Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1592-1624: (1606/12/19 - 1624/7/2) .

This is basically a loyal copy from Haddington's original MS (= Edinburgh, NL Scotland, Adv.MS.24.2.1), but at times additional information is supplied which is missing in the original. The present copy may thus also prove useful for an edition of Haddington's collection. Penned by several scribes. All of them wrote clearly, but some used uncommon shapes of letters so that it takes time getting used to them. Old Scottish spelling is maintained. Good Latin. It appears probable to me that all scribes copied directly from the original MS. While there exist many copies of the last part of Haddington's original MS (1609-1624, in the present MS fol. 104-254 and 1-2), this MS contains the only extant copy of the middle part of that MS (1606-1609, here in fol. 3-103).

Eight types of paper were used. Two of these types appear more than once in the MS (the one watermark being present in fol. 5-21 plus 194-219, and the other watermark in fol. 23-100 plus 110, 220-222). This fact suggests that the pertinent text passages were written later than the others, in order to fill gaps which may have arisen through loss of leaves. The quires of paper are numbered, but not the individual leaves {i}Survey of the different parts of the MS:{/i}.

Fol. 1r-2v are misbound and rather deteriorated and browned. They comprise practicks from 1624/6/26 to 1624/7/2 and belong after fol. 266v, see there, below.

Fol. 3r-103v constitute the beginning of the text. They comprise practicks 1606/12/19 - 1609/7/25. Quire numbers are noted on the lower right corner: number 4 (fol. 34r), 5 (fol. 46r), 6 (fol. 60r), 7 (fol. 72r), 8 (fol. 84r), 9 (fol. 96-103). Bookbinder's middle threads of quires can be seen after fol. 4, 15, 27, 39, etc. The quires thus consist on average of twelve leaves. The first three quires ought to comprise 36 leaves, but they only comprise 33 leaves. I therefore deem that some leaves were lost at the beginning of the MS. Gaps of text exist between fol. 4 and 5, and between fol. 8 and 9. I deem that the text had started with the beginning of the winter session 1606/1607 of the Court, with item number 1160 = fol. 257r in Haddington's original MS.

[{i}First items fol. 3r-103r, not numbered, but they correspond to nr. 1169 ss. in Haddington's original MS:{/i}] The Lord of Coldenknowis persued the relict of umquhile David Brown ... subscryved compt. 19 Decemb. 1606.

[1170] That samen day in ane suspensioun betuix the Laird of Weim and Mr. James Mevrois ... 19 December 1606.

[1171] He quha is warned to remove, sawing corne upoun the ground after ... with the croppe growand wpoun the ground. James Ralstoun persuwed Mr. Robert Johnstoun ... the Lords fund relevant. 20 December 1606.

[{i}Last eight items of the series fol. 3r-103v:{/i}] [1628] Ane tutour hes actioun agnis him to quhom he wes tutour to heir his compt ... Mr. William Scot persevit Mr. Johne Scot his brothersone ... fand difficultie.

[1629] The gift of ane escheit. In ane declaratour betuix the puir man Peirie(?) and Abernethie, it being alledgit that be the Lords awin iniunctiouns.

[1630] He quha is infeft in lands haldin of the superiour ... In ane actioun of poynding the ground for ane annuelrent persewit be Watsoun aganis the Laird of Luss ... 25 Julii 1609.

[1631] Ane charge of horning suspendit at the instance of ane assignay ... George Monro wpoun ane decreit obtenit be him aganis Hector Munro.

[1632] Ane horning is null quhair the denunciatioun is more than ane zeir after the last charge ... In ane actioun betuix Schir John Hamiltoun and John Cunningham, merchand,.

[1633] The gerss of ane kirkzaird may not be assignit be the prelat bot perteins to the parochin ... The gerss of ane kirkzaird can not be assignit be the prelat to the minister of the parochin ... 26. Julii 1609.

[1634] Death maks terme day, and gif after the husbands deceiss ... Death maks terme day, and quhair the husband deceissis, the wyfe may ... 26. Julii 1609, Kennedem contra Chalmers.

[1635] It is not lawfull to ane dettour to mak payment to the donatour of his creditors escheit ... Payment of ane debt auchtand to him quha is put to the horne, being maid be the dettour to the donatour of his creditors escheit, will not be fund lawfull, unles the donatour have at leist obteanit ane generall declaratour of the creditouris escheit. 25. Julii 1609 [{i}corresponds to the end of the first volume of Haddington's original MS{/i}]. Fol. 103v is blank.

(Fol. 104r-254) Ten mm taller than the preceding sheets, and the numbering of quires re-starts. These facts suggest that the text from what is now fol. 104 onward was formerly bound in a separate volume. The division corresponds to the one between volumes 2 and 3 of Haddington's original MS. This series comprises practicks 1609/11/4 to 1624/7/2. Many items have an abstract above them, as a sort of heading. The series starts with item number 1169 of Haddington's original Adv.MS.24.2.1, there fol. 260v. Details:line.

