nd of Scotland".
[1] See _Memoranda, de parliamento_ (1305), ed. F.W. Maitland
(Rolls Series).
Following the general lines of the settlement of the principality of
Wales, the ordinance combined Edward's direct lordship over Scotland
with a legal and administrative system separate from that of England.
John of Brittany, Earl of Richmond, the king's sister's son, was made
Edward's lieutenant and warden of Scotland, and under him were a
chancellor, a chamberlain, and a controller. Scotland was to be split
up for judicial purposes into districts corresponding to its racial and
political divisions. Four pairs of justices were appointed for each of
these regions, two for Lothian, two for Galloway and the south-west,
two for the lands "between Forth and the mountains," that is the
Lowland districts of the north-east, and two for the lands "beyond the
mountains," that is for the Highlands and islands. Sheriffs "natives
either of England or Scotland" were nominated for each of the shires,
and it was significant that the great majority of them were Scots and
that the hereditary sheriffdoms of the older system were still
continued. The "custom of the Scots and the Welsh," that is the Celtic
laws of the Highlanders and the Strathclyde Welsh, was "henceforth
prohibited and disused". John of Brittany was to "assemble the good
people of Scotland in a convenient place" where "the laws of King David
and the amendments by other kings" were to be rehearsed, and such of
these laws as are "plainly against God and reason" were to be reformed,
all doubtful matters being referred to the judgment of Edward. The
king's lieutenant was bidden to "remove such persons as might disturb
the peace" to the south of the Trent, but their deportation was to be
in "courteous fashion" and after taking the advice of the "good people
of Scotland". Care for the preservation of the peace, and for
administrative reform, is seen in the oath imposed upon officials and
in the pains taken to secure the custody of the castles. The Scots
parliament was to be retained, and recent precedents also suggested the
probability of Scottish representation in the parliament of England. If
Scotland were to be ruled by Edward at all, it would have been
difficult to devise a wiser scheme for its administration. Yet the
Scottish love of independence was not to be bartered away for better
government. Within six months the new constitution was overthrown, and
the chief par
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