a written deed which transferred land to another a security for, or in satisfaction of, a debt due to him by the granter of the deed, with a reserved power to the granter (called the reverser) to redeem his lands from the lender of the money (called the wadsetter) when his debt was repaid or his obligation fulfilled.  It was the usual dodge adopted by those who needed to borrow money at the time when the Church was very much against the idea of lending money at interest, and it came in two types.  The ‘proper wadset’ allowed the wadsetter (lender) to enjoy the yearly profits of the land as his interest until his money was repaid and the lands redeemed, and if these were lower than the accepted rate of interest, it was just too bad; on the other hand, he might end up in profit.  The ‘improper wadset’ cut out this element of risk to the lender; if the profits of the land for the year were less than the interest due, he could recover the deficit from the debtor, but if they came to more than the interest he was bound to account for this surplus to the debtor and make it good, usually by reducing what the debtor would have to repay by that amount.  See also redeemable rights, reversion.

given or expended; the usual phrase is when someone agreed to ‘wair [a certain sum of money] upon land’

the means of reviving a legal action which had lain dormant for a year and a day.

a ‘show of weapons’; the periodic muster of the able-bodied men of an  area (in theory, twice a year), to prove that they had suitable arms and were (reasonably) competent in their use.

one of the four conditions, or tenures, in Scots law on which lands could be granted by charter, this was the original condition; in this case, the return which had to be made to the superior for the grant was the performance of military service.

a feudal casualty due to a superior on the death of a feuar.  This one was payable when the feuar’s heir was a minor, and was due from the time of the feuar’s death until his heir reached 21, when he could legally succeed to the property. (Such a minor heir would then have to pay his relief when he was entered by his superior and also the casualty of marriage when he got married).

an undertaking, usually in the form of a ‘clause of warrandice ‘in a grant, whereby the person making the grant promised to maintain and support the grantee in the property or right granted him, against all challenges made to his right or impediments concerning it which might arise after the grant was made.  ‘Real warrandice’ was an undertaking that if the grantee were to lose his right to what had been granted, then the granter would grant him something else of equal value.

the return made to their superior by those holding property in burghs.

collecting, preserving and providing access to web content.

the compensation due to be paid to the friends or family of someone who had been killed, by the killer; also known as cro (see also assythement)

in the Church calendar, Whitsun or Pentecost was the seventh Sunday after Easter, but as a term day was fixed in 1693 as 15 May; one of the term days (with Martinmas) when contracts, leases and tacks began and ended and rents fell due; and one of the quarter days (with Martinmas, Lammas and Candlemas) when bills were settled.

A will (also known as a latter will) is a document drawn up by someone stating what they want done with their possessions after death.  Until 1868, wills could only determine what happened to the deid’s pairt, that is moveable property after the legal rights of a surviving spouse and children had been met.  In Scots law this was separate from the appointment of an executor (see testament) but in practice if someone left a will, they often used the same document to appoint an executor. See Knowledge Base on Wills and Testaments for more information. 

a legal document or writing.

were originally clerks who prepared letters under the king’s signet seal.  However, when the signet came into widespread use as the means of sealing all summonses to the king’s court and all diligences issued by it, they increased in number and, as writers to the signet, not only prepared all summonses and diligences, but acted as agents or attorneys in presenting cases in the Court of Session.