[508] Flatey Book in Col. de Reb. Alb., p. 354.
[509] Chron. Mel. 1214. Fordun, l. 8, c. 79. The latter historian alludes to an old tradition that Stirling was once the spot where the territories of the Scots (i.e., Picts) marched with those of the Britons.
[510] Newbridge, l. 2, c. 19. As he concluded his history in 1195, the later years of William must refer to Richard’s reign. The influence of good Queen Margaret appears to have died out in the days of her great-grandchildren, and it is to this probably that the historian alludes, insinuating that it arose through the fault of their mother, Ada de Warenne. William left several illegitimate children. His sons were Robert de Lundoniis and Henry Gellatly, of whom little or nothing is known. His daughters were—1. Isabella, married in 1183 to Robert de Bruce, and in 1191 to Robert de Ros. 2. Ada, married in 1184 to Earl Patrick of Dunbar. 3. Margaret, married in 1192 to Eustace de Vesci; and 4. Aufrida, married to William de Say. Vide Hailes’ Annals, vol. 1, p. 156.
[511] The passage occurs in the “Instructio Principis” of Girald. Camb. “Distinctio prima;” but I quote it from “Innes’s Sketches,” etc., p. 144, note 2. Giraldus probably wrote feelingly, for though twice elected to the see of St. Davids, the choice of the Chapter was not confirmed. Right or wrong, the Scottish sovereigns seem to have persevered in William’s policy, and when Robert Bruce conferred the earldom of Moray upon Randolph “in libero comitatu et in liberâ regalitate,” the church patronage was expressly reserved. Reg. Morav. No. 264.
[512] Innes’s Appendix, No. 1, sec. 3. Wynton (Macpherson), note to bk. 7, c. 8, l. 20.
[513] Assize Will., 9, 29, 15, 8, 22, 23, 37, 38, 42. Assize David, 26, 27, 28. The right of the heir to inherit, in spite of the felony of his ancestor or kinsman, will be found in the old Germanic laws as well as in the Gavelkind tenure, which was originally allodial.
[514] Assize Will. 12. Assize David 12. In David’s time it was frequently “the royal judge” who sat in the lesser courts. The sheriffdom was not universally established, at any rate, before the close of his reign. From the wording of his enactment, “prepositus vel ballivus ville,” it would appear that before his reign every “lord of a vill,” in other words, every “lord of the manor,”—or his equivalent—had the power of life and death.
[515] Assize Will. 20. Hoveden 1197 (p. 440). His words are, “Eodem anno Willielmus rex Scottorum de bono sumens exemplum, fecit homines regni sui jurare quod pacem pro posse suo servarent, et quod nec latrones, nec robatores, nec utlagi nec receptatores eorum essent, nec in aliquo eis consentirent, et quod cum hujusmodi malefactores scire potuerint, illos pro posse suo caperent et destruerent,” exactly tallying with the regulations of the Council of Perth. From the expression de bono sumens exemplum, it would appear that he followed some English example.
[516] Assize Will. 25, 19. Assize David 25. In the reign of David all the greater magnates attended in person the royal Moots, held every forty days, which in William’s reign probably became Sheriffs’ Moots. The expression “all who have the freedom and custom of an earl,” occurs Assize David 16.
[517] Vide the earlier charters in the Registers of Moray, Aberdeen, and Glasgow, particularly Reg. Morav. No. 5. Glas. 13, 70.