CONTENTS.

-

Andrews-the Abbey of Scone-Benedictines of the

unreformed rule of St. Bernard-Abbey of Dunferm-

line-Disputes about coal-levels between Dunfermline

and Newbattle-Benedictines of Tiron-Abbey of

Kelso-Cell of Lesmahago-Great Charter of Kelso-

Abbey of Arbroath-Brecbennach-Cluniac Benedic-

tines-Abbey of Paisley-Chartulary of Paisley-

Pedigree of the Royal Stewarts-Abbey of Melrose-

Royal Charters preserved by this house-Deathbed

letter of Robert Bruce-Newbattle Abbey-Cistercians

-Knights Templars-Knights of St. John of Jerusa-

lem-Heads of Monasteries sat in Parliament-Officers

of the Monastery Abbot- Prior- Sub-Prior-

Cellarer Porter Friars Dominicans (Friars

Preachers) Franciscans (Friars Minors)-Carmelites

-Nunneries-Augustinian Nuns of Sciennes-Nuns

of St. Clare Hospitals-Their intention-Seculars-

Government and discipline of the Church-Notice of

Statuta Ecclesiæ Scoticana-Bishoprics in Scotland—

Archbishopric of St. Andrews-Suffragans of St. An-

drews: Dunkeld, Aberdeen, Moray, Brechin, Dunblane

or Stratherne, Ross, Caithness, Orkney Islands -Arch-

bishopric of Glasgow-Archdeaconry of Glasgow pro-

per Deaneries of Rutherglen, Lennox, Lanark, Kyle

and Cuninghame, Carrick-Archdeaconry of Teviot-

dale Deaneries of Teviotdale, Peebles, Nithsdale,

Anandale Suffragans of Glasgow: Galloway, Ar-

gyle (Deaneries of Cantyre, Glassary, Lorne, Mor-

ven), the Isles-How bishops appointed-The Pope's

usurpation of patronage of Bishoprics-Constitution

of the Chapter of Cathedrals-Dignified Canons :

Dean Archdeacon - Official - Precentor or Can-

tor-Song-schools-Chancellor-Treasurer-Numer-

ous inferior dignitaries-Rural dean-Prebendaries-

Distinction between vicarii stallarii and vicarii parochiales

-

Property of the Church Mensal churches

Common churches-Parson or Rector-Appropria-
tion-Impropriation-Great and small Tithes-Other
sources of church revenue-Temporality-Spirituality

xi

PAGE

-Church rentals-Chartularies-Bagimond's Roll-

Valuation of benefices-Registers of Bishoprics—

Printed Chartularies of Monasteries-Monastic Regis-

ters still in MS.-Lost registers-Chartulary-Dis-

tinction between rectorial and vicarial Tithes

Valuation of Vicarages-Valuation of Tithes-Settle-

ment of Tithes-Church Foundations- Collegiate

Churches-Soltra-Trinity College, Edinburgh-Kirk

of Field-Restalrig-Corstorphine-Crichton-Dal-

keith Roslin Commendator Mitred Abbot

Curate-Titular-Grant of ecclesia-Can and conveth

-Pleas at Dull-Dedications of churches,

-

PAGE

. 161

-

V.-OLD FORMS OF LAW.

Institutions common to the whole Anglo-Saxon peoples

omitted-Compurgation-Judicium Dei: Ordeal of

hot iron, of water, wager of battle-Church and

Crown procedure-Jury trial originated in Church

courts Juries in use in England and Scotland

about the same time-Jury trial in its infancy—

Brieves from the Ayr MS. and Bute MS.-Case of

Monachkeneran-Lay process-The King at first

judging in person-Royal Brieves addressed to the

sheriffs-Inquests upon the Brieves-Early Juries-

Appeals Auditores causarum et querelarum - Acta

dominorum concilii domini regis-Court of Session-

Early subjects of controversy-Notice of Brieves for

compelling payment of debts-Implement of contracts

-Brieves of mortancestry, of novel diseisin, of recog-

nition, of perambulation, of partition, of ward —

Brief de nativis et fugitivis-Brief of emancipation—

Brief to compel payment of church rents-Brief against

excommunicates and apostates-Brief limiting the

jurisdiction of the Church-Brief prohibiting process

in Consistorial Court concerning a lay tenement-

Brieves concerning Seisin, Terce, Dowry, Tutory-

Brief to compel friends to support a pauper-Brief to

-

CONTENTS.

distinguish between aforethocht felony and chaude melee

-Brief of right-Brief in re mercatoria-Brief ordering

inquiry as to the disease of sheep-Brief for putting

down cruives-Civil and Church Courts-Jurisdiction

of the civil magistrate maintained by the Scotch Kings

-The Consistorial Court-Its extensive jurisdiction

-Henryson's Fable,

xiii

PAGE

. 209

VI.-RURAL OCCUPATION.

