Manuscripta juridica

Ius proprium Scotiae - Treatise "Minor practicks" : (extracts)

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Author(s):

• Thomas Hope of Craighall

No. of pages: Pag. 56-247

Rubric: Memorandum anent the forme of process befor the Lords of Counsell and Session

Incipit:

• First, there is a generall that no summonds can be called before the Lords while the first day of compearance be first bygone, except allennarlie in receaveing of witnesess - which may be done the verry first day of compearance.

  (Pag. 67) The ordinar termes and dyetts accustomed to be granted in actions depending before the Lords of Session are as followes, after the partie hath seen the proces. First, when the summonds are admitted to probatione.

  (Pag. 74) Anent the table and continuatione of summonds. Att the first institutione of the Session, summonds were appoynted to be called every day of the week.

  (Pag. 78) Caput second, concerning kirks and benefices. All kirks are either severall benefices or parts of benefices.

  (Pag. 88) Assumption of thirds and assignation therof. For better payment of the thirds of the benefices.

  [{i}Last title, starting on pag. 240:{/i}] Cap. 16, off taillzies. Ther is ane difference betuixt ane bond or contract of taillie and ane infeftment off tailzie

Explicit:

• without reversion eorum omnium eadem est causa et ratio, because they cannot have the right but cum sua conditione et causa

Colophon: Finis [{i}There follows a supplement correcting the text in page 240{/i}]