Manuscripta juridica

Ordo iudiciorum Scotiae - Treatise 'All actions are ather criminall' ("Form of process") .

Reference is mainly made to statutes. Further reference to Corpus iuris canonici (e.g. p. 21, 24), Corpus iuris civilis (frequent, e.g. p. 18, 20, 21), acts of Sederunt ? ('statut by the Lords', never parties named, frequent, e.g. p. 18 and 27 with date 1613), Auld Lawis (e.g. p. 18). Much Latin is used. The order of procedure corresponds entirely to Jus Commune.

The beginning reminds of Edinburgh, NL Scotland, MS.5436, but there the text is much more detailed

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No. of pages: Pag. 5-34

Rubric: The forme of process.

All actions ar ather criminall, quhilk pertaines to the jurisdictione of the Justice Generall, or ecclesiasticall, quhilk ar judged by ther Commissars and his deputs, appoynted be bischopes of old, called 'curia cristianitatis', or quhairunto the Lords of Sessione ar judges. Quhilk consists of 3 pairts: first the sumonds, secundo litiscontestation, tertio sentance definitive. All bills and supplications quhairupon sumonds proceids ar writin by clerks called 'writtars to the Signet', who have thair admissione from the Secritarie who kips the seall or signet, and hes so much for signeting evrie act, bill or sumonds.

Their ar uther clerks, called 'Clerks of the Counsell and Sessione', who ar admitted be the Clerk Registre, and serves befor the Lords. They ar not clerks to the Signet but if they be admitted be the Secritarie. Ther clerks ar svorne to exercice their offices laufullie and diligently, and to conceall quhilk they doe, for uthers.

Ther is a thrid sort of a clerk, who is called 'Clerk of the bills', who hes his office of the Clerk Registre, who with the clerks of Counsell and Sessione ar admitted by the Lords upon the gifts granted by the Clerk Registre.

[{i}Further titles:{/i}].

Statuts concerning clerks or writtars to the Signet. Off bills and suplications. Anent sumonds upon bills. Sumonds of continewation. Execution of sumonds. Anent maissers. Anent calling of actions in the Inner Hous. Anent calling in the Outter Hous. Anent advocats. Advocats servants and expectants. Anent clerks of Counsell and Session and their servants. Off protestation against ane persewar. The defendar absent and the persewar present. The defendar and persewar both compeirand. The order of proponing exceptions. Anent litiscontestation. Off probation. Anent probation by oath. Anent oath of veritie. De juramento in litem. Off probation by writte. Off probation by witnesses. Direct maner of improbatione. Indirect maner of improbation. The Lords of Session ar only judges. The direct stayes indirect. Of sentance definitive. Interloquitors. Sentance definitive [{i}again{/i}]. Quhen and how sentance definitive should be given. The number of Lords. Anent execution of sentance. Anent poynding and comprysing moveable goods. Anent suspensions. Anent reduction of decreits.

[{i}Explicit:{/i}].

... of the decreit be rasone of his probable ignorance, as said is. Quia quae de novo emergunt vel ad notitiam perveniunt, novo indigent auxilio [X.2.7.5, D.11.1.11.3, D.36.4.4, D.25.4.1]