Manuscripta juridica

Institutions of the law of Scotland .

[{i}Title page:{/i}] Sir James Dalrymple of Stair, President of the Session: The Institutions of the Law of Scotland, Deduced from its Originals, and Collated with the Civil, Canon, and Feudal-Laws; and with the Customs of Neighbouring Nations. Edinburgh 1681 [{i}copy at Aberdeen, UL, shelfmark pi f 34702 Sta 1{/i}]

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Author(s):

• James Dalrymple later 1st Viscount Stair

No. of pages: (item 1)

Incipit:

• Part I. 1 Common principles of law. My design being to give a description of the law and customes of Scotland, such as might not only be profitable for judges and lawyers, but might be pleasant and useful to all persons of honour and discretion.

  [{i}Further titles in Part I:{/i}]{i}{/i}2 Of liberty. Liberty is that natural power which man hath of his own person, whence a free man is said to be suae potestatis, in his own power ... 3 Of obligations. Rights personal, or obligations, being in nature and time, for the most part anterior to, and inductive of, rights real of dominion and property ... 4 Conjugal obligations. The first obligations God put upon man toward man were conjugal obligations, which arose from the constitution of marriage before the fall ... 5 Obligations between parents and children. 6 Obligations of tutors and curators, pupils minor, and persons interdicted. 7 Restitution. 8 Recompense. 9 Reparation: where delinquences, and damage thence arising. 10 Obligations conventional, by promise, paction, and contract. 11 Liberation from obligations. 12 Rights real: where of community, possession, property, servitudes, and pledges. 13 Infeftments of property. 14 Superiority: where of its casualities, non-entry, relief, compositions for entries, ward, marriage, and liferent-escheat. 15 Annualrent: where of pensions, and poinding of the ground. 16 Liferents: where of conjunctfees, terces, and liferents by the courtesie of Scotland. 17 Servitudes real. 18 Teinds: where of benefice, stipends, presentation, collation, institution, tacks, annats, and patronage. 19 Tacks: where of rentals, tacite relocation, and removing. 20 Wadsetts: where of reversion, regress, and redemption. 21 Extinction of infeftments: where of resignation ad remanentiam, recognition, disclamation, purpresture, and other feudal delinquences. 22 Prescription.

  [{i}Titles in Part II:{/i}]{i}{/i}23 Assignations: where of arrestments, and actions for making forthcoming. 24 Dispositions: where of resignations in favorem, apprisings, and adjudications of real rights. 25 Confiscation: where of single-escheat, liferent-escheat, shipwrack, waith-goods, treasure, forefaulture, bastardy, and last-heir. 26 Succession. 27 Heirs. 28 Behaving as heir. 29 Lucrative successors. 30 Executory: where of testaments, codicills, legacies, relict's part, bairns part, dead's part, confirmations, and office of executory.

  [{i}Last title:{/i}] 31 Vitious intromission. Vitious intromission is only a passive title, making the intrometter lyable to all the defunct's debts, passive ... a stranger

Explicit:

• but the acquisition was found to be a collusion, the buyer being the defunct's goodson, pretending to buy from a stranger. Nov. 29, 1679. Irving contra Kilpatrick