Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Decisiones curiae supremae Scotiae - Practicks 1550-1577


Author(s):

  • Richard Maitland of Lethington

Incipit:

  • In ane action and cause [and then:] pursuit be ane French man

Decisiones curiae supremae Scotiae - Practicks 1550-1577 .

The present MS was obviously copied directly or indirectly from MS Edinburgh, UL, Laing III.429 whose text breaks off at the end of its fol. 127v (= end of a quire) in the middle of an item which lacks in MS Orr, and its next quire only starts with the last lines of item Orr 326, followed by Orr 327-415. The text of the present MS breaks off with the same words, on fol. 149v, leaving the rest of the page blank. Since the scrivener erroneously deemed that the model manuscript's next quire (= MS Laing III.429 fol. 128) already belonged to Colvill's Practicks, he started a new leaf (fol. 150r) and wrote an erroneous title: 'Followes the Lord Culross his Practiques'. Thereafter he skipped the useless first lines of fol. 128r in his model MS (= the last lines of item Orr 326), and he went ahead copying items Orr 327-415


Author(s):

  • Richard Maitland of Lethington

No. of pages: Fol. 90r-168r

Rubric: Leithingtoune

Incipit:

  • [{i}First item:{/i}] In ane action and cause pursuit be ane French man agains ane Inglish man for restoreing of ane ship, tane in tyme of peace, it was decernit be the Lords that they and sicklyke strangers, ubi de rebus alibi raptis agitur, vel conventis, ought to be judged after the common law and not the pratique of the Realime [{i}sic!{/i}], and the Lords is competent judges, albeit the parties were baith strangers. And the French man had actione to pursue before them, notwithstanding the English man's frie salve conduct. 15 Decembris 1550.

    (Fol. 145v) [{i}After item Orr 320, dates hop backward to the year 1565. On fol. 148r items are dated 1565 and also 1573.{/i}].

    [{i}Last item:{/i}] corresponds to Orr 415