Scotland under her early kings, Volume 1 (of 2) : $b a history of the kingdom to the close of the thirteenth centuryRobertson, Eben William
History
Scotland under her early kings, Volume 1 (of 2) : $b a history of the kingdom to the close of the thirteenth century
Robertson, Eben William
Scotland -- History -- To 1603
to pay his father’s debts; the Burghal Code justifying this exception
from the ordinary rule by the admission that “nede has na law.” Twelve
witnesses were required for the purchase of a burgage tenement, the
twelve next door neighbours apparently, who stood in the place of the
kindred of earlier times--the occupants of the four houses on either
side and of the four immediately opposite; and if the tenement was held
without dispute for a year and a day--the period which also seems,
from time immemorial, to have conferred the right of participating
in the privileges of “the neighbourhood” in the rural districts--it
became the absolute property of the purchaser, unless the former
owner could show that he was a minor, or beyond sea, at the time of
the purchase. The perfect freedom of burgage tenure was ensured by
the provision that “If any man’s _thryll_, baron’s or knight’s,
comes to the burgh and buys a burgage, and dwells in his burgage a
twelvemonth and a day, without challenge of his lord or his baillie,
he shall be ever more free as a burgess within that king’s burgh, and
enjoy the freedom of that burgh;” an enactment, not so much aimed at
encouraging fugitive native-men from the rural districts to settle in
the towns, as against a previous state of society which still exists in
Russia--or existed lately--in which the bondman might rise to wealth
and station as a citizen, without shaking off the thraldom which bound
him to his original proprietor. As, after the enfranchisement of towns,
the undisputed possession of a burgage tenement for a year and a day
conferred the proprietorship of a freehold, it necessarily carried with
it, like the gift of arms at an earlier period, the indisputable rights
of a freeholder.[328]
Public-domain text, read in full here on John Shaqi.
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