Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1573-1592: (1577/7/4 - 1584/4) .

Same handwriting as in Maitland's Practicks. The scrivener was not aware that Colvill's Practicks only start here. He erroneously thought that they already start at fol. 150r, with an item of Maitland's Practicks, dated 1570/3/29 = Orr nr. 327.

Each item is provided with an abstract - written as a sort of heading, in the outer margin next to the beginning of the item. Furthermore, many items are not dated. If there is a date, it is either written at the end of the item, or at the end of the pertinent abstract in the margin. The scribe of the present MS had difficulties with legal technical terms in Latin, and with Latin legal abbreviations and quotations. Not all of them were unfamiliar to him, but he garbled many of them. He left free spaces where he felt unable to decipher the text of the model MS (or maybe because he suspected the model MS to be garbled) - in order to be filled in by some more competent person (or from a better model MS). In other places, e.g. fol. 172r, the scribe obviously tried to depict as accurately as he could the Latin words which he did not understand. It becomes clear from these efforts that the model MS was entirely written in Scottish secretarial handwriting, also in its Latin text passages.

The text is largely anglicised. Yet at times, rarely, one encounters Scottish grammatical forms and spellings. It might thus be that the entire text of the model MS was still written in Scots, and that only the scribe of this copy applied himself to translate the text into English, but was at times inadvertent

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Author(s):

• Alexander Colville commendator of Culross

No. of pages: Fol. 168r-286r

Incipit:

• [{i}First item:{/i}] After it be concluded in the caus, and protestation admitted quoad alias probationes received.

  The Laird of Camnethen gave in ane suplication and desyred in the action betwixt him and the Lord Somervell, after that it was concluded in the cause and further probation renounced, protestation admitted quoad alias probationes, to have diligence upon ane nottar for transumeing of ane instrument out of the prothocall. It was answered be the Lord Somervell that it was the dayly practique that, (gif) it was concluded in any cause, any new probation should not be received, albeit the same be writt and or otherwise, quia alioqui nulla esset litis finis. To this was answered that the (Lords) practiqued in the contrare part, to have been observed as the Lords fand occasion and motive, and also the common law [={i}Jus commune{/i}] appeared to be with the samen: canon[!] Omni delectis extract. [! ={i}Quum dilectis, extra{/i}] de fid. instrumentorum [X.2.22.9]. Et communiter hoc observatur quod scriptum nunquam concluditur, quia durum est tollere defensiones partium. The Lords fand be interloquutor that in respect of the probation, tam(quam) quoad alios (in) the desyre it was admitted, the desyre of the bill could not be granted.

  .

  [{i}Last items, April 1584:{/i}].

  (Fol. 285v) James Morray as made assigney to the reversion of certaine lands of the liveing of Polmais.

  (Fol. 286r) [{i}corresponding to Adv.MS.24.1.5 fol. 205v:{/i}] There was ane Bothwell that pursued his ome, the bishop of Orkney, to hear and sie ane decreit reduced ... repute and holden as confest. Finis.

  [{i}The scrivener added the words 'as confest' in an attempt to give some sense to the abrupt ending in MS Laing III.429 from which the text of the present MS derived.{/i}]