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Old Photographs, Recognition, Handwriting Deciphering => Handwriting Deciphering & Recognition => Topic started by: ThumbelinaPM on Wednesday 19 March 25 13:48 GMT (UK)
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Hi, thanks to a member of this forum, I have digitised copies of 13-15 sasines relating to my Scottish ancestors. So now I have great copies but still have no idea how to translate them.
I am working through a free Open University course on Paleography (the study of ancient or historical handwriting) which I am hoping will help me.
However, I wondered whether, like a Will, a sasine might have a basic format to it eg Date, (someone) gave (someone) a piece of land (somewhere) and perhaps what it was worth and who it was witnessed by etc but this is a pure guess. Does anyone know? I have read all online info on Scotland's People etc but can't find an answer to this question. I was hoping if there was such a format, once I have managed to translate one from Secretary Hand, the others will follow more easily. Wishful thinking?.
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I transcribed or took the salient information from many many sasines in a past role, from the 18th century onwards. Yes, there was a format followed but this may vary between writers [solicitors], year and location. I don't recall ever having seen an amount of money apart from feu duty payable.
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You should post one of your sasines here in sections and the elves will transcribe for you and translate the Latin.
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Thank you for the help.
I would be glad to post a saine but they're quite large documents so am not sure how I could but I will try... Watch this space...
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and more ...
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and the last part...
Thanks in advance and with hope!
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Larger images would help - try to post the largest image that rootschat allow, resize your images if necessary. I will look at your postings later. Certainly not in Latin! And not in secretary hand. Look in your course to get familiar with how years in numerals are written.
General notes: any land transferred [if it is land - could be fishings] in any sasine is after the 'All and Haill/Whole' part, there may be more than one subjects [usually signified by roman numerals I, II etc.]. For land some earth used to be transferred, for fishings water etc.; sometimes the land is described as 'part of the Lands of xxx' where xxx is the estate of the feudal superior; sometimes the areas and/or dimensions and/or neighbours are mentioned.
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Thank you so much.
The text goes over a page so have done it in the two pieces
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Others obviously have different handwriting but as you say I am wrong about what hand it is written in.
I will take your advice and look at dates etc in my course.
Thank you again for having a go. I really appreciate it.
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The first clip.
James Thomson At Hamilton the twelth day of November Jajvij &c fourteen yeirs The sasine
underwrytne was produced by John [ ] wryter in Hamilton & reg[ist]rat the s[ai]d Day
wherof the tennor followes
In the name of God Amen Be it known to all men by this pr[esen]t publick instrument that upon the
Eighth day of October in ye yeir of ye Incarnatione of our lord god Jajvij &c fourteen & of our
Sov[ereign Lo[rd] the
kings reigne the first yeir In presence of me nottar publick & witnesses heirto sub[ ]ing Compeired
personaly upon
ye ground of ye Lands underwrytne James Thomson eldest law[fu]ll sone to James Thomson eldest
law[fu]ll son to
James Thomson por[tion]or of glentore Haveing & Holding in his hands ane contract of mariadge
containing
the dispositione & precept of sasine underwrytne yrintill made & perfited betwixt ye s[ai]d James
Thomsone
NB. Jajvij &c = 1700. Jajvij &c fourteen = 1714.
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The second clip
younger with ye special advyce & consent of ye s[ai]d James Thomsone elder his father & ye s[ai]d
James Thomsone
elder for himself & his own interest y[e]rinspe[cife]it with advyce of his s[ai]d sone And they both
with one advyce
consent and assent one (= on) the ane pairt and Anna stone fourt law[fu]ll dau[ghte]r to Henry
stone in [ ] with
consent of her s[ai]d father & ye s[ai]d Henry stone for himself & his own right & interest
y[e]rinexprest with consent of his said
dau[ghte]r And they both with ane consent of ye oy[e]r pairt of ye date at Casseyend of Eastfield
the last day of July last
bypast in ye yeir Jajvij &c fourteen fors[ai]d wherby & in respect of q[uhi]ch mariadge & oy[e]r
causes [ ] ye s[ai]d James
Thomsone elder sold annalzied & disponed frae him & all oy[e]rs his airs & assigneys to and in
favour of ye s[ai]d James
Thomsone younger his sone & ye children ane or moe to be procreat betwixt him & ye s[ai]d Anna
stone his future
spouse q[uhi]lks failzeing to ye s[ai]d James Thomsone younger his aither oy[e]r airs & assigneys
whatsomever hered[itab]ly
& Irredeemably but any manner of revertione redemptione or regress (with & under ye
reservationes
& burdens aftirmentioned) All & haill y[a]t ye s[ai]d James Thomson elder his fifteen shilling land (of
old extent)
of easterglentore with houses biggings yeards mosses muirs meadows pasturadge grass coall &
lymestone pairts
pendicles & haill pertinents y[ai]rof whatsomever & as ye samen are all pr[esent]ly possest by ye
s[ai]d James Thomson
elder & younger & y[ai]r tenents Comprehending y[ai]r haill lands lying within ye paroch of
Eastermunckland
NB. Jajvij &c = 1700. Jajvij &c fourteen = 1714.
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Sincere thanks for this work GR2. I would never had got there. Could I ask what handwriting the document is written in please?
I admit to being quite confused to the content so will need to work on it!
Many thanks again
Gillian
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As usual, especially with place-names, a word that's not 100% clear at the start appears again later on and is obvious. From the third clip, the place I left blank in the previous two clips is Glentore. I have gone back and filled them in.
This is not really secretary hand, which you would find in the 16th and into the 17th centuries, but just a more modern style developed through the 17th and into the 18th century. The language is different from earlier documents too. Earlier you would only find quhilk (= which), but here you get both quhilk and which. Earlier you would get "thir" where this document uses "these".
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The third clip (first part)
and sherifedome of Lanerk In ye q[uhi]lk lands & oy[e]rs y[e]rby disponed lying & possesit as s[ai]d is
ye s[ai]d James Thomson
elder y[e]rby band & obleidged him his airs & successors to duely & law[fu]lly infeft & sease ye s[ai]d
James Thomson younger &
his fors[ai]ds Whilks failzeing as s[ai]d is hered[itab]ly & Irredeemably (under ye reservations &
burdens particularly
y[e]rinspe[cifie]d & y[a]t by double infeftments bearing the holding with warrandice in manner
speci[fie]d in ye s[ai]d contract as
ye samen of ye date fors[ai]d containing ye s[ai]d precept with ye precept of sasine heirafterinsert
with severall
other clausses & conditions be (= by) aither party [ ] oy[e]rs hinc inde y[e]rintill more fully
proports Which contract of
Mariage ye s[ai]d James Thomson presented & delyvered to Andrew Dick of campston Baillie in y[a]t
pairt
by ye precept of sasine y[e]rin & underwryten specialy constitute requireing him to execute ye office
of bailliary
Incumbent to him y[e]rby Which desyre being reasonable ye s[ai]d Baillie was willing to grant &
took the fors[ai]d
Contract of Mariage in his hands & delyvered ye samen to me nottar publick heretosub[scri]ving
who read &
published in audience & presence of ye witnesses afternamed & q[uhi]ch I did & of q[uhi]ch precept
of sasine ye tennor
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Third clip (second part)
followes & is thus And to ye efect ye s[ai]d James Thomson younger maybe the more conveniently
infeft & seast
in ye s[ai]ds Lands & pertinents y[e]rof fors[ai]d to be holdne of ye s[ai]d James Thomson elder his
father & his fors[ai]ds of his
imediat law[fu]ll superiors in manner a[fore]wrytne ye s[ai]d James Thomsone elder desyres &
requires you Andrew
Dick of Campston [ ] or any of you con[junct]lly & se[ver]ally his Baillies in y[a]t pairt spe[ci]ally
constitute y[a]t upon sight
heirof ye passe to ye ground of any pairt of ye fors[ai]ds Lands of glentore & y[e]r give here[tabi]ll
state & sasine with possessione
corporeal and actwall & reall of all & haill ye fors[ai]d fifteen shill[ing] Land (of old extent) of easter
glentore with
howses biggings yeards mosse muirs meadows pasturadge grass & coall & lymestone pairts
pendicles & pertinents
y[e]rof whatsomever possest & lying as s[ai]d is Comprehending as afors[ai]d to ye s[ai]d James
Thomson younger or his fors[ai]ds
or to his certain actorney or actorneys ane or moe in his name bearer or bearers heirof by
delyverance of earth
and stone of the ground of any pairt of ye s[ai]ds Lands a[fore]ment[ion]ed as use is to be holdne &
with & under the reservatione
and burding particularly a[fore]settdoun Conforme to ther p[rese]nts & infeftments to follow
heirupon in all poynts
and this on no way ye leave undone ye q[uhi]lk to doe ye s[ai]d James Thomson elder commits to
you con[junct]lly & se[ver]ally
his Baillies in y[a]t pairt fors[ai]d his full & irrevocable power by y(i)r p[rese]nts In witnes q[uhai]rof
y(i)r p[rese]nts (wrytne be patrick
stone clerk of Torphichen) & [ ] one marginal note place day moneth & year of god fors[ai]d Before
these witnesses
James Thomsone of Bogsyde William Waddel of Eastermoffat & ye s[ai]d patrick stone sic
sub[scribi]tur James Thomsone
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You're doing an amazing job GR2. I am away from today but will join in when I can, maybe ThumbelinaPM will post more of them and we can split them up between us!
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This is amazing! I have had these sasines for years and never managed to find out what they say!
I am so grateful.
I will post more in case you both have time, there is no rush! But I understand completely if not.
I am hoping in time that they will link to each other as the land moves from one person to another. I have several Portioners in my Thomsons relating to Easter Glentore.
Thank you again.
Next is RS18-140-141
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Fourth clip (first part)
(Some parts have to be reconstructed as the right hand edge is tightly bound.)
younger Anna Stone James Thomsone elder Henry Stone John Thomson witnes W[illia]m Waddell
witnes Pa[: Stone?]
after ye reading & publishing of the q[uhi]ch Contract of Mariage & dispositione & precept of sasine
a[for]insert y[e]rin
ye s[ai]d Andrew Dick Baillie in y[a]t pairt fors[ai]d by ye power & vertue of his office gave &
delyvered here[tabi]ll state & [sasine]
with possessione corporall actwall & reall of all & haill ye s[ai]d fifteen shill[ing] Land (of old extent)
of easter glen[tore]
with howses biggings yeards mosses muirs meadows pasturadge grass coall & lymestone pairts
pendicles [& haill]
pertinents y[e]rof whatsomever possest & lying as s[ai]d is Comprehending as s[ai]d is lying to ye
s[ai]d James Thomson you[nger]
& y[a]t by delyverance made by ye s[ai]d Andrew Dick baillie of earth & stone of ye ground of ye
s[ai]d Lands as use is [intill]
James Thomson younger his own hand personaly present & receiveing the samen to be holdne &
with & under
reservations & burden particularly exprest in ye s[ai]d Dispositione Conform to ye s[ai]d Contract
Dispositione & [precept]
a[for]insert y[e]rincontained in all poynts wherwpon & wpon all & sundrey ye premisses ye s[ai]d
James Thomson
asked & took instruments ane or moe in ye hands of me nottar publick hereto subscriveing y(i)r
things [ ]
and done wpon the ground of the fors[ai]d fifteen shilling Land (of old extent) of Easter glentore
betwixt [ye hours]
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Fourth clip (second part)
of tuo and halfe four afternoon day moneth yeir of god & kings reigne a[for]settdown In presence of
Patrick [Whyt]
of [torbeantrees?] Willam orr of forestburn John Thomson of bogsyde & divers oy[e]rs witnesses to
ye [haill premisses]
called & required sic sub[scribi]tur Et ego vero Partricius stone clericus edinburgensis diocesis
notarius publicus [auctoritate]
regali ac per dominos concilij et sessionis secundum tenorem acti parliamenti admissus Quia
premissis [omnibus]
et singulis dum sicut premititur dicerentur agerentur et fierent una cum prenominatis testibus
presens
personaliter interfui Eaque omnia et singula premissa sic fieri vidi scivi audivi ac in notam cepi
Ide[oque]
hoc presens publicum instrumentum manu mea fideliter script[um] Exinde confeci et in hanc publici
instr[umenti]
formam redegi signoque nomine et cognomine meis solitis et consuetis signavi In fidem [robur]
et testimonium veritatis omnium et singulorum premissorum rogatus et requisitus quod [ ] testibus
Patrick Whyt witnes William Orr witnes John Thomsone witnes
(The last bit, in Latin, states the notary's authority, that he was present, and how he wrote up the instrument of sasine, and gives the names of three witnesses. What you have here, of course, is not the original document written by Patrick Stone, but a copy of it made in the register.)
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Thank you GR2. Amazing work!
When you say 4th part 2nd clip, is this for RS18-140-141 i.e. the latest 2 images I posted?
Thanks in advance
Gillian
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The transcriptions done so far are of RS42.12.369, posted by you in four clips (you then posted the same sasine in two parts). Because there is a limit to the amount you can write in one post, I had to break up the 3rd clip of RS42.12.369 into two parts and the same for the 4th clip of the sasine. What you have up to now is the whole of RS42.12.369.
The next thing you posted was the beginning of RS42.21.42, which I will transcribe in the following post.
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The clip showing the start of RS42.21.42
Sas[ine] Mr Will[ia]m } At Hamilton the Twelfth Day of June Mvij c & Seventy nine years The
Thom &c} Sasine underwtitten was then produced by Francis Hamilton writer in
Hamilton
& Registred said day as follows.
In the Name of God amen Be it known to all men by this public Instrum[en]t of Sasine That upon ye
Seventh
day of June in the year Mvij c & Seventy nine & of ye reign of our So[vereign] Lo[rd] George ye
third by ye Grace of
God King of Great Britain France & Ireland Def[ende]r of ye faith ye Eighteenth year In presence of
me
notary public & ye witnesses afterment[ione]d hereto subscribing appeared upon ye grounds of ye
lands
afterment[ione]d a discreet man Rob[er]t Graham port[ione]r of Airdrie Baillie in that part Specially
constitute by ye precept of sasine hereinafter insert appeared also Mathew Steele Son of Rob[er]t
Steele farmer in Langdales as pro[curato]r & attorney for & in name of ye Rev[eren]d Mr W[illia]m
Thom [ ]
after designed In whose favour ye heretable Bond & precept of Sasine after ingrost is made &
granted
The s[ai]d Mathew Steele as pro[curato]r & attorney fores[ai]d Having & in his hands Holding an
heretable Bond
of ye date of these presents wrote upon Stampt paper made & granted by And[re]w Thomson
port[ione]r of
Easter Glentore & wright in Airdrie Eldest son & heir of ye deceased James Thomson portioner of
Easter
(NB Mvij c = 1700; Mvij c & Seventy nine = 1779.)
(You haven't posted any more of this sasine.)
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My mistake - sorry GR2.
So here is the 2nd, 3rd & 4th image of sasine RS42.21.42.
I don't think it is that long but I couldn't work out when it finishes before I see the name Clark1 Hopefully you can.
Thank you again,
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Hi. The images 2, 3 and 4 of RS42.21.42 which you have just posted are too fuzzy when enlarged to be certain of every word. Perhaps posting smaller sections as you did for RS42.12.369 would make them clearer.
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Good idea. Here goes from snip 2a-2d...
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RS42.21.42 snips 3a-d
This seems a very long sasine!
Snips 4a-c to follow...
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RS42.21.42 snips 4a-c.
Thank you
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RS42.21.42 - snip 2a
Easter Glentore & duely Entered & Infeft in ye lands underwritten in favour of ye Rev[eren]d Mr
William
Thom Minister of ye Gospel at Govan & John Belsh precentor & Session Clerk & Treasurer [of]
ye parish of Govan for behoof of themselves & Kirk Session & poor of ye s[ai]d parish containing [in]
ye end y[e]rof ye precept of Sasine herein after ingrost Whereby ye s[ai]d And[re]w Thomson for ye
causes y[e][rin]
[ ]nt[e]d Bound & obliged him as heretable proprietor of ye lands afterment[ione]d & his heirs &c
To [ ]
& [ ]lly infeft & sease ye s[ai]ds Mr William Thom & John Belsh & their successors in office [ ]
& Kirk Treasurer of ye parish of Govan for behoof of themselves & ye Kirk Session & poor of [ye
s[ai]d]
parish & their deponees & assignees afores[ai]d heretably but under reversion in manner
under[written]
Not only in all & whole an yearly a[nnual]rent of fifteen pounds Sterling or such an a[nnual]rent
lesser [ ]
as by ye laws of this Kingdom for ye time should Effeir & correspond to ye principal Sum [of]
Three Hundred pounds Ster[ling] yearly to be uplifted & taken at two terms in ye year Martin[mas
&]
Whits[unda]y by equal portions beginning ye first terms paym[en]t y[e]rof upon ye term of
Martinm[as]
for ye half year immediately preceeding & sofurth to continue in all time coming during ye time [ye]
s[ai]d prin[cipa]ll sum should remane unpaid & ye lands afterment[ione]d unredeemed & one pound
ten shill[ing]s [ ]
penalty for each terms faillie attour of termly paym[en]ts to themselves Furth of all & haill the
Fifteen shilling land of old extent of Easter Glentore w(i)t(h) houses biggings yeards mosses muirs
meadows pasturage Grass coal & lymestone parts pendicles & pertinents y[e[rof whatsoever
conform to ye meiths & marches of ye same as they were possessed by ye deceased Ja[me]s
Thomson
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An aside, ThumbelinaPM - although they didn't start till the 1870s, do you have the First Series search sheet for the [15s] Lands [of old extent] of Easter Glentore? Do you know which estate they formed part of? That estate's records may still have the original dispositions/feu charters/leases on which these sasines are based.
The NRS have the following records, sadly no maps.
BR/NBR/8/1087 General Manager's file re siding for Easter Glentore Colliery 1865 This record is Open.
CS97/93/B4A Easter Glentore, East Markland, Lanarkshire 1820 This record is Open.
CS271/43542 Bill of Suspension and Interdict Arthur Wilson (Willson, Wilsone), writer in Edinburgh, heritable creditor to John Arthur, portioner of Easter Glentore v John Fleming of Craigs, & another (Trustees of John Arthur of Easter Glentore) 12 May 1788 This record is Open.
RH9/4/121 Inventory of James Whyte's writs, 1667-1726, of lands of Wester Glentore in parish of Easter Monkland, sheriffdom of Lanark 1731 This record is Open.
RH9/17/362 Tacks (leases) and missives of let: University of Glasgow to Nicol Spence, writer in Edinburgh, of parsonage teinds of his half of the easter 16s. land of Glentore in parish of New Monkland, sheriffdom of Lanark, for term of 13 years 15-16 Feb 1738 This record is Open.
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Thanks GR2!
Thanks for that info Josie; I know nothing about any of that and only got the sasines information from someone here at Rootschat (Forfarian) some years ago. So Mum and I went to the records office and bought copies which proved not good enough to be transcribed. So I've just bought digitised copies which GR2 has been kindly transcribing (translating?)
So any information is news to me!
I have been to Easter Glentore Farm and emailed them recently to ask if they knew of the history of the area but they didn't. They did say there were two farms named Easter Glentore but I can't get any farther with that line.
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RS42.21.42 snip 2b
father of ye s[ai]d And[re]w Thomson & his predecessors & now by ye s[ai]d And[re]w Thomson &
his tenan[ts]
y[e]rin all lying in ye parish of East Monkland & Shire of Lanark or furth of any part & port[ion]
of ye s[ai]d lands & oy[e]rs & first best & readiest of ye rents mails farms profits & duties of ye
Same [ ]
also without prejudice of ye s[ai]d infeftm[en]t of a[nnual]rent in all & Haill ye s[ai]d lands & oy[e]rs
before [ ]
themselves and that not only for & in real Security to ye s[ai]d Mr W[illia]m Thom & John Belsh [&]
their fores[ai]ds for behoof fores[ai]d of ye fores[ai]d prin[cipa]l Sum of Three Hundred pounds
Sterl[ing] & [ ]
ye liquidate penalty obliged y[e]rfore cont[aine]d in ye s[ai]d heretable Bond & termly faillies if
incurred & of ye expence of ye infeftm[en]t to follow upon or in defence of ye ground rig[ht]
& property of ye s[ai]d lands But also to ye end by absolute right of property of ye s[ai]d lands &
oy[e]rs [ ]
as heretably & irredeemably vested in ye persons of ye s[ai]d Mr William Thom & John Belsh & [ ]
fores[ai]ds so as they might be fully entitled & impowered notwithstanding the clause [of]
reversion underwritten to Sell & dispone of ye s[ai]d lands & oy[e]rs in ye events for ye purpose &
[ ]
ye conditions after specified, & that by two Several infeftments & manners of holding [ ]
vel de me in manner y[e]rin ment[ione]d & for that effect y[e]rin granted pro[pert]y of resignation
[in]
ordinary & ample form as well of ye s[ai]d a[nnual]rent as of ye property of ye s[ai]d lands &
oy[e]rs in
favours & for new heretable infeftm[en]t State & Sasine of ye s[ai]d lands & a[nnual]rent upliftable
furth y[e]rof to be made given & granted to ye s[ai]d Mr W[illia]m Thom & John Belsh and th[ ]
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Thanks GR2.
