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                  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.

                  Example: to find the term “roup” select section “R” then sub-section “Ro”

                  A B C D E F G H I J K L M N O P Q R S T U V W Y

                  Teind Court

                  also known as the Court of Teinds, this was a component of the Court of Session dealing with teinds (Scottish tithes). The Teind Court arose after the Reformation, when a great deal of the property of the medieval church fell into the hands of laymen meaning that the ministers of the reformed church received insufficient financial provision. In 1617 a committee of Parliament called the Commissioners of Teinds was appointed to settle suitable stipends for ministers and after 1707 its powers passed to the judges of the Court of Session who formed the Teind Court, with power to decide on such matters as the valuation and sales of teinds, the augmentation of stipends and the building of new churches, which had the advantage that the authority of the Court of Session could be annexed to their decisions. See also parsonage teinds.

                  teinds

                  the tenth part of the annual produce of a unit of land, which was payable to the Church, though ‘vicarage teinds’, the lesser teinds due from a parish and paid in kind, were due not by law, but by custom (known as tithes in England). See also Teind Court

                  temporalities

                  the land and other properties belonging to the Church, except glebes, manses and teinds (which were spiritualities)

                  tenant

                  one who holds lands (generally for a fixed term) by tack.

                  tenant-in-chief

                  a landowner in the feudal system who held his estates directly from the crown.

                  tenement

                  in legal terms, a landholding, usually (but not always) a piece of land which is built upon. A more modern, architectural meaning of ‘tenement’ is a type of domestic building, divided into separate dwellings (flats), each of which is separately rented or owned. This type of building became very common in industrial towns of Scotland in the late nineteenth century.

                  terce

                  a widow’s legal entitlement to a liferent of one-third of her husband’s heritable property; her entitlement in respect of his moveable property being the jus relictae.   If a special, alternative provision had been made for her in her marriage contract (the jointure), she would, after 1681, have lost her right to a terce, unless it had been specified in the contract that she should have that as well.

                  terms

                  when rents and feu-duties fell due to be paid, usually half at Pentecost or Whitsunday, and half at Martinmas (11 November)

                  testament

                  a written deed appointing an executor to administer a person’s moveable property after his death.  If this is done by the person making the testament during his life-time, it is called a testament testamentar, if the person died without making a testament a court would appoint the executor, and the deed by which this was done was a testament dative. Testaments did not necessarily include a will. Until 1868 wills and testaments had no bearing on the disposal or administration of any heritable property the deceased might have had, and for that reason people with heritable property generally set up a trust disposition and settlement. For more detail see the Knowledge Base entry on Wills and Testaments

                  testament-dative

                  a written deed appointing an executor-dative, i.e. an executor appointed by the Commissary Court.

                  testament-testamentar

                  a written deed appointing an executor-nominate, i.e. an executor nominated by the deceased through a will or other testamentary writing.

                  tether

                  halter or tie for animals.