(Fol. 104r-109r) This quire is written in a hasty hand, probably as a substitute for a former quire which had in the mean time been lost: 1609/11/4 to 1609/11/30. The quire itself should bear a quire number 1, but there is none. Yet, the individual folios are numbered: 1-3 (= fol. 104-106), thereafter the bookbinder's middle threads can be seen, then 4 (= fol. 107), then 7 (= fol. 108), then 14 (= fol. 109). I therefore deem that in origin one loose bifolium was stuck between what are now fol. 107 and 108, and two loose bifolia were stuck between what are now fol. 108 and 109, and they were numbered along with the other leaves, but thereafter fell out and were lost.

[{i}First items of the series fol. 104-109 = 1609/11/4{/i} to 1609/11/30{i} = at the beginning of the second volume of Haddington's original MS, nr. 1636 ss.:{/i}] Six goldin buttons upone the fathers skin coat and tuo oxin [{i}blot on the paper{/i}] of eight sett in steilbow fund to pertein to the air. In ane actioun perseved be Mr. Robert Boyd, advocat, ... 4 November 1609.

[1637] Ane annuelrent, provydit to the husband and vyf ... Bartull T(?)ullo in Inerask and Jamesone, his spous, having lent 1000 merks ... 10 November 1609.

[1638] Ane rebell most suspend and relax befor he stand in judgment ... In ane actioun betuixt Thomesone and Ramsay.

[1639] The air of ane taksman fund not to have richt ... The Laird of Drum perseved ane Nevin to remove ... xi. November 1609.

[{i}Last three items of the series fol. 104-109:{/i}] Ane appeirand air, albeit he renunce, zit he may be called to the registratioun ... Ane Andersone, having contracted with Dawglisch in St. Johnstoun.

The retour of a vassall is sufficient to produce to the superiour to give him seasing be. He quha is retourit air to his predicessours in lands.

The husband, giving sufficient allowance to the vyfe, will not be bound to pay bands contracted without his consent. Zivvis perseved my Lady Orknay and my Lord to pay him ix. hundred libras conforme to my Ladys band. My Lord alleget first that it wes null, becaus he beand the husband had not subscryvit it. Nixt that scho had 40 chalder of victuall assigned to hir zeirlie, quhilk being ane sufficient allowance for hir intertenements, he could not be compellit to pay any of hir debts contracted without his knowledge and consent. Quhilk wes fund relevant.

(Fol. 109r lower half - 110v: blank).

(Fol. 111r-166v) Practicks 1609/12/14 to 1611/1/16, again by a different hand. Quire numbers are written in the upper left corner of the first page, rather than in the lower right corner as before: 2 (fol. 111r), 3 (fol. 119), 4 (fol. 127), 5 (fol. 135), 6 (fol. 147, the quire ends fol. 158). Then an unnumbered bifolium (fol. 159-160), written in a hasty hand [= substituting some text of a lost seventh quire]. Thereafter the numbering of quires resumes, probably by the same hand as before: quire 8 (fol. 161).

[{i}First items of the series fol. 111r-166v, 1609/12/14 to 1611/1/16:{/i}] Ane man nethir being prelat, baron, nor burges can not have ane air ... Gray, the relict of Craig, persewed Craig, hir owne sone, as executour and universall intromittour with the guids of hir umquhill husband ... 14 December 1609.

The sone is obleist to pay ane annuelrent in his fatheris lyftyme ... Be ane contract thair being and claus, provyding that ane annuelrent ... 14 December 1609.

[{i}On fol. 163v between end of 1610 and beginning of year 1611 much space is left free.{/i}].

[{i}Last item of the series fol. 111r-166v:{/i}] Mr. William Oliphant admitted to the ordinar place in Sessioun, vacand be deceis of the Laird of Edzell, be universall consent of the Lordis without calling of ony utheris who had present a(pplicati?)oun, without any tryell be lessoun or utherwayis, in respect of the notoritie of his qualificatioun. 16 Januarii 1611. [{i}Follows a reclamant{/i} 'retour of'{i} for the next page. It does not correspond to the the first words of fol. 167r - so there is a gap in the text.{/i}].

(Fol. 167r-168v) Practicks 1611/1/22 to 1611/1/25. Again written by a different hand.

[{i}First items fol. 167r-168v:{/i}] Ane takisman, not haveing apprehendit possessioun of the landis ... 22 Januarii 1611. L. of Pitsligo contra Pollvicke(?).

Ane man, being band be the ... 23 Januarii 1611, Coman(?)seill contra John Wench(?).

[{i}Last item of the series fol. 167r-168v:{/i}] The Laird of Parsredge(?) in anno 1608 disponed heretablie ... [{i}Text breaks off at end of page:{/i}] at last Robert(?) alledgit that Pittferren(?) v(?)uld.

[{i}Follows a reclamant for the next page. It does not match fol. 169. There is thus again a gap in the text.{/i}].