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New sasine: RS42.9.384 in snips 1 - 4, others to follow...
Thanks in advance :)
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continued...
RS42.9.384 in snips 5-8, others to follow...
Thanks in advance :)
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Final RS42.9.384 in snips 9-10.
Thanks in advance :)
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Sorry GR2, I was going to suggest we shared the next one but I am less familiar with that older hand so will have to leave RS42.9.384 to you!
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RS42.21.42 snip 2c
Successors in office & their fores[ai]ds for behoof of fores[ai]d of ye same accordingly But [ ]
y[e]rby Specially provided & declared & ordained to be insert in ye infeftments to follow
y[e]ron that ye s[ai]d a[nnual]rent & haill lands & oy[e]rs out of which ye same is upliftable should be
redeemable by ye s[ai]d And[re]w Thomson his heirs & Successors by their paym[en]t making to ye
s[ai]d
Mr W[illia]m Thom & John Belsh or their successors in office or their fores[ai]ds of ye fores[ai]d
prin[cipa]l [ ]
haill bygone a[nnual]rents y[e]rof resting at ye time liquidate & termly penalties if incurred &
expence of expeding ye infeftments to follow y[e]ron or in defence of ye ground right [&]
property of ye s[ai]d lands whole & together in one Sum & that in or before ye term of Whits[unday]
Mvij c & Eighty or in any oy[e]r term y[e]rafter within ye respective periods or spans of time
afterment[ione]d upon premonition always of forty days to be made to ye s[ai]d Mr W[illia]m Thom & John
Belsh or their Successors in office or either of them or their fores[ai]ds in presence of a Notary
public & witnesses as effeirs and that upon paym[en]t being so made they should be b[ound]
& obliged to denude & divest themselves of ye s[ai]d Infeftments of a[nnual]rent & property in
favours of ye s[ai]d And[re]w Thomson or his fores[ai]ds & Simpliciter discharge ye s[ai]d heretable
B[ond]
& Infeftm[en]t in ye habile way such writs as ye s[ai]d And[re]w Thomson or his fores[ai]ds should
desire [ ]
be granted for that purpose being always done & agrede on their own Charges and [ ]
y[e]rby also provides & declares that in case he ye s[ai]d And[re]w Thomson or his fores[ai]ds
should faile or re[ ]
to redeem ye s[ai]d lands in manner a[bove]written within ye space of five years from & after ye date
(Mvij c & Eighty = 1780.)
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RS42.21.42 snip 2d
of ye s[ai]d Heretable Bond or should suffer two full years a[nnual]rent of ye s[ai]d prin[cipa]l sum to
remain unp[aid]
That then & in either of these cases ye clause of reversion beforewritten should cease & [ ]
faile become void & null & ye right & property of ye s[ai]d lands should y[e]rupon become heretably
& irredeemably vested in ye persons of ye s[ai]d Mr W[illia]m Thom & John Belsh & their successors in
office for behoof fores[ai]d & their fores[ai]ds & they should y[e]rby have full power & liberty to sell
& dispose of ye fores[ai]d lands & oy[e]rs or any part y[e]rof they should think proper in manner &
[ ]
ye effect afterment[ione]d and in order that they might be freely authorised without any Declaration
[ ]
order of Law whatever to execute such sale without obtaining his consent He in either of [ ]
events before Specified Sold & heretably & irredeemably forever disponed from him & all
oy[e]rs his assignees To and in favours of ye s[ai]d Mr W[illia]m Thom & John Belsh & their
successors in
office for behoof fores[ai]d & their disponees & assignees all & Haill ye lands & oy[e]rs respective
before Specified with full power & authority to them within ye Space of six months
after either of ye afores[ai]d events should happen to occurr or at any time y[e]rafter to sell &
dispose of ye fores[ai]ds Lands & oy[e]rs uplift & receive ye price y[e]rof & to apply ye same in ye
fores[ai]d
place in paym[en]t of ye principal sum beforement[ione]d a[nnual]rent y[e]rof that might be resting
at ye time ye expence of expeding ye Infeftments to follow y[e]ron expence of executing
ye s[ai]d sale & all oy[e]r expences whatsoever they should deburse in relation to ye premisses [ ]
which expences should be liquidated by their own honest words or oaths if in life or by
Subscribed
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New Sasine: RS4220.482 snips 1-3, a short one!
Many thanks
Gillian
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New Sasine: RS42.21.182 snip 1 - 3 ...
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continuation of New Sasine: RS42.21.182 snips 4 - 5
Thank you again.
Gillian
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RS42.21.42 snip 3a
Subscribed [ ] under their or their Doers hands in case of their decease in place
of all approbation and in ye Second place that ye s[ai]d Mr W[illia]m Thom & John
Belsh & their fores[ai]ds should be Bound & obliged as they by their [ ]
[ ] y[e]rof Bound & obliged them & their fores[ai]ds to be accountable for & in the paym[en]t to
him ye
s[ai]d And[re]w Thomson his heirs Exe[cuto]rs or assignees of ye residue or surplus of ye price of
ye lands that
might remane after they were fully satisfied & paid as afores[ai]d and Declaring that ye fores[ai]d
Events should be effectually ascertained & instructed to have happened by an Instrument of
Intimation under ye hand of a notary public & witnesses to be made to ye s[ai]d And[re]w Thomson
or
his fores[ai]s personally or at their dwelling places & which should have all ye strength and
effect of a Declarator to all intents and it is also provided & Declared that ye s[ai]ds Mr W[illia]m
Thom &
John Belsh & their fores[ai]ds should be obliged upon ye s[ai]d And[re]w Thomsons Charges To Sell
& dispone
of ye s[ai]d Lands by public roup within ye Toun of Glasgow & to advertise ye sale y[e]rof Six
Several
times in ye Edin[bu]r[gh] & Glasgow newspapers immediately preceeding ye day appointed for the
roup & after ye fores[ai]d Intimation & advertising they & their fores[ai]ds should have full power to
proceed
to ye sale without ye consent of him or his fores[ai]ds & without any declarator or order of Law
whatever
to be obtained for that effect And ye s[ai]d And[re]w Thomson obliged him & his fores[ai]ds that
any Right or
Conveyance of ye fores[ai]d lands & oy[e]rs to be granted by ye s[ai]ds Mr W[illia]m Thom & John
Belsh or their
fores[ai]ds to ye purchaser or purchasers y[e]rof in either of ye events before specified & after [ ]
intimation
& advertising should be as good & sufficient to all intents & purposes as if ye same had been
granted
by him at or preceeding ye date of ye s[ai]d heretable Bond & which he y[e]rby obliged him & his
fores[ai]ds
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RS42.21.42 snip 3b
to warrant at all hands & ag[sin]st all deadly And it is also Declared that ye purchaser or purchasers
should noways be answerable or accountable for ye application of ye price But that a disposition
from ye s[aid] Mr W[illia]m Thom & John Belsh containing a receipt of ye price should be holden a
sufficient legal undoubted & irredeemable right & title to ye s[ai]d lands & oy[e]rs in favour of the
purchaser or purchasers y[e]rof in all time y[e]rafter & which he obliged him & his fores[ai]ds when
required
Not only to ratify & approve But also to deliver to ye s[ai]ds Mr W[illia]m Thom & John Belsh & their
fores[ai]ds or to ye
purchaser or purchasers of ye s[ai]d lands & oy[e]rs ye whole rights title deeds & Securities of ye
same and
with power also to ye s[ai]ds Mr W[illia]m Thom & John Belsh & their fores[ai]ds or any person or
persons who
should purchase ye s[ai]d lands in manner & in ye respective cases & events before spec[ifie]d to
purchase
& procure themselves in virtue of ye pro[curato]ry of resignation cont[aine]d in ye s[ai]d Heretable
Bond duely
Entered to ye Superiors of ye s[ai]d lands & infeft y[e]rintill as fully & effectually as if such Entry
& Infeftm[en]t had proceeded upon an absolute & unlimited right & conveyance from the s[ai]d
And[re]w Thomson as ye Heretable Bond containing y[e]rin also Clause of absolute warrandice
resignation to ye title deeds & to ye rents mails & duties of ye s[ai]d lands during ye not redemption
or
in case of ye not redemption But of a Sale of ye s[ai]d Lands Then & in all time coming & sundry
oy[e]r
Clauses with ye precept of Sasine herein after ingrost in itself more fully bears which heretable Bond
ye s[ai]d Mathew Steele as pro[curato]r & attornie fores[ai]d Exhibited & presented to ye s[ai]d
Rob[er]t Graham Baillie in
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RS42.21.42 snip 3c
that part fores[ai]d requesting him to accept of & execute ye office of Bailliary y[e]rby committed to
him
infefting ye s[ai]d Mr W[illia]m Thom & John Belsh in ye s[ai]d a[nnual]rent & Lands in terms y[e[rof
& ye s[ai]d Rob[er]t
Grahame Baillie in that part fores[ai]d finding ye request to be reasonable agreed to comply y[e]rwith
accepted & took ye s[ai]d heretable Bond into his hands & then immediately Gave & Delivered the
same to me notary public subscribing to be read over & published in ye hearing of him
& ye witnesses bystanding which I ye s[ai]d notary public accordingly did and of ye which precept of
Sasine
cont[aine]d in ye end of ye s[ai]d Heretable Bond ye exact tenor follows & is thus attour to ye Effect
ye s[ai]ds
Mr William Thom & John Belsh & their fores[ai]ds may be furthwith infeft & Seased in ye fores[ai]d
a[nnual]rent
upliftable furth of ye s[ai]d lands & oy[e]rs & in ye property y[e]rof in real security as s[ai]d is and
for ye oy[e]r
ends & purposes beforement[ione]d I hereby desire & require you Rob[er]t Grahame fores[ai]d of
airdrie
& my Baillies in that part hereby specially constitute Jointly & Se[ver]ally That on sight hereof
you pass to ye ground of ye fores[ai]d lands & there give & Deliver heretable state & sasine real
actual & corporal possession not only of all & whole ye fores[ai]d yearly a[nnual]rent of Fifteen
pounds
Sterling or such an a[nnual]rent less or more By ye laws of this Kingdom for ye time shall
effeir & correspond to ye fores[ai]d principal sum of Three Hundred pounds Sterl[ing] yearly to be
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RS42.21.42 snip 3d
uplifted & taken at ye terms & by ye proportions & under ye termly penalties before Specified
in all time hereafter during ye not redemption of ye lands & oy[e]rs before & afterment[ione]d Furth
of All & Haill that my fores[ai]d fifteen Shilling land of old extent of Easter Glentore with Houses
biggings yeards & whole oy[e]r pertinents a[bove]described lying as afores[ai]d or furth of any part
or portion of
ye s[ai]d lands & oy[e]rs readiest mails farms profits & duties of ye same But also in All & Haill ye
s[ai]d Lands
& oy[e]rs themselves and that not only for & in real Security of ye s[ai]d Mr W[illia]m Thom & John
Belsh
& their fores[ai]ds of ye a[forementioned] prin[cipa]l sum liquidate & termly penalties if incurred &
of ye Expence of the
Infeftments to follow hereon & in defence of ye ground right & property of ye s[ai]d lands But
also To ye end ye absolute right of property of ye same may be vested in ye person of the s[ai]d
Mr W[illia]m Thom & John Belsh & their fores[ai]ds in ye events for ye purposes & under ye
conditions
a[fore]ment[ione]d To ye s[ai]d Mr W[illia]m Thom & John Belsh for behoof fores[ai]d or their
successors in office
fores[ai]d and that by delivering to them or their certain attornie or attornies in their names
bearers hereof of Earth & Stone of & upon ye ground of ye s[ai]d Lands for ye s[ai]d Lands & a
penny
money for ye s[ai]d a[nnual]rent & oy[e]r Symbols usual & requisite (But redeemable always in
manner ment[ione]d in ye Clause of Reversion beforewritten) and this in no way ye leave
undone For doing whereof I hereby committ to you my full power Jointly & Se[ver]ally as
s[ai]d is By this my precept of sasine direct to you for that effect In witnes whereof these
presents written upon this & ye ten* preceeding pages of stampt paper by Archibald
Simson
(* ten in the original document, not as copied into the register)
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RS42.21.42 snip 4a
Simson Clerk to Claud Marshall writer in Glasgow subscribed by me at Airdrie ye Second
day (day) of June Mvij c & Seventynine years Before these witnesses James Kirkwood & Rob[er]t
Mack both merch[an]ts in Airdrie & W[illia]m Mack writer there ye place date & witnesses names
designations being wrote & filled up by ye s[ai]d Claud Marshall (sic sub[scribitu]r) And[re]w Thomson
James Kirkwood witnes Robert Mack witnes W[illia]m Mack witnes after my reading over
& publishing ye s[ai]d Heretable Bond & precept of Sasine ab initio ad finem in manner
The s[ai]d Rob[er]t Grahame Baillie in that part fores[ai]d at ye request afores[ai]d in virtue of ye
precept of Sasine & in execution of ye office of Bailliary y[e]rby committed to him gave
& delivered heretable State & Sasine real actual & corporal possession not only of all &
haill ye fores[ai]d yearly a[nnual]rent of fifteen pounds Sterl[ing] or such an a[nnual]rent less or
more as
ye Laws of this Kingdom for ye time shall effeir & correspond to ye fores[ai]d principal Sum of
Three Hundred pounds Sterling yearly to be uplifted & taken at ye terms & by ye proportions
under ye termly penalties before specified in all time hereafter during ye not redemption
of ye lands & oy[e]rs before & afterment[ione]d Furth of all & haill ye fores[ai]d fifteen shilling lands
of old extent of Easter Glentore w(i)t(h) houses biggings yeards & whole oy[e]r pertinents a[bove]
described lying as afores[ai]d or furth of any part or portion of ye s[ai]d Lands & oy[e]rs & readiest
(Mvij c & Seventynine years = 1779)
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RS42.21.42 snip 4b
mails farms profits & duties of ye Same But also of all & haill ye s[ai]d lands & oy[e]rs themselves
& that not only for & in real Security of ye s[ai]ds Mr W[illia]m Thom & John Belch & their fores[ai]ds
[of ye]
a[bove] principal Sum liquidate & termly penalties if incurred & of ye expence of ye infeftm[en]t to
follow on ye s[ai]d heretable Bond & expence in defence of ye ground right & property of the
s[ai]d Lands But also to ye end of ye absolute right of property of ye s[ai]d lands may be vested in ye
persons [of]
ye s[ai]d Mr W[illia]m Thom & John Belsh & their fores[ai]ds in ye events for ye purposes & under
ye conditions
a[fore]ment[ione]d To ye s[ai]ds Mr W[illia]m Thom & John Belch for behoof fores[ai]d and that by
deliverance to ye [s[ai]d]
Mathew Steele as pro[curato]r & attornie for them in their names bearers of ye s[ai]d heretable
Bond
of Earth & Stone of & upon ye ground of ye s[ai]d Lands & a penny for ye s[ai]d a[nnual]rent [ ]
& all oy[e]r Symbols usual & requisite (But redeemable always in manner ment[ione]d in [ye]
Clause of reversion before written) & So duely validly & sufficiently Infeft & Seased ye [s[ai]ds]
Mr W[illia]m Thom & John Belch in ye s[ai]d a[nnual]rent & lands & oy[e]rs fores[ai]d conform to ye
tenor of [ye s[ai]d]
Heretable Bond & precept of sasine in all points Whereupon & upon all & sundry ye premisses
ye s[ai]d Mathew Steele as pro[curato]r & attornie for & in name of ye s[ai]ds Mr W[illia]m Thom &
John Belch asked [&]
took Instruments in ye hands of me notary public subscribing These things were all acted
& done at & upon ye ground of ye fores[ai]d lands between ye hours of nine & ten o'clock before
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RS42.21.42 snip 4c
noon of ye day month year of God & Kings reign first a[bove]written Before & in presence of
Ja[me]s Boyd portioner of Kilncroft & James Gray weaver in Airdrie witnesses to ye [s[ai]d]
premisses specially called & required Ego vero Gulielmus Mack Clericus Glasguensis
Diocesios ac notarius publicus authoritate regali ac per Dominos Concilij et Sessionis secundum
tenorem acti parliamenti admissus Quia premissis omnibus et singulis dum sic
premittitur interfui Eaq[ue] omnia et singula sic fieri vidi scivi et audivi
ac in notam cepi Ideoq[ue] hoc presens publicum Instrumentum manu aliena fideliter
scriptum super hanc et tres paginas preceden[tes] Exinde confeci ac in hanc publici Instrumenti
formam redegi signoq[ue] nomine et cognomine meis solitis et consuetis signavi et subscripsi
in fidem robur et testimonium veritatis omnium et singulorum premissorum rogatus [et]
requisitus Quod vidi assero W[illia]m Mack N[otarius] P[ublicus] James Boyd witnes James Gray witnes
(The sasine ends in the usual Latin giving the accreditation of the notary, how the instrument was created and the signatures of the notary and witnesses.)
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RS42.9.384 snip 1
Seasing
James Thomson
& Mar[gare]t Dick
At Hamilton ye threttie (= thirtieth) day of december 1691 the seasing (= sasine)
underwri[tte]n was producit (= produced) be (= by) James Currie nottar (= notary) yrto (= thereto)
And reg[istr]at (= registered) the s[ai]d day Q[uhe]rof (= whereof) ye tenor followes
In the name of god Amen Be it kend (= known) to all men be (= by) this p[rese]nt
publick Instrument that upon ye second day of december Jajvj c & (= 1600)
nyntie ane years (= 1691) And of our Sover[eign] Lord and ladies reign
William and Mary be (= by) the grace of God king and Queen of great
Britane ffrance and Ireland defenders of the faith ye thrid (= third) year
In presence of me nottar publick & witnesses under sub[scri]ving (= under signing) Compeared (=
appeared)
personally ane (= a) discreit (= discreet) young man James Thomson eldest lau[full] (= lawful) sone
to James Thomsone in Bogsyde Togither with ane other discreit
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RS42.9.384 snip 2
Honest man John Dick in midle quarter (Middle Quarter) as pro[curato]r and actorney (= attorney) for
and in name & behalf of Margaret Dick his second laufull dochter (= daughter)
futur spous to the s[ai]d James Thomson yo[unge]r Having and holding in his
hands ane certan (= a certain) contract of Marriadge maid (= made) & sub[scrive]d (= signed) betuixt
(= betwixt/between) the s[ai]d
James Thomson y[ounge]r & mar[gare]t dick with consent of ther said fathers
on the ane (= one) and other pairts (= parts/sides) theranent (= concerning that) of the dait (=
date) the first second
thrid (= third) daye of november december anno (Latin = in the year) fors[ai]d (= foresaid)
Quherby (= whereby) and for the
causes therin conteant (= contained) the s[ai]d James Thomson elder Bound and obleist (= obliged)
him
and his airs (= heirs) & successors to dewlie (= duly) validlie (= validly) & sufficiently here[ta]blie
(= heritably)
Infeft and sease (= seise) the s[ai]d James Thomson yo[unge]r his s[ai]d sone his airs and
assigneys (= assignees) q[uha]tso[eve]r (= whatsoever) And the s[ai]d margeret dick his s[ai]d
futur spous in conjunct fie (= fee)
And lyfrent (= liferent) during all ye dayes of her lyftyme (= lifetime) and the bairns to be
procreat (= procreated) betuixt (= betwixt/between) them in fie (= fee) Q[uhi]lks (= which)
failzeing (= failing) the s[ai]d James Thomson
yo[unge]r his awn (= own) nearest airs and assigneys q[uha]tso[eve]r (= whatsoever) In maner (=
manner) following Viz (abbreviation of the Latin videlicet = namely)
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RS42.9.384 snip 3
the s[ai]d James Thomson yo[unge]r and his fors[ai]ds (= foresaids) and the s[ai]ds bairns in fie (=
fee) q[uhi]lks (= which)
failzeing (= failing) as s[ai]d is In all and Haill (= whole) that the s[ai]d James Thomsone elder his
fyftein (= fifteen) shilling land of old extent in easterglentor with houses biggings (= buildings)
yeards (= yards) moss[e]s muirs meadowes pasturadg (= pasturage) gras (= grass) coall (= coal)
and lymstone (= limestone) pairts (= parts)
pendicles and haill pertinents y[e]rof (= thereof) q[uhat]so[eve]r (= whatsoever) As the samen (=
same) is sett (= set) and Infeft
to him be (= by) umq[uhi]ll (= the late) John Earle of Wigton and now p[rese]ntly possest (=
possessed) be (= by) [ ]
James Thomson yo[unge]r Robert and John Thoms (= Robert Thom and John Thom) tennents
y[e]rof (= thereof) And [all?]
