Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Decisiones curiae supremae Scotiae - Practicks 1541-1547, overlapping with collection by John Sinclair


Decisiones curiae supremae Scotiae - Practicks 1541-1547 , anonymous, overlapping with collection by John Sinclair.

The items are not numbered. Their arrangement and text correspond to the first fourteen items in Adv.MS.22.3.4 - with unimportant variants. Headings for the items are written in separate lines between them. Their wording differs substantially from the provisional edition, but parts of the wording correspond. Many items are not dated.

[{i}Item 595, wrongly dated 'Januari 1582':{/i}] He that is infantulus aetate may be conveined for spuilzie. Ther was ane Sumervell that persuit ane Hamiltoun and his sone for the spoliation of certaine guids ... the modification of the violent proffeitis to them selfes.

[{i}Item 596:{/i}] A deforcer of his masters(?) officiar tynes his takis. It was found be the Lords that, quhair any tennent deforces his overlords officiar ... and temporall landis.

[{i}as in Adv.MS.22.3.4, but there the text is divided into two items:{/i}] Quhar ther is first takis of land and few thairefter sett of the samyne landis, the setter of the tak is not obleist to warrand the fewer thairfra. Mr. James Gray advocat warnit Mr. David Rollock to flit and remove ... mycht warne albeit not in possession.

[{i}as Adv.MS.22.3.4:{/i}] The wyff may defend hirself in judgment, notwithstanding hir husband be at the horne. About the same tyme the Laird of Cragie warnit Jean Hepburne, spouss to Peiter Oliphant, to flit and remove ... and propone her defensses.

[{i}as Adv.MS.22.3.4:{/i}] Quhair the defender seiks long termes of dilligence to drift tyme, gif the perswer offer him to usit(?) in shorter space, he will be hard to doe the samyn. Mr. Jon Provant, quha obteined the gift of clerkship of the Commissariot of Dunbleane.

[{i}as Adv.MS.22.3.4:{/i}] In ane action betuix two Monipennies brether in Sanct Johnstoun.

[{i}as Adv.MS.22.3.4, also the last sentence:{/i}] The inhabitantis of the commontie of Selkirk.

[{i}Item 593:{/i}] Ther was ane A.B. that persuit C.D.

[{i}Item 594, dated 'Febr. 1541':{/i}] A persuit B for spoliation of certaine guidis.

[{i}Item 586, dated 'ult. Februarii 1541':{/i}]: The abbot and convent of Melros ... [{i}with argument based on an analogy to{/i}'l. ult. ff. Cum quibus iudicium' [{i}I deem this is garbled from ยง ult., D. cum quis ius dicenti non obtemperaverit{/i}] [D.2.3.1.4, argument by analogy].

[{i}Item 587, not dated:{/i}] In the caus betuix Collerny, baillie to the abbot of Lindores.

[{i}Item 588, not dated:{/i}] Thair was ane McCautney.

[{i}Item 589:{/i}] The scribe only wrote the heading, and its wording differs from the provisional edition: 'Ane man must prove casum amissionis et tenorem instrumenti, quhen the prothecall is burnit.'.

[{i}Thereafter empty space. It would have sufficed for thirteen lines.{/i}]


No. of pages: Fol. 11r line 31 - fol. 12v: