A Short History of Scotland by Andrew Lang
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page 24 of 267 (08%)
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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. {27} 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." THE COURTS. 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 |
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