Manuscripta juridica

Ius proprium Scotiae - Treatise "Minor practicks" .

No title. The book is dated in ink different from the main text's ink: 'This following book wes ended the 16th day of Merch 1664' - see page 3 of the resuming first series of numbering. Headings in the text are rare, but pages 2-21 and 43 have headers on the upper margins. A comparison to the other pertinent MS in the Advocates Library showed that the present MS abridges the text in many places where the latter MS is more detailed

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Author(s):

• Thomas Hope of Craighall

No. of pages: Pag. 1-6 (second series of numbering), [thereafter read pag. 1-2 above!], pag. 3-69 (first series of numbering resumes!):

Rubric: [{i}First heading:{/i}] The formes off the House

Incipit:

• First ther is on general, that no summonds can be called befor the Lords whill the first day off compeirance be bygone ... [{i}text breaks off on page 6:{/i}] And iff the defendar produce ane obligation off catione and that the cation be rejected upon the aledgiance off insufficiencie, most caices the Lords will asing a new dyett for finding off beter cation [={i}corresponds to page 5 line 27 of the other MS in the Advocates Library. The remainder of page 6 in the present MS is empty. A gap of text ensues: one or two sheets are missing. Similar breaking off in MS Edinburgh, NR Scotland,RH13/70. The text then continues on the sheet at the very beginning of the volume. There is no gap between that sheet and page 3 of the now resuming first series of numbering - which reads:{/i}] instantia, and the summonds can not be called except the samin be wakned and the partie of new summond - quhich may be done on tuo dayes warning or fewer, not vithstanding the principall summonds off its oun nature byds tuent(y) on dayes of warning [={i}normal end of this chapter. There follows the next chapter 'Off kirk and benefices'].

  [{i}Further headings, and headers at top of page:{/i}] Off kirk and benefices. Quhat benefices pertained to the king. Quhow the bishops planted thair kirks. Off the thrids. Off the priviledg off bishops, abbotts, etc. Off the jurisdiction off bishops. About confirmation of testaments. About testaments. Off airs and executors, and of the difference betuixt heretabill and moveable bands. Off diversitie of airs. Off the discussing of airs. Off a number off daughters. Off ward. Off non-entrie [{i}pag. 21{/i}]. Off the jurisdiction off shiriffs [{i}pag. 43{/i}]

Explicit:

• [{i}on page 69 - which is actually the 75th page of the text in the present MS:{/i}] but cum sua conditione et causa. Finis