In one of the earliest charters in King David’s reign, we find a slight change in the position of these _comites_. It is the first of David’s charters to the monastery of Dunfermline, and in this charter five bishops appear who alone prefix to their names the word ‘Ego,’ and add the title of Episcopus simply with the word confirmed; and then follows a list of names of persons who are said to be ‘hujus privilegii testes et assertores,’ and these are headed by five earls—viz., Ed Comes, Constantinus Comes, Malise Comes, Rotheri Comes, and Madeth Comes.[71] The last three are obviously the same with three of the earls who subscribe the Scone charter, and who, we have seen, had been Mormaers of Stratherne, Mar, and Atholl. Constantin appears in a subsequent charter, where King David grants to Dunfermlin ‘the whole shyre of Kirkcaldy, which Earl Constantine held from them by force, in perpetual charity,’ and this charter is simply witnessed by three bishops and three earls—viz., Madeth Comes, Malis Comes, Head Comes.[72] Constantin, however, appears in two documents in the Chartulary of St. Andrews, in which he is described as Earl of Fife. In the first, which is the memorandum of the grant by Edelrad, son of Malcolm, king of Scotland, abbot of Dunkeld, and also Earl of Fife, of the lands of Admore, it is said to have been confirmed by his brothers David and Alexander ‘in presentia multorum virorum fide dignorum scilicet Constantini Comitis de Fyf viri discretissimi.’ The second is a perambulation of the boundaries of Kirkness and Lochore, when the king sends his messengers through the province of Fyf and Fothrithi, and summons many of their people in one place—viz., Constantinem Comitem de Fyf virum discretum et facundum cum satrapys et satellitibus et exercitu de Fyf et Macbeath Thaynetum de Falleland (Falkland), etc. The dispute is then referred to ‘tres viros legales et idoneos,’ the first of whom is ‘Constantinus Comes de Fyf magnus judex in Scotia.’[73] We thus see that one of the principal functions of these old Mormaers, who now appear as comites or earls, was judicial, and it is probable that the title of Magnus judex, or great judge, given to Constantin, is simply the Latin equivalent of the Celtic title of Mormaer, or great maer, and by the ‘satrapes,’ probably the same persons are meant who appear in the Book of Deer with the Celtic title of Toiseach. The ‘Ed comes’ who precedes Constantin in the first of King David’s charters may possibly be the same person as the ‘Head comes’ who witnesses the second, but neither can be identified.[74]