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1100 - 1400
Inheritance rights of daughters and sons in towns.

A portion of the moveable goods of a burgess which were not subject to inheritance laws were divided equally between daughters and sons after his death. The Scots version of this law follows the translation.


Of the partyng a burges gudis

[translation] The custom is in the burghs of Scotland and that for a longer time than any man may think, that if any burgess has children lawfully begotten between him and his wife, and he die, one third of all the goods shall go to the children, daughters or sons. And the eldest son and lawful heir of that same man shall have the same portion of the goods evenly with the other bairns unless he has already taken a portion and he be fastened forth.

The custum is in the burghis of Scotlande, and that lang tyme that na man may thynkk That gif ony burges hafe barnis lauchfully gottin betuix hym and his wyfe, and he dee, the thryd part of all the gudis sall be to the barnis dochteris or sonnys. And the eldest sonne and lauchful ayre of that samyn man sal hafe the samyn porcione of the gudis evinly with the tothir barnis bot gif he hafe takin a porcione of befor and he be festnyt furth.


Ancient Laws and Customs of the Burghs of Scotland, Vol. 1.1124-1424 ed Cosmo Innes (Edinburgh: Scottish Burgh Records Society, 1868), Leges Burgorum, no. 115, pp 55-56. Translation by E. Ewan

Tags: law children inheritance