Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1592-1624: (1610-1624) .

New fascicle, different handwriting. No headings. The items are dated at the end. Tiny handwriting, therefore difficult to read. This text of Haddington's Practicks was copied in wrong chronological order. One younger MS, Adv.MS.24.1.8, has the same wrong order. I thus assume that it derives from the present MS.

[{i}First items, starting 1613/5:{/i}] In ane persute for the Laird of Scottmelenchis wyffis escheit for putting of violent handis in hir selfe, the Lordis fand, the donator had rycht to the tua pairt of the husbandis gudis without any defalcatioun of the debtis auchtand be the husband.

[{i}1613/12{/i}] The Lord Elphingstoun chargit the Laird of Gleneggie upon generall lettres conforme to ane tak of the teindis of the parochin of Kilmarannok ... the Lordis fand relevant.

In ane speciall declarator Gordoun contrair Gordoun the Lordis fand that ane rebell for ane slaughter, being fugitive and furth of the countrie, summondit at his duelling hous, was sufficient as if he needed not be summondit to the speciall declarator, whom agains the generall declarator was obtainit.

[{i}1614/1{/i}] The Lordis fand in the same actioun that ane assignatioun and intimatioun thairof made be ane rebell for ane cryme befor the rebellioun, since the committing of the cryme, was null, albeit the rebell was debtor to the assignay long befor the cryme. And siklyk fand that the assignatioun made befor the cryme was not sufficient, except intimatioun in lyk maner had bein made befor the cryme.

[1614/1/26] And fand that payment made to this assignay be the rebellis debtor was not to be allowed, suppose he was chargit with horning at the assignayis instance.

It was decydit anent ane comprysing of Samuel Blaikburnes land.

[{i}1614/2/2{/i}] In ane reductioun and improbatioun of ane horning, the Lords fand that the productioun of the extract was sufficient to the Kingis donator. Forbes contrair Setoun.

[{i}1614/2/2{/i}] In ane actioun of reductioun of ane horning at the Laird of Drumlanrigs instance agains the Kingis Advocat, becaus the rebell had fund cautioun of lawborrowis befor the denunciatioun for the quhilk he was charged ... 4000 merks as for the les soume. The Laird of Drumlanrig contrair the Kingis Thesaurer.

[{i}1614/2/18{/i}] In ane actioun of recognitioun of the Laird of Lethindie his land, persewit be the Laird of Lugtoun, donatour of the recognitioun, the Lords admittit certaine creditors of Lethindie for thair entres ... repellit the alledgeance aforsaid.

[{i}1614/2/25{/i}] In ane actioun of reductioun of ane horning, persewit be Alexander Forbes of Fingask agains Mr. George Setoun, upon ane reall offer made to the partie charger of the haill soumes ... could not putt the persewer in mora to mak him rebell. Forbes contrair Setoun.

[{i}1614/2/25{/i}] In ane actioun persewit at the Laird of Cleish his instance as sucessor in rem to the lands and mylne of Cleish to Robert Colvill of Hiltoun his predicessor agains Mr. Johne Lyndsay heritor of the lands of Dowhill ... executioun directit thairupon.

[{i}1614/7/21{/i}] In ane actioun of removing, persewit be James Baillie agains George Purves tennent of the West Barnis ... the defenders alledgeance.

Therefter compeirit zoung Purves his author and producit his infeftment ... in acceptatioun of ane tak.

[{i}1614/7/22{/i}] Controvertitur whither if the Bishop of Saint Androis sould have the confirmatioun of the Bishop of Murrayis wyffis testament.

Johne Nasmythie air callit for transferring of ane band ... to be heretabill.

In ane actioun of recognitioun, persewit at the instance of Adam Rae, donatour of the recognitioun of the landis of Kellie ... fand the exceptioun relevant.

[{i}1615/12/8{/i}] In ane speciall declarator of the escheit and lyfrent of umquile Cristian Herring, spous to David Littill, persewit at the instance of James Douglas agains Sir Alexander Napier ... for satisfactioun of the charge.

[{i}Two items in between. Then 1616/1, and thereafter 1616/1/23, 1616/1/25; one item in between, then 1616/2/1:{/i}] James Dalzell persewit the Lady Mathestanes(?).

