Moot hill
A moot hill or mons placiti is a hill or mound historically used as an assembly or meeting place, as a moot hall is a meeting or assembly building, also traditionally to decide local issues. In early medieval Britain, such hills were used for "moots", meetings of local people to settle local business. Among other things, proclamations might be read; decisions might be taken; court cases might be settled at a moot. Although some moot hills were naturally occurring features or had been created long before as burial mounds, others were purpose-built.
Etymology
Although the word moot or mote is of Old English origin, deriving from the verb to meet, it has come to have a wider meaning throughout the United Kingdom; initially referring to any popular gathering.In England, the word folkmoot in time came to mean a more specific local assembly with recognised legal rights. In Scotland the term is used in the literature for want of any other single accepted term.
The Scottish Gaelic place name "Tom a' Mhòid" translates as "the hill of the court". The Gaelic form has the familiar Gaelic word "mòd" in the context of the annual cultural event, a "gathering", but in this context, one for judgement and possible execution. The term is cognate with the English word "moot".
Siting and purpose
Many moot, "mote" or "mute" hills are known by that name today. Others have local names such as Court Hill, Judges Hill, Justice Hill, Judgement Hill, Mount, Munt, Moat Hill, Tandle, Downan, Bonfire Hill, Cuthill, etc. Many are also associated with names such as Knol, knock, knowe, or law.Many other names are used for prominent earthworks, depending to some extent on their location within the United Kingdom, and some of them are known to have served as moot hills at some point in their existence. Terms include Tumulus, how, howe, low, tump, cnwc, pen, butt, toot, tot, cop, mount, mound, hill, knoll, mot, moot, knol, motte, and druid hill. Often the names are combined, as in Knockenlaw, Law Mount, etc.
Some hills known today as "moot hills" were actually historically mottes, the remains of a motte-and-bailey castle. In some cases a mound built as a motte may have seen later use as a functioning moot hill.
Moots may have met on existing archaeological mound sites such as tumuli or mottes; others on entirely natural mounds such as the one at Mugdock or natural mounds which were modified for the intended purpose. One common aid to identification is size: most moot hills, in addition to lacking signs of defensive walls and ditches, are smaller than most mottes.
Some known moot hill sites are surrounded by water, such as Mugdock, Mound Wood and Court Hill at the Hill of Beith; others may well have been, such as Hutt Knowe. Such inaccessibility would have required the use of a boat or raised walkway. Wood Mound is clearly man-made and therefore the relationship between these sites and water may have had some functional or religious significance.
Cuthills
These were places of assembly in early medieval times, mostly in northern Scotland. The term is found as a placename element at over sixty sites and many are associated with medieval shires or thanages. The term does not suggest a hill or mound site, being derived from the Gaelic term 'comhdhail', a place of assembly. Such assemblies were non-seignoral burlaw courts and dealt with minor disputes.Francis Grose
Francis Grose in 1797 published his 'Antiquities of Scotland', and going from the 1789 date of the numerous engravings this was a little over forty years from the abolition of this aspect of the feudal system. Grose states mote hills, or places for administration of public justice, for considerable districts; and courts hills, whereon the ancient lairds held their baronial courts, before the demolition of the feudal system. These mote and court hills serve to explain the use of these high mounts still remaining near our ancient castles. He goes on to say –Grose records that the last instance of a Baron Baillie sentencing and carrying out a death sentence in Nithsdale was at Barnside Hill in around 1697. Sir Robert Grierson, Bart was the baron concerned and the victim was a sheep stealer.
Origins
It is known that in Scotland, Brehons or Judges administered justice from 'Court Hills', especially in the highlands, where they were called a tomemoid – that is, the Court Hillock. In ancient times suitable buildings would rarely have existed and there was usually no alternative other than to use an outdoor gathering place. It is said that Irish colonists brought with them Brehon law, the use of Moot hills and the law of tanistry. Every baron had a moot hill and the chartularies of religious houses record that they too used moot hills for holding courts.The moot hills' part in the practice of law derives from the introduction of feudalism by the Normans in England or in Scotland by the Scottish kings such as David I 1125–1153 who introduced feudalism and delegated very extensive jurisdiction over large areas of land to men like the Walter the Steward or de Morville and they in turn delegated quite extensive powers to their own vassals. These invitees, largely of Norman, Fleming and Breton origin were, under feudal charter, given significant grants of land, were invited and did not come as conquerors as had been the case in England. There were in certain instances a close connection between the old Celtic thaneages and the new feudal baronies.
