UCR 007 Characteristics
| "Agreement between James Sandelandis and David Carnegie for exchange of land in Weddersbie and Wodheid for lands in Cruvie, all in Fife, Scotland : made in the Court of Commissary of St. Andrews, dated January 3, 1583/4, and signed by the registrar" (UCR Special Collections). |
Watch Grant Palmer perform an adaptation of this land grant!
Special thanks
Kathrin Bernath, unpublished study of UCR 007. December 2015.
Middle English, Scottish Dialect with some Latin:
Letter for Letter transcription UCR007
by Kathrin Bernath
At Sanctandrous the thrid day of Januar the zeir[1] of god Jai fyve hundreth fourscoir thrie zeiris It is apponittit contractit and finallie aggrei betwx honorable men James Sandelandis of Sanctmonance on the ane part/ And Maister david Carnegie of Cullnthie on the uther part IN MANER and forme following To Wit the said mr david sall infeft[2] the said James Sandelandis and his airis or assgnayis heretablie be chetar[3] and sasin[4] in dew forme In all and/ haiw[5] his halffe landis of Weddersbie, halffe landis of Woodhead halffe landis of Bowhouse, halffe landis of gadvey and thair pertinentis[6] With donation of benefices and Chaiplanreis pertening[7] yair[8] to lyand[9] within the Barronie of Lew tharis[10] be/ a [ ] in and sereffdome of fyffe To Be haldin Innn elia[11] of our Souerane Lord The kingis maiestie and his heines successoris for service of ward[12] and releffe[13] And also pay and ane anuellrent[14] of threttey schillingis four pennies usuall money of/ This realme usit[15] to be payit furth of the saidis landis of Wodhead To the prior and convent of the priorie of Sanctandry AND SICTY £ Sall infeft the said James and his airis or his assgnayis In all and haiw5 the threttey acres of arrable land/ With the toft16 and pertinentis thairof lyand within the barronie of Sanctmonance regaletie17 of Sanctandrois and sereffdome foir said To Be Haldin Innn elia11 the of the arch biscope of Sanctandry for service usit and wonnt18 And the saidis haiw infeftmentis19 aboue [wret]/ to be maid be the said mr david to the said James in ex cambium20 for the said James halffe landis of Cruvie lyand within the sereffdome of fyffe foir said FFOR THE QUHILLIS21 causse the said James Sandilandis of Sanctmonance Sall infeft be chartar/ and sasin in dew forme the said mr david his airis and assgnayis heretablie In all and haiw his halffe landis of Cruvie aboue [spet] with thair pendicles22 and pertinentis lyand within the barronie of [pitlair] and sereffdome of fyffe foir said To be haldin Innn elia/ [ ] the of our said souerane lord and his heinis successoris for service of ward in ex cambium for the saidis halffe landis of Weddersbie halffe landis of Wodhead halffe landis of Bowhouse halffe landis of gadvey and threttey acres of land in Sanctmonance foir said/ And Becaus the saidis halffe landis of Cruvie ar not be infeftun ar un equivalent and of equall vallo [ ] with the saidis halffe landis of Weddersbie and v theris aboue wrettin23 The said James Sandelandis sall at the making of the saidis infoftmentis content24 and/ pay to the said mr david the sowme of ane thowsand pund usuall scotis money in [fowit25] off the [qek] sowme of ane thowsand pund money foir said the said mr david grantis him well content and payit And thairfoir exoneris26 quytclames27 and discharges the said James thereof/ forever And incasce the saidis halffe landis of Weddersbie and v theris aboue[spet] givin in ex cambium to the said James Sandilandis of Sanctmonance bein onywayis28 evictit29 fra the said James for ony caus preceiding the dait heirof the said James Sall not onle have/ [theg is] againe v the saidis halffe landis of Cruvie Bot also the said sowme of ane thowsand pund money givin be him in [fowit] as said is And the said mr david and his airis bund30 and oblest31 and be the tennor32 heirof bindis and oblesse thame to [ ] and pay the same/ [again to him and to heirs or assigned incase abouve written togidder with the expensse that the said James and his airis sall happin to mak upon the bying of the saidis halffe landis provyding that incaice foir said or ony uther caice quhair33 upon the said ex cambium may/ be [disso ] and the said James gitt and his saidis halffe landis of Cruvie againne togidder with the said sowme of ane thowsand pund money givin in [fowit] he and his airis sall e bundin and oblese lyk as he be the tennor heir of bindis and oblesse him and thame to [ ??sound ]/ content and pay againe to the said mr david and his airis all and haiw the expensse that the said mr david and his so____ sall happin to makin bigging34 upon the saidis halffe landis of Cruvie AND FARDER the said James Sandelandis of Sanctmonance be the tenner/ heirof confesse and grantis that he willinglie remowal himselffe fra the saidis halffe landis of Cruvie upon the ancht day of marche the zeir of god Jai vcj threscoir threttey zeiris35 than occupei and labourit be him with his awin36 propper guidis37 and entert the said mr/ david to the occupeing and labouring thairof to sall occupie and manure38 the haiw aitt seid39 peis40 and beir41 seid of the saidis halffe landis of Cruvie of the crope and zeir of god Jai vcj threscoir fourten zeiris42 and v that effect disponit43 v the said mr david the quhet44 seid than/ Sallin45 and the reidland46 [ells] maid with the haiw suilrie47 being thair upon togidder with the housse [re] [airdis] barnes byris41 and stabillx with [p r] to him v occupie labour and manure the samyn in all tyme [ciding] at his [p ass ] and v schair48 and win49 the haiw cornes [ ]/ upon the saids halffe landis of Cruvie of the crope and zeir of god Jai vcj threscoir fourten zeiris foir50 said alswell51 the quhet ellis sawin52 as the peace bear and aittis53 yan54 to be sawin and v apply the samyn [ ] his awin [uther] and proffet and confess and grantis and also consentis/ that the said mr davidis entrie yair to the ancht day of marche the zeir of god Jai vcj foirscoir threttey zeiris foir said was also sufficient as if he had
[2] Infeft, v., p.t., and p.p. Also: infe(a)fte.
tr. To invest (a person) with heritable property. a. In infin. or pres. tense. b. In past tense. c. In past pple.
[4] The legal procedure whereby a person received formal possession of lands or property; an instance of this. See also 3 below.
Passing into: The notarial instrument by which the possession of feudal property is proved. b. Breif, charter, instrument, letter, precept, testimonial, warrant of sesing, and register of sesingis.
[6] A. noun. Something which belongs to, or is connected with, something larger or more important; chiefly, an adjunct to property. Chiefly plur. See the note to Pertinence n. Also, the ending -ente (see sing. below) may be a misreading for -ence. For further examples, see Commodité n., Es(e)ment n., Part n. 2 a (3) and Pendicle n.
a. A pertinent of lands and buildings. ‘Everything connected with or forming part of lands conveyed … that is not specially reserved from the grant’ (A. D. Gibb Students' Glossary of Legal Terms (1946) 63). Applied to buildings on a piece of land, to outhouses or ancillary buildings, to furnishings (or ? fittings) of houses; also, to portions of land regarded as subsidiary to (? or added to) the original property, and in some cases discontinuous with it. Also, once, applied to rights, obligations, etc. consequent upon possession of a property.
plur. (1)
[8] n.1 Also ya(i)re; ¶yaar (Mry. 1798 Grant and Leslie Survey Mry. 155); yaird by confusion with Yaird, n.1; †zeir. An enclosure, gen. built of stones or occas. of wattle-work in an estuary or in a bay on the sea-shore, to trap fish, esp. salmon, in nets or by hand, as the tide recedes (Gall. 1974).
[12] n. 1. Sc. Law: the oldest form of feudal land tenure, viz. by military service, with various attendant rights and obligations, esp. that of the superior to uphold and draw the rents of the lands of a deceased vassal while the heir was uninfeft or remained a minor, as an equivalent for the loss of military services during such period, the usage being termed simple ward. Later commutation was admitted for a monetary payment in lieu of the drawing of rents, called taxed ward. Ward-holding was abolished by the Heritable Jurisdiction Act in 1747. Phr. to hold ward, of a vassal: to hold lands by this form of tenure; of the lands: to be held under this tenure.
