| LOCATION | Edinburgh, NL Scotland |
| MANUSCRIPT | Edinburgh, NL Scotland, MS.2942 |
| ITEM No. 1 | Ius proprium Scotiae - Practicks (general digest of law, alphabetical) 'Actiones' - 'Woods' (= Spottiswoode rearranged) |
Ius proprium Scotiae - Practicks (general digest of law, alphabetical) 'Actiones' - 'Woods' (= Spottiswoode rearranged) : ('Actiones' - 'Union', author not verified)
Author(s):
Incipit:
Explicit:
Ius proprium Scotiae - Practicks (general digest of law, alphabetical) 'Actiones' - 'Woods' (= Spottiswoode rearranged): ('Actiones' - 'Union', author not verified) .
The present MS corresponds in parts to the 1706 edition of Spottiswoode's Practicks, but shows substantial divergences from it as well as from other MSS which are ascribed to Spottiswoode. It appears that each MS presents its own divergent choice of material, and it is not even clear whether all MSS exclusively contain material collected or excerpted by Spottiswoode.
The collection is arranged by alphabetised keywords. At the end of each title, space is left free for possible additions.The text also contains passages in Latin, and the scribe writes them correctly, but it appears that the quantity of Latin passages is much smaller than in Adv.MS.24.6.4.
Within each keyword title, early material tends to be quoted first, and late material tends to be quoted last, but very often only a loose chronological arrangement can be observed, or no systematic arrangement at all. The concept of order is even less apparent as many items bear no date. Many abstracts of decisions do not mention the parties' names.
The earliest decisions date from the fifteenth century. Examples:
(Fol. 13r) title 'Airship goods', 1474/1/3 and May; 1481/3/20 and 1481/6/27.
(Fol. 402r) Lord Glamis donatour contra Lord Forbes 1491/5/16 (Balfour p. 252), in the present MS mistakenly dated 1431/5/16.
Examples of late items: (fol. 12v) 1643. (Fol. 18v, end of title 'Airship goods') 1642/2/8 Johne Hunter in Edinburgh. (Fol. 23v, title 'Of alienatione and infeftment') 1642/7/22 Nisbet contra Williamsone. (Fol. 252r, title 'Nundinae') 1642/6/24 David Falconer. (Fol. 103r, title 'De dominio acquirendo et amittendo') 1683/11 [{i}I deem that the year date 1683 isdue to a scrivener's slip of pen{/i}].
The text in the present MS contains copious extracts from the "Auld Lawis" and other old material - obviously excerpted from Balfour's Practicks, often quoted as 'Balf.' (e.g. fol. 46, middle), or simply 'B' (e.g. fol. 382r-v). At times the text even quotes the chapter number in the 'Registrum Scotiae' (fol. 1r-v and often further on, e.g. fol. 33r-34v, 99r). Yet, it is not clear to which extent the author also excerpted the collections of Sinclair and Maitland, and perhaps even other collections which are no longer preserved. He definitely used Colville's Practicks, and the scribe often marked the pertinent quotations by adding the abbreviation 'Co.' [{i}for instance, quotation from fol. 34r, title 'Arbitrie':{/i} Mr. John and Mr. Magnus, authors, pursued the Geddies and the Wallets in St. Androis ... and that it was quasi voluntarium exilium. 1590 Co]. Yet, not all extracts taken from Colville are marked in this way [{i}for instance not marked fol. 34r, title 'Arbitrie':{/i} Wodsett c. Scot for ejectione of her, November 1583]. Reports of decisions of the years 1620 and 1630 often correspond to the scheme known from Durie's Practicks: the names of the parties are mentioned at the beginning, and the names of the advocates and of the court clerk on duty are listed at the end.
I found very few references to legal literature, in the present MS. I only saw quotations of Papon, but none of Cuiacius, nor Craig de feudis, although I searched for them deliberately under pertinent title keywords 'Of few' (fol. 150r-v), and 'Tailzie' (fol. 378r-379r), and 'Idiots' (fol. 178r). It might be that the scribe purposefully left out all such quotations because the text of Craig was easily available, and so were the continental European works on feudal law
Author(s):
No. of pages: Fol. 5r-405r
Incipit:
In any actione or causs quhair the king hes speciall entres, if his advocat be laufully warnet to compeir and defend, it is not necessar to warne his hienes comptroller. 1 Junii [{i}blank space{/i}], i. t. c. 1009.
When any persone intents any actione or causs againes ane wther, and the pursuer, compeirand personally, takes up his summonds and will not pursue the same as is libelled, the defender may not be compellit therefter to ansser at his instance untill he be of new summond and his expenss payit to him. 7 Julii 1532.
Item if any persone intends any summonds againes ane wther and comperis not at the day therof to persew the same, the defender comperand and the said day of compeirance beand bypast, protestatione should be admittit be the judge at the instance of the defender that he shall not be compellit to ansser in the matter quhill he be of new summondit and his expenss payit. 29 Junii 1532, Sken of Ab. deir. The quhilk protestatione the judge aught and should admitte the second day at the farthest, if tua dayes efter the compeirance be compleitlie and exclusive bypast. 26 Jan. 1532, Nort Bervike contra the Prioress, i. t. c. 531.
(Fol. 1v) [{i}1630/3/23{/i}] L. Wardess contra his creditors ... 'Vide titulum Of improbatione' [{i}1636/7/20{/i}].
(Fol. 5r) [{i}Second keyword title:{/i}] Of advocatione.
Pleyes and actiones comes somtymes directly and at the beginning therof to the kings or ony other court, and thair is endit and finaly decydit [{i}quotes a statute of Queen Mary 1551/6/20{/i}].
Deidly feid standing wnreconciled betveen the schereff and the pairtie, or ony other inferiour judge, the said pairtie and his partakers ... without dyet or tabill. 4. Mar. 1545. G.(?) contra R.(?).
[{i}First keyword titles:{/i}] Off actions. Advocatione. Airship goods. Alienatione and infeftment. Anwells. Arbitrie. Assedatione. Assignationes. Arreistment. Borrowing and lending. Bruch and barony, etc. etc.
[{i}Last keyword titles:{/i}] Things layed in wedd. Ward and keeping of aires. Wnione.
[{i}Last items:{/i}].
On haveing wnion mayd upone his lands with the same priviledge to another. Jon Stewart of Coldingham contra [{i}abbreviation{/i}] Hom. 12 Julii 1620.
Wnio est aliquid inhaerens infeofamento, et sic transmittitur singulari successori. William Maitland of Lethingtoun, donatour to the non-entres of Lighintoune, pursued my Lord Zester superiour of the saids lands ... but only ane chartour. 19 March 1564
Explicit: