A Dictionary of the Older Scottish Tongue (up to 1700)
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First published 1983 (DOST Vol. V).
This entry has not been updated since then but may contain minor corrections and revisions.
Petitory, -ie, -ye, a. Also: -oury; petatory. [Cf. e.m.E. petitory petitionary (1579). Cf. Petito(u)ra. (n.).] a. Of a title or claim: Appar., That is or may be, established or confirmed by a petitory action, as in b. b. Of an action: Raised by petition (Petitio(u)n(e n. 3) in respect of a right claimed by the petitioner.(1) 1439 Soc. Ant. Charter (Reg. H.) No. 5.
Fra al titil off richt bathe petitory and possessory of al the saide landis I and myne airis salbe excludit 1474 Aboyne Rec. 17.
Al rycht & clame propertie & possession als wele petitoury as possessoury 1477 Stirlings of Keir 250.
Petatory 1502 Douglas Bequest 10 Sept. 1505 Lennox Mun. 175. 1509 Antiq. Aberd. & B. II. 265.
Petitorye(2) 1614 Peterkin Orkney & Zetl. App. 94.
The udal rights of Orkney … give the same right as infeftments and thence arise the same petitory actions 1674 Glasgow Chart. II. 183.
Petitorie 1681 Stair Inst. iv. iii. § 47 (1832) 585.
Declaratory actions are those wherein the right of the pursuer is craved to be declared but nothing is claimed to be done by the defender … Petitory actions are those which proceed without a declarator for establishing an entire right in the pursuer whether it be real or personal such as the restitution or delivery of moveables … These actions are also called petitory judgments not … that something is claimed from the judge but that something is claimed to be done or permitted by the defenders … Possessory actions or judgments are those wherein an absolute right is not insisted for but possession is claimed to be attained retained or recovered; … actions for making arrested goods forthcoming affecting personal debts are not possessory but petitory Ib. xxi. § 1 (1832) 625.
Actions before the Lords of Session were formerly divided into actions declaratory … petitory and possessory actions 1694 Fountainhall Decis. I. 610. —1682 Fountainhall Decis. I. 178.
That act [= decision] … is declaratory what is the import and strength of these extracts in our law and custom; And 2do it is petitory that they may pay them the same deference and respect
