Manuscripta juridica

Ordo iudiciorum Scotiae - Treatise 'Ane proces comprehends the instruments' ("Form of process") , printed with Stair's Institutions 1681.

Old pagination in ink 1-5. The margins are badly damaged, with loss of paper

---

No. of pages: Fol. 1r-3r, 5r-18

Rubric: The forme of proces used befor the Lords of Sessione, writen by my Lord Stairs Presedent. Dulcia non meruit qui non iustavit [{i}remainder illegibly corroded, and parts of the paper are lost{/i}]

Incipit:

• A proces comprehends the instruments and order [{i}gap because paper lost{/i}] the administration of justice. By instruments [{i}gap because paper lost{/i}] monies as oathes of pairties, wittneses and others. Proceses are brought in befor the Lords divers [{i}gap because paper lost{/i}] instance, some in the second. In the first instance [{i}gap because paper lost{/i}] of old was by ordinar summonds, quhilk were [{i}gap because paper lost{/i}] Signett, without ane bill or warrand from [{i}gap because paper lost{/i}] and matter of them was so current and known [{i}gap because paper lost{/i}] of Chancellarie.

  [{i}Text is interrupted soon after the beginning of title 2, leaving the remainder of the line and fol. 3r-4v blank:{/i}] Anent advocationes. In advocationes, the causs being called, the raiser of the advocatione may compeir ... the persewer of the principall cause and defender of the advocatione compeires when the cause is called and produces.

  [{i}Text continues fol. 5r-18r:{/i}] Anent reductions. In reductions there ar severall things different from ordinarie proces.

  [{i}Further chapter headings:{/i}] Certificatione in reductione. Anent protestationes. Anent discussing of ordinar actiones. Anent defences. Anent continuatione of summonds. Anent exceptiones. Anent dilator exceptiones. Anent peremtor exceptiones. Anent nullities. Anent holograph. Anent prescriptione. Anent innovationes. Anent res judicata. Anent litis contestatione. Anent competitione. Anent double poynding. Anent presumptiones. Anent oathes. Anent probatione be witnesses. Anent [{i}gap because paper lost{/i}]. Anent circumductione of the [{i}gap because paper lost{/i}]. Anent [{i}gap because paper lost{/i}] tness. Anent [{i}gap because paper lost{/i}] the cause. Anent renunceing probatione. Anent qualified oathes. Anent oathes extrincik [{i}gap because paper lost{/i}]

Explicit:

• that he may have the Lords answer ... [{i}gap because paper lost{/i}] demand will not refuse

Colophon: Finis coronat [{i}gap because paper lost{/i}]. Ended the 3 of December 1 [{i}another gap because paper lost{/i}].

Fol. 18v Probationes pennae, and a damaged note in Latin, incompletely legible