455 of either in appearing in perfon to give his oath, loft him his eaufe for ever. • VII. The next found, that if there were any plea on the marches between a plantif and defendant that affected life or limbs, and if the defendant happened to die within the fifteen days preceding the day of trial, his body fhould be carried to the marches at the time, and to the place appointed between the parties; because no man can be effoigned by death. Again, when the appellant delayed his appearance beyond the appointed day, the defendant ought to pafs to the marches and to obtain an atteftation from three barons, witneffing that he had reregularly made his appearance on the day prefixed; and this being attefted by them, he was to be, in all time coming, free from challenge in that cafe: but if any or all of these barons refufed to give teftimony of the above fact, he might oblige them to decide the truth of this charge by a combat: and the fame rule was to hold with regard to the appellant. • VIII. It was alfo found, that if any Scottish robber stole in England an horse, oxen, or cows, or any other thing, and carried the goods ftolen into Scotland, the perfon whofe property they were, wherever he difcovered them, might appear in the court of the lords in whose lands he found the ftolen goods, and fhould there recover them by his own oath and the oaths of fix perfons befides; unless the perfon poffeffing the goods, affirms them to be his own, in which cafe the question must be decided by a combat on the marches. IX. The next article fixed was, that in any trial on the marches that affected life or limb, as for robbery, theft, or murder, where the defendant was convicted by the iffue of a combat, his fureties ought not to be anfwerable for a greater fum than the plaintiff mentioned in his charge. But if the perfon accused was convicted of flaying a man, and his fureties were dead, he was obliged to make good the forfeiture; if his own money, and that of his fureties, together with the produce of their corns expofed to fale, were fufficient for that purpose: and if the fureties were not dead, and the accufed was convicted by combat, all the goods he poffeffed at the time of attacking him, ought to incur forfeiture to the purfuer. But all fuch perfons ought to purge themfelves in the fame manner, as those who, having no fureties, are fuffered to go out of prison. • X. It was next declared, that if a malefactor, paffing from one diftrict or province of the kingdom into which he had entered, into another, defired to obtain protection, he should receive it from thofe having power to grant it, viz. from the fheriff of the county into which he had entered; and if he could not find the sheriff, he might obtain peace at the first church, by ringing the bells, and fhould remain in peace there, until protection was granted by the fheriff. But if before thus obtaining his peace he was attacked, he might be brought back without any oppofition. • XM It • XI. It was farther agreed, that if any inhabitant of either kingdom affirmed, in oppofition to a claimant of the other, that a horfe, ox, cow, or hog, in his poffeffion, was his own, he fhould have the ufual respite of days established between the the kingdoms, before the matter was brought to a trial. And on the day fixed for that, if he chofe to avoid a combat, and knew that the thing was not his own, he was obliged to bring it to the marches, and inform the opposite party that he was fatisfied upon inquiry, that the horfe, &c. was the property of that party, and after this declaration he was bound to drive it into the water of Tweed or Efk; and the defendant should then be free from the claim or challenge brought against him. But if it was drowned before it reached the mid-ftream of the water, the defendant ought, according to the cuftom of the marches, to be ftill answerable for it; and this extended to an ox, cow, or fwine, or other things, only nothing was eftablished about a load. XII. They farther agreed, that no inhabitant of either kingdom could prove his property in any thing poffeffed by an inhabitant of the other, by witneffes, but folely by the body of a man whence many combats muft needs enfue, from the ftrifes that arose from time to time on the marches. XIII. They farther agreed, that any perfon in either kingdom pursuing for the recovery of a debt due to him in the other, ought, according to the laws of the marches, if the perfon indebted to him were a clerk, to feek justice from the clerks, if a knight from the knights, and if a burgefs from the burgeffes; by which claffes alone judgment is refpectively to be given, where their brethren are concerned. Finally they agreed, that the magiftrates within and without burghs fhould have power to diftrain the inhabitants of each kingdom, in order to enforce the observation