Regiam Majestatem
Encyclopedia
The Regiam Majestatem is the earliest surviving work giving a comprehensive digest of the Law of Scotland
. The name of the document is derived from its first two words. It consists of four books, treating (1) civil actions and jurisdictions, (2) judgments and executions, (3) contracts, and (4) crimes.
Dating from the early fourteenth century, it is largely based on the 1188 Tractatus de legibus et consuetudinibus regni Angliae
(Treatise on the laws and customs of the Kingdom of England) of Ranulf de Glanvill, and incorporates features of thirteenth century canon law
, the Summa in Titulos Decretalium of Goffredus of Trano
, and the Scottish Celtic Laws of the Brets and Scots
.
The documentary basis of Scots law
had been largely destroyed by the confiscations of Edward I of England
in the thirteenth century and by two devastating English
invasions led by Edward I and Edward III
in the thirteenth and fourteenth centuries. When the Regiam Majestatem was discovered in the early fifteenth century after Scotland's legal provenance had been destroyed, it was immediately embraced as an authoritative source of law, surviving as such into the modern era.
Sir John Skene
had compiled and edited versions of the document at his own expense, and this was published by the Parliament of Scotland
in 1609. Skene's version is not entirely consistent with the original document, but it held up as the standard version. Later legal references to the document are references to the 1609 publication.
(reigned 1306 – 1329), and certainly later than 1318, as a statute from that date was included in it. The details of how this was accomplished are unknown, as is the identity of the author.
(reigned 1272 – 1307) forced himself upon Scotland in the role of feudal
overlord, far beyond the guiding and consultative role that the Scots had asked him to play. During this time he signed a writ
in 1291 that required the collection of all documents that might concern his own claims of superiority over Scotland, or the claims of others. The writ was executed, and between that and the depredations during Edward's invasion of Scotland in 1296, virtually every important Scottish legal document was lost forever.
The Scots successfully maintained their freedom in the First War of Scottish Independence
, which ended de facto with the Battle of Bannockburn
in 1314, ending de jure in 1328 with the Treaty of Edinburgh-Northampton
. Effective government required a legal basis and its documentation, and the Scots were forced to rebuild their legal provenance quickly.
. About two-thirds of the work was adopted without change from it, parts of the remainder are similar to it, and the rest is unrelated to it. This last category includes most of the fourth book, which covers the treatment of crimes. Of the portions which do not originate with the Tractatus, their origins can be found in canon law
, in the Summa in Titulos Decretalium of Goffredus of Trano
, in the Laws of the Brets and Scots
, and in earlier Scottish statutes.
The Tractatus was a work of originality intended to facilitate the implementation an effective judicial system in England, and it had proven to be a great success. The Scots were certainly aware of this, and it was likely chosen over other codifications because it best suited Scottish interests by providing a framework that had already proved itself to be successful, and one that addressed issues particular to Scottish law, but issues that mostly were common to both Scottish and English law. Where it was close to Scottish interests but not close enough, that is the likely origin of those portions of the Regiam Majestatem that appear only similar to the Tractatus. Nevertheless, the fit was not perfect, and there are artifacts from English law that do not fit well with Scottish customs.
In 1607 the Parliament of Scotland passed an act for the publication of John Skene's compilation of the Regiam Majestatem, to be funded by the government, and Skene's version was published in 1609. The work has been criticised for its many inconsistencies with the original document, for its lack of scholarly rigour, and for other sloppiness. Nevertheless, the work was meritorious and valuable, and it brought fresh understanding to ancient Scottish law. It is Skene's version that became the legal standard from that time forward.
A list of assythments (i.e., assessments made as a result of judgments) is also given, but Skene thought that these were not authentic.
(1332 – 1371) when it was invaded by Edward III of England
, its king David II
was captured by the English, and in the ensuing devastation the Regiam Majestatem became lost, not being rediscovered until the next century. When found, it was hailed as an ancient Scottish relic that had somehow survived the confiscations of Edward I and the depredations and devastation caused by the two invasions.
There was little documentation remaining from that tumultuous time to offer either proof or disproof of the origins of the Regiam Majestatem. Consequently, and not without chauvinism
, some Scots insisted on a native origin for the Regiam Majestatem, offering it as another product of the dynamic David I
(reigned 1124 – 1153). This assertion persisted until well into the nineteenth century, though scholarly research had rendered the contention untenable in the eighteenth century, such as by notice of statutes in the document that could not pre-date the thirteenth and fourteenth century.
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
. The name of the document is derived from its first two words. It consists of four books, treating (1) civil actions and jurisdictions, (2) judgments and executions, (3) contracts, and (4) crimes.
Dating from the early fourteenth century, it is largely based on the 1188 Tractatus de legibus et consuetudinibus regni Angliae
Tractatus of Glanvill
The Tractatus de legibus et consuetudinibus regni Angliae is the earliest treatise on English law. Commonly attributed to Ranulf de Glanvill and dated ca. 1188, it was revolutionary in its systematic codification that defined legal process and introduced writs, innovations that have survived to...
(Treatise on the laws and customs of the Kingdom of England) of Ranulf de Glanvill, and incorporates features of thirteenth century canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, the Summa in Titulos Decretalium of Goffredus of Trano
Geoffrey of Trani
Geoffrey of Trani was an Italian jurist, known as a canon lawyer. He was a student at Bologna of Azo, and then became professor at Naples, then at Bologna. He was made a cardinal deacon by Pope Innocent IV. His Summa super titulis decretalium and other writings on decretals became a basic resource...
, and the Scottish Celtic Laws of the Brets and Scots
Leges inter Brettos et Scottos
The Leges inter Brettos et Scottos or Laws of the Brets and Scots was a legal codification under David I of Scotland...
.
The documentary basis of Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
had been largely destroyed by the confiscations of Edward I of England
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
in the thirteenth century and by two devastating English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
invasions led by Edward I and Edward III
Edward III of England
Edward III was King of England from 1327 until his death and is noted for his military success. Restoring royal authority after the disastrous reign of his father, Edward II, Edward III went on to transform the Kingdom of England into one of the most formidable military powers in Europe...
in the thirteenth and fourteenth centuries. When the Regiam Majestatem was discovered in the early fifteenth century after Scotland's legal provenance had been destroyed, it was immediately embraced as an authoritative source of law, surviving as such into the modern era.
Sir John Skene
John Skene, Lord Curriehill
Sir John Skene, Lord Curriehill was a Scottish judge.He was regent in St Mary's College, St Andrews from 1564-5 and became an advocate in 1575....
had compiled and edited versions of the document at his own expense, and this was published by the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
in 1609. Skene's version is not entirely consistent with the original document, but it held up as the standard version. Later legal references to the document are references to the 1609 publication.
Ancestry
The Regiam Majestatem was written perhaps as early as the time of Robert the BruceRobert I of Scotland
Robert I , popularly known as Robert the Bruce , was King of Scots from March 25, 1306, until his death in 1329.His paternal ancestors were of Scoto-Norman heritage , and...
(reigned 1306 – 1329), and certainly later than 1318, as a statute from that date was included in it. The details of how this was accomplished are unknown, as is the identity of the author.
Background
In the events leading up to his invasion of Scotland, Edward I of EnglandEdward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
(reigned 1272 – 1307) forced himself upon Scotland in the role of feudal
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
overlord, far beyond the guiding and consultative role that the Scots had asked him to play. During this time he signed a writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
in 1291 that required the collection of all documents that might concern his own claims of superiority over Scotland, or the claims of others. The writ was executed, and between that and the depredations during Edward's invasion of Scotland in 1296, virtually every important Scottish legal document was lost forever.
