Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1619-1646 (alphabetical compend of decisions, extracted from "Major practicks"): ('A' – 'E' only) .

Small lines, written in haste, thus difficult to read, and no spaces left between the end of one item and the beginning of the next. The text often jumps from Scots into good Latin. Most items are very short - as they are in Hope's original. The contents correspond. Yet, frequently the wording is somewhat changed, and dates often differ. The writer did not care to take over Hope's references to the "Auld Lawis" and to Acts of Parliament. He was exclusively interested in the 'Practicae observationes', thus in Hope's abstracts of decisions. The writer's references to decisions cover years up to 1646, whereas the printed edition of Hope's Major practicks only refers to decisions 1608-1633.

Hope's abstracts of decisions are here re-arranged in alphabetical groups according to the first letter (only) of their main topic. Within each alphabetical group the decisions are basically arranged in order of chronology, but this order is often disturbed because many items add references to later or earlier decisions whose point of law is related. The group of letter A ends in the middle of fol. 38v, group B ends in the middle of fol. 39v, group C ends on fol. 41v line 15

---

Author(s):

• Thomas Hope of Craighall

No. of pages: Fol. 37r-41v

Rubric: Ane short notice of the decisiounes and interloquitors givine be the Lords of Counsell and Sessioune, beginning the 15 of Januarie 1619, by my cussine Sir Thomas Hop of Craigall, knight, his majesties advocat, B

Incipit:

• [{i}First items - the word which determines the alphabetising is emphasized:{/i}] Fund be the Lords that, arreistment being lowsed,.

  the pairte in quhais handis the money is arreisted may lawfulie mack payment of the samine to the pairtie creditor. Gordon contra Brody, 15 Januarie 1619 [{i}= Hope 6.37.28, dated 1619/5/15{/i}].

  Infeftment of annuellrent, confounded be acceptatione of ane infeftment of propertie, ceasses quhair the propertie is impungned. 9 May 1619, Keythe contra Ord. This forst found butt infeftment quhair thair is possessione onlie, last July 1625 [{i}Keyth contra Ord = Hope 3.3.34, dated '4 Martii' only, the contents match, but the wording differs{/i}].

  Ane arbiter forcit to give his aithe upon ane promise maid not to decerne in preiudice of the submittar, 3 May 1609[!], Sir H. Elphinstone contra Jonet Elphingstoun [{i}= Hope 5.15.42, dated 1609/3/3{/i}].

  Found that ane appeirand airmay persue for improbatioun of wryttes and bands ad hunc effectum that thei may improve ... Smaill contra Nappier, 24 May 1619 [{i}= Hope 6.24.86, dated 1619/1/29{/i}].

  Act iudiciall fand null, done befor the Deane of (Cullace?). Doctor (Swene?) contra Ord, 28 July 1619 [{i}Not found in Hope{/i}]. The samen found be way of exceptioun in 21 Junii 1622, Dirwadle contra John(?) Ord, Auld contra Jack [{i}Not found in Hope{/i}].

  Annuallrent found not dew, becaus not obleist, albeit ... 10 December 1619 [{i}Not found in Hope{/i}]. Thairefter found the husband should be payit ... L. Dundas contra Sharpe, eodem die ut supra [{i}= Hope 2.13.20, dated 1619/12/10{/i}].

  Found in improbatione ... L. Wintoun contra Corstorfine, 14 December 1619 [{i}= Hope 6.24.87{/i}].

  This fund not fullie consistent quhair the author is fullie denudit ... 1 December 1627 [{i}= Hope 6.24.87 at end{/i}].

  The Lords fand na actione to mak arrestit guidsfurthcomand at the instance of Andro Couper, becaus ... 17 December 1619. Andro Couper contra John Menteith [{i}= Hope 6.37.29, John Murray contra Andrew Couper{/i}]. And the contrar found in favour of the persewer against ane debtor ... Earle of Melrose contra his tennents [{i}= Hope 6.37.29{/i}].

  Na persone may have ane airbot he quha is ather ane prelat, burges, or infeft, or denudit. 2 October 1619, Keith contra Meinzies [{i}= Hope 4.5.67, dated 1619/12/17{/i}]. Item found of befor: Clodseck contra Pr(?)indie, 26 Januar 1615 [{i}= Hope 4.5.67, dated 1619/12/17{/i}].

  Found that the airaucht to have modifieris ... 1 Febr. 1620, Quhytfeild contra L. Calderwood [{i}Not found in Hope{/i}].

  The Lords fand that arreistmentmaid upon guids will not hinder the legies to buy in publict merkat. Okin contra Andersone, 27 Junii 1620 [{i}= Hope 6.37.30, dated 1620/7/24{/i}].

  Item found quhair debts are arrestit, the payer cannot be convenit for brek of arreistment, 13 Junii 1621, John Dunbar of H(?)emprings contra William Hay of Torken [{i}= Hope 6.37.31, dated 1621/6/13, and different place names of parties{/i}].

  [{i}The text breaks off in the middle of fol. 41v:{/i}] Tua declarators of escheitupon double gifts being persewit ... ather that he had trulie payit. 20 Julii 1646. Robert Fowles contra Card (Launin?)toun