Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1592-1624: (1608/11/11 - 1611/5/30) .

Text written in dark brown ink. At the beginning, letters 'a', 'o' and 'c' still show elongated strokes upward which became unfashionable after 1630, at the latest. The letter 'h' does not always descend beneath the line, but this does not necessarily indicate a later date as it could also be attributed to influences of continental styles of handwriting. The spelling also points to the early 17th century as it still maintains many old Scottish forms and is not yet extensively anglicised. I therefore deem that at least the beginning of the text was penned by a scribe active still before 1650. The character of handwriting then changes gradually, but no abrupt change caught my eye.

In the first half of the text, the items are provided with short abstracts, written in the margin.

[{i}Addition at top of the page, in black ink:{/i}].

The decisiones of the Lords of Sessione from 11 of November [{i}cancelled:{/i} 1592] 1608 to 4 of July 1628, faithfully collected be Sir Thomas Hamilton of Drumcairn, eldest sone of Hamiltoun of Priestfield, who, haveing bene ordinary advocat, was upon the 2 of November 1592 admitted Lord of Sessione in place of Mr. David Chalmers of Ormand, chancellar of Ross. This is that Thomas Hamilton who was efter Clerk Register and Earle of Haddingtoun: His Majisties Advocat admitted 6 of February 1595. Againe, we(?) find in the Books of Sederunt 28 of May 1607 Thomas Hamilton of Priestfield admitted ordinar Lord in place of Mr. David MckGill of Cranstoun Riddal, and his letter from the king bears 'ad vitam'

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Author(s):

• Thomas Hamilton later 1st Earl of Haddington

No. of pages: Fol. 1r-300v ca. [not numbered]:

Incipit:

• [{i}Main text, with keyword in the margin:{/i} Removeing.] Maister Oliver Bolt obteened decreit off remowing againest certaine tennentes within Edinburgh. The same wes suspendit be (McIlwe?), and on this ressone that the tennentes againest quhome the same wes recowered, wer tennentes to the suspender, quho hade tacke off the saids landes, set be the chargers author long before the charger acquired richt theiroff and quho theirfor aught not to bee remowed therfrae ... The Lords fand the lettres ordorlie proceidit against the haill suspenders, notwithstanding the ressone and replye, reservande to the suspender his reductione off the decreit in sua far as his taks wer theirby prejudgit as accords. 11 November 1608.

  [{i}In the margin:{/i} Generall declarator.] Trotter persues a generall declarator off the esheit and lyfrent off ane Kelloe, quhairin compeires ane Fletcher and wes admited for his entres, and crawed that the declarator might not be granted in sua far as might concerne certaine off the rebelles landes comprised be him in satisfactione off the debt longe befor the gift. The Lords repelled the alleadgance againest the generall declarator, resserveing the same againes the speciall pro(..?)t de jure. 18 November 1608.

  [{i}In the margin:{/i} Contrawentione.] In ane contrawentione it was alleadgit bee the d(efend)er that the pers(ew)eres, haweing lybelled ane title be wertue quhairoff hee bruiked the landes ly(bell)it, the same ante omnia sould bee produced. Alleadgance funde relewant. 21 November 1608.

  [{i}In the margin:{/i} Tacke.] Minister off Swintoune, being assigned for his stipende to 3 chalders victuall furth off the teends off Coldinghame, and quhairoff he wes in use to receiwe peyment furth off some teendes belonging to thee Laird of Aytoune, haweing chargit Aytoune for the samen, the ressone off suspensione was that the persuer bruiked his teindes bee wertue off a tacke, set bee him quho hade power for the tyme, bee wertue quhairoff he hade possest 21 yeires, ffor peyment off no more then the tacke dewtie, and any possessor ffor wplifting thee chalders wes not lawfull, bot vitious and usurped, and sua declared bee the Lords decreit, quhairby the suspender wes also ordeened to be repossest. This ressone fund relevant. 22 November 1608.