Lyand (= lying) within the parishen (= parish) of eastmonkland and shrefdome (= sheriffdom/shire)
of Lanark
And the s[ai]d margaret dick In conjunct fie (= fee) & lyfrent (= liferent) during all the dayes
of her lyftyme (= lifetime) & with and under the provisions and conditions y[e]r[ ] (= there[ ])
In all and haill (= whole) the just and equall fourt (= fourth) pairt (= part) y[e]rof (= thereof) As ye
s[ai]d
contract of marriadge of the dait (= date) fors[ai]d (= foresaid) bearing the holding of John
now Earle of Wigton his airs (= heirs) & successors ample warrandice
severall other clauses and conditions anent (= concerning) death and lyfe (= life) [ ]
not having children betuixt (= betwixt/between) ye s[ai]d parties spouses And assignat[io]n to the ]
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RS42.9.384 snip 4
maills (= mails/rents) and dewties (= duties) of the s[ai]ds lands to the rights & [ ]
therof in the self (= in itself) more fully bears Q[uhi]lk (= which) contract conteaning (= containing)
[as?]
s[ai]d is Togither with the precept of seasing (= sasine) efterinsert (= afterinserted) the saids
James Thomson yo[unge]r and John Dick pro[curato]r actorney (= attorney) fors[ai]d (= foresaid)
presented
and delyvered to ane discreit (= a discreet) gentleman John Mitchell of
Craigend as baillie in that pairt (= part) to the s[ai]d James Thomson elder
be (= by) the s[ai]d precept of seasing (= sasine) specially constitute And requyrit (= required) him
sein (= seing as) he was content therintill ( = with that) to put the same to dew (= due) execution
Q[uhi]ch (= which) desyre (= desire) being Just and reasonable the s[ai]d baillie was willing
to obey and took ye s[ai]d contract in his hands conteaning (= containing) as s[ai]d is
and delyvered ye samen (= same) to me nottar (= notary) publick to be publicklie (= publicly)
read and explained be (= by) me In presence of the bystanding witnesses
(q[uhi]ch (= which) I did) And of the q[uhi]ch precept of seasing (= sasine) the tenor followes
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RS42.9.384 snip 5
And to the effect the s[ai]d James Thomson yo[unge]r and his s[ai]d
futur spous and y[e]r (= their) fors[ai]ds (= foresaids) may be Instantly Infeft and seased (= seised)
in
all and haill (= whole) the fors[ai]d fyftein (= fifteen) shilling land of old extent in easter
=glentor in maner (= manner) a[bove]wri[tte]n the s[ai]d James Thomson elder hes (= has) maid (=
made) & constitut (= constituted)
and be (= by) thir (= these) p[rese]nts maks (= makes) & constituts John Mitchell of Craigend
and ilk (= each) ane (= one) of you con[junct]llie (= conjunctly/jointly) & se[ver]allie (=
serverally/individually) his baillies in that pairt (= part)
fors[ai]d specially consitut Greeting It is his will and he requyres
you that Incontinent this his precept sein (= as soon as you see this his precept)) ye pas (= pass)
to the ground
of the s[ai]d fyftein shilling land of old extent in easter glentor
And ther give here[tab]le (= heritable) & Irredeemable Infeftment state & seasing (= sasine)
reall actuall & corporall possessione of all and haill the fors[ai]d
fyftein shilling land of old extent in eastergelentor with houses
biggings (= buildings), yeards (= yards) moss[e]s, muirs meadowes pasturage gras coall and
lymston pairts, pendicles and haill pertinents therof whatsoever
As the samen (= same) is lyand (= lying/situated) and possest (= possessed) as s[ai]d is To the
s[ai]d James
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RS42.9.384 snip 6
James Thomson yo[unge]r his airs (= heirs) and assignays (= assignees) whatsomever
and to the bairns to be procreat as s[ai]d in fie (= fee) Q[uhi]lk (= which) failzeing (= failing)
in maner (= manner) a[bove]wri[tte]n And to the s[ai]d margaret dick his said futur
spous in conjunct fie (= fee) and lyfrent (= liferent) during all the dayes of her lyftyme (= lifetime)
of all and haill (= whole) the Just and equall fourt (= fourth) pairt (= part) of the saids
fyftein shilling lands houses yeards (= yards) and pertinents fors[ai]d (= foresaid) alwayes
with and under the provisions and conditions abovewri[tte]n And
that be (= by) delyverance (= delivery/handing over) to the s[ai]d James Thomson yo[unge]r &
margaret
Dick futur spouses or ther (= their) certan (= cartain/sure) actornayes (= attorneys) in ther names
bearers
hereof of earth & ston (= stone) coall & lymston (= limestone) of and upon the ground
of the s[ai]ds lands to be holden and with warrandice abovement[ione]d
And this onnawayes (= in no way) ye leave undone The q[uhi]lk (= which) to do he committs
to you his baillies in that pairt fors[ai]d his full Irre[vocabi]l (= irrevocable) power
warrand (= warrant) & commission be (= by) thir (= these) p[rese]nts (written be (= by) James
Currie
nottar (= notary) in Cumbernald and sub[scribe]d as followes day year & place
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RS42.9.384 snip 7
fors[ai]d (= foresaid) Befor thir (= these) witnesses re(s)pective to the sub[scription]e of the s[ai]d
James
Thomson elder and yo[unge]r and John dick at Glentor thes[ai]d seconde
day of december John Mitchell of Craigend John watt y[ounge]r of
easterglentor John Thomson son to the s[ai]d James and the s[ai]d James
Currie And to the sub[scription]e of the s[ai]d mar[gare]t dick at midle quarter
the s[ai]d thrid (= third) day of december David and Andrew Philops (= David Philip and Andrew
Philip) weivers (= weavers)
in Cumpstain (sic sub[scribitu]r (= Latin for thus signed)) James Thomson James Thomson John
dick margaret dick J[ohn] Mitchell witnes John watt witnes John
Thomson witnes David: Philop witnes And[rew]: Philop: witnes J[ames] Currie
witnes Efter (= after) the open reading of the q[uhi]lk (= which) contract of marriadge and
precept of seasing (= sasine) a[bove]wri[tte]n therinconteand (= therincontained) the s[ai]d John
Mitchell of Craigend
Baillie fors[ai]d be (= by) the power of his office of Bailliary and at command
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RS42.9.384 snip 8
of the s[ai]d precept of seasing (= sasine) Incumbent to him y[e]rby (= thereby) Gave & delyvered
here[tab]le (= heritable) stat[e] & seasing reall actuall & corporall possession of all & haill (= whole)
the fors[ai]d (= foresaid) fyftein shilling land of old extent in easterglentore
With houses biggings (= buildings) yeards (= yards) moss[e]s muirs meadowes coall & lymestone
pairts (= parts) pendicles and haill pertinents y[e]rof (= thereof) whatsom[eve]r Lyand (=
lying/situated) & possest (= possessed)
as s[ai]d is To the s[ai]d James Thomson yo[unge]r his airs (= heirs) & assignays (= assignees) and
to
the bairns to be procreat (procreated) betuixt (= betwixt/between) him and the s[ai]d margaret dick
his s[ai]d futur spous in fie (= fee) q[uhi]lks (= which) failzeing (= failing) his own nearest airs and assignayes q[uha]tso[eve]r (= whatsoever) and also Gave & delyvered lyfrent (= liferent)
Infeftment state &
seasing (= sasine) reall actuall & corporall possessione of all and haill (= whole) the Just
and equall fourt (= fourth) pairt of the s[ai]d fyftein shilling land houses biggings
yeards and pertinents fors[ai]d With and under the provisions & conditions
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RS42.9.384 snip 9
efterment[ione]d (= aftermentioned) To the s[ai]d Margaret Dick his s[ai]d futur spouse And that
be (= by) delyverance (= delivery/handing over) to the s[ai]d James Thomson and John Dick as pro[curato]r and actornay (= attorney) for and in name & behalf of his s[ai]d dochter (= daughter) in
ther (= their)
hands re(s)pective et successive (Latin for respectively and successively) of earth & ston (= stone)
coall & lymstone (= coal and limestone) of and
upon the ground of the s[ai]ds lands as use is They being personally
present and accepting of the samen (= same) seasing (= sasine) themselves Q[uhe]rupon (=
whereupon)
and sundry the premisses the s[ai]d James Thomson yo[unge]r and John dick
pro[curato]r and actorney (= attorney) fors[ai]d (= foresaid) asked and took Instruments ane or
moe (one or more) re(s)pective et
successive In the hands of me nottar (= notary) publick undrer sub[scrive]d (= undersigned) Thir
(= these) things
wer spoken and done upon the ground of the s[ai]ds lands betuixt (= betwixt/between) one
and tuo (= two) hours in the efternoon (= afternoon) or y[e]rby (= thereby) day moneth (= month)
year of God and
of ther (= their) ma[jes]ties reign a[bove]wri[tte]n In presence of John wat yo[unge]r of easter
glentore Robert Thom ther (= there) John thomson son to the s[ai]d James thomson
elder and John Gilchrist his servant witnesses to the premisses specially
called & requested (sic sub[scribitu]r (= Latin for thus signed)) Et ego vero Jacobus Currie clericus
glasguen[sis] diocesis notarius publicus authoritate regali ac
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RS42.9.384 snip 10 (the end of this sasine)
ac per dominos consilij admissus secundum tenorem acti parliamenti
Quia premissis omnibus et singulis dum sic ut premittitur agerentur
dicerentur et fierent Una cum prenominatis testibus p[rese]ns personaliter
Interfui Eaq[ue] omnia et singula premissa sic fieri vidi scivi et audivi
ac in notam cepi Ideoq[ue} hoc p[rese]ns publicum Instrumentum manu mea
redegi signoq[ue] nomine et cognomine meis solitis et consuetis signavi
et subscripsi In fidem robur, et testimonium veritatis omnium et
singulorum premissorum rogatus et requisitus Laudato [ ]
J[ames] Currie N[ottar] P[ublick]: John Thomsone witnes John Gilchrist witnes John
Watt witnes Robert Thom witnes
The Latin ending (which starts in snip 9) means:
(thus signed) And I indeed James Currie, clerk of the diocese of Glasgow, admitted as a notary public by royal authority and by the Lords of Council and Session according to the tenor of an act of parliament, because I was personally present together with the aforenamed witnesses at all and singular the foregoing just as it happened while they were done, said and took place and I saw, knew and heard all and singular the foregoing happening thus and took a note of it and therefore reduced it into this present public instrument with my own hand and signed and subscribed it with my usual and customary sign, name and surname as faith, corroboration and testimony of the truth of all and singular the foregoing, having been asked and requested to do so.
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RS42.20.482 snip 1
Sas[ine] Rob[er]t
Mack
At Hamilton the Twenty eight Day of July Mvij c & Seventy eight years (= 1778)
The Sasine underwritten was produced by Francis Hamilton writer in
Hamilton & Registered said day as follows
In the Name of God amen be it known to all men by this present public instrument That upon ye
nineteenth day of
June Mvij c & Seventy eight years (= 1778) & of ye reign of our So[vereign] Lo[rd] George ye third
by the Grace of God King of Great Britain
France & Ireland Def[ende]r of ye faith ye eighteenth year In presence of me not[ar]y public &
witnesses subscribing Compeared (= appeared)
Rob[er]t Mack in Wardhead who together w(i)t(h) Lodovick Thomson of Evanhead (= Avonhead)
passed to ye grounds of ye lands & oy[e]rs (= others) underwritten
ye s[ai]d Rob[er]t Mack having in his hands an heretable disposition made subscribed & granted to
him by ye s[ai]d Lodovick
Thomson of date ye twenty eight day of febr[uar]y Mvij c & Seventy eight years (= 1778) whereby
for ye Causes y[e]rin (= therein) specified ye s[ai]d
Ludovick Thomson Sold & disponed from him his heirs & successors to & in favours of ye s[ai]d
Rob[er]t Mack his heirs &
assignees whatsoever all & haill (= whole) that Room (= rented land) & Mailling (= rented land)
called Blackdykesike (to be called in time coming Green-
dykesike) w(i)t(h) houses biggings (= buildings) yeards mosses muirs meadows coal coalheughs (=
banks where coal was extracted) Lime limestones parts pendicles &
haill pertinents y[e]rof (= thereof) as ye same is presently & hath for some time past been possesst
(= possessed) by Mathew Waddell and
being one of ye three maillings purchased by ye said Lodovick Thomson from ye deceased Ja[me]s
Thomson por[tione]r of Easter
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RS42.20.482 snip 2
Glentore which three maillings are a Six shilling eight penny land of old extent & a part of ye s[ai]d
deceased
Ja[me]s Thomson his fifteen shilling land of old extent In Easter Glentore & [ ] to be accounted
fifteen pounds
Scots of valuation in all time coming & to pay Cess Stents & oy[e]r (= other) public burdens
accordingly & all Lying
in ye parish of East Monkland & Shire of Lanark Together w(i)t(h) a proportional part of ye room (=
space on a church pew) & Seating
in ye Church of East Monkland in all which ye s[ai]d Lodovick Thomson y[e]rby (= thereby) bound &
obliged him his heirs &
successors duely & validly to infeft & sease (= seise) ye s[ai]d Rob[er]t Mack & his fores[ai]ds by
two several infeftments &
manner of holding in manner at length y[e]rin (= therein) expressed as ye s[ai]d disposition of ye
date fores[ai]d containing
a Clause of absolute warrandice assignation to ye writes (= writs) & evidents (= documents
establishing proof of ownership) & mails (= rents) & duties of ye s[ai]d haill (= whole) lands
w(i)t(h) sundry oy[e]r (= other) clauses & a precept of sasine in ye end y[e]rof (= thereof) more
fully bears & in ye which precept of sasine there
is a Clause declaring ye lands a[bove]written to be always thirled to (= legally bound to use/tied to)
ye miln (= mill) of [Fany?]side & lyable to pay multure (= a proportion of
grain ground at a mill which is due to the owner or tenant of the mill)
& [ ] for grinding their corn conform to (= in conformity with) use & wont & which
disposition ye s[ai]d Rob[er]t Mack presented
to ye s[ai]d Lodovick Thomson humbly desiring him that in implement of ye obligation y[e]rin (=
therein) cont[aine]d & in
conformity y[e]rto (= thereto) he would give him actual real & corporal possession of ye haill (=
whole) lands & oy[e]rs (= others) cont[aine]d in ye s[ai]d
disposition & a[bove]specified which desire ye s[ai]d Lodovick Thomson finding to be reasonable he accepted of the s[aid]
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GR2 - thank you so much for this amazing work!
I am intrigued as to your background to have this knowledge but it seems rude to ask!
Thank you for RS42.21.42 and RS42.9.384.
I realise you are working on RS42.20.482 today so thank you for that so far.
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RS42.14.333 snips 1 - 4
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RS42.14.334 snips 1-4 - Thank you!
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RS42.20.482 snip 3
disposition into his hands & y[e]rafter (= thereafter) delivered ye same to me notary public to be
publicly read in ye audience of himself
& ye witnesses subscribing all which accordingly I did & immediately after reading y[e]rof (= thereof)
ye s[ai]d Lodovick Thomson
Gave & delivered heretable & irredeemable State & Sasine real actual & corporal possession of all &
haill (= whole) ye
s[ai]d room or mailling of Blackdykesyke to be called Greendykesyke in time coming w(i)t(h) houses
biggings (= buildings)
yeards moss muirs meadows coal coalheughs lyme lymestones parts pendicles & haill pertinents of
ye
s[ai]d lands all lying & possessed as s[ai]d is & that by deliverance to ye s[ai]d Rob[er]t Mack of
Earth & Stone of & upon
ye ground of ye s[ai]d lands as use is to be holden in manner ment[ione]d & conform to ye s[ai]d
disposition in all points
Whereupon & upon ye haill premisses ye s[ai]d Rob[er]t Mack asked & took Instruments one or
more in ye hands
of me notary public subscribing place day month year of God & Kings reign a[bove]written betwixt
ye
hours of ten & eleven before noon of ye s[ai]d day before these witnesses John Thom in [ ]land &
Mathew
Waddell in Blackdykesike witnesses to ye haill premisses specially called & required & in testimony
of ye truth & verity of ye haill premisses ye s[ai]d Lodovick Thomson has also subscribed this
Instrument
before ye s[ai]d witnesses also to subscribing ye two marginal notes Et ego vero Gulielmus Mack
Clericus Glasguensis diocesios ac notarius publicus authoritate regali ac per Dominos Concilij et
Sessionis
secundum tenorem acti parliamenti admissus Quia premissis omnibus et singulis dum sic ut
premittitur
dicerentur agerentur et fierent una cum prenominatis testibus presens personaliter interfui Eaq[ue]
omnia
et singula premissa sic fieri vidi scivi audivi ac in notam cepi ideoq[ue] hoc presens publicum
Instrumentum
(manu mea fideliter scriptum) exinde confeci ac in hanc publici instrumenti formam redegi
signoq[ue] nomine et
cognomine meis solitis et consuetis signavi et subscripsi in fidem robur et testimonium veritatis
omnium et singulorum
premissorum rogatus et requisitus Quiod vidi agere W[illia]m Mack N[otary] P[ublic]. Lodovick
Thomson John Thom witnes
Matthew Waddell witnes
(The Latin at the end is almost identical to that at the end of RS42.9.384 with minor differences.)
