Maitland's Practiques
played a significant part in the development of the Court of Sessions
after its reorganisation in 1532, and its content also reflects a wide
range of interesting political, legal, economic and social aspects of
Scotland at a critical time. This text is therefore of some considerable
value in the history of Scots Law, and is also of relevance to historical
scholarship in general.
MS Gen 1333
is a sixteenth century manuscript volume
from the collection of John Orr (fl. 1705); it also contains another set of
practiques - those of Henry
Sinclair, dating from 1540 to May 1549. Both items are paginated
individually, the second set of practiques (those transcribed here)
therefore beginning at a 'second' page one. It has been transcribed into modern form
by Robert Sutherland (retired Senior Lecturer, School of Law) as the Scots
secretary hand in which the original is written makes it somewhat
inaccessible to the reader untrained in Scots palaeography.
Robert Sutherland's transcription was published by the Scottish Record
Society (new series, vol. 30) in 2007. As well as a transcription, this document
includes a very useful introduction to the text, with biographical
information about Maitland, a discussion of the context in which the Practiques were written, and further details about the Glasgow
manuscript. Included is a set of incidental notes: these attempt to make
some initial juridical sense of the items as a help to ensure correct
transcription, where the originals are obscure, incoherent or otherwise
doubtful, usually because of the lack of punctuation. The transcription is accompanied by an appendix containing:
- a table of cases
- index of pursuers/petitioners
- index of defenders/respondents
- index of references
- a table of headings
Robert Sutherland's transcription (including appendix) as published by the
Scottish Record Society is presented here as a PDF file that can be
read using Adobe Acrobat. Download the file by
following the link below (owing to copyright restrictions, access is restricted
to users on campus only):
transcription
of Maitland's Practiques (with notes & appendix) by Robert Sutherland
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photograph of Lethingtoun (now 'Lennoxlove') House, Maitland's
ancestral home
©
Robert Sutherland
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