Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1550-1577 .

Enlarged version as in many other MSS: many additional items are inserted into Sir Richard's original text.

The scribe of Sinclair's Practicks continued to write, without any indication that a new work starts. He continued to use the same weak ink as before, and it has in the mean time faded so much that the text can only be read with difficulty. The items are again not numbered.

Change of handwriting after the end of a quire fol. 106-117 = in the middle of an item dated 1567/2/25: 'Anent the actioun persewit be Jonet Dalrympill and Johne Home hir spouse for his entres aganis William Kennedie'. From there onward the ink is much darker. The text is in no way interrupted at the place where MS Laing III.411 ends (in the present MS on fol. 108v: 'Off ane scheref decreit and rolment of court that ane part thairof may be reducit and ane other part admittit', dated 1566/7/14).

The handwriting changes again with fol. 128r, after the end of a quire and after an obvious loss of text, probably due to at least one quire having fallen out. The text resumes in the middle of an item which in R. Sutherland's edition from the Orr MS is numbered 326. Thereafter occur several more changes of hand. The text ends with the edition's item nr. 415. I have controlled all changes of quires, but found no further losses of text besides the above mentioned gap before fol. 128. Quires start at folios, 82, 94, 106, 118, 128, 138, 148.

It appears probable to me that Adv.MSS.24.1.4 and 24.1.11 were copied from the present MS, but this needs a detailed investigation

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Author(s):

• Richard Maitland of Lethington

No. of pages: Fol. 64v (middle) - 148r

Incipit:

• [{i}First item:{/i}] Off strangeris the Lordis to be jugis. In ane actioun and caus persewit be ane Fransche man aganis ane Inglischman.

  [{i}Last three items before the text breaks off on fol. 127v:{/i}] removing fra lands being undevydit the thrie fra the tua pairt. In ane caus of removing movit be [{i}blank space{/i}] Ramsay of Arbeke aganis Mr. Thomas Ramsay ... the caus forsaid. 26 Julii 1565 [{i}the item lacks in MS Orr, it corresponds to Adv.MS.24.1.11 nr. 343{/i}].

  Off varrandice desyrit upone ane chartour without ane sesing. In ane actioun of varrandice persevit be the Laird of Donypace aganis my Lord Ochiltre, desyrand the defendar to varrand ... ves not producit, he ves decernit to hawe na varrandice. Penul. Julii 1565 [{i}the item lacks in MS Orr, it corresponds to Adv.MS.24.1.11 nr. 344 = MS Laing III.388a nr. 340{/i}].

  In the action of removing, moved by my Lord of St. Johne against Sinclar, the Laird of Roslings brother, becaus the saids lands quhairfra the varning ves maid ves becum in the varners [Laing III.388a: 'vardnaris'] hands be non-entres be deceis of Alexander Colburne [{i}Laing III.388a:{/i} 'Cokburne'] fewar thairof, it was ansserit that thair ves ane act of Parliament that na fewars of kirklands, sik as my Lord Saint Johnes land, suld remove ony tennents befoir the 66 zeir of God. And sua, sen the fewar by the law mycht not remove, the superior that came in his place mycht not remove. It was replyit that the superiour cam [{i}The text breaks off abruptly, at the end of a quire. There follow cancelled words: 'Begin at the 102 leiff'. This note is obviously adressed to scriveners copying from the present MS, to tell them where (in another model MS) they should continue copying. The item lacks in MS Orr, but corresponds to Adv.MS.24.1.11 nr. 345 and MS Laing III.388a nr. 341, there not interrupted, and dated 1565/7/30{/i}].

  [{i}Fol. 128r, new quire, change of ink and change of hands. The text resumes with the last lines of item 326 of the Orr MS:{/i}] tua assedations, bot not quhen ane getis ane heritable tytill and ane uther assedatioun. Quhilk allegeance the Lords repellit and fand the exceptioun relevant, except that the persewar wald say that the defender knew at the tym of the taiking of the assedatioun that the persewar wes fewar, ather be denunciatioun or utharwayis, quhairby the defendar mycht have bein in mala fide, l. Si fundum, C. de rei vindicatione [C.3.32.17]. 1570.

  [{i}End of quire fol.147v, after the heading of item Orr 415. The same additional hand as on fol. 127v wrote: 'Begin at the leiff 129' = again a reference to the foliation of the model MS.{/i}].

  [{i}Last item:{/i}] Anent the actioun of redemptioun persevit be the Laird of Drumquhassell ... 1577/7/4 = MS Orr 415