VOLUME 1
COMPREHENDING THE PRIVATE LAW (p1)

Chap 1: Of law considered as the command of sovereign power (pp1-8)

Chap 2: Of law considered as a science or collection of the precepts of sovereign power (pp8-115)

Tit. 1 A history of the Civil Law (pp11-17)

Tit. 2 A history of the Canon Law (pp17-23)

Tit. 3 A history of the Feudal Law (pp25-29)

Tit. 4 Of the Municipal law of Scotland (pp31-115)

PART 1: OF PERSONS (pp115-336)

Book 1: Of persons in their natural capacities (pp116-201)

Chap 1: Persons distinguished by their Sex (pp116-117)

Chap 2: Persons distinguished by their Age (pp117-190)

Tit.1 Of Tutors and the several kinds of them (pp145-151)

Tit. 2 Of Curators and the several kinds of them (pp151-154)

Tit. 3 What is common to both Tutors and Curators and what peculiar to either (pp154-189)

Tit. 4 Of quasi Tutors and Curators (pp189-190)

Chap 3: Of Persons differenced from others by some incapacity of Mind or Body (pp191-201)

Tit. 1 Idiots, Madmen, dumb and deaf persons and their Tutors and Curators (pp191-195)

Tit. 2 Those who because of other bad conduct are forbid the management of their affairs (pp196-201)

Book 2: Of Persons in their Relative or Civil Capacities (pp202-326)

Chap 1: Of Persons in General Relative or Civil Capacities (pp202-246)

Tit. 1 Of the Clergy (pp204-236)

Tit. 2 Of the Laity (pp236-246)

Chap 2: Of persons in particular Relative or Civil Capacities (pp246-326)

Tit. 1 Of Husband and Wife (pp246-293)

Tit. 2 Of Parents and Children (pp293-316)

Tit. 3 Of Masters and Servants (pp316-326)

Book 3: Concerning Precedency and Communities or Corporations (pp326-336)

Chap 1: Of Precedency (pp326-330)

Chap 2: Of Communities and Corporations (pp332-336)

Part 2: Of Estates or Rights to Things consisting of Possession or Property, the several kinds of Estates and the general ways how insofar may be organized (pp338-569)

Book 1: Of Possession (pp346-362)

Chap 1: The Nature and several kinds of Possession (pp346-350)

Chap 2: How possession is attained and lost or interrupted (pp350-351)

Tit. 1 How possession is attained or the ways of entering and getting into possession and of having a thing in one's power to use it, to enjoy it, and to dispose of it (pp350-351)

Tit. 2 How possession is lost or interrupted (p351)

Chap 3: The effects of possession (pp352-362)

Book 2: Of Property and the several Kinds of it (pp363-491)

Chap 1: Of civil and ecclesiastical property (pp363-413)

Tit. 1 Of Churches and Churchyards (pp367-373)

Tit. 2 Of Manses and Glebes (pp373-378)

Tit. 3 Of Tithes (pp378-399)

Tit. 4 Concerning the Fate of and Alterations made in ecclesiastical Property after the abolishing of popery in Scotland (pp399-413)

Chap 2: Of moveable or personal, and immovable or heretable property (pp413-423)

Chap 3: Of absolute and limited property (pp424-491)

Tit. 1 Fees of Lands and Heretages distinguished by [...] or Manner of Holding (pp429-436)

Tit. 2 Fees of Lands and Real Rights distinguished with respect to the Vassal; and Fees of Moveables and personal Rights, called feuda pecuniae vel nominum, differenced with Respect to the proprietor and Creditor (pp436-471)

Tit. 3 Of Liferents in general (pp471-479)

Tit. 4 The several Kinds of Liferents (pp479-491)

Book 3: The general Ways how original Estates or Rights in Things may be acquired (pp491-569)

Chap 1: Of Things common to all Rights (pp503-511)

Chap 2: Clauses and things peculiar to or more ordinarily used in Rights concerned in Writ (pp512-564)

Tit. 1 Of Narratives and the causes of granting Rights (pp512-519)

Tit. 2 The Names and Designations or Additions of Parties Demonstrations or Descriptions of Things Conditions and Days affected by the performance of Rights (pp520-532)

Tit. 3 Of Irritancys and Resolutive Clauses (pp532-536)

Tit. 4 Of Warrandice (pp536-543)

Tit. 5 Of Penalties (pp543-544)

