Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Ius proprium Scotiae - Practicks (general digest of law, systematic) 'Judges are either civill, criminall or ecclesiasticall'

Incipit:

  • Judges are either civill, [and then:] criminall, or ecclesiasticall

Explicit:

  • contrarii\ probationis\

Ius proprium Scotiae - Practicks (general digest of law, systematic) 'Judges are either civill, criminall or ecclesiasticall' .

Corresponds to the work in MS Edinburgh, NR Scotland, GD112/71/3. In the present MS the chapter headings are not numbered

No. of pages: Pag. 1-366

Rubric: A treatise anent the Scotts law in civills. And first anent judges in generall, and thair jurisdiction

Incipit:

  • Judges are either civill, criminall, or ecclesiastik. The parliament is the most supreme high and soveraign judicatorie in the kingdome, consisting of the king or his commissioner and of the three estates of his kingdome, to wit bischops or clergie, the nobilitie, videlicet dukes, marquesses, earls and barrons who hes voice in parliament be their commissioners in everie shyre, and of the kings royall burghs who hes places also in parliament be their commissioners in each burgh royall.

    [{i}Chapter headings, I transcribe them from the index, and I add chapter numbers from MS GD112/71/3:{/i}] 1 Judges in generall and their jurisdiction. 2 Inferior judges. 3 Jurisdiction of barrons. 4 Sheriffs. 5 Comissars. 6 Testaments. 7 Vitious intromission. 8 Vitious intromitters. 9 Burghs and magistrats. 10 Erections. 11 Regalities. 12 Canon lawes. 13 Kirks, benefices and offices. 14 Teinds. 15 Patronage. 16 Prelats and chapters. 17 Abbacies, priories. 18 Provestries. 19 Viccars. 20 Hospitalia. 21 Obligations. 22 Reall execution. [{i}MS GD112/71/3 inserts here its heading{/i}23 Inhibitione]. 24 Heretabell and moveable bands. 25 Heritage. 26 Succession to heritage. 27 Charge to enter air. 28 Master and tenents. 29 Registrat bands, decreits, or executione thairof. 30 Executione of bands, and against parties deceast. 31 Lawfull charges to enter air. [{i}MS GD112/71/3 inserts here its heading{/i}32 Heirs]. 33 Bastards. 34 Relicts. 35 Poynding. 36 Comprysings. 37 Arrestment. 38 Inhibitions. 39 Contracts of alienation. 40 Charters and seasings. 41 Charters. 42 Wodsetts. 43 Competition of infeftments. 44 Ward. 45 Releif. 46 Non-entries. 47 Mariage. 48 Multures.

    (End:) Moultares. The infeftment be requisit in mylnes because they are few ... custome needs not be proven in this case, for the present custome praesumitur [{i}garbled{/i}] ... contrarii

Explicit:

  • fuisse ab initio et onerat adversarium probationis contrarii

Colophon: Finis Aprilis 26, 1681