Authors: Nigel Tranter
Tags: #11th Century, #Fiction - Historical, #Scotland, #Royalty, #Military & Fighting
There was a strong murmur, now, amongst the packed benches, as men commented. This was a clever move. Ewan was one of the hereditary abbots, and so that influential faction was complimented—which might have looked towards Crinan. But he was a studious man and scholar, taking an active part in Church affairs. Moreover he was a kinsman of MacDuff's, Abernethy being in the northern corner of Fothrif, part of Fife. Much other than good justice might be achieved by this appointment.
When there was no contrary voice raised, MacBeth signed to Bishop Malduin to take over.
The new Chancellor cleared his throat. "I would say that I am honoured by the High King's favour, and I hope, the trust of all here," he said. "I shall endeavour to serve him, you all, and the realm, honestly and to the best of my poor abilities in all duties of the chancellery, with the aid of Almighty God. I hope that you will bear with me, at first, when I fall short." He consulted a paper. "The first business before the Council is, as suitable, the security of the realm. As all must know, the situation south of our borders is not good. The new King of England, Hardicanute of Denmark, still lingers in that realm. As a consequence, England is in much unrest, and violent men work their lawless wills. To our especial concern, Siward, Earl of Deira, now Earl of Northumbria also, through the murder of young Earl Eadulf, is in a position to threaten our borders and peace, with no higher power in England to restrain him. It behoves this Council, therefore, to consider what steps shall be taken."
There was silence, apart from a derisive hoot from Thorfinn, on the King's right.
"My lord of Glamis, High Constable," MacBeth said easily. "This is within your province, is it not? What is your advice?"
Glamis took his time to answer. "The threat is there, my lord King. And Siward is not by-named The Strong for nothing. He has claimed that Lothian and the Merse should be his, now that he is Earl of Northumbria. But I have heard of no great mustering of men, as yet, in Northumbria or Deira. Our Teviotdale folk have much coming and going with the Northumbrians and they have no word of assembling of forces in strength. I have made it my concern to find out. And the season grows late for warfare campaigning. I think that Siward will not reach for his sword this year."
"My own view, my lord," MacBeth said. "But with the spring, he might?"
"Yes. So we must be prepared. And let him see that we are prepared. Muster some force of our own. Place it along the line of the Tweed and Teviot, Esk and Liddel. Not a large army sufficient to threaten Siward, but sufficient to guard all the fords and show that we are ready, if need be. And make plans forthwith for a full muster of all our strength, so that it can be brought together swiftly, in Lothian."
There were murmurs of agreement, interrupted by Thorfinn's snort of disgust.
"Not seem to threaten Siward, by God!" he cried. "What is this? This upstart Dane claims Lothian and the Merse and Teviotdale. Aye, and threatens Cumbria and Galloway, all Strathclyde. And you fear to threaten
him!"
"Not fear, my lord earl, but advise that we do not," Glamis answered heavily. "We are not ready for war—even if we desired it."
"And so give him time to build up his strength against us, man? What will putting off serve you? Why think you he has gathered Maldred and the bastard Malcolm and the rest into his grip? Siward the King, the Gentle! I tell you that he intends to proclaim Maldred as true King of Scots, and Malcolm still Prince of Strathclyde and Cumbria, and he their protector. Use this as excuse to march on Scotland. And you—you would not threaten and provoke him! Give him time. I say strike now. Strike
before
he is ready."
"We are not prepared, not fit for war..."
"I am. Always I am. I could have fifty longships off the coast of Northumbria in two weeks, with 4000 men."
There was a quivering silence in the eating-hall.
"We are grateful for the Earl Thorfinn's advice and stout offers of aid," MacBeth said carefully. "Who can tell when we may need to call on such good help. But not yet, I think. Any such attack would, I say, be seen as an assault on
England,
not just on Siward. It would bring Hardicanute hastening from Denmark. And serve to unite the squabbling English lords, Dane and Saxon. We might, for a time, defeat Siward. But thereafter have on our hands outright war with England. I did not ascend this throne to attempt what even King Malcolm dared not endeavour. I prefer my lord of Glamis' proposals."
