Did Captain Scarlet come from Orkney?

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. 

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

Great Letter o the Pudding Lane

Some of our Palaeography Group recently discovered a letter in the Walter Traill-Dennison Collection (Reference number D14) which was addressed to a man staying in a tavern in Pudding Lane in London. It was dated 1661, 5 years before the Great Fire of London which destroyed the whole area. 

Of course the Palaeography Group excitedly set out to transcribe it to see what it was all about and find out why Orkney captain Peter Winchester was there. 

Address on one side of the letter

However it has proved to be quite a difficult one to do, with the writer of the letter, Thomas Buchanan, using his own version of Secretary Script the common handwriting style of the day, his own abbreviations (which we have had to guess) and also using the letter "v" where we would use the letter "w". So words like "well", "what", "who", etc are "veil", "vhat" and "vho". You will see that there is no punctuation, so your guess is as good as ours where the sentences begin and end. But there are some funny bits...

So apologies for all the question marks for the words we were not sure of. If you have any suggestions of your own, do please let us know. 

Below is the Palaeography Group's transcription of the letter and below that and the image of the original letter is an English translation of our transcription, which shows that phrases like "al relations is veill" actually means "all relations are well". 

TRANSCRIPTION

 

[Address:]

For

Peitter Winchester

att Mr James Kinneirs

at the Kings Head Taverne

in Pudding Lane in Fish Street

London

F These

 

[Letter Text:]

Much respected                               Edin[burgh]: the 2: Ap[ri]ll: 1661:

This morning brought y[ou]r last to my handes dait 28 of the last vhereby* I

perceau* you are more nor greevet at such hard emountes you doo

meet vith pocks on the pack of them I clearly find you ane looser*

vhilk I have shown to Gairsay* and uthers if your first bargane had

stood good al had been veill  I wish you meet vith somevhat home =

vard to make up your losses outvard.

Know I re[ceived?] all your formes to me I think 3: tym[e]s sinc[e] my last to you

& had sent some of them home to arther & sall [----] for the rest

I delyvered yours to Mr Frait [Trail?] lykas to Gideon Muray I sall not omitt

your 3 last emptie cask to be sent home or to y[ou]r order for know that

Ja[mes] Trail & his merc[han]d Da[vid] Cragie were in hier 2 dayes sinc[e] v[i]t[h] contrair

vinds & storms from the coast of Noroway and all in a hazard

att spoiling & hating* lykas arth[u]r Cock v[i]t[h] Munt hooly vhen I have

sold some att 5:# [pounds] 12 sh[illings] & some att 5:# [pounds] 16 sh[illings] a bole they export

the bush* vas ready at Elwick vaiting a vind & now the esterne

vinds keep them in

Sir know as to your businesse I vas necessitat to use my power

& my [end?] vith [of?] Chanceller & after may als[o] obtined ane sus=

pention against them all v[hereu]pon my finding such ay and vhile

the signett be patent vhilk I have intimate & booked and

had extracted the act out of the books off L[e]ith? for our varrand

this is all to this purposse & al is veill

I have no more to add bot know all relations is veil in ork[ney?]

only Egilsha* his vyffe is dead the Lady Hoy also & I [tear in page]

Moodie is were heer & know that honest [Maurice?]* [fent?] has

your bill honestlie to me v[hil]k I have giwen Gairsay who took 50# [pounds]

bill on [hundreth/inn[te]rest?] & the rest heer in [muny?] as at meeting you war

heeroff comitting yow to the almightie I ewer rest and am

yours att Comand to serv[e] yow

Thomas Buchanan

 

* see notes below

1. The writer uses the letter v for the letter w

2. perceau = perceive

3. DSL has looser in under loser meaning one who has made a financial loss https://dsl.ac.uk/entry/dost/looser

4. hating = Orcadian for heating

5. The Bush was a ship

6. Gairsay, Eglisha (Egilsay) and Munt Hooly (Mount Hoolie) were people who were referred to by the property they owned. 

7. After we thought this said "honest Maurice", we could not think what else it could be. Could it really be "honest Maurice"??? 

ENGLISH TRANSLATION

[Address:]

For Peter Winchester  at Mr James Kinnier's  at the Kings Head Tavern in Pudding Lane in Fish Street

London

[signed] F [Lese/Cese/Hese?]

