Women, charters and land ownership in Scotland, 1150–1350

Abstract

This essay examines some of the contexts in which women appear especially in non-royal deeds from the kingdom of Scotland in the years between roughly 1150 and 1350. It is based on a survey of several thousand charters written on behalf of both men and women, native, Anglo-Norman and European. It considers how charter evidence may be used to illuminate the extent to which women both used and shaped the laws and customs that governed the conveyance of land in medieval Scotland, and examines changes in women's legal capacity over time. Recent studies on literacy in later medieval Europe have shown that women participated actively in the literate culture of the period and that they exerted a sometimes profound influence on written texts themselves, and this theme is explored at some length in the context of Scottish charter evidence. Also examined is the extent to which traditional Gaelic customs in respect of women's property rights shaped and influenced the early common law of Scotland.