The donor and the duty of warrandice: giving and granting in Scottish charters

Davies, J. (2010) The donor and the duty of warrandice: giving and granting in Scottish charters. In: The Reality Behind Charter Diplomatic in the Anglo-Norman Era. University of Glasgow: Glasgow, UK, pp. 120-165. ISBN 9780852619193

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A significant re-interpretation of the language of giving and granting in Scottish charters during the period from the death of King Malcolm III to the death of King Alexander III, based on the analysis of the diplomatic of over 1300 royal charters. The research stems from work done in relation to the AHRC project, The Paradox of Medieval Scotland 1093-1286. The most important insight is that the use of the verb dare established the subject as the donor of the property in question, whether or not he was historically the original donor, thus making him legally responsible for warranting the gift should it be challenged by an other party. Scottish charters of ‘confirmation’, previously viewed as inconsistent in their use of dare, can now be interpreted as absolutely precise in their use of technical dispositive language. This essay re-sets the assumptions underlying historians' and lawyers' understanding of the conveyance of property and the guaranteeing of landholding, not only in Scotland, but in a wider Anglo-Norman context also.

Item Type:Book Sections
Glasgow Author(s) Enlighten ID:Davies, Dr John
Authors: Davies, J.
Subjects:D History General and Old World > DA Great Britain
College/School:College of Arts > School of Humanities > History
Publisher:University of Glasgow

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Project CodeAward NoProject NamePrincipal InvestigatorFunder's NameFunder RefLead Dept
451401The paradox of medieval Scotland - social relationships and identities before the wars of independenceDauvit BrounArts and Humanities Research Council (AHRC)AH/E008348/1History