The Notes and Marks suggesting the Corrections in the Translation, are to be thus understood: First, Words which are included between Crotchets, without any Note of Reference, are such as are contained in all Translations, and are authorized by Printed Copies of the Latin or French Text; though not authorized by the Text, or by any Various Reading, here given, from Manuscript Records or Authorities. Secondly, Words in the Translation included between Crotchets, with a Figure, refer to a Correction thereof, suggested in the Note; such Correction, if authorized by any Printed or Manuscript Translation, is printed in the Note in Roman Letter; but if not so authorized, then such Correction is printed in Italic Letter; if the Correction be justified by the Rolls of Parliament or old Manuscript Translations, they are quoted. Thirdly, A Reference within a Parenthesis between Two Words, suggests an Omission, which is supplied in the Notes, in Roman or Italic Character, according as it is or is not authorized, as before specified. Fourthly, Where any Words in the Translation are inclosed between Crotchets, with Reference to the Note “Not in Original,” it is to be understood, that neither the Text, as now given from the Record or Manuscript, nor any printed Copy, appears to authorize the Insertion of the Words. The Term “Old Translations” is applied to all published previous to the Year 1618; in which Year the Editions distinguished as Rastall’s and Pulton’s Statutes were both published: The Edition called Rastall’s, however, having followed the Current of several former Editions of the Statutes, is included in the Term “Old” Translations; and Pulton’s Translation being in many Parts new, and having been generally adopted by Cay and subsequent Editors, is therefore included in the Term “Modern.”
Short Abstracts or Side Notes have been prepared, as well to the Matters heretofore translated, as to those of which a Translation is now for the first Time given in this Publication; of those relating to Matters heretofore translated, some have been taken from Cay’s, or former English Editions of the Statutes; and like Abstracts are added to the Acts subsequent to the Reign of Hen. VII.
CHAP. V.
Sect. I. Of the Collections of the Statutes of Scotland and Ireland heretofore published by Royal or Parliamentary Authority.—Sect. II. Of the Methods successively adopted for promulgating the Statutes, before and since the Union of Great Britain and Ireland.
Sect. I.
Of the Collections of the Statutes of Scotland and Ireland, heretofore published by Royal or Parliamentary Authority.
Although no General Collection of the Statutes of England, or of Great Britain, has been hitherto published by Authority of the Crown or of the Parliament, it appears that Measures were carefully taken in former Times for collecting and authenticating the Legislative Acts, both of the Scottish and Irish Parliaments.
In Scotland, by Royal Commission from Queen Mary, dated 1 May 1566, directed to The Chancellor, Principal Officers of State, and other Persons therein named, it was ordained that all the Laws of that Realm should be inspected, and corrected, so that no other but those, should be printed by Royal Privilege, or have Place, Faith, or Authority in Courts of Justice: and by the same Commission it was provided that the Proceedings under it should be ratified in the next Parliament. From the Difficulties of the Undertaking, the Compilation of the Laws prior to James I, was postponed; and the only part of the Work executed was a Collection of Acts from the Return of James I, in 1424, to the last Parliament of Queen Mary in 1564. This Collection was first published in the Year 1566. It comprehended a Publication of certain Statutes of James V. printed in 1541, and of Queen Mary printed in 1565, to each of which the Lord Clerk Register, at the Time, had subjoined his Certificate vouching for the truth of the Copies extracted from the Books of Parliament. These Certificates were retained in this Edition of 1566, and to the other Parts of it similar Certificates were subjoined.[1]
Other Publications were afterwards made by Authority; such were those of James VI. 1568 and 1579, and several others prior in Date to 1597; but they related only to particular Parliaments or particular sorts of Acts; and with these concludes that series of Printed Scottish Acts, which from their Typographical Character have in late Times been usually denominated The Black Acts.
In 1592 A Parliamentary Commission was issued “For vistting and caussing of the Lawes and Actis of Parliament to be prented,”[2] which appears to have led in the first instance to the Republication of the Scottish Statutes from the Æra of James I. to 1597, in the Volumes which usually bear the name of Skene’s Edition, Sir John Skene being at that Time Lord Clerk Register. But under the same Commission, Sir John Skene appears also to have proceeded to the more arduous taſk of collecting the antient Laws of Scotland prior to James I.: and in 1607 he had advanced so far in this Undertaking as to exhibit to the Legislature a Copy of the Manuscripts which he had prepared for Publication, and for his encouragement therein a Special Act was passed.[3] The Work, usually known by the Title of Regiam Majestatem, was at length published, in the Original Latin, in 1609; and was followed soon after by a Version in the Scottish Language.
- ↑ For the Title of this Work, the Privilege, Royal Commission, Preface, and Certificates of Authenticity, See Appendix G: I. 1.
- ↑ See a Copy of this Commission in Appendix G: I. 2.
- ↑ See the Act in Appendix G: I. 3.
