disposed towards that claim, which some of his countrymen have put in,
for the originality of the Regiam Majestatem. “The Regiam Majestatem
ascribed to David the first seems,” he observes, “to be an imitation
and a servile one, of Glanville. Several Scottish Antiquaries, under
the influence of that pious credulity, which disposes men to assent
without hesitation to whatever they deem for the honor of their native
country, contend zealously, that the Regiam Majestatem is a production
prior to the Treatise of Glanville; and have brought themselves to
believe, that a nation, in a superior state of improvement, borrowed
its Laws from one considerably less advanced in its political progress.
The internal Evidence (were it my province to examine it) by which
this theory might be refuted is in my opinion decisive. The external
circumstances, which have seduced Scottish Authors into this mistake,
have been explained with so much precision and candor by Sir David
Dalrymple, in his Examination of some of the arguments for the high
antiquity of the Regiam Majestatem, Eding, 1767. 4to, that it is to be
hoped, the controversy will not be again revived.”[26]
[Footnote 25: Reeves’s Hist. Eng. Law 225.]
[Footnote 26: Hist. Charles 5. Vol. 1. p. 296.]
In dismissing this subject, it may be remarked in the words of Mr.
Reeves, that it seems unnecessary to contend for the originality
of the Regiam Majestatem, whilst a doubt of much more importance
remains unsettled—whether that Treatise, as well as the others in the
publication of Skene, are now, or ever were, any part of the Law of
Scotland, on which, as we have already observed, so many eminent men
differ. On the other hand, the authenticity of Glanville, as the code
of Law existing in this country during the Reign of Henry the Second,
has been admitted, either expressly or impliedly by all the English
Lawyers, who have florished in the long interval which has elapsed
from that period to the present, and never has been questioned, if we
except a solitary _dictum_, which, as it equally affected the credit
of Bracton, and was totally unauthorised, is refuted by a thousand
circumstances, if it were an object to mention them.[27] But to return
from this digression.
[Footnote 27: Plowd. 357.]
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