Manuscripta juridica

Ius proprium Scotiae - Commissars of Edinburgh: arguments to uphold their jurisdiction .

Probably still written by the same scribe, but with different ink. The work refers to statutes enacted under King James VI, and to Skene's De verborum significatione. The author is not named. It can be seen that he was a Covenanter, and hostile to bishops. A printed text of the late 17th c. ascribes these arguments to Sir John Nisbet Lord Dirleton

---

Author(s):

• John Nisbet Lord Dirleton(?)

No. of pages: Fol. 102r-104r

Rubric: Informationes anent consistories, quhairby the usefullness and necessitie of these is evinced and prejudices against them is satisfied and declared

Incipit:

• The question quhither ane judicatorie be usefull and necessarie and thairfor to be instituted, if it be not, and continued if it be alreadie erected, or unusefull and tharfor to be suprest, cannot be defynd weill a priori but from the nature of the subject and causses quhich (are) agitat in the judicatorie

Explicit:

• silver quhich shall be thought fitt to be takin may be imployed, the Commissars being satisfied of thair fees, to pious uses.

  (Fol. 103r) These causes much less can be remitted to shireffes nor other inferior judicatories. First, the reason of the gravitie and intricacie of them. Second, shireffes hes aither their office heritabell and patrimoniall, or are chosen zeirlie be his majestie. The first cannot have thair ryght of jurisdictione inlarged to causses of such gravitie without ane new grant and ryght from his majestie. And how little favorable heritabell offices are, it is constant from law and reason. Second, because in jurisdiction industria persona eligitur, and from other acts of Parliament. Bot both heretabell and other shireffes are knowne to be gentlemen quho understandeth not the law nor way of proces themselfes and are forced to delegat pr..(?) divers(?) judices and to depute their freinds and servants who hes no knowledge of law. And being changed zeirlie hes no tyme to learn the formalitie of proces. Third, shireffes, quho in conscience and be other acts of Parliament are lyable to ansser for thair deputs, may think it hard that causses of such weight and difficultie quhich cannot be decydit but be such as understand the civill and canon law should be remitted wpon their perill to be judged be deputs. Fourth, the shireffes jurisdicion both civill and criminall is so large, as represented be the learned Skyn Ad verborum signification, verbo 'Shireffe' [John Skene, De verborum significatione], it cannot be extendit without great prejudices to causses and actiones of a different nature. Because removings, molestationes, ejectiones, services and other actiones compitent to be judged be shirreffes are for the most part reall and possessorie and may be easilie decydit be the customarie laws of the countrie and acts of Parliament, quhairas testamentar and other consistoriall causses are in apicibus iuris and cannot be decydit bot conforme to the civill and canon law, not authorative but according to the equitie of the said law, quhich most be knowne to those quho are judices in these caices