Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1568/6/17 - 1645/1, partly of the Commissary Court at Aberdeen .

The items are numbered 1-448. They have headings. Some items quote the Corpus iuris civilis.

At first, the dates progress from 1568/6/17 to 1570/12 (no. 27), but then they jump back to 1568/6/11 (no. 30). Thereafter commences a different series, of the early 17th century. The latest decision which caught my eye was dated January 1644.

The reported decisions appear to originate from the Commissary Court at Aberdeen (at least in part). The first item is dated 1620/12/1 (no. 31). The collector keeps referring to folios in yet another volume, also filled with abstracts of decisions from the early 17th century. See for instance number 263: '18 March 1624. Sie the Commissar of Aberdeine his judiciall books.' Number 70 mentions a decreet by Mr. Thomas Nicolson Commissar, year 1602, 'fol. 184, cap. 266'. Number 253, dated 1623/7/2, mentions 'Mr. James Sandilands judge'. Also item number 447: 'This done in anno 1642. Sandilands judge.' I have not checked whether the numbers of reference in the present MS or in its quotations match those in the Glasgow MS.

The collector had a style book, or maybe even two - item number 269: 'Sie my uther styill book, fol. 192, cap. 1'.

As a matter of principle, the dates ascend in chronological order, but some items of later date or earlier date are interspersed in the chronological series (e.g. nr. 264, interspersed between decisions of 1624 and 1623: 'Resolvit in Edinburgh January 1633')

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Author(s):

• Alexander Spalding, advocate at Aberdeen

No. of pages: Fol. 192r-381v (old numbering 110r-289v):

Incipit:

• [{i}First item:{/i}] (1) [{i}Heading:{/i}] Of minors that may not be persewit nor privatit of ther heretage dureing ther minoritie. [{i}Text:{/i}] Anent the actione persewit be the Laird of Petsligoe, beand second sone to his father, befor the shereff of Aberdeine, and put in the most pairt of his land be his eldest brother, who hade but dauchters, whilk actione was advocatit befor the Lords, againes the daughters of the eldest brother. Alleadged be the persewares to be the aires of lyne ... [{i}1568/6/17{/i}].

  [{i}Last item:{/i}] 448. [{i}Heading:{/i}] The second wiff should have ane terce of sic lands wherin her husband died last vest and seased as of fie, albeit provydit to his first wifes bairnes. [{i}Text:{/i}] George Chalmer, flescher in Old Aberdeine, conqueiss in Elspet Murray his first wiffes tyme tua tenements of land yeards and rigigs, lyand in Auld Aberdeine. He resignes ane of the saids tenements with the pertinents in the Bishope of Aberdeines hands, superiour therof, for new infeftment to be givin to him and the said Elspet Murray his spous with him in conjunctfie and lyfrent ...

Explicit:

• And consequentlie shee sould have ane terce. Whilk was resolvit in her fawors [{i}not dated{/i}]. Finis