Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Ius proprium Scotiae - Treatise "Minor practicks"

Author(s):

  • Thomas Hope of Craighall

Incipit:

  • First there is a generall rule [and then:] that no sumonds can be called

Explicit:

  • causa\ et\ conditione\ sua\ cum\

Ius proprium Scotiae - Treatise "Minor practicks" .

No title. The text is almost completely anglicised, but Latin passages are not translated. Good Latin. On the margins, readers' comments in hasty handwriting. Foliation on the inner margins, by the writer of the main text. Pagination on the outer margins, by later hands

Author(s):

  • Thomas Hope of Craighall

No. of pages: Fol. 1r-47r = pag. 1-93:

Rubric: [{i}First heading:{/i}] Anent the forme of proces before the Lords

Incipit:

  • First there is a generall rule that no sumonds can be called before the Lords while the first day of compearance be bygone, except allanerly in receaving of witnesses.

    [{i}There exists only one further heading, in fol. 5v:{/i}] Of kirks and benefices

Explicit:

  • because they cannot have the right bot cum sua conditione et causa.

    [{i}Appendix fol. 47r-v = pag. 93-94, also present (somewhat shorter or longer) in MSS Edinburgh, NL Scotland, Adv.MS.6.2.4, 24.1.6, 24.3.9, London, BL, Lansdowne 605, and in the printed edition 1726:{/i}] Memorandum: the two following paragraphs are found added in the end of some copies. And it seemes that they might be fitly set downe in the end of the discourse concerning comprysings and adjudications.

    Nota, poynding must all wayes goe before comprysing, and therefore, since one cannot poynd bot for a debt whereof the terme of payment is come or bygone, so neither can I compryse bot for the like debt. It is otherwayes in adjudications. For when I charge one to enter air to my debtor, that I may have sicklike execution against him as against the principall debtor, if he comence to be air, then I have recourse contra haereditatem jacentem, that omne jus thairof may be adjudged to me, not only for bygone debt whereof the terme of payment is come, bot also for debt that hath tractum temporis futuri - as liferents.

    And if some other creditor come in, he must not only pay me all bygone, bot also secure me for all tymes coming, before I be holden to quitt my right in his favours. And so it seems that comprysings carry only execution, bot adjudications carries both action and execution

Colophon: Finis. Ended the 5. of Januarii 1655. Finis