Manuscripta juridica

Ordo iudiciorum Scotiae - Treatise 'Ane proces comprehends the instruments' ("Form of process") , printed with Stair's Institutions 1681

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No. of pages: Pag. 1-75 (third series):

Rubric: The ordinarie forme of proces befor the Lordes of Sessione [{i}preceded by an invocation:{/i} MTH = 'Mono Theo']

Incipit:

• A proces comprehends the instruments and order of proces in the administration of justice. By instruments are meaned writts and testimonies as oathes of pairties, wittneses and others. Proceses are brought in befor the Lords divers wayes: some in the first instance, some in the second. In the first instance the most ordinar way of old was by ordinar summonds, quhich were drawn up by the writters to the Signett, without ane bill or warrand from the Lords, becaus the style and matter of them was so current and known, in the same way as brieves of the Chancellary

Explicit:

• and if the supplicant rest not satisfied, bot urge that he may have the Lords ansser upon the bill, the Ordinar upon the demand will not refuse it

Colophon: Finis coronat opus, 1669.

[{i}Chapter headings, written in the margin:{/i}] Proceses. Advocationes. Suspensione. Reductione. Productiones, Certificatione. Summonds. Exceptiones: dilatores, preemptors, nullities. Exceptiones: prescriptione. Litiscontestatione. Spuilzie. Interloquitor. Competitione. Premissione. Probatione: presumptione. Probatione: writt. Probatione: oath. Probatione: wittnesses. Acts of litiscontestatione. Act of cause. Terme circumduced. Wittnesses. Act of probatione.

[{i}Text{/i}: Causes being concludet in maner forsaid thair ought to be ane Act extracted, renunceing probatione and holding the cause as concluded. Efter quhich it comes to be advised be the Lords. Ordinarlie the Saturday is spent in adviseing ...]. Qualified oathes. Adviseing of causes. Decreits. Extraordinars