Again silence, men loth to involve themselves in what was clearly a struggle between brothers, and potent brothers.
There was one man present who suffered no such inhibition. Neil Nathrach spoke up from the thanes' benches.
"I say that before we spend our time considering the danger from Northumbria we should first consider the danger nearer home!" he said strongly. "We here discuss the security of the realm. There are those within this realm who endanger it more immediately and closely than this Dane Siward and a few exiles."
There was further hush. The King's brothers were proving embarrassing councillors.
"I think, my lord of Cawdor, that none within my realm so threaten it that its safety is at stake," MacBeth said.
"Then why are Crinan, Mormaor of Atholl and MacDuff, Mormaor of Fife, not present?"
So the thing was out and names were named. MacBeth tightened his lips in displeasure, and Thorfinn grinned widely. Everywhere others muttered, sighed or shrugged.
"Lord of Cawdor," MacBeth said sternly. "Neither of these mormaors have said a word or lifted a hand to endanger the peace and security of the realm. Remember it."
"Nevertheless, lord King, these two are powerful, and your enemies," Neil went on, unabashed. "One the father of the late Duncan, the other his friend. If these two worked together, and with Siward, then the realm could be in danger indeed."
"Ha—the Serpent hisses to some point, for once!" Thorfinn exclaimed.
"Chancellor—I cannot have members of my High Council accusing my mormaors of possible treason, in their absence," MacBeth announced. "I ask you to declare the Thane of Cawdor unheard. And have your clerk to unwrite what he has said."
"I so do," the little bishop said unhappily.
"My friends," MacBeth went on steadily. "High Councils are called to advise and aid the High King in the better governance of his realm. But the King it is who takes the decisions. Let none forget it. All may speak—but what they have to say must be well considered and of
help
to the monarch, not hindrance. I have heard what has been said as to the security of my kingdom, and I will consider it well. Has any other anything of import to raise which has not yet been spoken on? Any other threat to the realm? If not, I will ask the Chancellor to move on to the next business."
Thankfully the bishop consulted his papers again. "There is the matter of due provision for widows and female dependants," he said. "Also of orphans. The King's Highness is concerned."
"I am so concerned," MacBeth agreed. "But this is a matter I raise on the Queen's behalf. Although I fully approve it myself. It is a matter which should have been dealt with long since. At present, when a man of any property or standing dies, his son, brother or other male heir inherits all. No provision need be made for his wife, his daughters or his sisters if they are dependent upon him. This is manifestly wrong and unjust. Especially as frequently the wife has brought considerable property to the marriage in the first place. The Queen, my wife, cites her own case. When she married Mormaor Gillacomgain of Moray she brought him large lands. Yet when he was slain, she was left with nothing. The Prince Lulach here could have claimed, in due course, his inheritance. But she, the widow, had no claim as to law, even of her own former lands. When we married, I settled her own lands on herself again. But no law said that I should. And had she had a daughter by Gillacomgain, instead of a son, that child would have had no rights in her father's land or wealth soever. All our women are in this case. She, Queen Gruoch, says, and I say, that it is manifestly unjust and should be put to rights. Do any disagree?"
No man raised his voice in dissent. But neither did any cheer or show elation. There was indeed complete silence.
"If your not speaking means assent, my friends, am I to command the judices and clerks to make up a suitable law to right this wrong?"
There was a shuffling of feet.
"A man's property is his own," Strathearn said, on the King's left. "None can command him to leave it to any. Save his tanist and heir. Woman or other."
A murmur of agreement ran through the hall.
"My lord of Strathearn is only partly right in what he says," MacBeth observed. "A man's property in goods, cattle, silver and the like, is his own entirely. But his land is not. The land is the Crown's, in the first instance—all the land of the realm. Not the King's in person, but the Crown's. Never forget it. This must be understood. Every transference of land requires the Crown's assent. And this meeting is the Crown-in-Council. Therefore, as far as land is concerned, the greatest source of wealth, this Council can advise the King to make laws. I have consulted the greatest authorities on this matter. I say that the Crown has the power to act, and must do so in justice."
