Manuscripta juridica

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

Old foliation in ink. Remnants of a division into several books can be observed: see fol. 1r 'Liber primus', and fol. 267r 'De causis criminalibus, liber'. I have not found any other such indication, neither at fol. 91r 'Off kingis patrimonie', nor at fol. 157v 'Off parliament', or fol. 223r 'De actionibus civilibus'.

The first five parts' arrangement corresponds to the printed edition. In particular, the titles 'Of arbitrie' (102) and 'De actionibus civilibus' (103) are inserted in their proper place. The sixth part, however, does not correspond fully. For instance, the title 'Off ghamis and pastymes' (152) is misplaced (fol. 286).

Balfour's abstracts of contents of Acts of Parliament are still given in full wording up to fol. 112v (title 'Off seasingis', chapters 15-16), and fol. 118r (title 'Off chartours and evidents', chapter 2), and at times even further ahead.

The treatise 'Regiam maiestatem' is at times quoted with page numbers - thus after Skene's edition, 1609, and someone must have taken the pains to convert the quotations. Three examples can be seen on fol. 128v = after title 'De locato et conducto', unnumbered chapters circa 44-46, shortly before 'Off buying and selling': Item gif ane tennent clames ane set of land to joyse(?) peaceablie ...{i}and{/i} Item but gif he set ane tack specifie not power to make subtenantis ...{i}and{/i} Item gif his Lord or his Ladie have wood upon the ground.

[{i}Preface, expressly mentioning King David:{/i}] The preface. It becumes the kingis majestie not onlie to be decoirit with armis againis rebellis ... and therfore for the help of the reiders off our soverane Lord King David, with the good advise of the haill realme, alseweill peopill and clergie, I have collectit, gadderit and put in wreit all and sundrie the godlie and profittable lawis and constitutionis made, wsit and practisit in the tyme of the reigne of our soveraigne Lord and of his predicessours, kingis of Scotland, in ane commodious and good forme off method and in vulgar and popular langage, wseing sometymes willinglie sick termes and wordis as commonlie wsit in judgement, to the effect that the samen may be therby mair familiar and better knowne to all our soveraigne Lordis leigis and peopill of this realme in all tyme comeing

---

Author(s):

• James Balfour of Pittendreich

No. of pages: Fol. 1r-306r (first series of numbering):

Incipit:

• [{i}Main text:{/i}] Liber primus. Off the law. The division of the law, cap. primum. The law is dividit in thrie pairtis.

  [{i}The text breaks off in the title 'Off escheittis' = printed edition nr. 157, in chapter 8 on whales, with the words:{/i}] Giff any quhaill is found within the fluid or seamarke, the samyne shall perteine to the king ... the landis of ane barone or any frie halder, etc.

  There follows a year date '1662', however written in much lighter ink, so that it seems unlikely that it was written along with the text. After this date, the rest of the page is left blank. The text corresponding to pages 555-684 of the printed edition is thus missing