Manuscripta juridica

Ordo iudiciorum Scotiae "Modus tenendi curias baronum" (in Scots)

---

No. of pages: Pag. 99v-118r

Rubric: The forme and maner of Baron Court

Incipit:

• The place, persons and fensing of the Court. Chapter 1 First and formest, quhere court sould be halden, their aucht to compeir at ane certaine place within the Baronie (the quhilk place is called the chemys) the Baillie of the Baronie, with sufficient power be letter and seale of the Baron, with his Clerks, his Serjand and lawfull and sufficient soytours. (2.) And then at the beginning, the Clerk aucht to titil the court, making mention of day, zeare, and place, and quhen, and quhere the court is halden; with the date of our Lord, and the name of the Baron. (3.) And then the serjand aucht to gar call the soytours ains simplie; first the out soytours of the court, gif there any be, and syne the insoytours. (4.) And quhen they all are ains called.

  [{i}Further chapter headings:{/i}] Of attachments, chap. 2. Of citation, or summondes, chap. 3. Of finding of borghs be the persewer and defender, off arreistment and attachment, chap. 4. Of ane seriand not making attachment upon the defender, chap. 5. Of essonzies and defaults made be the persewer or defender, chap. 6. Of the persewer compeirand the first day, and the defender absent, chap. 7. Ane distres takin from the defender for his default, in the first, secund and thrid courts, chap. 8. Of the partie defendand compeirand the thrid day, chap. 9. Anent the defender compeirand the fourt day and usand na defence, chap. 10. Of the summons or challenge admitted to probation, chap. 11. Of divers kindes of probation, chap. 12. The defender may acquite himselfe, gif the persewer hes na probation against him, chap. 13. Anent the execution of decreits of debt, chap. 14. Of the time, forme, superiour judges, and unlaw in falsing of decreits, chap. 15. It is lesome to appeill to the Parliament, fra the quhilk there is na appellation, chap. 16. Domes of burrowes sould be falsified before the Chalmerlane, chap. 17. Of the persewer not compeirand the thrid day, chap. 18. Modification of the expenses of pley, chap. 19. The forme of challenge, or libell, chap. 20. Of the persewer or defender warned to heare decreit pronunced, chap. 21. Of either of the parties failzeing, or being absent in the time of probation, chap. 22. Of the parties not compeirand in time of acquitance, chap. 23. Of ather of the parties not compeirand the third day, chap. 24. Of replegiation of ane man fra ane court to another, chap. 25. For quhat cause the lord may tyne his court, chap. 26. The challenge of stollen cattell, chap. 27. The challenge of ane waif beast, chap. 28. Of him quha alledges to ane warand and failzeis thereintill, chap. 29. He quha is called for warant may not be repledged fra that court, chap. 30. The restitution of poynds alledged wrangouslie taken, chap. 31. Of the maner and forme to challenge thift, chap. 32. Challenge of roborie, chap. 33. Of the causes and maner of continuation in ane processe or pley, chap. 34. Of the power of soyters, chap. 35. Of ane suspect judge, chap. 36. Of the office of ane judge, chap. 37. Of divers kindes of borghs, chap. 38. The borgh may not be compelled to pay sa lang as the debter is responsall, chap. 39. The forme of essonzie, chap. 40. Of ane manslayer and his lands, chap. 41. The liferent escheit of ane manslayer after zeare and day may be disponed be the king ..., chap. 42. The paine of treason against the king or overlord, chap. 43. The wife may revoke the alienation made be her husband, chap. 44. The lord may prove nathing against his man, gif he will acquite against his lord, chap. 45. Ane condemned theif sould not be redemend nor pardoned, chap. 46. Anent courts of crime and heretage, chap. 47. Service done be the tennent prejudges not his lord, chap. 48. The tennent is not oblist to his lord sic service as he did be compulsion to others, chap. 49. The lord may not recognise the waist lands for the annuels bygane, chap. 50. The lord may recognise the tenement for service, chap. 51. Of fishing and hunting, chap. 52. Anent coming to heid courts, chap. 53. Of the essonzies of soyters, chap. 54. Of the citation of the soyters and parties, chap. 55. Ane borgh sould not be found for ilke exception, except it be frivoll, chap. 56. Ilk man sould be summoned anent his heretage be the king's brieve, chap. 57. Of shawing of halding, chap. 58. Of them quha sould speik in court, chap. 59. Of escheits, and first of all things havand na lord, chap. 60. Escheit of beasts be pasturage, or within forrests, chap. 61. Of ane hors that drouns ane man, chap. 62. Of beasts slaying ane man, chap. 63. Of ane milne and ane man slane with the quheill thereof, chap. 64. Of ane wayf best, chap. 65. Lands of manslayers, thieves, and traitours, chap. 66. Of the qualities of ane soyter, chap. 67. Any man streinzeabil may be borgh for his awin unlaw in court, chap. 68. Anent the imprisoning of ane frieman, chap. 69. Ane malefactour halden attour ane night may be borrowed be his lord, chap. 70. Ilk baron may clenge his lands of trespassors thrise in the zeare, chap. 71. Of injury done in court to the judge, chap. 72. Of him quha failzies to acquite himselfe of thift, chap. 73. In criminall causes baith the persewer and the defender sould finde ane borgh, chap. 74. In criminal causes the partie sould be summoned upon fourtie dayes, chap. 75. Of delayes granted to the defender, chap. 76. The defender compeirand the thrid day may use all his defensis, chap. 77. The appeill in criminal causes followed be sicker borgh, chap. 78. The answere of the defender, chap. 79. The cause for the quhilk the harmes are heighlie taxt, chap. 80. The judge may persew at the kings instance, albeit the defender be quite at the instance of the partie, chap. 81

• (There precedes a foreword 'To the reader':) Gentle reader, this treatise following, and written in English language be some learned lawyer, not lang time bygane, as the style of the samine declares, is published with the rest, because it conteines ane interpretation of divers and sundrie chaptours of the treatise immediatlie preceeding, as is noted in the margin. And alswa many profitable principals and rewles of the lawes of this Realme, worthie to be remembred.

  (End, text of last chapter = nr. 81:{/i}) And it is to wit that the defender may na wayes escape, bot gif it sa be, that the partie followand can not make him lawfull soyte, because of the quhilks the partie defendand may take against him or his challenge any lawfull exception, and throw dome of court receid and quite pas. (2.) And nevertheles the judge may of law gar knaw upon the dead be ane ssise, for the Kings parte, gif him likes, although he be sa passed away, fra the challenge of his partie, ... and forme

Explicit:

• as in the default of formall soyt, not made in dew maner and forme