The question of illegitimacy was as important and complex in Scotland as
elsewhere in the Middle Ages. This book examines its legal, political,
and social implications there between the eleventh and fifteenth
centuries. It explores illegitimacy in relation to royal succession and
to the inheritance of ordinary estates; investigates the role it played
in major political events; and considers how being, or having, a bastard
affected the lives of elite women, and the careers of people in
ecclesiastical life.
Scotland's earliest surviving legal treatise, Regiam Majestatem,
denied inheritance rights to offspring legitimated by the intermarriage
of their parents, while the law of the Church regarded such children as
legitimate and, by implication, capable of inheritance. The volume
scrutinises the tension between these two positions, alongside
contemporary evidence which provides new insights into legal theory and
practice concerning inheritance and birth status. By contextualising
illegitimacy within its socio-political as well as legal settings, it
challenges existing assumptions about the meaning and significance of
bastardy in the Scottish middle ages.
SUSAN MARSHALL has worked as a Teaching Fellow in Celtic and Anglo-Saxon
Studies at the University of Aberdeen; she is currently an independent
historical researcher