Manuscripta juridica

Ius proprium Scotiae - Treatise on testaments 'It is lesume for all free men' .

Corresponds in large part to Balfour's Practicks. The text refers to the "Auld Lawis", to Acts of Parliament up to at least 1630 (fol. 7v) or even 1651 (unclear, fol. 6v), and to decisions of the 16th century - with reference to the date, parties' names, and to the number in (Balfour's?){i}Registrum Scotiae{/i}, e.g. fol. 8r: 1561/2/23 Sir William Hamiltone contra Wallace of Cragie, i. tom. c. 1227 = printed edition of Balfour's Practicks, pag. 218, {i}Registrum Scotiae{/i} i. 1277

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No. of pages: Fol. 6r-8v

Rubric: Testaments and letter wills

Incipit:

• [{i}First heading:{/i}] Quis potest. It is lesume for all free men who is (nocht) aughtend great debts to any uther to make an just and resonable testament in tyme of seiknes and dispone upon his movable goods and geir: lib. 2, c. 38; de judic. 120.

  [{i}Further headings:{/i}] Woemen may make testament. Some that is furious may not make testaments. Hou he that is burdened with debt may not make testament. The debts oughtand be the deade should be first payed. The divisione of the goods and geir in three pairts. Off the division of moveable guids in two pairts. Bairne being foris familiat should not have a bairnes pairt of geire. Anent the making and dispositione of legacies. Off witness in testament. Sundry testaments made be a man. Off divers executors in a testament.

  [{i}End of chapter 13:{/i}] If two copies or extracts of testament be discrepant or contrare to the uther copie, that quhilk is conforme to the register should have most faithe. 18 March 1554 Duncan Hunter contra Thomas Hunter, i. tom. c. 1187 [{i}= printed edition of Balfour's Practicks, pag. 218, Registrum Scotiae i. 1187{/i}].

  [{i}Heading of chapter 14:{/i}] Cap. 14. If any man decease befor the terme of Martinmes [{i}the text breaks off after these first words of the chapter heading. The remainder of the page is blank{/i}]