There was not much room for love when you got married in the 17th century. About 1.65 metres to be precise. The Palaeography Group are back together meeting virtually on Zoom and one of our first documents was this whopper of a marriage contract.
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| The contract laid out in full. |
I don't care if you are bored by the tenth line, I am giving you all three hundred and seventy one lines. It took us four weeks to transcribe and we want to share it with the world. (And hopefully get some help with the words we were stuck on...)
I would like to thank the wonderful online Dictionary of the Scots Language for helping us to figure out many old Scots words. Any words enclosed with square brackets [---], I have added in. Some of them are words which we could not work out how to transcribe. We would appreciate any help you can offer on these words. They are mostly place-names in Orkney and Perthshire.
I have scanned the document into 11 images and these appear below before each part of the transcription. There is some overlapping of the scanned images. So in each image we have found the line from the end of the previous one and worked from there to the end of each image.
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Att meall[i]
in Orknay the seaventh day of August. And [King-----?] the first day of
September the yeir of god jmvih and ffyfftie tua yeirs [1652] It is
appointit aggreit and finallie contractit betwix the pairteis following to wit Patrik Smyth eldar of Braco
heretabill proprietar of the landis and utheris underwrittin with advyse and consent of Patrik Smyth younger
appeirand of Braco his eldest laughfull sone And the said Patrik Smyth younger for himselff And they baith
with ane consent and assent on the ane pairt and James Keith uncle to Williame Earle of Marscholl ffor
himselff and takand the burden upon him for Anna Keith his youngest laughfull daughter And the said Anna Keith for
hir selff with advyse and consent of the said James Keith hir ffather and laughfull administrator to hir for his
interes And they baith with ane consent and effect on the uther pairt in maner forme and effect as efter
followis That is to say the saidis Patrik Smyth younger and Anna Keith sall godwilling soleminzat and
accomplisch the holy band of matrimonie with utheris in face of Chrystis kirk as Godis word dois
allow Betwix the dait heirof and the [blank] day of [blank] but farder delay In Contemplation of the quhilk mariage The said Patrik Smyth eldar be thir pntis [these
presents] bindis and obliss [obliges] him his airis and successoris with all possibill diligence To dewlie and laughfullie infeft and
sais be charter and saisine titulo oneroso in dew and competent forme the saidis Patrik Smyth younger his sone
and Anna Keith his said future spous the langest levar [liver] of thame twa in coniunctlie and the airis
laughfullie to be gottin bewix thame Quhilkis failzeing to the said Patrik Smyth younger his narrest [nearest] and laughfull
airis and assis [assignees] quhatsumevir heretablie In all and Sundrie the landis of Braco Workland and Hoill with the maner place
houss biggingis orchardis yairdis anexis connexis pairtis pendiclis and pertinentis of the samin
lyand within the parochin of Scone and Sredome[ii]
of Pearth And all (/\[iii]
in all and haill) the houss biggingis
yairdis and aikeris of land pertening heretablie to the said Patrik Smyth eldar with thair pertinentis lyand in
and about the toun of Scone bondit in maner specifeit in the infeftmentis thairof and lyand within
the said Sredome of Pearth And sicly[ke] in all and haill the landis of Myrsyd Westwood and Servantislandis with the
houss biggingis yairdis woodis mosses mures medowis anexis connexis pairtis pendiclis
and pertinentis thairof lyand within the parochin of Methven and Sredome of Pearth forsaid And all and haill and yeirlie annualrent
of ffourscoir ane pundis Scottis money disponit to the said Patrik Smith
eldar his predicessouris and authoris furth of the maines of Methven /\ and Sredome of Peath forsaid In warrandice and conpensation
of the few dewtie (/\ with the pertinentis or ony pairt thereof lyand within
the said parochin of Methven) of Fourscour ane pundis money abovewrittin addebtit yeirlie
to the duick of Lennox furth of the saidis landis of Myresyd And that in full contentation and satisfaction to the
said Anna Keith of all coniunctlie lyfren[t] terce or thrid[iv]
furth of quhatsumevir landis heretages or annelientis pertening or quhilkis
sall happin to pertene to the said Patrik Smyth younger quhilkis schee may ask or crave
be his deceas incais it sall happin hir to survive him Be twa severall infeftmentis the ane thairof to be haldin
of the said Patrik Smyth eldar and his airis in frie blenche For payment of ane penny Scottis upon
the ground of the saidis landis yeirlie at the feast of witsonday in name of blenche firme if it be askit
And als for payment to the immediat lawfull Superioris thairof of the few dewteis and uther dewteis
addebtit to thame for the samin allanerlie And the uther of the saidis infeftmentis to be haldin fro the said Patrik
Smyth eldar and his airis of his immediat lawfull Superi=ouris of the landis and utheris abovewrittin re[spect]ive
Siclyk and als frelie in all respectis as the said Patrik Smyth eldar haldis or sall hald the samin himself be
resignation or confirmation as best sall pleis the said Patrik Smyth younger and his said future spous and thair
forsaidis provyding that the saidis Superioris thair consentis to the resseaving of the said resignation and
granting of the said confirmation be purchest pro=cured past and exped[ited] be the said Patrik Smyth younger
and his said future spous and their forsaidis be thar awin[v]
moyen[vi]
