This is our earliest document, it is a disposition by Magnus Andro and Jonet Magnus of ½ penny land in Wasbister in Holm to John Mason and it was written in the year 1402.
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| Document reference D5/32/1/1, part of the Sutherland Graeme of Graemeshall Collection |
It is mentioned in History of the Church in Orkney in 1901: –
From
the Introduction of Christianity to 1558 by Rev. J
B Craven Rector of St Olaf’s Church Kirkwall. p101
“An early Orcadian ecclesiastic of the name
was “Schyr Jhon Synclar”, who in 1402, appended his seal, at Kirkwall, to a
deed in favour of John Mason, burgess of Kirkwall, of land in Holm.”
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Here is a full transcription from Records of the Earldom of Orkney, published in 1914, p194-195 with an argument by editor Joseph Storer Clouston against the date written on the document.
XCIII - DISPOSITION, MAGNUS ANDREW QUHITQUOY’S SON* AND JONAT MAGNUS CUTHAMY’S
DAUGHTER** to John Mason, burgess of Kirkwall, of a half penny land in
Wasbister in the parish of Holm.
Be it kend till
all men be this present writ, vs Mawnus Andro Quitquiysson and Jonat Mawnus
Cuthamys dochtyr, witht consent of our vmbythisman, witht hand and handband
till haue sauld analiit [sic] a half penny land lyand in Wasbuster in the
parochan of Hom, till a discrete man, Jhon Masoun, burgess of Kirkwau, for the
sowme of fyve cronis of vsuale mone of Skotland and twa ky, gevin till vs be
the said John in our gret necessite, the first penny and the last witht all
thar betuix; of the quhilk we, the said Mawnus and Jonat, quytelamis the said
Jhon, his aris, executoris, and assignais, the said half pennyland, witht
rothe, rycht, fredomis, asyamentis, and profittis quhatsumeuer; to be haldin
fra ws the saidis Mawnus and Jonat, our aris, executoris, and assignais, for
euer, withoute reuocatioun or ganecall of vs or ony of ouris; with the houss of
Wasbustyr. In witnes of the quhilk thyng, we the saidis Mawnus and Joat havand
na selis of our awne, has procurit with instance the selis of two worthe men,
Schir Jhon Synclar and Jhon Peyrson to be hungin to this present wryt befor
this witnes, Mawnus Flete, Fene Skatht [Scarth], James Pase, and Jhon Bolloke,
with otheris diuerse, at Kirkwau, the xvi day of Februare, the yere of God a
thousand four hundreth [auchty] and twa yeris.
Notes by
transcriber J Storer Clouston
"The actual date in the deed itself is
“four hundreth and twa yeris”; but this is clearly wrong for these reasons: It is improbable that an
Orkney charter would be written in Scots at that date (although it is
possible). The names of John Mason,
Sir John Sinclair, John Pierson, and magnus Flett are all found about 1480, and
it would be too remarkable a coincidence if a group of duplicate personages
(representative men, as all these early witnesses were) existed eighty years
previously in Kirkwall. A comparison with the
proceeding deed (no. xcii) will show that it is practically word for word the
same. No. xcii is dated 1481, and though it is only a duplicate it is a
certified copy, and the names in it establish the date as correct."
*i.e. Magnus the son of Andrew of
Quhitquoy.
**i.e. Janet the daughter of Magnus of
Cuthamy. Cuthamy can hardly be other than Quoythome in Paplay (none included in
the parish of Holm).
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An attempt at a modern English translation by Dusty:-
Be it known to all men by this present writ (legal document), us Magnus, son of Andrew of Quhitquoy (or Whitequoy) and Janet, Magnus Cuthamy's daughter, with consent of our agent (or representative), with the joining of hands to make a bargain to transfer a half penny land lying in Wasbuster in the parish of Holm, to a trusted man, John Mason, burgess of Kirkwall for the sum of 5 crowns of usual money of Scotland and two cattle, given to us by John in our great necessity. The first penny and the last with all that in between, which we, the said Magnus and Janet give up title to the said John, his heirs, executors. and assignees, the said half pennyland, without rothe*, right, freedoms, easement and profits whatsoever; to be held from us the said Magnus and Janet, our heirs, executors, and assignees to the said John Mason, his heirs, executors and assignees, forever, without revocation of us or any of ours; with the house of Wasbuster. In witness of that thing, we the said Magnus and Janet having no seals of our own, have procured with instance the seals of two worthy men, Sir John Sinclair and John Peyrson to be hung to this present writ before these witnesses, Magnus Flett, Fene Scarth, James Peace and John Bolloke, with others diverse, at Kirkwall, the 16th day of February, the year of God one thousand four hundred and two years.
*rothe: the unchallengeable title to ownership of land enjoyed under the udal system.
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