The result of the domestic policy of David was to bring all
accessible territory under the social and political system of western
Europe, “the Feudal System.” Its principles had been perfectly
familiar to Celtic Scotland, but had rested on a body of traditional
customs (as in Homeric Greece), rather than on written laws and
charters signed and sealed. Among the Celts the local tribe had been,
theoretically, the sole source of property in land. In proportion as
they were near of kin to the recognised tribal chief, families held
lands by a tenure of three generations; but if they managed to acquire
abundance of oxen, which they let out to poorer men for rents in kind
and labour, they were apt to turn the lands which they held only
temporarily, “in possession,” into real permanent property. The
poorer tribesmen paid rent in labour or “services,” also in supplies of
food and manure.
The Celtic tenants also paid military service to their superiors.
The remotest kinsmen of each lord of land, poor as they might be, were
valued for their swords, and were billeted on the unfree or servile
tenants, who gave them free quarters.
In the feudal system of western Europe these old traditional customs
had long been modified and stereotyped by written charters. The King
gave gifts of land to his kinsmen or officers, who were bound to be
“faithful” (fideles); in return the inferior did homage, while
he received protection. From grade to grade of rank and wealth each
inferior did homage to and received protection from his superior, who
was also his judge. In this process, what had been the Celtic tribe
became the new “thanage”; the Celtic king (righ) of the tribe
became the thane; the province or group of tribes (say Moray) became
the earldom; the Celtic Mormaer of the province became the earl; and
the Crown appointed vice-comites, sub-earls, that is sheriffs,
who administered the King's justice in the earldom.
But there were regions, notably the west Highlands and isles, where
the new system penetrated slowly and with difficulty through a
mountainous and almost townless land. The law, and written leases,
“came slowly up that way.”
Under David, where his rule extended, society was divided broadly
into three classes—Nobles, Free, Unfree. All holders of “a Knight's
fee,” or part of one, holding by free service, hereditarily, and
by charter, constituted the communitas of the realm (we are to
hear of the communitas later), and were free, noble, or
gentle,—men of coat armour. The “ignoble,” “not noble,” men with no
charter from the Crown, or Earl, Thane, or Church, were, if
lease-holders, though not “noble,” still “free.” Beneath them were the
“unfree” nativi, sold or given with the soil.
The old Celtic landholders were not expropriated, as a rule, except
where Celtic risings, in Galloway and Moray, were put down, and the
lands were left in the King's hands. Often, when we find territorial
surnames of families, “de” “of” this place or that,—the lords
are really of Celtic blood with Celtic names; disguised under
territorial titles; and finally disused. But in Galloway and Ayrshire
the ruling Celtic name, Kennedy, remains Celtic, while the true
Highlands of the west and northwest retained their native magnates.
Thus the Anglicisation, except in very rebellious regions, was
gradual. There was much less expropriation of the Celt than disguising
of the Celt under new family names and regulation of the Celt under
written charters and leases.