and upon thair awin proper charges and expenses And Siclyk the said Patrik Smyth eldar be thir pntis[vii]
bindis and obliges him and his forsaidis with all possibill diligence to dewlie
and laughfull[ie] infeft and sais titulo oneroso in dew and competent forme the
said Patrik Smyth younger and the airis laughfullie to be procreat betwix him and the said Anna Keith
his future spous quhilkis failzing the said Patrik Smyth his airis and assis[viii]
quhatsumevar heretablie In all and haill the said Patrik Smyth eldar his landis and yle or holm callit Lambholm with
the teyndscheaves thairof includit quhilkis wer nevir in use to be separat from the stock All and haill his
ffour penny and halff penny land scat land comonlie callis the bow of Skaill with that pairt and portion
of the landis of Roisnes pertening thairto All and haill his halff penny land quoyland callit Holmes with
that pairt and portion of the saidis landis of Roisnes pertening to the
same All and haill his thrie farding quoyland comonlie callit Quoybarnettis All and haill his twa penny land
comonlie callit Vigga with that pairt and portion of the saidis landis of
Roisnes pertening thairto All and haill his ffour
penny and halff penny land of Maill logh and linkis thairof As the samin logh and linkis ar designed and limited All and
haill that his quoy of land adiacent to his saidis landis of Maill callit Horoquoy And all and haill his
thrie farding land in Hensbuster on the east pairt of the way sumtyme occupyit by Agnes Lindsay and
Bernard Mansone hir sone with the teynd=scheaves of all and sundrie his saidis landis of Maill
Horroquoy and thrie farding land in Hensbuster with the maner place of Maill girnell hous and stoirhous at
the schor of [Esda?] on the landis of Graves
End of image 1
[i] Old name for Graemeshall, Holm
[ii] Abbreviation for Sheriffdom
[iii] /\ = inserted words
[iv] About “terce” one of our group, JT, said: “It dawned on me that of course
that is the legal widow’s third to which she would be entitled even if they
tried to cut her out of an inheritance.”
[vii] “Be thir pntis” = by these present(s)
[viii] We think short for assignees or
assignays
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and with all utheris houses biggingis yairdis tofts croftis
towmales quoyis outbrekis onsettis pairtis pendiclis and pertinentis
quhatsumevir of all and sundrie his landis and utheris abovewrittin lyand in
the parochin of Holm and Paplay within the lait Bischoprik and Sredome of
Orknay And lykwayis in all and haill his ffour penny ane farding and ffourt pairt of ane farding land in Hensbuster be west the gait All and haill his ffour penny thrid pairt of
ane penny and ane penny and ane farding land in the toun of Wosbuster All and
haill his twa quoyis of land thair comonlie callit Quoyhestwall and Whiddaquoy
In all and haill his twa penny and thrie farding land in the toun of Graves All
and haill his twa penny halff penny ane farding and halff farding land in Valay
All and haill his land callit Skailtoft All and haill his twa penny twa farding
and fourt pairt of ane farding land in the toun of Aikerbuster In all and haill
his halff penny and thrid pairt of ane penny land in the toun of Swartaquoy
with the teyndscheaves of all and sundrie his saidis landis immediatlie
beforexprest quhilkis wer nevir in use to be separat from the stock /\[i]
and with houses biggingis yairdis toftis croftis towmales quoyis outbrekis
anexis (/\ And siclyk in all and haill his four penny ane farding land of
Doucro Cornquoy Angusquoy and Quoyingabuster with the pertinentis) connexis
pairtis pendiclis and pertinentis thairof quhatsumevir lyand in the said
parochin of Holm and Paplay within the said lait Bischoprik and Sredome of
Orknay As also in all and haill the said Patrik Smyth eldar his myln comonlie
callit the myln of Holm with the astrictit[ii]
multuris suckin and [sequellis?] of the said parochin of Holm and Paplay usit
and wount And with all previlegis belonging to his said myln lyand within the
samin parochin (Reserveand alwayis to the said
Patrik Smyth eldar his franktenement or lyfrent of all and sundrie the saidis
landis teyndscheaves and utheris abovespe[cif]it lyand within the said parochin
of Holm and Paplay during all the dayis of his lyftyme) Be twa severall
infeftmentis the ane thairof to be haldin of the said Patrik Smyth eldar and
his airis in frie blenche ffor payment of ane penny Scottis upon the ground of
the saidis landis yeirlie at the feast of witsonday in name of blenche firme if
it be askit And als for payment to the said Patrik Smyth eldar his immediat
laughfull Supeioris thairof if the few dewteis and uther dewteis addebtit to thame
for the samin allanerlie And the uther of the saidis infeftmentis to be haldin
fra the said Patrik Smyth and his airis of his immediat laughfull Superioris of
the landis and utheris immediatlie abovewrittin with the pertinentis siclyk and
als frelie in all respectis as the said Patrik Smyth eldar haldis or sall hald
the samin himselff be resignation or confirmation as best sall pleis the said
Patrik Smyth younger and his forsaidis Provyding that the Superioris consent to
the ressaving of the said resignation and granting of the said confirmation be
purchest procured past and exped be the said Patrik Smyth younger and his forsaidis
be thair awin moyen and upon thair awin propir charges and expenses And ffor that effect the said Patrik Smyth
eldar hes maid constitute and ordenis And be thir pntis makis constitutes and
ordenis [blank space] [blank
space] And ilkane of thame coniunctlie
and severallie his verie laughfull in=
End of image 2
[i] /\ inserted at the side of the document and signed by P Smythe and
Patrek Smyth
[ii] Specified as a legal obligation; esp. in astrictit multuris, multures to which a mill is entitled
from the tenants of certain lands.
