Essays Upon Several Subjects Concerning British Antiquities: Viz. I. Introduction of the Feudal Law Into Scotland. II. Constitution of Parliament. III. Honour. Dignity. IV. Succession or Descent: With an Appendix Upon Hereditary and Indefeasible Right
Essays Upon Several Subjects Concerning British Antiquities: Viz. I. Introduction of the Feudal Law Into Scotland. II. Constitution of Parliament. III. Honour. Dignity. IV. Succession or Descent: With an Appendix Upon Hereditary and Indefeasible Right
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1749 edition. Excerpt: ... ce Time, the Clergy had not only gotten the "Game, but gorged it: Both Right and Pos"session was now become theirs, and Wrong cc done to none but the Clouds." AN'b so it came to be settled, That isa, Man died intestate, neither his Wife, Children, nor next of Kin, had Right to any Share of his Estate, ...
Read More
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1749 edition. Excerpt: ... ce Time, the Clergy had not only gotten the "Game, but gorged it: Both Right and Pos"session was now become theirs, and Wrong cc done to none but the Clouds." AN'b so it came to be settled, That isa, Man died intestate, neither his Wife, Children, nor next of Kin, had Right to any Share of his Estate, but the Ordinary was to distribute it according to his Conscience, to pious Uses; and sometimes the Wife and Children might be amongst the Number of those whom he appointed to receive it; but however, the Law trusted him with the whole Disposition. The first Statute that limited the Power of the Ordinary was 13th, Edward I. C. 19. by which it is enacted, "That where a Man "dies intestate, and in Debt, and the Goods "come to the Ordinary to be disposed, he "shall satisfy the Debts so far as the Goods Z "extend, New Abridgement of the Law, Tit. Executors and Administrators, P. 398, cc extend, in such Sort, as tfte Excntors of c such Person should have done, in case he had made a Will." Afterwards the actual Possession was taken from the Ordinary, by obliging him to give a Deputation to the next and most lawful Friends of the Intestate, for administrating his Goods. 31st Edward III. Cap. 11. But this Sratute proved but a weak Check to the Avarice of the Clergy. Means were fallen upon to elude it, by preferring such of the Intestate's Relations who were willing to offer the best Terms. This corrupt Practice was suffered to the Days of Henry VIII. when the Clergy losing Ground, the Statute 21. Henry VIII. Cap, 5. was enacted, bearing, "That in cafe any Person c die intestate, or the Executors refuse to "prove the Testament, the Ordinary shall "grant Administration to the Widow, or to V the next of Kin, or to both, taking Surety "for true...
Read Less
