the old “right” once belonging to every _Mormaor_ or _Oirrigh_, of

retaining all his kindred in his _mund_; for amongst the rights of

the Welsh _Brenhin_ were all causes appertaining to the crown, king,

or _royal family_. Another right belonging to the Welsh king was the

patronage of all the abbeys, which, though not retained by the Earls of

Fife, was certainly vested in those of Strathearn.

[285] _Assize Wil._ 3, 4. _Reg. Dunf._, Nos. 13, 23, 43, 45, 56. I

have rendered _Probi homines_ by Proprietary. _Probus_ has passed into

the French language as _Preux_; probus homo, as _Preud-homme_. They

are continually found in the Frank laws and capitularies as _Meliores

pagenses_, the class furnishing the _Scabini_, the _Mediocres_ of some

of the other early laws. In _burghs_ they were the class from which

echevins, bailies, and aldermen were chosen. They represented the

leading members of all that part of the _communitas_ which was not

comprised in the clergy, greater barons, and royal officials, answering

very much to the class from which in modern times--whether _in burgh_

or _upland_--the grand jury, magistrates, and members of Parliament are

supposed to be chosen. Amongst the old Saxons the _Scepenbar_ man--he

who was qualified to be chosen for a _Scabinus_--was required to be

“probus, prudens, indigena, ingenuus, et quatuor avis natus, liber et

opulentus;” in other words, the qualifications for a _Probus homo_ were

supposed to be birth, property, and character. In the old Scottish laws

the _probus homo_ is always rendered “good man”--and the _gude-man_ is

still the equivalent of “the master” in a certain class--the _probus

homo et fidelis_, “the good man and true,” being a man of a class

superior to the simple _fidelis_ or “_leal man_.” The _good_ equally

appears in his equivalents amongst the Welsh,--the _Gwr dha_ “bonus

homo;” and amongst the Spaniards--the _Hidalgo_, “fijos d’algo,” or

“filius boni hominis.” Amongst the Northmen he appears seemingly as

the _Danneman_, and amongst the Irish Gael as the _Saoi_. The Scabinus

derived his name from the same source as the _Scop_; both were

_Makers_--to use the old English word answering exactly to ποιητης--and

in times when an unwritten code was preserved in the memory by such

verses as “the father to the bough, the son to the plough;” by a

sort of _memoria technica_ like the Welsh Triads; or by a quaint

system of question and answer, as is traceable amongst the Irish; the

qualifications to constitute a good “law maker” may have often produced

a good “maker” of poetry.

[286] 14 _Edwd. III._, _Stat._ 1, c. 7. In Scotland the same tendency

to act by deputy is observable as on the Continent, and the Lord

Justice _Clerk_ and Lord _Clerk_ Registrar--the deputies of the

Justiciary and Registrar--appear in the place of their principals, just

as in the case of the sheriff-depute.

[287] _Assize Dav._ 18. _Will._ 6.

[288] _Assize Dav._ 14, 15. I have adopted the reading of the Ayr MS.;

xx.^{ix}. instead of xxix., as 180 cows--nine times twenty--were paid

as _manbote_ for homicide throughout _Scotia_. According to the other

reading, the fine for homicide “in the king’s gryth” would have been

less than elsewhere. _Vide Act. Parl. Scot._, vol. 1, p. 3.

[289] _Assize Will._ 13. This was known as _Berthynsak_. Cases of this

description and _Blodwite_--petty thefts and assaults--long continued

to be tried in the lesser courts.

[290] _Assize Dav._ 33. _Wil._ 11. _Leg. Wil. Conq._ 1, 28. For the

Hundred, _vide Appendix F_.

[291] _Thorpe’s Ancient Laws, Ed._ 1. _Ath._ I. 10, 12, 24, v. 10.

_Edm. C._ 5. _Edg. Sup._, 3, 4, 5, 6, 8, 10. _C. S._, 24, and Gloss

in voc _Team_. By the laws of Edward and Athelstan none were to buy

or sell except “in Port,” and before the Port-Reeve; but after the

institution of the Hundred, purchases and sales might be made, in

conformity with the legal forms, in the _upland_ as well as _in burgh_.

The regulations about warranty first appear in the laws of Kent, the

king’s _Wic-gerefa_ of Lunden-_wic_ being the personage in authority,

the king’s hall in the _wic_, the place of trial. _H. and E._ 16.

[292] _Wootton Welsh Laws_, l. 2, c. 4; l. 5, c. 5, s. 79, 80. _Leg.

Wil. Conq._, 1, 21. _Lex. Sal. Tit._ 49. _Assize Wil._ 5. The Frank

_Hamallus_ was the “super quem res primitus agnita fuerit, vel

intertiata,” the “third hand,” apparently, of the Welsh bargain. From

the Conqueror’s laws it would appear that the Norman _Hemold-borh_ was

not identical with the _Getyma_, but he was a character of a similar

description. As late as the seventeenth century, the _Borch Hamel_ was

well known in the Scottish Highlands, and no cattle was bought without

“sufficient caution of burgh and hamer.” _Innes’ Sketches, etc._, p.

