Comhdhail
Encyclopedia
A comhdhail or couthal was a popular court in medieval Scotland
. The word derives from Old Gaelic comdal, "tryst" or "assembly". Distinct from courts of the king, mormaer
s and senior baron
s, such courts were organized at a lower level of society, by peasant communities for themselves. It was probably similar to the English hundred or tithing court.
Although most of the details of how it functioned are lost, enough evidence of it exists to be sure of its importance. In 1329, Geoffrey, abbot of Arbroath
, made an agreement with one of its senior tenants, Fergus mac Donnchaidh (Fergus son of Duncan). Abbot Geoffrey leased the land of Tulloes and Craichie
(near Dunnichen
) to Fergus, allowing him to introduce his own men. The agreement specified the abbot's legal rights, but allowed that "the aforesaid Fergus and his heir ... have the court which is called couthal for the men residing within the said land, to deal with the countless acts arising amongst themselves only, and they shall have the fines arising therefrom". Historian Geoffrey Barrow also noted that in a charter of 1317, by which Robert "janitor of Kincardine
" granted Donnchadh Kymbdy burgess of Aberdeen
land at Achichdonachy ("Donnchadh's field") cum curia et conthal, "with court and comhdhail".
Barrow further noted that Andrew of Wyntoun
appears to have translated the Latin word lucos ("groves"), as kwthlys. Gavin Douglas
' translation of Virgil used cythyll and cuthyll, implying that the word connoted a woodland clearing as well as an assembly.
Records of such assemblies are preserved in place-names. Over thirty modern place-names deriving from comhdhail survive in Ordinance Survey 1:50,000 maps, with a similar number recorded in pre-modern documentary sources, but now lost. Examples come almost entirely from eastern and lowland Scotland, stretching from Peeblesshire
to Sutherland
. Instances include various locations called "Cothill", "Cuttyhill", "Cuthill", and others like Glenquithle and Cuttieshillock.
Medieval Scotland
*Scotland in the Early Middle Ages*Scotland in the High Middle Ages*Scotland in the Late Middle Ages...
. The word derives from Old Gaelic comdal, "tryst" or "assembly". Distinct from courts of the king, mormaer
Mormaer
The title of Mormaer designates a regional or provincial ruler in the medieval Kingdom of the Scots. In theory, although not always in practice, a Mormaer was second only to the King of Scots, and the senior of a toisech.-Origin:...
s and senior baron
Baron
Baron is a title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin baro meaning " man, warrior"; it merged with cognate Old English beorn meaning "nobleman"...
s, such courts were organized at a lower level of society, by peasant communities for themselves. It was probably similar to the English hundred or tithing court.
Although most of the details of how it functioned are lost, enough evidence of it exists to be sure of its importance. In 1329, Geoffrey, abbot of Arbroath
Abbot of Arbroath
Abbot of Arbroath was the head of the Tironensian Benedictine monastic community of Arbroath Abbey, Angus, Scotland, founded under the patronage of King William of Scotland from Kelso Abbey and dedicated to St Thomas of Canterbury. The abbot, John Gedy, was granted the mitre on 26 June 1396...
, made an agreement with one of its senior tenants, Fergus mac Donnchaidh (Fergus son of Duncan). Abbot Geoffrey leased the land of Tulloes and Craichie
Craichie
Craichie is a small village in Angus, three miles south-east of Forfar on the B9128 Carnoustie to Forfar road....
(near Dunnichen
Dunnichen
Dunnichen is a small village in Angus, Scotland, situated between Letham and Forfar. It is close to Dunnichen Hill, at which the Battle of Dun Nechtain is popularly believed to have been fought.-History:...
) to Fergus, allowing him to introduce his own men. The agreement specified the abbot's legal rights, but allowed that "the aforesaid Fergus and his heir ... have the court which is called couthal for the men residing within the said land, to deal with the countless acts arising amongst themselves only, and they shall have the fines arising therefrom". Historian Geoffrey Barrow also noted that in a charter of 1317, by which Robert "janitor of Kincardine
Kincardine
Kincardine or Kincardine-on-Forth is a small town located on the north shore of the Firth of Forth, in Fife, Scotland. The town was given the status of a Burgh of barony in 1663. It was at one time a reasonably prosperous minor port...
" granted Donnchadh Kymbdy burgess of Aberdeen
Aberdeen
Aberdeen is Scotland's third most populous city, one of Scotland's 32 local government council areas and the United Kingdom's 25th most populous city, with an official population estimate of ....
land at Achichdonachy ("Donnchadh's field") cum curia et conthal, "with court and comhdhail".
Barrow further noted that Andrew of Wyntoun
Andrew of Wyntoun
Andrew Wyntoun, known as Andrew of Wyntoun was a Scottish poet, a canon and prior of Loch Leven on St Serf's Inch and later, a canon of St...
appears to have translated the Latin word lucos ("groves"), as kwthlys. Gavin Douglas
Gavin Douglas
Gavin Douglas was a Scottish bishop, makar and translator. Although he had an important political career, it is for his poetry that he is now chiefly remembered. His principal pioneering achievement was the Eneados, a full and faithful vernacular translation of the Aeneid of Virgil and the first...
' translation of Virgil used cythyll and cuthyll, implying that the word connoted a woodland clearing as well as an assembly.
Records of such assemblies are preserved in place-names. Over thirty modern place-names deriving from comhdhail survive in Ordinance Survey 1:50,000 maps, with a similar number recorded in pre-modern documentary sources, but now lost. Examples come almost entirely from eastern and lowland Scotland, stretching from Peeblesshire
Peeblesshire
Peeblesshire , the County of Peebles or Tweeddale was a county of Scotland. Its main town was Peebles, and it bordered Midlothian to the north, Selkirkshire to the east, Dumfriesshire to the south, and Lanarkshire to the west.After the local government reorganisation of 1975 the use of the name...
to Sutherland
Sutherland
Sutherland is a registration county, lieutenancy area and historic administrative county of Scotland. It is now within the Highland local government area. In Gaelic the area is referred to according to its traditional areas: Dùthaich 'IcAoidh , Asainte , and Cataibh...
. Instances include various locations called "Cothill", "Cuttyhill", "Cuthill", and others like Glenquithle and Cuttieshillock.