Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1592-1624: (1609/11/25 - 1611/7/11) , selected abstracts.

Written by a different hand. Not easy to read. The text (whose decisions bear no dates) corresponds to the one in Adv.MS.24.1.4 and in MS Laing III.429 fol. 288 ss. - where the decisions are dated.

A list of propositions of law, shortly summarized from judicial decisions. Usually no legal reasons are given - with only few exceptions. For instance, in fol. 135r a rule of {i}Jus Commune{/i} is quoted:

'Bona fides will save a man in damno vitando, sed non in lucro captando. So although ane person be possesst autore praetore et bona fide fructus fecerat suos [Instit.2.1.35, D.20.1.1.2, D.7.4.13 in fine, D.22.1.25.1 et 28], in case the decreit, quhairupon he is possessed, be reduced, the intromettar shall refound fructus receptos [Instit. 2.1.35], and wrongous intromissione. And for that they shall only refound the cornes as they shall be proven be the persewer. Ne(ith)er will the officers inventar, the tyme of the p(ossessi)one, liberat the defender fra his intromissisone, but he shall be compelled to delyver ipsa corpora, albeit spoilzied and away taken. Mortimer contra L. Forbes.'.

Usually the parties' names are mentioned between items, so that it is unclear whether they belong to the end of the proposition which precedes, or whether they may at times function as headings for the proposition which follows. I suspect that in the model MS the names were written in the margin. Some propositions do not mention parties' names. Yet, all of these have a heading which mentions the subject matter.

The text does not mention the date of the pertinent judicial decisions, but at times it mentions certain dated or datable events. (Fol. 110v:) infeftments of 1568 and 1606. (Fol. 113r:) assignations of 1591 and 1605 and an act of Parliament of 1593. (Fol. 116v) an act of Parliament of 1592. (Fol. 118r:) an act of Parliament of 1547.

It appears improbable to me that the author of these summaries was not interested in the dates of the judicial decisions. I rather deem that he may have written such dates in the margins (as shown in MS Laing III.429), and that a bookbinder happened to cut them off when the volume was re-bound and trimmed. Or it might be that the scribe intended to use the present list of propositions of law as a mere table of contents for another MS which comprised the full text of Haddington's decisions, with dates and parties' names and everything, so that the scribe thought he needed not bother to copy also the dates.

The items have an average length of 4.5 - 6 lines per item (calculation based on the first twenty items and last eleven items)

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Author(s):

• Thomas Hamilton later 1st Earl of Haddington

No. of pages: Part III, fol. 109r-147r

Incipit:

• [{i}First seven items, on fol. 109r:{/i}] Ane minor, haveing intended actione of reductione of lands acquyred and conquest to him be his father ... Ker v. tennents of Lasuadend [{i}corresponds to Adv.MS.24.1.4 fol. 287r-329r{/i}].

  In ane persuat of ane declarator upon ane horning ... victuall proven be witnesses [{i}no parties' names mentioned{/i}].

  After litiscontestatione the persewer will not be suffered to eik to his reply any new emergent ... Linans v. L. of Murray.

  A suspensione founded upon ane submissione ... Dalquheist v. Andersone.

  Ane executor may pershew befor any judge [{i}no parties' names mentioned{/i}].

  When any (pairtie?) is acted for judicially for payment of a great soume ... Weir v. Moffett.

  The (Earl?) of Murray, haveing conveaned certain of his tennents for payment ... ... ex consensu [{i}no parties' names mentioned{/i}].

  [{i}Items on fol. 109v:{/i}] A persone put in warde and therafter arreisted under forme of instrument ... Gordoun of Auchindove v. Bailzies of Dundee.

  Ane advocatione pershued upon ane suspensione ... Crichtoun v. Erroll.

  Lawburrows found be the Laird Kilspindie to pa. Lermouth ... [{i}no parties' names mentioned{/i}].

  Ane requiratione persewed againest ane appearand air ... Oglevie v. Jacksone.

  Ane executor decerned persewed ane intromettor with the defuncts goods ... the relict [{i}no parties' names mentioned{/i}]. .

  In ane testament dative, the debts aughting to the defunct ... servants fies [{i}no parties' names mentioned{/i}].

  Citatio to insist ... duelling place [{i}no parties' names mentioned{/i}].

  No tennent or occupyer of lands but infeftment ... in any respect [{i}no parties' names mentioned{/i}].

  A person persewed for ane (..?)rent to hear and see the ground poynded ... the burther [{i}no parties' names mentioned{/i}].

  An assigney will get juramentum in litem if the cedent and he are conjunct [{i}no parties' names mentioned{/i}].

  A person charged to enter air ... will be sufficient [{i}no parties' names mentioned{/i}].

  In ane transfering it is sufficient to summond the tutors ... Hannan v. Skeine.

  A retour, s(ubscry)vit be the common clerk of Glasgow is als sufficient ... upon his expensses [{i}no parties' names mentioned{/i}].

  [{i}Last eleven items on fol. 146v-147r:{/i}] In ane spoilzie ane parla.(?) and violent deed proven ... in presence of the heall Lords [{i}no parties' names mentioned{/i}].

  Ane contraventione persewed upon two deeds ... [{i}corresponds to MS Laing III.429, 288 ss.{/i}].

  Ross v. Balnagowen. In ane reductione of ane compryseing ... [{i}corresponds to MS Laing III.429, 288 ss.{/i}].

  Pitsligo v. Philorth. Ane consent will not work againest ane consenter post jus acquisitum ... will be sustained [{i}corresponds to MS Laing III.429, 288 ss.{/i}].

  In ane transferring in respect of the place destinat for payment ... [{i}no parties' names mentioned{/i}].

  Sinclair v. Countes of Egglintoun. Ane persone debarred be horneing and objectione proponed ... to stand in judgement [{i}corresponds to MS Laing III.429, 288 ss.{/i}].

  In ane suspensione, no incident diligence should be granted ... [{i}corresponds to MS Laing III.429, 288 ss., no parties' names mentioned{/i}].

  L Stair v. Dalrymple. Objectione of ane defect in subscriptione of ane submissione ... coroborat the deed [{i}corresponds to MS Laing III.429, 288 ss.{/i}].

  (Fol. 147r:) Infeftment given by the husband to the wyfe, stante matrimonio, but any reductione may be annulled by ane privat revocatione [{i}corresponds to MS Laing III.429, 288 ss.{/i}].

  E. Egglintoun v. his Ladie. Although the act of parliament annull all assignationes made stante rebellione ... [{i}corresponds to MS Laing III.429, 288 ss.{/i}].

  L Forbes v. Marr of Huntley. Be contract of alienatione, the fewar binding him to remove tennents ... to infer warrandice [{i}corresponds to MS Laing III.429, 288 ss.{/i}]