Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Decisiones curiae supremae Scotiae - Practicks 1550-1577


Author(s):

  • Richard Maitland of Lethington

Decisiones curiae supremae Scotiae - Practicks 1550-1577 (enlarged version, 1550 - 1577/6/29).

[{i}A note at the beginning of the volume describes the contents as follows:{/i}] Follow the decisions collected by William Maitland of Lethington - secretar to quean Marie, and one of the Lords of the Session. Some rather attribute thir practiques to Sir Richard Maitland of Leidington father to the said William secretary, and who was also a Lord of the Session during all this tyme and both before and after it: and this seemes to be the truer opinion.

[{i}Penultimate item in part II:{/i}] In the actioune of warrand persewed be the Laird of Dunnypace against My Lord Ochiltrie ... 1565 [{i}corresponds to penultimate item in MS Edinburgh, UL, Laing III.429 on fol. 127v, this item lacks in the Orr MS{/i}].

[{i}Last item in part II:{/i}] In ane actioune of removeing be my Lord of St. Johne against Sinclair the Laird of Rosling's brother ... [{i}corresponds to last item in MS Laing III.429 on fol. 127v, this item lacks again in the Orr MS{/i}].

[{i}Erroneous remark:{/i}] Heir end the practiques of law practised before the Lords of Session and collected, gaddered and set furth be the Right Honourable Sir Richard Maitland of Ledington, knight and on[!] of the senators of the said Session. Nota, some ascrive thir practiques to William Maitland, sone to the said Sir Richard, and secretarie to Quean Mary: but it seimes to be a mistake. Sundrie books and copies of thir decisions come no farder then to the 12 [{i}corrected above the line to become 14{/i}] of Jully 1566, supra folio 43: so that it may be quaestioned whither the practiques following belong to Ledingtons or not ?.

[{i}The date 1566/7/12 appears in the original Adv.MS.31.2.2 (i) on top of fol. 67v, item nr. (261), followed by items nr. (262)-(263) further down on that same page, both dated 1566/7/13{/i}].

(Part III, fol. 1v-21r) [{i}Continuation of Maitland's Practicks, after skipping several items, due to loss of a quire in the ancestor MS Laing III.429. An 18th century note wrongly identifies this text as the beginning of Colville's Practicks. The writer of the note had probably seen MS Laing III.429, fol. 127v - which may well cause such error. The present MS derives from MS Laing III.429, either directly or indirectly.{/i}] 'The following collection of decisions are ascryved be some to Colvill Lord Culros ...' [{i}see the text here below{/i}].

[{i}Maitlands collection ends in the present MS with the item nr. 415 of the Orr MS, dated 1577/6/29.{/i}]


Author(s):

  • Richard Maitland of Lethington

No. of pages: Part II, fol. 1r-61v and part III, fol. 2r-21r