With respect to the Annotations, it was the Translator’s original
intention to have confined himself to a mere explanation of the
obsolete Terms. But, anxious to render the work more extensively
useful, he has not unfrequently departed from his first design. Among
the works occasionally referred to, the Reader will recognise the
Regiam Majestatem—so termed from the words with which it commences.
This work has been sometimes received, as containing the genuine
ancient Law of Scotland—sometimes rejected, as a mere spurious
fabrication. Among the names in collision on this point are those of
Skene, Erskine, Lord Kaims, Houard, Dalrymple, Craig, Lord Stair and
Dr. Robertson. Nor has there been less dispute whether Glanville, or
the Regiam Majestatem be the original work. But this question is said
to be satisfactorily disposed of by Mr. Davidson, who has published a
pamphlet expressly on the subject, and has proved, if it were necessary
to prove, what is rendered indubitable by the internal Evidence of the
two Works, that Glanville is the original; observing, at the same time,
“that Glanville is regular, methodical, and consistent throughout;
whereas the Regiam Majestatem goes out of Glanville’s method for no
other assignable reason, than to disguise the matter, and is thereby
rendered confused, unsystematical, and in many places contradictory.”
The Translator has not been able to meet with Mr. Davidson’s work, but
is indebted to the preface attached to the last Edition of Glanville
for this Summary of it. “To this observation upon the method of the
Regiam Majestatem,” says Mr. Reeves, “it may be added, that, on a
comparison of the account given of things in that and in Glanville,
it plainly appears, that the Scotch Author is more clear, explicit,
and defined; and that he writes very often with a view to explain the
other, in the same manner in which the writer of our Fleta, explains
his predecessor Bracton. This is remarkable in numberless instances
all through the Book, and is, perhaps, as decisive a mark of a copy
as can be. The other Scotch Laws, which follow the Regiam Majestatem
in Skene’s collection, contribute greatly to confirm the suspicion.
These, as they are of a later date than several English Statutes which
they resemble, must be admitted to be copied from them; and so closely
are the originals followed, that the very words of them are retained.
This is particularly remarkable of the Reign of Robert the Second, in
which is the Statute of _quia Emptores_, and others plainly copied
from our Laws, without any attempt to conceal the imitation. These
Laws, at least, can impose upon no one; and when viewed with the Regiam
Majestatem at their head, and compared with Glanville and the English
Statute Book, they seem to declare very intelligibly to the world, that
this piece of Scotch Jurisprudence is borrowed from ours.”[25] Nor is
the enlightened and liberal Historian Dr. Robertson more favorably
Public-domain text, read in full here on John Shaqi.
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