| LOCATION | Edinburgh, NL Scotland |
| MANUSCRIPT | Edinburgh, NL Scotland, Adv.MS.22.3.4 |
| ITEM No. 5 | Decisiones curiae supremae Scotiae - Practicks 1573-1592 |
Decisiones curiae supremae Scotiae - Practicks 1573-1592 : (1573/10/27 - 1582/5)
Author(s):
Incipit:
Explicit:
Decisiones curiae supremae Scotiae - Practicks 1573-1592: (1573/10/27 - 1582/5) .
In the present MS and also in MS Edinburgh, Signet L, 34, the series starts four years earlier than in other MSS
Author(s):
No. of pages: Pag. 417-599
Rubric: [{i}First heading:{/i}] Scripturae de novo repertae, quando et quatenus admittendae
Incipit:
Ane infeftment, albeit not reducit, may be tane away be ane decreitt arbitrall. Thair was ane Maggot in Newbotill that had warnit ane Reid to flitt and remove ... Eodem, Octob. 1573
Explicit:
The manuscript corresponds to a large extent with MS Signet 34, but preserves old Scottish spelling more faithfully than MS Signet 34. The character of the very neat handwriting points to the end of the 16th c. or first years of the 17th c. It appears that the scribe had basic knowledge of Latin, but was not really firm in Latin grammar. Spot checks to compare the present MS with Adv.MS.24.1.5 have shown that the text of the present MS is heavily shortened and that almost all legal reasonings and quotations are left out. It might be that also MS Signet 34 has more references - because a user's note on the flyleaf of MS Signet 34 praises that manuscript's references so warmly.
I have searched for references in the first part of Adv.MS.22.3.4 which is only contained in this MS and in MS Signet 34, but I have only found references to Corpus Juris Canonici and Corpus Juris Civilis, and to Acts of Parliament and some judicial precedents. Not a single quotation of other legal literature found so far.
The present MS lacks two items which are contained in MS Signet 34.
For correspondence 1573-1577 between the present MS and MS Signet 34 see the description of the latter MS. For correspondence from 1577 onward with many other MSS I have compiled a separate list, too long to be published here. MS Signet 37 is not as closely related to the present MS as MS Signet 34, and Adv.MS.24.1.4 is even more distant.
The present MS breaks off in spring 1582, whereas both Signet MSS go further. It appears that the present MS - at least towards its end - presents but a selection of items from Colvill's Practicks. The present MS skips some items 1581-1582 which are present in Adv.MS.24.1.5.
(Pag. 596-597) Ane new alledgance, foundit upon law, wil be hard in the secund instance, albeit it be alledgit to be fraudfullie omittit in the first instance. In the actioun of reductioun persewit at the instance of Sibilla Drummond and Riddoche, hir bairnis, agains Alexander Murray ... that the pairtie had omittit the said allegance dolose. Februar 1581. [{i}Corresponds to Adv.MS.24.1.5 fol. 168v, there followed by eight items which are skipped in the present MS{/i}].
(Pag. 597-598) How judges gevin be commissioun of the Lordis, subdelegattis and gevis commissioun to examine witnesses furthe of the cuntrey. Thair was certane strangeris that persewit certane burges mer(chants) of Edinburgh ... qui principalem habebat jurisdictionem, as I believe - the mater was brocht bak and hard over againe. Maii 1582. [{i}Corresponds to Adv.MS.24.1.5 fol. 171r, there preceded by the item which in the present MS follows{/i}].
(Pag. 598-599 line 3) Quhow he that is not at the actuall deid, nor zit his command provin, committis eiectioun. Thair wes ane proces advysit betuix Alexander and James Homes, brethers of the Home of Lethillo, one the ane pairt, and the Laird of Aytoun ... And gave condemnatour agains the Laird of Aytoun. Nonnulli dominorum, inter quos reverendi patres Dumfermling et Newbottle, in contraria fuerunt opinione. Penultimo Marcii 1582. [{i}Corresponds to Adv.MS.24.1.5 fol. 170r - in which the last two items of the present MS are written in inverted order{/i}].
The rest of pag. 599 and pag. 600-608 are left blank - the scrivener was thus aware that the text was not yet complete.
Pag. 600-608 blank (pag. 608 probationes pennae). Pag. 609-634 are not extant (no longer extant)