Tit. 6 The Registration of Rights (pp544-548)

Tit. 7 The Attestation of Rights (pp548-561)

Tit. 8 The Delivery of Writs (pp561-564)

Chap 3: What regard is had in Scotland to Writs made in England or in any Forein Country according to the Law of the Place when different from our Law (pp564-569)

Tit. 1 Here and in what Cases forein Writs or securities may, or may not, produce action or exception in Scotland (pp565-567)

Tit. 2 Whither pursuits upon forein Writs or Securities be maintained or aided by Exceptions qualified and to be tried and proved according to our Law, or according to the custom and Laws of the place where such Writs or Securities were made? (pp567-569)

Part 3: Of Real and Heretable Rights (pp570-774)

Book 1: How real and heretable Rights are constituted; what the Vassal gets thereby and what remains with the Superior (pp571-690)

Chap 1: How real and heretable Rights are constituted (pp571-594)

Tit.1 Of Charters (pp572-585)

Tit. 2 Of Seisins (pp585-594)

Chap 3: The Rights established in the Vassal's Person by Charter and Seisin (pp594-608)

Tit. 1 Things which cannot at all be alienated by the King (p595)

Tit. 2 Things which can be disposed of only by an express grant (pp595-597)

Tit. 3 Things virtually carried in a Charter, tho not expressed, under the Denomination of Parts and Pertinents (pp597-604)

Tit. 4 Several powers inherent by Consequences in the Right of Property, tho not expressed therein (pp604-608)

Chap 3: Concerning Superiority and the Casualties thereof (pp608-690)

Tit. 1 Casualties of Superiority common to all Holdings (pp619-625)

Tit. 2 Casualties common to most Holdings (pp625-657)

Tit. 3 Casualties appropriated to particular Fees (pp657-690)

Book 2: Of private Burdens wherewith real and heretable Rights may be affected (pp691-773)

Chap 1: Concerning services in general (pp691-698)

Chap 2: Of the several Kinds of Services (pp698-773)

Tit. 1 Of Real or Predial Services (pp698-719)

Tit. 2 Concerning personal Services (pp720-773)

Book 3: How Real and Heretable Rights are passed from and extinguished (p774)

Part 4: Of Obligations or Engagements and Personal Rights; their Nature, the several Kinds of them, how acquired and annulled (pp776-1093)

Book 1: Of Principal Obligations (pp781-1004)

Chap 1: Obligations arising from Contracts and the several Kinds of them (pp781-898)

Tit. 1 Of Real Contracts or those perfected by the Intervention of Things (pp788-818)

Tit. 2 Of Verbal Contracts (pp818-821)

Tit. 3 Of Written Contracts (pp821-825)

Tit. 4 Of Contracts perfected by sole consent (pp825-877)

Tit. 5 Of a Contract perfected partly by Writ, partly by Consent (pp880-898)

Chap 2: Of Obligations arising from Quasi-Contracts, or improper contracts (pp899-927)

Tit. 1 Restitution of Things causa data non secuta (pp899-900)

Tit. 2 Restitution of Things given for an unjust cause (pp900-902)

Tit. 3 Restitution of Things or Money as due by Mistake (pp902-905)

Tit. 4 Exhibition and delivery of writs or Things obtained from the owner without a just cause] (pp905-908)

Tit. 5 Negotiorum Gestio, or the managing the Affairs of others without their knowledge (pp908-912)

Tit. 6 Contribution for the Loss of what is thrown into the Sea in danger of Shipwracke (pp912-916)

Tit. 7 The inherent obligation of mutual Relief competent to several obligants (p916)

Tit. 8 Community of Goods (pp917-921)

Tit. 9 The Quasi-Contract between Masters of Ships, Innkeepers, Hostlers, and Passengers and Travellers (pp921-924)

Tit. 10 The Quasi-Contract of those who carry on any other Trade by Sea (pp924-926)

Tit. 11 The Quasi Contract of those who carry on any Commerce or Business at Land (pp926-927)

Chap 3: Obligations arising from Crimes and Offences or Trespasses tending to the prejudice or injury of private man (pp927-1004)

Tit. 1 Of Assithment (pp936-937)

Tit. 2 Breach of Arrestment and Deforcement (pp937-940)

Tit. 3 Concerning Breach of Law Burrows (pp940-947)