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doubtit and irrevocabill pro[curato]ris actoris factoris
errand berraris [bearers] and speciall messengers to the effect underwritten giveand grantand and comittand to thame and
ilkane of thame coniunctlie and severallie as said is the said Patrik Smyth eldar his verie full frie
plane power speciall mandament expres bidding and charge ffor him and in his name to compeir befoir his
immediat laughfull Superioris rexive [respective] of the landis and utheris abovewrittin with the pertinentis or ony
utheris having thair power and commission To ressave[i]
resignationes in thair names at quhatsumevir day or dayis place or places
convenient And thair with condign[ii]
reverence as becumis to resigne surrander upgeve and overgeve Lykas the said
PatrikSmyth eldar be thir pntis resignes surranders upgevis and overgevis
all and sundrie the forsaidis landis of Braco Workland and
Hoill with the maner place houses biggingis yairdis orchardis annexis connexis pairts pendiclis and
pertinentis of the samin And als all and haill the forsaids houses biggingis
yairdis and aikeris of land
pertening heretablie to the said Patrik Smyth eldar with thair pertinentis
lyand in and about the said
toun of Scone And siclyk all and haill the forsaidis landis of Myrsyd Westwood
and Servantislandis with
houses biggingis yairdis woodis mosses mures medowis anexis connexis pairtis
pendiclis and pertinentis of the
samin And all and haill the said yeirlie anuelrent of ffourscoir ane pundis
money forsaid disponit to the said
Patrik Smyth eldar and his forsaidis furth of the said maines of Methven with
the pertinentis All lyand
and boundit as said is in warrandice and conpensation of the forsaid few dewtie of ffourscoir ane
pundis money abovespe[cif]it addebtit to the Dukes of Lenox yeirlie for the
saidis landis of Myresyd as said is In the handis of the said Patrik Smyth eldar his immediat laughfull Superioris
thairof rexive [respective] or ony utheris having thair power and commission to
ressave resigna= =tiones in thair names
as said is In favouris and for new infeftmentis of the samin to be maid and
grantit to the saidis Patrik
Smyth younger and Anna Keith his said future spous the langest levar of thame twa in coniunctlie
thair airis and assgis [assignees] forsaids heretablie (And that in full
contentation and satis= faction to the said
Anna Keith of hir said coniunctlie lyfrent or terce as is abovewrittin) And siclyk with full power to the
said Patrik Smyth eldar his saidis pro[curato]ris and ilkane of thame coniunctlie and severallie as said is To resigne
surrander upgeve and overgeve lykas the said Patrik Smith eldar be thir
p[rese]ntis Resignes surranderis upgevis and overgevis All and haill the
forsaidis landis of Maill teyndis and
utheris dewteis and landis belonging to the said Patrik Smyth eldar within the said parochin of Holm
with the maner place hous[e]s biggingis yairdis victuall hous pairtis pendiclis
and perti= nentis of the samin
quhatsumevir lyand within the said parochin of Holm and Sredome of Orknay
forsaid and boundit in maner
spe[cif]it in the infeftmentis of the samin In the
handis of
the said Patrik Smyth eldar his immediat
laughfull Superioris thairof rexive [respective] or of ony utheris having thair
power and commission
End of image 3
[ii] condign: means well deserved, fitting
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to ressave
resignationes in thair names as said is In
favouris and for new infeftmentis of the samin to be maid and grantit
to the said Patrik Smyth younger his airis and assges [assignees] forsaidis
heretablie (Reserveand alwayis to
the said Patrik Smyth eldar his said lyfrent theirof during all the dayis of his said lyftume as
said is) In dew and competent forme togidder with all right titill interes[t] and clame of right
quhilk the said Patrik Smyth eldar his airis or assges [assignees] had hes or
onywayis may have or acclame In
and to all and sundrie the landis and utheris rexive [respective] abovewrittin
with thair pertinentis or ony
pairt thairof in tyme cumming Renunceand [renouncing?] the samin for evir Actis
instrumentis and documentis
thairupon to ask lift and rais as neid beis And generallie all and sundrie
utheris thingis necessar and
concerning the premiss to doe use and exerce[i]
/\ that to the office of
pro[curato]ris in sick cais[e]s of the law and consuetude[ii]
of this realme necessarie ar knowin to appertene or that the said Patrik Smyth eldar might doe
thairin himselff if he wer personallie p[rese]nt promitting to hald firme and
stabill all and quhatsumevir
thingis his saidis pro[curato]ris or ony of thame in his name in the premiss
laughfullie doe Quhilkis infeftmentis and resignation rexive abovewrittin appoyntit
to be maid and grantit to and in
favouris of the said Patrik Smyth and his said future spous the langest levar of thame twa and
