Manuscripta juridica

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

Peculiar handwriting by one scribe on probably one type of paper, only. Neatly written, but one needs time to get used to this hand.

Although this MS ascribes the work to Sir Thomas Hope, its arrangement differs entirely from the one in the printed edition of Hope's "Major practicks", and the work also differs from the collection related to Hope in Edinburgh, NL Scotland, MS.2935. The material are gathered under keyword titles. The keywords, however, are neither grouped under a systematic arrangement nor under the alphabet. Their order (if any) appears to follow loose associations of ideas. These characteristics reminded me of the collection of material ascribed to Spottiswoode in Edinburgh, NL Scotland, Adv.MS.24.6.5 and 24.6.6. The wording of the keyword titles and largely also their arrangement correspond indeed to the latter two MSS. Several entries at the beginning also correspond: I made spot-checks. It appears, however, that the present MS leaves out entries and even entire keyword headings. I deem that the model MS from which the present MS and the other two MSS derive consisted of loose leaves whose arrangement could thus easily be changed.

Within each topic, the individual propositions of law bear a consecutive numbering in the inner margin. Many propositions do not indicate their source. Of those who do, most refer to decisions of the Court of Session, citing at the end only the date, while the parties' names may either be mentioned somewhere in the text or not at all. The latest date of decisions which caught my eye was 1639/2/1 (pag. 240). Furthermore the text refers to Craig's '{i}Jus feudale{/i}' and to chapters in the "Auld Lawis".

Many propositions of law are accompanied by abstracts in the outer margin, written in different handwriting whose character reminds me of the manner in which Sir Thomas Hope jotted down his notes in Edinburgh, NL Scotland, Adv.MS.6.2.5

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Author(s):

• Robert Spottiswoode

No. of pages: Pag. 1-298 (second series):

Rubric: Practickis and deceisiones of the Lordis of Sessione, collected and degested in titles be Schir Thomas Hope of Craighall, Knight, his Majesties Advocat

Incipit:

• [{i}First items:{/i}] Arreistment. 1 Ane actione persued to make arreisted guids.

  2 In a persuit to make arreisted guids.

  3 Arreistments of its owne natur will not stay.

  4 Nothing immovable may be arreisted.

  5 Anna Cowper persued the Ladie Hattone younger.

  [{i}Headings of topics:{/i}] Arreistment. Poynding. Compriseing. Transumpt. Procurators, actorneys. Summonds and lybell. Incident diligence. Restitutio in integrum. Escheat and lyfrent. Confirmatione of kirklands and their infeftmentes. Minors and pupilles, tutores and curatores. De presumptione et usucapione. Warrandice. Bastardrie. Legittimation. Breives, retoures, services. De servitutibus. Regalitie. Patronatus. Improbation. Reduction. Exceptiones in a reduction contra the production. Exceptiones contra the reductione. Exhibitione and delyverie of wreites. Redemption. The order of reversione is this. Interdictione. Father and sone. Communia actionum. Annuelrents. Releiffe. Mines. Woodes. Successores and successione. Universall intromettores. Suspension. Rei vindicatio. Compensatione. Balliarie. De acquirendo et amittendo rerum dominio. Fiscus. Forfaltour. Wreites and evidents. Word and promeis. Tailzies. Arbiters. Custome off barronies, brughes, etc. etc. Milnes and multures. Divortment. Marriage. Interesse. Renuntiatione. Horneing. Charge and requisitione. Non-entrie. Entrie to land. Recognitione. Executores. Airs and airshipe. Testaments. Depositum. Legacies. Conqueist. Vassalles. Morgagium. Pignus. Assignatione and intimatione thairof. Shawing of halding. Emphyteusis. Contracts and obligationes. Wards. Fewis. Teinds. Rentall. Takes and assedationes. Cautione. Debitores and creditores. Husbande and wiffe. Terce. Deforcement. Forisfamiliatione. Productione of wreites. Inhibitione. Disclamatione. Baratrie. Spoliatione and ejectione. Contravention of lawborrowes. Letters conforme. Mortifications. Conjunctfie and lyfrent. Curialitas. Proveing the tenor off evidentes. Possessione and pensione. Regress. Unione.

  [{i}Last items:{/i}] Regress. 1 Regress is ane evident by the quhich the superior bindes and obleists himselffe to his vassall.

  2 Wheir landes ar annallied.

  Unione: vide n. 22, usucaptione(?) of narrowe(?) brughe