There was therefore no wholesale displacement of native lords in Scotland. In 1200 all the earls north of Forth and Clyde were still of Celtic descent; and as late as 1286, eight of the earldoms in Scotland were still in the hands of those of native stock. Many native lords were granted or confirmed in their lands in feudal form. Within a few generations, regular intermarriage and the Wars of Independence had removed most of the differences between native and incomer, although not those between Highlander and Lowlander.
Burgh courts were held in the open air, round the market cross, a standing stone, a moot hill or a prominent tree. These courts were held three times a year – the chief court after Pasch, the next after Michaelmas, when the magistrates or burgh-reeves were elected, and the third after Yule or Christmas. All burgesses were bound to attend.
Baronies
A Barony was an area of land, not always contiguous, granted by the Crown to a Tenant. Baronies became a unit in administration and law, however the actual size was variable and they merged or separated from time to time. The holder or Baron had power to hold courts which dealt with civil and criminal cases of less than major importance. Some crimes were reserved for royal courts, namely murder, rape, robbery with violence, fire raising and treason. To come under the jurisdiction of a baronial court, the crime had to have been committed within the barony or concerned its people or property.In England a Baron was a peerage title. This was not the case in Scotland. He or she held the land directly from the King or Queen. After 1700 the emphasis was on administration, a good neighbourhood and economic and other rules for the benefit of those living within the Barony. In 1747 the criminal jurisdiction of a Baron Court was much restricted. The Barony was largely a self-governing community, however there was a system of appeals to the Sheriff and the Central Courts.
The term baron had simply meant "man" originally; later the term baron came to imply holding the barony lands immediately of the King. Finally baron came to mean one who held such lands "of the King" with accompanying rights and duties and therefore the word came to mean one who held as 'tenant in chief' of the King's lands erected by Charter 'in free barony'. Sir John Skene in his glossary of Scots legal terms defines it as In this Realme he is called ane Barrone quha haldis his landes immediatlie in chiefe of the King and hes power of pit and gallow. The Barons of Scotland continued to have the right to sit in the Scottish Parliament until 1594.
Baronial courts
Baronies were social units and their courts a form of council which enabled the area of the barony to function effectively as an early form of self-government. In mediaeval law the barony required a principal residence at which the legal process could be formally transacted. Many abandoned castles motes therefore continued in use for this purpose.The baron and the baron baillie, his deputy, and the council, were concerned with such matters as: responsibility for repair to ditches and hedges, assessment of damage caused by cattle found on another's ground, under thirlage laws, the maintenance of the mill race in good order and free from weeds and the mending of the mill dam. Even cases of neighbours using "unreasonable language", and "miscalling one another" were brought before the court. The court might also regulate the rotation of crops and the manuring of the ground. Ecclesiastical courts also existed as shown by the example of the Abbot of Kilwinning's court hill near Beith. Three times a year the baron also had the right to clear his lands of evildoers and men of ill repute.
The feudal Baron appointed the Officers of a Baron Court. Barons therefore had public law executive and judicial authority over the public affairs of that Barony. The officers were:
- The Baron-Baillie was the principal administrative officer; the Baillie's insignia of office was a Cap of Justice, a Black legal Robe, and a medal of office on a chain
- The Baron-Clerk acted as administrative secretary of the Barony.
- The Dempster or Deemster was responsible for executing the judicial decisions and announced the "doom" as the sentence was called.
- The Baron-Sergeant kept order, summoned the parties involved and enforced civil decrees of the Court; the Sergeant's insignia of office was a 37" white Ellwand and a Horn to summon attendance.
- The Procurator Fiscal operated as the civil and criminal prosecutor in matters before the Baron Court.
The Abolition of Feudal Tenure etc. Act 2000 removed all the remaining aspects of the feudal baronial system, apart from the baronial titles themselves. The entire system whereby land was held by a vassal on perpetual tenure from a superior, was, on this appointed day, abolished.