Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Ius proprium Scotiae - Practicks (general digest of law, systematic) 'The king's lieges all lives under his lawes'

Incipit:

  • The kings leidges all lives [and then:] under his lawes and the statutes of the realme onlie

Explicit:

  • proven\ first\ being\ deforcement\

Ius proprium Scotiae - Practicks (general digest of law, systematic) 'The king's lieges all lives under his lawes' .

Probably penned by a different scribe, but he, too, used oldfashioned shapes of letters 't' and 'a'. It appears that the scribe left blank spaces for additional entries, because one can see that text passages in between are written in varying characters of handwriting.

No mention of an author and no title. Abstract points of law, most of them short, with indication of the source from which they were abstracted. The items are arranged under chapter headings. Long text passages in Latin in the chapter 'De heredibus'. Reference is made almost exclusively to sources from the 15th and 16th century, but the year 1621 is mentioned on fol. 62v, 68r and 69r. The points of law in the first chapter have been numbered 1-12, but the colour of ink suggests that this numbering was only added by a later hand.

System of arrangement: sources of law, civil procedure, law of obligations, law of things. It appears that the model MS from which the scrivener copied was in part misbound, or consisted of loose fascicles or sheets whose order of arrangement was disturbed

No. of pages: Fol. 48v-70v

Incipit:

  • [{i}first part - sources of law and civil procedure:{/i}] Lawes and acts of parliament. 1. The kings leidges all lives under his lawes and the statutes of the realme onlie, 1425, and are governed be ane particular law, speciall priviledges, nor law of other countreys: Jacobus i, Par. 3, cap. 48.

    2. The same is repeeted, but more speciallie, anent the Isles: Jacobus 4, P. 6, cap. 79.

    [{i}Further headings in the first part:{/i}] Off the Parliament. De haeredibus et hereditatibus. De hereditatibus et heredibus. What followes is of the Parliament. Of judges. Session. Session and Lords thereof, with the members of the same. Off the Session. Of breeves. Summonds and executions thereof. Arreistment. Inhibitions and interdictions. Tyme and place of court. Peacable coming to court. Forme of proces in civill causses. Esoizes, idest excuse. Advocats. Persewar and defendar. Supersedere. Advocatione. Exceptione, nullities. Improbations. Prescription.

    [{i}Headings of the second part:{/i} Actions personall]. Tutorie and curatorie. Airs and executors. Obligations, contracts, writts. Nottars.

    [{i}Headings of the third part:{/i} Actions reall]. Seasings. Alienations. Conjunctfie and lyfrent. Of terce. Rentall. Tacks and woodset. Reversions. Annuell. Resignations. Holding and supperiority. Few ferme. Waird and blench. Removing. Ejection and spuilzie. Perambulation and molestation. New boundit infeftments.

    [{i}Further headings of civil procedure, probably copied from a misbound model MS:{/i}] Purprusion[!]. Litiscontestation. Probation. Decreet and execution thereof. Expensses. Poynding and compryzing. Horning. Escheat.

    [{i}Supplementary headings:{/i}] Lyfrent. Deforcement and breake of arreistment.

    (End:) If anie in the execution of summonds, lettres, precepts or of decreets be forced or troubled to the effusion of blood be the man summond or anie of his causing, he tynes all his moveabells tuixt the king and the partie, and the execution is good ... proven

Explicit:

  • the deforcement being first proven: 1592 Jacobus 6, Par. 12, c. 150