 

[Letter Text:]

Much respected                               Edinburgh the 2nd April 1661

This morning brought your last [letter] to my hands dated 28 of the last [month] whereby I perceive you are more nor grieved at such amounts you do meet with pocks on the pack of them I clearly find you a loser which I have shown to Gairsay and others if your first bargain had stood good all have been well I wish you meet with somewhat homeward to make up your losses outward.

Know I received all your forms to me I think 3 times since my last [letter] to you & had send some of them home to Arthur & shall [---?] for the rest I delivered yours to Mr Frait/Trail? like as to Gideon Murray I shall not omit your 3 last empty casks to be send home or to your order for know that James Trail & his merchant David Craigie were in here 2 days since with contrary winds & storms from the coast off Norway and all in a hazard at spoiling & heating like as Arthur Cock with Mount Hooly when I have sold some at £5 12 shillings & some at £5 16 shillings a boll they export The Bush was ready at Elwick waiting a wind & now the eastern winds keep them in.

Sir know as to your business it was necessary to use my power & my [---?] with [--?] Chancellor & after may also obtain a suspension against them all whereupon my finding such [--?] and while the signet be patent which I have intimated & booked and had extracted the act out of the books of Leith for our warrant this is all to this purpose & all is well I have no more to add but know all relations is well in Orkney only Egilsay’s wife is dead the Lady Hoy also & I [tear in page] Moodie were here & know that honest [Maurice?] has [sent?] your bill honestlie to me which I have given Gairsay who took £50 bill on one hundredth interest & the rest here in money as at meeting you were hereof committing you to the almighty I ever rest and am yours at command to serve you

Thomas Buchanan

Another interesting fact we discovered while researching the Pudding Lane area is that it is in the parish of St Magnus the Martyr in London. So we wondered whether it was a particular haunt of Orkney travellers. 

Document Reference: D14/8/9 Letter 2nd April 1661 TB to PW

********Update*******************

We've had a fascinating update to our Puddling Lane letter. The Parish Clerk from St Magnus the Martyr Church sent us this photo from 1979, with the Great Fire memorial in the background. 

He said, "The Kings Head Tavern was a well-known hostelry in St Magnus parish dating from the 15^th century, which was famous for its wine.  It was situated in Kings Head Court between Fish Street Hill (New Fish Street) and Pudding Lane.  An Elizabethan ballad mentions the “Kings Head in New Fish Street where roysters do range." The King's Head had an unrivalled position close to the northern edge of old London Bridge and to the stairs at Billingsgate and Old Swan either side of the bridge, where one would have caught a boat to go down or up river.

Kings Head Court (with red car) can be seen on the far left side of the photo below, taken from the east side of Pudding Lane in 1979 (with the Monument in the background). At that time the area was still mainly occupied by fish and fruit merchants, but the site was redeveloped again as offices following the closure of old Billingsgate Market in January 1982. Unfortunately Kings Head Court disappeared at that time."

Peninsular House, 112-116 Lower Thames Street, 1979 

Hobley's Heroes (City of London archaeology) website. 

hobleysheroes.co.uk

"The Kings Head Tavern was next door to the baker’s house in Pudding Lane where the Great Fire started, but was rebuilt after the fire and survived until shortly after 1900 (when the City Corporation widened the stretch of Lower Thames Street between Fish Street Hill and Botolph Lane and the area was redeveloped).  In Victorian directories the Kings Head is listed at 5 Kings Head Court or 12 Pudding Lane."

Love at a Social Distance

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.

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. 

D5/3/1/1 Image 1

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.”

[v] own

[vi] means

[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=

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[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

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[i] ressave = receive

[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

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[i] exerce = make use of

[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

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[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

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[i] Coil-heugh: A heugh or bank from which coal is dug; a coal-working or coal-pit. https://dsl.ac.uk/entry/dost/cole_heuch

[ii] Byrunes or Byrunnis: n. pl. Payment for past periods or terms; arrears. https://dsl.ac.uk/entry/dost/byrunnis

[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

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[i] I think this is “Surete” meaning safety https://dsl.ac.uk/entry/dost/surete

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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

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[i] tocher: Marriage portion, dowry paid by a bride's family, chiefly her father, to the groom or his family https://dsl.ac.uk/entry/dost/tocher_n

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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

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[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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[i] boit = boat https://dsl.ac.uk/entry/dost/bote_n_2

                                                                            

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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

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[i] George Smyth could be this man https://en.wikipedia.org/wiki/George_Smith_(died_1658)                                                    

And relax....