precept
simply a written order, usually by a court, to a representative to do something; for example a precept of clare constat, precept of sasine.
Your Scottish Archives Glossary
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.
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precept furth of chancery
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.
precept of sasine
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.
premonition
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)
Presbytery
Church court, superior to the kirk session.
prescription
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.
presentibus
a Latin term meaning present in court
preservation
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.