Note 315 — Chapter IX · The State.

Amongst the Fragmenta, Act. Parl. Scot., vol. 1, p. 383, s. 29, is one which lays down the rules for the judicial combat, adding that in cases of Disseisin it was optional for the parties to choose the Wager of battle or the Verdict of the good country, either course to be decisive. It is difficult to determine whether this must be regarded as a fragment of Galloway law, or as one of those retrogressions which were incidental to the state of Scottish society after the English wars. The Quon. Attach., 35, 36, however, allude to the Breve de Disseisin et de Mortancestrie as the only familiar legal process, which would appear to place the fragment in question amongst the Galloway laws.