Manuscripta juridica

Ordo iudiciorum Scotiae - Treatise 'Tabulat summonds' ("Practica forensis") The work contains many reports of decisions. It dates from the beginning of the 17th century, but for the present copy the extent of adaptation to English usage rather points to the middle decades of the century - this is corroborated by the character of handwriting and type of paper (observe the watermarks). At times the text quotes statutes, and particularly from fol. 114 onward many abstracts of court decisions are interspersed. The text might therefore even be characterized as yet another collection of 'Practicks'. Unfortunately almost none of the decisions are dated. Those few which mention a date originated from the first two decades of the 17th century, up to 1620 (fol. 135r). The one phrase in which the Library's inventory describes the present item mentions the year 1662 - but I did not find that date. Furthermore reference to the Corpus iuris civilis is made (e.g. fol. 123v-124r). Ink faded. Small hasty handwriting with many abbreviations. In some outer margins there are additional keywords to subdivide lengthy chapters. Old pagination in ink 1-96

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No. of pages: Fol. 93r-139v

Rubric: Practica forensis

Incipit:

• Tabulat summonds which cometh in upon 21 days are s. of spoilzie, declarator of escheit, poynding of the ground, wrongous intromission, reduction, ejec(tion), intrusion, for implement of a band, of transferring of a band, of extracting of ane evident, of violent profitts. Untabulat summonds, quhich cometh in upon 6 days are s. of double or triple poynding, of arreistment.

  [{i}Further chapter headings:{/i}] Anent shirreffs and comissars decreets. Reversioun. Redemptioun. Anent praescription of spoilzes, exceptions not contained in the Act of Parliament at Edinburgh 20th October 1579, Parl. 6, 81. Anent comprysings [fol. 103r]: All process of comprysings are either led and deduced in the ordinar place ... Advocati infantia [fol. 107]: Wher any man is charged to find lawburrowes, if he committ any ryot against the raiser of the lettres ... Act anent cautioners [1610/2/10, fol. 108v]. Decreet dockmaill [1618/12/5, fol. 112r]. Divorcement and adherence [1610/12/7, fol. 112v]. The order of summonds [fol. 114r]: In summonds ther is first the day of compearance if the summonds bydes no continuatione, as in removings - the defender after the day of compearance sies the peeces. If it abydes continuatione, ther is first the day of compearance, next the continuatione. The second summonds are upon 6 dayes or shorter or longer, according to the dwelling place of the partie ... 24 (End:)In ane action persewed be Wardeis contra Blackhall, Wardies sought executione upon ane registrat band. Blackhall suspendit upon payment made to another quho wes righteous creditor, becaus Wardies his name wes bot onlie borrowed; quhich he referred to Warrdies oath. And wes fund relevant be the Lords, ... band

Explicit:

• not withstanding of Wardeis his band. [{i}The remainder of the volume does not contain legal literature{/i}]