382, _note_ 1.

[293] _Assize Wil._, 3, 4, 5, 16. _Lex. Sal. Tit._ 49. _Leg. Hen. I._

xli. The Welsh gave, for finding witnesses, three days within the

Commot, nine if in the neighbouring Commot, and a fortnight beyond that

distance or across an estuary.--_Wootton_, l. 2, c. 10.

[294] _Assize Wil._ 18.

[295] _Assize Dav._, 1, 13, 16. _Wil._ 20. _Slat, Alex. II._ 4. The

_three Thanedoms_ are evidently the same as the _three Baronies_, so

continually met with in later laws. Both are evidently counterparts

of the “three _tuns_” amongst the Anglo-Danish confederacy of Mercia,

and the “three _Dorfern_” amongst the Saxons, with whom it was lawful,

“if a theft be committed _hand-habend_, or a robbery in which the

offender is taken, to choose a Go-graf” from at least _three villages_

(_Dorfern_), “and they shall form a court and judge the case, provided

the judge who has the office in fee (belehenten Richter) cannot be

had.” _Leg. Eth. III._ 15, and _Sach. Spieg._, l. 1, c. 55, quoted in

_note d_. The fine of 34 _cows_ is called in William’s laws (14), the

thief’s _wergild_. By a law of Chlovis whoever saved a man from the

gallows paid his wergild.

[296] _Eth. I._ 1. _Wil. Conq._, I. 11. _Leg. Hen._, I. lxvi., 8–10.

_Lex. Sax. Tit._ 2. As the penalties of this period, when not capital,

were invariably fines, it is probable that the expression “a pound

oath,” or “swearing for so many hydes,” meant that the compurgator,

like the modern bail, was to be up to a certain point “a man of

substance.”

[297] _Lib. de Ben._ 98.

[298] _Assize Wil._ 15. This was not the result of “Celtic barbarism;”

for two centuries after the reign of William the Frisons still claimed

their right to “blood for blood.” _Leg. Fris. Tit._ 2, n. 5, (Canc.)

_Vide_ also _Appendix E_.

[299] _Lex. Sax. Tit._ 2.

[300] According to the laws of Athelstan, iv. 7, the simple ordeal

of water was to take a stone out of boiling water as deep as the

wrist; the triple ordeal deepened the water to the elbow. The ordeal

of iron was to walk nine feet over hot iron; sometimes to carry it,

probably the same distance. In all cases the hand or foot was bound

up and inspected three days afterwards. If it had healed, the man was

pronounced innocent. The ordeal of cold water was the _dyke-pot_, to

which poor wretches accused of witchcraft were too often subjected.

[301] _Velleius Paterculus_, l. 2, c. 118 (quoted by Blackstone).

[302] _Assize Wil._ 7. _Ath._ v. 8. I. 11.

[303] A passage in the laws of Childeric ad an. 550, somewhat

unintelligible indeed, seems to point to this, where, in reference to

the “duodecim juratores,” it is said, “Propterea non est sacramentum in

Francis, quando illi legem composuerunt, non erant Christiani.” _Pertz.

Leg._, vol. 2, p. 6, c. 4. The only meaning I can make out of it is,

“For this cause there is no oath amongst the Franks--no provision for

compurgation in their code--when they made their laws they were not

Christians.” The passage has rather a colloquial form, like the Welsh

Triads or the Irish laws, so often framed in question and answer;

pointing to an age in which the law was not written but committed to

memory.

[304] On such occasions, by Welsh law, if an _Alltud_ joined in the

combat to make up the necessary number of combatants, and escaped

with life, he ranked as a _full-born_ member of the kindred for whom

he had entered the lists. In the battle on the North Inch of Perth

thirty men appeared on each side, armed with bows, axes, swords, and

daggers, but without defensive armour. The number resembles the triple

oath of “three Thanes and twenty-seven leil men,” by which the lord of

the prison from which a thief escaped was bound to clear himself; the

equipment was probably that required in the old “Scottish service.” It

is generally supposed that the contest was for the chieftainship of the

Clan Chattan, but it seems very doubtful that this was the case. The

oldest account of the battle, which took place on 28th September 1396,

is contained in a memorandum in the _Reg. Morav._ p. 382, which says

that thirty of the _Clan Hay_ fought thirty of the _Clan Qwhwle_ “quia

firma pax non poterat intra duas parentelas.” Four years previously,

in the second year of Robert III., the latter clan had figured as the

_Clan Qwhevil_ under _Slurach_ and his brothers, in the raid upon

Angus, celebrated by _Wynton_, bk. ix., c. 14. _Act. Parl. Scot._, V.

1, p. 217. They were the victors, and the Clan Hay disappears for ever;

but the _Clan Chewill_ figures in a Roll of Clans of the sixteenth

century as a distinct family from the Clan Chattan and Macphersons.

