Moot Hill - Origins

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 (from Scots Gaelic tom a' mhòid) - 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 Tannistry. 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 (Renfrew & the northern half of Kyle) or de Morville (Cunningham) 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 (a hereditary non-military tenant of the crown) 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 (Passover or Easter), 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.