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Snip 1 of RS42.14.333 is not very sharp. You can get the gist of it, but not every word is clear. Because of that I have started with
RS42.14.333 snip 2
oblidged him and his heirs and successors To duely & Lawfully Infeft & sease the said Mr John
Loudoun and his foresaids upon their
own proper Charges and Expences To be held in manner y[e]rinment[ione]d (= thereinmentioned)
as the s[ai]d Disposition Containing therin p[rocurato]rie (= procuratory) of Resignation
clause of absolute warrandice precept of seasine (= sasine) in the end y[e]rof (= thereof) Judiciall
Ratification on the back of the same and se[ver]al oy[e]r (= other) Clauses
and [ ]ments more fully bears Which Disposition containing y[e]rin (= therein) the s[ai]d precept
of seasine aforesaid the s[ai]d John Robertoun
pro[curato]r and actorney (= attorney) foresaid exhibited presented and Delivered to the s[ai]d
John Muir Baillie in that part foresaid humbly Desireing &
requiring him to put the same to all due and Lawfull Execution And to p[r]oceed to his office of
Bailiary thereby Comitted
him Which Desire the said Baillie thought reasonable and therefore accepted and received the said
Disposition into his hands &
delivered the same to me notter (= notary) publick subscryving (= subscribing) To be openly read &
published by me to him and the witnesses bystanding
which accordingly I did and of which precept of seasine contained in the End of the said Disposition
the Tenor follows Attour to (= concerning) the
effect the said Mr John Loudon may be presently Infeft in the Lands & oy[e]rs (= others)
a[bove]ment[ione]d To John Muir Elder maltman in
Hamilton and ilk (= each) ane (= one) of you Con[junct]lly (= jointly) & Se[ver]ally (= individually)
my Bailifs in that part specially Constitute it is my will and I require you that
incontinent (= immediately) after sight hereof ye pass and give heret[able] State and Sasine with
reall actuall and Corporall possession of all and
haill (= whole) the foresaid four aikers (= acres) of Land or thereby Lying above the quarry of
Hamilton houses Biggings (= buildings) yeards (= yards) & pertinents thereof
lying and possesst (= possessed) as said is To the said Mr John Loudoun or his certain actorney in
his name bearer hereof By deliverance of
Earth & stone of and upon the ground of the said Lands and this onnowayes (= in no way) ye leave
undone to the Doing whereof I hereby Comitt
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RS42.14.333 snip 3
you Con[junct]lly (= jointly) & Se[ver]ally (= individually) my Bailies in that part foresaid my full
power by this my precept Direct (= directed) to you for that effect In witness
whereof I have Subscryved (= subscribed) these p[rese]nts Consisting of this and the three
preceeding pages (written by George Robertoun Son to John
Robertoun writer in Hamilton upon Stamped paper) at Glasgow the Twenty Day of January Jajvij c and
thirty seven years (= 1737) Before
these witnesses Charles weir maltman late miller of Hamilton and Thomas Roge[r?] writer there In
[ ] of the Place date witnesses
names & Designations (Signed Will[iam] Alexander Janet Dykes Charles Weir witnes Thomas
Roge[r?] witnes After reading over & publishing
of the foresaid Disposition & precept of Seasine (= sasine) a[bove]insert (= above inserted) y[er]in
(= therein) contained the s[ai]d John Muir Baillie in that part foresaid by virtue thereof and
of his office of Bailiary therby comited to him Gave and Delivered here[tab]l[e] state and seasing (=
sasine) with reall actuall & Corporall
possession of all and hail (= whole) the foresaid four aikers (= acres) of Land or thereby Lying
above the quarry of Hamilton with houses biggings (= buildings)
yeards (= yards) & pertinents thereof Lying and possesst (= possessed) as said is to the said Mr
John Loudoun and that by Deliverance to the s[ai]d Ino (= John) Robertoun
pro[curato]r and actorney (= attorney) foresaid of Earth and Stone of and upon the ground of the
said Lands as use is after the form and tenor of the said
Disposition & precept of seasine a[bove]insert y[er]in (= therein) contained in all points whereupon
and upon all & Sundrey the premisses the s[ai]d Ino (= John) Robertoun
pro[curato]r and actorney foresaid asked & took Instruments one or moe (= more) needfull in the
hands of me nottar (= notary) publik subscryving (= subscribing) These
things were done all and upon the ground of the foresaid Lands Betwixt the hours of Ten and Eleven
Beforenoon Day month year
of God and of his maj[esti]es reigne [ ] a[bove]written In presence of Willaim mack sadler (=
saddler) in Hamilton and John Schaw (= Shaw) schoolm[aste]r
there witnesses to the premisses Specially Called and required Sic Sub[scribitu]r Et ego vero
Joannes Hamilton Glasguensis Diocesis Clericus
notarius publicus authoritate Regali ac per Dominos Concilij & Sessionis Secundum Tenorem acti
parliamenti admissus Quia
premissis omnibus et singulis dum sic ut premittitur dicerentur agerentur et fierent una cum
prenominatis Testibus presens per-
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Thanks GR2. The copy is a digitised one from the Records Office in Edinburgh. I wonder if I should ask for it to be done again or is this a clearer version of RS42.14.333 snip 1...
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RS42.11.475-6 snips 1 - 3 then 4 - 6
Thank you
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RS42.11.475- here are snips 4 - 6
Thank you
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RS42.14.333 snip 4
sonaliter interfui Eaq[ue] omnia et singula premissa sic fieri vidi scivi et audivi ac in notam cepi
Ideoq[ue] hoc presens publicum
instrumentum manu aliena fideliter scriptum exinde confeci et in hanc publici Instrumenti formam
redegi signoq[ue] nomine
et cognomine meis solitis et consuetis signavi et subscripsi in fidem robur et Testimonium veritatis
omnium et singulorum
premissorum rogatus et requisitus Jo[hn] Hamilton not[ary] pub[lick] Veritas W[illia]m Mack witnes
John Schaw witnes
(The Latin section at the end is almost identical to that in snip 10 of RS42.9.384 where I gave a trannslation.)
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That is a clearer version, so I'll post the transcription in due course.
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Thank you, my mistake
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RS42.13.426 snips 1 - 4 complete
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RS42.14.333 snip 1
Seasine (= sasine) Mr Jo[h]n Loudon
Att Hamilton the Seventh Day of march Jajvij c and thirty seven years (= 1737) The Seasine under
wri[tte]n was
produced by [ ] Alex[ande]r [ ] and Regritd (= registered) the s[ai]d day q[uhe]rof (=
whereof) the tenor follows
In the name of God amen Be it known to all men by this p[rese]nt publick Instrument of seasine
That upon the Twenty second day of Jan[ua]ry
Jajvij c and thirty Seven years (= 1737) and of the reigne of our So[vereign] Lo[rd] George the
Second by the Grace of God King of Great Britain ffrance and
Ireland defender of the faith the Tenth year In presence of me nottar (= notary) publick and
Witnesses subscryving (= subscribing) Compeared (= appeared) personally upon the
ground of the Lands & oy[e]rs (= others) underwritten an discreit man John Robertoun writer in
Hamilton as pro[curato]r and actorney (= attorney) for and in name &
behalf of Mr John Loudoun ane (= one) of the Regents of the Colledge (here = university) of
Glasgow Together with ane oy[e]r (= other) Discreet man John Muir Elder
maltman in Hamilton Baillie in that part specially Constitute by virtue of the precept of seasine
afterment[ione]d contained in the
End of the Disposition afterment[ione]d and there the s[ai]d John Robertoun pro[curato]r and
actorney foresaid Having & holding in his hands an Disposition
of the date underwritten made and Granted by William Alexander here[tab]le (= heritable)
proprietor of the Lands and oy[e]rs (= others) underwritten and as having
right by progress from John Pait Nephew and nearest and Lawfull heir to the deceast (= deaceased)
Claud Pait sometime in Braehead of allanshaw
with consent of Janet Dykes his Spouse for all right of Lyferent (= liferent) Terce ( = a third of the
land a man died infeft in which belonged by right to his widow in liferent)
provision or oy[e]r (= other) Right or Tittle (= title) she had or could pretend (= claim)
to the Lands particularly [ ] Whereby (for the Causes y[e]rin (= therein) spec[ifie]d the said
William Alexander with Consent foresaid sold
annailized (= sold/alienated) & Simpl[icite]r (Latin for simply) Disponed from him his heirs and
Successors To and in favours of the said Mr John Loudon his heirs &
assigneys (= assignees) here[tab]lly and Irred[eemabl]y all and haill (= whole) these the said
William Alex[ande]r his four aikers (= acres) or thereby Lying above the quarry of
the Burgh of Hamilton with houses Biggings (= buildings) yeards (= yards) parts pendicles and
pertinents thereof q[uha]tsoever (= whatsoever) Lying within the Territory of
the said Burgh as the same is [fitted?] meathed (= marked) and marched (= bounded) And was
sometime possesst (= possessed) by michaele mack flesher (= butcher) and thereafter by
the said Claud Pait and margaret Auld his relict (= widow) and now by William Paterson Lying within
the Parochin (= parish) and Regality of Hamilton &
sheriffdome of Lanark In the which four aikers Lying & possesst as said is The said William
Alex[ande]r with Consent foresaid Band (= bound) &
(The last few lines over lap with snip 2 and have been transcribed there.)
(The index to ScotlandsPeople has a marriage between Claud Pait and Margaret Auld in Hamilton 20-5-1666. It has a marriage between William Alexander and Jonet Dyks in Avondale 22-6-1720.)
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RS42.13.426 snip 1
Thomson
Att Hamilton the Twelveth day of May Jajvij c& and Twenty Six years ( = 1726) the seasine (=
sasine) underwritt[en]
was produced by s[ai]d James Cockburn & reg[ist]rat (= registered) as follows
In the Name of God So be it Be it known to all men by this present publick Instrument that upon the
Seventh day of April Jajvij c& and Twenty Six years (= 1726) And of his Majestys reign the [-left
blank-] year In pre=
sence of me nottar (= notary) publick and witnesses subscriving (= subscribing) Compeared (=
appeared) personally upon the ground of the Land & other
[ ] Ane (= a) discreit (= discreet) Gentleman John Wardlaw factor to the right Hon[ourab]le the
Earl of Wigton Baillie in
that part by the precept of Clare Constat* hereafter Insert (= inserted) specially Constitute (=
constituted/appointed) As also Compeared personally
ane discreit man John Thomson brother german (= full brother) to James Thomson portioner of
Easter glentore Having
and in his hands holding The s[ai]d precept of Clare Constat of the date underwritten made granted
&
subscrived be (= by) the s[ai]d John Earl of Wigton Lord fleeming (= Fleming) & Cumbernauld &c:
Lord Superior ( = the feudal superior of the lands including Easter Glentore) of the Lands &
oy[e]rs (= others) underwritt[en] w(i)t(h) ye pertinents Which precept of Clare Constat the s[ai]d
John Thomson Exhibited and
(* clare constat is Latin for "it is clearly eatablished", the opening words of a precept of clare constat. This was a deed executed by a feudal superior stating that it was clearly established to him that his feudal vassal had died infeft in the lands in question and was not an outlaw at the time. It also recognised the deceased's successor as his legal successor.)
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RS42.13.426 snip 2
presented to the s[ai]d John Wardlaw Baillie in that part desireing & requireing him seing (= seeing)
he was y[e]rin (= therein) contained
to execute his office of Bailliary Incumbent to him y[e]rby (= thereby) And to put those things
y[e]rin (= therein) exprest (= expressed) to due &
Lawfull execution Conform to (= in conformity with) ye tenor therof which desire the s[ai]d Baillie
found reasonable And y[e]rfor (= therefore) Received ye
s[ai]d precept of Clare Constat in his hands & delivered the same to me nottar (= notary) publick
undersubscriveing (= undersubscribing) to be
openly read & published by me In presence of the witnesses afternamed there present which I did
and the tenor of
said precept of Clare Constat follows and is this John Earl of Wigton Lord fleeming (= Fleming) &
Cumbernauld &c
lord Superior of the Lands & oy[e]rs (= others) underwritten w(i)t(h) the pertinents To our Lovitts
(= beloved) John Somervell of Glentore
and John Wardlaw our factor And ilk (= each) ane (= one) of you con[junct]lly (= jointly) &
Se[ver]allie (= individually) our Baillies in that part by this our precept
specially Constitute (= constituted/appointed) greeting fforasmuchas by authentick Instruments &
documents shown to us & produced & is
clear & evident That the deceast (= deceased) James Thomson po[rtione]r of Easter glentor
bro[the]r german (= full brother) to John Thomson bearer hereof
died last vest & seased as of fee (= to the very moment he died was vested and seised in the
ownership) at the faith and peace of our So[vereign] Lo[rd] the Kings Majesty ( =
keeping the King's peace and not in rebellion or outlawed) In all & Haill (= whole) ane
(= a)
fifteen Shilling Land of old extent ( = land valued as worth 15/- a year in rent at the time of the old
mediaeval land tax assessment) of Easterglentoar With houses biggings (=
buildings) yeards (= yards) mosses moors meadows
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RS42.13.426 snip 3
pasturage Grass coal & Limestone parts pendicles & pertinents y[e]rof (= thereof) q[uha]tsoever (=
whatsoever) Conform to (= in conformity with) the meiths (= boundary
markers) & marches (= boundaries) of
the same as they were possest (= possessed) by the s[ai]d Deceast (= deceased) James Thomson
and his predecessors & their tennants And all Lying
In the Easter paroch (= parish) of Monkland & Sheriffdom of Lanark And that the s[ai]d John
Thomson is nearest & Law[fu]ll
heir of his s[ai]d Deceast bro[the]r y[e]rintill (= thereto) And that he is of Lawfull age And y[a]t (=
that) the said fifteen Shillingland
of old extent of Easterglentor w(i)t(h) the pertinents lying as said is are holden of us our heirs &
successors superiors y[e]rof (= thereof) In
feu ferm (= tenure of land in feu) & heretage (= the possession of lands by heritable right) forever
for the yearly pay[men]t to us and our forssaids or to our factors &
Chamberlands (= chamberlains/stewards) in our name
of the sum of three pounds Scots money (= 5/- Sterling) at two terms in the year whitsunday &
martimas (= Martinmas) by equall portions In
name of feu farm duty (= the annual payment of feu duty to the superior by the vassal) as also the
heirs & Successors of the said John Thomson paying to us & our for[e]s[ai]s the usual
accustomed entry money (= a payment made to the superior in the first year a new heir enters the
property) for the first year of their entrys to the s[ai]ds Lands
feu farm as the rest of our vassalls are
accustomed to pay And sicklyke (= likewise) giveing suit (= obligation to attand court) & presence
at our three head Courts (= the three main annual sessions of the
barony court) to be holden (= held) by us [ ]
in Cumbernauld yearly And at all our oy[e]r (= other) Courts when cited y[e]rto (= thereto) w(i)t(h)
Bloodwite (= the fine imposed for shedding blood) & amerciament (= fine) of the Law
& also keeping the thirle & Sucken to (= ensuring you only have your corn ground at a specific mill
where a proportion of the grain ground is taken as a payment to the landlord or tenant)
our miln (= mill) of ffannyside Byding all our Efairs (= attending all our business) as
required & relieving us
and our for[e]s[ai]ds of the Teinds (= payment of tithes) & oy[e]r (= other) publick burdens due &
payable furth of (= from) the saids Lands As the same is now
[ ] pay[men]t & Thirlage (= service due to a superior by a vassal) And have been of before in
use & Custom to pay Or as shall hereafter occur And
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RS42.13.426 snip 4
y[a]t (= that) for all oy[e]r (= other) Burden Exaction demand or secular service q[uha]tsoever (=
whatsoever) which we or our for[e]s[ai]ds can any ways ask as
[ ] furth of (= from) the saids Lands w(i)t(h) y[e]r (= their) pertinents in time comeing Our Will
is therefore And we
require you and ilk (= each) ane (= one) of you con[junct]llie (= jointly) & Se[ver[ally (=
individually) our Baillies in y[a]t (= that) part for[e]s[ai]d that incontinent (= as soon as) this
our precept seen ye pass & give here[tab]l[e] (= heritable) Infeftment State & Seasine (= sasine)
w(i)t(h) reall actuall & Corporall possession of
All & Haill (= whole) The for[e]s[ai]d fifteen Shilling Land of old extent in Easterglentor With houses
biggings (= buildings) yeards (= yards)
and haill oy[e]r (= other) parts pendicles & pertinents y[e]rof (= thereof) a[bove]written all lying in
manner a[bove]exprest (= above expressed) To the Said
John Thomson as heir of his said umq[uhi]ll (= late/deceased) Brother y[e]rintill (= thereto) And
that by deliverance to him or his
certain Actorny (= attorney) in his name bearer of thir (= these) presents of Earth & Stone of the
ground of the saids lands
as use is Conform to (= in conformity with) ye tenor hereof And of the Ancient Rights & Infeftments
of the samen (= same) land
made and granted to the said John Thomson his predecessors or outhers (= others) By us or our
Ancestor y[e]rupon (= thereupon)
in all points And this on no ways (= in no way) ye leave undone To the doing whereof we Committ to
you Con[junct]llie (= jointly)
& se[ver]allie (= individually) as said is our Baillies in that part fores[ai]d Our full power warrandice
Commission by
this our precept Granted by us for that effect Salvo Jure Cujuslibet (Latin for "saving anyone's
right") In witnes whereof the said
precept is written on Stamped parchment by James Currie younger writer in Cumbernauld at
(This is pretty well the end of the sasine, but it seems as if it should continue for a few lines on the next page.)
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RS42.11.475 snip 1
Seasine (= sasine) Andrew
& Lodiv(i)cke Thomsones
Att Hamilton the Tuentie two day of June jajvij c& & nyne years (= 1709) The
Seasine underwritten was produced by John Hamilton Writer in Hamilton
and Registrat (= registered) the said day q[uhe]rof (= whereof) the tenor followes
In the name of God amen Be it known to all men by this present publict (= public) Instrument
That upon the tuentie day of June the year of God jajvij c& and nyne years (= 1709) and of our
So[vereign] La[dies] Reign
the Queens Majestie Anne Be (= by) the grace of God Queen of great Brittain ffrance & Ireland
Defender of the faith the eight year In presence of me notar (= notary) publict & witnesses
undersubscriveing (= undersubscribing)
personallie compeared (= appeared) upon ye ground of the lands and oy[e]rs (= others)
underwritten ane (= a) discreit (= discreet) man Andrew
Russall in Eister Glentore as Bailie in y[a]t (= that) parte to James Thomson po[rtion]or of
Easterglentore
Togither with tuo discreit young men Andrew and Lodivicke Thomsones lau[fu]ll sones to ye deceast
James Thomson of Bogside Having and holding in y[e]re (= their) hands ane (= a) certain
here[tab]ll (= heritable) bond and
obligatione made and granted to them be (= by) the said James Thomson their broy[e]r (= brother)
german (= full brother)
Q[uhe]rby (= whereby) for the soume (= sum) of ffour Thousand merks* Scots mony (= money) as
ane (= a) burden left & appoynted
by the said deceast James Thomson of Bogside upon ye said James his son in ye disposition granted
( *A merk was worth 13/4d, so 4,000 merks comes to £2,666 13/4d Scots, which is equivalent to £222 16/8d Sterling . Although the £ Sterling was the official currency of Scotland in 1709, the £ Scots and the merk continued to be used for accounting purposes throughout the 18th century.)
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RS42.11.475 snip 2
to him of that his fifteen shill[ing] land In Eisterglentore for provision to ye rest of his children
as he should appoynt and q[uhi]ch (= which) soume (= sum) uas (= was) destinat (= ordained) and
appoynted to ye saids Andrew & Lodivicke
equallie betuixt (= betwixt/between) them And to ye effect they might have securitie and payment
y[e]rof (= thereof) The said
James Thomson band (= bound) and obliged him his aires (= heirs) exe[cut]ors and successors
Thankefullie (= satisfactorily) To
content pay & deliver to ye said Andrew and Lodovicke Thomsones equallie & proportionallie
betuixt them their aires exe[cut]ors or assignys (= assignees) All and Haill (= whole) The forsaid (=
foresaid) Soume of four Thousand
merks monny (= money) forsaid (= foresaid, i.e. Scots money) and y[a]t (= that) betuixt ye feast &
term of martimass (= Martinmass) next to come in this instant (i.e. in this instant/current year)
With the soume of ane (= one) Hundred punds (= pounds) mony (= money) forsaid of liquid
penalty (= a penalty prescribed by an obligation) & expenses in case of failie (= failure to pay)
Togither with ye a[nnual]rent (= interest) of five merks money forsaid as the yearlie a[nnual]rent of
ilke (= each) Hundred
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Thanks for completing RS42.14.33 and and RS42.13.426 snip 4. I have asked them to check the record for the latter as it may have continued overleaf but I haven't been provided with that.
best wishes
Gillian
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RS42.14.5 Snips 1-4 complete sasine
Many thanks.
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RS42.14.123 snips 1 - 4
Snips 5-7 in next message
Thank you
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RS42.14.123 snips 5 - 7 complete the sasine
Thank you as always
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RS42.16.367 - The final sasine!!
Snips 1-4, snips 5 -7 follow
Thank you,
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RS42.16.367 - snips 5-7 to complete the sasine :)
Many thanks indeed!
