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5 - Charter Writing and the Exercise of Lordship in Thirteenth-Century Celtic Scotland

Published online by Cambridge University Press:  17 March 2023

Anthony Musson
Affiliation:
University of Exeter
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Summary

Towards the middle of the thirteenth century Earl Maoldomhnaich of Lennox granted to Sir David de Graham the carucate of land called Muckraw which had formerly been held of the cleric Luke. The gift also included authority for Sir David to hold his own court, and extensive rights in ‘cultivated and uncultivated lands, woods, plains, mills, stanks, fishponds, waters, roads, paths, meadows, pastures, moors and marshes'. In return he obligated Sir David to perform the king's military service whenever required, as well as suit of the earl's three annual capital courts. Maoldomhnaich also undertook to warrant his grant against any future claims to the land. The charter concludes with a long witness list made up chiefly of local notables, and appended to it, though now unfortunately lost, was the earl's seal.

Several years before this gift, Maoldomhnaich had established Gillemichael, Gillemartin and Gillecondad, the three sons of his man, Gillemichael, in the land of Bandry, ‘with all the islands anciently pertaining to it, namely Inch Darrach, Inch Connachan, Inch Moan and Inch Cruin, that is, from ‘Cledheame’ to Bandry, free of any secular or servile obligation, with the said Gillecondad constituted protector and lord over the land of Bandry'. After the death of the brothers Gillemichael and Gillemartin the land and all its pertinents were to pass to Gillecondad's heirs alone, who were to hold it free of all service except only for the payment of a roe-buck and a doe, to be delivered to the earl every year at Easter. This charter concludes with a brief witness list of three local men.

These grants of Earl Maoldomhnaich represent two quite distinct manifestations of lordship. The first deed is redolent of the features characteristic of virtually all charters from almost anywhere in the Anglo-Norman world of the mid-thirteenth century. The text of the second is more hastily improvised and less markedly formal in its use of language. In contrast to the charter in favour of Sir David de Graham it includes no clause of warrandice, a very brief witness list and, although it does make mention of the place where, as well as the feast day on which, the grant was effected, it does not indicate the year in which the gift was made. There are several other examples of both styles of charter in the materials that survive from the time of Earl Maoldomhnaich.

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Publisher: Boydell & Brewer
Print publication year: 2001

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