of the aforesaid customs between the kingdoms.' Thefe regulations appear to have been fufficiently well calculated for repreffing the violence of individuals, and it is probable, that the two monarchs at this time were perfectly fincere in the difpofition they profeffed for obtaining that equit able purpose. But the tranquility of the borders was much more endangered from the turbulence of powerful chieftains, than from the thirft of depredation, by which the inferior inhabitants might be inftigated; and to restrain the rapacity and exceffes of thofe fubjects, required, on many occafions, the utmoft exertion of the royal authority. The author of this work has evidently beftowed much labour in examining the teftimony of the English and Scotch hiftorians; and at the fame time that he has illuftrated the narrative by notes, he has frequently admitted into thefe fuch anecdotes, as we doubt not will prove entertaining to the rea ders ders of a particular clafs. As a fpecimen of the compofition, the following paffage is inferted. The evidences produced by Edward, on this occafion, of the fovereignty, or direct dominion of the kings of England over Scotland, confit of paffages from various ancient writings, proceffes, and chronicles, preferved in the English and Scottish monafteries; many of which have been mentioned in their proper places in the preceding part of this hiftory. Most of thefe paffages recite inflances of the fubjection and homage paid by feveral of the kings of Scotland to English monarchs; but the accounts given of thefe inftances are rather so indefinite, or accompanied with circumftances fo fabulous or improbable, as not to deserve the name of hiftorical evidence. They are introduced by Geoffry of Monmouth's fable of king Brute, and his three fons; and in the conclufion is inferted an abfurd monkish tale, from the legend of St. John of Beverley, about Athelstane's conqueft of Scotland. The record of the homage paid at York in 1175, by William the Lion, and his prelates and nobles, to Henry II. is inferted at length; being, when confidered in itfelf, a clear and fatisfactory evidence in fupport of Edward's claim; but no notice is taken of the relaxation from this fubjection, granted to William by Richard I. and in the account of the homage which William paid to Richard of Canterbury in December 1189, it is not mentioned that this homage was only done for his dignities in England, as poffeffed by his broter Malcolm. In a word, this writing of Edward, on being compared with authentic records and hiftorians, appears to be defective and unfair; and if, as the narrative drawn up under Edward's direction bears, the Scots advanced nothing to dif prove his allegations, it argued either the prevalence of fervile fear and interested views, or an ignorance, almoft incredible, of what the chronicles, and archives of both nations contained. It gives alfo an unfavourable idea of Edward's title to the fovereignty he claimed, that he appears to have feized with avidity the opportunity of obtaining an acknowledgment of it from the great men of Scotland, at a time when they wanted a fovereign, and were in a molt defenceless state, by the factions that prevailed among themfelves. It is alfo apparent, that, in order to procure this acknowledgment, he employed all his art, and made a formidable difplay of his power. His art particularly appeared in bringing fo great a number of candidates on the field, and in his giving hopes of obtaining the difputed crown, to all or moft part of thofe competitors; who, without fo powerful an encourager, could never have entertained any fuch expectation, or infifted fo long in the profecution of it. The more remote claimants, for the fake of attaining fo great an object, would not fcruple to gratify Edward, by recognifing him as the fovereign of themselves and country. Such a recognition made by men of high rank and intereft, who had alfo royal blood in their veins, and were moft nearly concerned t VOL. XLI. June, 1776. H h mais maintain the dignity of the ancient royal race, paved the way for others, who were not thas connected with it, to make the fame acknowledgment. This multiplication of candidates was the readieft way to make them fubmiffive to Edward, as their common lord and judge; and even to bring thofe to his terms, who had the belt right in themselves. Thus we shall find, that John Baliol, on a very improbable pretence of ignorance, abfented himself from the firtt affembly, in which Edward's fovereignty was acknowledged by his fellow candidates; but as foon as he knew that this recognition was made by Brus, and all the rest of them, he immediately refolved to follow their example: juftly apprehending, that if he refufed to do it, those whofe pretenfions were the weakest, would have a better chance to fucceed to the