Tit. 4 Of Spuilzie (pp947-952)

Tit. 5 Of wrongous Intromission (p953)

Tit. 6 Of Ejection and Intrusion (pp953-956)

Tit. 7 Of Molestation (pp956-959)

Tit. 8 Of Force and Fear (pp959-966)

Tit. 9 Of Fraud (pp966-1004)

Book 2: Of Accessory Obligations; and the Ways how all Obligations are annulled and extinguished (pp1004-1093)

Chap 1: Of Accessory Obligations (pp1004-1039)

Tit. 1 Of Annualrent or Interest of Mony (pp1004-1013)

Tit. 2 Of Pledges or Pawns (pp1013-1019)

Tit. 3 Of Cautionry or Suretiship (pp1019-1030)

Tit. 4 Of Bonds of Corroboration (pp1030-1031)

Tit. 5 Of Letters of Credit (pp1031-1032)

Tit. 6 Of the obligation arising from oath (pp1033-1036)

Tit. 7 Obligations between Brokers, and such as employ them (pp1037-1038)

Tit. 8 Of Second or Third Bills of Exchange (pp1038-1039)

Chap 2: How obligations or personal Rights are annulled and Extinguished (pp1039-1093)

Tit. 1 Of Payment and Consignation (pp1040-1065)

Tit. 2 Of Discharges (pp1065-1072)

Tit. 3 Of Compensation (pp1073-1086)

Tit. 4 Of Novation (pp1086-1090)

Tit. 5 Of Confusion (pp1090-1093)

Part 5: How property may be transmitted and passed over by progress to Singular Successors (pp1096-1384)

Book 1: Of Voluntary Deeds of Alienation (pp1096-1166)

Chap 1: Of Dispositions (pp1101-1151)

Tit. 1 Of Irredeemable and absolute Dispositions (pp1101-1120)

Tit. 2 Of Redeemable Dispositions (pp1120-1151)

Chap 2: Of Assignations (pp1151-1166)

Tit. 1 Of Ordinary Assignations (pp1151-1164)

Tit. 2 Of Privileged Assignations (pp1164-1166)

Book 2: How property may be carried away by the Legal Diligence of Creditors (pp1166-1318)

Chap 1: Of Horning and Denumeration (pp1167-1179)

Chap 2: Of Caption (pp1179-1202)

Tit. 1 How Caption may be voluntarily stoped by the Creditor (pp1190-1192)

Tit. 2 How Caption may be stoped against the Creditors Will (pp1192-1202)

Chap 3: Of Arrestment (pp1202-1230)

Chap 4: Of Poinding (pp1230-1244)

Tit. 1 Of Personal Poinding (pp1231-1239)

Tit. 2 Of Real Poinding, or poinding of the ground (pp1239-1244)

Chap 5: Of Inhibition (pp1245-1255)

Tit. 1 Of Inhibition of lands and other heretable Rights (pp1245-1255)

Tit. 2 Of Inhibition of Tithes (p1255)

Chap 6: Of Apprizings and Adjudications (pp1256-1316)

Tit. 1 Of Apprizing and Adjudication once in place thereof (pp1258-1303)

Tit. 2 Concerning Adjudication of the Estate of one Deceased (pp1303-1308)

Tit. 3 Of Adjudication in Implement (pp1308-1310)

Tit. 4 Of Adjudication and Sale of a Bankrupt's Estate (pp1310-1316)

Chap 7: Concerning Letters of Possession, and other extraordinary Legal Executorials (pp1317-1318)

Book 3: Of Confiscation, Trust, Prescription, and the Rules of Law observed in a competition and Ranking of Rights and Diligences (pp1318-1384)

Chap 1: Of Confiscation (pp1318-1331)

Tit. 1 Confiscation of Property for want of an Identified Successor to the Owner (pp1319-1323)

Tit. 2 Confiscation of goods because occupied or claimed by nobody (pp1323-1331)

Chap 2: Of Trust (pp1331-1340)

Chap 3: Of Prescription (pp1340-1374)

Tit. 1 Prescription of 40 years (pp1345-1360)

Tit. 2 Prescription of 20 Years (pp1360-1361)

Tit. 3 Prescription of 13 Years (p1362)

Tit. 4 Prescription of 10 Years (pp1362-1363)

Tit. 5 Prescription of 5 Years (pp1363-1364)

Tit. 6 Prescription of 4 Years (p1365)

