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avid King of Scots�察�and  John de Baliol descended from the elder Daughter�察�with divers  other Competitors。      All the Competitors submit their Claim to the Decision of  Edw。 I。 King of England as Superior Dominus Regni Scotiae�察�who  thereupon pronounced his Sentence for John de Baliol�察�and  accordingly put him in Possession of the Kingdom�察�and required  and received his Homage。      The King of England�察�notwithstanding this�察�kept still the  Possession�察�& Insignia of his Superiority。 his Court of King'  sBench sate actually at Roxborough in Scotland�察�Mich。 20�察�21 Ed。  I。 coram Rege�察�and upon Complaint of Injuries done by the said  John King of Scots�察�now restor'd to his Kingdom�察�he summoned him  often to answer in his Courts�察�Mich。 21�察�22 Edw。 I。 Northumh。  Scot。 He was summoned by the Sheriff of Northumberland to answer  to Walbesi in the King's Court�察�Pas。 21。 E。 I。 coram Rege。 Rot。  34。 He was in like wanner summoned to answer John Mazune in the  King's´Bench for an Injury done to him�察�and Judgment given  against the King of Scots�察�and that judgment executed。      John King of Scots�察�being not contented with this Subjection�察 �did in the 24th Year of King Edw。 I resign back his Homage to  King Edward�察�and bid Defiance to him�察�wherefore King Edw。 I the  same Year with a powerful Army entered Scotland�察�took the King of  Scots Prisoner�察�and the greatest part of that Kingdom into his  Possession�察�and appointed the Earl Warren to be Custos Regni�察 �Cressingham to be his Treasurer�察�and Ormsby his Justice�察�and  commanded his Judges of his Courts of England to issue the King  of England's Writs into Scotland。      And when in the 27th Year of his Reign�察�the Pope�察�instigated  by the French King�察�interpos'd in the Behalf of the King of  Scotland�察�he and his Nobility resolutely denied the Pope's  Intercession and Mediation。      Thus the Kingdom of Scotland continued in an actual  Subjection to the Crown of England for many Years�察�for Rot。  Claus。 33 E。 I。 Membr。 13。 Dorso�察�and Rot。 Claus。 34 E。 I。 Memb。  3。 Dorso�察�several Provisions are made for the better ordering of  the Government of Scotland。      What Proceedings there were herein in the Time of Edw。 2 and  what Capitulations and Stipulations were afterwards made by King  Edw。 3 upon the Marriage of his Sister by Robert de Bruce  touching the Relaxation of the Superius Dominium of Scotland�察�is  not pertinent to what I aim at�察�which is�察�to shew how the English  Laws that were in Use and Force in the Time of Edw。 I obtained to  be of Force in Scotland�察�which is but this�察�viz。      King Edward I having thus obtained the actual Superiority of  the Crown of Scotland�察�from the Beginning of the Reign until his  20th Year�察�and then placing John de Baliol in that Kingdom�察�and  yet continuing his Superiority thereof�察�and keeping his Courts of  Justice�察�and exercising Dominion and Jurisdiction by his Officers  and Ministers in the very Bowels of that Kingdom�察�and afterwards  upon the Defection of this King John�察�in the 24th of Edw。 I  taking the whole Kingdom into his actual Administration�察�and  placing his own Judges and great Officers there�察�and commanding  his Courts of King's´Bench ��&c。�� here�察�to Issue their Process  thither�察�and continuing in the actual Administration of the  Government of that Kingdom during Life�此�It is no Wonder that  those Laws�察�which obtained and were in Use in England�察�in and  before the Time of this King�察�were in a great Measure translated  thither�察�and possibly either by being enacted in that Kingdom�察�or  at least for so long Time�察�put in Use and Practice there�察�many of  the Laws in Use and Practice here in England were in his Time so  rivetted and settled in that Kingdom�察�that 'tis no Wonder to find  they were not shaken or altered by the liberal Concessions made  afterwards by King Edw。 3 upon the Marriage of his Sister�察�but  that they remain Part of the Municipal Laws of that Kingdom to  this Day。      And that which renders it more evident�察�That this was one of  the greatest Means of fixing and continuing the Laws of England  in Scotland�察�is this�察�viz。 This very King Edw。 I was not only a  Martial and Victorious�察�but also a very Wise and Prudent Prince�察 �and one that very well knew how to use a Victory�察�as well as  obtain it�此�And therefore knew it was the best Means of keeping  those Dominions he had powerfully obtain' d�察�by substituting and  translating his own Laws into the Kingdom which he had thus  subdued。 Thus he did upon his Conquest of Wales�察�and doubtless  thus he did upon his Conquest of Scotland�察�and those Laws which  we find there so nearly agreeing with the Laws of England used in  his Time�察�especially the Statutes of Westm。 1 and Westm。 2 are  the Monuments and Footsteps of his Wisdom and Prudence。      And�察�as thus he was a most Wise Prince�察�and to secure his  Acquests�察�introduced many other Laws of his Native Kingdom into  Scotland�察�so he very well knew the Laws of England were excellent  Laws fitted for the due Administration of Justice to the  Constitution of the Governed�察�and fitted for the Preservation of  the Peace of a Kingdom�察�and for the Security of a Government�此�And  therefore he was very solicitous�察�by all prudent and careful  Means imaginable�察�to graft and plant the Laws of England in all  Places where he might�察�having before´hand used all possible Care  and Industry for Rectifying and Refining the English Laws to  their greatest Perfection。      