The History of the Common Law of England [64]
by Mr Skeen in Scotland. It would be too long to Instance in all the Points that might be produced; and therefore I shall single out some few, remitting the Reader for his further Satisfaction to the Book itself. Dower of the Wife to be the Third Part of her Husband's Lands of Inheritance; the Writ to recover the same; the Means of forfeiting thereof by Treason or Felony of the Husband or Adultery of the Wife; are in great Measure conformable to the Laws of England. Vide Regiam Majestatem, Lib. 2. cap. 16, 17. and Quoniam Attachiamento, cap. 85. The Exclusion of the Descent to the elder Brother by his receiving Homage, which tho' now antiquated in England, was anciently received here for Law, as appears by Glanville, Lib. 7. cap. I. and Vide Regiam Majestatem, Lib. 2. cap. 22. The Exclusion of Daughters from Inheritances by a Son: The Descent to all the Daughters in Coparcenary for want of Sons; the chief House allotted to the eldest Daughter upon this Partition; the Descent to the Collateral Heirs, for want of Lineal, &c. Ibid. cap. 24, 25, 26, 27, 28, 33, 34. But this is now altered in some Things Per Stat. Rob. cap. 3. The full Ages of Males 21, of Females 14, to be out of Ward in Socage 16. Ibid. cap. 42. That the Custody of Idiots belonged to the King, Ibid. cap. 46. The Custody of Heirs in Socage belong to the next of Kin, to whom the Inheritance can't descend. Vide Regiam Majest. cap. 47. The Son born before Marriage, or Bastard eigne, not to be legitimate by the Marriage after, nor was he hereditable by the ancient Laws of Scotland, though afterward altered in Use, as it seems, Regiam Majest. cap. 51. The Confiscation of Bona Usurariorum, after their Death, conform to the old Law here used. Ibid. cap. 54. tho' now antiquated. The Laws of Escheats, for want of Heirs, or upon Attainder. Ibid. cap. 55. The Acquittal of Lands given in Frank-Marriage, till the fourth Degree be past, Ibid. cap. 57. Homage, the Manner of making it with the Persons, by, or to whom, as in England, Ibid. cap. 61, 62, 63, &c. The Relief of an Heir in Knights Service, of full Age, Regiam Majestatem, cap. 17. The Preference of the Sister of the whole Blood, before the Sister of the half Blood. Quoniam Attachiamento, cap. 89. The single Value of the Marriage, and Forfeiture of the double Value, precisely agree with the Statute of Marlbridge. Ibid. cap. 91. The Forfeiture of the Lord's disparaging his Ward in Marriage, agrees with Magna Charta, and the Statute of Marlbridge. Quoniam Attachiamento, cap. 92. The Preference of the Lord by Priority to the Custody of the Ward. Ibid. cap. 95. The Punishment of the Ravisher of a Ward, by two Years Imprisonment, &c. as here. Ibid. cap. 90. The Jurisdiction of the Lord in Infangtheof. Ibid. cap. 100. Goods confiscate, and Deodands, as here, Liber De Modo tenendi Cur. Baron. cap. 62, 63, 64. And the like of Waifs. Ibid. cap. 65. Widows, not to marry without Consent of the Lord, Statute Mesei. 2. cap. 23. Wreck of the Sea, defined precisely as in the Statute Westm. 2. Vide Ibid. cap. 25. The Division of the Deceased's Goods, one Third to the Wife, another Third to the Children, and another to the Executor, &c. conformable to the ancient Law of England, and the Custom of the North to this Day. Lib. 2. cap. 37. Also the Proceedings to recover Possessions, by Mortdancester, Juris Utrum, Assise de Novel disseisin, &c. The Writs and Process are much the same with those in England, and are directed according to Glanville, and the old Statutes in the Time of Edw. I. and Hen. 3. Vide Regiam Majestat. Lib. 3. cap. 27 to 36. Many more Instances might be given of many of the Municipal Laws of Scotland, either precisely the same with those in England, or very near, and like to them: Tho' it is true, they have some particular Laws that hold not that Conformity to ours, which were introduced either by particular or common Customs, or by Acts of their