| LOCATION | Edinburgh, NR Scotland |
| MANUSCRIPT | Edinburgh, NR Scotland, GD112/71/2 |
| ITEM No. 2 | Ius proprium Scotiae - Practicks (general digest of law, systematic) |
Ius proprium Scotiae - Practicks (general digest of law, systematic)
Author(s):
Ius proprium Scotiae - Practicks (general digest of law, systematic) .
The present MS preserves Balfour's extracts from Acts of Parliament, in contrast to the printed edition which, from its page 131 onward, replaces them by mere references to printed editions of statutes.
[{i}Preface fol. 1r, lifted from the preface to the treatise Regiam maiestatem. Corresponds to MS Edinburgh, NR Scotland, GD112/71/5, but whereas the latter's text has replaced the reference to King David by a reference to King James VI and to the regent Morton, the text here has re-instated the original reference to King David:{/i}] It becumis the Kingis maiestie nocht only to be decorit with armis aganes rebellis invaidand or makand insurrectioun contrair his maiestie or his realme, bot also to be armit with godlie lawis for rewlling of his subiectis and peceabill keiping of his lieges and pepill.
[{i}End of preface:{/i}] As concerning the lawis off this realme, it is verry difficill in thir our dayes to comprehend thame all in wreit, pairtlie throw the ignorance off the writtaris thairof, and pairtlie throw the confuissit multitud off the lawis thame selffis. Nevirtheles thair is sum ordinances and statuttis commounlie usit and observit in iudgement and zit oft tymis abusit throw ignorance. And quhilk, as appeiris to me without arrogance or absurditie, may be collectit and put in wreit. And thairfore, for the help of the reidaris [{i}the scribe omitted three words:{/i} memorie, at command] of our soverane Lord King David, with the guid awyse off the haill realme, alsweill pepill as clergie, I haif collectit, gadderit togidder and put in wreitt all and sundry the profitabill and godly lawis and constitutiounis maid, usit and practisit in the tyme of the regne of our soverane Lord and off his prediceissouris, Kingis off Scotland, in ane commod ws and guid forme of method and in vulgar and popular langage, using sumtymes willinglie sick termes and wordis as is commonlie usit in judgement - to the effect that the samyne may be thairby mair familiar and the better knawin to all oure soverane Lordis lieges and pepill off his realme.
[{i}Main text, fol. 1v-404r:{/i}] Off the law. Title. The division of the law, cap. 1. The law is devydit.
[{i}Last titles:{/i}] Schip lawis ... Ordour of Chancellarie ... as the auldest practiziaris of writtaris knawis, and hes sene of auld [{i}pag. 655 of the printed edition{/i}]. (Fol. 397r-400v:) Heir followis the lawis maid be certane kingis of Scotland, as contenit in the Scottis croniklis ... [{i}pag. 677-684 of the printed edition{/i}]. (Fol. 400v line 7 - 404r:) Instructiounis to the commissaris of Edinburgh. The summondis, haill process and sentence to be in the vulgare toung. That all summondis be directit ... Item the four Commissaris of Edinburgh sall subscribe thir instructionis foresaids to all the inferiour particular Commissars, sa far as concernis the pairt thairof. Subscryvit be our soverane Lady M(ary) the day of [{i}blank space{/i}] the zeir of god i. m. v. c. lxiii. zeirs [{i} pag. 655-662 of the printed dition. The edition's text on pag. 662 below to 677 middle is lacking - thus the statutes of 1592 and 1597 and additional instructions 1610 to Commissaries{/i}]
Author(s):
No. of pages: Fol. 1r-404r