Manuscripta juridica

Ius proprium Scotiae - Registers of Acts and Decreets: remarkable decrees, interlocutors, admissions of personnel, Acts of Sederunt, etc., extracts (1531-1545).

Begins in a gathering of leaves which starts with fol. 59. The notes mainly contain lists of judges sitting, and records of events and documents with no direct connection to litigation in specific cases. Nonetheless the notes also mention some specific cases and their outcome. I list some samples.

[{i}First items, fol. 64r:{/i}] In the booke of the register of Session, beginning 4 Januarii 1531, the matters underwrittine are contained.

In the Sederunt of that daitt are in service some lords and prelats, with the Thesaurer Secretar Sir Johne Campbell of Lundie, Mr. Adam Otterburne, Nicoll Crawfurd, Thomas Scott and James Lawson.

Procuratour produced by a pairtie for his actione, of some advocats and privats gentlemen.

Directions enjoyned by the Session to Lord Home, wardane, for makeing the peace between Scotland and England.

24 Januarii 1531. In the Sederunt with the Chancellour and lords and prelats are in service Mr. Richard Bothwell, Adam Otterburne, John Din(g)wall, James Lawsoun, James Foules and Frances Bothwell.

Ultimo Martii 1531. Mr. James Foules admitted to be Clerke of Register, Rools and Counsell.

(Fol. 64v) The king compeired by Mr. Adam Otterburne, his advocat.

(Fol. 65v) 3 Junii 1532. Sederunt after the Chancellour - prelats, churchmen and knights - Mr. James Foules Clericus Registri, Jacobus Colvill de Easterwymes, (Robert) (Culator?), Mr. Adam Otherbirne de Auldhame advocatus regius, Nicolaus Crawford de Oxengangs clericus justiciario, Mr. Franciscus Bothwell, Mr. James Lawsoun.

(Fol. 66v) 2 Martii 1534. Upon a warrand from his majestie to the Lords, to appoint advocats for the poor, the Lords of Session elected Mr. Thomas Marioribankes and Mr. John Gledstaines conjunctlie and severallie, who made faith. And they assigned to the said Gledstaines, with consent of Marioribankes, ten pound of yearlie fie for his service, by the kings Thesaurar.

(Fol. 67v, several case notes) 20 Februarii 1539. The cardinall of St. Andrews and the Kings Advocat reduced Patricke Dumbath retoure of the lands of K(inn)ocher for willfull error, because they served the said Patricke as aire to his gudschir to the lands of K(inn)ocher and to the lands of Sconie Petc(or)thie (of?) as pertinents thereof, howwil the lands of Sconie Petc(or)thie were severall tennendries, lyand distant (igne) eight myles from K(inn)ocher, and (in)vinted and retoured them halden of the said archbishop by service of ward and reliefe, payand therfore ten merkes yearelie in name of [{i}blank space{/i}], albeit K(inn)ocher was haldin of (th.me) ward payand fourtie s [blank, with remark 'nomina'] be a severall infeftment, and the remanent lands of Sconie Pitco(rth)ie etc. were halden of him by a severall infeftment, ward and reliefe, paying yearelie four pounds 13 s 4 d in name of [blank]. Thairfor two diverse s(et)ts behoved to be entered in the (p)urt of regalitie of St. Andrews: ane for K(inn)ocher and another for Sconie Petc(or)thie, etc. And therfore the said inqueist had (erred).

27 Februarii 1539. The Lords would not receive ane exception of prescription, proponed by Patricke Dumbar againes the sumonds of retour forsaid, persewed againest him, because it wes not proponed before the preclusione of the cause.

Merch 1539. Warrand for makeing signetts.

There is many actions persewed for expensses of pley, and follo(we)s decerned by the Lords upon modificatione according to the particularis contained in the sumonds, in annos 1539 et 1540.

24 Julii 1540. The Lords fand that the nearest of kin of Sir Thomas (C)reg, chantore of Dunkell, c(oul)d have no airschip by his decease, because he was a chaiplan and had no land nor heritage to the quhilk ane persone could succeed to him as aire.

27 Julii 1540. The Lords modified to Robert (Arnie) the sowme of 40 lib. 7 s 6 d for expensses of pley againest the Earle of Crawfurd, upon consideration of the (compte) theiroff, given in by the service.

