Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1624-1639 (alphabetical, 'Acts of court' - 'Wife', 'Unlawis') (1627/1/1 - 1638/7/31).

In an introductory remark the scrivener tells readers that he corrected the author's inconsequent alphabetisation. He says he 'helped' it somewhat. The text thus starts with the keyword 'Acquittance', and not with 'Acts of court' as in other MSS. Within each keyword title, the entries are consecutively numbered. The parties' names and the dates are often omitted, but were added by a later hand, together with many abstracts and other notes in the margins. The handwriting preserved characteristics of early 17th c. handwriting and maintained many old Scottish spellings. I therefore deem that it was penned before 1650. Neither the main scribe's hand nor the additional hand are easy to read

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Author(s):

• George Auchinleck of Balmanno

No. of pages: Pag. 1-360

Rubric: Practiques and deceisiones off the Lordis of Session, collected and digested in titles be Sir George Auchinlek off Balmanno, [{i}erased:{/i} beand(?)], ane of the senatoris of the Colledge of Justice [{i}there follows an erased line in round brackets:{/i} somewhat helped in the alphabetik order] [{i}and another erased line:{/i} the tyme that he rebelled(?) p... ... ... the s... affand] frae the 1 off Januar 1627 till the last of July 1638. [{i}Some later hand added:{/i}] Digested by the author in titles and now corrected as to the order of alphabet. Nota that this judge was not admitted till 14 of February 1626, tho he cites decisions dated 1 of January that year

Incipit:

• [{i}First entries:{/i}] Acquittances of thrie yeiris compleitt dewties or annualrentes, immediatelie successive to otheres, liberates and exoneres for all yeires preceding [{i}Addition by another hand:{/i}] 1631 Mr. David Williamsone contra Balgownie(?).

  Bot the payment of 3 or 4 yeris dewtie without acquitance, albeit the payment be referrit to the masters oathe, does not liberate the tennent of all yeires preceding [{i}Again, the same other hand adds the reference to the case:{/i}] ... 1631/2/182 Ane acquittance ... subscribit be the pairtie without witnes not sufficient, albeit the defender

Explicit:

• [{i}Last entry, under keyword 'Wreittes and wreitters':{/i}] Ob(?)rentes and evidentes being impignorat ... ar impignorat - quhich wes fund relevant. 30 July 1629. [{i}The other hand adds:{/i}] Lundie(?) contra Darrumple