Manuscripta juridica

Ius proprium Scotiae - Practicks (general digest of law, systematic) .

It appears that the entire main text of the work is written by but one hand only. Dark ink. Parts of fol. 255-279 are no longer readable because of ink corrosion. The titles are not numbered. Headings of the chapters are written in the left margins, and chapter numbers are written beneath them - as in the printed edition.

In contrast to the printed edition, the present MS only starts abridging Balfour's summaries of Acts of Parliament much later. For instance, in fol. 57v-60r, title 'Of begaris', chapter 6, the very long text of the statute of King James VI is still rendered in full wording, whereas in the printed edition it is reduced to a mere reference to the printed statutes. Also in fol. 114r, in the title 'Buying and selling', chapter 13, the scrivener still reports the full wording of a statute. From fol. 114v onwards, however, only references to printed editions of statutes are provided.

[{i}Title, on fol. iii. recto, in handwriting saec. XVII in richly ornamented characters:{/i}] The maner(?) and practique of the lawes of Scotland. By Balf(ui)re [{i}An additional remark saec. XVIII states that a reference to Balfour, made by Mackenzie, was found to match a text passage in this volume - thus assuring readers that the present volume really contains Balfour's Practicks{/i}]

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Author(s):

• James Balfour of Pittendreich

No. of pages: Fol. vi. recto - 312r

Incipit:

• [{i}fol. vi. recto:{/i}] The preface. It becomes the Kings majestie not only to be decored with armes against rebells ... As concerning the lawes of this realme ... [{i}No express mention of any king or regent:{/i}] ... for the help of the readers or our soveragne Lords laws, with the good advice of the haill realme, aswell the people as the clergie ... [{i}last words:{/i}] people of his realme.

  (Fol. vi. verso) blank.

  (Fol. 1r-312r) Main text. First words correspond to the printed edition.

  [{i}Last titles: border laws, ship laws, taxation, order of Chancery, instructions to the Commissars of Edinburgh, ending with the text of the instruction 26 March 1567:{/i}]

Explicit:

• Item that all persones named or to be named executour to any dead sall confirme thir testaments within six monethis after the decease of the dead. [{i}Balfour's extracts from chronicles are thus left out{/i}]