Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Dictionarium verborum iuris proprii


Author(s):

  • John Skene of Curriehill

Incipit:

  • Actilia: armour, weapons, [and then:] harnishing
  • Acton: ane aulde Frenche word, [and then:] 'Hocqueton', quhilk corruptlie is pronunced 'Octon', sagum militare

Explicit:

  • castelvardiae\ called\ are\

Dictionarium verborum iuris proprii , edited in print in 1597, and in 1681.

About eighty leaves, not foliated nor paginated. The editor had substantially re-worked the text for the printed edition. Older versions of the text are preserved in MSS.

The edition was typeset by a person who did not understand the Jus Commune abbreviation 'l.' = 'lex'. Quite often he wrongly dissolved this abbreviation as 'lib.' = liber = book. In this regard and in many other regards, Sir John Skene failed to proof-read the typesetter's work accurately. I therefore recommend to all users of this edition that they should tacitly correct its many misprints and blunders.

I have collated large parts of the edited text to various MSS. Yet, it would take too many pages to publish the results here


Author(s): John Skene of Curriehill (editor, probably also author)

No. of pages: (item 2)

Incipit:

  • [{i}First entries:{/i}] Actilia: armour, weapons, harnishing. Sta. 2 Roberti Bruyse, c. Ordinatum 27.

    quhair it is statute that ilk man havand ten pounds worth of gudes sall have for the defence of his bodie ane sufficient Acton and basnet, with gluifes of plait, ane speir, ane sword, and quha-sa-ever hes nocht ane Acton and basnet, sall have ane sufficient habirgeon, or ane irone jack, ane knapiska of irone, and gluifes. Swa that ilk man sal be readie 'cum actiliis et harnesiis suis', under the paine of escheit of all his guides, the ane halfe thereof to the king, and the uther halfe to his maister and Lord

  • Acton: ane aulde Frenche word, 'Hocqueton', quhilk corruptlie is pronunced 'Octon', sagum militare Sum affirmis 'acton' to be an auld kinde of armour, for preservation of ane mans bodie, maid of steill or irone, quhilk covered his head alsweill as the rest of his bodie. Quhairof zit are sum extant as auld monumentes in the Hie-landes, bot nocht dailie used, or worne. Uthers mair probablie alledgis 'acton' to be ane forme of armour, quhilk covers ane mans bodie (except his head) downe to his knee, maid of Taffitie, Ledder, or Linnen claith, stuffed with caddes, and stiked verie thick with threid, or silke of diverse coullers, and partial gilt, with spranges or streames of gold fuilzie. And is commonlie used in time of battell under the habirgeon, to save ane mans bodie fra the schot of ane arrowe, or fra the brusing of the straik of an sword. It is an kinde of that abuilzement quhilk in Latine is called vestis virgata, variis virgis seu aureis lineis distincta et variegata, ut est illud Virgill Aeneid. 8. 'Virgatis lucent sagulis'.

    Actornatus: Lib. 4 c. Si quis defendens 46. Actor, alienorum negotiorum gestor, utherwaies in the lawes of this realme called 'responsalis', quha makis answer for ane uther in judgement, speciallie for the defender: Lib. 1 c. Esto 27; Lib. 3 c. Placita 12, cum sequentibus. Like as 'prolocutor' is he quha speaks for the persewer, as his forespeaker: Lib. 1 c. Consequenter 13. Alswa 'actornatus' is he quha dois ony thing in an uther mans name or behalfe, as he quha compeiris for ane uther in courtes, or iustice aire ... [{i}etc. etc., very long{/i}].

    Adiurnatus: ane French word.

    [{i}Last four entries:{/i}] Yburpananseca: it happens to be like that quhilk is called the law of Birdingsek ... Sum affirmis that in the Gascoin language 'pana' to signifie 'furari', to steill, and 'panadour' to be ane thief, and it appears weill, 'seca' signifies an sek, in Latine 'saccus', quhilk word is commonlie used in all tunges and languages amangs all people and nationes.

    Zarde: Ja. 1 p. 7 c. 99, is ane kind of measure [{i}printed text:{/i} commonlie used in England, nocht meikle different from our elne. An zairde of land, virgata terrae in the Britton lawes ... ({i}here no mention of Magna Charta{/i})] [{i}old text in MSS:{/i} quhilk in Ingland is sumquhat les nor our Scotts eln ... Eius fit mentio in Magna Carta an. fi. Hen. 3. 25 et passim in legibus Anglicis].

    Zelde: ane gift or donation, vide 'Herezelde'.

    Zemsel of ane castell: the custodie and keeping of ane castell, c. 3: leg. burg. c. 3 ... [{i}long chapter, refers to Zasius, de feudis, par. 12 nu. 7.{/i}]

Explicit:

  • And in this Realme landes, annuell-rents or dewties, given for keeping of castelles, are called castelvardiae