Manuscripta juridica

Ius proprium Scotiae - Treatise "Minor practicks" .

Chapters numbered from 1 to 24. Very legibly written. Old foliation in ink, in part cut off when the margins were trimmed by the bookbinder. Modern foliation in pencil (intermittent). The division into titles does not entirely correspond to the one in the edition 1734, but as far as it does, from title 4 onward, the first words of titles largely correspond to those in the edition.

[{i}Chapter headings:{/i}] 1 Of the forme of proces befor the Lords. 2 Of tabling and continuatione of sumonds. 3 Of kirks, bishops, benefices and patronages. 4 Of comissars, testaments, and confirmatione, and of hers(?). 5 Anent proces against airs and universall successors, and hou they are to be perseued. 6 Of bands heritable and moveable and ther distinctione. 7 Of several sorts of airs, as generall, lyne, tailzie, and quhich of them are first to be discussed. 8 Of successione male and female etc., and diverse maners therof. 9 Of wards, mariages, non-entress and relief. 10 Of retours, old and new, extant precepts of seasings and seasings thairupon, of tacks and simple ward, charges upon precepts, lossing of superioritie and of precepts of 'Clare constat'. 11 Of basse and publict infeftments and confirmations thairof. 12 Of infeftments upon resignatione, confirmatione and difference thairof, prior and posterior resignatione, and necessity of confirmatione. 13 Of wodsetts, regres and reversions, etc. 14 Of simple and lyfrent escheits, of forfaulture, bastardie and last air, and declaratours thairupon. 15 Of signators, Signet, Cashet, Privie, Quarter, and Great Sealls, and difference thairof, of precepts of seasing contained in the charters, and seasing thairupon. 16 Jurisdictions of barrons, sheriffes, lords and bailzies of regalities and stewarties, burrous, and differences thairof. 17 Of judgments possessor and petitor, ejectione, intrusione, cognitione and mol., breives of perambulation, and lyning. 18 Of personall and reall rights, inhibitions and reductions, etc. 19 Of apprysings and proceidings thairof, and legall reversions of the samen, and of adjudications. 20 Of reductions and improbations. 21 Of warnings and remove, exceptions against the same, of nullities, de legibus jubentibus et prohibentibus, direct et indirect maner of improbatione, and order of proponing of exceptions. 22 Of decreits of inferior judges, or befor the Lords, via ordinaria and be way of registration, and horning thairupon, suspension and reduction thairof, and of reduction of retours. 23 Of assignations to the maills and deuties of lyferents etc., in haill and in pairt. 24 Of tailzies, bands and contracts of tailzies, and of breaking and impeding thairof

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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 Scots law, verie profitable for young students. Written by the most learned juris consult Sir Thomas Hope of Craighall, Knight, Advocate to his Majestie

Incipit:

• [{i}first chapter:{/i}] First, ther is ane generall that no sumonds can be called befor the Lords while the first day of compeirance be bygane

Explicit:

• [{i}last chapter begins:{/i}] Cap. 24. Of tailzies ... Ther is ane difference betuixt ane band ... (last chapter ends:) they can not have the right but cum sua conditione et causa