Tit. 7 Prescription of 3 Years (pp1365-1368)

Tit. 8 Prescription of 1 Year (pp1368-1369)

Tit. 9 Prescription of Six Months (p1369)

Tit.10 Interruption of Prescription (pp1369-1374)

Chap 4: The Rules of Law observed in a Competition and Ranking of rights and Diligences (pp1374-1384)

Tit. 1 General Rules in Competitions (pp1374-1376)

Tit. 2 Competition of personal rights and Diligences (pp1377-1378)

Tit. 3 Competition of real rights and Diligences (pp1378-1384)

Part 6: How estates or property may be transmitted by progress to universal successors (pp1386-1574)

Book 1: Of Succession to Heretage (pp1389-1491)

Chap 1: Concerning the several kinds of heirs (pp1389-1399)

Tit. 1: Of Heirs Institute (pp1390-1391)

Tit. 2: Of Heirs at Law (pp1391-1399)

Chap 2: How Heirs made up and perfect per active titles; and how such titles are extinguished (pp1399-1425)

Tit. 1 Concerning the special entry of heirs in the Ordinary courts of law (pp1402-1420)

Tit. 2 Entry of heirs by the Superiors voluntary deed (pp1420-1421)

Tit. 3 Concerning Seisins granted to heirs (pp1421-1422)

Tit. 4 How the active titles of heirs may be Reduced (pp1422-1425)

Chap 3: The Active Interest of heirs (pp1425-1460)

Tit. 1 The active interest, or the advantages and priviledges competent to all apparent heirs before their entry (pp1426-1445)

Tit. 2 Active Interest Competent to the Several kinds of heirs after they are Entered (pp1445-1460)

Chap 4: The Passive Interest of heirs (pp1460-1492)

Tit. 1 The passive title to which heirs are liable by being Entred (pp1460-1471)

Tit. 2 Passive titles to which apparent heirs may be liable before they enter (pp1472-1492)

Book 2: Of Succession to Moveables and personal Rights (pp1492-1574)

Chap 1: Of Succession to Moveables & personal rights authorised by Law (pp1492-1568)

Tit. 1 Of Testaments Testementary, Codicils, and Gratutitous Dispositions ommium Bonorum (pp1492-1525)

Tit. 2 Of Testaments Dative (pp1526-1529)

Tit. 3 What are effectual and complete titles to the Moveables of one Deceased; and how made up? (pp1529-1548)

Tit. 4 The Active Interest of Executors Confirmed for Distinguishing the Several Interest of Heirs and Executors (pp1548-1556)

Tit. 5 The Passive Interest of Executors Confirmed (pp1556-1568)

Chap 2: Of Illegal and Unwarrantable Succession to the Moveables of persons Deceased, called Vitious Intromission (pp1568-1574)

Part 7: The ways of Determining Civil Controversies in point of right or possession about Estates (pp1575-1949)

Book 1: Of the Decision of Controversies without suit or going to Law; and concerning Jurisdiction; and Judges (pp1575-1622)

Chap 1: The Decision of Controversies without Suit or going to Law (pp1575-1594)

Tit. 1 Extrajudicial Determination of Controversies by act of one of the parties (pp1575-1580)

Tit. 2 How Civil Controversies are ended by the Act of All parties (pp1580-1594)

Chap 2: Of Jurisdiction (pp1594-1608)

Tit. 1 Of Ecclesiastical Jurisdiction (pp1594-1595)

Tit. 2 Of Secular or Temporal Jurisdiction (pp1595-1608)

Chap 3: Of Judges (pp1608-1622)

Book 2: Actions before the Court of Session (pp1622-1738)

Chap 1: Of Actions in General (pp1622-1686)

Tit. 1 Of Summons, and the Execution thereof (pp1625-1633)

Tit. 2 The Pleading in a cause (pp1633-1642)

Tit. 3 Litis Contestation (pp1642-1643)

Tit. 4 Of Proof or Legal Evidence (pp1643-1680)

Tit. 5 Of Sentences (pp1680-1683)

Tit. 6 Of Protests for Remedy of Law, and Appeals (pp1683-1686)

Chap 2: The several kinds of Actions (pp1688-1738)

Tit. 1 Principal ordinary actions in the first Instance (pp1688-1725)

Tit. 2 Of Accessory ordinary actions (pp1725-1738)

