Manrent
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Manrent refers to a Scottish
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
of the mid-15th century to the early 17th century, usually
military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
in nature and involving
Scottish clans A Scottish clan (from Gaelic , literally 'children', more broadly 'kindred') is a kinship group among the Scottish people. Clans give a sense of shared identity and descent to members, and in modern times have an official structure recogni ...
. The bond of manrent was commonly an instrument in which a weaker man or
clan A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clans may claim descent from founding member or apical ancestor. Clans, in indigenous societies, tend to be endogamous, mea ...
pledged to serve, in return for protection, a stronger lord or clan—in effect becoming a
vassal A vassal or liege subject is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. While the subordinate party is called a vassal, the dominant party is called a suzerai ...
that renders service to a superior, often made in the form of a
covenant Covenant may refer to: Religion * Covenant (religion), a formal alliance or agreement made by God with a religious community or with humanity in general ** Covenant (biblical), in the Hebrew Bible ** Covenant in Mormonism, a sacred agreement b ...
. Manrents were a ''Promise by one person to serve another, uchthat he shall be friend to all his friends, and foe to all his foes''. Some bonds of manrent, described as ''bonds of friendship'', took place between men or clans of equal power, worded in the form of
treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
of offensive and defensive alliance. These contracting parties bound themselves to assist each other. Manrents always acknowledged and prioritized the signatory's duty of allegiance to the King, in terms such as: "…always excepting duty to our lord the king". In the same manner, when men who were not chiefs of clans, but of subordinate tribes, thus bound themselves, their fidelity to their chiefs was always excepted, in terms such as "…always excepting duty to our kindred and friends". Smaller clans, unable to defend themselves, and clans or families who had lost their chiefs, frequently entered into manrent. Under such treaties, smaller clans identified themselves with the greater clans. They engaged in the quarrels, followed the fortunes, and fought under the greater chiefs. However, their ranks were separately marshaled, and led by their own subordinate chiefs,
chieftain A tribal chief or chieftain is the leader of a tribal society or chiefdom. Tribe The concept of tribe is a broadly applied concept, based on tribal concepts of societies of western Afroeurasia. Tribal societies are sometimes categorized a ...
s,
laird Laird () is the owner of a large, long-established Scottish estate. In the traditional Scottish order of precedence, a laird ranked below a baron and above a gentleman. This rank was held only by those lairds holding official recognition in ...
s or captains, who owed submission only when necessary, for the success of combined operations. Although manrents often used terms such as, "our successors", "perpetually", and "in all time coming", their object was usually defense, aggression, or revenge, rarely extending further than the occasion for which they were formed.Burrill, p. 702.Maclauchlan; Wilson; Keltie (1875) 2, pp. 121–122.History of the Scottish Highlands : Highland clans and Highland regiments, with an account of the Gaelic language, literature, and music (Volume 1) (188?), p. 32

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Background

Bonds of manrent played an important part in
Scottish clan A Scottish clan (from Gaelic , literally 'children', more broadly 'kindred') is a kinship group among the Scottish people. Clans give a sense of shared identity and descent to members, and in modern times have an official structure recognised ...
relationships from the 15th to the early 17th century. Disputes between opposing clans were frequently made matters of negotiation, with differences often settled by treaties. To strengthen a clan against a rival, or to maintain the balance of power in a region, a clan could join a
coalition A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces. Formation According to ''A Gui ...
with friendly neighbours. Manrents protected smaller clans from being swallowed up by larger ones, and nursed the turbulent and warlike spirit that formed the common distinction of all. From these and other causes, the Highlands were, for ages, as constant a theater of petty conflicts that paralleled larger ones in Europe. The circumstances that led to manrents show that the Scottish government of the time was too weak to protect the oppressed or quell disputes between clans.