Thorfinn chuckled—but he was the only one so to do.
"This is a hard matter, lord King," the Thane of Breadalbane complained. "Much is in it affecting us all most grievously. I say that we must consider it, consider it well. And return to the matter on another occasion."
There was no doubt, from the reaction, that this had the approval of most present, even of the clergy.
"I recognise, my lord, that this is a large mouthful for you to swallow at one gulp," MacBeth said. "All I ask today is that you agree that the present situation of women is unjust and that this be remedied in law. I will have the matter fully worked out for the next Council, when all can be considered more closely.
Does that content those lords who question justice for women?"
Put that way, men could scarcely say more. Breadalbane alone raised his voice.
"We shall see," he said.
"Yes, my lord, we shall undoubtedly see!" the King commented, and there was steel in his deliberate voice now. "And let me remind you, lest any forgets, that this is a Council to advise the King. It is not a Witenagemot of the Saxons, nor a Thing of the Danes, nor yet a Senate of the Romans. Scotland has none such—as yet. The King hears the advice, and heeds—if he will."
There was a prolonged pause.
In somewhat lighter tone, he went on. "Whilst on the subject of women, I would remind all here who are of the knightly order—and that is many—that they have all taken vows before God to protect and care for women and children, and in especial widows and orphans. In my realm such vows shall be respected. Chancellor—will you proceed?"
"Merchants and husbandmen," Malduin read out, hurriedly. "The King's Highness is also concerned for the state of merchants and husbandmen in this realm. As are many others, in especial Holy Church. For long, these and others like them, millers, fishers, smiths, craftsmen, have suffered much, with none to protect them. They have been scorned and misused, robbed and imprisoned at the hands of more violent men. Their labours have been made of no avail, their corn trampled, their beasts carried away, their goods stolen. And they, they have not always had the support and protection of their lords and thanes and magistrates. Nor indeed, of the Crown. For the weal of the realm, this must be put to rights. The King would have this Council's advice on how best this may be achieved."
"Merchants, husbandmen and millers!" Thorfinn exclaimed. "Some of the greatest robbers I know are millers! And merchants none so far behind!" A shout of laughter. "Such cattle are necessary, I have no doubt. But scarcely fit to waste the time of the High Council of Scotland!"
From the reaction, clearly he had most of the secular members, at least, behind him in that.
"Does my brother of Caithness and Sutherland say, then, that my realm consists of its lords and land-holders, while such as merchants, millers even carls and bondsmen are not part of it?" the King asked.
"Not so. I but say that this Council has better things to do than to spend its time on their affairs. It is the duty of the magistrates and justiciars, yes. If these are failing in their duties, let them be warned. We have appointed a High Judex. Let him see to it." Again the murmur of approval.
"I say that the King's Highness is right," the Abernethy MacDuff said, a lean, dark and cadaverous man in his late thirties, with the stoop of a scholar. "Such folk require Crown protection. And deserve it. They well serve the realm, but are the prey of many. Freemen, they are often worse off than are carls and serfs."
"Well said, friend. What then should we do here to cherish such?"
"First charge the High Constable with their protection. That he appoint his officers in every mortuath, thanedom and community. More magistrates and judices to be appointed also, and of better quality, supported by the constables..."
"Who pays for all these?" someone shouted.
"They
do, I say—the merchants themselves. See you, these traders and craftsmen and millers and the like—they have been shorn like sheep for long. We all know it. Because they create wealth, which others are greedy for. Think you that they would not gladly pay for their own protection? I say, bind them together, in companies and guilds. Each trader will pay something to belong to his company. And the companies to make payment to the Crown. So that it becomes the Crown's business to protect the traders and pay the constables and magistrates."
There was considerable interest and comment on this ingenious proposal, though by no means all favourable.
"Forby," the abbot went on, "there is more advantage in this of companies and guilds than but the payment. These could be charged with maintaining good standards of craftsmanship and work. We all know how much goods can vary, how often we find poor workmanship, scamped labour, bad weights, high charges. Make the companies responsible for their own people's standards. I have heard that this is done in Hamburg and Bremen in Saxony."