Book 3: Concerning the court of Session, The offices Relative & Subservient to it; The form of process observ'd before the Session; The Commission for plantation of Churches, Valuation of Tithes And the form of proceeding before that Court (pp1738-1949)

Chap 1: The court of Session (pp1738-1781)

Tit. 1 Of Judges in the Session (pp1742-1759)

Tit. 2 Of Advocates (pp1759-1765)

Tit. 3 The Clerks belonging to the Session (pp1765-1776)

Tit. 4 The Macers (p1777)

Tit. 5 Keepers of the Rolls (pp1777-1780)

Tit. 6 Of Agents (pp1780-1781)

Chap 2: Concerning offices and officers relative & subservient to the Session (pp1781-1808)

Tit. 1 The Chancery or Chancellory (pp1782-1784)

Tit. 2 Offices of the Seals (pp1784-1789)

Tit. 3 The Register offices (pp1789-1792)

Tit. 4 The Lyon office (pp1792-1808)

Appendix (pp1808-1811)

Chap 3: The form of process before the Session (pp1811-1935)

Tit. 1 The Provinces assigned to Particular Lords and to a quorum of the Collegiate Body Separately; and how business is escaped[?] by them respectively in the Session (pp1817-1884)

Tit. 2 The Method of Commencing, Carrying on, and finally Determining causes (pp1884-1935)

Chap 4: The commission for plantation of Churches, Valuation of Tithes and the form of Proceeding before the Court (pp1936-1949)

Tit. 1 The Modelling of Stipends to Ministers (pp1939-1942)

Tit. 2 The Valuing and Selling of Tithes (pp1942-1947)

Tit. 3 The Uniting and Dividing parish Churches, Erecting new Churches, & Transplanting or Altering the Situation of Others (pp1947-1949)

Index

VOLUME 2
COMPREHENDING THE CRIMINAL LAW (p1)

Part 1: Concerning crimes and offences, and the punishment thereof (pp1-667)

Book 1: Of Crimes and offences in General (pp1-99)

Chap 1: The nature of a crime, and what doth infer it (pp2-21)

Chap 2: Of the persons who may commit crimes and are punishable for so doing (pp21-37)

Chap 3: Of the persons against whom crimes may be committed (pp38-39)

Chap 4: Concerning the punishment of crimes (pp39-72)

Tit. 1 The nature & design of punishment and forfeiture (pp39-40)

Tit. 2 The several kinds of punishments & forfeitures (pp40-72)

Chap 5: How crimes and offences are extinguished & abolished (pp72-96)

Tit. 1 Extinction of crimes by the natural death of the offender (p72)

Tit. 2 The abolition of Crimes by the offenders undergoing the punishment of law; and by his acquittal or absolution (pp73-78)

Tit. 3 Extinction of Crimes by prescription or the course of time (pp78-82)

Tit. 4 Concerning Pardons of Crimes (pp82-96)

Chap 6: The several kinds of crimes and offences (pp97-99)

Book 2: Of Crimes levelled more immediately against God (pp99-186)

Chap 1: Of Atheism (pp99-101)

Chap 2: Of Blasphemy (pp101-104)

Chap 3: Of Heresy (pp104-107)

Chap 4: Of Apostacy (p107)

Chap 5: Of Witchcraft (pp108-167)

Chap 6: Of Perjury (pp167-183)

Tit. 1 What circumstances are necessary to infer the crime of perjury, and what do not impose it (pp168-177)

Tit. 2 The manner of proving perjury (pp177-179)

Tit. 3 The punishment of perjury (pp179-183)

Chap 7: Of other open Impieties, Immoralitys and Profaneness (pp183-186)

Book 3: Of Crimes that touch the Royal Authority, Government, peace and welfare[?] of the Kingdom (pp186-293)

Chap 1: Of High Treason (pp186-233)

Tit. 1 Of Treason by the Civil Law, and the Law of Scotland before the Union (pp187-210)

Tit. 2 Of High Treason and Misprision thereof by the Law of Great Britain (pp210-233)

Chap 2: Recognising the authority of the Pope, or any forein power; and disowning that of the King, or Parliament (pp234-237)

Chap 3: Of Leasing Making (pp237-244)

Chap 4: Going out of the Kingdom without laws (pp244-245)

Chap 5: Of Recusancy (pp245-250)

Chap 6: Of Nonconformity (pp250-255)

