Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]

Supplement to Morison's "Dictionary of Decisions"

Supplement to Morison's "Dictionary of Decisions" .

[{i}Title page:{/i}] Mungo Ponton BROWN: Supplement to the Dictionary of the Decisions of the Court of Session. Vols. 1-5, Edinburgh: printed for W. and C. Tait, 1826.

The five volumes of Brown's Supplement contain selected reports on cases which were omitted in the volumes 1-38 of Morison's Dictionary and also in Morison's Supplemental volume of 1815. M. P. Brown used several MSS, but he did not state their whereabout and shelfmark. Only for Lord Fountainhall's decisions he stated that the four MSS which he used were housed in the Signet Library [{i}clearly MS Signet 37, perhaps also MS Signet 49{/i}] and in the Advocates Library [{i}probably Adv.MSS.6.2.14-16{/i}].


Pag. v-vi 'It is well known that a great number of cases which are to be found in the printed collections of Decisions by Durie, Spotiswoode, Gilmour, Dirleton, Stair, Harcarse, Fountainhall, Dalrymple, Forbes, Bruce, and others, were omitted in Mr. Morison's Dictionary of the Decisions of the Court of Session. ... Some time after the publication of the Dictionary, a considerable number of the cases which had been omitted were printed by Mr. Morison, in a Supplemental Volume. Every person, however, who has had occasion to consult this volume, must have found, by experience, that it was not calculated to remedy the inconveniences arising from the omissions in the Dictionary. For, in the first place, there still remained a great number of cases in printed collections, which are not to be found in this Supplemental Volume. In particular, it may be mentioned, that it contains no part of Lord Fountainhall's printed collection, in which alone there are above 1500 decisions which had been omitted in the Dictionary.

In the second place, no part of the MSS, which remained unpublished when the Dictionary was compiled, was printed in the Supplemental Volume.

In the work which I now lay before the profession, I have attempted to supply, in some measure, the defects which have been so generally felt and complained of. It embraces.

Primo, the whole of the cases which are to be found in printed collections, but which have been omitted in the Dictionary; including those which were published by Mr. Morison in the Supplemental Volume. This part of the work includes, besides the cases printed in Mr. Morison's Supplemental Volume, a great number of cases from the printed collections of Fountainhall, Spotiswoode, Harcarse, and others.

Secundo, a selection from the manuscripts in the Advocates Library, of such of the older cases as appeared worthy of being published. Of the MSS. from which this selection has been made, the following have been partly published by Mr. Morison in his Dictionary, viz. those of Sir George Auchinleck of Balmanno, of Lord Newbyth, of Lord Gosford and of Mr. Forbes. The Supplement comprehends the remainder of the cases contained in these MSS. and also the contents of several MSS. of Lord Fountainhall, which have never yet been published; besides a MS. collection of an earlier date, made by Robert McGill Lord Foord, which commences in 1649, and ends in 1650.'.

Pag. x: List of the collections of decisions printed in the Supplement to the Dictionary of Decisions, either wholly, or so far as not included in the Dictionary.

Sir Alexander Gibson, Lord Durie, from 1622 to 1642.

Sir Robert Spotiswoode, of Pentland, Lord President, 1620 to 1637.

Sir George Auchinleck, Lord Balmanno, from 1627 to 1637.

Robert MacGill, Lord Foord, from 1649 to 1650.

Sir John Gilmour, Lord Craigmiller, 1661 to 1666.

Sir John Baird, Lord Newbyth, from 1664 to 1667.

Sir John Nisbet, Lord Dirleton, 1665 to 1677.

Sir Peter Wedderburn, Lord Gosford, from 1668 to 1677.

Sir David Falconer, of Newton, Lord President 1682.

Sir Roger Hog, Lord Harcarse, 1672 to 1692.

Sir James Dalrymple, Lord Stair, 1662 to 1681.

Sir John Lauder, Lord Fountainhall, partly from 1661 to 1712.

Sir Hew Dalrymple, of North Berwick, Lord President, 1699 to 1718.

[{i}Furthermore, M. P. Brown lists collections of the 18th century:{/i} William Forbes, Alexander Bruce, Henry Home Lord Kames (1734-1757), John Edgar, Alexander Home Clerk of Session, Sir James Fergusson Lord Kilkerran, Alexander Tait Clerk of Session, James Burnet Lord Monboddo ].


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