17th, "The Statutes of King ROBERT the Third." The authenticity of these Laws and Treatises, particularly of the Leges Malcolmi, Regiam Majestatem, and Quoniam Attachiamenta, has been challenged by several of our Lawyers and Historians, especially by Sir DAVID DALRYMPLE of Hailes, and their authority contended for by Sir JOHN SKENE and others.20

Mr ERSKINE, in discussing what authority the Books of the Majesty, and the other tracts in SKENE's collection had or ought to have in the Courts of Scotland, makes the following observations:-" The Regiam Majestatem is said, by its preface, to have been written at the command of King DAVID, and with the consent of the people and clergy; and though no confirmation by the legislature now appears, our later statutes have expressly acknowledged it for the ancient law of Scotland; supra, § 32. The authenticity of the Borough-laws and of the Assisa Regis Davidis, which are universally agreed to have been enacted by the same DAVID, and of the statutes of WILLIAM, ALEXANDER II., DAVID III., and the three ROBERTS, hath never been called in question, so that these must have had, when they were first enacted, the authority of law. The remaining tracts in that collection were either written by private hands, as Quoniam Attachiamenta, Iter camerarii, &c., or by ma

20 See Lord HAILES'S Examination of some of the Arguments for the high antiquity of Regiam Majestatem, and an Inquiry into the Authenticity of Leges Malcolmi (Edin. 1769). Sir JOHN SKENE'S Epistle to the Reader, prefixed to his Translation; ERSK. b. i. tit. i. § 32, et seq.; STAIR, b. i. tit. i. § 16, and b. iii. tit. iv. § 27; CRAIG, 1. i. dieg. 8, § 11; and Mr THOMSON's Reports on the Records, &c.

gistrates of boroughs, as Statuta Gilde; and therefore have had at no time any proper authority. But the whole of SKENE'S collection, even that part of it which was originally authoritative, gradually lost its force, because, not having been preserved from interpolation by any public record, the copies, in passing through different hands, had been in many places corrupted. The legislature, with a view to give authenticity to such of those remains as should be found to deserve it, directed three several committees to be appointed for revising and correcting them, who were to make their report to Parliament, 1425, ch. 54; 1487, ch. 115; 1633, ch. 20. But as no such revision or report appears to have been made by any of the three, and far less any ratification by Parliament, it may be concluded that none of these remains ought to be received as of proper authority in the Courts of Scotland. Nevertheless they may be produced, not only for illustrating, but even in proof of our ancient customs. They are also of excellent use towards understanding the history and gradual progress of our law; and consequently may furnish a lawyer with proper arguments where statute law is silent, and the more modern practice doubtful."21

The statute law of Scotland, in its proper and strict sense, therefore, commenced upon the return of JAMES I. from England in 1424, and now consists of the Acts of Parliament (so far as not repealed or altered) passed during his reign and those of his successors till the Union in 1707, and of such of the British Statutes as are applicable to Scotland.22

21 ERSK. b. i. t. i. § 36.

The reigns of the first five JAMESES and of MARY were distinguished by many statutes of great importance and advantage at the times they were passed, and by several that continue in operation, and are of the greatest utility at the present period. Of those so remaining in force, the following are especially deserving of notice, viz. The act 1449, ch. 6, intituled "The byer of Landes suld keepe the Tackes set before the bying;"-The act 1469, ch. 4, intituled "Of obligations to be followed within fourtie zeir, or else prescrieve;"-The act 1469, ch. 12, intituled "That the puir Tennentes sall pay na farther than their terms maill for their Lordis debt, be the briefe of distresse;"―The act 1474, ch. 6, intituled "Of ane Tutor and his age;"-The act 1475, ch. 8, intituled "Anent the brieve of Idiotrie and furiositie;"-The act 1487, ch. 17, establishing the Convention of Royal Burghs;-The act 1503, ch. 37, introducing the power of subfeuing lands;-The act 1532, ch. 2, instituting the present Court of Session;-The act 1540, ch. 40, intituled "The nearest of the kin, to have the gudes of minors, that dies intestat, without prejudice of the Quote;"―The act 1555, ch. 8, "Anent the ordour for giving of Curatoures to Minors;"-And the act 1555, ch. 18, providing for the examination and admission of Notaries by the Lords of Session.

Much of the time and attention of the Scottish Parliament during the reign of JAMES VI. was occupied by

22 The statute law of England commences with the reign of RICHARD I. in 1189, the previous acts of Parliament not being pleadable as such. See FLINTOFF'S Rise and Progress of the Laws of England and Wales, 1840.

the legislation necessary upon the substitution of the Reformed Religion for Popery, and the changes in the national religion between Presbyterianism and Episcopacy.

Of the statutes disconnected with ecclesiastical affairs and passed during the reign of James VI., and still forming part of our Statute Law, the following are highly important :-The act 1573, ch. 1, introducing the right of divorce on the ground of four years' wilful desertion; -The act 1579, ch. 12, "For punischment of strang and idle Beggars, and reliefe of the pure and impotent," which is the foundation of the Scottish system of poor laws;—The act 1579, ch. 13, which contains the original constitution of a Register of Hornings;-The acts 1579, chaps. 19, 20, and 21, establishing a triennial prescription in certain cases;-The act 1581, ch. 24, which established a Register of Inhibitions and Interdictions;— The act 1594, ch. 24, by which the doctrine of the long positive prescription originated;-The act 1608-9, ch. 14, which originated the office and jurisdiction of Justices of the Peace in Scotland;-The act 1617, ch. 12, “ Anent prescription of Heritable Rights;"-The act 1617, ch. 16, "Anent the registration of Reversions, Seasings, and other writs;"And the act 1621, ch. 18, which continues one of the principal statutes against alienations by debtors to the prejudice of their creditors.

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The system of teinds or tithes in Scotland was remodelled and regulated by CHARLES I. and his Parliament, with the most beneficial results to the agriculture of the country.

Various excellent laws were made during the Usurpation; but, having been rescinded and declared null on the restoration of CHARLES II., they cannot be considered as forming any part of our Statute Law.

The statutes passed during the reign of CHARLES II. were both numerous and important. Besides many relating to teinds and ecclesiastical affairs, the following relating to other matters require attention, viz. The act 1661, ch. 88, intituled "Act concerning Appearand Heirs, their payment of their Predecessors, and their own debts;"―The act 1661, ch. 338, being a commission and instructions to the Justices of Peace and Constables;The act 1661, ch. 344, intituled “ Act for ordering the payment of Debts betwixt Creditor and Debitor;" The act 1669, ch. 14, establishing various periods of prescription in certain cases;-The act 1672, ch. 2, intituled "Act concerning Pupils and Minors, and their Tutors and Curators;"-The act 1672, ch. 40, intituled "Act concerning the regulation of the Judicatories," which, inter alia, remodelled the Court of Justiciary after a new form, which subsists till this day;-The act 1672, ch. 45, intituled "Act,concerning Adjudications;"The act 1681, ch. 5, which continues the leading statute respecting the execution and the authentication of deeds; -The act 1681, ch. 13, intituled "Act concerning the Registration of Seisings, and Reversions of Tenements within Burgh;"-The act 1681, ch. 82, which greatly enlarged the powers and privileges of the Court of Admiralty;—And the act 1681, ch. 86, authorizing summary execution on protests of foreign bills of exchange.