Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Ordo iudiciarius Scotiae : treatise 'All summonds before the Commissars are either called ad instantiam'

Incipit:

  • All summonds befor the [and then:] Commissars are aither called ad instantiam

Explicit:

  • written\ above\ maner\ in\ thereon\

Ordo iudiciarius Scotiae: treatise 'All summonds before the Commissars are either called ad instantiam' . Procedure in Commissary Courts.

Mentions the year 1663 which is thus a terminus post quem for the work

No. of pages: Fol. 90r-92v

Rubric: The forme of processes befor the Commissars or inferior courts

Incipit:

  • All summonds befor the Commissars are aither called ad instantiam: if the debt be within 40 libris Scots, and especially wher the pursuer is able to referr it to the oath of the defender, or to prove it statim in campo, or ad libellum. If the debt exceed the somme: and also most be under the signet of office of the Commissariot and duely execute. The second day of compearance being come, and the pursuer of defender compearing by them selves or ther procurators, the pursuer presents his clame

Explicit:

  • The clerk may registrat writs bearing the clause of registration with a mandat, if the judge be present to hear the samen ... the Lords will grant letters thereon in maner above written. Finis