Manuscripta juridica

Ius proprium Scotiae - Practicks (general digest of law, systematic) .

Written by two different scribes. The handwriting up to fol. 295v shows traits which were common in the early decades of the 17th century, and already in the last years of the 16th century. This corresponds to the watermarks: paper of this type was commonly used around 1600 and shortly after.

Fol. 296r-322r, in contrast, from title 110 'The breiff of divisioun' onward (corresponding to pag. 440 of the printed edition), are written on much younger paper in a much younger style, resembling the handwriting on the leaves numbered ii.-ix. Yet, several different types of paper were used, and none shows the same watermark as in fol. ii-ix. The scribe who penned the text on fol. 296r-322r also supplied numbers to the entire text, from fol. 1r to 322r, and he supplied some of the chapter numbers which the previous scribe had omitted. The fact that this second scribe also continued to write fol. 322r-332v (on which bishops are mentioned) makes it probable that he wrote in a time span when the church was governed by bishops, and excommunication by them was again respected.

Many texts are left out and the order of arrangement is disturbed after the title 'Expenses of pley' (here numbered 100, in the printed edition also the hundreth title, at p. 404). It may be assumed that the model manuscript, from which the scribe copied, consisted of loose quires or even loose sheets which could easily get in disorder. Fol. 296-322 which were only penned in the late 17th century (as mentioned above) show that their scribe was mainly interested in judicial precedent: he left out most of the other material. Furthermore, his references to the 'Registrum Scotiae' quite frequently differ from those in the printed edition. The same fact that this scrivener was mainly interested in decisions may also explain why he broke off after the title 'Of the justice air' and omitted the text of pages 574-684 of the printed edition.

Acts of Parliament: Balfour's abstracts of Acts are reduced to mere references to printed editions of statutes, and even sooner than in the printed edition, namely already from fol. 6r onward = cap. 2 'Anent the kingis aithe to be gewin at his coronatioun' (corresponding to page 7 of the printed edition).

[{i}Preface, expressly mentioning King David:{/i}] It becumis the kingis maiestie nocht onelie to be decoirit with armis ... Concerning the lawis of this realme ... help of the reideris of our soverane Lord King David ... and pepill of his realme

---

Author(s):

• James Balfour of Pittendreich

No. of pages: Fol. 1r-322r

Incipit:

• Off the laws. Tit. 1. The divisioune of the law. The law is devydit in thrie pairtis.

  [{i}Irregular arrangement fol. 296 ss.:{/i}] 103 De actionibus civilibus. 104 Of brevis and retouris [{i}from here onward, the numbering of titles differs from the printed edition of 1754{/i}]. 105 Off the breve of mortancestrie or inqueist. 106 Off purprestur [{i}should be 105{/i}]. 107 The breve of idiotrie. 108 Off perambulatioun. 109 Breiff of lyning. 110 The breiff of divisioun. 111 Redemption of lands. [{i}From{/i} 'Advocation and patronage of kirks'{i}onward the arrangement corresponds to the printed edition, but numbering is always five numbers too high{/i}]. 126 Of assythment [{i}should be 127, thus six titles skipped{/i}]. 127 Of lawborrowis [{i}should be 128{/i}]. 128 Of falset [{i}should be 130{/i}]. 129 Of huirds and treasures. 130 Adultery [{i}should be 131{/i}]. 131 Of games and pastimes. 132 Of mureburne [{i}should be 135{/i}]. 133 Of swearers [{i}should be 136?{/i}]. 134 Of arreistment [{i}should be 149{/i}]. 135 Of deforcement [{i}should be 150{/i}]. 136 Of forfaultour [{i}should be 159{/i}]. 137 Of cursing [{i}should be 160{/i}]. 138 Of horning [{i}should be 158{/i}]. 139 Of escheitis [{i}should be 157{/i}]. 140 (= fol. 319v) Miscellanea (= nightwalkers) [{i}should be 137{/i}], harbouring of strangers [138], wanting ane master [139], perjurie, usure [140], convocation of the Kingis leiges [141], imprisonment of others [143], sornars [145], husbandrie, guilld, sawing and labouring [146], leasing makers [148], haymsucken [151]. 141 Communia iudiciorum criminalium [{i}should be 155{/i}]. 142 Of thift [{i}should be 132{/i}]. 143 Of treason or lese majestie [{i}should be 122{/i}]. 143a Of fisching [{i}should be 154{/i}]. 144 Of the justice air [{i}should be 161, at fol. 322r{/i}].

  [{i}From here onward, the scribe only copied judicial precedents, thus only chapters 24 and 39 (= pag. 574 of the printed edition). Thereafter the scribe just added a survey of topics contained in the rest of the work, and ended his task:{/i}] Of hunting and haulking: vide Regiam maiestatem and Acts of Parliament, swa 'Of injurie', 'The kings peace', 'Chalmerlane air', 'Ravishing of women', 'Criminall causes', 'Accusation', etc