Manuscripta juridica

Ordo iudiciorum Scotiae - Treatise 'By proces is here meaned' ("Form of process") .

In sample texts the scribe inserts the date 1702 (pag. 24, 47, 96) - most probably because this was the year in which the author dictated the text, or in which it was copied. There exists a printed edition of this work.

It is listed in the appendix to 'Scotland under Jus Commune'. Yet, there the author inserted the date 1709 into the model texts - most probably because he updated the text in that year, for publication in print

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Author(s):

• John Spotswood

No. of pages: Pag. 1-182

Rubric: The forme of proces befor the Lords of Counsell and Sessione, according to the present practique, dictat by Mr. John Spotswood

Incipit:

• By proces is here meaned the divers steps or procedure of parties persewer and defender befor a judge, from the intenting first of ane actione to the finall determinatione of the causs.

  [{i}Further chapter headings within the work:{/i}] 1 Of advocationes (pag. 6). 2 Of ordinary actions (pag. 39). 3 Off suspensiones and reductiones (pag. 148). 4 Off protestationes for remeid of law (pag. 178).

  (End:) to show how this or any other proces is carried on befor the Parliament is beyond the designe of this undertaking, which is onlie to declair the generall forme of proces ... Sessione

Explicit:

• befor the Lords of Counsell and Sessione