Gillian
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RS42.11.475 snip 3
Hundred (this is repeated from the end of the previous page) merks of the forsaid (= foresaid)
soume (= sum) per agreement notwithstanding the act of parliament
from ye feast and terme of Martimass (= Martinmas) last bypast ( = past) q[uhi]ch (= which) terme
the said prin[cipa]ll soume is agreed upon to
commence to ye said terme apoynted for payment and [sickly? (= likewise?)] yearlie termely & daily
y[e]rafter (= thereafter) ay & q[uhi]ll (= aye & while = until)
compleat payment and for y[e]r (= their) farder (= further) securitie The said James Thomson band
(= bound) & obliged him & his
forsaids To duely & lau[fu]llie (= lawfully) infeft and Sease (= seise) the said Andrew & Lodivicke
Thomsons and y[e]r (= their) fors[ai]ds
In all and Haill (= whole) ane (= a) yearlie a[nnual]rent (= interest) of Tuo Hundred merks mony (=
money) forsaid (= foresaid, i.e. Scots currency) yearlie to be uplifted &
taken at tuo termes in ye year Whitsonday and Martimass (= Martinmas) be (= by) equall portiones
furth of (= from) all and
Haill (= whole) those pairts (= parts) of his said fifteen shill[ing] land in Easterglentor p[rese]ntly
possest (= possessed) be (= by) Robert Thom
elder and Rob[er]t Thom yo[unge]r at length contained in y[e]r (= their) Tacks (= leases) and
assedat(i)ones (= leases/tenancy agreements) y[e]rof (= thereof) with Houses
biggings (= buildings) yeards (= yards) moss muirs meadous and haill (= whole) pertinents y[e]rof
(= thereof) all lyand (= lying) within ye parochin (= parish)
of Eastmonkland and Sherrifdome of Lanerke to be holden (= held) of him or his imediat (=
immediate) Superior (= feudal superior - the Earl of Wigton)
Blench (= for a nominal rent) Redeemable alluays (= always) and under Redemption as the said
bond bearing absolute warrandice
assignatione To ye meales (= mails = rents) & duties the precept of Seasine (= sasine) afterinsert
(= afterinserted) and se[ver]all oy[e]r (= other) clauses
of the daye underuritten (= underwritten) in itselfe at length bears Which here[tab]l[e] (= heritable)
bond ye said Andrew &
Lodivicke Thomsones presented and delivered to ye said Andrew Russell bailie forsaid
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RS42.11.475 snip 4
Requiring and desyring him seeing he uas (= was) contained y[r]rintill (= therin) to put ye same to
execut[io]ne
Q[uhi]ch (= which) desire he finding relevant accepted & received ye same in his hands and delivered
it to me
Notar (= notary) publict (= public) to be read and published by me in presence of ye witnesses
q[uhi]ch (= which) I did and of the
q[uhi]ch precept of Seasine the tenor folloues and is thus Attour (= additionally) to ye effect the
said Andrew
and Loudivicke Thomsones and y[e]r (= their) forsaids may be furthwith (= forthwith) infeft & Seast
(= seised) in ye forsaid yearlie
a[nnual]rent (= interest) I by yes (= these) p[rese]n[t]s make and constitute Andrew Russall in
Eister glentore my bailies in y[a]t (= that)
parte con[junct]llie (= jointly) and se[ver]allie (= individually) speciallie constitute (=
constituted/appointed) Greiting (= greeting) It is my uill (= will) and I require you y[a]t (= that)
incontinent (= as soon as) yes (= these) p[rese]n[t]s seen (= as soon as you see these presents)
ye pass to ye ground of ye saids Lands in Easter glentore and there
give here[tab]le (= heritable) State and Seasine reall actuall and corporall possessione of All & Haill
(= whole) the
forsaid yearlie a[nnual]rent (= interest) of tuo Hundred merks yearlie to be uplifted and taken furth
of (= from) the
Saids lands in Easterglentoar possesst (= possessed) be (= by) ye said Ro[ber]t Thom elder &
Ro[ber]t Thom younger with
the pertinents at the terme a[bove]uritten (= abovewritten) To ye said Andrew & Loduicke
Thomsones equallie &
proportionallie betuixt (= betwixt/between) y[e]m (= them) and yer (= their) forsaids or to yer (=
their) certain actorneys (= attorneys) in y[e]re (= their) name bearers
hereof of eard (= earth) and stone of and upon ye ground of ye saids lands with ane (= one) penny
money* in
name of a[nnual]rents (= interest) as use is to be holden (= held) in maner a[bove]ment[ione]d
and under Reversion a[bove]spec[ifie]d and this
(* Earth and stone were handed over on transfer of land; a penny was handed over when someone was infeft in an annualrent.)
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Thanks GR2.
You were right that the end of RS42.13.426 i.e. RS42.13.427 was missing so here it is in snips 1-3 which completes that document.
Many thanks.
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RS42.11.475 snip 5
onnoways (= in no way) ye leave undone the q[uhi]lke (= which) to doe (= do) I comitte to you my
bailies forsaid (= foresaid) my full power
by yes (= these) p[rese]n[t]s In witness q[uhe]rof (= whereof) uritten (= written) be (= by) James
Currie notar (= notary) in Cumbernauld and sub[scribe]d
as followes at Glentoar the tuentie day of June jajvij c& and nyne years (= 1709) befor thir (= these)
witnesses John Thomson of Bogsyd ny broy[e]r (= brother) german (= full brother) and ye said
James Currie sic subscribitur (Latin for "thus signed")
James Thomson John Thomson uitnes (= witness) J Currie uitness after open & publicke
reading of the q[uhi]lke (= which) here[tab]le (= heritable) bond and precept of Seasine (= sasine)
a[bove]uritten (= abovewritten) y[e]rin (= therein) contained The said
Andrew Russall bailie forsaid Gave and delivered here[tab]le infeftment State & Seasine
reall actuall and corporall possession of all and Haill (= whole) the forsaid yearlie a[nnual]rent (=
interest) of five
Hundred merks money forsaid yearlie to be uplifted and taken at ye forsaid tuo termes
in ye year Uhitsonday (= Whitsunday) & martimass (= Martinmas) be (= by) equall portiones furth
of (= from) all and Haill these partes
of the forsaid fifteen shill[ing] land of old extent in Easterglentoar p[rese]ntly possest (= possessed)
be (= by) ye said
Ro[ber]t Thom yor elder & Ro[ber]t Thom yo[unge]r with ye p[er]tinents To ye saids Andrew
& Loduvicke
Thomsones and yer (= their) forsaids equallie & proportionallie betuixt (= betwixt/between)
y[a]m[e] (= them) and y[a]t (= that) by deliverance to
ilke (= each) ane (= one) of them of earth and staine (= stone) with ane (= one) penny mony (=
money) as use (= use/custom) is of & upon ye
ground of ye saids lands they being personallie present and accepting & receiving the
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RS42.11.475 snip 6
Samen (= same) sasines y[e]mselves (= themselves) Quhairupone (= whereupon) and upon all and
sundrie (= sundry) ye premisses
The said Andrew & Lodivicke Thomsones asked & took Instruments respective et
Successive (Latin for "respectively and successively") in my hands Thir (= these) things were done
after ye forme & tenor of the s[ai]d
here[tab]le (= heritable) bond and precept of Seasine (= sasine) in all poynts (= points) and betuixt
(= betwixt/between) ye hours of five & Six
in ye afternoon or y[e]rby (= thereby) day moneth (= month) & year of God & of her Ma[jes]ties
Reigne a[bove]ur[itte]n (= abovewritten)
In p[rese]ns (= presence) of Mattew Thomson of Airdriehill John Thomson of Bogsyd Ro[ber]t
Thome
in Easterglentoar William Thomson yer (= there) witnesses to ye premisses speciallie
called & required Sic subscribitur (Latin for "thus subscribed") Et ego vero Jacobus Currie Clericus
Glasguen[sis]
Diocesis notarius publicus autoritate Regali ac per Dominos consillij et Sessionis
secundum tenorem acti parliamenti admissus Quia premissis omnibus et singulis
dum sic ut premittitur agerentur dicerentur et fierent una cum prenoninatis
testibus presens personaliter interfui Eaq[ue] omnia et singula premissa sic fieri
vidi scivi audivi ac in notam cepi Ideoq[ue] hoc p[rese]ns publicum Instrumentum manu
mea fideliter scriptum exinde confeci Et in hanc publici Instrumenti formam
Redegi signoq[ue] nomine et cognomine meis solitis et consuetis signavi et
Subscripsi in fidem robur et testimonium veritatis omnium et singulorum
premissorum Rogatus et Requisitus Laudata Honesta Ja[mes] Currie
John Thomson uitness (= witness) Robert Thom uitness William Thomson uitness Matthew
Thomson uitness
(The Latin at the end is more or less the same as at the end of RS42.9.384, with minor differences.)
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Thank you.
Please see your personal messages.
Gillian
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Thanks GR2. So by my reckoning, these are the remaining sasines for translation, all preceded with RS42 are:
13/426-427 - the additional page I snipped yesterday I think it was
and:
14/5
14/123
14/334
16/367
18/140-141
21/181-182
Thanks and bets wishes
Gillian
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RS42,13,426/7 (the final missing section) snip 1
Direction of the said John Wardlaw our factor and yes (= these) are under our hand and seal (=
signed and sealed by us) at our Castle of Cumber-
:nauld this ninth day of April Jajvij c& and Twenty Six years (= 1726) Before these witnesses William
Thomson Schoolm[aste]r at
Eastmonkland Kirk & the said John Wardlaw Insertor of the date & witnesses And the s[ai]d John
Sommervell [ ]
Sic Subsc[ribitu]r (Latin for "thus signed") Wigtoune W[illia]m Thomson witnes Jo[hn] Wardlaw
witnes Jo[hn] Somervell witnes After the open reading
publishing & explaining of the said precept of Clare Constat In presence of the witnesses afternamed
there
present The said John Wardlaw Baillie in y[a]t (= that) part fors[ai]d (= foresaid) Be (= by) the
power & virtue of his said office of Bailliary
And at Command of the said precept Gave & delivered here[tab]le (= heritable) State & Seasine (=
sasine) with reall actuall &
Corporall possession of all & Haill (= whole) the said fifteen shilling land of old extent in
Easterglentore With
houses biggings (= buildings) yeards (= yards) and haill (= whole) oy[e]r (= other) parts pendicles
& pertinents y[e]rof (= thereof) a[bove]written All lying as is
a[bove]exprest (= aboveexpressed) to the said John Thomson as heir of his said umq[uhi]ll (=
late/deceased) Brother y[e]rintill (= thereto) Who being personally
present and accepting of the samen (= same) sasine by deliverance to him of Earth & stone of the
ground of the
saids Lands as use (= use/custom) is After the form & tenor of the said precept of Clare Constat in
all points
Whereupon all & sundry the premisses The said John Thomson asked & took Instruments one
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RS42,13,426/7 (the final missing section) snip 2
or moe (= more) in the hands of me nottar (= notary) publick Subscribing Thir (= these) things were
done upon the ground of the
Saids Lands Betwixt the hours of Ten & Eleven in the forenoon day moneth (= month) year of God &
[ ] a[bove]written In presence of John Thomson John Robertson younger & John Watt younger
portioner
of Glentore James Currie wryter (= writer/lawyer) in Cumbernauld & William Hendrie smith in
Newkirk of Monkland
w(i)t(h) oy[e]r (= other) witnesses to the premisses (= the foregoing) specially called & required Sic
Subsc[ribitu]r (Latin for "thus signed") Et ego vero Joannes
Sommervell Clericus Glasguensis Diocesis notarius publicus authoritate regali ac per dominos
concilij et Sessionis secundum tenorem acti parliamenti admissus Quia premissis omnibus et
singulis dum sic ut premittitur Dicerentur agerentur et fierent una cum prenominatis ali(i)s testibus
presens personaliter Interfui Eaq[ue] omnia et singula premissa sic fieri vidi scivi et audivi ac in
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RS42,13,426/7 (the final missing section) snip 3
notam cepi Ideoq[ue] hoc presens publicum Instrumentum manu aliena fideliter scriptum exinde
Confeci ac in hanc publici Instrumenti formam redegi signoq[ue] nomine et cognomine meis solitis
et consuetis signavi et subscripsi In fidem robur et Testimonium veritatis omnium et singulorum
premissorum rogatus et Requisitus Post Nubila Phoebus Jo: (= John) Somervell N: P: (= Notary
Public) Ja[mes] Currie wit[ness]
John Thomson witnes John Robertson witnes John Watt wittness
(The Latin at the end is more or less the same as at the end of RS42.9.384 with minor differences. Notaries often put a wee personal Latin phrase before their signature. Here John Somervell (= Somerville) has written Post Nubila Phoebus - After the clouds Sunshine.)
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RS42.14.5 snip 1
Seasine (= sasine) Andr[ew] Thomson
Att Hamilton the Sixteenth day of August Jajvij c& and Twenty nine
years the seasine underwritten was produced by ye said Tho[ma]s Hamilton
and regrat (= registered) ye said Day q[uhai]rof (= whereof) the tenor follows
In the name of God Amen Be it Known to all men by this p[rese]nt pub[lick] Instrum[en]t that upon
the Sixteenth day
of AugustJajvij c& and twenty nine years and of his ma[jes]ties reign the third year In presence of
me no[tta]r (= notary) pub[lick]
& witnesses subs[crib]ing Compeared (= appeared) personally upon the ground of the lands
afterment[ioned] Andr[ew] Thomson son of
James Thomson in Easter Glentore and nearest and law[fu]ll heir of the deceast (= deceased) John
Thomson po[rtioner] there
his Brother German (= full brother) Haveing and in his hands holding ane (= a) precept of Clare
Constat Granted and
sub[scribe]d by ane (= a) Noble & potent Earle John Earle of Wigtoun (= Wigton) to and in favours
[of] ye said Andr[ew] Thomson
for Infefting & Seasing (= seising) him as nearest and law[fu]ll heir to his umq[uhi]ll (=
late/deceased) brother in the saids lands houses &
others afterexprest (= afterexpressed) of the date underwritten q[uhi]ch (= which) precept of Clare
Constat the said Andr[ew] Thomson
presented and delivered to John Wardlaw ffactor to the said Earle Baillie in that p[ar]t by the said
precept
after insert (= inserted) specially Constitute (= constituted/appointed) Desireing him to execute (=
carry out) his office of Bailliary therby Incumbent
on him who being willing therto received the samen (= same) into his hands and delivered it to me
no[tta]r (= notary) pub[lick]
to be openly read and published to him and the witnesses bystanding q[uhi]ch (= which) I did and
of q[uhi]ch (= which) precept of
Clare Constat the tenor follows John Earle of Wigtoun Lord ffleming (= Fleming} & Cumbernauld &c
Lord superior (= feudal superior)
of the Lands & oy[e]rs (= others) underwritten & there (= their) pertin[en]ts To our Lovits (=
beloved) John Sommervell of Glentore and
John Wardlaw our factor and ilk (= each) ane (= one) of you con[junct]lly (= jointly) & se[ver]ally
(= individually) our baillies in y[a]t (= that) p[ar]t by this our
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RS42.14.5 snip 2
precept specially Constitute Greetting forasmuchas by authentick Instrum[en]ts & docum[en]ts
showen (= shown) to us and produced It is Clear & Evident y[a]t (= that) ye deceast (= deceased)
John Thomson po[rtione]r of Easter Glen-
=tore Broy[e]r (= brother) German (= full brother) to Andr[ew] Thomson bearer hereof dyed (= died)
last vest & seased (= seised) as of fee (= was still infeft in the
ownership of the lands on the day he died) att the
faith & peace of our So[vereign] Lo[rd] the Kings ma[jes]ttie (= he was not a rebel or outlaw) In all
& haill (= whole) ane (= a) fifteen shilling land of old extent
of Easter Glentore w(i)t(h) houses biggings (= buildings) yards mosses muirs meadows pasturage
grass coall and
lymestone p[ar]ts pendicles and haill (= whole) pertin[en]ts therof q[uha]tsom[eve]r (=
whatsoever) Conform to (= in conformity with) the meiths (=
boundary markers & marches (= boundaries) of the
same as they were possest (= possessed) by the said deceast John Thomson and his predecessors
& y[e]r (= their) tenn[an]ts &
all lying w(i)t(h)in the paroch (= parish) of Eastmonkland and sherriffdom of Lanerk and y[a]t (=
that) the said Andr[ew] Thomson
is nearest and lawfull heir to his s[ai]d deceast broy[e]r (= brother) y[e]rintill (= thereto) and that
he is of law[fu]ll age and that the fors[ai]d (= foresaid)
fifteen shilling land of old extent of Easterglentore w(i)t(h) their pertin[en]ts lying as said is are
holden of (= held from) us our
heirs & successors in few (= feu) ferm & heritage for ever for the yearly pay[men]t to us & our
fors[ai]ds or to our factors &
chamberlands (= chamberlains/stewards) in our name the sume (= sum) of three pounds Scots
money att two termes in the year Whit[sonday] (= Whitsunday) & Mart[imass] (= Martinmas)
by equall portions in name of few (= feu) ferm duty as also the heirs & successors of ye said
Andr[ew] Thomson paying
to us & our fors[ai]ds ye usewall (= usual) accustomed entry money for the first year of their entry
to the saids lands conform
as ye rest of ye vassels are accustomed to pay and sicklike (= likewise) Giveing suit (=
attending/being present) & presence att our three head Courts
-
RS42.14.5 snip 3
to be holden (= held) by us or our baillies att Cumbernauld yearly and att all our oy[e]r (= other)
courts q[uhe]n (= when) cited thereto w(i)t(h) blood-
=wite (= fine for shedding blood) & amerciaments (= fiines) of ye samen (= same) as also Keeping
the thirl & sucken to our miln (= mill) of fannyside (= only having your corn
ground at Fannyside Mill, a proportion of the grain ground going as a payment
to the landlord or tenant) or doing all
our fairs (= business) as required & Releiveing us & our fors[ai]ds of the tiends (= tithes) & oy[e]r
(= other) publick burdens due & payable furth
of (= from) the saids Lands as the samen (= same) is now under pay[men]t & thirlage (= service
due to a feudal superior) and hath been of befor in use & Custom to
pay or as hereafter shall occurr & for all oy[e]r (= other) burden Exaction demand or secular service
q[uhi]ch (= which) we owe
therefor & we require you & ilk (= each) ane (= one) of you con[junct]lly (= jointly) & se[ver]ally (=
individually) our baillies in y[a]t (= that} p[ar]t fors[ai]d that incontinent (= as soon as) this our
precept seen ye pass and give here[tab]le (= heritable) Infeftm[en]t state & seasing (= sasine)
w(i)t(h) reall actuall & Corporall possession
of all & haill (= whole) the fors[ai]d fifteen shilling land in Easter Glentore of old extent w(i)t(h)
houses biggings (= buildings) yards & haill (= whole)
oy[e]r (= other) p[ar]ts pendicles & pertinents y[e]rof (= thereof) all lying in manner
a[bove]exprest (= above-expressed) to ye said Andr[ew] Thomson as heir to his
said umq[uhi]ll (= late/deceased) broy[e]r (= brother) y[e]rintill (= thereto) and y[a]t (= that) by
deliverance (= handing over) to him or to his certain acturney (= attorney) in his name bearer of
thir (= these) p[rese]nts of Earth & stone of ye ground of the fors[ai]ds lands as use (=
use/custom) is conform to (= in conformity with) the tenor hereof, and of the antient (= ancient)
rights or infeft[ment]s of the samen (= same) lands made and granted to the said Andr[ew]
Thomson his predecessors or outhers (= others)
by us & our ancestors y[e]rupon (= thereupon) in all points and this in nowayes (= in no way) ye
leave undone to ye doeing (= doing) q[uhe]rof (= whereof) we Commit
to you Con[junct]lly(= jointly) & Se[ver[ally (= individually) as said is our baillies in that p[ar]t
fors[ai]d our full power warrand (= warrant) & commission by this
our precept granted by us for that effect (Salvo Jure Cujuslibet) (Latin for "saving anyone's rights")
In witnes q[uhe]rof (= whereof) the said precept is wri[tte]n
upon stamped parchm[en]t by James Currie writer (= lawyer) in Cumbernauld att the direction of
the said John Wardlaw
our factor and given under our hand & seall (= signed and sealled by us) at our Castle of
Cumbernauld this penult (= second last) day of July Jajvij c&
and twenty nine years (= 1729) befor these witnesses W[illia]m Thomson schoolmaster att new
monkland Alex[ande]r Ander-
-son our ser[van]t and the said James Currie & divers (= several) oy[e]rs (= others) Sic
Sub[scribitu]r (Latin for "thus signed) Wigtoun W[illia]m Thomson witnes
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RS42.14.5 snip 4
Alex[ande]r Anderson witnes J[ames] Currie witnes after reading & publishing of the q[uhi]ch (=
which) precept of Clare Constat
y[e]rin (= therein) insert (= inserted) the said John Wardlaw Baillie in y[a]t (= that) p[ar]t received
ye same back into [his hands] and by virtue y[e]rof (= thereof) &
of his said office Gave and delivered here[tab]le (= heritable) infeftm[en]t State & Seasine (=
sasine) w(i)t(h) reall actuall & Corporall pos-
:session of all & haill (= whole) the fors[ai]d (= foresaid) fifteen shilling land in Easter Glentore of
old extent w(i)t(h) houses biggings (= buildings) yards
& all oy[e]r (= other) p[ar]ts pendicles & pertin[en]ts y[e]rof (= thereof) a[bove]ment[ioned] all lying in manner a[bove]exprest (= above-expressed) To the said Andr[ew] Thomson per[sona]lly
p[rese]nt
as s[ai]d is by de;ivering to him of Earth & Stone of ye ground of ye fors[ai]ds lands as use (=
use/custom) is to be holden (= held) as above after
ye forme and tenor of the said precept of Clare Constat in all points Q[uhe]rupon (= whereupon) all
& sundry the premisses
ye said Andr[ew] Thomson asked and took instruments one or moe (= more) in ye hands of me
no[tta]r (= notary) pub[lick] Subs[crib]ing thir (= these) things
were done upon the ground of ye lands a[bove]ment[ioned] betwixt the hours of two & three
afternoon or y[e]rby (= thereby) day m(o)n[eth] (= month)
year of God & Kings reigne a[bove]wri[tte]n in presence of John Gartshore mer[cha]nt in Glasgow
& ye said James Currie
writer (= lawyer) in Cumbernauld witnesses specially called and required to the premisses (= the
foregoing) Sic Sub[scribitu]r (Latin for "thus signed") Et ego vero
Joannes Somervell Clericus Glasguensis diocesis notarius publicus authoritate regali ac per dominos
concilij
et Sessionis secundum tenorem acti parliamenti admissus quia praemissis omnibus et singulis dum
sic ut praemittitur
dicerentur agerentur et fierent cum praenominatis testibus presens personaliter interfui Eaq[ue]
omnia
et singula praemissa sic fieri vidi scivi et audivi ac in notam cepi Ideoq[ue] hoc presens publicum
instru-
:mentum manu mea servatoris fideliter scriptum exinde confeci et in hanc publici instrumenti
formam
redegi signoq[ue] nomine et Cognomine meis solitis et consuetis signavi et subscripsi in fidem robur
et testimonium veritatis omnium et singulorum praemissorum rogatus et requisitus Post Nobila
phoe-
bus Joannes Somervell N[otarius] P[ublicus] John Gartshore witnes J[ames] Currie witnes
(The Latin at the end is more or less like that at the end of RS42.9.384 with minor differences. For details of what a precept of Clare Constat is, see comments on RS42.13.426, which is also contains one.)
