| LOCATION | Edinburgh, NL Scotland |
| MANUSCRIPT | Edinburgh, NL Scotland, Adv.MS.6.1.7 |
| ITEM No. 1 | Decisiones curiae supremae Scotiae - Practicks 1624-1639 (alphabetical, 'Acts of court' - 'Wife', 'Unlawis') |
Decisiones curiae supremae Scotiae - Practicks 1624-1639 (alphabetical, 'Acts of court' - 'Wife', 'Unlawis')
Author(s):
Explicit:
Decisiones curiae supremae Scotiae - Practicks 1624-1639 (alphabetical, 'Acts of court' - 'Wife', 'Unlawis') (1627/1/16 - 1635/2/15, 'Aire' - 'Unlawis') Very neatly written in large letters, by only one scribe. The margins are used for decorations in ink, nothing is written on them. Most items are very short. Date s of items are always written at their end, in Latin. Parties' names are often omitted. If they are provided, the defender's name is at times mentioned before the pursuer's name. I deem that this irregularity comes from the author's original MS, and that it indicates a particular closeness of the present MS to that original. Other copies have removed this irregularity.
Furthermore, I assume that in the author's original the parties' names were noted in the margins. In other copies, these names were drawn into headings for the individual items. The present MS, in contrast, has no headings. It transposes parties' names into the beginning of the text, or at times to the item's end, and often they are omitted altogether.
The present MS maintains old Scots spellings in higher percentage than other copies. Nevertheless many anglicised words and spellings slip in.
The latest decisions which happened to catch may eye date from February 1635:
1635/2/10 In reductione of rights sometimes the Lords reduces ... ('Reductione', fol. 163r).
1635/2/11 Williame Kerr v. Forsythe ('Summonds', fol. 194r).
1635/2/15 Ladie Balmagie v. Laird Balmagie ('Terce', fol. 208r).
1635/2/12 Bunnes v. Broune ('Registratione', fol. 182v).
1635/2/21 Gordon v. MacIvan ('Redemptione', fol. 163v).
The order of arrangement, too, differs from other MSS. In particular, the decisions within each keyword title are here not arranged in strict chronological order. This might be explained by assuming that Sir George's original MS consisted of loose sheets which could easily get into disorder
Author(s):
No. of pages: Fol. 1r -234v
Rubric: Pratiques collected be Sir George Auchinleck of Balmanno, wreittin Be Ihon Wrchart 1644 [{i}written on a beautifully designed frontispice which shows Lady Europa riding on a bull which wades in water. The sheet is connected to fol. 6b = the one with the unusual watermark with two pillars{/i}].
[{i}Second title, fol. 1:{/i}] Practiques and decisiones of the Lords of Sessione, observed and collected be Sir George Auchinleck of Balmanno, Knight, one of the ordinarie Lords of the Colledge of Justice. October 7, 1645.
[{i}First keyword 'Aires', because there is no keyword 'Acts of court' as in other copies. I list the first series of items:{/i}].
1629/6/22 Maister Frederik Carmichell perseves the Laird of Kincraigie, appearand air and lawefulie chairgit to enter air, to heare and see his goodsirs bande registrat ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 13{/i}].
1627/1/16 The Lairde of Monniemusk being persevit be Fraser as air to his brother Duncan who was air to the father who was obligit be his bande to the persevar for a certane summe of moneye ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 4{/i}].
1627/1/27 The appearand air may be persevit within yeare and daye after his fathers deathe ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 5{/i}].
1632/1/17 Rachell Stevart, one of the two dauchters and appearand air of Lodovik Stevart, upone a bande made to her umwhaill father, chairges her sister to enter air, and upone her sisters renunciatione obteanes decreit contra haereditatem jacentem and intents actione of adjudicatione.
1627/2/16 The Lairde of Balgonie being servit air to his father in his minoritie without consent of his curators ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 6{/i}].
1628/2/28 Fullartoune of that ilk being chairgit to enter air a yeare after his fathers deceasse at the instance of Patrik Livingstoune ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 8{/i}].
1628/2/29 Ane appearand air is nether servit nor seasit as air to his father diverse yeares ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 9{/i}].
