The Orkney Archive Palaeography Group have recently transcribed this beautiful document which is a disposition written for Magnus Baikie transferring ownership of a property in Kirkwall to his son Thomas in the event of his death, which if you read to the end, is sadly quite imminent.
Reading through it you might think it is just a boring old legal document with lots of jargon and repetition.
BUT
these types of documents can sometime be very interesting and throw up some interesting names, occupations and relationships that help us to know who was who in Orkney around the time it was written.
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| D14/5/1 Disposition 1660 |
In this document we have names such as Magnus Baikie and his son, Thomas. From other research we know that Magnus had an older brother, James, who was 78 in 1668, so we think Magnus would have been mid-seventies in 1660. He is described as skipper and burgess. Skipper means he was captain of a ship, burgess means he was able to trade in the burgh of Kirkwall. Magnus' brother John is also mentioned towards the end of the document as a witness.
Other names shown are Patrick Watterstoun, minister in Orphir, his deceased father Michael and Patrick's wife Barbara Henrysone. Thomas Moncrieff and William Hayr, minister. William Mudy of Breckness, Sir John Buchanan of Scotscraig [in Fife], his brother Thomas Buchanan of Sound [in Shapinsay] and Thomas's son George Buchanan of Sound. David Moncrieff another skipper and his brother Harry. David Anderson was the notary public who wrote the document on behalf of Magnus Baikie.
The most fun name for us in this document is John Skarlett, skipper in Kirkwall and tenant of Magnus Baikie. As before we know that skipper can also mean captain, which in our modern minds turns him into Captain Scarlet. Who knew? Captain Scarlet came from Orkney.
Looking into it more logically, Scarlett IS a surname that is associated with northern Scotland. But it did make us chuckle.
SCARLETT
"Lambertus Sclarlet de Anandia [Annan] gifted six pennies annually from the toft of Roger Pacok in the same town in the thirteenth century (Register, Priory of St Bees, p354).
Nicoll (or Richard) Scarlett had a charter from Robert I of the lands of Forgund, Inchmertein, and Velathis (or Velachis) forfeited by John Balliol (RMS., I, App.II, 478).
From the fourteenth century to the sixteenth century a family named Scarlat or Scarlet held lands in Caithness. Thomas Scarlet held the lands of Westyrclithe and Nethirgreneland there in 1377 (RMS., I, 666).
Patrick Skarlet was tacksman of Negarth in Evy, Orkney 1492 (REO., p411).
John Scarlet was servitor of Alexander Keith, captain of the Castle of Akirgill, Caithness, 1547 (OPS., II, p779).
Caution was found for James Skarlott in Blackruthven in 1589 (RPC., iv, p350)
Marion Scarlet in Watten is in record in Caithness, 1664 (Caithness) "
Surnames of Scotland by George F Black, The New York Public Library, 1946
P711-712
TRANSCRIPTION
D14/5/1
[Title: ]
Disposition be Magnus Baikie in favoure of Thomas
Baikie his sone of ane tenement of land or ludging contaning the dwelling
house, and of ane ruynous tenement next adjacent yrto[thereto] lyand in the Midtoun
of Kirkwall 1660
In another land: 1660 Tenement at Bridge Kirkwall
[Document: ]
Be
it kend till all men be thir[these] present lres[letters]
Me Magnus Baikie skipper burges of Kirkwall heritable proprietar of ye[the]
tenements of land and others rexive[respective] underwrittin being for the
present infirme in body bot praised be to god prefyke[perfect] in mynd and
memorie, and knowing nothing more certane then death and nothing more uncertane
then ye[the] hour and place therof and being most willing to satle my wordly estate
in my owne tyme in the persone of Thomas Baikie my only lawfull sone and to
secure him yrintill[thereuntil] in my lyftyme by making and granting of thir[these]
p[rese]nts, Therefore witt ꝣe me to have
