Manuscripta juridica

Ius proprium Scotiae - Treatise "Minor practicks" .

The scribe writes good Latin, and the handwriting is neat

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Author(s):

• Thomas Hope of Craighall

No. of pages: Fol. 1r-124r

Rubric: Ane breiff treatise upon severall substantiall heads of the Scotts law, verie profitable for young students, written by the most learned juris consult Sir Thomas Hope of Craighall, knight, advocat to his majestie

Incipit:

• Cap. 1. Of the forme of proces befor the Lords. First, ther is ane generall that no sumonds can be called befor the Lords whill the first day of compeirance be bygane.

  [{i}Further chapter headings:{/i}] 2 Of tabling and continuatione of summonds, etc. 3 Off kirks, bishops, benefices and patronages [{i}mentions year 1624, fol. 20r, about the bishoprics' Cathedral Chapters{/i}]. 4 Of Commissars, testaments and confirmationes of executors. 5 Anent proces against airs and universall successors and how they are to be persewed. 6 Of bands heretabill and moveabill, and other distinction. 7 Of the severall sorts of airs as generall, lyne, tailzie, and which of them are first to be discussed. 8 Off succession male and female and divers maners therof. 9 Off wards, mariages, non-entres and releiff. 10 Off retoures, old and new, extant precepts of seaseing, and seasings therupon, off taxt and simple wairds, charges upon precepts, lossing of superioritie, and of precepts of 'Clare constat'. 11 Off base and publict infeftments and confirmationes therof. 12 Off infeftments upon resignatione, confirmatione and difference therof, off prior and posterior resignatione, and of necessitie of confirmatione. 13 Off wodsetts, regres and reversione, etc. 14 Off simple and lyferent and the acts of forfaulter, bastardie and last air, and declarator therupon. 15 Of signatours, signet, casset, privy, quarter and great sealls, and difference therof, of precepts of seasing contained in the chartors, and seasings therupon. 16 Jurisdictions of barrons, sherreffs roll and baillies of regalities and stewarties, borrows, and distinctions therof. 17 Off judgements possessor and petitor, ejection, intrusion, cognitione and moles, breivs of perambulation and lyning. 18 Off personall and reall rights, inhibitiones and reductions. 19 Off appryseings and proceedings therof and legall reversions of the samen, and of adjudicationes. 20 Off reductions and improbationes. 21 Off warning and removeings, exceptions against the same, of nullities, de legibus iubentibus et prohibentibus, direct and indirect maner of improbatione, and ordour of proponing of exceptions. 22 Off decreits of inferior judges and befor the Lords, via ordinaria and be way of registratione, and horning therupon, suspensione and reductione theroff, and of reductione of retour. 23 Off assignationes to the maills and dewties of lyferent, both in haill and in part. 24.

  [{i}Addition, by the same scribe, fol. 34v:{/i}] Nota. Since the author his wryteing of this book these intricacies concerning heretabill and moveabill bands are much cleired, conforme to the 32 art. Par. 1 K. Ch. 2, ses. 1, anno 1661, to which the reader is referred [{i}thus 1661 terminus post quem for this version of the text{/i}]

Explicit:

• because they cannot have the right bot cum sua conditione et causa. Finis