Manuscripta juridica

Ius proprium Scotiae - Practicks (general digest of law, alphabetical) 'Abbas' - 'Universities' .

The handwriting is very peculiar, but neat and in good ink. The scribe writes good Latin. Many long passages in Latin. Alphabetical entries. The emphasis of the work is on topics in which Scots law differs from Jus Commune, or is more detailed than Jus Commune. Quotations from Corpus iuris civilis are therefore rare (e.g. fol. 1r line 13). The entries quote statutes up to 1663 (e.g. fol. 162v) and very frequently Craig, 'Jus feudale' (abridged as 'C:', for instance fol. 58r 'C: L: 2: 161: Craigius putat conditionem ... non valere ...'). Decisions are mainly quoted from Durie's collection 1622-1642 (marked with a prefixed 'D:'). Few other decisions 1500-1663 (e.g. fol. 17).

[{i}Originally the MS lacked a title. It was only added by a later hand{/i}]

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Author(s):

• Thomas Wallace of Craigie

No. of pages: Pag. 1r-162v

Incipit:

• [{i}First entries:{/i}] A. Abbas is est qui monachali conventui praeest, et non semper ex clericis olim erit, sed sepe etiam ex laicis, in iure civili.

  Absens, being lawfullie summoned.

  Absentia variis modis sumitur in iure.

  But absentes rei publicae causa ar priviledged in order of proces.

  Acts of Parliament should be proclaimed at the Mercat Cross of Edinburgh.

  Acts of curatorie.

  Actiones. Some actions ar civill and some criminall.

  Adherence. Husband or wyfe wilvullie divorceing from one another.

  Adjudication is a legall remedie in favors of creditors ... [{i}very long{/i}].

  Administration. A father is lawfull administrator to his lawfull bairnes.

  [{i}Last entries:{/i}].

  Usus. A craftman conduceing loomes for exercecing his trade is lyable in a yeirlie duetie to the owner for the use thairof. D: 19 March 1630.

  Ususfructus, vide lyfrent, supra.

  Universities. The universities have fiftie pounds out of everie thowsand merks or the rents of the bishops and fourtie pounds out of the thowsand merks of ministers stipends yeirlie for foure yeirs

Explicit:

• begineing in anno 1664. Act 23, Par. 1663. Finis