Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks (digest of decisions), systematic, drawn from Alexander Gibson Lord Durie or Peter Wedderburn Lord Gosford .

This compend is preserved in four MSS which disagree about the identity of the re-arranger, and also about the original collector of the practicks.

The decisions are not dated. The year date 1669 at the end of the volume's title may refer to the time when this copy was penned. Written by only one scribe. He writes correct Latin. Short abstracts of points of law, without any references or dates. An Act of Parliament 1587 is mentioned in title 66. The author of the compend was obviously well-versed in Jus Commune. This can be concluded from the style and the specialised Latin vocabulary used in his wordings of the points of law.

In title 21, page 105, the author of the compend criticises a judicial precedent. He plausibly reasons that in a civil litigation no argument may be based on alleged adultery before the allegation has been tried and proven in criminal procedure - but then the collector notes that the Lords of Session decided the opposite: contrarium tamen decisum. Other MSS do not have these three last words - see e.g. MS Edinburgh, UL, Dc.4.13, pag.538.

Arrangement of topics: the first eight titles deal with the status of persons. Titles 10-14 regard jurisdiction. The following series of titles provides details for specific types of litigation, regarding both the substantive law and the procedural law. This series commences with general types of issues (titles 15-37). It then reports issues of feudal law (38-40), law of property of married persons (41-46). The last regular series of titles regards pure issues of procedural law (47-57). There follows an appendix with a hotchpotch of topics (58-72)

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Author(s): Thomas Nicolson of Carnock(?); John Nisbet Lord Dirleton(?)

No. of pages: Pag. 1-350

Rubric: Ane abridgement of theiss practicques collected by that famous jurisconsult [{i}one line left free{/i}]. Epitomized by that learned lawyer Sir Thomas Nicolsone of Carnock, 1669.

[{i}First title in the work:{/i}] Titulus primus. Minors and theire tutores and curatores

Incipit:

• [{i}First items:{/i}] A minor canot reduce ane dispositione of his lands maid in his minoritie ex hoc capite that it wants the decreit of a judge, finding the alienatione ad utilitatem minoris, except he lybell lesione [{i}= basing his plea on the argument that the transaction was disadvantageous{/i}] and reduce in five yeares after his majoritie [{i}very much parallel to today's statutary law in Scotland{/i}].

  A minor may persew all or any of his tutors and curators for the haill sowme, quia tutores vel curatores tenentur in solidum [D.26.7.31 with Inst.3.16.1]. But ilkane ought to releive others pro rata.

  A curator durante officio (suspectus?) canot be compellit in lawe to deliver the minors evidents.

  Minors money beares annuelrent, for the which the tutores and curatores ar comptable. And albeit protutores, existentibus tutoribus, non teneantur pro usuris, tamen relicta tutrix, administrans tutelam post secundas nuptias, tenetur pro usuris.

  The aires of a tutor ar not bound for annuelrent of yeares preceiding the citatione interveining betuixt the same and the tutors death.

  Minor, major factus, solvens usuras pro debito contracto dum esset minor, ratum habet, debet debitum, and that payment is found probable per testes.

  [{i}Title headings:{/i}] 1 Minors and theire tutores and curatores. 2 Fools, furious persons and their curators. 3 Tacks. 4 Rentals. 5 Tennents. 6 Teinds, personage and viccarrage. 7 Gleibs and mansses. 8 Kirks, kirkpersones and kirklands. 9 Seasins. 10 Possessione, praescriptione and interruptione. 11 Exhibitione and deliverie. 12 Royall brughs and thair privileidges. 13 Barones. 14 Sheriffs and other inferior judges. 15 Inhibitions, interdictions. 16 Improbationes. 17 Reversiones, redemptiones and declarators thairof. 18 Dispositiones, tailzies. 19 Reductiones. 20 Reductione ex capite lecti aegritudinis. 21 Reductione ex capite metus. 22 Payment, probatione et compensatione. 23 Wodsetts. 24 Comprysings and poyndings. 25 Adjudicationes. 26 Poynding of the ground. 27 Deforcements. 28 Removeings. 29 Contracts, bands, and wreats in generall. 30 Assignationes and discharges. 31 Horning, and relaxatione. 32 Captione. 33 Escheats, lyfrents and declarators thairof. 34 Warrandice, releife, cautione, evictione. 35 Aires, executores, heretabell, moveabell. 36 Universal intrometters. 37 Legacies. 38 Chartors, infeftments in generall, fewes and blensch, superior, vassall. 39 Non-entrie. 40 Ward, releife, marriage. 41 Contracts of marriage. 42 Husband and wyfe. 43 Donatio inter virum et uxorem. 44 Terce and thrid. 45 Curialitie. 46 Maills and dewties. 47 Decreits, reductiones and suspensiones thairof. 48 Submissiones and decreits arbitralls. 49 Usurie, annualrents. 50 Lawburrows, contraventiones. 51 Actiones in genere. 52 Actiones of transumpt. 53 Actiones of registratione and transferring. 54 Actione against debtors not solvendo, and their escheats. 55 Ejectione, spuilzie, wrongous intromissione, intrusione. 56 Arrestment and actiones to make arrestit goods forthcommand. 57 Actiones of declarator of proppertie. 58 Bastardie, ultimus heres. 59 Emptio et venditio nundinae. 60 Milnes, milne multures. 61 Lyfrents. 62 Parliament. 63 Servituds. 64 Amiralitie. 65 Depositiones. 66 Pensiones. 67 King, prince, regalia. 68 Locatio et conductio. 69 Aliment. 70 Actiones for proveing of tenors. 71 Breive of lyneing. 72 Parents and children.

  [{i}Last item:{/i}] The mother entertaining her tuo daughters, appairand aires to thair father, and they deceassing, not served aires to him, she being persewed be the assigney of the father's aire, gets defalcatione of the airship which she had meddled with for entertainement of the daughters, tho it wes not liquid. [{i}A different hand added:{/i}] Finis