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LAND, LAW AND PEOPLE IN MEDIEVAL SCOTLAND

C y n t h i a J . N e v i l l e

Land, Law and People in Medieval Scotland

For Stephen

with love and thanks

Land, Law and People in

Medieval Scotland

Cynthia J. Neville

EDINBURGH UNIVERSITY PRESS

© Cynthia J. Neville, 2010

Edinburgh University Press Ltd 22 George Square, Edinburgh www.euppublishing.com

Typeset in Minion and Gill Sans

by Servis Filmsetting Ltd, Stockport, Cheshire and printed and bound in Great Britain

by CPI Antony Rowe, Chippenham and Eastbourne

A CIP record for this book is available from the British Library

ISBN 978 0 7486 3958 8 (hardback)

The right of Cynthia J. Neville to be identified as author of this work has been asserted in accordance with the Copyright, Designs

and Patents Act 1988

Contents

 

Acknowledgments

vi

 

Introduction

1

Part I Land and law

 

1.

Baronial courts in Scotland, 1150–1350

13

2.

The perambulation of land

41

3.The development of ‘trust in writing’: written documents and

seals in Scotland, 1100–1300

72

Part II Land and people

4.Managing the Strathearn estates: the Muschamp inheritance,

1243–1322

113

5. Peasants, servitude and unfreedom in Scotland, 1100–1350

147

6.The social space of Scottish lordship: finding friendship in

written source materials, 1100–1400

186

Conclusion

206

Bibliography

212

Index

240

 

 

 

 

 

Maps

 

Scottish earldoms and major lordships, c. 1100–c. 1400

viii

The Strathearn–Muschamp inheritance in the late thirteenth century

114

Acknowledgments

In the course of writing this book I incurred a number of debts, some professional, some personal, all meriting recognition. A generous research grant from the Social Sciences and Humanities Research Council of Canada made it possible for me to undertake several visits to UK archives between 2005 and 2008. I received financial support also from the Society of Antiquaries of Scotland. In the fall of 2006 a month as a Mayers Research Fellow at the Huntington Library in San Marino, California offered me access to an important collection of hard-to-find printed source materials. I spent the late winter and spring of 2007, while on sabbatical leave from Dalhousie, at University College Durham as the Leonard Slater Research Fellow. The Master, Maurice Tucker, the College Fellows, and members of the Department of History more generally went out of their way to make me a part of a vibrant community of scholars and students. Versions of some of the chapters in this book were first presented at conferences held in Canada, the United States, England and Scotland, and I benefited immensely from the helpful suggestions that a host of colleagues offered me in all these venues. I wish to thank Keith Stringer especially for allowing me to read pre-publication versions of some of his forthcoming work and for the generous support that he has consistently given me over the course of my career. I would be negligent indeed if I were to omit thanking the staff of the many libraries and archives that I visited in the last four years. The people who work in the Document Delivery Department at Dalhousie University’s Killam Memorial Library dealt with my (never-ending!) requests for interlibrary loan materials with diligence and unflagging patience. I very much appreciate the assistance of the archivists and members of the Reading Room staff at the National Library of Scotland and the National Archives of Scotland, who have welcomed me back to Edinburgh warmly every summer for as long as I can remember. In particular, I wish to mention Kenneth Dunn at the NLS, who went out of his way to help me navigate a series of intractable inventories and to locate important charter materials. Linda Amichand, from Archival and Special Collections at the University of Guelph Library, offered enthusiastic assistance in helping me to secure a copy of a charter of Duncan IV earl of Fife. Thanks, too, to Esmé Watson

vi

acknowledgments

at EUP and to Eliza Wright for her editing. Last, but by no means least, I wish to acknowledge the love and support of my husband, Stephen. Over the years he has always demonstrated a keen interest in my research, and his good humour has done much to carry us through the frequent absences from home that my work requires.

vii

land, law and people in medieval scotland

Scottish earldoms and major lordships, c. 1100–c. 1400

viii