Manuscripta juridica

Ius proprium Scotiae - Treatise "Minor practicks" .

[{i}Title page:{/i}] Minor practicks, or, a Treatise of the Scottish Law, composed by that Eminent Lawyer Sir Thomas Hope of Craighall, Advocate to his Majesty King Charles I. To which is subjoined, A Discourse on the Rise and Progress of the Law of Scotland, And An Alphabetical Abridgement of the Acts of Sederunt, from the Restauration, to this present Year [{i}edited by Alexander Bayne{/i}], Edinburgh 1726 [{i}copy at Aberdeen, UL, shelfmark pi 34702 Hop, belonged to James Menzies, saec. XVIII{/i}].

A preceding letter to the reader states that the edition was based on a manuscript owned by Sir Archibald Hope of Rankeillor, Senator of the College of Justice [= grandson of the Lord Advocate]. The edition is divided into unnumbered titles, but the paragraphs within the titles are continuously numbered from the beginning to the end of the work, 1-370. For each title I list first its folios in the edition 1724, then in square brackets the title number in the edition 1734 (if any), then the heading in the edition 1724, and finally the first and last words

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Author(s):

• Thomas Hope of Craighall

No. of pages: (item 1)

Incipit:

• (Fol. 1-40) [= 1] The form of process before the Lords. [{i}Incipit of chapter 1:{/i}] There is a general, that no summons can be called before the Lords while the first day of compearance be bygane ... abydes twenty one days warning ... [{i}Explicit of chapter 1:{/i}] principal summons, of its own nature, abides twenty one days warning [{i}corresponds to the middle of the penultimate paragraph in the edition of 1734{/i}].

  (Fol. 41-66) [= 2] Of kirks and bishops. [{i}Incipit of chapter 2:{/i}] All kirks are either several benefices, or are part of benefices ... [{i}Explicit of chapter 2:{/i}] annexed to the bishoprick of Galloway.

  (Fol. 67-98) [= 3.1] Of testaments. [{i}Incipit:{/i}] The bishops of old had double jurisdiction ... [{i}Explicit:{/i}] which in my judgment is nowise equitable.

  (Fol. 99-104) [= 3.3] Of heritable and moveable bonds [{i}Incipit:{/i}] Item the distinction betwixt a moveable and heritable bond ... [{i}Explicit:{/i}] which they have been compelled to pay.

  (Fol. 105-115) [= 3.4] Of the succession of heirs. [{i}Incipit:{/i}] Item, albeit the heir may be pursued post annum et diem ... [{i}Explicit:{/i}] heirs of the bairn on the father's side cannot possibly succeed.

  (Fol. 116-125) [= 4] Of ward and non-entry [{i}Incipit:{/i}] Item, if the lands which pertain'd to the defunct ... [{i}Explicit:{/i}] securitatem pro duplicatione feudifirme.

  (Fol. 126-132) Old and new extent. [{i}Incipit:{/i}] Memorandum, the retour of ward ... [{i}Explicit:{/i}] nature of an infeftment of property, ad tempus.

  (Fol. 133-135) Precepts directed to the superior. [{i}Incipit:{/i}] Where lands are retoured to be holden of another superior ... [{i}Explicit:{/i}] if he had been retoured.

  (Fol. 136-138) Precepts of sasine and clare constat. [{i}Incipit:{/i}] But there is a difference betwixt a sasine upon a retour ... [{i}Explicit:{/i}] upon 60, if he be without the kingdom.

  (Fol. 139-148) Tinsel of superiority. [{i}Incipit:{/i}] After which charges, the days being expired ... [{i}Explicit:{/i}] sed non perfectione, till it be confirmed.

  (Fol. 149-165) [= 5] Base and publick infeftments. [{i}Incipit:{/i}] A base infeftment being disponed ... [{i}Explicit:{/i}] by payment of the retoured duty.

  (Fol. 166-168) Necessity of confirmatione. [{i}Incipit:{/i}] Item, the necessity of confirmations to be past ... [{i}Explicit:{/i}] to be holden of the superior.

  (Fol. 169-170) [= 6] Of wadsets, reversions and regress. [{i}Incipit:{/i}] Item, where lands are disponed in wadset under reversion, either the wadset is to be holden ... [{i}Explicit:{/i}] in his person unwadset and undisponed.

  (Fol. 171-178) Of the nature of reversions. [{i}Incipit:{/i}] All reversions are stricti iuris ... [{i}Explicit:{/i}] pertains to him, by disposition of the law.

  (Fol. 179-201) [= 7] Of liferent escheat. [{i}Incipit:{/i}] Item, the right of the liferent escheat ... [{i}Explicit:{/i}] and litiscontestation made in the special.

  (Fol. 202-214) [= 8] Of signatures and seals. [{i}Incipit:{/i}] A signature is properly a letter of gift, donation, or disposition ... [{i}Explicit:{/i}] de facto they are both appended.

  (Fol. 215-218) Of sasine, and the precepts. [{i}Incipit:{/i}] Item, some letters and charters, which pass the Great Seal ... [{i}Explicit:{/i}] neither in charter, nor sasine.

  (Fol. 219-238) [= 9] Of the inferior jurisdictions. [{i}Incipit:{/i}] The jurisdiction of a baron or barony ... [{i}Explicit:{/i}] like effect by act of prescription.

  (Fol. 239-261) [= 10] Of judgments possessory and petitory. [{i}Incipit:{/i}] Possessorium iudicium is properly this, where a party is pursued to remove from lands ... [{i}Explicit:{/i}] against the party compearing.

  (Fol. 262-285) [= 11] Of apprisings and adjudications. [{i}Incipit:{/i}] Comprisings may be led either upon a personal bond, or upon a real right ... [{i}Explicit:{/i}] troubling and molesting the superior in time coming.

  (Fol. 286-291) [= 12] Of reductions and improbations. [{i}Incipit:{/i}] Where summonses of improbation are simply raised, without reduction, then in effect ... [{i}Explicit:{/i}] the same in that same process.

  (Fol. 292-331) [= 13] Of warnings and removing. [{i}Incipit:{/i}] Item, in actions of removing, the defences are either peremptory of that instance ... [{i}Explicit:{/i}] not probable by witnesses, but by writ or oath of party.

  (Fol. 332-353) [= 14] Of diversity of decreets. [{i}Incipit, corresponding to the penultimate paragraph of title 14 of edition 1734:{/i}] When the decreets of removing were given before the sheriffs of old ... [{i}Paragraph 333:{/i}] Decreets, or letters conform, are now commonly craved upon rolments of courts or decreets of baron courts ... [{i}Explicit:{/i}] principaliter and primario, and the retours to fall in consequentiam.

  (Fol. 354-356) [= 15] Of assignations. [{i}Incipit:{/i}] An assignation made by the heritor of lands, to the mails ... [{i}Explicit:{/i}] the title of the benefice is not disponable by assignation.

  (Fol. 357-370) [= 16] Of tailzies. [{i}Incipit of chapter 16:{/i}] There is a difference betwixt a bond or contract of tailzie and an infeftment of tailzie ... [{i}Explicit of chapter 16:{/i}] they cannot have the right, nisi cum sua conditione et causa

Explicit:

• nisi cum sua conditione et causa.

  [{i}Appendix - as in Edinburgh, NL Scotland, Adv.MSS.6.2.4, 24.1.6, 24.3.9, London, BL, Lansdowne 605, Edinburgh, Advocates Library, '9/6':{/i}] Nota, poinding must always go before comprising, and therefore since I cannot poind but for a debt ... execution

• (end of appendix:) adjudication carries both action and execution. Finis