Tit. 1 Of Nonconformity in England (pp250-252)

Tit. 2 Of Nonconformity in Scotland (pp253-255)

Chap 7: Of Vagrancy (pp255-260)

Chap 8: The Wearing Unlawfull arms (pp260-263)

Chap 9: Breaches of the Publick peace (pp264-290)

Tit. 1 Of the legal precautions used for preventing breaches of the peace (pp264-271)

Tit. 2 Several Kinds of Breaches of the Publick peace (pp271-290)

Chap 10: Of Common Nuisances (pp291-293)

Chap 11: Of High crimes and Misdemeanours (p293)

Book 4: Of Crimes that directly touch private persons (pp294-610)

Chap 1: Concerning Homicide (pp294-379)

Tit. 1 Of Murder and Manslaughter (pp296-355)

Tit. 2 Of Casual Homicide (pp355-358)

Tit. 3 Of Necessary Homicide (pp358-379)

Chap 2: Of Duelling, and the Giving or accepting a challenge to fight (pp379-386)

Tit. 1 Of Duelling (pp379-385)

Tit. 2 The giving or accepting a challenge to fight (pp385-386)

Chap 3: Of Sodomy or Buggery (pp386-389)

Chap 4: Of Incest (pp389-391)

Chap 5: Of Bigamy or Polygamy (pp391-396)

Chap 6: Of Adultery, Fornication and Bawdry (pp396-414)

Tit. 1 Of Adultery (pp396-409)

Tit. 2 Of Fornication (pp409-411)

Tit. 3 Of Bawdry (pp411-414)

Chap 7: Of a Rape (pp414-424)

Chap 8: Of Mayhem or Mutilation and Dismembration (pp424-439)

Chap 9: Of Crimes and offences committed against Ones fame or honour, called Injurios (pp440-449)

Tit. 1 Of ordinary Injuries (pp449-479)

Chap 10: Of Crimes and offences committed against ones Estate, or his goods and possessions (pp479-610)

Tit. 1 Of Theft (pp480-514)

Tit. 2 Of Fireraising (pp514-523)

Tit. 3 Of Falsehood (pp523-538)

Tit. 4 Of Fraudlent Bankrupcy (pp538-542)

Tit. 5 The spoiling or destroying planting and Policy, and violating the priviledges of forests (pp542-546)

Tit. 6 Of Stellionate (pp546-550)

Tit. 7 Of Robbery (pp550-571)

Tit. 8 Of Oppression and Extortion (pp571-610)

Book 5: Of Crimes relating to Offices lawsuits, and the execution of law and justice (pp610-667)

Chap 1: Of Crimes relating to offices (pp610-621)

Tit. 1 Of Crimes committed in the conferring and procuring offices (pp611-615)

Tit. 2 Of crimes committed in the discharge of Offices (pp615-621)

Chap 2: Of Crimes touching lawsuits (pp621-629)

Tit. 1 Of Barretry (p622)

Tit. 2 Of Maintenance (pp622-625)

Tit. 3 Of Conspiracy (pp625-626)

Tit. 4 Buying of pleas (pp626-627)

Tit. 5 Of Battery (pp627-629)

Chap 3: Of Crimes concerning the Execution of law and Justice (pp629-667)

Tit. 1 Breach of Arrestment (p629)

Tit. 2 Of Deforcement (pp630-655)

Tit. 3 Opposing, hindering and molesting Officers of the Customs or Excise in the Discharge of the duties of their Offices (pp655-656)

Tit. 4 Of Prison Breaking (pp657-667)

Part 2: Of Criminal Jurisdiction; the courts both sovereign and subordinate; wherein offenders are tried for Crimes; and the order of Judicial proceedings against them (pp668-992)

Book 1: Concerning Criminal Jurisdiction; and the courts wherein offenders are tried for crimes (pp668-761)

Chap 1: Of Extraordinary Criminal Courts wherein crimes are tried (pp674-687)

Tit. 1 Concerning the trial of crimes in Parliament (pp674-679)

Tit. 2 The court of a Lord High Stuart of the Kingdom (p680)

Tit. 3 Concerning Commissions of Oyer and Terminer (pp680-683)

Tit. 4 Of Courts Martial (pp683-687)

Chap 2: Of Ordinary Criminal Courts (pp687-761)

Tit. 1 Of the Justice Court or the Court of Justice (pp687-708)