-
RS42.14.123 snip 1
Seasine (= sasine) Marion Thomson
Att Hamilton the twenty third day of June Jajvij c& and thirty two years (= 1732) the
seasine underwri[tte]n was produced by the said Thomas [ ] and regratt (= registered) the
said day whereof the tenor follows
In the Name of God Amen Be it Known to all men by this present pub[lick] Instrument that upon the
thirteenth day of
June Jajvij c& and thirty two years (= 1732) and of the reigne of our So[vereign] Lo[rd] George By
the Grace of God King of Great Brittain
france and Ireland def[end]er of the faith the fifth year In presence of me No[tta]r (= notary)
pub[lick] and witnesses subs[crib]ing Compeared (= appeared)
personally upon the ground of the lands underwri[tte]n James Symington in [Nethermackshead??]
baillie in that part by
virtue of the precept of seasine after Insert (= inserted afterwards) Contained in the end of the
Contract of mariage afterment[ioned] To the
effect underwri[tte]n specially constitute (= constituted/appointed) Togither with Henry Affleck in
Kilbryde actorney (= attorney) for and in name of marion
Thomson dau[ghte]r to William Thomson of South [Cammorhead?] now spouse to John Symington
of Nether [pollmackshead?]
Having and Holding in his hands ane (= a) Contract of mariage made and perfeited (=
perfected/completed) betwixt the saids John Symington
and marion Thomson with Consent of the said William Thomson her father on the one and oy[e]r (=
other) parts (= sides) & hereby the s[ai]d
John Symingtoun in contemplation of the mariage Disponed to and in favours of himself and the said
marion
-
RS42.14.123 snip 2
Thomson his future spouse and longest liver of them two in Conjunct fee (= in joint heritable
ownership) and liferent for the said marion Thomson
her liferent use allenarly (= only) In case she survive the said John Symingtoun and that there be
children of the mariage
alive att his decease of ane (= a) yearly free annuity of fifty merks Scots money (= £33 6/8d Scots
or a fraction of a penny over £2 15/6d Sterling) upliftable furth of (= from) the Lands after-
spec[ified] and for her liferent use allenarly (= only) of ane (= a) Convenient (= suitable) house and
yeard (= yard/kitchen garden) upon the saids Lands to be upheld and
maintained to her in Thatch Timber and Stone dureing all the days of her lifetime and for her
liferent use of two
cows and thirty sheep to be grassed (= grazed/pastured) and maintained in summer and winter
yearly upon the saids Lands and the said
sheep to be smeired (= smeared with a mixture of tar and grease to protect against damp and
parasites) yearly by the said John Symingtoun and his heirs and for
her liferent use of two darg (= two days' work) of peats
to be cast winn and Inlead (= to be cut from the peat moss and brought to her house) yearly to her
by the said John Symingtoun and his forsaids and for security to the said
marion Thomson in case of the decease of the said John Symington Befor her and that there be no
children of the
mariage alive att his decease of the sume (= sum) of Sixteen Hundred merks Scots money (=
£1,066 13/4d Scots or fractionally over £88 17/9d Sterling) provided to be paid to her in manner
therein spec[ified] and to the children to be lawfully procreat (= procreated) of the mariage in the
which failzeing (= and if there fail to be children) to the said John
Symingtoun his nearest heirs and assigneys (= assignees) whatsom[eve]r (= whatsoever)
here[tab]lly (= heritably) all & Haill (= whole) the Lands of [Netherpollmackshead?] with
houses biggings (= buildings) yeards (= yards) outsetts intacks (= pieces of land reclaimed from the moorland and newly cultivated) mosses muirs meadows pasturages and pertinents y[e]rof (=
thereof) extending to a two merk
-
RS42.14.123 snip 3
land of old extent (= land which would have brought in an annual rent of 2 merks under the mediaeval
land tax system) Togither with the Tiends (= tithes) of the said Lands Lying
within the Lordship and regality of Douglas and
Sherriffdom of Lanark proveiding always That in case of the decease of the said John Symingtoun
Befor the said
marion Thomson and that there be children of the mariage alive att his decease and that it shall
happen the said
marion Thomson to marrie a second time her forsaid (= foresaid) liferent provisions are thereby
restricted to the forsaid sume (= sum)
of fifty merks Scots money allenarly (= only) of yearly free annuity furth of (= from) the saids Lands
In the which lands above-
Disponed The said John Symingtoun oblidged him duely and lawfully to Infeft and sease (= seise)
himself and the said
marion Thomson and Longer liver of them two in Conjunct fee (= joint heritable ownership) and
liferent for the said marion Thomson her
liferent use allenarly (= only) of the sume (= sum) of money and oy[e]rs (= others)
a[bove]spec[ified] and the children lawfully procreat (= procreated) of the mariage
in fee (= Marion gets liferent and the children get heritable ownership) which failzeing (= if there are no children alive) as said is Here[tab]lly (= heritably) to be holden (= held) in manner y[e]rin
(= therein) spec[ified) as the said Contract of mariage
date the first day of Decem[be]r Jajvij c& and Thirty one years (= 1731) in itself more fully bears
which Contract of mariage
Containing Therein the said precept of seasine (= sasine) afterinsert (= afterinserted) The said
Henry Affleck acturney (= attorney) fors[ai]d delivered to the
said James Symingtoun baillie in that part forsaid Desireing and requiring him to putt the command
of the said
precept of seasine after Insert to due Execution and which Contract of mariage the said James
Symingtoun baillie
-
RS42.14.123 snip 4
in that part forsaid (= foresaid) received into his hands and delivered the same to me n[otta]r (=
notary) pub[lick] To be by me publickly
read and published In presence and audience (= hearing) of the witnesses there present and hereto
sub[scrib]ing which according-
ly I did and of which precept of seasine (= sasine) the tenor follows and it is thus Attour (=
additionally) to the effect that the said marion
Thomson may be presently Infeft The said John Symingtoun hereby makes and constitutes (=
appoints) James Symingtoun in nether
[pollmackshead?] and ilk (= each) ane (= one) of you Con[junct]lly (= jointly) & Se[ver]ally (=
individually) his baillies in that part & [telling] and requireing you upon sight hereof
to pass to the ground of the saids Lands of [netherpolmackshead?] and there give and deliver
here[tab]le (= heritable) state and seasine actuall
reall and Corporall possession of all and Haill (= whole) the forsaids two merks land of old extent of
[netherpollmackshead?] and
pertinents y[e]rof (= thereof) and teinds (= tithes) of the same lying as said is To the said marion
Thomson for her liferent & use allenarly (= only) in
case she survive the said John Symingtoun and that there be children of the mariage alive att his
decease of the said
yearly annuity of fifty merks money forsaid upliftable furth of (= from) the saids Lands and of her
liferent use allenarly (= only)
of ane (= a) convenient (= suitable) house and yeard (= yard/kitchen garden) upon the saids Lands
To be upheld and maintained in manner forsaid and for her
liferent use of two cows and thirty sheep To be grassed (= grazed/pastured) and maintained in
summer and winter yearly upon the s[ai]ds
lands and the said sheep to be smeired (= smeared with a mixture of tar and grease to protect against damp and parasites) yearly by the said John Symingtoun and his forsaids and for her liferent
use of two Dargs (= two days' work) of peats To be cast winn and Inlead (= to be cut and carried to
her house) yearly to her by the said John Symingtoun & his forsaids
and for security to the said marion Thomson in case of the decease of the said John Symingtoun
befor her and
that there be no children of the mariage alive att his decease of the said sume (= sum) of sixteen
hundred merks Scots
provided to be paid to her in manner forsaid provideing allways that in case of the decease of the
said John Symingtoun
befor the said marion Thomson and that there [are] children of the mariage alive att his decease
and that it should happen
the said marion Thomson to marry a second time her forsaid liferent provisions are hereby restricted
to the forsaid
sume (= sum)
-
RS42.14.123 snip 5
Sume (= sum - repeated from end of previous page) of fifty merks Scots allenarly (= only) of yearly
free annuity furth of (= from) the saids Lands And that by deliverance to
the said marion Thomson or to her Certain actorney (= attorney) in her name bearer hereof of Earth
and stone of & upon the
ground of the saids Lands and ane (= a) handfull of Grass or Corn for the saids teinds (= tithes) and
ane (= a) penny money as use is
and this in noe (= no) ways ye leave undone The which to doe (= do) the said John Symingtoun
Commits to you and ilk (= each) ane (= one) of
you Con[junct]lly (= jointly) & Se[ver]ally (= individually) as said is his full power by these presents
In witnes whereof (wr[it]t[e]n on stamped paper by
Robert Brounlie servitor (= servant) to Richard Dick writer (= lawyer) in Lanerk) The saids parties
have sub[scribed] these presents
Consisting of this and the six preceeding pages place day moneth (= month) and year of God
a[bove]wri[tte]n Befor these witnesses
John Vetch (= Veitch) in Deboy Mr George Whyte of netherstockbridges George Whyte younger of
New[ ] and the said
Robert Brounlie witnesses also to the subscription of the marginall note on the fourth page hereof
Sic Sub[scribitu]r (Latin for "thus subscribed")
John Symingtown Marion Thomson William Thomson Jo[hn] Veatch witnes Geo[rge] Whyte witnes
George Whyte witnes
Robert Brounlie witnes After reading and publishing of which Contract of mariage and precept of
seasine (= sasine) a[bove]insert (= above-inserted) The said James Symingtoun Baillie in that part
forsaid by virtue y[e]rof (= thereof) and of his
office of Bailliary y[e]rby (= thereby) committed to him Gave and delivered here[tab]le (= heritable)
state and seasine actuall reall and
Corporall possession of all and Haill (= whole) The forsaid two merk land of netherpollmackshead
and pertinents
y[e]rof (= thereof) and teinds (= tithes) of the same Lying as said is To the said marion Thomson
for her liferent use allenarly (= only) of
the sumes (= sums) of money and oy[e]rs (= others) a[bove]spec[ified] and for security to the said
marion Thomson in case of the decease of the
-
RS42.14.123 snip 6
said John Symington befor her and that there be no children of the mariage alive att his decease of
the
said sumes (= sums) of Sixteen Hundred merks Scots provided to be paid to her in manner
a[bove]spec[ified] provideing
always as above provided & declared And that by deliverance to the said Henry Afflect (= Affleck)
acturney (= attorney) for and
in name of the said marion Thomson of Earth and stone of and upon the ground of the saids Lands
and
ane (= a) handfull of Grass for the saids teinds {= tithes) and ane (= a) penny money as use after
the form and tenor of the
Contract of mariage and precept of seasine (= sasine) a[bove]insert (= above-inserted) in all points
Whereupon and upon all & sundry
the premisses (= the foregoing) the said Henry Afflect (= Affleck) acturney (= attorney) forsaid (=
foresaid) asked and took Instruments one or moe (= more) needfull in
the hands of me no[tta]r (= notary) pub[lick] Sub[scriv]ing (= subscribing) These things were done
upon the ground of the saids lands betwixt the hours
of eight and nine in the morning day moneth (= month) year of God and year of his ma[jes]ties
reigne a[bove]eri[tte]n Befor and in
presence of Thomas Blackwood son to the deceast (= deceased) John Blackwood in [ ] and
Robert Brounlie
servitor (= servant) to me no[tta]r (= notary) pub[lick] sub[scriv]ing (= subscribing) witnesses called by me to the premisses Sic Sub[scribitu]r (Latin for "thus subscribed") Et ego vero Ricardus
Dick
-
RS42.14.123 snip 7
Clericus Glasguensis diocesis notarius publicus authoritate regali ac per Dominos Concilij et sessionis
secundum
tenorem acti parliamenti admissus quia praemissis omnibus et singulis dum sic ut praemittitur
dicerentur
agerentur et fierent una cum praenominatis testibus presens personaliter interfui eaq[ue] omnia et
singula praemissa sic fieri vidi scivi et audivi ac in notam cepi Ideoq[ue] hoc presens publicum
Instrumentum manu aliena ac meo mandato fideliter scriptum exinde confeci et in hanc publici
Instrumenti formam redegi signoq[ue] nomine et cognomine meis solitis et consuetis signavi et
subscripsi in fidem robur et testimonium veritatis omnium et singulorum praemissorum rogatus
et requisitus fidus ad o[m]nes R[ichard] D[ick] N[ottar] (= notary) P[ublick] Thomas blackwood witnes Robert Brownlie witnes
(The Latin at the end is more or less like that at the end of RS42.9.384 with minor differences.)
-
RS42.16.367 snip 1
Seasine (= sasine) Andrew Thomson
Att Hamilton the Second Day of September Jajvij c and fifty
Seven years (= 1757) the Seasine underwrit[t]en was produced by Basil
Golder writer (= lawyer) in Hamilton and Reg[istra]tt (= registered) the said Day as follows
In the Name of God amen be it Known to all men by this present publick Instrument that upon the
twenty
third day of Jully Jajvij c and fifty seven years (= 1757) and Reign of our So[vereign] Lord George
the Second &c the thirty first year
In presence of me nottary publick and witnesses subscriving (= subscribing) compeared (=
appeared) personally ane (= a) Discreet man mathew
Thomson younger of Whiteridge Baillie in that part by the precept of seasine after insert (=
inserted) Specially Constitute (= constituted/appointed)
[ ] with anoy[e]r (= another) Discreet man andrew Thomson of Whiteridge as pro[curato]r and
attorney for andrew Thomson his
youngest Lawfull son the said andrew Thomson pro[curato]r forsaid (= foresaid) haveing in his
hands ane (= a) Heretable (= heritable) Bond of
the date under writ[t]in made and Granted by John Thom of Burnhead To the said andrew Thomson
his son
-
RS42.16.367 snip 2
whereby for the causes y[e]rin (= therein) specified the said John Thom Bound and obliged him his
heirs &c Duely
lawfully and sufficiently under the Reversion y[e]rin (= therin) and underwrit[t]in To Infeft and sease
(= seise) the said andrew
Thomson younger his heirs and assigneys (= assignees) In all and Haill (= whole) his haill lands and
mailling (= leased land) of Burnhead with
houses biggings (= buildings) yeards (= yards) mosses muirs meadows parts pendicles and Haill
pertinents y[e]rof (= thereof) with the Teinds (= tithes) parsonage*
and vicaraige* of the saids Lands all Lying in the parish of Eastmonkland and Sherrifdome of Lanark
as the
samen (= same) is all presently possest (= possessed) by himself and his Tennants and in ane (= a)
yearly a[nnual]rent (= interest) of two hundred and
[ ]ty two merks six shilling and Eight penneys Scots money or in such ane (= an) oy[e]r (= other)
a[nnual]rent less or more as
shall answer and correspond to the principall sume (= sum) of ffive thousand two hundred and fifty
merks Scots
money by the Laws and acts of parliament for the Time yearly to be uplifted and taken at two Terms
in
the year whitsunday and martimass (= Martinmas) by Equall portions Beggining the first Terms
payment of the said
(* The tithes were originally the tenth of produce paid to the church in kind, but later came into the hands of others and were collected either in kind or in money equivalent. The parsonage teinds consisted of grain, the vicarage teinds were a tithe of other produce (calves, eggs, flax etc.))
