Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks (digest of decisions), alphabetical (preparatory work for 'Balfour's Practicks', shortened).

Only decisions, no excerpts from the "Auld Lawis" or from Acts of Parliament. Text very neatly written in black ink, almost as if printed. The decisions are gathered under alphabetised keyword titles. Only on the first sheet do the individual items bear headings. Thereafter all headings are left out. Within each keyword title the items are consecutively numbered. The pertinent names of the parties are noted in the margins, whereas the pertinent date of the decision is always written underneath the item, at the right rim of the text column. References to (Balfour's?) '{i}Registrum Scotiae{/i}' are entirely left out. The present MS might have been copied from Adv.MS.24.6.3b, but this needs further investigation.

The present MS leaves many pertinent items out = a shortened copy. It often omits further references after the first one, or it garbles several references into one, it often abridges the text - at times quite heavily - and also some items' dates differ from other MSS, maybe due to inadvertent copying.

Examples of obvious errors in dates: keyword 'Marriage of airis', Contess of Rosse v. Tarvat wrongly dated 1589 instead of 1489, 1494; King v. Cairnis wrongly dated 1598 instead of 1488

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Author(s):

• James Balfour of Pittendreich

No. of pages: Fol. 1r-240v

Rubric: Practiques and decisions of the Lords of Sessione, observed and collected be Balfour Advocat.

[{i}First items:{/i}] Acts of Adjornall. He that takes or spulzies ane other mans cornes, cattel, goods or geir and in the justice air takes him to his remissione therfore, the samen being sufficientlie provin be the rolment ... in the said mater. 23 Octob. 1488, James Simpson contra Robert Drummond.

Cap. 2. Restitutione of the goods and probatione of the avail therof. Anie man, being accusit in the justice air for thift.

[{i}Spot check comparison to printed edition shows differences in the selection and arrangement of items, and at times the text in the present MS is more detailed:{/i}].

Title 'Assignatione', chapter 8 = the printed edition c. 6 lacks parties' names, whereas the present MS has 'Laird of Duddiestone c. Winshop' and different date 1540/6/25.

c. 9 = edition p. 448 c. 11 first part, 'Redemptioun of landis'.

c. 10 = edition p. 448 c. 12, 'Redemptioun of landis', with different date 1578/5/2.

c. 11 = edition p. 448 c. 11 second part, 'Redemptioun of landis'.

c. 10 = edition p. 448 c. 12, 'Redemptioun of landis', with different date 1578/5/2.

c. 11 = edition p. 448 c. 11 second part, 'Redemptioun of landis'.

[{i}Spot check comparison to Edinburgh, NL Scotland, Adv.MS.24.6.3b shows that the text in the latter MS derives from the final text of Balfour's Practicks, and not from the present text:{/i}].

Act of adjornall, 10 items instead of 15 in Adv.MS.24.6.3b, fol. 1r.

Advocatioune, 9 items as in Adv.MS.24.6.3b, fol. 3r.

Advocattis {i}transposed after 'Ambassadors',{/i} and 8 items instead of 10, fol. 5r.

Ambassadouris, 2 items as in Adv.MS.24.6.3b, fol. 4v.

Airis, 19 items instead of 31, fol. 6v.

Airis mariage, 18 items instead of 19, fol. 8v.

Airschipe guidis, 7 items instead of one, fol. 12v.

Alienatioune of airschip, {i}skipped in Adv.MS.24.6.3b, because the pertinent items were added to 'Airschipe guidis'.{/i}.

Alienatiounis, 16 items instead of 17, fol. 14v.

Arbitrie, 22 items instead of 24, fol. 17v.

Arreistment, 11 items instead of 9, fol. 20v.

Assedatione, 51 items as in Adv.MS.24.6.3b, fol. 22v.

Assignatione, 11 items as in Adv.MS.24.6.3b, fol. 30v.

Agricultura, 2 items instead of 3, fol. 32v.

Bandis, 1 item as in Adv.MS.24.6.3b, fol. 33r.

Barrones, 3 items as in Adv.MS.24.6.3b, fol. 33v.

Bastardis, 9 items as in Adv.MS.24.6.3b, fol. 34v.

Breivis, 18 items instead of 17, fol. 36v.

Breives of inqueist, 57 items instead of 62, fol. 40v.

Bordour lawes, 6 items instead of 16, fol. 49v.

Borrow lawis, 18 items as in Adv.MS.24.6.3b, fol. 41r