A Short History of Scotland. Lang Andrew
BURGHS
David and his son and successor, William the Lion, introduced a stable middle and urban class by fostering, confirming, and regulating the rights, privileges, and duties of the already existing free towns. These became burghs, royal, seignorial, or ecclesiastical. In origin the towns may have been settlements that grew up under the shelter of a military castle. Their fairs, markets, rights of trading, internal organisation, and primitive police, were now, mainly under William the Lion, David’s successor, regulated by charters; the burghers obtained the right to elect their own magistrates, and held their own burgh-courts; all was done after the English model. As the State had its “good men” (probi homines), who formed its recognised “community,” so had the borough. Not by any means all dwellers in a burgh were free burghers; these free burghers had to do service in guarding the royal castle – later this was commuted for a payment in money. Though with power to elect their own chief magistrate, the burghers commonly took as Provost the head of some friendly local noble family, in which the office was apt to become practically hereditary. The noble was the leader and protector of the town. As to police, the burghers, each in his turn, provided men to keep watch and ward from curfew bell to cock-crow. Each ward in the town had its own elected Bailie. Each burgh had exclusive rights of trading in its area, and of taking toll on merchants coming within its Octroi. An association of four burghs, Berwick, Roxburgh, Edinburgh, and Stirling, was the root of the existing “Convention of Burghs.”
In early societies, justice is, in many respects, an affair to be settled between the kindreds of the plaintiff, so to speak, and the defendant. A man is wounded, killed, robbed, wronged in any way; his kin retaliate on the offender and his kindred. The blood-feud, the taking of blood for blood, endured for centuries in Scotland after the peace of the whole realm became, under David I., “the King’s peace.” Homicides, for example, were very frequently pardoned by Royal grace, but “the pardon was of no avail unless it had been issued with the full knowledge of the kin of the slaughtered man, who otherwise retained their legal right of vengeance on the homicide.” They might accept pecuniary compensation, the blood-fine, or they might not, as in Homer’s time. 5 At all events, under David, offences became offences against the King, not merely against this or that kindred. David introduced the “Judgment of the Country” or Visnet del Pais for the settlement of pleas. Every free man, in his degree, was “tried by his peers,” but the old ordeal by fire and Trial by Combat or duel were not abolished. Nor did “compurgation” cease wholly till Queen Mary’s reign. A powerful man, when accused, was then attended at his trial by hosts of armed backers. Men so unlike each other as Knox, Bothwell, and Lethington took advantage of this usage. All lords had their own Courts, but murder, rape, arson, and robbery could now only be tried in the royal Courts; these were “The Four Pleas of the Crown.”
As there was no fixed capital, the King’s Court, in David’s time, followed the King in his annual circuits through his realm, between Dumfries and Inverness. Later, the regions of Scotia (north of Forth), Lothian, and the lawless realm of Galloway, had their Grand Justiciaries, who held the Four Pleas. The other pleas were heard in “Courts of Royalty” and by earls, bishops, abbots, down to the baron, with his “right of pit and gallows.” At such courts, by a law of 1180, the Sheriff of the shire, or an agent of his, ought to be present; so that royal and central justice was extending itself over the minor local courts. But if the sheriff or his sergeant did not attend when summoned, local justice took its course.
The process initiated by David’s son, William the Lion, was very slowly substituting the royal authority, the royal sheriffs of shires, juries, and witnesses, for the wild justice of revenge; and trial by ordeal, and trial by combat. But hereditary jurisdictions of nobles and gentry were not wholly abolished till after the battle of Culloden! Where Abbots held courts, their procedure, in civil cases, was based on laws sanctioned by popes and general councils. But, alas! the Abbot might give just judgment; to execute it, we know from a curious instance, was not within his power, if the offender laughed at a sentence of excommunication.
David and his successors, till the end of the thirteenth century, made Scotland a more civilised and kept it a much less disturbed country than it was to remain during the long war of Independence, while the beautiful abbeys with their churches and schools attested a high stage of art and education.