Early information chiefly from religious houses--Rental of

Monastery of Kelso, A.D. 1290-Teviotdale husbandry

-Measures of Land: Oxgate-Husbandland-Plough-

gate Crops cultivated-Vehicles used-Roads and

bridges-Flocks and herds-Wool, the great produce

-The Grange or homestead-Inhabitants of the

Grange: Native, Neyf or villein-Cottar-Husband-

man-Services performed and rent paid-Description

of horse-load-Exemption of women from field labour

-Stuht equivalent to steel-bow-Kindly tenants of the

Abbey-Church vassals, their condition and privi-

leges-Mills and brewhouses-their rents-Lands

granted for support of bridges-Public burdens-

Military service from a ploughgate in 1327-Early

contract of lease, A.D. 1312-Its language-Conditions

of the lease-Rental of the Bishopric of Aberdeen,

A.D. 1511-Services and rents-Rent of a ploughgate

in the parish of Clatt-Parish of Fetternear-Con-

ditions of Subletting-Rent of a croft-Rent of a

mill-Forest of Glenrinnes reserved "to my lord"

the Bishop-Good neighbourhood-Improvements by

tenants-Runrig-Rent of the foggage of the forest

of Birss-Rent in kind for the farm of Dulsak-

Rental of the barony of Forbes 1532-Measures of

land-Good neighbourhood-Office of "birleymen❞—

Rent of a ploughgate-Customs-Number of tenants

on a ploughgate-Disappearance of the nativi-Rental

of the Gordon estates, A.D. 1600-Holdings in joint

255-256

xiv

-

-

-

CONTENTS.

occupancy-Maill or silver-maill-Ferme-Customs

-Mart-Reek-hen-Ells of cloth-Specimens of

rentals-West Highland tenants-Rent of a plough-

gate in a Highland parish (Kingussie)-Rent of a

ploughgate in a Lowland parish (Bellie)-Teinds-

Fishings-Cattle and sheep-Leases-Sub-tenancy—

Report on the Perth forfeited estates, 1762-Classes

of Sub-tenants: Bowman-Steel-bowman-Pendicler

Cottar Crofter

- Rental of

Dry-house-cottar

Struan, 1755-Items of rent-Souming-Rouming—
Excessive population in the Highlands-Old Extent
-Money measures established by this valuation—

Money extent of a ploughgate-Where money mea-

sures of land most used-Davach of land: a divi-

sion chiefly found in the North-Eastern Shires-

Terra ecclesiastica-Etymology of Davach-Its ex-

tent The "Aucht-and-forty Dauch of Huntly"—

Earliest marks of national taxation - Ploughgate,
oxgate, marks of taxation? Money measures of
land (poundland, markland, shillingland, pennyland,
farthingland) more likely-Money measures found on
the West-The valuation, whether for tax or rent
on the West Coast and Isles, in money-The oldest
Island rental preserved-Valuations in merks or mul-
tiples of merks-The rental of the Bishopric of the
Isles-Rentals of Orkney and Shetland-No measure
of land, agricultural or pastoral, there-Orcadian
customs-Attempt to balance agricultural against
money divisions-One oxgate=13 acres-4 oxgates=
one pound of Old Extent-40 shilling land of Old
Extent one ploughgate-1 merkland 34 acres,

=

=

PAGE

241

VII. BOOKS.

Plea for the Study of Records-Guide books for the
study: Diplomata et Numismata Scocia-Kemble's
collection of Anglo-Saxon Charters-Thorpe's collec-
tion of the Ancient Laws of England-L'Art de

CONTENTS.

vérifier les Dates-Nicolas's Chronology of History-

Chalmers's Caledonia-Origines Parochiales-Scotland

in the Middle Ages-E. W. Robertson's Scotland

under her Early Kings-Hailes's Annals-Thomas

Innes's Critical Essay-Keith's Catalogue of Scottish

Bishops Crawford's Lives of the Great Officers

of State-Chronicles of Melrose and Holyrood-

Fordun's Scotichronicon-Barbour's Chronicle-Wyn-

toun's Chronicle-Chronicle of Lanercost-Reeves's

Adomnan's Life of St. Columba-His History of the

Culdees-The Registers of Bishoprics and Monasteries

-Joseph Robertson's Antiquities of the Shires of

Aberdeen and Banff-His Inventories of Queen Mary's

Jewels-His Statutes and Councils of the Scotch Church

---Henry Laing's Scottish Seals-Mr. David Laing on

the Reformed Church and the old Scots poets

Du Cange's Dictionary of Medieval Latin-Acts of

the Parliaments of Scotland-General Index to the

Acts of Parliament of Scotland-Barrington's Obser-

vations on the Statutes-Blount's Ancient Tenures

and Jocular Customs of Manors-Oughton upon Con-

sistorial Form of Process-White Kennet's Law of

Parishes The Works of Madox, Spelman, etc.-

Stubbs's Documents of English Constitutional His-

tory-English and Scotch Record Publications,.

-

XV

PAGE

286

APPENDIX.

Henryson's Fable, illustrating the Forms of the old Consis-

torial Court,

INDEX,

299

303