and determined; it is farther statute and ordained by the authority aforesaid, that this ought not to have been regulated, nor should be in future, according to the practice observed in regard to inferior fees and inheritances, as such had not been the custom in regard to the succession of the kingdom: But that the male nearest to the king at his death, descending in the direct line; or, failing such male, the nearest female in the same direct line; or, failing the whole direct line, the nearest male in the collateral line; respect being always had to the right of blood by which the deceased king reigned; and which heir so designed, shall succeed to the kingdom, without any let, hindrance, or contradiction whatsoever; and this seems sufficiently agreeable to the imperial law."

"And, to the observance of the premises, in all and singular, without guile, fraud, fiction, or evil intention, in all future time, the bishops, abbots, priors, and the rest of the clergy, according to the form prescribed to them by law, and the carls, barons, knights, freeholders, and others of the community, laying their hands upon the holy evangile and the relics of the saints, pledged

A. D. 1718. Dec.

A. D. their great oaths, and in testimony of the

1318.

same affixed their seals thereto."

Dec.

By the strong sweeping clause in the first article of this statute, the Scots legislature certainly intended to include the Pope, whom it was not considered decorous to name among the enemies of the king and people of Scot

land; although he had shewn himself to be the avowed partizan of the King of England, and of whom all his chief counsellors, the leading cardinals, and several of his relatives, were the devoted pensioners.

Doubts may be entertained respecting the precise import of some parts of the provisions of this act of settlement, in certain supposable

It certainly has the appearance of setting aside the collateral succession of females, and consequently of precluding the succession of the male heirs of collateral females. This interpretation, however, could not possibly be in the contemplation of the legislature at the time: For there were not then any collateral male heirs to the king, excepting the sons of his sisters; and its true intent is therefore to be understood as only precluding these sisters themselves from the succession. To understand it otherwise, would be to suppose that the Scots legislature meant to have challenged

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the very line of succession by which the grandfather of Robert claimed the crown in 1292, and upon which Robert had established his own right; and which right a former Scots legislature had solemnly recognized in February 1310, when they declared that Robert lord of Annandale, the competitor, ought to have been preferred to Baliol. Besides the words in the collateral clause, "respect being always " had to the right of blood by which the last "king reigned," must be considered as authorising the succession of the nearest collateral male descended from a female collateral, while female collaterals were themselves excluded: And, in reference to the plea of Bruce the competitor, preferring the son of a younger collateral female, before the grandson of an elder, especially if that grandson were by a daughter.

Besides settling this highly important point of the royal succession, several other salutary laws were enacted in this parliament, some of which may be deserving of notice. We have a series of the statutes of Robert I. published by Skene, along with the book called Regiam Majestatem. But the excellent annalist of Scotland asserts, after an attentive collation of various M. S. copies of these laws, that the

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edition of Skene is exceedingly inaccurate, and that his version of them into the Scots dialect strangely mistakes or perverts the sense of the original *.

1. The liberties and immunities of the national church were asserted, and provision was made for the security of the persons and property of ecclesiaties.

2. All men were required to array themselves in readiness for going to war; and, according to their several conditions, were to be provided with defensive armour, and weapons of offence.

Every layman possessed of land, who had ten pounds worth of moveables, equal to an hundred and fifty pounds of modern money, was ordered to provide an acton, a basnet †, and gloves of plate, with a sword and spear. Such as had not an acton and basnet, to have a habergeon, a good iron jack, and an iron knapiskay, with gloves of plate. All this under forfeiture of his goods and gear, or moveable property, half to the king and half to his over lord or superior. Every man hav

A. of S. I. 95.

+ A stuffed leathern jacket and helmet.
Coat of mail, breast-plate, and head-piece.

ing the value of a cow, to be provided with a bow and a sheaf of twenty-four arrows, or a spear. All sheriffs and lords were conjoined to make inquest into the execution of this law, and to order weapon showing in the Easter week next ensuing *.

3. Every person while on the road to the royal army, was required to subsist at his own charges, without oppressing the country in any manner of way; and the mode of punishment for the transgression of this statute was thus accurately laid down.

Whoever committed slaughter, robbery, or theft, in coming to, remaining at, or returning from the army, was to be punished by the justiciary, in proportion to the enormity of the crime, and according to law; and the bailie or judge, where the malefactor dwelt, was ordered to attach him for compearance before the justiciary at the place where the offence was committed †.

4. All who came to the royal army, were enjoined to bring carriages and provisions along with them; or such as came from places too far distant for that purpose, were ordered to bring a sufficient suin of money to

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