CHAPTER VI. MALCOLM THE MAIDEN
The prominent facts in the brief reign of David’s son Malcolm the Maiden, crowned (1153) at the age of eleven, were, first, a Celtic rising by Donald, a son of Malcolm MacHeth (now a prisoner in Roxburgh Castle), and a nephew of the famous Somerled Macgillebride of Argyll. Somerled won from the Norse the Isle of Man and the Southern Hebrides; from his sons descend the great Macdonald Lords of the Isles, always the leaders of the long Celtic resistance to the central authority in Scotland. Again, Malcolm resigned to Henry II. of England the northern counties held by David I.; and died after subduing Galloway, and (on the death of Somerled, said to have been assassinated) the tribes of the isles in 1165.
Ambition to recover the northern English counties revealed itself in the overtures of William the Lion, – Malcolm’s brother and successor, – for an alliance between Scotland and France. “The auld Alliance” now dawned, with rich promise of good and evil. In hopes of French aid, William invaded Northumberland, later laid siege to Carlisle, and on July 13, 1174, was surprised in a morning mist and captured at Alnwick. Scotland was now kingless; Galloway rebelled, and William, taken a captive to Falaise in Normandy, surrendered absolutely the independence of his country, which, for fifteen years, really was a fief of England. When William was allowed to go home, it was to fight the Celts of Galloway, and subdue the pretensions, in Moray, of the MacWilliams, descendants of William, son of Duncan, son of Malcolm Canmore.
During William’s reign (1188) Pope Clement III. decided that the Scottish Church was subject, not to York or Canterbury, but to Rome. Seven years earlier, defending his own candidate for the see of St Andrews against the chosen of the Pope, William had been excommunicated, and his country and he had unconcernedly taken the issue of an Interdict. The Pope was too far away, and William feared him no more than Robert Bruce was to do.
By 1188, William refused to pay to Henry II. a “Saladin Tithe” for a crusade, and in 1189 he bought from Richard I., who needed money for a crusade, the abrogation of the Treaty of Falaise. He was still disturbed by Celts in Galloway and the north, he still hankered after Northumberland, but, after preparations for war, he paid a fine and drifted into friendship with King John, who entertained his little daughters royally, and knighted his son Alexander. William died on December 4, 1214. He was buried at the Abbey of Arbroath, founded by him in honour of St Thomas of Canterbury, who had worked a strange posthumous miracle in Scotland. William was succeeded by his son, Alexander II. (1214-1249).
Under this Prince, who successfully put down the usual northern risings, the old suit about the claims to Northumberland was finally abandoned for a trifling compensation (1237). Alexander had married Joanna, daughter of King John, and his brother-in-law, Henry III., did not press his demand for homage for Scotland. The usual Celtic pretenders to the throne were for ever crushed. Argyll became a sheriffdom, Galloway was brought into order, and Alexander, who died in the Isle of Kerrera in the bay of Oban (1249), well deserved his title of “a King of Peace.” He was buried in Melrose Abbey. In his reign the clergy were allowed to hold Provincial or Synodal Councils without the presence of a papal Legate (1225), and the Dominicans and Franciscans appeared in Scotland.
The term King of Peace was also applied to Alexander III., son of the second wife of Alexander II., Marie de Coucy. Alexander came to the throne (1249) at the age of eight. As a child he was taken and held (like James II., James III., James V., and James VI.) by contending factions of the nobles, Henry of England intervening. In 1251 he wedded another child, Margaret, daughter of Henry III. of England, but Henry neither forced a claim to hold Scotland during the boy’s minority (his right if Scotland were his fief), nor in other respects pressed his advantage. In February 1261-1262 a girl was born to Alexander at Windsor; she was Margaret, later wife of Eric of Norway. Her daughter, on the death of Alexander III. (March
‘Iliad,’ xviii. 496-500.