thair forsaidis And all and sundrie the landis and utheris abovewrittin with
the pertinentis provydit
to thame in maner abovespe[cif]it the said Patrik Smyth eldar and the said
Patrick Smyth younger his sone
baith with ane consent and assent Be thir p[rese]ntis bindis and obliss
[obliges] thame con= iunctlie and
severallie thair airis and successouris To warrand acquyet and defend To the
said Patrik Smyth younger
and Anna Keith his said future spous the langer levar of thame twa and thair forsaidis to be frie
acquyet saiff and sure at all handis from all perrillis dangeris impedimentis and inconveniencis
quhatsumevir bygane present and to cum against all deidlie as law will Lykas the said Patrik Smyth eldar bindis and obliss
[obliges] him and his forsaidis to warrand acquyet and defend the forsaidis
infeftmentis and resignation abovewrittin to be maid and grantit to and in
favouris of the said Patrik Smyth his airis
and ass[ignee]is forsaidis and all and sundrie the landis and utheris abovewrittin
with the pertinentis provydit
to thame in maner abovewrittin to the said Patrik Smyth younger and his forsaidis (under the
reservation abovewrittin) to be frie acquyet saiff and sure at all handis from
all perrillis dangeris
impedimentis and inconveniencis quhatsumevir bygane p[rese]nt and to cum
against all deidlie as law will And siclyk the said Patrik Smyth
eldar Be thir p[rese]ntis makis constitutes and ordenis the said
Patrik Smyth younger and Anna Keith his said future spous the langest levar of
End of image 4
[ii] consuetude = custom, habit, habitual practice (dsl.ac.uk)
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thame twa and thair forsaidis his verie laughfull indoubtit
and irrevocabill cessionaris[i]
assi[gnee]s and pro[curato]ris in rem
suam[ii]
in and to the haill maillis [firmes?] proffittis and dewteis of all and sundrie
the landis and utheris
abovewrittin with the pertinentis heirby prvydit to the said Patrik Smyth
younger and his said future
spous the langer leveand [living] of thame twa and thair forsaidis as said is
of this instant croppe and yeir of God
jmvih and ffyftie twa [1652] yeiris and haill [termes?] of the samin
and in tyme cumming and to all action
instance and execution competent or that may be competent To the said Patrik Smyth eldar for
payment of the samin Surrogatand and
substituand be thir p[rese]ntis the said Patrik Smyth
younger and his said future spous the langer levear of thame twa and thair
forsaidis in the said Patrik
Smyth eldar his full right titill and place of the samin for now and evir
Quhilk assignation
abovewrittin the said Patrik Smyth eldar be thir p[rese]ntis bindis and obliss
[obliges] him his airis and successouris
quhatsumevir to warrand acquyet and defend to the said Patrik Smyth younger his said future spous and
the langer levar of thame twa and thair forsaidis from this awin [own] proper
fac[t?] and deid allanerlie that
is to say that he hes not done nor yet sall not doe any/\thing in hurt or preiudice heirof in na tyme
bygane or to cum For the quhilkis caus[e]s in corroboration and satisfaction of
the twa severall obligationes maid and grantit be the said Patrik Smyth eldar and the said Patrik
Smyth younger in favouris of [Mr?] Robert Andro /\Barbara Jean and Margaret Smythis laughfull bairnes to
the said Patrik Smyth eldar thair airis exe[cuto]ris and assgis contening the sowme of eightene thousand
merkis usuall money of Scotland of principall sowme the said Anna Keith with advyse and consent of
the said James Keith his ffather and laughfull administrato for hir interes[t] And
the said James Keith for
himselff and takand the burden upon him for the said Anna Keith his daughter
And they baith with ane consent
and assent and als with advyse and consent of the said Patrik Smyth younger the said Anne Keith hir
said future husband for his interes[t] Be thir pntis sell assigne transffer and
sumpt[ivous][iii] dispone ffra thame
thair airis and assgis to and in favouris of the said Mr Robert Andro /\ Barbara Jean and Margaret Smythes thair airis
exe[cut]eris and assgis the sowmes of money contractis bandis obligationes and
utheris under writtin quhairunto the
said Anna Keith hes right in maner eftermentionat to wit all and haill the sowme of then
thowsand merkis Scottis money restand awand of the principall sowme of ten thowsand pundis money
abovewrittin quhatsumevir the said Anna Keith is provydit and hes right be
virtew of ane contract of wadset
maid and perfytit (perfected) betwix James Earl of Heartfell then designit
James Lord Johnstoun and umqle
Margaret Lindsay spous to the said James Keith on the ane pairt and Sir John Johnstoun of
Elphingstoun knight baronet heretabill proprietor of the landis and utheris
efterspe[cif]it with advyse and
consent of Dame Margaret Keith[iv]
his spous and the said Dame Margaret for hir selff
End of Image 5
[i] cessionar = one to whom a cession of property is made. Regularly coupled with assignay (dsl.ac.uk).
