Manuscripta juridica

Institutions of the law of Scotland, compend .

No mention of an author. Text in English, but the author often lapses into Latin. Written in same handwriting as pag. 1-111. Old pagination in ink re-starts from 1, but ceases with page 9. Refers to many statutes, and to judicial precedent mainly from the second half of the 17th century. The latest year dates which caught my eye were 1681 (pag. 120) and 1685 (pag. 144)

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Author(s):

• James Dalrymple later 1st Viscount Stair

No. of pages: Pag. 117-216

Rubric: A compend of the laws and practique of Scotland in civill caces

Incipit:

• Title first. Of law in generall, and the lawes of this kingdome. The law of nature is the dictate of reason, determineing every rationall being to what is convenient for its nature and constitution. This law is in the understanding, and the inclination of the will to follow these dictates is called 'justice'. This law is also called 'conscience', and written in the heart of man, and 'equitie' from the equalitie it keeps in all persons.

  [{i}Further chapter headings:{/i}] 2 Of libertie. 3 Of obligations in generall. 4 Of conjugall obligations. 5 Of the obligations of tutors, curators, pupills, minors, and persons interdicted. 7 Of restitution. 8 Of recompense. 9 Of reparation, and of delinquences and damnadge thence arising. 10 Of obligations by contract, promise or paction and of severall sorts of contracts. 11 Of liberation from obligations. 12 Of reall and heretable rights, of community, possession, propertie, servitudes and pledges. 13 Of infeftments of the propertie. 14 Of superiority and its casualties. 15 Of annuall rents, pensions and poinding of the ground. 16 Of liferents, conjunctfies, teirces and liferents of the courtisie of Scotland. 17 Of servitudes reall. ... [{i}last title:{/i}] 31 vitious intromissione

Explicit:

• Vitious intromission is excluded by these who acquire by way of commerce bona fide for a just price, but if there be collusione or fraud, it is otherways