sauld annalied and disponned lykas I be ye[the] tennor herof sell annalie and
simplr[contraction of simplicitor?] dispone from me and my aires to and in
favours of ye[the] said thomas Baikie my sone his aires and assigneyis qtsoevir[whatsoever]
heretably, and irredimably unto my maner of reversion redemption band promise
or condition of reversion redemption or regres qtsoevir
All
and haill that my tenement of land or ludgeing with
houses bigings closses yairdes taill and pertinents therof sometime pertaning
heretably to the deceassed Mr Patrick Watterstoun minister at Orphar after the
deceasse of umqle Michael Waterstoun his father lyand in ye[the] Midtoun of Kirkwall
in Orknay abone St Olais bridge their sometyme possest be umqle Thomas Moncreiff
and william hayr Minister and whilk was sold and dispouned by ye[the] said
umqle Mr Patrik Waterstoun w[i]t[h] consent of umqle Barbara henrysone his
spouse to me my aires and assigneyis heretably and irredimably in manor speit[specified]
in ye[the] lres[letters] of disposition chartor and instrument of saising
following thereupon contaning tuo duelling houses on the foir gate under ane
ruiff with the office houses yrof on the back part of ye[the] samen betwixt and
the yaird of ye[the] said tenement and whilk is p[rese]ntly possest be me and
john skarlett skipper in kirkwall my tenent respectively Bonded and having the
tenement and land sometyme pertaning to umqle william mudy of breknes thereafter
to umqle sir john Buchanan of scottscraig knyt[knight], thereafter to umqle
thomas Buchanan of sound his brother, and now To Mr George Buchanan of sound
sone to ye[the] said umqle thomas On ye[the] south, the lands of papdaill. On
the east the heigh streat of Kirkwall stryt[1]
and to St Olaisbridge on the west, the
said umqle Mr Patrik his other tenement possest be umqle Magnus guid couper and
John Auchinleck wright in Kirkwall, And the tenement of umqle William Sklatter
lyand waist and the closse entring yrto[thereto] on ye[the] north parts
And
siclyk[such like] all and haill that tenement of land and houses now ruynous with ye[the] yairds and pertiments
yrof sometime pertaning to Nicoll Sklaitter as air to umqle Patrick Sklaitter
indueller in Kirkwall His father and was sold and disponed be ye[the] said
Nicoll to me Conforme to his rights and securities granted to me of ye[the]
same lyand in ye[the] Midtoun of Kirkwall Bonded and having ye[the] lands and
tenement abovewritten sometyme pertaning to ye[the] said umqle Mr Patrik Watersone
and now to me On ye[the] east, south and west parkes[2]
and the common passage of ye[the] said burgh of Kirkwall entering to ye[the]
said tenement on the north parts yrof[thereof] Within the Maineland and
sherifdome of orknay
And For the said Thomas Baikie my
sone and his forsaids greater and bettir security I bind and oblige me and my
aires to duly and sufficiently infeft[3]
and saise be charter of alienation titulo oneroso[4]
w[i]t[h] precept and instrument of saising to follow thereupon the said Thomas Baike
my sone his aires and assignyes forsaids heretably and irredimably as said is
In all and haill ye[the] said tenement and ludgeing houses bigings back and
fore under and abone w[i]t[h] ye[the] cloissis yairds parts pendicles and pertinents
yrof[thereof] abovewritten
As als in all and haill the said tenement of land
and houses now ruynous w[it]h ye[the] yaird and pertinents of ye[the] samen Both lyand and
bounded in maner abovespe[cif]it And that be tuo several infeftments Ane yrof[thereof]
to be holdin of me and my aires in frie
blensche ferme[5]
and heretage for evir for payment of ane penny scots upon ye[the] ground of ye[the]
saids tenements rexive[6]
abovewritten at ye[the] feast of witsonday yearly in name of blensche ferme if
it beis asked allanerly[7] And
the other of the saids infeftments to be holdin of my laufull superior yrof[thereof]
as freely as I or my precessor held or holds ye[the] samen ourselves either be resignation or confirmation as best