The Scots successfully maintained their freedom in the First War of Scottish Independence
First War of Scottish Independence
The First War of Scottish Independence lasted from the invasion by England in 1296 until the de jure restoration of Scottish independence with the Treaty of Edinburgh-Northampton in 1328...
, which ended de facto with the Battle of Bannockburn
Battle of Bannockburn
The Battle of Bannockburn was a significant Scottish victory in the Wars of Scottish Independence...
in 1314, ending de jure in 1328 with the Treaty of Edinburgh-Northampton
Treaty of Edinburgh-Northampton
The Treaty of Edinburgh-Northampton was a peace treaty, signed in 1328 between the Kingdoms of England and Scotland. It brought an end to the First War of Scottish Independence, which had begun with the English invasion of Scotland in 1296...
. Effective government required a legal basis and its documentation, and the Scots were forced to rebuild their legal provenance quickly.
Origin
The origin of the contents of the Regiam Majestatem is largely from Glanvill's TractatusTractatus of Glanvill
The Tractatus de legibus et consuetudinibus regni Angliae is the earliest treatise on English law. Commonly attributed to Ranulf de Glanvill and dated ca. 1188, it was revolutionary in its systematic codification that defined legal process and introduced writs, innovations that have survived to...
. About two-thirds of the work was adopted without change from it, parts of the remainder are similar to it, and the rest is unrelated to it. This last category includes most of the fourth book, which covers the treatment of crimes. Of the portions which do not originate with the Tractatus, their origins can be found in canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, in the Summa in Titulos Decretalium of Goffredus of Trano
Geoffrey of Trani
Geoffrey of Trani was an Italian jurist, known as a canon lawyer. He was a student at Bologna of Azo, and then became professor at Naples, then at Bologna. He was made a cardinal deacon by Pope Innocent IV. His Summa super titulis decretalium and other writings on decretals became a basic resource...
, in the Laws of the Brets and Scots
Leges inter Brettos et Scottos
The Leges inter Brettos et Scottos or Laws of the Brets and Scots was a legal codification under David I of Scotland...
, and in earlier Scottish statutes.
The Tractatus was a work of originality intended to facilitate the implementation an effective judicial system in England, and it had proven to be a great success. The Scots were certainly aware of this, and it was likely chosen over other codifications because it best suited Scottish interests by providing a framework that had already proved itself to be successful, and one that addressed issues particular to Scottish law, but issues that mostly were common to both Scottish and English law. Where it was close to Scottish interests but not close enough, that is the likely origin of those portions of the Regiam Majestatem that appear only similar to the Tractatus. Nevertheless, the fit was not perfect, and there are artifacts from English law that do not fit well with Scottish customs.
Ancestral ancestry
- Glanvill's Tractatus – it is the book of authorityBooks of authorityBooks of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks are not treated as authorities by the courts of England and Wales and other common law jurisdictions.These books are treated by the courts as...
on English common lawCommon lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, and has been studied and analysed in detail. There is consensus that the English law ultimately does not rely on earlier codifications. ScruttonThomas Edward ScruttonSir Thomas Edward Scrutton was an English legal text-writer and judge.-Biography:Thomas Edward Scrutton was born in London, UK. He studied as a scholar at Trinity College, Cambridge, then at University College London...
noted the lack of a heritage owed to Roman law (i.e., the Corpus Juris CivilisCorpus Juris CivilisThe Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
) in the Tractatus, stating that some terminology was borrowed solely to be fitted into the book discussing Contracts (Tractatus, Book X), but that the terms were applied to English concepts. Pollock and MaitlandFrederic William MaitlandFrederic William Maitland was an English jurist and historian, generally regarded as the modern father of English legal history.-Biography:...
, in their History of English Law Before the Time of Edward I, describe Glanvill's contracts as "purely Germanic", and state that the "law of earnest is not from Roman influence".
