praecogitat
a Latin term meaning premeditated
The Your Scottish Archives Glossary defines archaic words and phrases, mostly Scots law terminology, commonly found in documents and records in Scotland’s archives. If you think a word or phrase should be added to the glossary, or an existing entry could be defined better, please contact us at your@scottisharchives.org.uk.
You can also use the Dictionary of the Scots Language as a further resource at https://dsl.ac.uk/ for Scots words and phrases (including legal terminology).
To find a term within the glossary, click on the initial letter of the word you are looking for, then select the relevant syllable segment displayed below.
Example: to find the term “roup” select section “R” then sub-section “Ro”
a Latin term meaning premeditated
simply a written order, usually by a court, to a representative to do something; for example a precept of clare constat, precept of sasine.
a deed in which the Crown as superior acknowledges that someone is heir to the land of the superior. It is similar in effect to a precept of clare constat, but is used where the crown was the superior.
an order by a superior to his baillie representing him, to give heritable possession of lands to a feuar, which could only be done by the ceremony of sasine. Originally these precepts were documents in their own right, but after 1672 they were incorporated in charters. The precept of clare constat would be used if sasine was to be given to an heir of a deceased feuar.
the start of the process whereby lands which had been pledged as security for the repayment of a debt could be redeemed by their original owner; it was the notice given to the person then holding the lands to turn up at a stated time and place to receive repayment of his money and to restore the lands to his former debtor (who was called the reverser)
Church court, superior to the kirk session.
a means whereby a right might be lost or acquired due to lapse of time; for example, long uninterrupted and unchallenged possession of property (usucaption) would confer a right to it, whereas if someone possessing a particular right did not exercise it for long enough, he might lose it.
a Latin term meaning present in court
actions taken to protect records from deterioration and damage, including maintaining optimal environmental conditions, providing appropriate storage facilities (shelving, acid-free boxes etc) and implementing good handling practice. See also digital preservation.
the privy or secret seal was originally used for royal orders or brieves, but later came to be used for such things as grants of moveable property and grants of minor offices; one of four royal seals: see also Privy Seal, Signet, Quarter Seal.
Latin phrase meaning ‘for [his] good service’, that is the reason for a grant of lands usually given in the narrative clause of a charter when the lands are to be held in wardholding, that is, for a return of military service.
a Latin phrase meaning ‘undivided’. Used in relation to property held by several people, whether jointly or in common.
all the documents (usually bundled together) which related to a particular court case, whether civil or criminal in nature.
someone authorised to act on behalf of someone else, most often in legal matters such as property transactions or civil cases.
the public prosecutor, authorised to act on behalf of the Crown; originally authorised to act in local courts on behalf of the local burgh or other authority.
the authority granted by a feuar to his representative (who is in this case called his procurator) to restore the lands held by the feuar to his superior, either to remain in the superior’s hands, or to be granted out again for example, by a charter of novodamus; this resignation was necessary if the feuar sold his lands to someone else, who would then have to have the lands re-granted by the superior to him to complete his title.
a form used to request materials be retrieved from storage for use, typically in a search room; may also be called a request slip or a call slip. Usually one copy is placed on the shelf where the record is retrieved from, to ensure that the record is returned to the correct location after use.
all the documents relating to rights in a piece of land and their transference from person to person; it is typically a bundle containing charters, precepts and instruments of sasine, tacks, wadsets, reversions and the like.
a Latin phrase meaning literally ‘with his (or her) own hand. (1) this phrase was used to confirm that the parties to a deed signed it themselves, although the bulk of the text would be written by a notary. In vernacular deeds the equivalent is ‘subscribed by my (or his or her) own hand’. (2) A Sasine Propriis manibus is a grant of land by the superior with no copy of a precept or deed related in the document.