-
RS42.16.367 snip 3
a[nnual]rent (= interest) at the term of martimass (= Martinmas) next for the half year preceeding
that Term and the oy[e]r (= other) at whitsunday
y[e]rafter (= thereafter) and so furth (= so forth) yearly and Termly at the said Terms Dureing the
not Redemption (= during the time when the annualrent has not
been redeemed) furth of (= from) all and
Haill (= whole) his s[ai]d Lands of Burnhead and oy[e]rs (= others) fors[ai]d (= foresaid) with the
pertinents or ffurth of (= from) any part or portion y[e]rof (= thereof)
nearest maills (= rents) ferms profites (= profits) and Dutys of the samen (= same) and Teinds (=
tithes) parsonage and vicaraige y[e]rof (= thereof)
by two severall (= individual) Infeftments and manner of holding in manner ment[ioned] in the said
Heretable (= heritable) Bond as
is said containing ane (= a) clause of absolute warrandice assignation to the maills (= rents) and
Dutys of the said lands
with sundry oy[e]r (= other) clauses and the precept of seasine (= sasine) after insert (= inserted)
more fully Bears which Heretable Bond the s[ai]d
andrew Thomson pro[curato]r fors[ai]d presented and Delivered to the said mathew Thomson Baillie
also fors[ai]d and Required him
to Execute the office of Bailliary committed to him by the precept of seasine y[e]rin (= therein)
cont[ained] which desire the said Baillie
finding reasonable he accepted of the said Bond into his hands and y[e]rafter (= thereafter)
delivered the same to me nottary
publick to be openly read and published in audience (= hearing) of himself and the witnesses
subscriving (= subscribing) all which accord-
-
RS42.16.367 snip 4
ingly I did and of the precept of seasine (= sasine) y[e]rin (= therein) cont[ained] the Tenor follows
Attour (= additionally) To the Effect the said andrew Tho-
mson and his fors[ai]ds (= foresaids) may be more Readily Infeft and seased (= seised) in the saids
lands Teinds (= tithes) and oy[e]rs (= others) fors[ai]d and in
the yearly a[nnual]rent a[bove]specified upliftable furth y[e]rof (= therefrom) I hereby Desire and
Require you mathew Thomson younger
of whyteridge and Ilk (= each) ane (= one) of you con[junct]lly (= jointly) and se[ver]ally (=
individually) my Baillies in that part hereby specially constitute (= constituted/appointed) that
upon sight hereof ye pass to the ground of the said lands and there give and deliver Heretable (=
heritable) state and
seasine (= sasine) Reall actuall and Corporall possession of all and Haill (= whole) my said Lands
and maillings (= leased land) of Burnhead with hous-
es Biggings (= buildings) yeards (= yards) mosses muirs meadows parts and haill pertinents y[e]rof
(= thereof) Teinds (= tithes) parsonage and vicaraige
of the same and of the yearly a[nnual]rent (= interest) fors[ai]d upliftable furth y[e]rof (=
therefrom) corresponding and Effeiring (= relating) to the fors[ai]d princi-
pall sum all Lying and possest (= possessed) as said is To the said andrew Thomson and his
fors[ai]ds by Deliverance to them or
there (= their) certtain attorney or attorneys in there (= their) name Bearer hereof of Earth and
stone of and upon the Ground
of the said Lands with ane (= a) handfull of Grass and Corn for the said Teinds and a penny money
for the s[ai]d a[nnual]rent
-
RS42.16.367 snip 5
as use (= use/custom) is providing and Declaireing Likeas (= in the same way that) it is hereby
provided and Declaired that their (= these) presents and
Infeftments To follow hereupon Together with the said lands Teinds (= tithes) yearly a[nnual]rent (=
interest) and oy[e]rs (= others) a[bove]specified are and
shall be Redeemable by me the said John Thom my heirs or assigneys (= assignees) from the said
andrew Tomson or his
fors[ai]ds (= foresaids) at the said Term of whitsunday next or at any oy[e]r (= other) Term of
whitsunday or martimass (= Martinmas) y[e]rafter (= thereafter) of the s[ai]d
principall sum of ffive Thousand two hundred and fifty merks money fors[ai]d and Haill (= whole)
bygone (= past) a[nnual]rents (= interest payments)
y[e]rof (= thereof) that shall be Due and Resting (= owing) for the Time with what charges and
Expenses the said andrew Thomson
shall lay out in any manner for secureing themselves annent (= concerning) the premisses (=
foregoing) or in Doeing (= doing) Dilligence (= taking legal measures to
enforce due payment) hereon of
all which there (= their) own account subscrived (= subscribed/signed) with there (= their) own
hand shall be probative (= requiring no other proof) Instead of all oy[e]r (= other)
probation (= proof/evidence) whatsom-
ever (= whatsoever) or by Lawfull consignation (= depositing in the hands of a third party) of the
same for there (= their) use and Behoofe the place of Redemption to be at the East
monkland Kirk at the South Entry y[e]rof (= thereof) and the consignation Incase of absence or
Refussall (= refusal) to be in the hands of
-
RS42.16.367 snip 6
any responsall (= trustworthy/reliable) Landed man within the parish upon the perrill (=
danger/risk) and Hazard of the consigner (= person depositing money with a third party) I the
said John Thom
or my fors[ai]ds (= foresaids) makeing Due and lawfull praemonition (= legal notification to
someone) to the said andrew Thomson or his fors[ai]ds of our Intention
to redeem two months at least Befor useing the said order of Redemption personally or att their
Dwelling place
In presence of a nottar (= notary) and witnesses as effeirs (= as is appropriate) and that their (=
these) presents (= this present document) or a coppie (= copy)
hereof or of the seasine (= sasine) To
follow hereon shall be as sufficient for useing the said order of Redemption as if there were
particular Letters of
Reversion made subscrived (= subscribed) and Registratt (= registered) apart for that Effect and
upon our makeing payment or Consignat-
ion as above the said andrew Thomson and his fors[ai]ds shall be Bound and obliged to Denude (=
divest) and Divest them-
selves of the saids lands Teinds (= tithes) and oy[e]rs (= others) and of there (= these) presents
and Infeftments to follow hereon In our favours
and Grant us all writes (= writs/documentary evidence) needfull for that purpose upon our own
charges (= expenses) allenarly (= only) and this on no ways (= in no way) ye
-
RS42.16.367 snip 7
leave undone the which to Doe (= do) I hereby Commit to you Con[junct]lly (= jointly) and se[ver]ally
(= individually) my full power by this my precept of seas-
ine (= sasine) for that Effect In witness whereof I have subscrived (= subscribed) these presents
writin upon stampt (= stamped) paper Conform to (= in conformity with) act of
parliament y[e]ranent (= thereanent = concerning that) by andrew Clark writer (= lawyer) in Shotts
consisting of this and the three preceeding pages at wester
moffat the twenty second day of Jully Jajvij c and fifty seven years (= 1757) Before these witnesses
John Clark son to
the s[ai]d andrew Clark and the said andrew Clark writer hereof (Sic Subs[cribitu]r (Latin for "thus
signed")) Jo[hn Thom JohnClark witness andrew
Clark witness after Reading of which Heretable (= heritable) Bond and precept of Seasine y[e]rin (=
therein) cont[ained] a[bove]ment[ioned] the said mathew Thom-
son Baillie fors[ai]d (= foresaid) Gave and Delivered Heretable state and seasine Reall actuall and
Corporall possession of all and haill (= whole)
the said Lands and mailling (= leased land) of Burnhead and oy[e]rs (= others) fors[ai]d with the
pertine[n]ts y[e]rof (= thereof) Teinds (= tithes) parsonage and vicaraige of
the same and of the yearly a[nnual]rent (= interest) fors[ai]d upliftable furth y[e]rof (= therefrom)
To the said andrew Thomson younger and that by Deliver-
ance to the said andrew Thomson of whiteridge as pro[curato]r and attorney for him of Earth and
stone of and upon the ground
of the said lands and of ane (= a) handfull of Corn and Grass for the said Teinds and a penny money
for the s[ai]d a[nnual]rent as use (= use/custom)
is as the forme and Tenor of the said Bond and precept of Seasine In all points whereupon and upon
the haill premisses
the said andrew Thomson pro[curato]r fors[ai]d asked and Took Instruments ane (= one) or more in
my hands these things
(This is not the end of the sasine. There must be an 8th snip.)
-
RS42.14.334 snip 1
Seasine (= sasine) James Thomson
Att Hamilton the Sixteenth day of March Jajvij & thirty Seven years (= 1737) the Seasine Underwritin
was produced
by the said James Hamilton & Regrat (= registered) s[ai]d day q[uhe]rof (= whereof) the tenor follows
In the Name of god Amen be it known to all men by this p[rese]nt publick Instrument that Upon the
fifteenth day of March one thousand seven hundred & thirty seven
years & of his Ma[jes]ties reign the - - - year In presence of me Nottar (= notary) publick &
witnesses sub[scriv]ing (= subscribing/signing) Compeared (= appeared)
per[sona]lly Upon the ground of the land afterment[ioned] John
Thomson of Boigside (= Bogside) as pro[curato]r & Acturney (= attorney) for Ja[me]s Thomson only
son & heir of the deceast (= deceased) Andr[ew] Thomson po[rtione]r of
Easterglentore having & in his hands holding a
precept of Clare Constat Granted & subscrived by the right Hon[oura]ble John Earl of wigtoun (=
Wigton) to & in favours of the s[ai]d Ja[me]s Thomson for infefting & seasing (= seising) him as
son & heir of the s[ai]d Andr[ew] Thomson his father in the Lands & oy[e]rs (= others) afterexprest
(= afterexpressed) of the date Underwritin q[uhi]ch (= which)
precept of Clare Constat the s[ai]d John Thomson
as Acturney (= attorney) fors[ai]d (= foresaid) presented & delivered to John Wardlaw factor to the
s[ai]d Earl of wigtoun Baillie in that part by the s[ai]d precept
specially constitute (= constituted/appointed) desiring
him to execute his s[ai]d office of Baill[ia]ry y[e]rby (= thereby) Incumbent on him who being
willing y[e]rto (= thereto) received the same into his hands
& delivered it to me Nottar (= notary) publick
to be openly read & published by me to them & the witnesses sub[scriv]ing q[uhi]ch (= which) I did
& of the q[uhi]ch (= which) precept of Clare Constat the tenor follows viz
(= abbreviation of Latin videlicet meaning "namely") John Earl of Wigtoun
-
RS42.14.334 snip 2
Lord ffleeming (= Fleming) & Cumbernauld &c Lord superior (= feudal superior) of the Lands &
oy[e]rs (= others) Underwritin w(i)t(h) their pertinents to our Lovites
(= beloved) John Somervell of Glentore & John
Wardlaw our factor & ilk (= each) ane (= one) of you Con[junct]lly (= jointly) & Se[ver]ally (=
individually) our Baillies in that part by this our precept specially constitute
(= constituted/appointed) Greeting forasmuchas by Authentick
Instr[umen]ts & documents shoun (= shown) to us & produced it is Clear & Evident that the deceast
(= deceased) Andr[ew] Thomson po[rtione]r of Easter Glentore father to Ja[me]s Thomson bearer
hereof dyed (= died) last vest & seased as of fee (= was vested in heritable ownership at the time
of his death) at the faith [&] peace of our So[vereign] Lord the kings Ma[jes]tie (=
was not a rebel or outlaw) in all & haill (= whole) ane (= a) fifteen shilling Land of
old Extent of Easter
Glentore with houses biggings (= buildings) Yeards (= yards) Mosses Muirs Meadows pasturage
Grass Coall & limestones parts & pendicles & pertinents y[e]rof (= thereof)
conform to (= in conformity with)
the Meiths (= boundary markers) & Marches (= boundaries) in the same as they were possest (=
possessed) by Andr[ew] Thomson & his predecessors & their tenants all lying
in the paroch (= parish) of EastMonkland &
Sherrifdom of Lanark & that the s[ai]d Ja[me]s Thomson is only son & heir of the s[ai]d Andr[ew]
Thomson his father y[e]rintill (= thereto) & that he is of Age & that the
fifteen shilling land of old Extent of Easterglentore w(i)t(h) their pertinents lying as s[ai]d is are
holden (= held) of us our heirs & successors in few (= feu) ferm & heretage (= heritage)
for ever for the yearly pay[men]t to us & our fors[ai]ds (= foresaids) or to our factors &
Chamberlains in our Name of the sum of three pound Scots money at two terms in
the year Whi[tsunday] & Mar[timas] (= Martinmas) by equall portions in Name of few ferm duty as
also the heirs & successors of the s[ai]d Ja[me]s Thomson paying to us & our fors[ai]ds
the Usuall Accustomed entry money for the first year of their entry to the s[ai]ds lands conform as
(= in the same was as) the rest of our vassalls are Accustomed to pay likeas (= furthermore)
giving suit (= attendence) & presence at our three head Courts (= three main meetings of the
barony court) to be holden (= held) by us or our Baillies at Cumbernauld yearly & at all oy[e]r
(= other) Courts When called y[e]rto (= thereto) w(i)t(h) blood-
-
RS42.14.334 snip 3 (part 1) - the whole is too long for one post
wite (bloodwite = penalty for shedding blood) & amerciaments (= fines) of the same as also keeping
the thirle & sucken (= having to have your corn ground at a particular mill) to our miln (= mill)
of ffannyside w(i)t(h) the haill (= whole) grindable oats growing on the s[ai]d land (s[ai]d
teind (= tithe) excepted) paying for the grinding y[e]rof (= thereof) half a peck of multure (= the
proportion of grain due to the landlord or tenant of a mill) shilling (= grain that has been
threshed and winnowed) for each boll of shealing (= shilling = threshed and winnowed grain)
w(i)t(h) a fourth part or Lippie (= quarter of a peck) meall (i.e. for each boll of oats ground
the landlord or miller gets half a peck of the grain before grinding and a quarter of a peck of
the ground oatmeal) of [ ]
[ ] Biding all our fairs (= attending our business) if required & releiving us & our fors[ai]ds (=
foresaids) of the teinds & oy[e]r (= other) publick burdens due & pay[ab]l[e]
furth of (= from) the s[ai]ds lands as the s[ai]d
is now Under pay[men]t & thirlage & have been of before in Use & Custom to pay & that for all
oy[e]r (= other) burden exaction demand or secular service q[uhi]ch (= which) our
fors[ai]ds can Anyway (= in any way) Ask or require furth of (= from) the s[ai]d lands w(i)t(h) their
pertinents in time coming our will is herefor & we require you & ilk (= each) ane (= one) of you
con[junct]lly (= jointly) & se[ver]ally (= individually) our Baillies in that part fors[ai]d that
Incontinent (= as soon as) this our precept seen (= as soon as you see...) ye pass & give
her[etab[e] (= heritable) Infeftment State & Seasine (= sasine) w(i)t(h) reall actuall &
[corporall]
possession of all & haill (= whole) the fors[ai]d fifteen shilling land in Easterglentore of old Extent
w(i)t(h) houses biggings (= buildings) yeards (= yards) & haill oy[e]r (= other)
pendicles & pertinents y[e]rof (= thereof)
a[bove]writin all lying in manner a[bove]exprest (= above-expressed) to the s[ai]d Ja[me]s
Thomson as only son & heir of his s[ai]d deceast (= deceased) father y[e]rintill
(= thereto) & that by deliverance to him or his certain
acturney (= attorney) in his name bearer of thir (= these) p[rese]nts (= this present document) of
earth & stone of the ground of the fors[ai]d land as use (= use/custom) is conform to
(= in conformity with) the tenor herof (= hereof) & of the Antient (= ancient) writs &
Infeft[ments]
of the samen (= same) lands made & Granted to the s[ai]d Ja[me]s Thomson his predecessors or
Outhers (= others) by us or our ancestors y[e]rupon (= thereupon) in all points
& this on no ways (= in no way) ye leave
-
RS42.14.334 snip 3 (part 2) - the whole is too long for one post
undone to the doing q[uhe]rof (= whereof) we commit to you con[junct]ly (= jointly) & se[ver]ally
(= individually) as s[ai]d is our Baillies in that part fors[ai]d our full power warrand
(= warrant) & comission by this our precept [ ]
[ ] for that effect (Salvo Jure Cujuslibet (= Latin for "saving anyone's right")) in witnes q[uhe]rof
(= whereof) ye s[ai]d precept is wri[tti]n on stamped parchment by Ro[ber]t
Baird ser[van]t to the s[ai]d John Wardlaw & given under
our hand & seall (= signed and sealed by us) at Cumbernauld the fifth day of Nov[embe]r one
thousand seven hundred & thirty six years before these witnesses John
Thomson of Boigside (= Bogside) [ ]
John Chalmers writer (= lawyer) at [ ] filler up of the date witnesses names & signatures
(sic sub[scribitu]r (Latin for "thus signed")) Wigtoun (= Wigton) John
Thomson witness John Chalmers witness
after reading & publishing of the q[uhi]ch (= which) precept of Clare Constat a[bove]insert (=
above-inserted) the s[ai]d John Wardlaw Baillie in that part fors[ai]d rec[eiv]ed
the same back into his hands & by
virtue y[e]rof (= thereof) gave & delivered her[etab]l[e] (= heritable) Inf[eftmen]t State & Seasine
(= sasine) w(i)t(h) reall actuall & corporall possession of all & haill (= whole) the
fors[ai]d fifteen shilling land in Easterglentore of old extent
w(i)t(h) houses biggings (= buildings) yeards (= yards) & haill oy[e]r (= other) parts pendicles &
pertinents y[e]rof (= thereof) a[bove]writin all lying in manner as is a[bove]exprest
(= above-expressed) & the s[ai]d Ja[me]s Thomson as only
-
RS42.14.334 snip 4
heir of his s[ai]d deceast (= deceased) fay[e]r (= father) y[e]rintill (= thereto) & that by
deliverance to the s[ai]d John Thomson as acturney (= attorney) for & in his name of
earth & stone of & upon the ground of the fors[ai]d (= foresaid) lands as use (=
use/custom) is
conform to (= in conformity with) the tenor of the s[ai]d precept of Clare Constat in all points
q[uhe]rupon (= whereupon) all & sundry the premisses the s[ai]d John Thomson as
acturney fors[ai]d asked & took Instrum[ents] one or more in
the hands of me nottar (= notary) publick sub[scriv]ing (= subscribing/signing) thir (= these) things
were done upon the ground of the fors[ai]d lands betwixt the hours of twelve & one of the
afternoon of the day month year of God & Kings
reign a[bove]wri[ti]n In presence of John Aikenhead son to John Aikenhead of [ ] & John &
Mat[hew) Thomsons sons of the s[ai]d John Thomson witnesses to the premisses
specially called & required
(sic sub[scribitu]r (Latin for "thus signed")) et ego vero Joannes Somervell Clericus Glasguen[sis]
diocessis notarius publicus authoritate regali ac per dominos Concilij et Sessionis
secundum tenorem acti parlia[menti]
admissus quia premissis omnibus et singulis dum sicut premittitur dicerentur agerentur et fierent
una cum prenominatis testibus presens personaliter interfui eaq[ue]
omnia et singula premissa sic fieri vidi scivi et audivi ac in notam cepi Ideoq[ue] hoc presens
publicum Instrumentum manu aliena fideliter scriptum exinde confeci [et] in hanc
publici Instrumenti formam redegi signoq[ue] nomine [et cognomine] meis solitis et consuetis
signavi et subscripsi in fidem robur et testimonium veritatis omnium et singulorum
premissorum
rogatus et requisitus Post Nubila Phoebus Jo[hn] Somervell N[ottar] P[ublick] John Thomson witnes
Mathew Thomson witnes
(The witness John Aikenhead's signature is not included at the end. The Latin at the end is more or less like that at the end of RS42.9.384 with minor differences. For details of what a precept of Clare Constat is, see comments on RS42.13.426, which is also contains one.)
-
RS42.21.182 snip 1
Sas[ine] Robert
Wotherspoon
At Hamilton the Twenty fifth Day of September Mvij c& & Eighty years (= 1780) The Sasine
underwritten was produced by Francis Hamilton writer (= lawyer) in Hamilton & Registered
said day as follows
In the Name of God amen Be it known to all men by this present public Instrument That upon ye
twenty second day of
August Mvij c& & Eighty years (= 1780) & of ye reign of our So[vereign] Lo[rd] George the third by
ye grace of God King of Great Britain &c
In presence of me notary public & witnesses subscribing Compeared (= appeared) Rob[er]t
Wotherspoon tenant in Broadlea
who with Tho[ma]s Main afterdesigned Baillie in that part by ye precept of Sasine afterinsert (=
afterinserted) specially constitue (= constituted/appointed)
passed to ye grounds of ye lands & oy[e]rs (= others) afterment[ioned] ye s[ai]d Rob[er]t
Wotherspoon having & holding in his hands an
heretable (= heritable) disposition made subscribed & granted by And[re]w Thomson wright in
Airdrie Whereby for ye Causes
y[e]rin (= therein) specified ye s[ai]d And[re]w Thomson sold alienated & disponed from him his
heirs & successors whatsoever To & in
-
RS42.21.182 snip 2
favours of ye s[ai]d Rob[er]t Wotherspoon his heirs or assignies (= assignees) whatsoever heretably
(= heritably) & irredeemably all & haill (= whole)
his part & portion of ye fifteen shilling land of old extent of Easter Glentore with houses biggings (=
buildings) yeards (= yards) mosses muirs
meadows pasturage grass coal & lymestone parts & pendicles & pertinents y[e]rof (= thereof)
whatsoever conform to (= in conformity with) ye meiths (= boundary markers)
& marches (= boundaries) y[e]rof (= thereof) & as ye same is presently possessed by John Main &
W[illia]m Walker & all lying in ye parish of
East Monkland & Shire of Lanark Together with all right title interest claim of right property &
possession
which he his authors (= people who transmit feudal rights to him) predecessors or successors had
have or any ways may have claim or pretend (= claim)
y[e]rto (= thereto) in time coming in all which ye s[ai]d And[re]w Thomson Bound & obliged him his
heirs & successors
validly & sufficiently to Infeft & Sease (= seise) ye s[ai]d Rob[er]t Wotherspoon & his fors[ai]ds (=
foresaids) & that by two several (= individual) Infeftments and
manner of Holding y[e]rin (= therein) ment[ioned] as ye s[ai]d disposition containing y[e]rin (=
therein) a Clause of absolute warrandice [ ]
of Resignation an assignation to ye writes (= writs) & evidents (documents proving ownership) &
mails (= rents) & duties & sundry oy[e]r (= other) clauses which the
precept of sasine afterment[ioned] more fully bears which disposition a[bove]narrated ye s[ai]d
Rob[er]t Wotherspoon
presented to ye s[ai]d Tho[ma]s Main Baillie fors[ai]d humbly desiring him to execute ye office of
Bailliary comitted
-
RS42.21.182 snip 3
to him by ye precept of Sasine y[e]rin (= therein) cont[aine]d which desire ye s[ai]d Baillie finding to
be reasonable he
accepted of ye s[ai]d disposition into his hands & y[e]rafter (= thereafter) delivered ye same to me
notary public to be
read in audience (= hearing) of himself & witnesses subscribing all which accordingly I did & of the
s[ai]d
precept of sasine ye tenor follows viz (= abbreviation of the Latin videlicet = namely) attour (=
additionally) I desire & require you Tho[ma]s Main in Easter Glentore
& each one of you my Baillies in that part hereby specially constitute (= constituted/appointed) That
on sight hereof
ye pass to ye ground of ye lands & oy[e]rs (= others) a[bove]disponed & there give & deliver
heretable (= heritable) & irredeemable
State & Sasine real actual & corporal possession of all & haill (= whole) that part & portion of the
fifteen shilling land of old extent of Easter Glentore with ye haill parts pendicles & pertinents
y[e]rof (= thereof) a[bove]written & all lying & possessed in manner a[bove]ment[ione]d to ye
s[ai]d Rob[er]t Wotherspoon or his fors[ai]ds
& that by delivering to them or their attorney in their name bearer hereof of Earth & Stone
of & upon ye ground of ye s[ai]d Lands to be holden (= held) in manner a[bove]ment[ione]d & this
on no ways (= in no way) ye leave
undone ye which to do I hereby committ to you Con[junct]lly (= jointly) & Se[ver]ally (=
individually) my full power warrant &
commission
-
I think you deserve a medal of the highest rank for all this work GR2! ;)
Plus a rosette to wear on your lapel.