Manrents and Scots Law

Manrents were abolished by
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliame ...
, Edinburgh, under legislation on 6 March 1457 "that no man dwelling within burgh be found in manrent", and under the same terms, by legislation on 18 May 1491. The penalty being the confiscation of goods and "thar lifis at the kingis will". However, the terms of this legislation allowed for Manrents to the King, to the King's officers, to the Lord of the same burgh as the man entering into manrent, and to their superior officer.The Records of the Parliaments of Scotland to 1707 (RPS)
In Chapter 17 of legislation on 20 June 1555, and for reasons "because it is thocht aganis all law and obedience of subjectis towart thair princis", the giving and taking of bonds of manrent made in the past were now
null and void In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means " ...
, an exception was made for heritable bonds given for "assythment of slaughters in time bygone". Manrents mentioned in Parliamentary procedure and legislation: * Under parliamentary procedure of 11 December 1543, Sir James Hamilton, was bound into a bond of manrent for himself and his heirs to James Hamilton, Earl of Arran and his heirs, in return for a bond of maintenance. * A "Ratification of a bond of manrent to
ames Weir Ames may refer to: Places United States * Ames, Arkansas, a place in Arkansas * Ames, Colorado * Ames, Illinois * Ames, Indiana * Ames, Iowa, the most populous city bearing this name * Ames, Kansas * Ames, Nebraska * Ames, New York * Ames, ...
laird of Blackwood" was passed in legislation 5 June 1592, "for the assythment and satisfactioun of the slauchter of umquhile Johnne Weir of Poneill". The following cases involving bonds of manrent were brought before the Judicial proceedings: acts of the lords auditors of causes and complaints: * 4 July 1476, Gavin of Crichton against Sir William of Borthwick, knight * 20 July 1476, Alexander Cunningham, Lord Kilmaurs, against Robert of Muir of Rowallan * 9 December 1482, John the Bruce of the Stenhouse against Robert Fleming,
Lord Fleming Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
and Andrew Oliphant, his
bailie A bailie or baillie is a civic officer in the local government of Scotland. The position arose in the burghs, where bailies formerly held a post similar to that of an alderman or magistrate (see bailiff). Baillies appointed the high constables ...
* 19 May 1491, Cuthbert of Murray of Cockpool against Robert of Carlyle


Terminology

The earliest known bond to use the term "manrent" was recorded in January 1442, between Alexander MacDonald, earl of Ross and Hugh Fraser of Lovat.Curry; Mathew, p. 165. Earlier contracts survive, but use terms such as "letters of
retinue A retinue is a body of persons "retained" in the service of a noble, royal personage, or dignitary; a ''suite'' (French "what follows") of retainers. Etymology The word, recorded in English since circa 1375, stems from Old French ''retenue'', ...
" or "rentinencia".Concepts and Patterns of Service in the Later Middle Ages By
Anne Curry Anne Elizabeth Curry (who publishes as Anne Curry and A. E. Curry) (born 27 May 1954) is an English historian and Officer of Arms. Career She is professor of Medieval history at the University of Southampton and dean of the Faculty of Hu ...
and Elizabeth Matthew; p.166,

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Illustrative example of a manrent

In 1588, William Macleod of Macleod, 13th chief of
Clan Macleod Clan MacLeod (; gd, Clann Mac Leòid ) is a Highland Scottish clan associated with the Isle of Skye. There are two main branches of the clan: the MacLeods of Harris and Dunvegan, whose chief is MacLeod of MacLeod, are known in Gaelic as ' ("se ...
, entered into a bond of manrent with Lachlan Mackintosh of Mackintosh, Captain and Chief of the
Clan Chattan Clan Chattan ( gd, Na Catanaich or gd, Clann Chatain) is a unique confederation of Highland clans. The clan is distinctive in highland clan history in that it was acknowledged to be a community or confederation, of twelve separate Scottish cla ...
, whose daughter he had married, in the following terms (text taken from
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):-


List of manrents (currently incomplete)


See also

*
Coalition A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces. Formation According to ''A Gui ...
*
Covenant (law) A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a s ...
* Homage (medieval) *
Scottish clan A Scottish clan (from Gaelic , literally 'children', more broadly 'kindred') is a kinship group among the Scottish people. Clans give a sense of shared identity and descent to members, and in modern times have an official structure recognised ...
*
Treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...


Notes


References

* * * * * * * {{Scottish clan battles Medieval law Scots law Manrent