Blair Collection > Critical dissertations on the origin, antiquities, language, government, manners, and religion, of the antient Caledonians, their posterity the Picts, and the British and Irish Scots

Among the ancient Scots. i^g
Together with the language, cudoms and
laws of the Saxons, Malcolm Canemore introduced
Saxon or French titles of mngiibacy and honour,
unknown till then in Scotland.
Before that time North Britain, like other un-
polifhed countries, may be fuppoftd to lave been
very defective in its laws. Hedor Eoece, and
fome other Sccttifh hiftorians, have given the wcr'd
an abflraft of feme excellent laws made by Ken-
neth the Second and Macbeth : but their autho-
rity on this head is extreamily queftionable. There
is another body of laws which are comm.only at-
tributed to Malcolm, the fecond of that name,
who in the year 1004 mounted the throne of
Scotland : but our ableft antiquaries have been
much divided on this fabjec^f. The learned Sir
John Skene, and Sir James Dalrymple, are pofitive
that thefe law^s ought to be afcribed to Ma'colm ;
but Dr. Nicolfon, Eifhop of Carlifle, Dr. Hickes,
and before them. Sir Henry Spelman, contended
for fixing them to a later period. I have thrown
at the bottom of the page Spelman's own words *.
Mal-
* " Skene begins the laws of Scotland wirh thofe of Malcolm
the Second. But it is far from being clear that the laws wkich.
go wnder that King's name are fo ancient- The;- contain man/
words and terms which belong to a more modern age : befides,
they refer to cuftoms, and names of olTices, which btlong to a later
period. Skene likewife attributes toDavid the firft thole four books
which areintitled, Regiam IViajeftatem Scoiise. This Monarch,
according to his calculation, began to reign in the year of Chrill
1124, or about the twenty-fourth of Henry the Firfl:. But
Randolph de Glanville did not write his treatife concerning the
laws and cuftoms of England, till after the twenty- f.xth of Hemy
the Second's reign, that is, not till the year 1 i8o ; and they
who compare this book of Glanville's, and the Regiam Majefta-
tem