Manuscripta juridica

Formularium - Scottish Styles of proceedings in court (petitions mainly to the Lords of Council and Session, but also to other addressees).

This is not a fragment. It is a complete little work, providing styles for petitions in proceedings of various kinds: before the Lords of Council and Session, before the Justice General, before the Exchequer. The continuation also contains models for petitions to Parliament, to Privy Council, or to the Treasurer. Particularly interesting: a style for a petition to be admitted as an advocate, on p. 2 (transcribed below)

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No. of pages: Pag. 1-5, continued pag. 6-13

Rubric: Comm(ence)d February 28, 1699. The Advocates Style Book

Incipit:

• [{i}First entry:{/i}] Petition for a gratis warrant. That the action intended and depending befor your Lordships att my instance against B. for payment makeing to me, etc., as in the lyble, by reason of my poor condition and inability to defray the ordinary expenss and fees due to advocats, clerks and writers, cannot be prosecuted and followed furth unless your Lordships out of your wonted pity to persones in my condition indulges your petitioner a gratis warrant and the benefite of the poores rolle. May it therfor please your Lordships to grant me a gratis warrant in communi forma, and your petitioner shall ever pray.

  [{i}Last entry on page 5:{/i}] The joynt and severall anssers of B., C., D., and E, etc. Att the end of all anssers is a lyne, att some distance from the body of the ansser. The words in respect quairof etc. are commonly written, and it is that the petition ought to be refused in whole or in pairt or restricted, etc., according to the purport of the ansser. Finis [{i}remainder of the page is blank{/i}].

  [{i}A sign of reference on page 3 line 2 refers to a continuation pag. 6-13. First entry of continuation:{/i}] A petition of this kind is sometymes presented be the suspender, when the bill is past and he represents that he hes gotten payment.

  [{i}Last entry on pages 12-13:{/i}] Petition that the testimony of old men may be taken to lye in relenth. My Lords of Councell and Session, etc., showes your servitor A that, quhair thair are mutual actiones of reduction and improbation raised ... before my Lord Whitehill quhen his Lordship goes to the countrey in vacance A. T. J. and your Lordships etc.

  [{i}Interesting entry on page 2:{/i}] Petition to be admitted advocatt. That I have thes sundry years bypast been studyeing the civill and municipall lawes in order to qualify my selff in the employment off ane advocat befor your Lordships, and now am content to undergoe the ordinary tryall by examination upon the body of the civill law.

  Pag. 14-15 blank, but pag. 16 (half of which is cut away) has notes from a different hand, mentioning the years 1688 and 1707