xxviii MEMOIR OF SIR J. G. DALYELL. 



In 1825 there appeared, in 2 vols. 8vo (London, Longman & Co.), 

 a truly philosophical work, entitled " Historical Illustration of the Origin 

 and Progress of the Passions, and their influence on the conduct of Man- 

 kind, with some subordinate Sketches of Human Nature and Human 

 Life." 



" Kemarks on the Antiquities Illustrative of the Cartularies of the 

 Episcopal See of Aberdeen" — another of Sir John's tracts in aid of histori- 

 cal inquiry — were published by W. and C. Tait, 1820. In this thin bro- 

 chure he gives an outline of the history and constitution, tithes, historical 

 incidents, legal antiquities, &c. Under the latter head he brings forward 

 several valuable illustrations, especially in reference to civil affairs. 



In 1826 Sir John printed a few copies of "A Brief Analysis of the 

 Ancient Records of the Bishopric of Moray" — ]_MuiTay, as he afterwards 

 corrected himself]. The analysis abounds in facts demonstrative of the 

 necessity of a thorougli investigation of such documents, if we ever expect 

 to obtain a pi'oper glimpse of our eai'ly history. That a code of laws ex- 

 isted in Scotland long prior to the time of Edward I., is evident from re- 

 peated references to them : so that whether Regiam Majestatem be authen- 

 tic or not, there can be no doubt that justice was anciently regulated, 

 both in the King's and the ecclesiastical courts, upon principles which 

 have come down to our own times. Trial by jury, in civil as well as 

 criminal cases, was common. The courts were frequently held in the 

 open air. In 1380, " the Bishop had been cited by John Gray, lay mair 

 of Badenach, to appear before Alexander Stewart, where wont to keep 

 his court of regality, and to show by what writings he held his lands. Ad- 

 vancing towards the court, which was kept at the ' Standand Staues of 

 the Rathe of Kingucy,' but remaining witiiout its precincts, the Bishop 

 refuses to acknowledge Alexander Lord of Badenach as superior of the 

 lands in that territory belonging to the See." The standing stanes of Ork- 

 ney, where justice was administered, are well known to antiquaries. The 

 same practice appears to have prevailed in Murray, which would seem 

 to point to the Scandinavian origin of the people. Access to such records 

 of antiquity is invaluable to the student of Scotish history. 



In 1828 appeared the last of Sir John's illustrations of the cartula- 



