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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

                  wadset

                  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.

                  waired

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

                  wakening, summons of

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

                  wapenschaw

                  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.

                  ward-holding

                  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.

                  ward, wardship

                  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).

                  warrandice

                  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.

                  watch and ward

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