Manuscripta juridica

Ius proprium Scotiae - Treatise "Minor practicks" .

Very neatly written, but the scrivener sometimes garbled text passages in Latin. The text is interrupted by headings - which are often repeated wholly or in part. It appears that they stood at top of the pages of the model MS which the scrivener copied, and whenever he started a new page of the model MS, he inserted the page's heading into the text. Fol. 34v-35r are blank, obviously skipped by accident of the scrivener. The handwriting still maintains 16th century forms of letters 't' and 'a'.

[{i}Chapter headings:{/i}] Off kirks and bishops. Off the kirks and bishops. Of kirks. Of confirmations of testaments and of executors and airs, cap. 2. Of confirmation of testaments. Of testaments. Of bands. Off airs. Of wairds, non-entreiss, marriage, releefes and retoures. Of wairds, releefes and non-entries. Off publick and baiss infeftments, cap. 5. Off infeftments. Off woodsetts and reversions, cap. 6. Off woodsets and reversions. Off simple and lyfrent escheats. Anent signatours, cap. 8. Of judgments possessour and petitor, and of actions personall and reall, cap. 10th. Off comprysinge and adjudicatione, cap. 11. Anent reductions and improbations, cap. 12. Anent actions of removing. Of the diversity of decreets, cap. 14. Of the force of an assignation, cap. 15. Anent tailzies, cap. 16

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Author(s):

• Thomas Hope of Craighall

No. of pages: Fol. 1r-47v

Rubric: An abridgment of the Forme of Proces befor the Lords. By Sir Thomas Hope Advocat to his Majestie for the Kingdome of Scotland. Written and begune 15th January 1643, by Mr. George Olyphant

Incipit:

• Imprimis there is a generall that noe summonds can be called before the Lords till the first day of compearance be bygone

Explicit:

• Anent tailzies, cap. 16. There is a difference betuixt a band or contract of tailzie ... but come[!] sub[!] conditione et causa. Finis.