Manuscripta juridica

[Principal Investigator: G. R. Dolezalek]







Ordo iudiciorum - treatise on forms of actions 'The first reformation made'


Author(s):

  • George Mackenzie of Rosehaugh(?)

Incipit:

  • The first reformation made in [and then:] the courts of justice in Scotland

Explicit:

  • bond\ the\ up\ received\ have\ they\

Ordo iudiciorum - treatise on forms of actions 'The first reformation made' .

Suspected to be an abridged copy of Sir George Mackenzie's treatise on actions, as in MSS Edinburgh, NL Scotland, MS.17820, and Adv.MS.25.2.11. The work is written for readers who are used to a legal system with mandatory Forms of Actions. It may thus have been composed for English lawyers, in order to inform them about Scots law in a way which they are able to understand. The work refers to many Scottish statutes, to Craig, to Stair, and to a few decisions. It appears that the same work is also contained in MSS Edinburgh, NL Scotland, Adv.MS.25.6.4 and 25.6.5(ii), but there the arrangement of chapters is different


Author(s):

  • George Mackenzie of Rosehaugh(?)

No. of pages: Fol. 1r-178r

Rubric: Reports of law

Incipit:

  • Of summonses. The first reformation made in the courts of justice in Scotland was by James 1st who instituted the Court of Session, Parliament 1425 cap. 65, and gave the forms of all summonses which by the reason of their conciseness were called 'brieves'. He also erected the Chapel, or Chancery.

    [{i}Further headings:{/i}] Of summonses and the manner of executing them. Of priviledged summonses. Of actions of cessio bonorum. Of actions of wrongous imprisonment. Of lawburrows. Of actions of proving the tenor of writes. Of poindings. Of adjudications. Of judiciall sales. Of arrestments.

    [{i}Last headings:{/i}] Of the execution of summonses. Procedure in a ranking

Explicit:

  • acknowledge they have received up the bond.

    Fol. 179-209 blank