Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Ordo iudiciorum Scotiae - Treatise 'In all actiounis and pleyes thrie persounis are necessar' ("Form of process")

Incipit:

  • In all actions and pleyes, [and then:] thrie persons are necessare

Explicit:

  • actionibus\ interrogatoriis\ de\

Ordo iudiciorum Scotiae - Treatise 'In all actiounis and pleyes thrie persounis are necessar' ("Form of process") , edited in print in 1609.

The text is known to have been re-edited by Thomas Thomson (1768-1852), but the volume does not mention this fact.

[{i}Title page:{/i}] A compilation of the forms of process in the Court of Session during the earlier periods after its establishment; with the variations which they have since undergone, and likewise some antient tracts concerning the manner of proceeding in Baron Courts, etc. Published by order of the Commissioners lately appointed by His Majesty for enquiring into the administration of justice in Scotland. Edinburgh: printed by James Ballantyne and company, 1809. Octavo [{i}Edinburgh, Advocates Library, shelfmark 'Scots Law C.27.2'{/i}].

[{i}Description in the Table of Contents:{/i}] A Form of Process, understood to have been composed by Habbakuk[!] Bisset, clerk or secretary to Sir John Skene, Lord Clerk-Register, and first published in 1609

No. of pages: Pag. 1-62

Rubric: Ane short forme of proces, presently used and observed, before the Lords of Counsell and Session. (This tract was published in 1609 by Sir John Skene, Lord Clerk Register, and appended to his Scottish translation of the Regiam maiestatem. It is supposed to have been compiled by his clerk, Habbakuk Bisset)

Incipit:

  • Chapter I. Of judges and division of actions 1. In all actions and pleyes, thrie persons are necessare, judex, the judge; actor, the persewer; reus, the defender. Lib. 2. c. 2. c. forus. 10 de verb. signif. extr. [X.5.40.10].

    2. The judge hes divers and sundrie jurisdictions.

    (End:) He has sufficient ground and richt to reduce the samine decreit; be reason of his probable ignorance as said is. Quia quae de novo emergunt, vel ad notitiam perveniunt, novo indigent auxilio c. Caeterum, et ibi gl. de juram. calum. extr. [X.2.7.5], l. 1. ff. de ventr. inspic. [D.25.4.1], l. plane. 4. ut in possess. legator. [D.36.4.4] ... actionibus

Explicit:

  • l. de aetate 11 ยง Ex causa ff. de interrogatoriis actionibus [D.11.1.11.3]