Manuscripta juridica

Ius proprium Scotiae - Practicks (general digest of law, systematic) , first titles, heavily abridged.

No mention of an author, and no title. Many chapters of Balfour's text are entirely left out. Others are substituted by mere summaries. The nine pages of the present MS correspond to ca. 70 pages in the printed edition

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Author(s):

• James Balfour of Pittendreich

No. of pages: Pag. 15-23

Incipit:

• The law is divydit in the law of nature, the law of God, and the positive law. The naturall law is that quhilk is put by God in the heart or nature of man and naturallie is ingraffed in all living creature. And I say (al)so: the law of God is that quhilk is revealed and declared in his most holie will and word.

  The positive law is that quhilk is made by man allanerly. The prince and estates of ilk countrey may make lawes. Iff any questioun aryse before any judge of this realme quhilk cannot be decydit be any clear wreattin law, the decisioun and declaratioun thairof should be referrit and continewed to the nixt (parliament) [{i}paper was lost at the margin{/i}], wheirunto the parties should be warnit to compeir and their defence hard.

  All ordinarie judges within this realme should caus the actis, statutes and laws of Parliament be proclaimed within thair jurisdictioun and unviolablie in all poynts observed. And the same after publicatioun hes the strength of ane law and ordinance obleishing every subject to observe the same, albeit long thairafter they be printed.

  (Pag. 15) Off the king and his revocatioun.

  The king at his coronatioun makis faith that he shall be leall and trew to God and holie kirk and to the thrie estaites of this realme. And ilk estate to keep, defend and governe in thair owne freedome and priviledge after his power. The lawes and customes of the realme he shall not eik or diminish without the consent of the thrie estates, and shall worke or doe nothing or use any poynt tuoching the common profite of the realme bot be thair consent. The law and consuetude of the realme made be his foirbears he shall keep and use in all poynts at his powar to his leiges, so that they repung not to the faith. So help him God, and be his holie doome.

  The king is of perfyt age at twentie ane zeirs compleit, so that nothing done by him thairafter may come under his generall revocatioun, nor yet may be speciallie revocked be him.

  (Pag. 15) Off the kirk and libertie thairof.

  The gleib of ministers and readeris should be frie of the teinds. The fruits of the temporalities of all bishopricks perteinis to the king. The fruits of the spiritualitie of all bishopricks perteins to the generall (vicar of the) seit [={i}the see{/i}] vacante, who shall be comptable of his intromissioun to the nixt entrante.

  The jurisdictione of the kirk consists in the preaching of the trew word of God, correctione of manners and administratioun of the holie sacraments. All contraversies and questiones concerning testaments should be decydit befoir the spirituall judge, as judge competent thairto.

  And siclyk all causses concerning the right and propertie of ecclesiasticall benefices perteines to the Commissar or ecclesiasticall judge.

  The ecclesiasticall judge may not cognosce upon the propertie of landis nor actiones of spoilzie, as being civill and prophane.

  Ane contract or obligatioun made of ane civil or prophane matter sic as ane assedatioun of landis is understood not to be prophane or civill if the same be conformed or corroborat be aith or fide media of any one of the contrahents, and thairfor the actions resulting thairupon may be persewed befor the spirituall judge - except the samen contract concerne the redemptioun of landis or heretages, in the quhilk caice, albeit the same be confirmed be interpositioun of ane aith, zet it is understood to be prophane.

  (Pag. 16) Off shireffes and shirreffdomes, baillieries, ste(wardries) etc.

  (Pag. 17) Off barrones and thair aith.

  (Pag. 18-23) Off the borrowis and lawis thairof.

  The provest and baillies of brough should be choisen at the nixt court after Michaelmes be the common counsall of the burgh.

  (Pag. 23) The names of the burrowes quhilk are frie and subject to pay extent within this realme.

  (End:) No burges may have but ane servand for buying of wooll, skinnes, hydes of cloath and sicklyke, and if he buy the same of ane unreasonable pryce above the ordinar of the gild(?) he shall be unlawed, ... gild

Explicit:

• and that quhilk is bought shall be escheitit to the use of the gild