Manuscripta juridica

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

Foliation: every tenth leaf bears modern numbering in pencil. The text was written by several scribes. It appears that the text has gaps, but I only made spot checks. For instance, the chapters 1-2 of the second title are missing (as in MS Edinburgh, NR Scotland, GD112/ 71/5). From fol. 13v onward, Balfour's extracts of statutes are abridged to become mere references to printed editions of statutes. This habit starts in the title 'Of craftismen and officemen within burgh', corresponding to page 62 of the printed edition.

Furthermore, the last chapters in the title 'Anent regalitie' are missing (= page 289 of the printed edition). An entire series of titles is left out at the end: Border laws, Order of Chancery, Instructions to the Commissars. The last scrivener left some sheets unwritten, at the volume's end (fol. 135-139). This might indicate that he planned to continue his task. The Order of Chancery (= printed edition pages 644 ss.) was later added in the second series of numbered sheets, see there.

The headlines of the titles are usually written in Scots, but on fol. 37v-52r most of them are in Latin. The titles are consecutively numbered throughout the volume, but as some are left out, the numbering lags behind the one in the printed edition (there, pag. cxviii-cxix). For instance, the title 'De empto et vendito. Of buying and selling' is only numbered 37 in the MS, whereas it is the fifty-seventh title in the printed edition.

Sample of numbering of the first titles, and numbering of the chapters contained therein - to show that the MS does not fully correspond to the printed edition: 1 Of the divisioun of the law (12 chapters). 2 Off the king (17 chapters). 3 Off the trew and haly kirk (22 chapters). 4 Off baronis (13 chapters). 5 Of burrow lawis (26 chapters). 6 Of the customes (7 chapters). 7 Of mesuris and weichtis (5 chapters).

The individual chapters bear headings, but their layout varies. On the first pages of the volume they are written above the respective chapter, and they thus interrupt the text. Later on, however, they are consistently written in the margins, and their wording often deviates from the printed edition. Furthermore, the margins also contain many additional summaries and notes. From fol. 70r onward the scriveners ceased to write chapter headings, so that the margins remained empty.

[{i}Preface, fol. 1r, leaving out the mention of King David:{/i}] It becummis the kingis majestie nocht onlie to be decorit with armis ... [{i}Explicit of preface:{/i}] lieges and people of his realme. [{i}After the words 'And thairfore for the help of the reidaris' the scribe skipped twenty-one words, namely 'memorie, at command of our soverane Lord King David, with the guid awyse off the haill realme, alsweill pepill as clergie'{/i}].

Fol. 1v: blank.

Fol. 2r-134v: main text, without the end titles on Border laws, Order of Chancery, Instructions to the Commissars.

Fol. 135-139 blank

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Author(s):

• James Balfour of Pittendreich

No. of pages: Fol. 1r-134v