Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]






Edinburgh, NL Scotland, Adv.MS.24.1.4


Century: XVII ex. vel XVIII in.

Number of folios: 391

Material: chart.

Height: 395

Width: 262

Previous shelf mark(s): A.3.3

Scribe(s) / Possessor(s):

  • Alexander Colville commendator of Culross(?). Described as 'Colville's manuscript' by Robert Sutherland in the preface to his edition of Maitland's Practicks, but I found no evidence for this claim (Possessor)

Cover: saec. XIX, leather on thick cardboard, spine renewed saec. XX</p> <p> Watermark: fleur-de-lis, large, with three ribbons (Strasbourg) and underneath a rectangle with letters, maybe T h O, altogether 90 mm high (flyleaf ii); bunch of grapes, large, 34 mm high (fol. 6, 15, 20, 30, 79 [good]), with countermark large rectangle with letters, probably T V D (fol. 7, 9-10, 17, 24, 66, 78); fleur-de-lis, large, with three ribbons (Strasbourg) without letters underneath, 78 mm high (fol. 81-84, 90, 93, 112, 134, 149-150 [good], 183, 212, 269, 286 [good], 295, 320, 387, 389 [good]), with countermark narrow rectangle with letters, probably Th O (fol. 91-92, 113, 135, 151, 168 [good], 296, 321, 388 [good]).</p> <p> Second flyleaf, note by S. Ruddiman: [{i}this note about the model MS from which the present MS was copied might refer to MS Edinburgh, UL, Laing III.429. Compare also MS Edinburgh, Signet L, 37{/i}]: 'This volume was transcribed from the authentick manuscript in the copious library of the worthy and learned gentleman Sir Alexander Seton of Pitmedden, knight and baronet, sometime one of the senators of the Colledge of Justice and Lords of Justiciary, who in the year 1686 was removed from the same for defending the penal law made against popery, being then a member of Parliament, who gives the following account of the booke and authors.</p> <p> This volume, sayes he, contains the ancient decisions of the Lords of Session in three several collections, made by three of their number successively.</p> <p> The first of these collections contains the decisions from the 15 June anno 1540 to the 15 February 1548, and was made (as some say) by Mr. Henry Sinclair, Parson of Glasgow, one of the Spiritual Lords of Session, admitted 13 November 1537, as the Books of Sederunt bear. But I rather think the author was Mr. John Sinclair, Dean of Restalrig - who afterwards was made President of the Session, and Bishop of Brechin, for so sayes Knox, History, lib. 1 p. 106 of the edition in folio anno 1644. This Mr. John Sinclair is mentioned in the Sederunt of the Lords 15 November 1540. Moreover, had these decisions been collected by Mr. Henry Sinclair, the collection would have begun at his admission in November 1537, and not at 15 June 1540, which is the year of Mr. John Sinclair being first named in these books, and consequently of his admission.</p> <p> The second of these collections commences from 15 of December 1550, to penultimo of July 1565, and was made by Sir Richard Maitland of Lithington, who was admitted an Ordinary Lord 12 of November 1561, in place of William Hamilton, and was father to the Secretary and Chancellar of that name.</p> <p> The third collection of decisions contains these which past from 24 March 1570 to [{i}blank space{/i}] of April 1584 and was made by Mr. Alexander Colvil of Culross, chancellar of the bishoprick of Glasgow. Nota: This Lord Culross gave a dimission of his place of Session, in which John Gibb, the king's servant, was successor for him, but the dimission was not accepted, but returned. Vide 21 and 26 day of June 1587.</p> <p> To which is subjoined a compend of decisions by an uncertain author, together with an inventory of pious donations made in this kingdom in the dayes of King James 1st, 2d, 3d, 4th, Queen Mary and King James 6th.'.</p> <p> Handwriting: It appears that the entire volume was written by but one hand, on two types of paper only.</p> <p> Pagination: Modern foliation in pencil. Old pagination in ink in four series of numbers. The second series of old pagination starts at fol. 92r at the beginning of Maitland's Practicks. The third series starts at fol. 150r, at the alleged beginning of Colville's Practicks. The fourth series starts at fol. 287r, at the beginning of anonymous Practicks, and runs from p. 1-85 on fol. 329r. The index, fol. 330r-388r, was not paginated, in origin

Literature quoting this MS: Dolezalek, Scotland under Jus Commune, vols. 1 and 2

Analyzed by: Dolezalek*