Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1573-1592: (1573/10/27 - 1583/2) .

No title. No indication that a new work starts. The handwriting and layout of the preceding Practicks continues. The contents of the items from 1573 to 1578/4/17 (on fol. [180]) correspond to MS Edinburgh, Signet L, 34, fol. 2r-25v, and Adv.MS.22.3.4. Many text passages in Latin, also with references to Jus Commune. The latter are emphasized in larger script. The scribe obviously understood what he wrote, and he was familiar with Jus Commune quotations and understood their abbreviations. It may thus be hoped that the text here is less abridged than in other MSS.

Spot comparisons with Adv.MS.24.1.5 from 1580/4 onward showed that the Latin text passages and quotations in the present MS are often longer and also better than in other MSS. Yet, parts of the text are transposed. I therefore deem that the ancestor MS had Jus Commune quotations in the margins, or between the lines, so that the scribes who copied from that ancestor MS varied in inserting these quotations into the text. Various copies thus have the quotations in different places. The present MS does not quote folio numbers of the ancestor MS - as Adv.MS.24.1.5 does

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Author(s):

• Alexander Colville commendator of Culross

No. of pages: Fol. [137r-308r] (second series, leaves not numbered):

Incipit:

• [{i}First item:{/i}] 27 Octobris aut eo circa, 1573. De scripturis de novo repertis, et quando admittendae. The maister of Glames persewit and warned Robert Bruce of Pitceung.

  [{i}Last three items:{/i}] Februar 1583. He that hes the gift of non-entres may persew for the delyverance of ane hous without any seasing of the samen, etc. Ker of Mersingtone, haiving obtenit ane decreit of non-entres of the lands of Dalcois with the tour and fortalice ... without any warning.

  Februar 1583. How ane judiciall confession wil serve loco tituli. The umquhill Earl of Arrane, Hamiltoun, persewit ane Crawfurd to flit and remove fra the kirklands of Kinneill. ... was sufficient to prove aganes the defendar, licet nonnulli domini in contraria fuerunt opinione.

  Februar 1583. Na litis contestatione, except ane terme be assignit. Into the actione persewit be the Lady Lundy, efter that their was ane reply admittit, takand away ane exceptioun, ... Ego et nonnulli alii in contraria fuimus opinione, quod exceptione peremptoria proposita, que tollit libellum et condemnationem litis, semper fit litiscontestatio. Et hec est communis doctorum opinio, prout Bald., C., l. unica, ibidem. Finis. Laus deo.

  Fol. [308v-312v] (second series): blank