- Canon law
- Geoffrey's Decretal
- Laws of the Brets and Scots – Book IV of the Regiam Majestatem, covering crimes, incorporates chapters from this document, preserving the CeltCeltThe Celts were a diverse group of tribal societies in Iron Age and Roman-era Europe who spoke Celtic languages.The earliest archaeological culture commonly accepted as Celtic, or rather Proto-Celtic, was the central European Hallstatt culture , named for the rich grave finds in Hallstatt, Austria....
ic names for descriptions of people, kinship groups, and fines. Terms used include the cro, galnes, ogetharii ('ogthern'), and kelchyn. Fines are structured according to the class of the victim, the fines might be paid to the king or to the victim's kindred depending on the circumstances, and payments to be made are given in cattle or orae. - earlier Scottish statutes
- Roman law
The document
When the Regiam Majestatem was discovered in the fifteenth century, it was quickly embraced as a legal authority, the Parliament authorised commissions to examine it and repair defects (1425 c. 54, 1487 c. 115), and it was cited in statutes of the era. It has remained an authoritative source of Scotland's unique law into the modern era.In 1607 the Parliament of Scotland passed an act for the publication of John Skene's compilation of the Regiam Majestatem, to be funded by the government, and Skene's version was published in 1609. The work has been criticised for its many inconsistencies with the original document, for its lack of scholarly rigour, and for other sloppiness. Nevertheless, the work was meritorious and valuable, and it brought fresh understanding to ancient Scottish law. It is Skene's version that became the legal standard from that time forward.
Contents
The Regiam Majestatem derives its name from the first two words of its first chapter, which serves as the Præfacio (Preface). It begins:- "Regiam Majestatem, non solum armis contra rebelles, sibi, Regnoque insurgentes, opportet esse decoratum."
| Lib. | Caput | Contents |
|---|---|---|
| |
|
Civil actions and jurisdictions — including discussion of the brieve of right (i.e., the legal writ used for settling property disputes), the requirement of a unanimous verdict by 12 men in disputes between pursuer (i.e., the plaintiff) and defender, regulations guaranteeing sales of land and moveables, and pactions (i.e., agreements) both real and personal, profitable and unprofitable. |
| |
|
De Judiciis — Judgments and executions — including discussions of the role of arbiters, bondage and manumission, the terce (i.e., the widow's share of an estate), and inheritance. |
| |
|
De Debitis Laicorum — Contracts — including debts, buying, selling, and pledging. |
| |
|
De Placitis Criminalibus — Crimes — including lese majeste (i.e., killing the king), sedition, and felonies. |
A list of assythments (i.e., assessments made as a result of judgments) is also given, but Skene thought that these were not authentic.
Versions
| Year | Description |
|---|---|
| |
Sir John Skene's publication, in both Latin Latin Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and... and Scots Scots language Scots is the Germanic language variety spoken in Lowland Scotland and parts of Ulster . It is sometimes called Lowland Scots to distinguish it from Scottish Gaelic, the Celtic language variety spoken in most of the western Highlands and in the Hebrides.Since there are no universally accepted... . There were folio republications in 1613 and 1681, and a Scots language republication in 1774. It is the subsequent legal standard, but is not everywhere in agreement with the original document. |
| |
David Hoüard's publication, in Latin with annotation in French, and based on that of Skene. |
| |
Thomas Thomson's printing in Acts of the Parliaments of Scotland, I, 597 – 641. |
| |
Lord Cooper's printing and translation, based on that of Skene. |
Laws of the Burghs
Two of the Laws of the Burghs cite the Regiam Majestatem as their origin. These are:- Quibus modis de servitute ad libertatem pervenitur (The way in which a man may become free from servitude) – by living quietly for a year and a day in a privileged town (i.e., a Royal burghRoyal burghA royal burgh was a type of Scottish burgh which had been founded by, or subsequently granted, a royal charter. Although abolished in 1975, the term is still used in many of the former burghs....
), and not be challenged by his master nor be known as his master's servant. - De heredibus burgensium (Anent the heirs of burgesses) – the heir of a burgess comes of age when he can count silver, or measure cloth, or do other of his father's business and affairs.