[13] 1. The feudal casualty of relief, a sum ‘exigible from an heir on his entry with the superior’ (Bell Dict. Law Scotl.). a. The obligation to make a payment, ‘varying in value and kind according to rank and tenure’ (OED), to a superior before entering into possession of heritable lands held in ward by that superior. b. The right to such a superiority. c. The payment so due. d. ? An instrument recording such a payment. Also, once, letter of releive (this may however properly belong to 6 below). Also quasi-adv. in the phr. to hald (land) … ward and relefe.
[14] annual rent. a. A rent or due paid or payable yearly. Cf. Annuel a. a. Rendering L. annualis redditus. Freq. abbreviated a' rent, and misread as arent, arrent, adrent.
[15] Regularly used, customary; accustomed, usual. Also, usit and wont, according to use and custom, customary, see Wont ppl. adj. for further examples; as is usit, as is customary.
16The site of a house or buildings; a homestead, also appar. sometimes with reference to land ? attached to a homestead. Freq. in collocation with croft, ȝard, etc. and with hous, byggings, etc.
17 a. A territorial jurisdiction, co-extensive with that exercised by the Crown, conferred by the king upon a subject; see Lord of Regalite below. In civil matters this jurisdiction was equal to that of a sheriff; in criminal matters, to that of the justiciary, though not competent in cases of treason. Orig. appar. conferred only as part of and along with a grant of land by the king.
18 To have wont, to be accustomed to, habit, custom; also, of the conditions of a document, to prevail, to have currency.
21 Until. = Quhil(l conj. 1. Also quhilis that. Chiefly in early charters.
22 1. A subsidiary, dependency or adjunct of anything; an appurtenance or appendage.
a. A piece of land or other property regarded as subsidiary to a main estate. Also comb. in pendicle land.
23 Recorded in writing. a. Of the law: Established or codified in written form, committed to writing. b. Of a book, paper, etc.: Bearing writing, exemplifying written matter.
25 [Later form of Full v.] tr. To fulfill.
26 1. tr. To annul (a claim, etc.); to pay off (a debt). 2. To relieve from (or of) a charge, obligation, duty, etc.
27 The action of renouncing a claim; also, a deed recording such a renunciation. Also const. of the claim given up, pl. in sing. sense and in letter(is) of quitcleme.
31 passive. To be legally or morally bound or pledged or to be bound by an oath, promise or contract (to a person, to do something, that something be done, etc.). Also freq. coupled with next sense, q.v. for examples; To bind, pledge or commit oneself by an oath, promise or contract. Const. as sense 1, with which in some instances examples of this sense are coupled. In the legal contexts the reflex. pron. is commonly coupled with one or more of the terms for heirs or successors.
32 1. The meaning, substance or import a. Of a legal document. b. Of other writings. c. The wording used to convey this. Also const. word be word. Also pl; The process or method by which a, freq. legal, procedure is carried out, the substance of such a procedure; the meaning, import or intention of an action, event, etc. b. The procedure followed by a government office or governmental body.
34 A building, edifice. Occurring early in the place-names Newbigginghe (1153), Niwebigginghe (1165), Shirrefbyggyng (1374). From about 1500 frequent in enumerations of property.
37 plur. 6. Goods in general; articles of value; property in such articles; Cattle, live stock. Cf. 5.
38 The utilizing, farming or cultivation (of land). Also *Half-manure n. (in Additions and Corrections to vol. III); spec. a. To enjoy, occupy, have the use of; to utilize, turn to use; to farm (land). Also absol. (Passing into next.); To work, till, cultivate (land). Also absol.
41 Barley. Brede of bere, = Bere-brede.
43 Of a material or non-material thing or benefit: Not assigned, disposed of or granted (also, upon, or (be a person) to (another)).
44 The grain of wheat. Breid of quhete, = Quhet(e)-Bred(e. Gray quheitt, wheat refuse
46 a. Cleared of growth or crops, as by reaping, ploughing, etc. = Red ppl. adj. 1. Chiefly attrib., with land.
