Manuscripta juridica

Institutions of the law of Scotland .

Anonymous and without title. The MS was identified by my Aberdonian colleague Christopher Gane. Stair's text is divided into 31chapters. The text corresponds to MSS Aberdeen, UL, 592 and 2097 and 3066/7, but the appended reference to a case of 1666 is not found in the oldest MSS

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Author(s):

• James Dalrymple later 1st Viscount Stair

No. of pages: Pag. 1-341

Incipit:

• Titulus 1. Comon principalls. ... 1. Jurisprudence is the knowledge of rights as justice is the inclination.

  (Last title:) Titulus 31. Vitious intromission. ... Vitious intromission in England infers only restitution, and no personall oblidgement for all the defuncts debts, and therfor intromission, there, as to process, in Scotland was sustained to exclude this

Explicit:

• passive title: Nicoll., De haereditariis actionibus, 26 Julii 1628, Lord Dingvall contra Manderstoun.

  [{i}Addition, written by the same scrivener:{/i}] It was also lately resolved by the Lords, that the passive titles of behaveing as aire and vitious intromission, quae capiunt delicta, should not be competent aganist any as representing defuncts, who wer alleadged vitious intrometers, not being intenteing in their own time, when they could purge the vitiositie, or instruct the cause therof. 10. July 1666. Cranstoun contra Wilkison. Finis