Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1592-1624: (1609/11/25 - 1611/7/11) , selected abstracts.

No title. Same colour of ink and layout continue, and so - I suggest - does the handwriting of the main text, but this requires a detailed analysis. Yet, headings of individual items (if provided) are now written in a different manner, and by two different hands. A first scribe wrote headings for many of the items, shortly indicating their contents, but left some items out. For most of these, a second scribe supplied headings. Above some items, the parties' names are written - in addition to a heading, or in lieu of it.

The items usually contain only short abstracts of decisions. Few items bear a complete date. Yet, the other items could in origin be dated because the beginnings of a new day or month were noted in the outer margin of the leaves. Unfortunately these dates in the outer margin were partly cut off when the leaves were trimmed after bookbinding.

The main text corresponds to Adv.MSS.24.1.4 (there without dates) and Signet 37 (also without dates). While the present MS offers the advantage of providing dates, its main text is inferior to the other MSS mentioned above: it contains bad misreadings, and it shortens parties' names

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Author(s):

• Thomas Hamilton later 1st Earl of Haddington

No. of pages: Fol. 288r (= '388r') - 332r (= '432r'):

Incipit:

• [{i}First items:{/i}] Certification aganis an minor. Ane minor, haiffing intendit actioune of reductioun of landis acquyrid and conquesid to him be his father ... Ker contra tenentes of Cassnadend.

  K(ings) Advocat his concurs in an declaratour. In ane perswit of ane declaratour upone ane horning, gifted be the Lord off Regalitie, the concurs.

  Actor post litem contestatam non auditur de novo allegare. Contra in reo. Eftir litiscontestatioune the persewar will not be sufferit to eik to his reply.

  Decleische contra Andersoune. Ane executour may persew befor onie judge, but the executoris sould be persewit befor the Commisseris. Act judicial. Quhen any pairtie is actid judiciallie for payment of a gritt soume ... [{i}dated 1609/12{/i}].

  Weir contra Moffett. Bailzerie heretable. The Bischope of Murray, haiffand convenit certan of his tennentis for payment off maillis and dewteis and services contenit in thair servis, in his awine court befor his bailzeis ... [{i}dated 1609/12/2{/i}].

  [{i}Last eight items:{/i}] Ros contra Balnogaunin. In ane reductioun of ane comprysing it is not ane sufficient reasoun.

  Pitsligo contra Fillorth. Ane consent will not work against ane consentar post ius acquisitum.

  Skeen contra tennentis of Atholl. Promeis maid for payment of furnitour of meall and drink to be payit in Edinburht may be persewit befor the Commissarie of Edinburgh.

  Sinclair contra Coumptes of Eglingtoun. Ane persoun debarrit be horning and obiectioun proponit.

  Lord of Stair contra Dalrymple. Obiectioun of ane defect in subscriptioun of ane submissioun.

  Mathev contra Kilhaygy. Infeftment givine be the husband to the wyff stante matrimonio but any reductioun may be annullit be ane privat revocatioun.

  D. Eglingtoune contra his Lady. Althocht the Act of Parliament annull all assignatiounes maid stante rebellione, zit iff landis be disponit befor the rebellioun.

  Forbes contra M. of Huntlie. Be contract of alienatioun, the seller binding him to remowe tennandris

Explicit:

• the seller binding him to remowe tennandris ... failzie will be sufficient distress to inferr warandice. Finis corronat(!) opus