_Col. de Reb. Alb._, p. 39.

[305] _Heimsk. St. Olaf. Saga_, c. 76, 80.

[306] _Capit. Carl. Mag. Pertz. Leg._, vol. 1, p. 121.

[307] _Arch. Adm. de Rheims_, vol. 1, p. 35. The seven assessors of

the Graphio seem to have been originally known as _Rachimburgii_,

who, according to _Edict. Chilp._ 7 (_Pertz. Leg._, vol. 2, p. 10),

were to be “Antrustiones boni credentes.” They were afterwards known

more generally as _Scabini_, and numbered twelve in the Carlovingian

era. _Cap. Leg. Sal. Add. ad an._ 819, 1, 2, (_Do._ vol. 1, p. 227).

_Vide_ also _Ap. Form. Marc. Canc._ vol. 2, p. 247, _note_ 3. The

number of compurgators appears to have been occasionally _seven_ as

well as twelve (_Cap. Add. Leg. Rip. ad an._ 803, s. 10. _Canc._ vol.

2, p. 320), and a similar number is also sometimes assigned to the

mystic “Peers of Charlemagne,” a body which perhaps may have owed its

creation to some confused idea in later times that the Graphio and his

assessors were but the reflection of “nostrum placitum generale.” The

_Sagibaro_ seems to have been of a lower class than the _Rachimburg_ or

_Scabinus_, for the latter was necessarily an Antrustion or nobleman,

the former if _ingenuus_ was raised to this rank by his office, and

might be a _Lœt_ (V. Wergilds). As any cause decided by the three

_Sagibarones_ could not be reopened before the Graphio, it is evident

that they sat in the lesser Courts. _Lex. Sal._ 56.

[308] _Canc_, vol. 1, p. 236. _Magn. Chart._ II., s. 39, 52. No freeman

was to be dispossessed of his freehold, liberties, or customs, “nisi

per legale judicium parium suorum vel per legem terræ.” The former

still continues to be the privilege of the “Majores Barones,” or House

of Lords, the latter belongs to the “Minores Barones,” or the rest of

“the Community.” Had not the old “judicium per pares” been superseded

in the case of “the Community” by the “Jugement del Pais,” the _Pares_

would now be counted by millions!

[309] _Leg. Ath._, iv. 6. _Eth._, iii. 3, 13. The _Folk-mote_ was

probably the meeting of the whole people in early times, but after

a king’s Ealdorman presided at it, it was surely only a meeting of

the _Folk_ under his special jurisdiction. It is last alluded to

in the laws of Athelstan, being replaced probably by the biennial

_Shire-gemote_ provided by Edgar’s laws, in which the Bishop and

the Ealdorman were the leading personages (_Edg._ ii., 5. C.S. 18).

These _Moots_ had nothing whatever to do with the government of the

kingdom, which was vested in the king and his _Witan_,--his Court or

Privy Council, not his Parliament; for the voice of “the Community”

was unheard in the _Witanagemote_. Self-government up to a certain

point is traceable in the institutions of this period, but not beyond

it. The Londoners might choose their Tything-men and manage their own

affairs, but the right to do so was laid down in “the ordinance which

the Bishops and _Reeves_ belonging to London ordained;” the Reeves

being appointed by the Crown, and Bishops, Reeves, and Ealdormen being

answerable for holding the _Frith_ “as _I and my Witan have commanded_”

(_Ath._ v. 11). It is in vain to attempt to trace the germs of the

English parliamentary system in the Anglo-Saxon Witan. Our modern

Parliament was gradually developed out of the right, acknowledged by

“Norman feudalism,” of the whole community of freeholders to gather

round the sovereign. The _Majores Barones_ still exercise the right,

once belonging to the whole community, of assembling in person; the

lesser barons, and the rest of the community, whether _in burgh_ or

_upland_, assemble by their representatives, chosen originally by “the

Reeve;” but from the reign of Henry IV. (who appears to have finally

carried out the intentions of his grandfather, after a lapse of thirty

years), by all freemen of a certain standing. The government of a

king and his Witan--his Court or Privy Council--could only have been

developed in course of time into, either a powerful but irresponsible

despotism, or a feeble monarchy torn by the dissensions of a few

powerful magnates contending for the real power. Such was the phase it

assumed in England, unless the history of that period is gravely in

error.

[310] _Wootton_, l. 4. _Triad_ 85.

[311] Malcolm IV., according to John of Hexham, was chosen in an

assembly of this description, or rather, as amongst the Germans in the

days of Tacitus, the assembly ratified the choice of their Seniors.

“Tollens igitur _omnis populus terræ_ Malcholmum ... apud Scotiam,

_sicut consuetudo illius nationis_ ... constituerat regem pro David avo

suo.” _J. Hex._ 1154.

Scotland under her early kings, Volume 1 (of 2) · 第 19 / 20 章