Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Decisiones curiae supremae Scotiae - Practicks 1540-1549


Author(s):

  • John Sinclair later Bishop of Brechin

Decisiones curiae supremae Scotiae - Practicks 1540-1549 .

Penned by a scribe who anglicised many words. The text often differs from the provisional edition, in particular in parties' names. For instance in item 273b 'William Slowane', not 'William Silver'. In item 273m 'Rattray', not Ruthven'. In items 330-345 parties' names inverted: 'Robert Craufurd and Margaret Semple his spous'. Several transpositions of items: 103 after 104; 408 after 410; 501 after 502.

Additional words and even entire sentences are inserted. It appears that the scribe's model MS was at least in some places better and more complete than the MSS on which the provisional edition is based, for instance in item 329: 'And in this cace the Lord of N. wes the uther pairtie, and this retour wes be the said James' tennentis solisting and moyen of court retreated for not-production of the chartor and seasine, quhilk vald nocht have bene done in caice then they had bein produced.' Also in item 471 where an obvious gap in the provisional edition is filled: 'Et obtulit dictus dominus se probaturum rasuram illam repositam esse manu eiusdem notarii, per probationem aliorum instrumentorum eiusdem notarii. The Lords of Councill decerned rasuram illam vitiare instrumentum et reddere adeo suspectum ut fides ei non debeat adhiberi.'.

On the other hand, the MS also skips text passages which are present in the provisional edition. Items 1-15 are lacking. Items 21-22 are heavily abridged. Items 23-34 are left out. The same applies to 50-51, 102, 216-218. The end of the text corresponds to the provisional edition. The present MS is related to MS New Haven, Beinecke L, Osborn f b 246 (see fol. 330r-371v). This might also apply to its text of Sinclair's Practicks.

Fol. 79v blank


Author(s):

  • John Sinclair later Bishop of Brechin

No. of pages: Fol. 1r-79r