Manuscripta juridica

Acta litigationis Scotiae: minutes of interloquitors (1699-1700).

Modern foliation in pencil. Old foliation in ink, mostly at the upper left corners, from 173 to 258 - thus including the leaves in small format 195 x 156 mm, which are today numbered 20-36 and are followed by three blank leaves. Written by various hands. Various clerks of the court are mentioned. Dates and names of the parties are usually noted above the items, as a sort of heading

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No. of pages: Fol. 1r-41r

Rubric: [{i}First title:{/i}] Interloquitors collected out of James Hamilton his study, beginning the first of November 1697 and ending the last of February 1698 [{i}addition by another hand:{/i}] as also the interloquitors collected in the rest of the clerks' chambers the said tyme.

[{i}Title on preceding flyleaf:{/i}] Lords of Session their interloquitors for the moneths of November and December 1697 and January and February 1698

Incipit:

• [{i}First item:{/i}] In the actione Robertsoune of Badley and others against the tennents of the lands of Badinhead, 9. November 1697. The Lords, haveing considered the state of the process and advysed the depositiones of the wittnesses with the circumductione of the terme against the defendars, they find the quantity of the ler...s lybelled proven by the defendars oaths and decernes against them for the pryces therof lybelled.

  [{i}Last item:{/i}] February 25, 1698. Sir Thomas Kennedy against the officers of State and Georg McKenzie. The Lords ordains the debate to proceed, whither or not in reference to the abatement first demanded by Georg McKenzie's subtaksman against Sir Thomas Kennedy, and then by Sir Thomas Kennedy against the officers of State, Sir Thomas be in pari casu with Georg McKenzie, and declares that in case a disparitie be found against Sir Thomas, all defences shall be competent to him against Georg McKenzie for excludeing or restricting his abatement, and continues the process till the first of June nixt