Tit. 2 Of the Circuit Courts (pp708-712)

Tit. 3 The court of Justiciary of the Admirallity (pp712-716)

Tit. 4 The courts of Sheriffs, Stewards, Baillies of Royalty and Regallity and Magistrates of Burghs (pp716-744)

Tit. 5 Of Justices of Peace and their courts (pp744-756)

Tit. 6 Of Barons and Baron Courts (pp757-761)

Book 2: The order of judicial proceedings against Criminals and offenders (pp761-992)

Chap 1: The order of judicial proceedings against Peers who are charged with crimes (pp765-779)

Tit. 1 How peers are indicted for high treason or felony or misprision of either (pp765-766)

Tit. 2 The form and method of trial of peers indicted for high treason or felony or misprision of either out of Parliament (pp766-774)

Tit. 3 The form and method of trial of peers and Others in Parliament for the crimes of high treason or felony or misprision of either (pp774-779)

Chap 2: The order of judicial proceeding against criminals who are commoners (pp779-992)

Tit. 1 The order of judicial proceedings against commoners, before a commission of oyer and terminer in cases of high treason and misprision thereof: with the incident differences betwixt the trial of those and other crimes in England upon Indictments (pp780-853)

Tit. 2 The form of trying criminal commoners in England upon Appeals (pp853-859)

Tit. 3 The order of Judicial Proceedings against criminal commoners before the court of Justiciary (pp860-984)

Tit. 3 The order of judicial proceedings against criminals before the Circuit courts (pp984-992)

Index to the Second volume of Mr Forbes's Body of the Law of Scotland Comprehending the Criminal Law

VOLUME 3
COMPREHENING THE PUBLICK LAW (p1)

Part 1: Of Matters relating to the Government, and general policy of the State, and order thereof (pp1-162)

Book 1: Concerning the King, Queen Consort, and the prince who is the Kings Eldest son, the parliament, Convention of Estates on Privy Council: the function and duties of Officers of State and the Crown: taxes and publick burdens: Publick and state oaths (pp2-122)

Chap 1: Concerning the King (pp2-30)

Chap 2: Of the Queen, the Prince who is the Kings Eldest Son, and the Cadets or the Kings Younger children (pp30-35)

Tit. 1 Concerning the Queen (pp30-33)

Tit. 2 Concerning the Prince who is the Kings Eldest Son (pp33-34)

Tit. 3 Concerning the Kings Younger Children (p35)

Chap 3: Of the Parliament (pp35-78)

Tit. 1 Of the Parliament of Scotland (pp36-44)

Tit. 2 Concerning the parliament of great Britain (pp44-78)

Chap 4: Of the Convention of Estates (p79)

Chap 5: Of the Privy Council (pp80-85)

Chap 6: Concerning offices of State and the Crown (pp85-96)

Tit. 1 The Officers of State (pp85-93)

Tit. 2 Concerning the officers of the Crown (pp93-96)

Chap 7: Of Taxes and Publick Burdens (pp97-115)

Tit. 1 Concerning Taxes (pp97-113)

Tit. 2 Concerning other publick burdens (pp113-115)

Chap 8: Of Publick State Oaths required by law for the support of the Kings Government (pp116-122)

Book 2: Concerning Commerce (pp122-141)

Chap 1: Of Merchants (pp123-127)

Chap 2: Of Trades & Handicrafts (pp127-133)

Chap 3: Of Fairs & Markets (pp133-139)

Chap 4: Of Navigation and Shipping (pp139-141)

Book 3: Of Policy concerning things which serve for publick uses (pp145-162)

Chap 1: Of Fishing (p145)

Chap 2: Of Hunting and Fowling (p146)

Chap 3: Of Sea Ports (p147)

Chap 4: Of Bridges and Ferries (pp147-148)

Chap 5: Of Streets (p149)

Chap 6: Of High Ways (pp149-154)

Chap 7: Of Land Carriages (p154)

Chap 8: Of Forosts (p155)

Chap 9: Of Planting & Inclosures (p156)

Chap 10: Of Prisons (p158)

Chap 11: Of Correction Houses (p158)

Chap 12: Of Legal checks to unlawfull gaming and wadgering (pp159-162)

Chap 13: Of Sumptuary laws (p162)

Part 2: Concerning the administration of Justice (pp163-212)

