Manuscripta juridica

Ius proprium Scotiae - Treatise "Minor practicks" .

Divided into 16 chapters and altogether 25 titles

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Author(s):

• Thomas Hope of Craighall

No. of pages: Fol. 1r-41r (second series):

Rubric: Practiques and order of the house, by Sir Thomas Hope, and other practiques. And forme or proces used before the Lords of Counsell and Session

Incipit:

• Chapter 1. Off summondes. First ther is on generall that no summonds can be called before the Lords

Explicit:

• but cum sua conditione et causa. Finis.

  [{i}Chapters:{/i}] Chapter 1: 1 Off summondes. 2 Off concluding the cause. 3 Anent tableing and continuation of summonds. Chapter 2: 4 Off kirks and benefices. 5 Off priviledges of bishops, abbots, ther chapters and convents and of the Chapter of Saint Andrews. Chapter 3. 6 Off bishops, commissaries and testaments. 7 Off executors dative ad omissa, and eiking of inventars, of womans testaments, and benefice of executrie. 8 Off exoneration, whose is the executrie, and when ane executor may persew, off moe executors then on, of lisences. 9 Off aires and executors, and difference betuixt heretable and moveable bands. 10 Of discussing of aires, and of conqueist, what is dew to the air generall, office of tuttorie, diversitie of succession to heretages, of succession to reversions. Chapter 4. 11 Off waird lands and non-entrie, of a donator to a waird, his power in removeing, of waird and mariage, to whom they pertaine. 12 Off the book of responde, of taxt and simple waird, of precepts direct to the shirefe and superior, of suspending a precept of seasing and clare constat, of lose of superioritie. Chapter 5. 13 Off infeftments base and publict, and cloathed with possession, of husbands infeftment given to his wyfe, off infeftments upon assignatione, confirmation of regres, renunceation in redemption. Chapter 6. 14 Of reversions, assignations to reversions, of resignations, ius reversionis, ius incorporum, iure incorpore. Chapter 7. 15 Off esheit in the persone of the superior, a third persone becoming simple esheit, of esheit disponed in favors of the rebell, what moveables falls under esheit, forfaultrie, bastardrie, and last air, and gudes falling under them, of infeftments passing the seales, of resignations and declarators. Chapter 8. 16 Off signators, and wat letters pases under the Privie Seale, Great Seale, and Quarter Seale, Catcheit and passing the signators. Chapter 9. 17 Off regallities, of stewartries, baronnies and burroughs. Chapter 10. 18 De iudicio possessorio, of eiection, of intrusion, of cognition, of molestation, breive of perambulation, of rights personall and reall rei ad rem, of reduction. Chapter 11. 19 Against whom comprisings may be led, the forme therof, principall debitor or air, and allowance therof, of adjudication. Chapter 12. 20 Summonds of improbation and reduction and the forme therof. Chapter 13. 21 Off exceptions in wairning and in removeings, de nullitate iuris et facti, de legibus inhibentibus et prohibentibus, off improbation and manner therof. Chapter 14. 22 Off letters of horning upon a shirefes decreit, off horning upon the Lords decreit, and of suspending of them, of horning, of exceptions against summonds of registration and transferring, of decreits via ordinaria, and of suspension of decreits given upon former suspensions, and of reduction of decreits, and causes therof. Chapter 15. 24 Off assignations. Chapter 16. 25 Off tailzies