Manuscripta juridica

Ius proprium Scotiae - Tractatus 'Regiam maiestatem' (in Scots).

The wording of the translation of the preface does not correspond to older translations

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No. of pages: Fol. 5r-74v

Incipit:

• The preface. ... The kingis majestie sould nocht onelie be decored with armes against rebels and makers of insurrection contrare him and his realme, but also, he sould be armed and garded with gude lawes, to rule his peaceable people and subjects.

  It is unpossible to comprehend in writ, universallie, all the lawes of this Realme: Nocht onlie, be reason of the ignorance of writers, but also of the confused multitude of causses (and lawes). Nevertheles some generals are used in courts, quhilks to put in writ is na absurditie, nor presumption; but verie necessare for the helpe of the memorie.

  Therefore I have determined, to write ane parte thereof, purposlie in ane vulgare and common style, and in words commonlie used in courts: At command of King David, with the counsell and advise of the haill Realme: alswell of clerks, as the rest of the people. That all the inhabitants thereof, may learne and have knawledge of the samine. And swa I begin in this maner, and be this distinction.

  Chapter 1. Of criminal causses perteining to the Kings Crowne, and to his Justitiar

• Pleyis (mutes or actions) are civill, or criminall. Civill actions are, quhen the controversie is anent pecuniall pains, or lands and gudes. Criminall causes are quhen controversie is anent the paine of blude, or of life and lime (cutting of anie member). Of criminall causses, some pertein to the Crowne (court) and his Justitiar, and some to the schirefs of the countrey.

  (End:) Of the price of blude and injuries, chapter 42. Be the law of Scotland, for the life of ane man, nine times twentie kye. (2.) For ane fute, ane marke. (3.) For ane tuth, 12 pennies ... (17.) For shedding or drawing of blude, twentie five shillings bezond the Scottis sea (upon the south side of the water of Forth), and upon the north side of the samine sea or water sax kye. (18.) Both in these cases, use and consuetude sould be observed