Manuscripta juridica

Ordo iudiciarius Scotiae - Injunctions to the Commissars of Edinburgh: (also directed to Commissars elsewhere) .

Largely corresponding to the text of 1610/3/2 in the reprint 1962 of Balfour's Practicks, p. 664-666 = title 169, but wording and arrangement are often different. Ink corrosion folio 115 recto - folio 116 verso.

[{i}Title for fol. 114v-115v:{/i}] Injunctiones for Comissares set downe and appoynted by the archbishopes and bishopes of this kingdome

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No. of pages: Fol. 114v-116v

Incipit:

• 1. Yea are be vertew of your office ane comissione to decyd and judge in causes concerneing benefeicies and teynds, in maters of scandell, confirmatione of testaments great and smaill within your bounds, all causes testimentar, and in all other maiters wherin the oath of pairtis is requyred, if the samyne doeth not exceid 40 lib., and in all uther causes quhairin the pairtie submitt them selfes to your jurisdictiones.

  2. Yea are to judge in all reductiones and declaritores of nullitie of marriadge for impotencie or upon aney uther ground or reason quhatsumever, all actiones of devorce ..., all actiones and questiones of bastardrie.

  [{i}Point 26 = last point:{/i}] The profeitt of all summonds, sentences, transumpts, registrationes and confirmationes of testaments and registrationes of all tackes, contracts, obligationes and uther wrytes whatsumever, and extracts of the samyne, and lykewayes the profeitt of the seall and signet to be devyded in maner following, videlicet: the tuo pairt thairof to the Commessars and the thrid pairt to the clarke, he alwayes finding paper, ink and wax and a wryting chamber.

  (Fol. 115v-116v) Ordoures to be observed in confirmatione of all testaments.

  Largely corresponding to the text in the reprint 1962 of Balfour's Practicks, p. 666-668.

  Yea shall have a care that all edicts be served generallie at the paroch churches ... to the archbishops or bishops to whom it belonges allenerlie, iff neid beis.

  [{i}The catalogue remarks that this item corresponds, with some variants, to MS 3060 fol. 159.{/i}].

  (Fol. 116v) Injunctiones to the clarke of ane Comissariott.

  Much shorter than the corresponding text in the reprint 1962 of Balfour's Practicks, p. 668, and the wording differs in part.

  Yea shall have tuo register books: ane for the acts and sentances and ane uther for the testaments. Als which books of the testaments shall be marked by the hand of the archbishopes or bishopes clarke. And when the same are filled, go(?) to receave ane new booke besyde your books of registrationes.

  Yea are all of your boith Commissars clarke, and (ass?)ist als to serve the leidges thankfullie at the raites and prices which are to be setled by the archbishopes and bishopes