| LOCATION | Edinburgh, NL Scotland |
| MANUSCRIPT | Edinburgh, NL Scotland, Adv.MS.24.2.4b |
| ITEM No. 2 | Ius proprium Scotiae - Practicks (general digest of law, systematic) |
Ius proprium Scotiae - Practicks (general digest of law, systematic)
Author(s):
Ius proprium Scotiae - Practicks (general digest of law, systematic) .
The scrivener informs us that he finished his task in 1593. He cannot have begun his task before 1589, because he used paper which was earliest produced in that year. In 1589 King James VI married Princess Anna, daughter of King Frederik II of Danmark. The marriage contract was ratified by Parliament 1592/6/5.
Very neatly written. Only the first eight titles are numbered, although in the preceding index all titles are numbered . Headings for the individual chapters are written in the left margins, in the same colour of ink and character of handwriting as the main text. Most of them correspond to those in the printed edition. Each title and each title's first paragraph start with an enlarged letter, decorated in ink, and so do many other paragraphs. The chapters within each title are consecutively numbered, in much lighter ink and thus probably by a later hand. In many titles (e.g. Border laws) this scrivener felt not sure about which propositions of law belonged together to form one chapter. So he just wrote 'cap.' at the beginning of each new paragraph, and did not supply any number. In several of these cases, a later user of the volume has then added chapter numbers - maybe according to his own whim.
Quotations from Acts of Parliament:
Whereas the printed edition ceases on pag. 131 to supply details of Acts of Parliament (title 'Of beggars', corresponding to fol. 85v in this MS), and from there onward merely provides the pertinent king's name and the folio in printed editions of Acts and short headings (which largely match headings in the margin of this MS), the scrivener of the present MS, as a matter of principle, keeps supplying full information about Acts of Parliament up to the chapters 20-25 in the title 'Bordour lawis' (fol. 250v), which folio corresponds to pag. 594 of the printed edition. At times, however, the scrivener lost his temper and shortened Acts of Parliament beforehand, at fol. 146 = pag. 264 (title 'Anent the Parliament'), at fol. 183 = pag. 369 (title 'Of Notaris'), at fol. 199v ss. = pag. 418 ss. (title 'Anent brevis and retouris', c. 6, 11-12, 16, 71 [strangely enough, the printed edition provides here a full text, and is thus longer!], 84).
The present MS transposes the title 'Of purpresture' to fol. 204 = after the text on pag. 433 of the printed edition, c. 67, before the title 'The breve of idiotry' (- as also some other MSS do).
[{i}Late dates which caught my eye:{/i}].
[{i}Fol. 71r, title 'Husband and wife', c. 5:{/i}] 3 Junii 1596 Issobell Lauder contra Johne Myretoun, i. T. c. 92 - should probably be 1496.
[{i}Fol.83r, title 'Curators', c. 7, ends with date 14 Janu. 1585, corrected to read 10. December 1585:{/i}] The King contra Archibald Levingstoun [{i}thus not a statute, but rather a judicial precedent{/i}]; 1523/2/17 Patrik Hepburne contra Johne Hepburne, pri. t. c. 248.
[{i}Fol. 146r, title 'Non-entres', c. 29:{/i}] 17. Julii 1594 The Lord Fleming sone contra N. Diksoun of Ormistoun, 2 t. c. 199.
[{i}Incipit of main text, fol. 31r:{/i}] Of the law .... [{i}normal{/i}].
[{i}Last titles:{/i}] (fol. 244v) The Chalmerlane air [{i}29 chapters{/i}].
(Fol. 249r) Bordour lawis [{i}heading of title added by the hand which wrote the chapter numbers{/i}].
Spot check to compare the title 'Bordour lawis' in the present MS to the printed edition:
[{i}Between the printed edition's chapters 27 and 28, the manuscript inserts yet another chapter:{/i}] The pane of thame that bydis fra the kingis (erst?). Jac. 3 fol. 69 pag. 2 sect. 29. [{i}Edition of statutes 1566 fol. 69 does not correspond. Edition 1597 has a statute by James III, punishing those who bring a case to the Lords of Council and Session while it should rather be dealt with at the pertinent lower court - but it is numbered 105, and not 29. The chapter is also missing in Adv.MS.24.2.4 which I suspect to have been the source of the printed edition.{/i}].
[{i}Chapters corresponding to c. 38-39 of the printed edition, with one additional reference:{/i}] That ilk scheref within his awin dwtie mak wappinschawing four tymes zeirly, according to the actis of Parliament maid be Jac. 4 fol. 92 act 53, 18 Maii 1491; Jac. 1 fol. 10 act 67, 11 Mart. 1425 [{i}this additional reference is correct{/i}]; Jac. pri. fol. 7 act 48, 12 Mart. 1424; Jac. 2 fol. 40 act 71, 6 Mart. 1457.