Scottish legal terms
Scottish legal terms found in the Regiam Majestatem include:- Amerciamentum – used to signify a fine for absence.
- Arreragium – used to signify arrears of rents, profits, and duties.
- Attachiamentum – used to signify a charge or binding of a person, to the effect he may be compelled to appear to answer in judgement. It also signifies an attachment of goods and effects by arrestment or otherwise.
- Breve de nova dissasina – the brieve or summons of ejection or spulyie (i.e., regarding theft or despoilation). The Breve de recto, or Brieve of right, was anciently used before the Justice-General, and was transferred to the Lords of Council and SessionPrivy Council of ScotlandThe Privy Council of Scotland was a body that advised the King.In the range of its functions the council was often more important than the Estates in the running the country. Its registers include a wide range of material on the political, administrative, economic and social affairs of Scotland...
as early as the period of the Regiam Majestatem. - Clarificatio – defined as the clearance given by the verdict of an assize.
- Coroner, or Crouner – John Skene says that the word occurs in the Regiam Majestatem, but this is considered to be an error on his part.
- DeodandDeodandDeodand is a thing forfeited or given to God, specifically, in law, an object or instrument which becomes forfeit because it has caused a person's death....
– a term in English law referring to the forfeiture of moveable property that has been the immediate cause of death to a person, to be given over to pious uses (the word literally means 'dedicated or devoted to God'). In Scotland, a jury sets the value of the moveable property, which acts as a fine if the property owner is found liable. Skene's Regiam Majestatem says a similar forfeiture was known to have been in Scotland's older law. - Quia EmptoresQuia EmptoresQuia Emptores of 1290 was a statute passed by Edward I of England that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants wishing to alienate their land to do so by substitution...
– identical to an English statute of 1290, and the Regiam Majestatem contains a verbatim transcript of that statute. The English statute has its origins in the Tractatus, as well as in subsequent documents.
An alternative origin
It is not known whether the Regiam Majestatem was immediately put into effect, or whether it had been intended to be put it into effect at a later date. Whichever the case, it did not matter because Scotland would suffer a Second War of Scottish IndependenceSecond War of Scottish Independence
The Second War of Scottish Independence was the second cluster of a series of military campaigns fought between the independent Kingdom of Scotland and the Kingdom of England in the late thirteenth and early fourteenth centuries....
(1332 – 1371) when it was invaded by Edward III of England
Edward III of England
Edward III was King of England from 1327 until his death and is noted for his military success. Restoring royal authority after the disastrous reign of his father, Edward II, Edward III went on to transform the Kingdom of England into one of the most formidable military powers in Europe...
, its king David II
David II of Scotland
David II was King of Scots from 7 June 1329 until his death.-Early life:...
was captured by the English, and in the ensuing devastation the Regiam Majestatem became lost, not being rediscovered until the next century. When found, it was hailed as an ancient Scottish relic that had somehow survived the confiscations of Edward I and the depredations and devastation caused by the two invasions.
There was little documentation remaining from that tumultuous time to offer either proof or disproof of the origins of the Regiam Majestatem. Consequently, and not without chauvinism
Chauvinism
Chauvinism, in its original and primary meaning, is an exaggerated, bellicose patriotism and a belief in national superiority and glory. It is an eponym of a possibly fictional French soldier Nicolas Chauvin who was credited with many superhuman feats in the Napoleonic wars.By extension it has come...
, some Scots insisted on a native origin for the Regiam Majestatem, offering it as another product of the dynamic David I
David I of Scotland
David I or Dabíd mac Maíl Choluim was a 12th-century ruler who was Prince of the Cumbrians and later King of the Scots...
(reigned 1124 – 1153). This assertion persisted until well into the nineteenth century, though scholarly research had rendered the contention untenable in the eighteenth century, such as by notice of statutes in the document that could not pre-date the thirteenth and fourteenth century.