Book 1: Concerning a description of the several Courts of Justice in Scotland (pp164-210)

Chap 1: Of Ecclesiastical Jurisdictions (pp164-172)

Tit. 1 Of Kirk Sessions (pp164-165)

Tit. 2 Of Presbytories (p165-166)

Tit. 3 Of Provincial Synods (p166)

Tit. 4 Of General Assemblies (pp167-168)

Tit. 5 Of Commissions of the Church (p168)

Tit. 6 Concerning the Method of Discipline in the Church of Scotland (pp168-172)

Chap 2: Of Temporal Courts of Justice (pp172-210)

Tit. 1 Of the Sovereign ordinary Temporal courts in Scotland (pp172-184)

Tit. 2 Of Inferior or Subordinate Case Courts (pp185-210)

Book 2: Concerning the order of Judicial proceedings in Courts (p212)

Index

Appendix to the Three Volumes of Mr Forbes's Body of the Law of Scotland (pp1-142)

A History of the French Law (pp1-5)

A History of the Law of England (pp6-46)

• Of Reports (pp30-32)
• Collection of Writs (pp32-34)
• Institutes of the Law of England (pp34-42)
• Monological Treatises on Particular Subjects (pp42-44)
• Miscellany Writings (pp44-46)

A History of the Law of Scotland (pp47-61)

• Institutes of the Law of Scotland (pp48-50)
• Decision of the Lords of Session (p50)
• Others have committed decision to writing (pp50-57)
• Monological treatises upon some particular subjects of the law (pp57-59)
• Miscallanies (pp59-60)
• Collections of Tithes (pp60-61)

An account of those who have written the History of the laws and customs of the Liberal Nations and Countries in Europe, and of the use and authority of the civil law of the old Romans (pp63-?)

• High Treason (p66)
• Concerning the Kings Royal [...] in passing Acts of Parliament (pp67-68?)
• Terms of the Law of Scotland, or artificial words for things particularly adapted to the profession of the Law there, with the correspondent terms of the law of England (pp69-112)
• Whether a conspiracy to loby war is an overt act of conspiring or imagining the death of the King (p113)
• Concerning the Kings Coronation (p114)
• The dispensing power (p115)

• The import of pleading not guilty (p127)
• Concerning alliances due to the King (p128)
• Concerning Embassadors (p129)

• Concerning the apprehending or arresting of Felons and Traitors by the Law of England (pp133-134)
• Concerning Judgments (p136)
• Concerning evidence in crimes[?] by the law of England (p137)
• Concerning Jurors (p138)
• Concerning Adultery (p139)
• Concerning the casualty of Relief (p140)
• Concerning a Scots peer made an English peer since the Union (pp141-142)

Index to the Appendix

A supplement to Mr Forbes Great Body of the Law of Scotland (pp1-112)

Some exerpts out of The Civil History of the Kingdom of Naples written in Italian by Pietro Giannone, Civilian and Advocate in Naples, Published anno 1723. Translated into English by Captain James Oglivie in two volumes 1729

Forbes' manuscript is not numbered from this point forward

Vol. 1: The Introduction

Lib 2, Chap 1

Sect. 2

Sect. 3

Lib 3, Chap 6

Sect. 5

Sect. 6

Lib 5, Chap 6

Sect. 15

Lib 14, Chap 3

Sect. 1

Vol. 2

Lib 19, Chap 4

Sect. 1

Lib 22, Chap 8

Sect. 3

Book 34

Chap 8

Sect. 1

Vol. 1

Lib 4, Chap 1

Sect. 3

Lib 13, Chap 3

Sect. 1

Sect. 2

Sect. 3

Vol. 1 Book 7

Chap 2

Sect. 1

Lib 2[?], Chap 2

Vol. 1 Lib 1, Chap 6

Chap 7

Chap 8

A new section then appears to begin under the heading, "16 January 1734"

Unmarked sections

• Reporters of cases adjudged in the courts of law in England
• Writers of other parts of the English law
• Some account of writers on the Scots law

• Some excerpts out of A new pandect of Roman Civil Law by John Ayliffe, L.L.D, Late Fellow of New College, Oxon, fol. London 1734. Preliminary discourse touching the rise and progress of the Roman Civil Law
• Laws of the barbarous nations in the Western Empire from the year 571 for the space of 500 years
• Laws of the Eastern Empire after Justinians' Death ann. Christ 565