Manuscripta juridica

Ius proprium Scotiae - Tractatus de tutoribus , etc. 'Tutores dantur pupillis usque ad decimum quartum annum' (in Scots).

The text largely overlaps with Edinburgh, NL Scotland, Adv.MS.31.2.5, and the second part also with MS London, BL, Lansdowne 605. Some titles remind of the work in MS Edinburgh, NR Scotland, GD112/71/3.

No title. This text had formerly been bound in a separate volume, and its handwriting may be somewhat younger than fol. 1-91. Explicit citations only refer to statutes, up to the year 1644 (fol. 107r). Jus Commune sources are not explicitly cited, but their legal technical terms are used throughout the treatise, and Edinburgh is declared to be 'communis patria' of Scots (fol. 116v), in analogy to a legal rule coined in Roman and canon law for the city of Rome

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No. of pages: Fol. 92r-113v

Incipit:

• Anent tutors and curators. One is under tutory if he be a male child untill 14 years of age compleit, if a female till 12 years compleit, both of them from the tyme they pass their tutory or years of pupillarity lying under curatory ay and while 21 years compleit, which years of their curatory are commonly calld the years of their minoritie. And when they have ended these years, than come they to be of perfect age and become majors.

  [{i}Further chapters:{/i}] Anent testaments and executors. A testament is a mans letter ... (fol. 92v). Anent heirs. The manner how one is served and retoured ... (fol. 95r). Anent bastards. A bastard, as he can be heir to nobody ... (fol. 97r). Anent relicts. If there be bairns, the relict will fall the third ... (fol. 98r). [{i}Second part, overlapping with MS London, BL, Lansdowne 605:{/i}] Anent registrat bonds, decreits and executions thereof. The bond being registrat conform to the clause and consent ... (fol. 98v). Off poinding. Upon registrat bonds and decreits befor the Lords of Session or befor sheriffs ... (fol. 100v). Off comprysing. The letters of comprising bears to poynd the moveables ... (fol. 101r). Off inhibitions. The creditor may raise letters ... (fol. 105r). Off arrestment. The creditor upon a band or decreit, altho not registrat ... (fol. 106r). Anent execution of bands or decreits where the parties are deceased. First, in decreits, if the creditor be deceast ... (fol. 107r). Anent lawfullie charged to enter heir. Year and day being past after the decease of the debitor ... (fol. 108r). Anent contracts of alienation. The contract of alienation bears the seller to sell and dispone to the buyer ... (fol. 109v). Anent chartours and sasines. The first part of the chartour is dispositive ... (fol. 111r). Off non-entries. Non-entrie is when the air of the vassall deceast lyes out and enters not the lands as heir to his predecessor ... (fol. 113v)