Special Thanks:
Christopher Queen for assistance with translation of Middle English
Modern English:
By Ian Galbraith
At Sanctandrous the third day day of January the year of god Jai five hundred four score three years it is appointed that this contract be finally agreed between honorable men James Sandelandis of Sanctmonance on the one part/ And Master David Carnegie of Cullnthie on the other part IN MANNER and form following To Wit the said Mr. David shall invest[1] the said James Sandelandis and his heirs or assigned heir to be selected[2] and supplemented[3] in due form In all and/ have[4] his half lands of Weddersbie, half lands of Woodhead half lands of Bowhouse, half lands of Gadvey and there pertaining[5] With donation of beneficiaries and the Vicar pertaining[6]] to your land[8] within the Barony of Lew there’s[9] be/ a [ ] in and serfdom of Fife To Be holding among other things[10] of our Sovereign Lord The king’s treasurship and his highness’ herald for service of ward[11] and relief and also pay a one restoration of thirty shillings, four pennies, usual money of this Realm as is customary. To be paid forth of the said lands of Wodhead To the prior and convent of the priory of Sanctandry AND SICTY £ Shall invest the said James and his heirs or his assigned In all and half acres of arable land with the annual rent and pertaining to land within the barronie of Sanctmonance Sheriff of Sanctandrois and serfdom before said To Be Holding In among other things the of the archbishop of Sanctandry for service as is customary and to have currency and the said half of invested land written about to be maid be the said Mr. David to the said James in exchange for the said James’ half lands of Cruvie land within the serfdom of Fife before said cause the said James Sandilandis of Sanctmonance Shall invest by charter/ and decree in due form the said mr david his heirs and assigned heritable In all and half his half lands of Cruvie about flood with their subsidiary land and pertaining land within the barony of [Pitlair] and serfdom of Fife before said To be holding In among other things of our said Sovereign lord and his highness’ herald for service of ward in exchange for the said half lands of Weddersbie half lands of Wodhead half lands of Bowhouse half lands of Gadvey and thirty acres of land in Sanctmonance aforementioned/ And Because the said half lands of Cruvie are not being invested / are inequivalent and of equal value [ ] with the said half lands of Weddersbie and belonging about written The said James Sandelandis shall at the making of the payment of money made to the said mr david the sume of one thousand pound usual Scottish money in fulfillment of contract; sum of one thousand pound money aforementioned the said mr david grants him well content and payed And therefore the debt is fulfilled and discharges the said James thereof/ forever And in case the said half lands of Weddersbie and various lands giving in exchange to the said James Sandilandis of Sanctmonance being by any means bound by law from the said James for any cause preceding the date heir of the said James Shall not only have/ as a gift, again the various said half lands of Cruvie But also the said sum of one thousand pound money given by him in fulfillment as said is And the said mr david and his heirs bound and morally obliged and be the process of government the heir of binds and obliges them to [ ] and pay the same/ [again to him and to heirs or assigned incase above written together with the expenses that the said James and his airis shall happen to make upon the buying of the said half land providing that invoice spoken of before or any other case where upon the said exchange may/ be dissolved and the said James get and his said half land of Cruvie again together with the said sum of one thousand pound money given in payment he and his heirs shall be bound and obliged like as he be the legal heir of binds and obliges him and them to appear/ content and pay again to the said mr david and his heirs all and half the expense that the said mr david and his son shall happen to make a building upon the said half land of Cruvie AND further the said James Sandelandis of Sanctmonance be the legal/ heir of confess and grant that he willingly remove himself from the said half land of Cruvie upon the eighth day of marche the year of god Jai vcj three score thirty than occupied and labour it be him with his own proper goods and enter the said mr/ david to the occupying and labouring thereof too shall occupy and cultivate to have salary being there upon together with the house, seayard, area barns, barley and stabled with priority to him for occupied labour and to manure the same in all time citing his leave, share and take possession ofthe land with the intention that succeeding generations will inherit it the half corns [ ]/ upon the said half land of Cruvie of the crop and year of god Jai vcj three score fourteen years one thousand six hundred four as well as the plot of land sown with seed as the peace bare and oats the beard or bristle of barley or oats to be sewing and then apply the same to his own otherwise and profit and confess and grant and also consent/ that the said mr david’s is the entire enclosure to the 8th day of march the year of god Jai vcj fourscore thirty before said was also sufficient as if he had...