Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Decisiones curiae supremae Scotiae - Practicks not dated (index to a collection)


Incipit:

  • Note, an bastard dieing and [and then:] leaving behind him an air minor

Explicit:

  • possession\ masters\ the\ invert\

Decisiones curiae supremae Scotiae - Practicks not dated (index to a collection) .

Again written in varying characters of handwriting as in fol. 48v-70v. No mention of an author and no title. Arranged under chapter headings. Points of law, most of them short, and usually they do not refer to any source. Fol. 73r-77r contain references to pagination / foliation of a collection of decisions from 7 to 68 and 208 to 212, and it appears that the present abstracts follow the order of arrangement of that collection. One hand in fol. 71v writes 'It is hard meddling with minors, 1648 years'. This shows that entries were still added to the book long after it was begun in 1643. Many points of law are written in Latin


No. of pages: Fol. 71r-77r

Incipit:

  • [{i}obviously in a chapter 'Of minors':{/i}] Note, an bastard dieing and leaving behind him an air [{i}cancelled:{/i} maill] minor, tho he may have an tutor testamentar, yet he cannot have an tutor of the law, quia rex excludit omnes agnatos.

    Legittimation: bastardie be the lawes of Scotland gives onlie power ad confectionem testamenti, and if he die not legittimat or rehabilitate, his air lawfullie gotten in matrimonie succeeds to his moveabills, etiam (ab) intestato.

    Minoritie overpasseth att 21 years except in tutorie, that is to say: non is capable of the office of tutorie till he expire 25 years compleat.

    [{i}One further chapter heading:{/i}] Destinction of tutors

Explicit:

  • The tennent may not invert the masters possession, pag. 212