Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Institutions of the law of Scotland


Author(s):

  • James Dalrymple later 1st Viscount Stair

Incipit:

  • Jurisprudence is the knowledge [and then:] of rightes

Institutions of the law of Scotland , model manuscript to be used for copying [= 'exemplar'].

Anonymous and without title. Very neatly written for easy copying, on thick paper. Two loose quires, each consisting of only three folded leaves, each quire's leaves sewn together with only a short thread through three holes in the fold. This proves that the quires had never properly been sewn into a book spine. Furthermore, other sets of holes in the inner margins of the leaves show that they were once only loosely held together by loops of string - similar to the technique of loose loops of string in quires of mediaeval model manuscripts which were kept loose for the purpose of easy copying (the so-called 'exemplaria', consisting of 'peciae'). In the first quire there are two piercings 80 and 90 mm above the lower rim and 12 mm distant from the fold, and three piercings 8 mm and 12 mm and 55 mm beneath the upper rim, and 14-20 mm from the fold. The second quire shows similar piercings. Additional piercings close by show that the original loops of thread had obviously worn out and were thus replaced by new loops, almost in the same place


Author(s):

  • James Dalrymple later 1st Viscount Stair

No. of pages: Fol. 1r-12v

Incipit:

  • Title 1. Comoun principles. [{i}There follows a list of 26 headings of paragraphs in this title{/i}]. Jurisprudence is the knowledge of rightes, as justice is the inclinatioun (or will) to give everie man his right. And law is the warrand or rule of rightes ... [{i}The first quire ends and the second quire immediately continues the text in title 1 paragraph 21{/i}].

    [{i}Further chapter headings:{/i}] Tit. 2 Libertie. Liberty is that naturall power ... Tit. 3 Obligationes generall. Rights personall, or obligationes, being in natur and tym ... Tit. 4 Conjugall obligationes and rightes. The first obligatioun God put upon man towards man war the conjugall obligatiounes which arose from the institutioun of mariadge.

    [{i}Text breaks off at end of page, in title 4 paragraph 1:{/i}] being maried and keeping hous and societie togither for severall zeires: Nicolson, de agnoscen- [{i}Reclamant for beginning of the next quire:{/i}] dis