Manuscripta juridica

Ius proprium Scotiae - Treatise "Minor practicks": (substantially enlarged) .

No mention of an author, and no title. This is a reworked and enlarged version of Sir Thomas Hope's well-known text. Whereas the original text ends with a chapter on tailzies (which is also comprised in the present reworked text, fol. 116r-118v), the present MS adds new text of substantial length, covering yet another leaf.

The handwriting differs from fol. 31-79. Changes of hands also occur from fol. 94v to fol. 95r (without interruption of the text) and from fol. 100v to fol. 101r (and here is a gap in the text - and it is unclear how much text is missing)

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Author(s):

• Thomas Hope of Craighall

No. of pages: Fol. 80r-119v

Incipit:

• First thair is ane generall that na summonds can be called befoir the Lords whill the first day of comperance be bygane.

  [{i}Headings of chapters:{/i}] Anent kirks and bischops and distinction of benefices. Anent patronages ecclesiasticall. Anent laick patronages. Anent laick patronages perteneing to the crowne. Anent thrids, ther assumption zeirlie, platt and superplus. Anent chaptours. Anent conventionall brethren. Anent ministers and collegiall kirks. Anent chapells and prebendareis. Anent commissars. Anent testaments. Anent what band, and when ane air is conveneable. Anent universall successours. Anent bands moveable and heretable. Anent diverse sorts of aires, and how ther should be persewed. Anent what is dew to the air generall. Anent succession to heretage and diversitie thereof. Anent the succession to reversions, tacks, etc. Anent wardlands, donatours to a ward and his power in removeings. Anent non-entrie simplie and subsequent to a ward, and anent ward and mariage, to whome ther perteane. Anent mariage falling be deceis of a major unmaryed and minor maryed not infeft, and anent tuo donatours to a subsequent mariage. Anent the releiff dew to the superiours at the entrie to ward, blensch or few lands. Anent the old and new extent and reasone of difference thereof. Anent the retourit dewtie. Anent precepts of seasine direct to the schireff. Anent the Book of Responde and uses therof. Anent taxt and simple ward. Anent precepts of seasine to superiours and the reasones of suspending thereof. Anent precepts of 'Clare constat' and difference from a precept of seasine. Anent the lose of superioritie and diverse cases thereof [{i}on fol. 95v. Thereafter{/i}{i}a different scribe took over (fol. 96r), but the text continues without a gap{/i}]. Anent infeftments base and publict. Anent infeftment wpon resignation and confirmation, and there differences. Anent resignation prior and posterior, and there different effects. Anent necessitie of confirmation and wodsets under reversion and renunceation in redemption. Anent reversione (fol. 97v). [{i}There follow 37 other headings, and then, fol. 116r-118v:{/i}] Anent tailzies: ther is a difference betuixt a band and contracts of tailzies, and ane infeftment of tailzie ... becaus thay cannot have the right bot cum conditione et causa [{i}= the usual end words of Hope's "Minor practicks" - but the text continues with seven further chapter headings:{/i}] Anent the ordour of the Chancellarie. Anent ane air of ward lands not enterand ofter the ische of the ward. To whome tutours ar gevin. Who may choyse curatours. What is understude by terce or dowrie. Anent the restitution of conjunctfie when it hapnes the husband to die withthin zeir and day.

  [{i}Last chapter:{/i}] Anent tacks and assedatiouns. Iff any man sett a tak to ane widow for certane zeires or for hir lyftime, if shee marie without his consent, shee tynes hir tak, suppois it be not mentionat in hir tak and assedation. Ane tak sett be ane lyfrentar indures for the lyftime of the setter and whill warning be maide of his death