[{i}Additional entry between chapters corresponding to c. 48 and 49 of the printed edition:{/i}] Of speiris and thair lenth and of jakis. Jac. 3 fol. 65 act 98, 2. April 1481. [{i}The chapter is also missing in Adv.MS.24.2.4. The present MS and the edition and Adv.MS.24.2.4 have a similar provision in chapter 44, Jac. 3 fol. 56 act 56, 6 Maii 1471. It may be that the text was thus thought to be redundant.{/i}].
[{i}Different numbering in chapter corresponding to c. 54 of the printed edition:{/i}] i. t. 1544 [{i}printed edition has 1144. Adv.MS.24.2.4 has 1544{/i}].
[{i}The printed edition's heading for its intermediate title 'Bordour matteris' is lacking. The manuscript just goes ahead as if no new title had started.{/i}].
The text corresponding to chapters 9-12 of 'Bordour matteris' differs from the printed edition. Between chapters 9 and 10, the manuscript erroneously inserts a statute on taxation and two pertinent decisions which all three appear in the printed edition at p. 613-614 - with slight variants in wording.
[{i}Chapter 10 corresponds, but chapter 11 has variants in order of arrangement and dates, and is in part more detailed in citing the edited Acts:{/i}] Anent the ward, releif and mariage of the aires of thame that dies in the host. Mar. fol. 146 pag. 1 [{i}quotation is correct{/i}]{i} sect. {/i}[{i}ink blot{/i}] 8 Septemb. 1545 [{i}edition has '1547', which is exact{/i}]; Jac. 4 fol. 110 pag. 2 in prin(cipio)1 [{i}exact. Edition has 'act 138, 24 Aug. 1513' instead, which is also exact{/i}]; Jac. 2 [{i}wrong, instead of{/i}5] fol. 112 act 3, [{i}edition inserts: '24 Julii', which is exact{/i}] 1522; and this act Jac. 6 fol. [{i}blank space{/i}] act 12, 28 Aug. 1571 [{i}edition has 'Jac. 6 fol. 5 act 11, 12, 13, 7 September 1571, and the folio number does not correspond{/i}].
(Fol. 258r) The title 'Of bourdour matteris' ends without the printed edition's subscription 'Acta erant haec ...'.
[{i}There follows the title 'Schiplawis' (fol. 258r-269v), styled to be a separate book ('liber'):{/i}] Schiplawis, collectit furth of the Actis of Parliament, the practikis, the lawis of Alleroun and lawis of Wisbie, and the constitutionis of François king of France etc. annis 1543, 1557. Liber.
(Fol. 264v) Anent ferriaris [{i}= printed edition p. 628, chapter 67. References differ in order of arrangement and in detail. The same applies to chapter 68 which is in the present MS divided into three separate chapters. The text of chapters 69-82 of the printed edition is also found in the present MS, but its division into chapters does not correspond. However, chapters 83-129 and the appended text of the peace treaty with England all correspond to the present MS. Thereafter, the present MS adds a reference to an Act of Parliament dealing with Scottish nationals living in the Northern Netherlands - which became independent from Spain before the turn of the century:{/i}] (fol. 269v) Anent Scottismen using the privilege of uther nations in the Law Cuntreis under the king of Spaines dominioun. Jac. 6 fol. 16 act 32, 20 October 1579. [{i}The reference is exact, but the folio in the printed edition of the Acts is fol. 19. Perhaps folio numbers in the original register are meant, or numbers in the draft manuscript from which the Acts were printed. The pertinent chapter lacks in Adv.MS.24.2.4, but it is present in Adv.MS.24.2.3 volume 3 pag. 756{/i}].
(Fol. 269v-273v) The ordoure of the Chancelarie [{i}At least the beginning and end of the text correspond to the printed edition, p. 644-655{/i}].
(Fol. 273v-276r) Followis the lawis maid be certane kingis of Scotland ... [{i}At least the beginning and the end correspond to the printed edition, p. 677-684. Some text passages contain more detail, e.g. chapter 5 (fol. 274r):{/i}] Item the Lord of the ground sall have the maidinheid and first nichtis lair of all maidinis and virginis duelland on the ground.
(Fol. 276r-278v) Instructionis to the Commissaris of Edinburgh ... as concernis thair part thairof. Subscryvit be our Soverane Lady at [{i}blank space{/i}] the [{i}blank space{/i}] day off [{i}blank space{/i}], the zeir of God i.m. v.c. lxiii. zeiris, etc. [{i}p. 661-662 of the printed edition, which transposes this text after the Order of Chancery and adds further instructions and statutes 1563-1610, p. 662-677{/i}]
Author(s):
No. of pages: Fol. 30r-278v