Manuscripta juridica

Ius proprium Scotiae - Practicks (general digest of law, alphabetical) 'Airs' (= Heirs) - 'Writs' , with supplement at the end

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Author(s):

• Robert Spottiswoode(?)

No. of pages: Pag. 1-149

Rubric: Practiques of the Lords of Session [{i}a contemporary hand adds:{/i}] drawine from Durie, Balmanno, Mr. Th. Craig De feudis, and others [{i}a 19th c. hand adds:{/i}] They appear to be President Spotswood's, tho' in some things different. In the end are practicks 1592-1593.

Handwriting saec. XVII.1 in good ink. The contemporary hand which added the explanation to the title, mentioned above, has also supplied many additions, in smaller script, usually in light ink, often in the margin, and often referring to Durie's Practicks, quoting pages, and to 'Balmanno', also quoting pages (e.g. p. 15). It might thus be possible to identify the MSS of Durie and Auchinleck of Balmanno which were used - if they are still extant. The text also quotes many decisions of the 16th century, in particular from the 1580s and 1590s

Incipit:

• [{i}First keyword and first paragraphs of it:{/i}] Of airis and airship guidis. (Tit. 1:) A decreet being obtened against one charged to enter air, he may not be heard be way of suspension to renunce, notwithstanding he will be heard to use his defences in the cause as of payment and uthers, if he be comperand in that sentence.

  In a major, this may be trew that he cannot renunce post sententiam, bot in a minor the Lords wold once ex gratia have sustained the renunciation.

  [{i}First keyword titles - only the very first one is numbered in the MS:{/i}].

  1. Of airis and airship guidis. 2. Annuellrents. 3. Arbiters. 4. Arreistment. 5. Assignation and intimation therof. 6. Bailzierie. 7. Barratrie. 8. Bastardie. 9. Breivis, retouris, services. 10. Cautioners. 11. Compensation. 12. Comprysing. 13. Letters conforme. 14. Conjunctfee and lyfrent. 15. Conquest. 16. Consent and ratihabition. 17. Contracts and obligations. 18. Contravention of lawborrows. 19. Curialitas. 20. Custome of barronnie, burgh, etc.. 21. Debtors and creditors. 22. Deforcement. 23. Depositum, morgagium, pignus. 24. Disclamation. 25. Divorcement ... [{i}etc.{/i}].

  [{i}Last keywords:{/i}] Warrandice. Vassals. Rei vendicatio. Word and promise. Wreits and evidents. Exhibition and delyvery of wryts. Production of wryts. Proving the tenor of wryts and evidents. Althoght summons be intentit for proving the tenor of an evident ... for proving the tenor of the back(band?). 19. Julii 1636. [{i}up to middle of pag. 140, then name 'John Thomsone' and free space{/i}].

  (Pag. 141-149) Supplement of keywords which were left out above, entirely or in part.

  Molestation [{i}left out entirely{/i}] Ane decreit of molestation gotten against ane heritor of lands.

  Non-entrie [{i}left out entirely{/i}]. A donator of non-entrie, having generall declarator.

  Entrie to lands. Quaestio est utrum in iis feudis.

  Removing [{i}end was left out above{/i}]. Ane exceptione proponed contra a removing, persewit be Mr. Walter Whytfoord.

  Spulzie and ejection. In actions of ejectione and spulzie, the persewer sould lybell possessione ... payment in solidum contra him. Ult. March 1633 [{i}till end of pag. 149, then again name of scribe or possessor{/i}'John Thomsone']