Manuscripta juridica

Institutions of the law of Scotland (summaries and notes).

Written 1688/6/1 - 1688/8/31. The first book describes at length the sources of law: Corpus iuris civilis, Corpus iuris canonici. Municipal Law is either written = laws from King Malcolm McKenneth onward, Acts of Parliament, Acts of Sederunt, (page 19v-20r:) Regiam maiestatem etc., although Craig and Stair deny that these tracts have any force of law, overlooking the fact that Parliament considered them to be 'law' (James III, parliament 14, c. 115); or unwritten customary law: 'the tract of decisions' - which Stair said to be 'our common law' (book 1, title 1, paragraph 15) and ancient customs.

Quotes Corpus iuris civilis (e.g. fol. 21r). Maestertius, (Sedes) illustrium quaestionum (fol. 21v, 24v, often). Groenewegen, de leg(ibus) ab(rogatis) (fol. 21v). Vin(nius), e.g. 'Part. Aditus c. 4' (fol. 21v, 23r, often). Acts of Parliament (often). Stair (often). And individual decisions (seldom)

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Author(s):

• George Mackenzie of Rosehaugh

No. of pages: Fol. 1r-271v

Rubric: Opus Trimestre, or A Work of three Moneths, being an Analysis and Explication of Sir George McKeinzies Institutions of the Law of Scotland according to the second edition ... and may likewise be called Index Systematicus Jurisprudentiae Scoticanae

Incipit:

• Being resolved for my own instruction and exercice to make an essay at my leisure houris on these Institutions of our Law