Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks (digest of decisions) , systematic, drawn from Alexander Gibson Lord Durie or Peter Wedderburn Lord Gosford.

This compend is preserved in four MSS which disagree about the identity of the re-arranger, and also about the original collector of the practicks.

Series of short abstracts from decisions, arranged under subject headings, fully anglicised. The text provides neither names of parties nor dates. Keywords were added in the margins by the trembling hand of an apparently old man. The collection consists of a main part and of a second part which was obviously meant to form a supplement. The main part ends with fol. 23. There follows a blank leaf 23a. Thereafter starts a series of supplements whose headings often repeat those of the preceding main part. Some more headings are interspersed, and the order of arrangement of headings is at times inverted

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Author(s): Thomas Nicolson of Carnock(?); John Nisbet Lord Dirleton(?)

No. of pages: Fol. 1r-46v

Incipit:

• [{i}First heading of the main part:{/i}] Minors and their tutors and curators
• [{i}First heading's first five abstracts:{/i}] A tack, sett by a minor with consent of his curators, of his dwelling place, will not defend in a removing that curator who possesses be tolerance of the taksman.

  A tutor is not bound to do diligence against a debtor non solvendo, he alledging non solvendo, bot the minor alledging the affirmative is preferred.

  Where the tutor's entertainment of the minor, for years after he made choise of his curators, is sustained, ane article of his tutor compts without a proces against the minor and his curators for the entertainment.

  A pursut against a minor in familia paterna for cloathes and other furnishing referred to his oath is not sustained, it being proven that the father was in use to furnish to the sone his necessars.

  The minor being infeft after Whitsonday on a precept of 'Clare constat', granted even after the expyring of the tutorie, the tutor alledging a right to the land in his owne person, yet cannot be heard to say the minor was not infeft before the terme.

  [{i}Next 22 headings in the section fol. 1-23:{/i}] Foolles and furious persons and their tutors and curators. Tacks and tolerances. Rentalls. Tenents. Teinds, parsonage and vicarage. Gleibs and manses. Patronage. Sasines. Possession, prescription, interruption. Exhibition and delivery ordinary and incident. Barons. Sherifs and other inferior judges. Improbations. Reversions, redemptions and declarators thereof. Reductions. Wadsets. Comprysings and poindings. Adjudications. Poinding of the ground. Removing. Contracts, bands and writs in generall. Assignations, discharges, procuratories.

  [{i}Rubrics of the supplement fol. 24 ss.:{/i}] Minors and their tutors and curators. Fooles, furious persons and their tutors and curators. Tackes and tolerances. Rentalls. Tenents. Teinds.

  Fol. 46a blank