crown than himself. The obtaining this recognition from all who were related to the royal race, ferved alfo to prevent or weaken, the credit of pretenders, who might arise to the crown, in cafe of difcontent with Edward's decifion; which, in a nation fo turbulent and divided, there was the greateft reason to apprehend. • In what manner the candidates and Scottish nobles were employed, during the interval of twenty days between their leaving Norham and returning again to it, doth not distinctly appear. It feems certain, that their own jealoufies and difcords, joined to the king of England's influence, hindered any general concert for maintaining the rights of their country. If any wished to affert thefe rights, they were intimidated by Edward's great power, and the numerous forces with which he was ready to enter Scotland And, according to fome of the English an nalifts, he had publicly fworn by St. Edward, whose crown he inherited, that he would rather lofe his life than abandon the profecution of his right. In thefe circumstances, none of the competitors could entertain the leaf reasonable hope of fuccefs to himself, without gratifying Edward in what he fought with fuch fuperior power and determined refolution. And a crown, though, dependant, was, to each of them a temptation too great to refift. Such of the competitors, therefore, as had gone into Scotland, together with many of the prelates and nobles of that kingdom, returned to Norham on the day prefixed. And Edward, in fome degree to remove their fears and fcruples, gave them a fafe-conduct, to continue until the feaft of Pentecoft; and alfo a conceffion, that their prefent coming to Norham fhould not prejudice them or others of their countrymen, by obliging them to cross the Tweed on the like occafions. On the 2d of June, the day of meeting, eight of the competitors, with feveral of the prelates, nobles, and community of Scotland, appeared, and being affembled on a green plain, oppofite to Norham calle, on the Scottish fide of the Tweed, they were required, in the name of the king of England, by the bishop of Bath and Wells his chancellor, to give a precife and peremptory anfwer with regard to his claim of fovereignty over their country; and, if they were poffeffed of any documents fufficient to overthrow this claim, to exhibit them without de lay. No fuch documents being offered, the chancellor next required, that each of the competitors there prefent fhould folemnly recognise the fovereignty of Edward over Scotland, and make an abfolute fubmiffion of their pretended right to the Scottish crown to his decifion. Such recognifance and fubmiffion were accordingly first made by Robert Brus, and after him, by all the other competitors. Then Thomas Randolph, a knight of John Baliol, excused the abfence of his lord from this affembly, pretending he was ignorant of the day appointed for it, and requested that Baliol might be admitted on the day following, in his own perfon, to pursue his claim, which Randolph affirmed to be preferable to the claims of the other competitors. Baliol did accordingly appear on the morrow, and made in the fame place the fame recognition and fubmiffion which the others had done the day before.' Thefe annals contain a more minute account of the tranfactions on the borders than is to be found in any general hiftory of either kingdom; and as the author appears to have conducted the narrative with ftri&t impartiality, it is probable that the work will prove interefting, at least to thofe who refide near the fcenes which are the local fubject of the detail. TRa VII. Travels in Greece: or, an Account of a Tour made at the Expence of the Society of Dilettanti. By Richard Chandler, D. D. Fellow of Magdalen-College, and of the Society of Antiquaries. 4to. 16s. Boards. (Continued from p. 355. Dodfley. Radition feems at Athens to be now fo totally obliterated, that Dr. Chandler is obliged to have recourfe to ancient writers for afcertaining the fituation of the most remarkable objects mentioned in the accounts of that celebrated capital. The hill of the Areopagus is one of thofe places the identity of which is proved by the teftimony of Paufanias, who describes it as being oppofite to the cave of Apollo and Pan; and likewife by that of Lucian, who fpeaks of its locality in respect to pnyx. This venerable hill is afcended by steps cut in the rock, and by it, on the fide next to the temple of Thefeus, is a small church of St. Dionyfius, near one ruined and a well now choked up, in which they pretend that St. Paul was hid on fome occafion. The upper council of Athens, fays Dr. Chandler, affembled in the areopagus, and a writer of the Auguftan age has recorded the clay-roof of the fenate-houfe there as very ancient and still exifting. Paufanias informs us, that he saw on the fide Hh 2 next |