Though the Translator had not the good fortune to meet with Mr.
Davidson’s Pamphlet, he was more successful in discovering Skene’s
translation of the Regiam Majestatem, deposited in Lincoln’s Inn
Library. The Translator intended to have noticed such parts of the
Regiam Majestatem, as coincided with Glanville. But, after having,
with some attention, perused the former Book, he found the similarity
between the two works so very general, and the correspondence so
exact, that the Regiam Majestatem might frequently be taken verbal
Translation of Glanville, or, at least, as another Edition of the
same Treatise, in which the writer had made some slight additions
and alterations, and had capriciously amused himself in contriving an
arrangement totally different, though far less happy and systematical.
The Translator has, therefore, generally contented himself with
noticing those deviations between the two works, which were more
immediately relevant to his subjects. Nor has he always stopped here,
but has availed himself of the Regiam Majestatem, whenever it was
less ambiguous, or more decided than Glanville, which from the very
circumstance of its being a _posterior_ publication, it sometimes
naturally will happen to be. In addition to the Regiam Majestatem,
reference has been occasionally made to the Grand Custumary of
Normandy, Bracton, Fleta, Britton, Coke, Hale, &c. &c. Some of these
references serve to corroborate—some to illustrate the Text: some
tend to shew that a Law was not peculiar to this Country, and some
that a similar Rule has been adopted even in Modern Times by a
neighboring State. In consulting the Laws of that state, and noticing
those instances of strong or faint resemblance between them and the
Code of Henry the Second, the Translator acted in deference to the
suggestions of a Gentleman, who, though possessed of the most profound
legal knowledge, is yet more entitled to our admiration for his
singular liberality of sentiment, and urbanity of manners. If the more
enlightened mind derive no benefit from the plan which has been adopted
in the notes, and anticipate the Result; yet, it is hoped, the Student
may receive some advantage from it. But, if the Translator has been
too diffuse in some instances, he has, on other occasions, contented
himself with a bare reference. He has been averse to swell the Notes,
where a bare citation would serve to direct the Student, if disposed to
extend his inquiries. In addition to the Translator’s own Notes, the
Reader is furnished with a few annotations extracted from a copy of
Glanville, formerly belonging to Mr. Justice Aland, and now deposited
in the collection of the Royal Institution. Yet, should it be observed,
it is not perfectly clear whether these annotations were made by that
learned Judge, or by the Reverend Mr. Elstob, a gentleman deeply versed
in Anglo-Saxon Literature. By way of distinction, these Annotations are
particularised by (Al. MS.)
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