messuage.’[85] The king of England referred this question to the eighty Scotch arbiters, who had been elected by the parties, who were asked to decide—‘first, whether the kingdom of Scotland is partible; second, although it be that the kingdom is not partible, whether the lands acquired and the escheats are partible or not. The third, whether the earldoms and the baronies of the kingdom are partible of right; and the fourth, seeing that the kingdom is not partible, in case the right to the kingdom falls to daughters, whether any consideration ought to be paid to the younger ones, by reason of the equality of right which descended to all, as though in acknowledgment of their right,’ This discussion only bears upon our subject in so far as it affects the position in this respect of the old earldoms, and it is unnecessary to refer to the answers of the arbiters, except to the third and fourth questions. ‘To the third they say that an earldom in the kingdom of Scotland is not partible; and this was found by judgment in the Court of the king of Scotland as to the earldom of Astheles, or Atholl; but as to baronies, they say that they are partible. To the fourth they say that as to a kingdom they never saw the like; but if an earldom falls to daughters in Scotland, the eldest takes it wholly. But if either of the other sisters has not been provided for, in the life of the father, it is proper that the eldest, who takes the inheritance, makes her a payment and assignment. And this is of grace, not of right.’[86]