| LOCATION | Edinburgh, NL Scotland |
| MANUSCRIPT | Edinburgh, NL Scotland, MS.2941 |
| ITEM No. 2 | Ius proprium Scotiae - Practicks (general digest of law, systematic) |
Ius proprium Scotiae - Practicks (general digest of law, systematic)
Author(s):
Ius proprium Scotiae - Practicks (general digest of law, systematic) , abridged.
Difficult to read because of faded ink. Many leaves show heavy water damage in their lower half, often so bad that the writing can no longer be traced.
Titles are numbered 1-146. The title 68 'Of probatioune' comprises all methods of probation whereas the printed edition divides them into separate titles: by writ, by oath, etc. This also happens with other titles, and therefore the printed edition has many more titles than the old MSS. The chapters are numbered within each title. Their headings and chapter number are written in the margin. The title 'De actionibus civilibus' is numbered 98. It immediately precedes title 99 'De causis criminalibus'.
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At first, Balfour's extracts of Acts of Parliament are copied in their full wording (at least up to title 5 = pag. 26). Later on, in contrast, they are replaced by mere references to printed editions of statutes.
[{i}Fol. 175v an encouragement in 18th c. handwriting for someone wanting to copy this MS:{/i}] By reading 20 fol. per diem, you'll finish the whole in 9 dayes.
[{i}Preface, fol. 1r, abridged, mentioning King David only indirectly:{/i}] The Preface. It becumes the kings majestie not onlie to be decorit with armes againes rebales ... [{i}Dated:{/i}] Apryle 1645.
[{i}Main text, fol. 2r ss.:{/i}] Of the laws. Title 1. Of the divisione of the law. Cap. 1. The law is divyded in thrie pairtes.
[{i} The appendix is so heavily abridged that it barely fills fifteen sheets: fol. 161v-175r:{/i}] Of forefaulture. Tittle 136 (fol. 158r). Of cursing, tittle 137 (fol. 163v medies). Of justice air, tittle 138 (fol. 161v). Of the generall band, tittle 139 (fol. 163r-v). Of the Chamerlane air, tittle 140 (fol. 163v medies). Of bordours lawis, tittle 141 (fol. 163v infra - 164r supra). Of schipe lawis ..., tittle 142 (fol. 164r). Off taxatiounis, tittle 143 (fol. 166v). The ordours of the Cancellaris, tittle 144 (fol. 166v). Instructiounis to the Commisseris of Edinburgh, tittle 145 (fol. 170v, ending with these words:) Subscryvit be the Queanis Majestie anno 1563. Auld lawis maid be certane kingis of Scotland as conteined in the Scottis Croniclis, tittle 146 (fol. 172v).
(End:) It is statute and commandit that sadellis, brydellis and all uther instruments ... sume craft to wrne thair leving thairby. Thomas R(?) and Ullphe(?) governor to King David Bruce, lib. 15, anno mundi 5300, Christi vero 1330. Perfeci vigesimo Octobris anno domini 1646 Edinburgi. John W... (cancelled)
Author(s):
No. of pages: Fol. 1r-175r