Manuscripta juridica

Ordo iudiciorum Scotiae "Rolment of courtis" .

The text was published in print by Sir Philip J. Hamilton-Grierson, in 3 volumes, Edinburgh 1920-1926 (The Scottish Text Society, second series, vols. 10, 13, 18). Volumes 1-2 contain the text, volume 3 contains an introduction and notes which also identify the quotations from the Corpus Juris, etc. While Sir Philip based his edition on a re-worked second version of the text, preserved in a different MS (Edinburgh, NL Scotland, Adv.MS.25.5.4), he also collated the present MS and printed its variant texts along with the definite text - in square brackets.

Both preserved MSS are autograph, and both clearly show that they were meant to be handed over to a printer, for a planned publication in print. However, the author did not achieve his aim. A pertinent supplication in 1626 for financial support from the Privy Council remained fruitless, and the work was thus only printed three hundred years later.

One of the prefaces to the work tells us that the author was born under the reign of Queen Mary and became a servant or clerk to Sir John Skene of Curriehill, and a writer to the Signet. On fol. 37r the author states that he started extracting material from the kingdom's archival registers in the years 1609-1612, together with and under the direction of Sir John Skene, and that he then continued this activity in the years 1616-1622.

The present MS is older than Edinburgh, NL Scotland, Adv.MS.25.5.4 (as also mentioned in notes on the flyleaves in front). It is dated 1622 and mentions Charles as a prince, and the prince's father (King James VI) as still being alive (fol. 8v). Fol. 1r, in contrast, dedicating the work to King Charles I, was obviously added later - after the prince's accession to the throne in 1625 - and so was the note on fol. 180r-v, mentioning the death of King James VI, 1625/3/27. There also exist many more additions, and they are all written in smaller handwriting in yellow ink, whereas the ink of the original text is dark brown.

The editor Hamilton-Grierson remarks in his preface that the other MS, Adv.MS.25.5.4, omits some text of the present MS, but also adds much to it. For Adv.MS.25.5.4, Bisset had to some extent re-worked the text, and its chronology of kings is updated till 1627 (in part 3, appendix, fol. 275).

The handwriting in the present MS shows typical traits of the Scottish Royal Chancery in the last decennia of the 16th century. Bisset, by now an old man, thus continued to write in the style he had learnt when he was young. Although the author planned to write in plain Scots (as stated in one of the prefaces), the author not only interspersed Latin technical terms but also lapsed at times into lengthy Latin deductions - for instance in part 1, title 17, c. 4, or also in part 1, title 34, c. 4

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Author(s):

• Habakkuk Bisset

No. of pages: Fol. 1r-34 (modern numbering in pencil) plus 1r-282 (old numbering in ink):

Rubric: [{i}Original title for the entire work, fol. 8r modern numbering:{/i}] The inscriptioun or tytill of this buik. The rolment of courtis and forme of deductioun of all procesis in civile actionis presentlie used and observed befoir the Lordis of his maiesties Counsale and Sessioun and all utheris judges within the kingdome of Scotland, togidder with the auld formes of the procesis of falsing of domes, the procese of the breve of perambulatioun, the procese of the breve of divisioun, the procese betuix the lord and the tennent, the procese of schawing of halding, and procese of purpresture. Collected furth of the lawes, registeris called 'the Sederunt buikis', revised and conformed be umquhill Sir Johne Skene of Currehill, Knycht, ane of his maiesties maist honourabill Counsale, Clerk of His Hienes Registeris and Rollis of the said kingdome.

[{i}Fol. 1r in modern numbering, title for the entire work as revised after the death of King James VI in 1625:{/i}] The inscription and tytill of the book in the schortes and best termes etc., to be followed, etc.

The rolment of courtis, contenand the auldest lawes, actes, statutis, constitutionis, monuments and antiquities of the maist ancient realme of Scotland as ane frie kingdome, conforme to the civile, canonum, emperiall and municipall lawes, aggreand with the actis, statutis and constitutioun of the said kingdome, with chronologie of the kingis and princes, erectaris of the kirkis and ecclesiasticall prelacies within the landis and boundis thereof of auld. Item the ecclesiasticall jurisdictioun and proceding befoir there ordinar judges of the samynn, the admirall and sea lawes with jurisdictioun thereof, the erectionis and previlegis of burrowes, togidder with a computatioun of the tymes of paipis, archbischopis, bischopis, christiane emperiouris and Scottis kingis in there severall tymes and regnes, etc. Faithe, wreittin, collected and set furth be A(bacuch) B(isset), Edinburgens(is), nevir imprentted nor publisched of befoir, etc.

There follow: a dedication to King James VI and prince Charles, poems of praise, a quotation from Cicero and a lengthy letter to the reader in which the author gives an account of the history of the Scottish monarchy and the development of Scots law from legendary beginnings to his time. He mentions that Skene's work 'De verborum significatione', albeit usually bound with Skene's 1597 edition of statutes, was actually only printed in 1599.

Thereafter follows the text of Queen Mary's order 1566 to collect and edit 'Regiam maiestatem' and 'Quoniam attachiamenta', etc., and the Acts of Parliament, - etc. etc. Altogether much legal history

Incipit:

• [{i}first preface:{/i}] Lyke as Hilkeanch fand the book of the law, quha delyverit the samyn to Shaphann the chancellare ... [{i}Bible, 2 Kings c. 22.8{/i}], evin so lykewyis I, Abacuch Bisset, hes delyvert this writtin buik of the lawes of the kingdome of Scotland, collected and writtin be me, to the rycht honourebill Sir George Hay, his maiesties heich Chancellare ... dedicated be me to his moist sacreit hienes ... Charles the first of that name, king of Gret Brytann, France and Ireland, etc.

  [{i}Incipit of a comment on the title of the work, fol. 4r:{/i}] Anno domini 1622. In libri frontispicium. It is to be remembered that the kingdome of Scotland hes bene ane frie realme sen Fergus the first king of Scottis.

  [{i}Translation of the exhortation for judges which constitutes the beginning of the treatise 'De iudicibus':{/i}] Quhosoevir wald iudge a richt, moist have the balance in hand, for judgment moist be done equalie and without the exceptioun of persones ... and the liegis of the kingdome. Stat. Will. c. 27; de maritag. c. 2 et 4; Stat. Rob. Br. c. 2; Leg. Mal. Mak. c. ult. in fine, etc.

  The work is divided into six parts - as follows:

  1 Procedure: treatise 'In all actiounis and pleyes thrie persounis are necessar ...'. Appended are ancient forms of process used before the institution of the College of Justice in 1532.

  2 The jurisdiction and forms of process in the old ecclesiastical courts and their successors, the consistorial courts (= Commissariots).

  3 The foundation and erection of religious houses in Scotland, together with a chronology of the kings and princes who founded them.

  4 Jurisdiction of the Admiral, and sea laws.

  5 The erection of burghs, and their privileges.

  6 'Computation of tymes': chronology of popes, emperors, kings of Scotland, up to 1621.