Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Ius proprium Scotiae - Practicks (general digest of law, alphabetical), loosely connected to Robert Spottiswoode : index


Author(s):

  • Robert Spottiswoode (secundum eum)

Incipit:

  • To inquyre in all summons the [and then:] persewers interest

Explicit:

  • therin\ them\ of\ maid\ mentione\

Ius proprium Scotiae - Practicks (general digest of law, alphabetical), loosely connected to Robert Spottiswoode: index .

No mention of an author, no title, but there is a note in the margin, not far from the beginning: 'Spotswoods practicks'. Same scribe as before. This is a long list of concisely worded points of law, each point referring to a keyword. An Act of Sederunt of 1626 is mentioned. It is probably a preparatory stage towards constituting an index to a collection of Practicks - maybe Spottiswoode's. In a subsequent stage, the list's entries were meant to be copied in alphabetical order of keywords.

It appears that the indexed work was in itself also arranged under keyword titles which followed a loose alphabetical order. While the author of the index worked his way through the text in order to extract index entries, he noted the keyword titles. Many of them correspond indeed to titles in alphabetised copies of Spottiswoode's Practicks, and partly even in the same wording and sequence, but the connection to these other MSS appears to be only a loose one.

[{i}Keyword titles used:{/i}] Ane table of summons. Advocati infantia. De cumulatione [{i}here is the above mentioned note in the margin:{/i} Spotswoods practicks]. Of adiudication. Of airis and airship. Of arbiters. Of assignations and intimations. Of annuellrents. Of bastards. Of breives, retoures, services and barratrie. Of commissariots. Of comprysings. Of contracts and obligations. Of conjunctfee and lyferent. Of coalheughts. Of conqueis. Of chartours. Confirmation of kirklands and uther infeftment. Of contravention of lawborrows. Of courts. Of custome of barony and burghe. Of disclamatione. Of divorcement. De dolo et fraude. Of ejection and spulzie. Of entrie to lands. Of escheit and lyferent. Of exceptions. Of executors. Of exhibition and delyverie of wryts. Of fewes. Of fishings. De furiosis et prodigis. Of horning. Of husband and wife. Of improbation. Of incident diligence. Of inhibitions. Of instruments of notars. Of interdictione. Of judges. Of kirkmen and kirk patrimony. Act of Session anent the possessione of kirklands 16. December 1626. Of legacies. Of legittimation. Of letters conforme. Of litiscontestation. De locato et conducto. Of marriadge. De metu. Of minors and pupils. Of molestatione. Of mortification. Of mylnes and multures. Of mynes. Of non-entrie. Of notars. Of parts and pertinents. Of pasturage. Of payment of maills and dewties. Of pensions. Of possession. De prescriptione et usucapione. De presumptionibus. Of priviledges. Of probation. Probation be wryte. Probation be witnes. Probation be oath of partie. Of the proving of the tenor of evidents. Of procurators and actornays. Of purpresture. Of recognition. Of redemption. Of reduction. Of regalities. Of registration. Of regresse. Of releife. Of removing. Of rentall. Of renunciatione. Of reprobator. Of resignatione. Of restitutione in integrum. Of reversione. Of revocation. Of saisine. Of schireffs. Of successors and successione. Of summons and lybell. Of tacks and assedations. Of terce. Of testaments. Of title and right. Of transferring. Of transumption. Of tutors and curators. Of ward. Of warrandice. Of vassals. Of violent profits. Of union. Of woods. De usufructu, usu et habitatione.

[{i}First keyword title:{/i}] Ane table of summons


Author(s):

  • Robert Spottiswoode (secundum eum)

No. of pages: Fol. 32r-48rb (= 187632):

Incipit:

  • To inquyre in all summons the persewers interest, to observe that all parties having interest be charged, and to lybell as particularlie as can be: Parts of summons.

    Any partie may passe from his summons, suppose he have summondt the partie, if he thinke it not expedient, or from any one or more partie summond: Passing from summons.

    Summons may be both tabulat and continued upon the day of compeirance --ยป Tabulating of summons

Explicit:

  • an assignation does not passe over to the aires and assignays except that there be mentione maid of them therin.