Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1550-1577: (1550/12/15 - 1577/10/29) .

Very neatly written on one type of paper only, by only one scribe - although the colour of the ink changes at times, and the scribe amused himself varying the shape of upper case letters at the beginning of items. Old foliation in ink different from that of the main text, and the same hand has also numbered the items consecutively and has written the year date above the middle of each page.

The scribe largely maintains old Scots spelling, but lapses into writing 'sh' instead of 'sch', 'not' instead of 'nocht', etc

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Author(s):

• Richard Maitland of Lethington

No. of pages: Fol. 1r-155v

Rubric: Heir followis certane practicques, drawin furth of certane procese befoir the Lordis of the College of Justice and Sessione, and decretis of the same, collectit and sett furth be Schir Richard Maitland of Lethingtoun, knycht, ane of the senatoris of the said College

Incipit:

• [{i}First item:{/i}] Of the Lordis to be juges to strangearis. In ane actione and causs persevit be ane Frenscheman aganis ane Inglismen for restoring of ane schippe, tane in tyme of peace, it wes decernit be the Lordis that thai and siclik strangearis, ubi agitur de rebus alibi captis vel conventis, aucht to be iuget eftir the commone law, and nocht be the practicqu of the realme. And the Lordis was competent iuges, albeit the parteis was baith strangearis. And the Frenshman haid actioun to persew befoir thame, notwithstanding the Anglishmanis free salve conducte. 15. Decembris 1550.

  [{i}Last item:{/i}] Of productione of ane infeftment. Anent the actione pursuwed be the bishop of St. Andros against Jhone Hammyltoune of Drumrye for productione of certane evidents ... Quhilk alegance of the said defendar was admitted be the Lordes. 29 Octobris anno 1577 [{i}The remaining two thirds of the page are blank{/i}].

  The headings of the items correspond to those in Edinburgh, NL Scotland, Adv.MS.31.2.2 (i) - with minor variants of wording and spelling. For item 53 which in the Advocates' MS has no heading the present MS has: Of the breking of ane arreistment in the tyme.

  Dates: I have only made spot checks. In the year 1554 the present MS does not jump from April to June, August, October and then back to June but remains in April and then goes ahead to June.

  Items present or not present:

  Nrs. 1-68 in the present MS correspond to items of same numbering in the Orr MS Glasgow, UL, Gen. 1333 [{i}abridged:{/i} Orr] and in Edinburgh, NL Scotland, Adv.MS.31.2.2 (i) [{i}abridged:{/i} Adv.] Further on:

  Adv. 208 = Orr 206 is here nr. 206.

  Adv. 209 = missing in Orr and missing in present MS (same parties as in Orr 206).

  Adv. 210 = Orr 207 is here nr. 207.

  Adv. 235 = Orr 232 is here nr. 232 = 1565/4/7 with appendix dated 1563/3/12.

  Adv. [262] = Orr 259 is here nr. 259.

  Adv. [263] = Orr 260 is here nr. 260, and after this item there is no mention that other copies end here.

  Adv. [289] is here nr. 285.

  Adv. [291] = Orr 287 plus 288 is here one item, nr. 287, thus Orr now one ahead.

  Adv. [314] = Orr 311 is here nr. 310.

  Adv. [315] = Orr 312 is here nr. 311, but present MS has together with Orr a different wording of heading and text, against the Adv. MS.

  Adv. [316-317] = Orr and present MS lack them.

  Adv. [318] = Orr 313 is here nr. 312.

  Orr and present MS then insert three items = Orr 314-316, here nrs. 313-315.

  Adv. [319] = Orr 317 is here nr. 316.

  Adv. [322] = Orr 320 is here nr. 319.

  Orr and present MS then insert four items = Orr 321-324, here nrs. 320-323.

  Adv. [323] = Orr 325 is here nr. 324.

  No insertion of the many items which late MSS insert here.

  Orr and present MS insert one item, Orr 326, here nr. 325 - with the two references, correctly written.

  Adv. [324] = Orr 327 is here nr. 326. At the end dated 24 Martii anno 1570, and then a remark 'Confer fol. c. retro', also marked in the margin by a cross. This does not refer to this manuscript's fol. 100 or nearby. It must thus refer to the model MS.

  Orr 328 (missing in Adv.) is here nr. 327, dated 1573/11/5 - thus large jump in dates.

  Orr and present MS again insert two items, Orr 329-330 = here 328-329.

  Thereafter no more differences.

  [{i}Last item:{/i}] Adv. 414 = Orr 418 = here 417.

  Fol. 156r-174v blank