Manuscripta juridica

Ius proprium Scotiae - Practicks (general digest of law, systematic) .

Text heavily anglicised. Written by several very neat hands around 1700 or later. Changes of hand and layout and type of paper occur for instance fol. 89, 235, 270, 291.

The titles (besides the last two) are numbered. Within each title, its chapters are numbered. Chapter headings and numbers are written in the margins.

Acts of Parliament are quoted without referring to the pertinent folio number of printed editions of acts. Full wording of Acts of Parliament is still given at page 198, title 59 'Judge' (corresponding to the edition's pag. 284 c. xvii). Further on, however, only short references to printed texts are given, e.g. at pag. 328, title 88 'Perambulation' (corresponding to the edition's pag. 439 c. lxxxv).

The arrangement and numbering of titles does not fully correspond to the printed edition, because some lengthy titles are split into several shorter titles, and vice versa. Furthermore, the title 'De actionibus civilibus' (here numbered 106 = edition 103) is transferred after 'Advocatione and patronage of kirks' (here numbered 105 = edition 120).

[{i}To show divergences from the printed edition's numbering, I provide here a list of some titles which I checked:{/i}] Compryseing 81 (edition: 99). Expensis of pley 82. Reduction of sentence 83. Arbitrie 84. Brevis and retouris 85. Purpresture 86. Brive of idiotry 87. Perambulation 88. Brive of lyning 89. Brive of division 90. Redemption of lands 91 (edition: 106). ... Acts of adjurnall 103 (edition: 118). Action of debt 104 (edition: 119). Advocatione and patronage of kirks 105 (edition: 120). De actionibus civilibus 106 (edition: 103). De causis criminalibus 107 (edition: 121). ... Of escheittis 142 (pag. 457, edition: 157). Of horning 143 (pag. 463, edition: 158). Of forfaultour 144 (pag. 468). Of cursing 145 (pag. 473). Of justice aire 146 (pag. 474). The generall band 147 (pag. 486). The Chalmerlane aire 148 (pag. 489). Of bordour lavis 149 (pag. 506, edition: 164-165). Schip lawis 150-157 (pag. 529, edition: 167). The order of Chancellarie 158 (pag. 578, edition: 168). Followis lawis made be certain kings of Scotland, as is contained in the Cronicle (pag. 599, no title number, edition: 170). Instructiones to the Commissars of Edinburgh or uther inferior ones (pag. 606, no title number, edition: 169 page 670)

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Author(s):

• James Balfour of Pittendreich

No. of pages: Fol. i. recto - verso and pag. 1-645:

Incipit:

• [{i}Preface, fol. i. recto - ii. verso, not expressly mentioning King David:{/i}] The Preface. Itt becomes the kings majesty not only to be decored with armes against rebells ... And for the help of readers of our soverane Lords laws with the guid advies of the haill realme, as well the people as clergie, I have collected, gathered and putt in writte ... leidges and people of his realm. Liber primus, prin(cipium) R(egiae) M(aiestatis).

  (Fol. ii. recto - vi. verso) Index of titles, alphabetical, referring to the folios and also to the title numbers.

  [{i}Scrivener's explanations for readers, fol. vii. recto - viii. verso:{/i}] There are some that makes ane other table of index of thir Practiques in the alphabetick order, by first setting doun evry word as they are, in the forsaid alphabetick index, and then setting doun the summaries and contents of the severall chapters contained in that title. As for instance, the first title in the alphabetick order is 'Act of adjournall', which vide infra, folio [{i}blank space{/i}], and consisteth of 10 chapters, and quhairof the contents ar to be found in the margin ... Which table, since it may be read at the margines of each pertinent title, itt seems altogether unnecessary to draw it out be it selfe.

  There ar some copies of thir Practiques that at the end has ane title 'De verborum significatione'. But after perusall, it differs litle from the learned Skeen his book 'De verborum significatione', and quhairin it differs, is marked alibi.

  Infra at the 13th title 'Of the patrimony of the Croun' at folio [{i}blank space, p. 78 is meant{/i}], some books have the list and inventar of the severall(?) Books of the Exchequer partially set doun - quhich is omitted in the following book, and therfore is copied furth in this place [{i}I have compared this information to p. 136-138 in the printed edition{/i}]: Chekker Rolls. Propperty rolls ... [{i}1478-1565. The printed edition mentions books of 1493 and thereafter provides a lacunary list of Exchequer books from 1502 onwards. The text in MSS is much more detailed{/i}].{i}{/i}... [{i}1514-1565. The printed edition adds Rotuli of 1508, 1513{/i}].{i}{/i}... [{i}1515-1553{/i}]. Thesaurariorum ... [{i}1516-1553{/i}]. Responsorum ... [{i}1474-1554{/i}]. Libri rentales ... [{i}1485-1541{/i}]

• [{i}Main text, pag. 1-645:{/i}] Of the law. The division of the law. Cap. 1. The law is divyded in three pairts.

  [{i}Last words:{/i}] of the fies for the want of great testaments. Extracted furth of the authentick registres of the jurisdictions of the Commissariats, be me Mr. Thomas Nicolsone, keeper and extractor of the same. Sic subscribitur: W. Nicolson. Finis [{i}The remainder of the printed edition's text (p. 670-677) is missing{/i}]

Explicit:

• keeper and extractor of the same sic subscribitur W. Nicolson