Manuscripta juridica

Ordo iudiciorum Scotiae - Treatise 'Tabulat summonds' ("Practica forensis") .

This is a collection of propositions of law, on procedural law as well as substantive law, but it mainly consists of abstracts of decisions. The collector refers to decisions rendered by 'my father'. On the first pages all abstracts are short. Further on they tend to become longer. Parties' names are rare, dates are rarely given. Much Latin. In many places the scribe garbled the text, and it was corrected by another hand. This happened particularly often in Latin passages - e.g. pag. 35. Thus penned by a paid scribe who worked for a learned person. Old pagination in ink

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No. of pages: Pag. 1-82

Incipit:

• Tabulat summonds quhich cometh in upon 21 dayes are summonds of spuilzie, of declarator of escheat, of poynding the ground, of wrangous intromission, of ane band, of extracting of ane evident, of violent profites.

  Untabulat summonds quhich cometh in upon 6 dayes are summonds of double or triple poynding, of arreistment, of exhibitioun, of removing, of improbatioun, of contraventioun, of warrandice, of delyverie of ane castle, of recent spuilzie within ix. dayes out of feriat tyme, summonds of registration of ane band, summonds for delyverie of evidents.

  Some summonds cometh in upon 21 dayes and are untabulat, or are not continued, and are summonds of recognition, of deforcement, of ane speciall declarator quhich abideth no continuation, but witnesses are warned at the first dyet.

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  [{i}Last items, page 82:{/i}] Queritur quhat if ane revertione be comprysed. My opinione is, the Lord's delyverence is not requisit ... as ane other infeftment.

  Sumonds of exhibitione mey be execut upon thrie dayes varning ... perseved be Covper Thomson contra Yong.

  Fund(?) band past betuixt tuo persons making uthers ... becaus it is ane testament.

  In the reductione perseved be James Hay contra Thomas Drumond for the horning, Rolok aledged that the horning ought to be null ... it vold yeald no actione.

  Pebls aledged no continuatione in certification becaus it is to eleid ane heritabill rycht ... to be craved.

  In ane actione perseved be Varders contra Blackhall, Varders sought executione upone ane registrat band ... notvithstanding of Varders his band.

  [{i}Few subdivisions by titles:{/i}] Scheriffes and comissars decreets. Anent prescription of spuilzies. Anent comprysings. Act anent cautioners. Decreit docmaill(?). The ordour of summonds.

  (Pag. 16 = 1618/1/29) John Grame donator to the gift of leth-entres.

  (Pag. 23) Fond by my father in Cappringtons actione against Craufurd, that ane retowr quat fals in ane poynt, faills in all.

  (Pag. 46) ... and my father fond

Explicit:

• (Pag. 61) An(?) mutuall band appointing tuo severall procuratores(?) ... the Lords ordinarli repellethe, as they repelled on registrat(?) in the comissaries books of Kirkadbrict. Juni 1612.

  Pag. 33 blank