Manuscripta juridica

Ius proprium Scotiae - Treatise "Minor practicks" .

The entire volume is written by only one scribe, on one type of paper. The leaves are not numbered. Ink corrosion makes it difficult to read the text

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Author(s):

• Thomas Hope of Craighall

No. of pages: Fol. 6r-62r

Rubric: Ane abridgment of the forme of processe befor the Lords, be Sir Thomas Hope off Craigihall, Knight

Incipit:

• Imprimis ther is a generall that no sumonds can be called befor the Lords whill the first day of compearance by bygaine.

  [{i}Chapter headings - all but the last one are written in large letters:{/i}] (1) Anent tableing of procese [{i}written above fol. 6v and 7r{/i}]. (2) Anent the tabling and continuatione off summondys. (3) Off kirks, bishops, benefices and patronages. (4) Of Commissars, testaments, and confirmatione of executours. (5) Anent processe against aires and universall successors, and how they are to be pursued. (6) Off bands heritable and moveable and their distinctiones. (7) Off severall sorts off aires, and which off them are first to be discust. (8) Off successiones male and female, and diverse maners theroff. (9) Off wairds, marriages, non-entries, and releiff. (10) Off retoures, old and new extent precept of seising, off seising therupon, off taxt and simple ward, charges upon precepts, lossing off superioritie, and off precepts off 'Clare constat'. (11) Off base and publict infeftment, and off confirmatione theroff. (12) Off infeftments upon resignatione, confirmatione, and difference therof, off prior and posterior resignationes, and off necessitie of confirmatione. (13) Off wadset, regresse and reversiones, etc. (14) Off simple and liferent escheats, off forfaultrie, bastardie and last aire, and declarators therupon. (14) Of signators, signet, caschet, privie, quarter and great sealls, and difference theroff, off precepts off sesing, contained in chartors, and seising therupon. (15) Jurisdiction of barrounes, sheriffs, lords, and bailzies of regalities and stewartries, off burghs and distinctione theroff. (16) Off judgments possessorie and petitorie, off ejectione, intrusione, cognitione and molestatione, breives of perambulation and lynning. (17) Of personall and reall rights, inhibitiones, and reductions ex capite inhibitionis. (18) Of apprysings and proceidings therof, and legall reversiones of the samen, and of adjudicationes. (19) Of improbationes, removings, suspensions, reductions, and assignationes, and off hornings upon sheriff decreits, et of decreits off the Lords of Sessione. [{i}Other MSS have yet more headings, but the present MS only adds the usual last heading, and it is written in small letters:{/i}] Off bands and contracts off tailzie, etc., difference theroff

Explicit:

• they cannot have the right but cum sua conditione et causa.

  [{i}Appendix:{/i}] Nota. Poynding must alwayes goe befor comprysing, and therfor, since I cannot poynd ... and so it seemes that comprysing is only executione, but adjudicatione carries both actione and executione.

  Fol. 62v-65v blank