Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Decisiones curiae supremae Scotiae - Practicks 1592-1624 'Sex goldin buttones' : (1609/11/4 - 1614/12/16, 1620/7/16, and 1622/1 - 1624/7/29)


Author(s):

  • Thomas Hamilton later 1st Earl of Haddington

Incipit:

  • Airship fund to comprehend sex [and then:] golden buttons

Explicit:

  • Foulshall\ against\ releeff\ his\

Decisiones curiae supremae Scotiae - Practicks 1592-1624 'Sex goldin buttones': (1609/11/4 - 1614/12/16, 1620/7/16, and 1622/1 - 1624/7/29) .

The MS has no foliation. No mention of an author, and no title. The text is heavily anglicised: all 'quh' are replaced by 'wh'. On the first pages the ink is badly faded. The items are not numbered, but they have headings. They bear dates at their end


Author(s):

  • Thomas Hamilton later 1st Earl of Haddington

No. of pages: Fol. 1r-145v

Incipit:

  • [{i}First items:{/i}] Airship fund to comprehend sex golden buttons ... will not fall under the escheit bot under his (masters?) escheit. In ane actione persewed be Mr. Robert Boyd advocat aganist his mother and Mr. John Russell now her spous for delyverie to him of his airship goods, the Lords fand that his summonds ... albeit it wes alledget be this defender that they wer confirmed in the defuncts testament, yet the Lords fand that the air should have an yoke of tham as airship. 4 November 1609.

    Ane band ... will pertain to the husbands aires, and no part of it will fall to the wyffes aires. Bartill Tullo in Inverask and Jamesone his spous having but ane 1000 ... the aires of the wyf should have no pairt therof. 10 November 1609.

    A pairtie (denunced?) seiking to annull the horning ... suspension will be granted super juratoria cautione. In ane action betuixt Thomson and Ramsay for annulling ane horning it wes alledged that the persewar should have no proces becaus he wes rebell ... et relaxatum super juratoria cautione. 11 November 1609.

    [{i}Because the MS lacks foliation, I supply some details in order to assist readers:{/i}].

    Fol. 8v 1609/12/1. Fol. 18r Session Januarii 1610. Fol. 25v end of a quire. Fol. 30v maybe end of a quire. Fol. 35v bookbinder's threads of binding, thus middle of quire. Fol. 40v, possibly end of quire. Fol. 47r Session Januare 1611. Fol. 70r Sessione Januarii 1612. Fol. 88r 1614/12/16. Fol. 88v John Hamiltoun of (Long?) Herdmistoun, persewing for registratione of a band ... This wes done 16 July 1620. My Lord Craightoun and I with few others wer of the contrary judgment. Fol. 88v (or 90v) Januare and Februare 1622. Fol. 100r 1622/12/19. Fol. 100v [{i}in the margin{/i}] Januarii 1623. Fol. 125v Januarii 1624. Fol. 127v possibly end of quire. Fol. 137v end of a quire. Fol. 140v bookbinder's threads of binding, thus middle of quire - which thus ends with fol. 147v.

    [{i}Last items, fol. 145v:{/i}] A tennent, bund to remove and enter his maister to the possession ... expreslie requyred and refused. 29 July 1624. Mr. William Oliphant contra David Ramsay.

    If ane advocat, having evidents putt in his hands be his client, be persewed with his client be a pairtie having interest ... 29 July 1624. Broune contra Mr. Rodger Mowatt.

    He who hes obtained decreit of removing against tenents, persewing them therefter for the maills and dewties ... 29 July 1624. Gilbert Achesone contra the tenents of Fettercairne and John Forbes.

    Caprintoune, vassall to Shaw of Foulshall, having charged him to enter and being entered to infeft him wpon his retour, and wpon his refuseall persewing Shaw of Kerse who wes Fouleshalls superior to enter him, his summonds wes sustained, bot he wes decerned

Explicit:

  • to pay the non-entres all the yeires that Foulshall wes in non-entrie, tamquam debitum fundi, reserving his releeff against Foulshall. 29 Julii 1624 [{i}Remainder of page is left blank{/i}]