1st July 1656
Sasine
Document 2
document 2c
Summary
This was a wide single page document on vellum, part of which was difficult to transcribe due to a hole on the lower right hand side. The document details a land transaction (sasine) on 1st of July 1656, between Sir James Melville of Halhill, a major landowner in Burntisland and Andrew (spelling Andro) Dewar, son of the late Thomas Dewar, Burgess of Burntisland (at that time spelled Bruntiland). It is very similar to the sasine dated the previous day concerning Thomas Dewar jnr, revealing that Thomas and Andrew are brothers. Link to the other 1656 transcription This sasine is for a different plot of land. Again, James Robertson of Newbigging was appointed as Baillie to oversee the proceedings. Andrew has been granted 2 acres of arable land of Nether Grange, on the east side of the highway between Craigkeanechie (now spelled Craigkennochie) and Dicks Hill (see transcription for full details.) Andrew was obliged to pay feu duty to Sir James and his heirs twice yearly on Whitsunday and Martinmas. Witnesses were David Boswell of Glassmount (written as Glasmonth), James Tyrie in Seamilns, Andro Smyth, Johne Stock, Robert Adamsone, and William Andersone, Burgess of Burntisland. David Miller acted as clerk to Magnus Aytoun, Notary Public, who signed the document.
Both of these sasines are a result of their late father Thomas Dewar lending Sir James Melvill money with his lands at Nethergrange as security. There are many similar examples dated around 1655 and 1656 in the National Archives of Scotland as the Melvilles had many creditors. Link to James Melville page
NB Punctuation has been added to translation to aid comprehension.
1656 outer cover
Document 2 left hand
Document (1 wide page)
1. Be it known to all men by this present public instrument that upon the first day of July sixteen hundred and fifty six years ____ In presence of me notary public and witnesses underwritten Councillor Baillie James Robertsone of New-
2. bigging, baillie in that part to Sir James Melvill of Halhill [Knight], by his precept[i] of saising underwritten specially constituted and [past] to the acres of land underwritten, having and holding in his hands a letter of disposition containing thereuntil the said precept of saising
3. under insert, made & granted by the said Sir james Melvill with consent of his creditors herein named. To and in favour of Andro Dewar, lawful son of the late Thomas Dewar burgess of Burntisland, his heirs and assignees whatsoever heritable and irredeemable. Of all and whole
4. the said northmost two acres or two fifths parts of the said five acres of arable land of the lands of Nethergrange with the teind sheaves[ii] thereof included & [constitutes] duties presently possessed by [Johne] [Gibb] lying within the Barony and parish of Burntisland and feifdom of Fife. Which whole five acres of
5. whereof the said two acres or two fifth parts disposed to the said Andro, are one part as said is. Lies together on the east side of the highway betwixt Craigkeanechie and Dicks Hill leading to the [meadow] and are bounded betwixt the [green ] & [east grange] [ ] the [ ] the acres pertaining to Mr [Rt] [R ] possessed
6. By Robert White on the south, the said highway on the west and the hill called dick hill on the north and parts having also a piece or parcel of arable land thereof [giving] [along] to the north side or back of the south of [eastgrange]. To be held [aforesaid] Sir James & his heirs in fewferme[iii] for payment
7. of two shillings Scots money at two terms in the year Whitsunday and Martinmass by equal portions in name of foresaid, for and in place of all casualities due to him as superior thereof during their holding the land of him [and] [rel…..ing] of HOLE IN DOCUMENT of the proportional feu duties payable for
8. The said lands conforming to the said disposition or to beholden from him of his immediate superior thereof in feuferme for payment of the proportional feu duties payable to his said superiors answerable to the said lands [ ] is [Nethergrange] HOLE IN DOCUMENT the dates at Burntisland Kirkcaldie [ ]
9. [and] [Leslie] [ ]. The twenty third and twenty fourth days of May, the sixth, ninth, twelfth, thirteenth and fourteenth days of June thereby of [1600] and fiftyfive. The twenty eighth day of January, the first and fourteenth of February and [ ] HOLE IN DOCUMENT of March and [seventeenth/thirteenth] twentyfourth of [August]
10. Eighth of June and first of July 1600 and fifty six years, at more length contained, which disposition containing therein the said [ ] sasine under infeft[iv]. The said baillie gave to me notary public underwritten, to be publically read and explained of the which precept the
11. tennor[v] follows All our [ ] said Sir james Melvill with consent of the above named persons By their presence constitutes James Robertsone of Newbigging My baillie[s] in that part whom I require to pass and give heritable state, and saising corporal actual & real possession.
12. All and whole the said two acres of land with the teind sheaves thereof included and pertinents lying and bounded as said is to the said Andro Dewar or his attorney bearer thereof [2 WORDS SCORED OUT] of deliverance of earth and stone of the ground thereof a handfull of corn as [verification] to be held
13. In the manner forsaid conforms to the above written disposition and this precept the which to do, I with consent foresaid commit to my baillies my full power, after public reading and explaining of the which disposition and precept underwritten. The said James Robertsone
14. Baillie in that part foresaid. By virtue thereof [ ] and heritable state & saising corporal actual and real possession of all and whole the two acres of land with the teind sheaves thereof included and pertinents lying & bounded as said is. To the said Andro Dewar by deliverance of earth
15. Stones of the ground thereof and of a handful of corn as [use is] in his own hands personally present receiving the same conforms to the said disposition and precept before writ in all points. To be [holdin] as said upon [ ] [ ] all & sundry the [premiss ], the said Andro
16. Dewar [asked] instruments in the hands of me notary public underwritten and their true word done upon the ground of the said acres at four hours afternoon or thereby day month and year [ ]specified before their witnesses David Boswell of Glasmonth
James Tyrie in seamilns
17. Andro Smyth, Johne Stock, Robert Adamsone, and William Andersone, Burgess of Burntisland, and David Miller my servitor[vi] called as required to the premis
18. I Magnus Aytoun notary public admitted by the lords of session, conform to the act of parliament and readmitted by the commissioners
19. For administration of justice to the people of Scotland. Being at all and sundry the premisses when they were so spoken acted and done
20. As said is, I was with the witnesses before named personally present. And all and sundry things above written so done as said, I heard saw
21. Know and took in note. And therefore this present public instrument written by David Miller my servitor I have thereupon
22. drawn up And with my name surname and sign used and [wont]] have signed and subscribed the same in corroboration and testimony
23. [therein] of the truth of all and sundry the premisses required
[i] Precept – order issued to the baillif for the holding of a court
[ii] Teind – or tithe – proportion of land that can be assessed for the stipend of the clergy or to the superior landlord. Often paid in kind with produce grown on the land eg sheaves of corn or other crop
[iii] Feuferme – the tenure of land or other property in feu
[iv] Infefting – giving symbolic possession of heritable property
[v] Tennor/tenor – meaning, substance or import of a legal document
[vi] Servitor – lawyer’s clerk
Document 2 right hand
