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Boswell, James, 1740-1795

"Tour to the Hebrides (1773) and Journey into North Wales (1774)"

This, he assured us, was a true story.
M'Quarrie insisted that the _Mercheta Mulierum_, mentioned in our old
charters, did really mean the privilege which a lord of the manor, or a
baron, had, to have the first night of all his vassals' wives. Dr.
Johnson said, the belief of such a custom having existed was also held
in England, where there is a tenure called _Borough English_, by which
the eldest child does not inherit, from a doubt of his being the son of
the tenant[860]. M'Quarrie told us, that still, on the marriage of each
of his tenants, a sheep is due to him; for which the composition is
fixed at five shillings[861]. I suppose, Ulva is the only place where
this custom remains.
Talking of the sale of an estate of an ancient family, which was said to
have been purchased much under its value by the confidential lawyer of
that family, and it being mentioned that the sale would probably be set
aside by a suit in equity, Dr. Johnson said, 'I am very willing that
this sale should be set aside, but I doubt much whether the suit will be
successful; for the argument for avoiding the sale is founded on vague
and indeterminate principles, as that the price was too low, and that
there was a great degree of confidence placed by the seller in the
person who became the purchaser. Now, how low should a price be? or what
degree of confidence should there be to make a bargain be set aside? a
bargain, which is a wager of skill between man and man.


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