(Fol. 68r, a matter from the Exchequer's office:) Ultimo Augusti 1540, in the register of Session. The Lords of Cheker decerned that the abbot of Dumfermling had right by chartour granted to them by king (Robert) Bruce, to the (r)eal customes of all and sundrie thair lands within the Realme of Scotland.

(Fol. 68r) 7 Septembris 1540. The Laird of Grange, Thesaurer, and David Wood of Craig, Comptroller, haveing given in supplication to the Lords of Cheker, spelling that they had payed many fees, pensions and other sowmes and taken allowance thairoff in thair compte, quhairoff they had no acquittance of the pairties, and so might of new be craved for the same. Therfor they obteined letres to charge be oppen proclamation all persons of whose fees, pensions or debts allowances were taken, to compeire within 40 dayes to produce the extracts of the allowances and to receave payment, if anie th.ms were found allowed and not payed to them, with rectification. If they failed, the Thesaurer and Comptroller should be frie thairoff in all tyme comeing. And the saids letres and esecutions[!] being produced and all pairties called at the doores (waird) of the Checker House, and none of the saids pairties compeirand, the Lords of Counsell and auditours of Cheker decerned that the saids pairties should never be paid thairafter, and that the Thesaurer should not be halden to pay the same in tyme comeing.

(Fol. 68r) 11 March 1539. List of judges, now including Mr. Henrie Sinclar.

(Fol. 69r-v) six notes about specific cases 1540(1541)/1/23 - 1541/7/1 (cases neither reported by Sinclair nor by Balfour). Thereafter again extracts from books of Sederunt.

23 Januarii 1540. In the action betuixt Thomas Annane of (Bo)yn quhereof aganes Peter Thomsone (lente) pursevant and the Kings Advocat, the Lords fand that the said Thomas aught not suite and preserve in the sch(e)reffe court because he held his lands blenche of the king.

3 Februarii 1540. In the action betuixt Sir David (H)amil. chaiplan againes Georg Balfure, the Lords modified.

threttie pounds threttenie s 4 d expenssis of pley to be payed be the persewor.

18 Februarii 1540. In the action persewed be the Kings Advocat againes Alexander Durhame of Grange and (Uysts) being upon the service of the brieffe of Thomas Blaire of Ba(lpyo)ke, the Lords fand that the inqueist had ignorantlie erred, declareing the lands to have beene in the kings hands, as superior thairof, by reason of ward and non-entres by the spane of threttie eight zeares, not distinguishing the tyme quhat yeares or quhat termes the saids lands were in the kings hands by reason of ward, seperat by it selfe, and quhat termes they were in his graces hands by reason of non-entres.

15 Martii 1540. In the action persewed be Jonet Scotas [{i}this person is mentioned in Sinclair 38, 1540/3/8{/i}], aire to Robert D(r)um in K(insto)sher, againes Marion Ramsay, relict of the said Robert, for his aireship goods, it wes alledged by the defender that the persewor sould have no action for airschip goods, because the prelat died neither prelat, barron nor burges. It wes replyed that the persewor was served aire to the deseast. The Lords by interloquutor fand that the persewor had no right to aireschip goods, onlesse shee were served aire to the defunct of some lands as heritage pertaining to him.

2 Aprill 1541. Action sustained and decreet given at the instance of Patrik Earle Bothwell, schereffe principall of Berwicke, (eq... ) (principall) and constabularie Hadingtoun, againes the heretoures of the lands within the saids scherefdomes addebted to pay to the king's castlewairds as a pairt of his propertie.

Primo Julii 1541. In the action persewed by the Kings Advocat againes Robert Maxwell of Calderwood, for reduction of the infeftment granted by his majestie to the said Robert of the Fyvemoreeland of Chappelltoun and other, extending to twentie two pund three s 4 d, land lyand in the Lordship of Stewantoun, baillierie of Cunninghame and scherefdome of Aire, the Lords rescinded and reduced the said infeftment, because the saids lands are a pairt of the principalitie, at the least are annexed thairto, quhairthrough the king had na power to dispone the samen in few anie person without consent of the thrie estaits of Parliament

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No. of pages: Fol. 64r-71v