BARCLAY, William, LL. D. a distinguished civilian, was born in Aberdeenshire in the year 1541. He spent the early part of his life, and much of his fortune, at the court of Mary queen of Scots, from whose favour he had reason to expect preferment. In 1573 he went over to France, and at Bourges commenced student of the civil law under the famous Cujacius. He continued some years in that seminary, where he took his doctor's degree; and was soon after appointed professor of the civil law in the university of Pontamousson, recently founded by the duke of Lorraine. That prince afterwards made him counselor of state and master of requests. In the year 1581 Barclay married Anne de Malleville, a French lady, by whom he had a son, who became a celebrated author, and of whom the reader will find an account in the next article. This youth the Jesuits would gladly have received into their society; but his father refused his consent, and for that reason these disciples of Jesus soon contrived to ruin him with the duke his patron. Barclay now embarked for Britain, where King James offered him a considerable preferment, provided he would become a member of the church of England; but not chusing to comply with this condition, he returned to France in 1604, and, soon after his arrival, was appointed first professor of the civil law in the university of Angers, where he died the year following, and was buried in the Franciscan church.
Barclay was a man of superior talents, and still maintains a conspicuous place among civilians.1 In his political opinions he was directly opposed to his illustrious countryman Buchanan, and was a strenuous defender of the rights of kings: his own speculations on the principles of government are best known to some readers from an incidental confutation by Locke, in his Treatises on Government. A list of his publications shall close this very brief notice.
1. De Regno et Regali Potestate, adversus Buchananum, Brutum, Boucherium, et reliquos Monarchomachos, libri sex. Paris. 1600, 4to.—This volume contains, or ought to contain, a portrait of the author, which however has in many instances been transferred to the portfolio of some collector.
2. In Titulum Pandectarum de Rebus creditis et Jurisjurando Commentarii. Paris. 1605, 8vo.—This commentary is reprinted in Otto's Thesaurus Juris Romani, tom. iii.
3. De Potestate Papæ; an et quatenus in Reges et Principes seculares jus et imperium habeat: Liber posthumus. Mussiponti, 1610, 8vo.—This work may likewise be found in Goldasti Monarchia, tom. iii. p. 621. It was translated into French; and an English version is printed with the treatise of Sheldon, Of the Lawfulness of the Oath of Allegiance. Lond. 1611, 4to. Barclay's two treatises, De Regno and De Potestate Papæ, have repeatedly been
printed in the same volume. Hanoviae, 1612, 8vo. Hanoviae, 1617, 8vo.