Note 147 — Chapter II

‘The Douglases were still maintained with high favour and generous allowances in England; their power, although nominally extinct, was still far from being destroyed; their spies penetrated into every quarter, followed the king to France, and gave information of his most private motions; their feudal covenants and bands of manrent still existed, and bound many of the most potent nobility to their interest; whilst the vigour of the king's government, and his preference of the clergy to the temporal lords, disgusted these proud chiefs, and disposed them to hope for a recovery of their influence from any change which might take place.’ Tytler's History of Scotland, vol. iv. pp. 229, 230. These bonds of manrent, noticed by Tytler, were among the most effective means by which the Scotch nobles secured their power. Without them, it would have been difficult for the aristocracy to have resisted the united force of the Crown and the Church. On this account, they deserve special attention. Chalmers (Caledonia, vol. i. p. 824) could find no bond of manrent earlier than 1354; but in Lord Somerville's Memorie of the Somervilles, edit. Edinburgh, 1815, vol. i. p. 74, one is mentioned in 1281. This is the earliest instance I have met with; and they did not become very common till the fifteenth and sixteenth centuries. Compare Hume's History of the House of Douglas, vol. ii. p. 19. Somerville's Memorie of the Somervilles, vol. i. p. 234. Pitcairn's Criminal Trials in Scotland, vol. iii. p. 83. Irving's History of Dumbartonshire, pp. 142, 143. Skene's Highlanders, vol. ii. p. 186. Gregory's History of the Western Highlands, p. 126. Kennedy's Annals of Aberdeen, vol. i. p. 55. Miscellany of the Spalding Club, vol. ii. pp. cvi. 93, 251, vol. iv. pp. xlviii. 179. As these covenants were extremely useful in maintaining the balance of power, and preventing the Scotch monarchy from becoming despotic, acts of parliament were of course passed against them. See one in 1457, and another in 1555, respecting ‘lige’ and ‘bandis of manrent and mantenance,’ in Acts of the Parliaments of Scotland, folio, 1814, vol. ii. pp. 50, 495. Such enactments being opposed to the spirit of the age, and adverse to the exigencies of society, produced no effect upon the general practice, though they caused the punishment of several individuals. Manrent was still frequent until about 1620 or 1630, when the great social revolution was completed, by which the power of the aristocracy was subordinated to that of the Church. Then, the change of affairs effected, without difficulty, and indeed spontaneously, what the legislature had vainly attempted to achieve. The nobles, gradually sinking into insignificance, lost their spirit, and ceased to resort to those contrivances by which they had long upheld their order. Bonds of manrent became every year less common, and it is doubtful if there is any instance of them after 1661. See Chalmers' Caledonia, vol. iii. pp. 32, 33. It is, however, so dangerous to assert a negative, that I do not wish to rely on this date, and some few cases may exist later; but if so, they are very few, and it is certain that, speaking generally, the middle of the seventeenth century is the epoch of their extinction.