You can download this volume here! - Electric Scotland

230 HIGHLAND PAPERS
passed this primary meaning seems to have been forgotten, or at
all events superseded by another arising out of the fact that it
was to the king that such service was clue, so that in the end
forinsecum seems to have become synonymous with regale.
There are certain charters which at first sight seem to run
counter to this definition. For example, in a charter already
referred to, Muriella, who held the lands of Tulibardyn of the Earl
of Strathearn, granted these to William de Moravia, her son-in-
law, to be held of her and her heirs— the vassal being bound to
render 'forinsecum servitium domino Comitide Stradhern quantum
ad dictam terram pertinet scilicet Servicium Scoticanum ' (Reg.
Morav., p. 466). In a charter of Dalrewach to the same grantee
the reddendo is ' Faciendo . . . forinsecum servitium domino
Comiti de Stratheren quantum pertinet ad dictam terram scilicet
(ibid., p. 469). In a charter (circa 1248) by
'
Servitium Scoticanum
Maldouen, Earl of Lennox, to Sir David of Graham, of a carucate
of land called Mukeraw, the reddendo is even more curious. The
earl is the granter, the lands are to be held of him, and yet the
reddendo is 'faciendo . . . michi et heredibus meis forinsecum
servicium domini Regis quando contingit quantum pertinet ad
imam carucatam terre in Leuenax ' (The Lennox, vol. ii. p. 11).
In a later charter {circa 1332) of lands in Fife there is a similar
et heredibus nostris homagium et
forinsecum servicium domini nostri Regis quantum pertinet ad
predictam terram' (Memorials of the Family of Ji'emyss of Wemyss,
clause, 'Faciendo . . . nobis
vol. ii. p. 11). Other instances could easily be given if space
allowed.
The difficulty, however, seems met by another statement of
Ducange founded on Bracton :
' Ad regem pertinet quidem servitium
forinsecum nisi tamen, addit Bracton 16. § 7, cum dominus
capitalis in propria persona profectus fuerit in Servitio, vel nisi
cum pro servitio suo satisfecerit domino Regi quocunque modo.'
In Royal confirmations of early charters the words salvo servitio
nostro almost always appear, even where the grant is to a religious
house, and the pious donor has declared it to be free from all exac-
tions or burdens of service. In such a case, as Bishop Dowden points
out in his Introduction to The Charlu/ary of Lin (lores Abbey (Scot.
Hist. ' Soc, vol. xlii. p. lxxv) : The land was conveyed, the monks
were exempted from the military service due from the land, which,