Well done you. A huge amount of work.
(Sorry, couldn't find one that mentioned old Scots language.)
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RS42.21.182 snip 4
commission (repeated from end of previous page) by this my precept of Sasine directed to you for
that effect In witnes whereof
I have subscribed these presents wrote upon this & ye three preceeding pages of stampt (=
stamped) paper (legal documents had to be written on paper bearing an official stamped
mark - a way of raising revenue)
by William Roberton por[tion]or (= portioner) of Airdrie at Airdrie ye Nineteenth day of August Mvij
c& &
Eighty years (= 1780) before these witnesses James Kirkwood merch[an]t in Airdrie James Russell
Surgeon in Airdrie &
William Mack writer (= lawyer) in Airdrie witnesses also to ye subscription of ye marginal note on ye
Second page ye date
place of signing witnesses names & designations being insert (= inserted) by ye s[ai]d W[illia]m
Mack Signed Andr[ew] Thomson James
Kirkwood witnes James Russell witnes W[illia]m Mack witnes after reading & publishing ye s[ai]d
disposition &
precept of sasine a[bove]copied ye s[ai]d Tho[ma]s Main Baillie fors[ai]d gave & delivered heretable
(= heritable) & irredeemable State (= possession) &
Sasine real actual & corporal possession of all & haill (= whole) ye fors[ai]d (= foresaid) part &
portion of ye fifteen shilling Land of
old extent of Easter Glentore with ye haill parts pendicles & pertinents y[e]rto (= thereto) belonging
and that by delivering
to ye s[ai]d Rob[er]t Wotherspoon of Earth & Stone of & upon the ground of ye lands to be holden
(= held) in manner & conform
to (= in conformity with) ye s[ai]d disposition in all points Whereupon & upon ye haill premisses ye
s[ai]d Rob[er]t Wotherspoon asked & took
instruments one or more in ye hands of me notary public subscribing these things were done upon
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RS42.21.182 snip 5
the ground of ye s[ai]d lands betwixt ye hours of one & two of ye afternoon day month year of God &
Kings
reign a[bove]written Before & in presence of John Main & William Miller both tenants in Easter
Glentore
witnesses to ye haill (= whole) premisses (= foregoing) specially called & required Et ego vero
Gulielmus Mack Clericus Glasguensis
diocesios ac notarius publicus authoritate regali ac per Dominos Concilij et Sessionis secundum
tenorem acti
parliamenti admissus Quia praemissis omnibus et singulis dum sic ut praemittitur dicerentur
agerentur et
fierent una cum praenominatis testibus presens personaliter interfui Eaq[ue] omnia et singula
praemissa sic
fieri vidi scivi et audivi ac in notam cepi Ideoq[ue] hoc presens publicum Instrumentum manu mea
fideliter scriptum exinde confeci ac in hanc publici Instrumenti formam redegi Signoq[ue] nomine et
cognomine meis solitis et consuetis signavi et subscripsi in fidem robur et testimonium veritatis
omnium
et singulorum praemissorum rogatus et requisitus Quod vidi assero W[illia]m Mack N[otary] P[ublic]
John Main
witnes W[illia]m Miller witnes
(The Latin at the end is more or less like that at the end of RS42.9.384 with minor differences.)
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RS42.18.140-141 Part 1 - first section (I'll post it in two sections because of its length.)
(This is not the actual start of the sasine. You must have a page before this one.)
Const[itute] (= constituted/appointed) by virtue of the precept of Sasine hereafterinsert (=
hereafterinserted) Cont[aine]d in the end of the
Disposition afterment[ione]d Together w(i)t(h) John Brownlee in Hill:
=head (= Hillhead) of Braidwood As attorney for Ja[me]s Gilkerson of Gilfoot Haveing & holding in
his hands a Disposition Made and Granted by W[illia]m Steele of Waygateshaw Whereby
for the Causes therein spec[ifie]d the s[ai]d W[illia]m Steele Sold Annailzied (= sold/alienated) and
Disponed (= conveyed) from him
his heirs & all oy[e]rs (= others) his assigneys (= assignees) To and in favours of the s[ai]d Ja[me]s
Gilkerson his heirs and
assigneys whatever heretably (= heritably) & irredeemably but (= without) any manner of
Reversion Redemption
or Regress All and Haill (= whole) the lands of Hillhead and Gladeinghillmuir thereto
belonging as the same are presently possesst (= possessed) by the s[ai]d John Brownlee w(i)t(h)
houses big[g]ings (= buildings)
yeards (= yards) and haill pert[inent]s of the same lying w(i)t(h)in the Barrony of Braidwood parish
of Carluke & shire of Lanark Together w(i)t(h) all Right Title or Claim of Right property
& possession as well petitory (= claimed by raising a petition to a court) as possessory (= claimed
by right of possession or occupancy) which the s[ai]d W[illia]m Steele his predecessors or
Authors (= people who transmit feudal rights to him) had have or anyways (= in any way) may
have to the lands & oy[e]rs (= others) a[bove]Disponed In the which
lands & oy[e]rs (= others) a[bove]Disponed he bound & oblidged him his heirs and Successors
duely &
lawfully to infeft and Sease (= seise) the s[ai]d Ja[me]s Gilkerson & his fors[ai]ds (= foresaids)
Heretably (= heritably) & irredeemably as
s[ai]d is upon their own proper (= own/personal) Charges and Exp[ense]s to be Holden (= held) in
manner therein spec[ifie]d
As the s[ai]d Disposition of the date of the s[ai]d presents (= the present document) in itself more
fully bears Which
Disposition Containing therein the precept of sasine after insert (= inserted) the s[ai]d John
Brownlee
As attorney for the s[ai]d Ja[me]s Gilkerson Presented to the s[ai]d Simon Pillance Baillie
Desiring and Requireing him by virtue Hereof and of his office of Bailliary
thereby Committed to him to put the Command of the s[ai]d precept of sasine to due Execu[tion]
who accordingly rec[eive]d the s[ai]d Disposition into his hands And delivered the same to
me Nottary (= notary) pub[lic]k Sub[scrib]ing to be by me openly Read and published in presence &
Audience (= hearing) of the witnesses there present and hereto Sub[scrib]ing which Accordingly I
did And of which precept of Sasine the tenor follows. Attour (= additionally) I hereby desire
And Require you Simon Pillans Schoolmaster at Braidwood And Each of
you my Baillies in that part Con[junct]lly (= jointly) & Se[ver]ally (= individually) specially
Const[itute That on sight hereof
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RS 18.140-141 Part 1 - second section
ye pass to the ground of the s[ai]d lands Called Hillhead and Gladeinghead muir
thereto belonging before disponed lying and possesst (= possessed) as s[ai]d is And there Give &
deliver
heretable (= heritable) State and Sasine Reall Actuall & Corporall possession of the same to the
s[ai]d
Ja[me]s Gilkerson and his fors[ai]d (= foresaid) And that by Delivery to him or them his or their
Certain Attorney or attorneys in their Names bearers hereof of Earth and stone of
and upon the ground of the fors[ai]d lands as use is The which to do I hereby Commit to
you my full power by this my precept of Sasine direct (= directed/addressed) to you for that effect
In witness whereof these presents wrote upon this and the Two preceeding pages
off Stampt (= stamped) paper by Rob[er]t Heart apprentice to W[illia]m Brown writer (= lawyer) in
Lanark
are Sub[scribe]d by me w(i)t(h) the marginall Note on the first page hereof at orchyard the
Eighteenth day of Aprile Jaivij & Sixty Seven years (= 1767) before these witnesses John
Steele of orchyeard the s[ai]d W[illia]m Brown and the s[ai]d Rob[er]t Heart (Signed) Will[iam]
Steele
John Steele witness Will[iam] Brown witness Robert Heart witness After Reading &
publishing of which Disposition and Precept of sasine hereinCont[aine]d a[bove]insert the s[ai]d
Simon Pillans Baillie in that part fors[ai]d by virtue y[e]rof (= thereof) And of his office of Bailliary
hereby Committed to him Gave & delivered here[tab]l[e] (= heritable) state and sasine Reall actuall
&
Corporall possession of All and Haill (= whole) the s[ai]d lands of Hillhead & Gladeing hill
muir thereto belonging possesst (= possessed) as s[ai]d is w(i)t(h) houses biggings (= buildings)
yeards (= yards) and haill pert[inent]s
of the same lying w(i)t(h)in the Barrony of Braidwood parish of Carluke and shire of Lanark
to the s[ai]d Ja[me]s Gilkerson and that by deliverance to the s[ai]d John Brownlee as attorney
for him of Earth & Stone of and upon the Ground of the fors[ai]d lands as s[ai]d is
after the form and tenor of the s[ai]d Disposition and precept of Sasine y[e]rin (= therein)
Cont[aine]d & aboveinsert (= above-inserted) in all points Whereupon and [attorney*] the
(* The writer has made a mistake here. Where he has written "attorney" he should have written "and upon all & sundry".)
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RS 18.140-141 Part 2
the (repeated from end of previous page) premisses the s[ai]d John Brownlee as Attorney fors[ai]d
Asked and took In[strument]s one or more
needfull in the hands of me Nottary (= notary) pub[lic]k Sub[scrib]ing These things were done upon
the Ground
of the s[ai]d lands bet[wixt] the hours of four & five in the afternoon day month year of God & year
of his Ma[jes]ties Reign a[bove]writen Before and in presence of John Steele Innkeeper in
Lanark and Rob[er]t Heart my Appr[entice] witensses Specially Called & Required to the
premisses (= the foregoing). Et Ego vero Gulielmus Brown Clericus Glasguensis Diocesios Ac
Notarius publicus Authoritate Regali ac per dominos Concilij et Sessionis secundum
tenorem Acti parliamenti admissus Quia praemissis omnibus et singulis dum sic
ut premittitur dicerentur Agerentur et fierent una Cum praenominatis testibus
praesens personaliter interfui Eaq[ue] omnia et singula praemissa sic fieri et dici vidi
Scivi et audivi Ac in notam Cepi ideoq[ue] hoc praesens publicum Instrumentum
manu aliena fideliter scriptum Exinde Confeci et in hanc publici Instrumenti formam
Redegi Signoq[ue] Nomine et Cognomine meis Solitis et Consuetis signavi et Subscripsi
Rogatus et Requisitus Res vera Gesta Will[iam] Brown N[ottary] P[ublick] John Steele
witness Robert Heart witness
(The Latin at the end is more or less like that at the end of RS42.9.384 with minor differences.)
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The following is a summary of the sasines related to Easter Glentore.
1. RS42.9.384
James Thomson, eldest son to James Thomson in Bogside is to marry Margaret Dick, second daughter to John Dick in Middle Quarter. The marriage contract was drawn up on 1st December 1691 and signed at Glentore by James Thomson, his father James Thomson in Bogside, and the future bride's father John Dick on 2nd December. Margaret Dick signed it at Middle Quarter on 3rd December.
As part of the marriage contract, James Thomson in Bogside undertakes to have his son and future wife infeft in his lands of Easter Glentore. This was done on 2nd December 1691, one of the witnesses being John Thomson, son to James Thomson in Bogside and brother to the future bridegroom James Thomson.
[The following children's baptisms are recorded to James Thomson and Margaret Dick in the East Monkland register: John, 22-4-1694; Andrew, 29-11-1696; Matthew, 29-5-1698. The baptism of their oldest son James was not recorded.]
2. RS42.11.475
James Thomson who was designated as "in Bogside" in the previous sasine, but is called "of Bogside" in this one, showing he owned it and was not merely a tenant, has died. It appears that when he gave his son James his lands of Easter Glentore in 1691, the latter agreed to pay a sum of money to his brothers, Andrew and Ludovick Thomson as their settlement. He now makes provision for this and gives them an annual sum from part of Easter Glentore in the meantime. The precept of sasine for this was signed by James Thomson on 20th June 1709 and witnessed by his brother John Thomson of Bogside. John has obviously inherited his late father's lands of Bogside, which is why he is not due any share of the money his brothers Andrew and Matthew are to receive. The infeftment of Andrew and Matthew in the annualrent from part of Easter Glentore took place the same day, the witnesses including their brother John Thomson of Bogside, Matthew Thomson of Airdriehill and William Thomson in Easter Glentore. There is no indication what relation the latter two are, if any, to the brothers James, John, Andrew and Ludovick.
3. RS42.12.369
James Thomson and Margaret Dick's eldest son James is to marry Anna Stone, fourth daughter of Henry Stone in Middlebre[ ]e. The marriage contract was drawn up on 31st July 1714, with "James" Thomson of Bogside as a witness. This must be a mistake for John Thomson of Bogside, the future groom's uncle.
As part of the contract James Thomson and Anna Stone are to be jointly infeft in his father's lands of Easter Glentore "presently possessed by James Thomson elder and younger." This took place on 8th October 1714.
4. RS42,13.426
James Thomson and Anna Stone must have had no children or no surviving children, because when James died Easter Glentore was inherited by his brother John Thomson ("brother german to the deceased James Thomson portioner of Easter Glentore"). As James was dead, it was necessary to get a precept of clare constat from the Earl of Wigton, feudal superior of the lands confirming that he was the true heir and there were no impediments to his inheriting. John Thomson was infeft in the lands of Easter Glentore on 7th April 1726.
5. RS42.14.5
John Thomson was portioner of Easter Glentore for three years, then he died. If he were married, he certainly had no living children, because Glentore was inherited by his brother Andrew ("son of James Thomson in Easter Glentore and heir to the deceased John Thomson portioner there his brother german"). This also tells us that The brothers' father, James Thomson, was still alive and living in Glentore. Again it was necessary to get a precept of clare constat from the Earl of Wigton. Andrew was infeft in the lands of Easter Glentore on 16th August 1729. The precept of clare constat is dated 31st July 1729.
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6. RS42.14.334
Andrew Thomson, portioner of Easter Glentore married and had one son or one surviving son, James. The sasine does not mention the name of Andrew's wife. Andrew died before handing on his lands to his son, so again it was necessary to get a precept of clare constat from the Earl of Wigton. James Thomson ("only son and heir of the deceased Andrew Thomson portioner of Easter Glentore") was infeft in the lands of Easter Glentore on 15th March 1737. The precept of sasine was dated 5th November 1736. John Thomson of Bogside witnessed the signing of the precept of clare constat and represented James at the infeftment. Witnesses to the infeftment included John's sons John and Matthew Thomson.
7. RS42.21.42
James Thomson married and had a son Andrew who inherited the lands of Easter Glentore from his father. The sasine where he is infeft in Glentore is not amongst the ones here. Andrew was a wright, a carpenter or joiner, living in Airdrie ("Andrew Thomson, wright in Airdrie, eldest son and heir of the deceased James Thomson portioner of Easter Glentore").
Andrew must have borrowed £300 Sterling from the the minister and kirk session of Govan, for on 7th June 1779 they were infeft in an annualrent of £15 Sterling from the lands of Easter Glentore and infeft in the lands themselves as security. It was normal practice for a kirk session with spare money to lend it to landowners on security and get an annual payment or interest from the land, in this case £15. When the loan was repaid, the land given as security reverted to the ownership of the borrower.
8. RS42.21.182
Presumably Andrew Thomson redeemed his lands of Easter Glentore, because he sold them to Robert Wotherspoon, who was infeft in the lands on 22nd August 1780. They thus left the possession of the Thomsons.
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What the sasines tell us about Easter Glentore.
The earliest Thomson mentioned, James Thomson in Bogside, appears in the 1694 Hearth Tax Roll for New Monkland, taxed for one hearth. In the roll, Bogside is listed under Glentore, so must be part of the lands of Glentore. https://scotlandsplaces.gov.uk/digital-volumes/historical-tax-rolls/hearth-tax-records-1691-1695/hearth-tax-records-lanarkshire-volume-1/48
This James Thomson was initially a tenant "in Bogside", but later must have acquired ownership of it, as he is later described as "of Bogside." He passed Bogside on to his son John.
James Thomson also acquired ownership of a part or portion of Easter Glentore, which he passed on to his son James. Owners of a part or portion like this are called portioners.
The Thomsons acquired their part of Easter Glentore from The Earl of Wigton, Lord Fleming and Cumbernauld. It is described as a fifteen shilling land of old extent. That means when the land was valued for the old "extent" or tax in the 13th century it was worth 15/- Scots a year. Even though there was a revaluation in the 15th century, it is normal for land to be described in terms of the 13th century valuation. By the 17th and 18th centuries it was worth considerably more.
The Thomsons held their land in feu ferm. The Earl was their feudal superior and they were his vassals. In return for him granting them the land, they had to pay the Earl £3 Scots feu duty each year, half at Whitsunday and half at Martinmas. This was doubled for the first year a new heir took possession of the land ("entry money") then reverted to £3.
As vassals the Thomsons were also thirled to the Mill of Fannyside. That means they had to have their corn ground there and not at any other mill. The Earl or his tenant in the mill received as "multure" a proportion of the corn taken to the mill - half a peck per boll of threshed and winnowed grain before grinding and quarter of a peck per boll of the ground oatmeal.
In addition The Thomsons had to attend three head courts (= main meetings of the barony court} a year. These dealt with estate business. They were also liable to be cited to attend any other court the Earl or his representatives held. They were also responsible for paying tithes or any other taxes that might be imposed on the land.
The lands of Easter Glentore are described as "with houses, biggings (= buildings, such as tenants' cottages), yards (= kitchen gardens), mosses (= boggy moorland where peats were cut for fuel), muirs (= moorland for rough grazing or cutting heather for thatch etc.), meadows (= grassland mown for hay), pasturage (= land for pasturing grazing livestock), grass, coal, limestone (= for breaking, burning in kilns and spreading on the land to improve it), parts (= any part of the land at all), pendicles (= parts of the property lying separate from it) and pertinents (= everything that goes with the land)."
Owning the land allowed you to be called "of Easter Glentore", but did not necessarily mean you lived there. The last of the Thomson owners, for example, was a carpenter living in Airdrie. The Thomsons had several tenants in different parts of their land, a number of whom are referred to in the sasines.
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Sorry for the delay. I only got to login yesterday and see everything you have done in finishing this mammoth task.
Words aren't adequate to convey my own and my Mum's thanks to you.
We have had these documents for 7 years and were only made aware of them thanks to another member of this wonderful forum (Forfarian).
I really wish we could send you a card and gift in appreciation for your work transcribing these legal documents and helping us understand them.
Thank you, thank you, thank you.
Gillian and Jeanie
Newcastle upon Tyne (previously Lanarkshire, Clan Lamont)
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PS can I ask how you found the last Thomson in Airdie - the carpenter please?
I'd like to trace him and see how (if) he fits in my tree? Thanks in advance
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If you look at the summaries of the Easter Glentore sasines which I posted, Andrew the wright in Airdrie appears in RS42.21.42 and RS42.21.182 (Numbers 7 and 8 in the summaries).
Again, if you go through those summaries and use them to make a family tree, you'll see that Andrew the wright was the son of James Thomson, grandson of Andrew Thomson, great grandson of James Thomson and Margaret Dick, and great great grandson of James Thomson in Bogside.
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Thank you. I'll aim to do that and hope it marries up with my existing tree.
Much appreciated GR2
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The whole process of passing on the ownership of land went as follows.
1. The owner of the land had a disposition drawn up which stated who he was disponing or passing on the land to and the reason he was doing so. It might contain details of a marriage contract if the land was being passed to a child following their marriage. It also contained a precept of sasine, which was an instruction to the owner's representative, usually called his baillie, to give formal ownership to the person getting the land or their representative. The precept of sasine gave the baillie full power to act for the landowner. The disposition was signed before witnesses and given to the person receiving the land or their representative..
2. On an agreed day, the following people met on the land being transferred: the person passing on the land or more usually their baillie; the person receiving the land or their representative (baillie, attorney, procurator); witnesses specially called; a notary public.
3. The person receiving the land or their representative handed the disposition to the person passing on the land or their baillie, who accepted it and handed it to the notary public. The disposition was then read to all present, including the precept of sasine which appointed the baillie.
4. The person passing on the land or their baillie then picked up earth and stones from the ground and handed them to the person receiving the land or their representative. This symbolically transferred ownership and infeft/seised/gave sasine to the new owner.
5. The new owner or their representative at this point "asked instruments one or more". This means they asked the notary public to draw up an instrument of sasine, a document describing in detail what had happened. The instrument of sasine also named the witnesses present at the transfer of the land.
6. The instrument of sasine (written up from notes taken at the time) was then taken to be recorded in the Register of Sasines for the area. This is what you have here. The original was retained by the new owner.
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Amazing!
Thank you ;)