Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1624-1639 (alphabetical, 'Acts of court' - 'Wife', 'Unlawis') .

No mention of an author, and no title. The text appears to be more complete (at least in part) than in some other MSS. Written by only one scribe, in neat letters. Each item is accompanied by an abstract, written in the left margin, in ink of lighter colour, but in very similar character of handwriting, thus possibly by the same scribe. Old pagination in ink 1-203, continued in pencil 204-210. Tightly bound so that parts of the text in the inner margin cannot be read. The year dates of cases which caught my eye ranged from 1627 to 1635.

[{i}Headings:{/i}] Acts of court. Adjudications. Aires. Successores. Assignationes. Advocation. Advocationes. Arreistments. Anuelrents. Bands. Bastardrie. Breiffes. Cawtion. Commissiones. Comprisings. Cawtion [{i}again{/i}]. Compts. Curialitie. Contracts. Chaptur. Charters. Caption. Testament dative. Declaratores. Deposition. Decreits. Distresses. Dispositiones. Diligence. Deforcement. Erection. Esheite. Ejectiones. Executores. Expences of plea. Exhibitiones. Factores. Falsett. Foirfaltur. Fewfermes. Kirklands. Gleibes. Hornings. Husbands. Interlocutor. Improbation. Incidents. Intromission. Infeftments. Intromission [{i}again{/i}]. Incidents [{i}again{/i}]. Inhibitiones and interdicts. Irritant clauses. Instruments. King. Kirk. Litiscontestation. Legacie. Lyfrenters. Mailles and deuties of lands undividit. Manses. Mariag. Minors. Molestation. Missive lettres. Milnes and multures. Messingers. Ministers. Non-entres. Nottars. Nullities. Obligationes. Oathes. Probation be oth[!]. Paines and penalties. Pryce. Poynding. Prescription. Pensiones. Peremptores and dilatores. Pensiones [{i}again{/i}]. Process. Probation. Protestation. Patronag. Procuratories. Promise. Process [{i}again{/i}]. Prothegalls. Possession. Prentice. Rebells and esheits. Redemption. Reversiones. Redemptour [{i}again{/i}]. Reduction. Restitution and reposition. Recognition. Removeings. Regalitie. Rentales. Revocation. Registration and registers. Retour. Seasines: vide 'Prothegall', pag. 34... [{i}incomplete number because loss of paper in the margin. The reference to pag. 34... obviously means the model MS, not the present MS{/i}]. Shireffe. Strangers. Subscription. Servituds. Summonds. Session and Lords [{i}breaks off incomplete{/i}]

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Author(s):

• George Auchinleck of Balmanno

No. of pages: Pag. 1-210 (= fol. 1v-105v):

Incipit:

• [{i}First heading:{/i}] Acts of court. A judiciall act of ane inferiour judg obleidges no mour then the assertione of a single notare: 27[!] July 1627, Moir and Makeinzie contra Dumbare. Vide 'Decreits', pag. 55 [{i}this obviously refers to the page number in the model MS, not to page 55 in the present MS{/i}].

  [{i}Abstract of first item, in the left margin:{/i}] Judiciall acts of inferior judges are not better then instruments of a single nottare.

  [{i}Abstract of second item, in the left margin:{/i}] Idem hic legitur.

  [{i}Second (= last) item under first heading:{/i}] Ane act of court befoir a baillie is not obligator after threttie sex yeares, except something have followed upon the act, to qualifie the acknowledgment of that act be the defender. Yeoman contra Z, 27 Decemberis 1635.

  [{i}Second heading:{/i}] Adjudicationes.

  [{i}Abstract of first item under second heading, in the left margin:{/i}] Adjudication payes not a yeires dewtie to the superior for the entrie.

  [{i}First item under second heading:{/i}] Robert Greir of Barjarge charges the Laird of Closburne to enter and receave him vassall to the 20 shilling land of Bachell, quhairof Closburne was superiour - quhairupon he had obtined adjudicatione against the aires of the deceast Thomas Greir, his brother. Closburne suspends, alledging that he owght to have a yeares dewtie, sieing the land is transmitted to a stranger be adjudicatione as be comprysing. Et par est ratio in the one as in then uther. To the quhilk itt was anssred that be act of Parliament comprysers are ordained to pay a yeares dewtie, which is not ordained in the act anent adjudicationes. The Lords fand the lettres orderly proceidit, and that they could not exceid the act of Parliament. 20 Januarii 1637.

  [{i}Abstracts of second item under second heading, in the left margin:{/i}] The superiors of burgage are the provest and baillyes, and they and not the king sould be only cited in adjudicationes of burgage land.

  Two doughters appeirand aires, the one being comer(?) [{i}= creditor{/i}] to the defunct, hes no neid in adjudication to charg any uther sister to enter or renunce, so that she (impliedly renounced by) seiking adjudication of no mar bot the half.

  [{i}Second (= last) item under second heading:{/i}] In adjudicationes of lands holden burgage thair is no necessitie to summond the Kings Advocatt and Thesaurer, bott the proveist and baillies of the brugh quhair the tenement lyes: 18 November 1631, Jean Dow and Rachell Stewart appearand aires of the deceist Mr. Lodovick Stewart, minister at Demeer.

  Rachell Stewart, ane of the two doughters and appearand aire of Lodovick Stewart, upon a band mad to her be her deceist father, charged her sister to enter aire, and upon her sisters renunciatione obtained decreit contra haereditatem jacentem, and intents actione of adjudicatione. Siklik Robert Stewart, brother to the defunct, for sowmes adebtid to him charges both the doughters to enter aire. They both renunce. He persewes for adjudicatione. In the quhilk actione compeires the said Rachell and alledges that shee, haveing intented the forsaid process of adjuciation upon her sisters renunciatione, she owght to be preferred. To the quhilk it was replyed that her process was null, in soe far as thair being two doughters appeirand aires, they ought both to have bein charged to enter aire, and both to have renunced befor any adjudicatione could be grantid, bot soe it is that she had only charged her sister, one of the aires, ergo. Quhairupon it was duplyed that she could not charge her twyce [{i}= she could not litigate against herself{/i}], and that she was content to restrict her summonds of adjudicatione to that halfe of her fathers heritage quhilk might fall to her uther sister, and had renunced [{i}= this implied a renunciation from her side{/i}]. Quhilk duply the Lords fand relevant. 17 Januar 1632 [{i}another item from this case can be found on page 5, dated 1633/11/16{/i}]

Explicit:

• [{i}Last item, pag. 210:{/i}] Upon the last of November 1630, John Lord Traquhare receaved extraordinarie Lord of the Sessione, in place of the Lord Erskin, conform to the kinges letter, etc

Colophon: Finis coronat opus.