[ii] in rem suam = in their matter / business (Latin)
[iii] sumptivous = by the undertaking
[iv] Dame Margaret Keith is Anna Keith’s sister
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with consent of hir said husband for his interes[t] And they
baith with ane consent and assent on the uther pairt of the
dait Att Edinburgh and Cannogait the twentie sex day of March jmvih
fourtie twa yeiris [1642]
regrat [registered] in the buikes of Counsale and Session and ane decreit of
the Lordis thairof inter=ponit thairto upon
the last day of July jmvih fourtie sex yeiris [1646] Quhairby
and for the sowme of twentie thousand
pundis money forsaid Quhairof be the said James Earle of Heartfell the sowme of ten thousand pundis
money forsaid And be the said umqle Margaret Lindsay the sowme of uther ten thousand pundis
money abovewrittin then payit and delyverit to the said Sir John Johnstoun and his said spous The
said Sir John Johnstoun with consent of the said Dame Margaret Keith his spous And schoe
[she] for hir selff with his consent And they baith with ane consent and assent analeit and wadset to
the said James Earle of Heartfell and to the said umqle Margaret Lindsay equallie betwix thame
thair airis and assgis thairinspe[cif]it heretablie under the reversion
underwrittin All and haill the said
Sir John his landis of Elphinstoun with toure [tower?] fortilice maner place houses yairdis
orchardis tofts croftis paitis pendiclis coillis coilheughis[i]
and all thair pertinentis (Except these landis
and rowmes quhairin Dame Jean Douglas stands infeft with thair pertinentis possest be the said
Dame Jean Douglas Lady Elphinstoun and these landis callit Newmains miln and mylnlandis
thairof possest be Alexander Burton) lyand within the Constabularis of Haddingtoun and
Sredome of Edinburgh Redeimabill always and under the twa reversiones mentionat in the said Contract
maid and grantit be the said umqle James Earle of Heartfell and the said umqle Margaret Lindsay To
and in favouris of the said Sir John Johnstoun his airis and assgis ffor
redemp= tion thairof contening
thairuntill ather of the said reversiones the sowme of ten thousand pundis money abovewrittin
with all byrunes[ii] of
the bak tak[iii]
dewtie of twa thousand and ffour hundreth merkis money abovespe[cif]it
and liquidat expenses rexive mentionat in the said Contract quhilk sould happin
to be restand awand [owing]
for the tyme And be the quhilk Contract the said Sir John Johnstoun is oblist
[obliged] to mak payment to the saidis
James Earle of Heartfell and umqle Margaret Lindsay equallie betwix thame and thair
foirsaidis of the said principall sowme of twentie thowsand pundis money
foirsaid and haill byrunes of
the said baktak dewtie and liquidat expenses thairof spe[cif]it in the said
Contract quhilk sould happin to
be restand awand for the tyme in maner and upon the requistion spe[cif]it in the said Contract
Togidder with the sowme of Four thowsand merkis money foirsaid of liquidat expenses
incais of failyie Conforme to the quhilk Contract the saidis James Earle of Heartfell and umqle
Margaret Lindsay wer dewlie and heretablie infeft and saisit equallie betwix thame in the landis
and utheris abovewrittin with the pertinentis As the said Contract of wadset of the dait foirsaid
regrat as said is infeftment and saisine following thairupon at mair lenth
proportis And Siclyk the said umqle Margaret Lindsay with advyse and consent of
the said James Keith hir spous Be hir
letteris of disposition assignation and translation of the dait the twentie day of July jmvih
Fourtie sex yeiris [1646] [Sauld?] assignit transferrit and disponit to and in
favouris of the said Anna Keith
hir airis and assgis quhatsumevir the foirsaid Contract of wadset claus of requisition haill
remanent headis clauses and conditiones thairinspe[cif]it with all that had
followit or might follow thairupon
in swa far as the samin is conceavit in favouris of the said umqle Mar=garet Lindsay As also ane uther Contract maid betwix
umqle John Earle of Wentoun? immediat Superior of the landis
and utheris abovewrittin on the ane pairt the saidis James Earle of Heartfell and umqle Margaret
Lindsay on the uther pairt relative to the said Contract of wadset and
ratifiand and confirmand the
charter and instrument of saisine following thairupon daittit the twentie aught day of March jmvih
Fourtie twa yeiris [1642] and haill contentis thairof in swa far as the samin
is conceavit in favouris
of the said umqle Margaret Lindsay And surrogat the said Anna Keith and hir foirsaids in hir
full right titill and place thairof for evir As the saidis letteris of
disposition assignation and
translation of the dait forsaid at mair lenth proportis And lykwayis the said Anna Keith is