[{i}Two items in between. Then 1616/2/7:{/i}] Doctor Killoch arreistit thrie oxen perteining to his debtor.

[{i}1616/3/15{/i}] Bishop of Galloway as deane of the Chappell Royall ... et sic triennalis possessio erat loco tituli.

[{i}1619/2/16{/i}] In ane actioun of reductioun persewit be Johne Murray of Lochmaven agains the Laird of Lochinvar.

[{i}Fourteen items in between, all from 1619. Then 1620/1/17:{/i}] The Lords sustainit the exceptioun of prescriptioun agains a band 40 zeires old and above.

[{i}1620/2/29{/i}] Ane declarator of redemption was persewit at the instance of George Campbell of Casnok.

[{i}Six items in between. Then 1621/11/13:{/i}] Sir Thomas Houp procuratour for James Houp his brother agains the sisters of William Mureheid.

[{i}Two items in between. Then 1622/3/2:{/i}] Executour of umquhile John Fairlie agains the defunctis creditors.

[{i}Fol. 144r, dates jump to 1623/7/5:{/i}] Robert Kerkwod agains John Belshis.

[{i}Thereafter the text returns to 1622/11/14, and there follow many items of Nov. 1622 and Dec. 1622.{/i}].

[{i}Fol. 148r, January 1623. Fol. 153r still March 1623. The text then jumps to 1623/6/5, continues in June, then July. On fol. 157v jumps to November, then December.{/i}]{i}{/i}.

{i} [Fol. 160v, January 1624. The dates gradually ascend to July (fol. 173r). On fol. 173v the text jumps to November 1624. The last item of this series ends on fol. 174r line 34, dated 1624/11/18:{/i}] Doctor Kincaid persewit James Halyburtoun.

[{i}Thereafter, without any change of hands or other change, there follow items of 1610, starting with 1610/6:{/i}] The Lords fand in a declarator that the horning could not be alledgit to be null be way of exceptioun becaus the soume quhairfor the pairtie was denunced was payit befor the denunciatioun, but that it behoved to be reduced.

[{i}1610/6/15{/i}] In ane actioun of violent profites persewit be the Laird of Balnagowne agains Hector Monro.

[{i}1610/6/29{/i}] Davidsone contrair McCubine.

[{i}1610/7/3{/i}] Lilias Porterfeild relict of James Somervell persewit hir husbandis executour ... [{i}this woman was party in many litigations{/i}].

[{i}More items of July 1610. On fol. 174v, the text jumps to November 1610 and then to February 1611. Fol. 178r: January 1612. On fol. 179r last item 1612/7/15:{/i}] Mr. Joseph Haddon agains the Laird of Sanchie ... [{i}The text then jumps to 1619/7/9:{/i}] Actor Nicolsone Hope ... [{i}thereafter the text proceeds to 1620, on fol. 181v proceeds to 1621.{/i}].

[{i}Last four items, starting with 1621/3:{/i}] In ane actioun betuix Dunlop and Dunlop, the Lordis fand that ane tak could not be disponed be ane man upon his deid bed in preiudice of the air.

[{i}1621{/i}] In ane actioun betuix ane Ramsay and Ramsay, the Lordis fand ane band, subscryvit be the cautioner quhom the principall wes bund to receive, was null becaus the principall subscryvit not the same.

[{i}1621/6/13{/i}] In ane transferring, persewit be the Erle of Louthiane agains the Laird of Traquair, of ane decreit gevin at the instance of the Erlis father agains the Laird of Traquair, his gudschir, finding the Laird of Traquair his gudschir to have done wrong be casting.

In ane actioun at ane Park his instance to mak arreisted gudis furth cummand, perteining to Walter Finlay, compeirit Patrik Finlay brother to Walter defender in the cause and alledgit he could not be haldin to mak the arreisted gudis furth cummand, becaus befor the arreistment, videlicet the 9 day of Apryle, thay were disponed to him be his brother for payment of trew and lawfull debtis awin be the said Walter to him. Quhilk he qualified by writt. The Lordis fand the assignatioun null, inter conjunctas personas, sua neir the flight, becaus Walter fled the morne thairefter. And the ... upon

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Author(s):

• Thomas Hamilton later 1st Earl of Haddington

No. of pages: Fol. 142r-181v

Explicit:

• obligatioun buir ane older dait then it wes confessed to be made upon