Manuscripta juridica

Ius proprium Scotiae - Registers of Secret Council 1546-1602: (extracts, mentioning many litigations between parties) .

Largely in chronological order, but not fully. These extracts were made by the 1st Earl of Haddington. Some fill gaps in the extant volumes of the Register and were thus printed in RPC vol. 14.{i}Mentioned in the Guide to the National Archives of Scotland{/i}, Edinburgh 1996, pag. 22. An earlier series of extracts is in Edinburgh, NR Scotland, PC15/1, covering 1545/9.

Many litigations. They are started by means of a 'complaint' to the king and the Secret Council. Most pursuers try to obtain a declaration of the Council that a particular document which went out under the Signet or under the Privy Seal shall be declared void.

Sample, fol. 209v-210r:

[{i}Summary in the margin, by another hand:{/i}] Lettres of relaxation decerned to have bene privatlie and sinisterlie purchased and to have bene null from the beginning, and the lettres of horning and denunciation to have bene and to be sufficient, notwithstanding thairof.

[{i}Text:{/i}] Timothie Cagmolie contra Tutour of Cassillis, penult. Apr. 1586. Annent the complene maid to our soverane Lord and Lordis of Secreit Counsall be Timothie Cagmoli, makand mention that, quhair wmquhill Gilber(t) Erll of Cassilis, guidschir to Johne new Erll of Cassills, being furneist in his tyme be the said Timothie to his greit honour and advancement in the partis of France wpone his obligatioune to the sowme of sex thowsand sevin hundreth and tuentie poundis Scottis money, conteint in his obligatioune maid thairwpone, quha deceissand non satisfeand, lyk as wmquhill Gilbert Erll of Cassills, his sone and air, deceyssand alsua nocht satisfeand his fathers obligatioune, the said Timothie wes forceit at lenth to persew the ordour of law aganes the said Johne new Erll of Cassillis, and Thomas Kennedy of Culzear his tutour for his enteres, befoir the Lords of Sessioun. And obtenit befor thame ane decreit of translatioun of the said first obligatioune in the present Erlle and his tutour, passive, with lettres in the four formes thairupone.

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He at lenth could do no less bot to use the ordour of the law, and caussit denunce thame rebells and put thame to his majesties horne ... Bot thay taking na regard thairof.

And the said tutour, for the first efter he wes denuncit, he interpryssit ane new sassoune of delay, that, give ony simpille man had interpryssit the lyk, it had bene the danger and hassard of his lyff. To wit, the said tutour causit ane man cum to the said Thimoties duelling place in Edinburgh, not being ane messinger nor officer of armes, as the copie quhilk he lest thair beirs, and summond him to hawe compeirit the sevint day of Januar befoir the saids Lords of Sessioun in the lxxiiii. zeir of God, to hawe hard his lettres suspendit, and suspendand the same in the meane tyme to ane certane day thairefter, as give it had bene ane letter past be the ordour and delyverance of the Lords of Sessioun, sua that the said Timothie, being ane simples man and nothing of better jugment in thar caussis, thocht the letter had bene ordourlie past, and thairwpone resistit, quher(?)as thay delayit to gett the same callit be the copie. And being callit at sundrie dietis, the said tutour and his procuratour compeirand, thay maid defence in the caus being callit upoun the said Timotheis copy as gif thay had ane principale lettre, quhilk wes nocht, albeit affirmeit in sa far as thai maid defence being callit upoun the copy, bot verie unhonestlie and inordourlie devysit as said is.

The said tutour hes be craft in other(?) ane sinister and wrang informatioun obtenit ane lettre of his maiestie under his subscriptioun and signet, for relaxing of the said Erle, and him as his tutour, fra all horningis led upoun thame at the instance of quhatsoever personis, for ony debt or causses contractit of befoir simpliciter.

The ressonis and alligationis of baith the saids parteis, togidder with the saids lettres of relaxatioun being haid, sene and consederit be the saids Lords, and thay ryplie avisit thairwith, the Lordis of Secreit Counsale suspendis and dischairgis the saids lettres of relaxatioun simpliciter, as alsua declairis and decernis the same to have bene fra the begyning and to be in all tyme cumming null and of nane availl, force nor effect in iugement nor outwith. And the saids lettres of horning and captioun, quhilkis the said Timothie hes agains the said Thomas to have als sufficient effect and executioun agains the said Erle and him and his tutour as gif the saids lettres of relaxatioun had never bene grantit. Becaus the samyn lettres of relaxatioun wer privilie and sinisterlie purchest [C.1.23.7; C.1.22] aganis the actes of Parliament and lawis of this realme, to the hinderance of iustice, lyk as wes cleirlie understand to the saids Lordis.

(Fol. 243v-244r) [{i}Summary in the margin, by another hand:{/i}] The Counsall fundis themselfis not to be juges to the reduction of ane respit. [{i}Text:{/i}] 28 Octobris 1591. Erll of Erroll and Lord Zester contra Blak John Hering. Anent oure soverane Lords lettres raisit at the instance of Francis Cheif, James Ledhar of Zester and William Har of Gourdie ... the said complenaris offerit thame reddie to have persewit iustice, gif thay could have had ony certaintie to have the same minstrat wnto thame as of the tyme thay had sum occasioun of dait ... zet wpon the saides partenares supplicatioun presentit to Counsall to quhome his maiestie committit the government of the effairis of this realme in his absence, thay obteinit ane comfortable causs and deliverance commandit the thesaurare and thesaurare deputt to make thame providit of the gifts of escheittis of sic personis as sould pas to the horne for the said slauchter according to his maiesties expres will and command maid be act(?) and publissit at his departour to Denmark.

(Fol. 273v) Sederunt of Secret Council, in presence of the king, 1596/1/6: Earls of Lennox, Hamilton, Argyle, Crawford, Montrose, Mar; Lords Home, Seton, Hereis, Semple, Ochiltrie, Sanquhair, Sinclair, Urquhart; Masters de Gray, de Paislay, Newbottle; Treasurer, Secretary; commendataries of Holyroodhouse, Kinlos, Lundoris, Dunkeld, Pittenweems ... etc. etc

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No. of pages: Fol. 110v-311r