dewlie and laughfullie infeft and saisit in all and haill the landis and utheris abovewrittin with the
pertinentis Be virtew and conforme to the charter maid and grantit to hir be the said umqle Margaret Lindsay with
consent of hir said spous and instrument of saisine following
thairupon As the samin at mair lenth bearis Togidder with the anuelrent of the sowme of ten
thowsand merkis money foirsaid restand awand of the said principall sowme of then thowsand
pundis money abovereheirsit provydit to the said umqle Margaret Lindsay and hir foirsaidis be
the said Contract of wodset and qhuairunto the said Anna Kieth hes right in
End of image 6
[iii] Bak-tak: A tack connected
with wadsets, whereby the actual possession of the wadset lands was continued,
or returned, to the proprietor or reverser, on payment of a rent corresponding
to the interest of the loan (Bell) https://dsl.ac.uk/entry/dost/bak_tak
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maner abovewrittin or bak tak dewtie foirsaid or liquidat
expenses thairof aboveexprest spe[cif]it in the said Contract of
wodset offeirand to the said sowme of ten thowsand merkis money foirsaid of the terme of witsonday
lastbypast and of all yeiris and termes to cum during the nonpayment of the said sowme of ten
thowsand merkis money with the said penaltie of ffour thowsand merkis money foirsaid
contenit in the said Contract of wodset offeirand to the said sowme of ten
thow= sand merkis money
abovewrittin Togidder also with the samin Contract of wodset and the said uther Contract
relative thairto decreittis of the Lordis of Counsale and Session interponit
thairto haill tenoris and
contenitis of the samin with the foirsaidis letteris of disposition assignation
and translation utheris
rightis and securiteis abovespe[cif[it grantit to the said Anna Keith and hir
foirsaidis haill tenoris and
contentis of the samin And all action instance and execution competent or that may be competent to
the said Anna Keith be virtew thairof with all that hes followit or may follow thairupon And that
allanerlie in swa far as the samin concernis or may be extendit to the said sowme of then thowsand
merkis restand awand of the said principal sowme of ten thowsand pundis money
abovewrittin spe[cif]it in the said Contract of wodset and to the foirsaid
anuelrent thairof or bak tak dewtie
foirsaid and liquidat expenses thairof abovewrittin thairinmentionat offeirand
thairto of the said terme of
witsonday lastbypast and in tyme cuming during the nonpayment of the said sowme of ten thowsand merkis
and to the said penaltie of ffour thowsand merkis conteint in the said Contract of wodset
offeirand to the samin sowme of ten thowsand merkis and na farder And in lyk maner ane bond and obligation
maid and grantit be umqle William Earle of Morton Lord Dalkeith
and umqle Robert Lord Dalkeith his sone thairefter Earle of Morton as principallis Robert
Logan of Cousland Williame Cockburne and Mitchell Schaw servitoris to the said
umqle William Earle of Morton as Cautionaris and souirteis[i]
for thame ffor payment to
the said James Keith in his awin lyftyme And efter his deceas To the said Anna Keith his
daughter hir airis exe[cuto]ris and assgis of the sowme of ffour thowsand merkis money foirsaid
As principall with ane hundreth thriescoir merkis money foirsaid as for the anuelrent
thairof to the terme of payment underwrittin at the terme of mertinmes jmvih ffourtie sevin yeiris
[1647] with the sowme of sex hundreth merkis money foirsaid of liquidat
expenses incais of failyie
Togidder also with the @nuelrent and proffits of the said principall sowme yeirlie termelie
quarterlie and monethlie thairefter during the nonpayment thairof of the dait the twentie ane
day of Junii jmvih ffourtie sevin yeiris [1647] haill tenor and contentis of the samin bond and
obligation and haill sowmes of money principall anuelrent and expenses abovewrittin
thairincontenit with the letteris of assignation maid and grantit be the said
James Keith to the said Anna
Keith his daughter and hir foirsaidis of the samin and all action instance and execution
competent or that may be competent to the said Anna Keith or hir said ffather Be
virtew thairof with all that hes followit or may follow thairupon And lykwayis ane bond of corroboration grantit be the said Sir John Johnstoun as
principall and certane persones his
cautionaris to the said Anna Keith of the dait the [blank] day of July lastbypast in
corroboration of ane former bond grantit be the said Sir John Johnstoun to the said Anna Keith
contening thairin the sowme of ffour thowsand merkis principall with certane anuelrentis and
liquidat expenses thairinmentionat Be the quhilk bond of corroboration the
