Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1573-1592: (1577/7/4 - 1584/4) .

[{i}This part of the MS and some quotations of Jus Commune in it are analysed in a note on fol. 1r (by Lord Fountainhall?) as follows:{/i}] The following collection of decisions are ascryved be some to Colvill Lord Culros, which is more probable then to affirme they are Weymes Lord Myrecairnies Practiques, de quo vide plura alibi [{i}this could mean Andrew Wemyss called Myrcairnie, ordinary senator 1591/11/26, or James Colvill of Easter Wemyss, appointed 1532/5/25, or Thomas Wemyss, appointed 1543/2/13 - see MS Aberdeen, UL, 143{/i}]. See thir decisions cited by my Lord Fuird MacGill [{i}Robert MacGill Lord Foord, Decisions 1649-1650{/i}] in his collection of Practiques 18 Decembris 1649 - Lord Balmanno and Chapman contra Litlejohn.

After the 21 leiff [{i}= part III fol. 21, thus after the start of Colville's Practicks{/i}], each decision almost is backed with prooffes cited from the Roman and Canon law and the Doctors, and he frequently appeales to Joannes de Ferrariis his Praxis aurea Papiensis; and Spigelius folio 30, 75, 69, 58; and Conradus Lagus folio 49; Joannes Imbertus fol. 45 and infinite other lawyers. Gomesius folio 96. Alciatus. Folio 3 he mentions on[!] Simmeus Advocatus doctissimus. See also folio 84.

He names sundry of the Lords of the Session that ware then judges when he was a senator, as C. Liftenhall, Segie, Mr. Robert Pont, Abbot of Newbotle, Commendator of Dumfermeling, president Provand: foliis 48, 50, 58, 63, 83, 85.

Pious(?): folio 41 he thinks 'Sana ratio suadet that a promise of payment should be probable be witnesses'.

Folio 82 it bears King James was present, sitting with the Lords. Item folio 102, 104.

Folio 83 he mentions Mr. John Sharp the Advocat and calls him 'et nomine et re acutus'.

In some decisions he observes the Lords ware unanimous, but he tells us, it very rarely fell out. Vide folio 80, 89.

In other places, after setting doune of the interlocutor, he ads sometymes: 'Sed paucus erat dominorum numerus'. Et alibi he sayes frequently: 'Sed bona et sanior dominorum pars in contraria fuerunt opinione', wheirof himselfe was on, which he expresses by naming himselfe first: 'Ego et Segie' etc., which the propriety of Latin constrained him to. Vide foliis 78, 91, 57, 51, 49, 45, 34, 35, 30, 92, 93, 98, 104, 108, 29, 41, 44, 65, 100, 52.

That priors and prioresses ought to give a confession of their faith under the pain of deprivation, see infra, folio 14.

Anent the toune of Inverkeithings chartors, fol. 28.

They refuse to sustain proces at Montgommery at Bischop of Glasgows instance (tho the King desired them), because he was excommunicat be the leading party of the church then, fol. 71.

The buyers of piratick good are decerned to restore, folio 103.

A brugh may oblidge the wholle indwellers, folio 33.

Folio 33: clients habent dies fatales with the Lords of Session

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Author(s):

• Alexander Colville commendator of Culross

No. of pages: Part III fol. 21r-108v

Incipit:

• [{i}First item:{/i}] There was ane called N. Douglas ... [{i}= the normal beginning of Colville's Practicks, here not dated{/i}].

  [{i}Last item:{/i}] James Murray as made the assigney to the reversione of certain lands of the living of Polmais, apprysed be the Lord of Drumquhassels.

  [{i}Text breaks off:{/i}] ... and holden as confest. Finis. [{i}Same abrupt ending as in MS Laing III.429 and several other MSS, breaking off in the middle of a phrase. Here the scrivener added the words 'as confest' - in an attempt to give a sense to the abrupt ending - just as in Adv.MS.24.1.4. Both MSS are thus related to each other.{/i}]