1628/6/19 The air maye be chairgit to enter at anie time after the fathers deceasse ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 10{/i}].
1628/1/26 The voluntar payment of the fathers debt makes not the payer to be air ... Boieser contra Abercrombie ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 7{/i}].
Ibidem. He behaves himselfe as air who is is infeft in his fathers landes or anie pairt therof titulo lucrativo post contractum debitum, or intromets with his fathers airship goods and geare or uplifts ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 11{/i}].
1629/1/29 A decreit obteanit at the instance of ane appearand air ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 14{/i}].
1629/2/11 If anie perseve ane actione as air and for instructing himselfe to be air alledges that the same pairtie defendar obteand a decreit against him as lawefulie chairgit to enter air ... Stevart contra Wilson ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 15{/i}].
1629/2/14 Williame Patersone is persevit be Androv Stein as air to his father, at the least as successor titulo lucrativo post contractum debitum ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 16{/i}].
1629/2/14 Ane appearand air who craves a discharge of the duetie conteanit in a backtack set be a wodsetter ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, item 17{/i}].
1629/6/25 Johne Auchterlonie obteanes decreet of registration of a bande made be umwhaill Allexander Guthrie.
1629/7/2 A prelat, barone or burgesse maye have ane air, bot of anie that haid heritage was dissaisit therof ... from the rule 'Semel baro, semper baro'. Cunningame contra Mutrie.
1629/7/2 If a second brother intromett with anie of his fathers airship goods, his elder brother being leiving, and the said brother deceassing before he entered air.
1629/7/10 The Laird of Torrie, for releife of summes for the which he became cautioner for Mr. David Wardlawe, was infeft in the said Maister Davids landes of Kilernie.
[{i}First three items under the second keyword, 'Assignationes', fol. 11v:{/i}].
1627/3/27 In ane actione of double poinding, the letters were funde ordourlie proceedit ... Arnot contra Campbell.
(Fol. 12r) 1627/12/11 Ane assignatione made be a Scottis merchande, who haid duelt long in Germanie, to another Scotsman is quarrelt be the debtors aires ... Falconer contra Beatie.
1629/3/18 In the same actione it was alleadgit be Beatie that the debt conteanit in his fathers bande whiche was heritable ... The Lords repellit the alleadgence and fande that the assignatione did not alter the natur of the bande. 12 Dec. 1627 ut supra, Cant contra Edger.
[{i}Last items under the keyword 'Summonds', listed for comparison to Adv.MS.81.4.19, in which this is the last keyword:{/i}].
1632/1/26 The relict who had intertainit her bairnes perwewes their fathers executors for their aliment ... Stallers contra Moubray [{i}in Adv.MS.81.4.19 the order of this item and the next following one is inverted.{/i}].
1634/2/6 In the actione of reductione of a decreit reductive obteanit be umwhaill James Earle of Home against umwhaill Sir Johne Home of Cowdanknowes and James Home his other sone ... [{i}mentioning Lord Maitland, as in Adv.MS.81.4.19{/i}].
1635/2/11 Where a summonds of improbatione is onelie intentit of a wreat containing no reductione or reasones of anulling the said wreat, the Lords will not suffer the persewar of the improbatione in caice he succumb in the improbatione to object nullitie against the said wreat takin to be improvin, bot suffered him to passe from the summonds of improbatione and to libell newe summonds upone the nullitie. William Kerr contra Forsythe.
[{i}Last item under penultimate keyword, 'Wife':{/i}].
1634/3/14 Androv Gib, haveing married Cristan Home, a widov, and be contract of mariage all her moveables and summes of moneye.
[{i}Keyword 'Unlawes' = last keyword:{/i}].
1628/12/6 Robert Crichtoun, shirref deput of Sanchar, in a persuit wherin Androu Wilson is persewit at the Procurator Fiscals instance for a bloodweet committed be him against one Robert Crichtoun, is decernit to pay 50 pounds in poenam contumaciae for his not compearance. The Lords funde it sufficient to convict him in the unlawe of 20 pounds, notwithstanding of the decreit which the defendar suspendet ... [{i}= MS Edinburgh, NR Scotland, GD51/17/114, second item in title 'Unlawes'{/i}]
Explicit:
Colophon: Finis coronat opus