saidis princi=pal and cautionaris
or oblist conjunctlie and severallie To mak payment to the said Anna Keith End of image 7
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or hir foirsaidis of
the sowme of twa thowsand merkis money abovewrittin as principall with ane termes anuelrent
thairof at the feast and terme of mertimes nixtocum Togidder with the sowme of twa hundreth and
ffyftie merkis of liquidat expenses incais of failyie Togidder also with the ordinar anuelrent and
proffite of the said principall sowme of twa thowsand merkis yeirlie termelie
and continuallie swa lang
as the samin sall happin to remane unpayit efter the terme of payment above= =writtin As the said
bond of corroboration of the dair foirsaid at mair lenth bearis Togidder with the saidis haill
sowmes of money principall anuelrentis and expenses rexive abovespe[cif]it
contenit in the said bond of corroboration
and all action instance and execution competent or that may be competent to the said Anna Keith
be virtew thairof with all that hes followit or may follow thairupon Sur =rogatand and substituand be thir pntis the saidis Mr Robert Andro
Barbara Jean and Margaret Smythis bairnes
laughfull to the said Patrik Smyth eldar and thair foirsaidis in the said Anna Keith and hir
said ffather thair full right titill and place of the haill premises in swa far allanerlie as may
be extendit as said is for now and evir And quhilkis haill sowmes of money principall
and bygane anuelrentis thairof abovespe[cif]it quhilkis now will be dew at the said terme of mertimes
nixtocum assignit and disponit be the said Anna Keith and hir said ffather with consent foirsaid
to the saidis bairnes of the said Patrik Smyth eldar and thair foirsaidis in maner abovewrittin
Extendis in the haill to the sowme of Aughtene thowsand and twen=tie merkis money
abovespe[cif]it And ar heirby disponit and assignit to the saidis bairnes of
the said Patrik Smyth
eldar and thair foirsaidis as is abovereheirsit in name of tocher[i]
with the said Anna Keith Lykas the said Anna Keith with advyse and consent of the said
James Keith hir ffather and
lawfull administrator for his interes[t] And the said Jame Keith for himselff and takand the burdin
upon him for his said daughter and with advyse and consent of the said Patrik Smyth younger the said
Anna Keith hir said future husband And the said Patrik Smyth younger
End of image 8
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for himselff And they all with ane consent and
assent Be thir p[rese]ntis bindis and obli[g]es thame con=iunctlie and
severallie thair airis and successouris quhatsumevir To warrand acquyet and
def[end?] the disposition
assignation and translation abovewrittin To the saidis Mr Robert Andro /\ Barbara Jean and Margaret Smythis
bairnes to the said Patrik Smyth eldar and thair foirsaids to be good valid effectuall
and sufficient at all handis and against all deidlie as law will And Siclyk the said Anna Keith with advyse and consent of hir saidis
ffather and future husband for thair interes[t]s
Be thir p[rese]ntis bindis and obli[ge]s hir and hir foirsaidis To denude hir
selff of the sowmes of money and
utheris abovementionat heirby disponit assignit and transfferit to the saidis
bairnes of the said Patrik
Smyth eldar and thair foirsaidis as said is and of hir said right to the landis and utheris
abovewrittin Swa far as may be extendit thairto To and in favouris of the
saidis bairnes and thair
foirsaidis omni habili modo quo de jure[i] aggreabill to the lawes and practick
of this Nation And to mak
perfyte subscryve and delyver to thame all writtis and securities requisite
thair anent with warrandice
as is abovewrittin And all uther claus[e]s necessar[y] in dew and competent forme And in lyk maner the said James Keith ffor the love favour and respect
he hes and beiris
towardis the said Anna Keith his daughter and to hir said future husband Be
thir
End of image 9
[i] omni habili modo quo de jure
means “the way in which the capacity of the right of every” according to Google
Translate
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p[rese]ntis bindis and
obli[ge]s him his airis and successoris To dewlie and lawfullie infeft and sais
be charter and saisine
titulo oneroso in dew and conpetent forme the saidis Patrik Smyth younger and Anna Keith his said
future spous the langest levar of thame twa in coniunctlie thair airis and ass[i]g[n]is foirsaidis heretablie
In all and haill these tenementis of land
[BLANK SPACE] hous[e]s boit[i]
and fisch boit with the pertinentis
lyand in the toun of Futie [BIG BLANK
SPACE] [MEDIUM BLANK SPACE] and boundit in maner spe[cif]it in the
infeftmentis thairof quhilkis pertenit heretablie to
