Manuscripta juridica

Institutions of the law of Scotland .

Anonymous and without title. Hasty handwriting in pale ink on many different types of paper, thus probably written in many instalments. The division of the work into thirty-one titles corresponds to the edition of 1681, and the contents also correspond largely

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Author(s):

• James Dalrymple later 1st Viscount Stair

No. of pages: Pag. 1-394

Incipit:

• Tit. i. Common principles ... [{i}Text of first title differs considerably from the edition 1681:{/i}] Jurisprudence is the knowledge of right, as justice is the inclinatione or will to give everie man his right, and law is the warrand or rule of right.

  2 Of libertie, quhair of manumissione and patronage. [{i}Incipit corresponds to edition:{/i}] Liberty is that naturall power.

  3 Wher of obligationes generallie. [{i}Incipit corresponds to edition:{/i}] Rights personall, or obligationes, being in nature and tyme.

  31 Vitious intromissione ... [{i}Explicit - the contents but not the words correspond to the pertinent paragraph 15 of the edition 1681:{/i}] Vitious intromissione in England infers only restitutione and noe personall obleidgment for all the defuncts debts, and therfore even as to process in Scotland is not susteaned to extende this passive title: Nicolls., De haereditariis actionibus, 26 Julii 1618, Lo. Dingwell contra Manderstone [{i}In the edition 1681, two more paragraphs follow{/i}]