Again�察�It seems very evident�察�that the Design of King Edw。 I  was by all Means possible to unite the Kingdom of Scotland ��as he  had done the Principality of Wales�� to the Crown of England�察�so  that thereby Britain might have been one entire Monarchy�察 �including Scotland as well as Wales and England under the same  Sceptre�察�and in order to the accomplishing thereof�察�there could  not have been a better Means than to make the Interest of  Scotland one with England�察�and to knit 'em as it were together in  one Communion�察�which could never have been better done than by  establishing one Common Law and Rule of Justice and Commerce  among them�察�and therefore he did�察�as Opportunity and Convenience  served�察�translate over to that Kingdom as many of our English  Customs and Laws as within that Compass of Time he conveniently  could。      And thus I have given an Essay of the Reasons and Means�察�how  and why we find so many Laws in Scotland parallel to those in  England�察�and holding so much of Congruity and Likeness to them。      And the Reason why we have but few of their Laws that  correspond with ours of a later Date than Edw。 I or at least Edw。  2 is because since the Beginning of Edw。 3 that Kingdom has been  distinct�察�and held little Communion with us till the Union of the  two Crowns in the Person of King James I and in so great an  Interval it must needs he�察�that by the Intervention and  Succession of new Laws�察�much of what was so ancient as the Times  of Edw。 I and Edw。 2 have received many Alterations�此�So that it  is a great Evidence of the Excellency of our English Laws�察�that  there remain to this Day so many of them in Force in that Part of  Great Britain continuing to bear Witness�察�that once that  excellent Prince Edw。 I exercised Dominion and Jurisdiction  there。      And thus far of the Communion of the Laws of England to  Scotland�察�and of the Means whereby it was effected�察�from whence  it may appear�察�That as in Wales�察�Ireland and Normandy�察�so also in  Scotland�察�such Laws which in those Places have a Congruity or  Similitude with the Laws of England�察�were derived from the Laws  of England�察�as from their Fountain and Original�察�and were not  derived from any of those Places to England。     XI。 Touching the Course of Descents in England        Among the many Preferences that the Laws of England have  above others�察�I shall single out Two particular Titles which are  of Common Use�察�wherein their Preference is very visible�察�and the  due Consideration of their Excellence therein�察�may give us a  handsome Indication or Specimen of their Excellencies above other  Laws in other Parts or Titles of the same also。      Those Titles�察�or Capitula Legum�察�which I shall single out for  this Purpose�察�are these Two�察�viz。 1st�察�The hereditary  Transmission of Lands from Ancestor to Heir�察�and the Certainty  thereof�此�and 2dly�察�The Manner of Trial by Jury�察�which�察�as it  stands at this Day settled in England�察�together with the  Circumstances and Appendixes thereof�察�is certainly the best  Manner of Trial in the World�察�and I shall herein give an Account  of the successive Progress of those Capitula Legis�察�and what  Growth they have had in Succession of Time till they arriv'd so  that State and Perfection which they have now obtain'd。      First�察�Then�察�touching Descents and hereditary Transmissions�此 �It seems by the Laws of the Greeks and Romans�察�that the same Rule  was held both in Relation to Lands and Goods�察�where they were not  otherwise disposed of by the Ancestor�察�which the Romans therefore  called Successio ab intestato�察�but the Customs of particular  Countries�察�and especially here in England�察�do put a great  Difference�察�and direct a several Method in the Transmission of  Goods or Chattels�察�and that of the Inheritances of Lands。      Now as to hereditary Transmissions or Successions�察�commonly  called with us Descents�察�I shall hold this Order in my Discourse�察 �viz。      First�察�I shall give some short Account of the ancient Laws  both of the Jews�察�the Greeks�察�and the Romans�察�touching this  Matter。      Secondly�察�I shall observe some Things wherein it may appear�察 �how the particular Customs or Municipal Laws of other Countries  varied from those Laws�察�and the Laws here formerly used。      Thirdly�察�I shall give some Account of the Rules and Laws of  Descents or hereditary Transmissions as they formerly stood�察�and  as at this Day they stand in England�察�with the successive  Alterations�察�that Process of Time�察�and the Wisdom of our  Ancestors�察�and certain Customs grown up�察�tacitly�察�gradually�察�and  successively have made therein。      And First�察�touching the Laws of Succession�察�as well of  Descent of Inheritances of Lands�察�as also of Goods and Chattels�察 �which among the Jews was the same in both。      Mr Selden�察�in his Book De Successionibus apud Hebraeos�察�has  given us an excellent Account�察�as well out of the Holy Text as  out of th

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