sall[shall] please the said Thomas or his forsaids, Lykas I bind and oblige me my aires assigneyis and
successors q[uha]tsoevir To warrand all and haill the said tenement or ludging
As als ye[the] said ruynous
tenement respectively abovewritten with houses bigings yairds parts pendicles
and pertinents yrof[thereof] forsaids lyand possessed and bounded as is abovementioned To be free and saife to
ye[the] said Thomas baikie my sone his aires and assigneyis abovespe[cif]it
heretably and irredimably as said is from all perrells dangers and
inconvenients q[uha]tsoevir bygaine present & to come from my owne propper
fact and deed allanerly as accords of ye[the] law, That is to say that I have
not made neither yet sall[shall]
mak any uther disposition or right to ye[the] premissis to ony other persone or
persones q[uha]tsoevir in hurt and prejudice herof in ony sort, And bind and
oblige me and my forsaids To reiterat and renew thir[these] p[rese]nts to the
said Thomas Baikie my sone & his
forsaids toties quoties[8] as I
sall[shall] be requyred yrto[thereto] keeping ye[the] effect and substance
abovewrittin ay and whylk they find themselves sufficiently secured anent ye[the] premisses And for ye[the]
more securitie I am content and consent that yir[these] presentis be insert and
regrat[9] in ye[the]
buikes of ye[the] court of justice sheriffe or commissers buikes of orknay To
have ye[the] strenth of ane decreet
of ony of ye[the] judges yrof[thereof] That lres[letters] and executorialls of
horning upon ane simple chirge of six dayes only and others necessar be direct herupon And to that effect constituts
My pro[curato]rs promising to ratifie
& in witnes qrof[whereof] (writtin be David Andersone notar publick) and
because I am unable of body by reason
of my weaknes and siknes to subscrive myself the said David as notar hes
sub[scrivi]t yir[these] p[rese]ntis at my command At Kirkwall ye[the]
eight day of march jmvic[10][1600]
and thriescor yeeres befor yir[these] witnessis James Baikie of Tankernes David
Moncreif skipper in Kirkwall Hary Moncrief his brother Patrick Traill skipper
yr[there] and John Baikie merchand in Kirkwall brother to me ye[the] said Magnus Baikie abovedesigned wt[with]
my hand tutching ye[the] pen of ye[the] notar undersubscriving at my command
becaus I am unable for ye[the] tyme to wrat[write] in regard of my extream
sicknes and weaknes of body the lord of his mercy now calling upon me out of this world to himself and yrfor[therefore]
have given command to ye[the] said notar to subscrive ye[the] premissis for me
So it is David Anderson notar publict
at command of ye[the] said Magnus Baikie who
is unable to writ himself inregard of his extream siknes and weaknes of body
Have yrfor[therefore] sub[scrivi]t thir[these] p[rese]ntis for him witnessing
my signe and sub’er[unknown contraction] mannall[12]
Moncrieff
witnes
Pa[trick] Traill witnes
Hearie
Moncrieff witness
[1] a narrow passageway https://dsl.ac.uk/entry/dost/strait_adj
definition 3
[2] could also be ‘partie’ or ‘partis’
[3] Infeft - To invest (a person) with heritable property. https://dsl.ac.uk/entry/dost/infeft
[4] titulo oneroso – Latin meaning: burdensome title https://translate.google.com/?sl=la&tl=en&text=titulo%20oneroso%20&op=translate
[5] blensche ferme - A small or nominal quit-rent or duty paid in
money or otherwise https://dsl.ac.uk/entry/dost/blancheferme
[6] rexive – abbreviated form of respective https://dsl.ac.uk/entry/dost/rexive
[7] allanerly – literally means alonely. In DSL singly https://dsl.ac.uk/entry/dost/allanerly
[8] As often as necessary https://dsl.ac.uk/entry/dost/toties_quoties
[9] regrat – abbreviated form of ‘registration’ or ‘registered’ https://dsl.ac.uk/entry/dost/regratt
[10] can also be read as ‘jajvic’ the ‘aj’ was written instead of the
roman letter ‘m’ meaning 1000.
[12] by hand, see https://dsl.ac.uk/entry/dost/manuale_adj
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