  [{i}In the margin:{/i} Removeing.] In a remoweing persewed bee Alexander Cranstoune off Moristoune againes Robert Scot off Loow Pai(s?)ley alleadgit for the defender absolvitor, becaus hee bruikit as air off lyne to his guidshire, quho wes heretablie infeft, lyke as bee wertue thairoff his guidshir father and himselffe hade possest manie yeires. Replye: aught to be repelled because the defenders guidshir wes denudit bee a compriseing ... The alleadgance repelled in respect of the replye, and dayes hinc inde assigned to prowe the excepcione and replyes re(spect?)ive. 26 November 1608.

  [{i}In the margin:{/i} Mailles and dewties in non-entrie] In ane actione for mailles off a tenement in Leids, acclaymed bee ane Thomsone as air to her guiddame frae Adam Thomsone as restande the samen since the guiddames death, alleadgit hee coulde not bee lyeable, in respect the landes wer in non-entrie, during quhich the superior hade right theirto and might acclayme the samen, and so force the defender to make double peyment ... The Lords repelled the defenders alleadgance, in respect off the replyes, and ordeened the persuer to be answered off the bygain (zeir?)is de(wtie?)s.

  In ane actione persewed be Forbes of Coss(in?)dad againes Forbes off Pitsligo ffor reductione off a decreit.

  [{i}Two items correspond to the beginning of MS Edinburgh, NR Scotland, RH4/95, but both are reported in much more detail, and several other items are inserted between the two:{/i}].

  [{i}In the margin:{/i} Portugall Ducat no airshipe, becaus (tung?)zied Mod(h.?). Sex gold buttones funde airshipe.] Anent the actione persued at the instance of Mr. Robert Boyde advocat againest Marione Carmichaell, his mother, and Mr. Johne Russell, her spous, for his intres, for delyverie to him as air to umquhill James Boyde of Kippes, his father, of certaine airshipe guides and geir particularlie set doune in the said persewres clayme, quherwith the saids defenders intromited, and namelie off ane Portugall Ducat as the best off the defunctes purse, pennies of ane halffe dossone off golde buttones, off ane yecke of draweing ... Quhich alleadgance wes fund relewant be the Lords interloquitor. 4 November 1609.

  [{i}In the margin:{/i} Reductione of ane horneing not susteened befor the persuer hais suspendit and relaxit.] Anent the actione persued at the instance of ane Thomsone against ane Ramsey for reductione of ane horning, execut against the said persuer, in the quhich it wes alleaged for the defender that no proces soulde be granted at the persures instance in the said mater, in respect that he wes the kings rebell and at the horne. And to werefie the samen, he produced lettres of horneing against him. Replyed for the said persuer that the said defender coulde nowayes bee hearde to use the said horneing producit to debarre him frae the said persute, in respect it wes the same horneing he soucht to be reducit ... and relaxe himselffe frae the horneing. 11th November 1609. ... [{i}No match with cases June/July 1610 in my notes from Adv.MS.24.1.8 and 24.1.11{/i}].

  [{i}Last items:{/i}] Andrew G(?)it of (Thrairg?)iane as heretor of the lands ... persewed Richard Bruntoune, James Lent and certaine wtheris to heir and sie them decerned to remowe ... and relewant exceptione againes him. 29 Maii 1611.

  William Gallowey as assigney constitut be Margaret Gallowey in and to ane obligatione made and granted to the said Margaret and to wmquhill Patrick Ratrey, her spous ... 29 Maii 1628.

  The kings majestie Thesaurar and Advocat caused summonde James Inglis, merchand burges of Edinburgh, to heir and sie ane proces, quhilk wes to be led and deducit at his instance againes Walter Geddie ... In respect thairof the Lords be ther interloquitor repelled the said defenders alledgance and notwithstanding thairof dischargit the said compriseing, in reguarde of the notoritie of the said treasone commited be the said Walter, wherfor he wes fugitive and at the horne. 30 Maii 1611.

  There follow 28 unnumbered leaves. They are blank