(Fol. 169r-190r) Practicks 1612/6/6 to 1622/7/30. Again written by a different hand. The new scrivener has also copied Haddington's numbering of items: (2445) - 2664, corresponding to the item numbers in in Haddington's original MS, there fol. 116-151. Quire nr. 9 starts with fol. 173. This quire has eleven folios, ending fol. 183. [{i}Quires 10 and 11 are lost = ca. 16-24 folios{/i}]. Quire nr. 12 (fol. 184, with change of hand).

[{i}First items of the series fol. 169r-190r:{/i}] Decisioun anent the debaitable landis, and ane exceptioun admittit pairtlie to be tryit by ane inqueist and pairtlie by writ and witness. In the actioun betuix Robert Douglas and my Lord Hereis anent the landis of Barnegleisch etc. ... 6 Junii 1612.

2446. Ane gift of escheit susteaned upone a decreit of a schireff court convicting ane man for stealling of a scheip. Ane tennent of the Laird of Cleghornes convict.

[{i}Intermediate title after item 2590, dated 1614/12/16, on fol. 179r:{/i}] Practikis 1620.

[{i}Item 2592 on fol. 180r, dated 1620/7/26, is immediately followed by item 2593 of January 1622 = same sudden jump in time as in Haddington's original MS.{/i}].

[{i}Last item of the series fol. 169r-190r:{/i}] 2664. Ane band for a sowme of money to be payed to ane interdictour to furder a blok with a man interdyted to him fund null by way of exceptioun. In ane suspensioun raised be Carnoussie aganes Auchannathie ... penult. Julii 1622. [{i}The end of this series corresponds to an end of quire in Haddington's originalMS, with blank pages following{/i}.{i}The lower half of fol. 190r and fol. 190v-191v are not written.{/i}].

(Fol. 192r-222r) Practicks 1622/11/14 to 1623/3/29. The handwriting now resembles fol. 3r-103r. The items bear no headings. They correspond to items 2665-2855 of Haddington's original MS. The numbering of quires from here onward is again on the lower right corner. Quire nr. 13 (fol. 196), 14 (fol. 208, quire ends fol. 210). Thereafter one folio cut out, and again change of hand. Quire nr. 15 (fol. 211), 16 (fol. 223), 17 (fol. 235), 18 (fol. 247). I assume that this last quire had in origin also consisted of twelve folios, as bookbinder's threads are visible after fol. 252, but it nowadays ends with fol. 254.

[{i}Last item of the series fol. 192r-222r:{/i}] Williame Rutherfurd persewed the tennents of Wrichtislands to pay to him ther fermes ... March 1623. [{i}The end of this series corresponds again to an end of quire in Haddington's original MS, with blank pages following{/i}.{i}The lower half of fol. 222r and fol. 222v are not written.{/i}].

(Fol. 223r-266v) Practicks 1623/6/5 to 1624/6/26. New type of handwriting on the first two leaves, therafter change of hands, and the character of writing then resembles fol. 1-2. The items bear no headings. They correspond to items 2856 ss. of Haddington's original MS = there in vol. 2 fol. 189r-233v.

[{i}Last items of the series fol. 223r-266v:{/i}] Ane minor quhos father wes cautioner for his freind ... for a zeir. 25. Jun. 1624. Sommervell contrair Skarlett.

Water running throuch the Laird of Newtouns land on both sydes and from that ... Quhich the Lords fand relevant. 26. Jun. 1624. Mr. James Bannatyne(?) contrair Skaits(?)buss [{i}these two names are lacking in the pertinent leaves of the original MS. The scrivener thus also used other sources of information{/i}].

A contract mutuall ordaining chartour and seasing ... [{i}the text breaks off after three lines, at the end of the page, with the words{/i}'subscryved by'.{i}The text corresponds to Haddington's original MS Edinburgh, last volume, fol. 234r. Thereafter some text is missing, and then follows the text of fol. 1-2{/i}].

[{i}First words of fol. 1r:{/i}] The Lords ordained tryall to be takin ... [{i}Since text is also lacking between fol 1 and fol. 2, I assume that in origin another bifolium had existed between them and was lost. Last date on fol. 1v is 1624/6/29. Fol. 2 starts in the middle of an item:{/i}] by comprysing befoir the persewar ... becauss the defendar had probabilem causam litigandi. Primo Jul. 1624.

[{i}Last item on fol. 2v:{/i}] Horning can not be takin away by exceptioun that the defendar wes not denunced and registrat in the regalitie quhair he duelt, bot at the mercat croce and in the register of the schyre ... 2. Jul. 1624 . H(?)ermistheills contra Malcolm Stevenson. [{i}The text breaks off with the summer vacation 1624, whereas other copies continue into the winter session 1624-1625{/i}].

Two flyleaves at the end of the volume are blank

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Author(s):

• Thomas Hamilton later 1st Earl of Haddington

No. of pages: Fol. 3r-254v and 1r-2v: