Manuscripta juridica

Ius proprium Scotiae - Treatise "Minor practicks" .

No title, and no mention of the author. Not identified in the catalogues. Spot checks showed that the text corresponds to Edinburgh, NL Scotland, Adv.MS.81.4.12. I found only two chapter headings - see below, fol. 6v and 10r.

The text is already anglicised. Usually 'quh' is regularly replaced by 'wh', but a few 'quh' still survive. 'Nocht' is always abridged 'no.t', so that one cannot see whether the old form was still used. 'Ane' usually becomes 'a'

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Author(s):

• Thomas Hope of Craighall

No. of pages: Fol. 1r-78v

Incipit:

• First, there is a generall, that no summonds can be called befoir the Lordes till the first day of compeirance be byegane, except onlie in receaving of witness, which may be called upon the verie first day of compeirance.

  Item the like ordor is keeped in calling of actes - which cannot be called upon the first day of compeirance, except for witness, as said is.

  Item, although sumonds can not be called upon the first day of compeirance to compell the defender to ansser, yet they may be bothe tableit and continewed upon the first day of compeirance. Item after the first day of compeirance be bygone, the persewer may call any day therefter, being within the yeir. And if the defender compeir, he is ordeint to sie the peeces. And if ther be more defenderes then one, they are ordeint to sie the peeces - in the howse of any one advocat quhom the judge sall appoynt.

  Item, after the peeces are seene and delyverit back to the persewer, he may urge the calling of the cawse as he findes occasione. And being called, the defender will be compellit to propone his defences. Wherupon the judge pronunces his interloquitor sentence.

  And efter all the defences are discust, ather be repelling or admitting, the judge assignes a day for proveing of the lybell. Iff the exceptiones be repellit, simplie in respect of the lybell. Or of the lybell and reply, iff the exceptiones be repellit simplie bot in respect of the reply. Or uther wayes assignes a terme to the defender for proveing his exceptione, if the same be admitted. Or utherwayes assignes a day both to the persewer and defender - videlicet to the persewer to prove his summonds and reply in respect quherof ane exceptione proponeit be the defender wes repellit, and to the defender to prove his exceptione which wes not repelled, bot admitted. And this is called 'Litiscontestatio, parte comparente'.

  Item iff the defender compeir not, then ather the sumonds requires probatione, or it is provin instanter, or they need no probatione - which is in casess of reductione or exhibitione which will beir certificatione, and in uther cawss, as removeings, lettres conforme, etc. Wher probatione is necessar, or it is not provin instanter, ther the persewer desires.

  (Fol. 6v) [{i}Chapter heading:{/i}] Off kirks and bishops. All kirks are (ather) severall benefices or pairtes of benefices.

  (Fol. 10r) [{i}Another chapter heading:{/i}] Item for better payment of the thrides of benefices ... [{i}No more chapter headings follow{/i}].

  {i}No other titles of chapters.

  {/i}(Fol. 74v {i}without chapter title:{/i}) Item ther is a difference betweene a band or contract of tailzie and ane infeftment of tailzie

Explicit:

• without reversione eorum omnium eadem est causa et ratio, because they cannot have the right but cum sua conditione et causa