Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1573-1592: (1577/7/4 - 1592/11) .

Same handwriting continues. No indication that a new work starts. Yet, a note in the left upper corner of fol. 120v wrongly assumes that Colville's Practicks start there, with an item of Maitland's practicks, dated 1570/3/24.

The text in the present MS continues far beyond the end in other MSS. It continues into August, October and November 1592 (fol. 247r-v). It thus ends only shortly before the begin of Haddington's Adv.MS.24.2.1. From the beginning to the end the items show a coherent style of wording. I thus deem that the entire series was compiled by Colville. I have collated fol. 204r-247v (1584/12 - 1592/11) to the Earl of Haddington's index to Colville's Practicks (Adv.MS.24.2.1 vol. 3 fol. 23r-27v). The index entries correspond to the text in the present MS.

I have collated in detail fol. 134r-136r to MS Signet 34 and to other MSS - thus up to the end of January 1577. For the remainder I have only browsed through the text and have checked that the items are arranged in chronological order.

Many items are marked with a sign shaped like figure 7 (in the margin) - maybe to mark particular items for copying. Did Morison transcribe items for his "Dictionary of Decisions" from this volume? Or did Lord Kames do so for his 'Folio Dictionary'? Or was the marking meant to tell the scribe of Adv.MS.24.1.11 which items he should copy into that latter MS? Marks of this kind can be found throughout the present MS, from fol. 3v onward.

The text of this MS was still consulted in the 19th century. Pertinent sheets with transcriptions of items are stuck between fol. 217 and 218 (Margaret Dishington v. Laird of Lochnoreis, February 1587 = fol. 219r below) and between fol. 228 and 229 (Laird of Fodderat v. Laird of Drum, February 1588 = fol. 227 below)

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Author(s):

• Alexander Colville commendator of Culross

No. of pages: Fol. 134r line 6 - fol. 247v

Incipit:

• (First heading:) Eftir it be concludit in the caus and protestation admittit, quoad alias no probation is receavit
• (First item:) The Laird of C. geve in ane supplicatioun ... [{i}= the normal beginning of Colvill's Practicks 1577{/i}].

  [{i}End of Adv.MS.22.3.4 compared to the present MS:{/i}].

  (Fol. 168v) Into the action of reduction persewit at the instance of S(ibylla) D(rummond) and R(iddoches), hir barnes, againes Alexander Murrey [{i}corresponds to the antepenultimate item in Adv.MS.22.3.4{/i}].

  (Fol. 170r) There was ane proces adwysit betwixt Alexander and James Homes breither [{i}corresponds to last item in Adv.MS.22.3.4{/i}].

  (Fol. 171r) Ther was certane strangeris that persewit certane burges men of Edinburgh [{i}corresponds to penultimate item in Adv.MS.22.3.4{/i}].

  [{i}End of MS Signet 34 compared to the present MS:{/i}].

  (Fol. 201r) The tennents of Edmestone persewed the E. of Morton for spoliation of certane goods and geir ... [{i}corresponds to MS Signet 34, fol. 104r, February 1583{/i}].

  The next three items also correspond to MS Signet 34, up to fol. 201v line 4, end of item: 'In the action persewed be the Ladie Lundie and Helen Gray, eftir that ... et haec est communis doctorum opinio, prout Bald. in l. unica, C. ibidem' [Baldus de Ubaldis, Commentary to Codex Justinianus].

  [{i}In MS Signet 34 there follows that manuscript's last item:{/i} Ther wes ane Cunynghame ... [{i}I have not found that item in Adv.MS.24.1.5{/i}].

  [{i}Items on fol. 203r of the present MS correspond to MS Laing III.429 fol. 285v (wrongly numbered 385v):{/i}] George Knowis v. Richard Irving [{i}dated March 1583{/i}].

  [{i}The last item of the MSS Laing III.429 and Adv.MS.24.1.4 corresponds to fol. 204v of the present MS, dated April 1584:{/i}] Thair was ane Bothvell that persewed the Bischop of Orkney to heir and sie ane decreit reduced ... space of 15 yeirs, animo remanendi, was be his lang absence repute and holdine [{i}here the text of the other MSS breaks off abruptly, whereas the text of the present MS continues:{/i}] deid, and his nixt brother laufullie servit and retourit air to him as if he had bein deid. ... [{i}not dated, but the preceding item is dated April 1584{/i}].

  There was one Maxwell that took to improve ... [{i}not dated{/i}].

  Decembris 1584. It was fund be the Lords that ane inhibitioun or interdiction raisit.

  There was ane Forrester.

  The waird and mariage of the Laird of Ernock was disponit to ane dochter of the Laird of Dalzell.

  There was one called Oswall.

  The Lord Gray walkned ane action againes the Constable of Dundie ... [{i}dated January 1584{/i}].

  Mr. David Chalmer.

  .

  (Fol. 236v) Ther was a woman that deceased in Edinburgh, called Dick, who being the spous of B. R. [{i}here dated March 1589. The item corresponds to undated item in Adv.MS.25.4.11 fol. 248r-v. Yet, the preceeding items there, and the item which follows there, do not correspond.{/i}].

  [{i}Last items:{/i}] The Lords of Session being chosen judges arbitratoris ar judges also of the execution of the decreit arbitrall. August 1591 [{i}read: 1592{/i}]. Ther was a submission of certane debeatis and quarrells betwixt the Laird of Culluthie on the ane pairt and the baron of Fingask, who mad a certane number of the Lords of Session, videlicet to everie pairtie ... The Lords repellit the declarator and fand the decreit arbitrall suld be registrat.

  Doubill arreistmentis being made of one thing and therefter eomprysing being deducit be him that last arreistit, he that hes laufullie comprysit will be preferred. October 1591 [{i}read: 1592{/i}]. There was ane Rosse who, being debtbund to one James Mowat servitor to Mr. Jon Nicolsone certane soumes of money be vertew of a registrat ... Nonulli in contraria fuerant opinione.

  Ane abay place comprehends all that is within the precinct. November. Mr. William Leslie comendator of the abbay of Newabay, alias Sweithart, wairnit certane tennents that occupyet certane zairds and crofts of land within the precinct of the abbay, to flitt and remove. It was exceptit that they wer tennents to one Jon Maxwell of Kirkennell, and he had taken assedation of the haill benefice except the place of the kirk and the garding, and the master not being wairnit, they ought not to flitt. Ansverit that in so far as the defenders alledget that the place was exceptit, all things that was within the precinct of the abbay behowit to be exceptit and appertaine to the place. Sik was fund be the Lords

Explicit:

• And so repellit the exception in respect of the answer. [{i}Remainder of page is left free{/i}]