umqle George Earle of Marschell And wer sauld [sold] and disponit be him to the
said James Keith his airis
and assgis heretablie Conforme to the rightis and securiteis maid thairanent be
twa severall infeftmentis
the ane thairof to be haldin of the said James Keith and his airis in frie
blenche ffor payment of ane
Scottis penny upon the ground of the saidis landis yeirlie at the feast of
witsonday In name of blenche
firme if it be askit And for payment to the immediat lawfull Superioris thairof of the few dewteis and
utheris dewteis addebtit to thame for the samin And the uther of the saidis
infeft=mentis to be haldin
ffra the said James and his airis of his
immediat lawfull Superioris of the tene=mentis of land and
utheris abovewrittin Siclyk and als frelie in all respectis as the said James
Keith p[rese]ntlie haldis or
sall hald the samin himselff And to mak perfyte subscryve and delyver To and in favouris of the said
Patrik Smyth younger and Anna Keith his said future spous the langest levar of thame twa and thair
foirsaidis all infeftmentis charteris dispositiones pro[?]reis of resignation
and utheris writtis and securiteis
requisite thairanent with warrandice fra the said James Keith his awin propir fact and deid allanerlie
and all uther claus[e]s necessar[y] in dew and competent forme And that upon the charges and
expens[e]s of the said Patrik Smyth younger and his said future spous and thair
foirsaidis As also the said James Keith Be thir p[rese]ntis makis constitutes
and ordeinis the said Patrik Smyth younger and Anna Keith
his said future spous the langest levar of thame twa and thair foirsaidis his
indoubtit and irrevocabill
cessionaris assgis and pro[curato]ris in rem suam In and to all dispositiones
and utheris
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rightis and securiteis
maid and grantit to the said James Keith and his forsaidis be the said umqle George Earle of
Marschell or ony uther persone or persones of the tenementis of land and
utheris above =writtin with the
pertinentis haill tenoris and contentis of the samin and to /\
all action instance and execution competent or
that may be competent to the said James Keith be virtew thairof with all that hes followit or my
follow thairupon And siclyk in and to the haill maillis and dewteis of the
tene= =mentis of land and
utheris abovewrittin of all yeiris and termes bygane restand awand unpayit and
in tyme cuming and to /\
all action instance and execution
competent or that may be competent to the
said James Keith for
payment of the samin Surrogatand and substituand be thir
p[rese]ntis the said Patrik Smyth
younger his said future spous the langest levar of thame twa and thair foirsaidis In the said
James Keith his full right titill and place of the samin for now and evir
q[uhi]lk assignation
abovewrittin the said James Keith be thir p[rese]ntis bindis and obli[ge]s him
and his foirsaidis To warrand acquyet and
defend to the said Patrik Smyth younger and his said future spous the langest levar of
thame twa and thair foirsaidis ffrom his awin propir fact and deid allanerlie
as is abovewrittin And ffor
the mair securitie Baith the saidis pairteis ar content and consent that thir p[rese]ntis be
insert[ed] and reg[iste]rat in the buikis of Counsale and Session or Court
buikis of Justice To have the strenth of
ane decreit of ather of the judges thairof that letteris of horning on sex dayis onlie and
utheris necessar[y] in forme as effeiris may pass heirupon And for reg[?]ring heirof they constitute
[BIG
BLANK
SPACE]
thair pro[curat]ors
promitten de rato etc[?] In witnes quhairof writtin be George Heart sone to David Heart of
Rusland Baith the saidis pairteis have subscryvit thir p[rese]ntis with thair handis day yeir and
place re[spect]ive foirsaidis Be evir thir witneses George Smyth
[i]
of [-ames?] and Androw Smyth sone law[fu]ll
to the foirsaid Patrick Smyth of Braco insert of dait and witnes to the said Patrick sub[scryvi]t
And Mr George Oliphant of newtowne Captain Robert Wood servitor to the forsaid James Mr Robert Smyth
sone law[fu]ll to the said Patrick Smyth of Braco Johne camerone mer[chant] in Edinbrough Androw
Camerone servitor to Patrick [Dans?] mer[chant]erie ther And me David Graham servitor to the said
Patrick Smyth yo[unge]r inserte of the dait and witneses to the subscriptiones of the fors[ai]d James
Keeth Patrick Smyth yo[unge]r and Anna Keeth his future spous
J Keith
P
Smythe off Braco
Patrick Smyth
A Keith
G Smyth witnes RoWood
witnes
A Smyth witnes Geo:
Olyphant witnes
Andro Camerone witnes MRot Smyth witnes
D Grahame
witnes J
Camerone witnes
End of Image11 and End of document.
[i] George Smyth could be this man https://en.wikipedia.org/wiki/George_Smith_(died_1658) And relax....
