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The Highlanders of Scotland - Clan Strachan Society

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i68 THE HIGHLANDERS [parti<br />

We shall now examine what effect the formation <strong>of</strong> the<br />

Scoto-Saxon monarchy under Edgar, produced upon this constitutional<br />

bod}'. We have seen that, down to the introduction<br />

<strong>of</strong> the Saxon laws into the country, the tribes <strong>of</strong> <strong>Scotland</strong><br />

existed under the rule <strong>of</strong> their hereditary Maormors or chiefs<br />

and that, wherever the old population remained, these Maormors<br />

adopted the Saxon title <strong>of</strong> Earl. As this was the highest title<br />

<strong>of</strong> honour among the Saxons, it is plain that there would now<br />

be no distinction in title between the chiefs <strong>of</strong> the superior<br />

and those <strong>of</strong> the subordinate tribes ; and the whole <strong>of</strong> these<br />

earls indiscriminately, along with the other earls created by the<br />

Scoto-Saxon kings, and the crown vassals or thanes, would now<br />

form the " communitas regni," which constituted the parliament<br />

<strong>of</strong> all Teutonic nations. Notwithstanding this, however, as the<br />

seven great chiefs by whom the seven provinces <strong>of</strong> <strong>Scotland</strong><br />

were represented, still existed, although they merely enjoyed<br />

the title <strong>of</strong> Earl in common with the other chiefs, it is not<br />

unlikely that we should find them retaining the shadow <strong>of</strong> this<br />

ancient national council co-existent with, and independent <strong>of</strong>,<br />

the great parliament <strong>of</strong> the nation, and claiming the privileges<br />

<strong>of</strong> the constitutional body <strong>of</strong> which their ancestors formed the<br />

members ;<br />

that, besides the parliament or communitas regni,<br />

which included the whole <strong>of</strong> the earls, with the other crown<br />

vassals, we should find seveti <strong>of</strong> the Earls claiming and exercising<br />

the privileges <strong>of</strong> the body which they represented ; and<br />

that they would yield with reluctance their position as a<br />

representation <strong>of</strong> the seven provinces <strong>of</strong> <strong>Scotland</strong>.<br />

Of the exercise <strong>of</strong> this right, however, an instance appears<br />

to have occurred even as late as the reign <strong>of</strong> Malcolm IV. On<br />

the death <strong>of</strong> David I., whose right to the throne had not been<br />

disputed by any <strong>of</strong> the factions into which <strong>Scotland</strong> was divided,<br />

the claims <strong>of</strong> his grandson Malcolm were disputed by William,<br />

commonly called the Boy <strong>of</strong> Egremont, the great-grandson <strong>of</strong><br />

Malcolm Canmore, king <strong>of</strong> <strong>Scotland</strong>, b}' his eldest son Duncan,<br />

likewise king <strong>of</strong> <strong>Scotland</strong>, and he was supported by the Gaelic<br />

part <strong>of</strong> the population.<br />

<strong>The</strong> Orkneyinga Saga states that "<br />

Ingibiorg larlsmoder<br />

(earl's mother) married Malcolm, king <strong>of</strong> <strong>Scotland</strong>, who was<br />

called Langhals (Canmore) ;<br />

their son was Duncan, king <strong>of</strong>

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