|An instrument of sasine (SAY-zeen) is a Scottish legal record of a transfer of land or rights to land. Spelling, capitalization, and (lack of) punctuation are preserved here as in the originals. Abbreviations and symbols have been expanded, and obvious slips of the pen silently corrected. Indecipherable words and uncertain abbreviations are indicated by dashes. I would welcome any corrections to my transcriptions, translations, or explanations.|
TranslationIn God's name Amen. By this present public instrument be it clearly known and made manifest to all men that upon the sixth true day of November, in the year of the incarnation of the Lord 1643, and the nineteenth year of the reign of Our Sovereign Lord Charles, by the grace of God King of Great Britain, France, and Ireland and defender of the faith, In the presence of me, notary public, and the witnesses named below, compeared personally a discreet man, Patrick Stewart, brother of Thomas Stewart of Ryland, specially constituted bailie on behalf of Walter Stewart in Ryland, also his brother, for his precept of sasine, described below, to the ground and soil of the below-written lands etc., And at the same time also compeared Mr Arthur Mitchell, lawful son of Mr Thomas Mitchell, minister of Turriff, as attorney and in the name of Isobell Mitchell, his sister and the future spouse of the said Walter Stewart, and established his power as attorney sufficiently and clearly to me, notary public underwritten, Having and holding in his hands a charter made, given, and granted by the said Walter Stewart in Ryland, with the special consent and assent of the said Thomas Stewart of Ryland, his brother and immediate superior in the lands described below, to the said Isobell Mitchell in liverent for all the days of her life, and in fee to the children legitimately procreated between her and the said Walter, or there being none, reverting again to the said Walter, his heirs, and assigns whatsoever, Of all and whole the touns and lands of Muiryhill and Herod Hill together with the [glebariis] of Moss of Muriehill, the [maneries loco do---ibus], buildings, gardens, tofts, crofts, outseats, inseats, parts, pendicles, and pertiments thereof whatsoever, accordingly as the dependencies are possessed and occupied by the tenants, [hegrasmen], and possessors thereof, lying within the the parish of Alvah and the sheriffdom of Banff, which lands are in fact [impignoratae] to the said Walter by the said Thomas Stewart his brother, with consent of Marjorie Gordonne his wife, in return for 3000 pounds money of this kingdom of Scotland. Other clauses are also contained in the said charter. The said Mr. Thomas Mitchell, as attorney and [eo nomine quo supra dicto Ballivo in hac parte] indeed presented this charter, containing the precept of sasine, and delivered the same [requiren--- pro debita executione eiusdem sibi fienda], Whereby indeed the bailie ([annuens?] his request) accepted the said charter in his hands and handed the same over to me, notary public underwritten, to be read through, made public, and interpreted in common language to the [astantibus] witnesses. The tenor of which precept of sasine, contained in the said charter, follows and is as follows: I greet you, my most beloved, my brother Patrick Stewart and my truly, jointly, and severally specially constituted bailies in this behalf whomsoever, and with the consent of the aforesaid, I firmly commit [q---tus visis p---ntibus indilatae] estate, sasine, liverent, and real, actual, and corporal possession of all and whole the abovewritten touns and lands of Muiryhill and Herod Hill together with the [glebariis] of Moss of Muiryhill, the [maneries loco do---ibus], buildings, gardens, tofts, crofts, outseats, inseats, parts, pendicles, and pertinents thereof lying as above to the before-named Isobell Mitchell or really her attorney [p---ntium latori] by handing over and delivering of earth and stone of the ground of the said lands [re---] in his hands as is customary according to the form and tenor of the foresaid matrimonial contract and [sub reversione] that the said lands are redeemable by the said Thomas Stewart [eiusque prescriptorum] by payment or consignment of the foresaid sum of three thousand pounds of money aforesaid [modo et forma in dicto contractu Impignorationis et alienationis earundem ac in] . . .
In dei nomine Amen Per hoc presens publicum Instrumentum cunctis pateat evidenter et sit notum quod anno incarnationis domini Millesimo sexcentesimo quadragesimo tertio mensis vero Novembris die sexto regnique Summi Domini Nostri Caroli dei gratia magnae Britanniae franciae et hyberniae Regis fideique defensoris anno decimo nono In mei notarii publici et testium subscriptorum praesentia personaliter Discretus vir Patricius Stewart frater germanus Thomae Stewart de Ryland ballivus in hac parte Valteri Stewart in Ryland eius etiam fratris germani per eius sasine preceptum subinsertum specialiter constitutus ad solum et fundum terrarum aliorumque subscriptorum accessit Et ibidem etiam comparuit Magister Arthurus Mitchell filius legitimus magistri Thomae Mitchell rectoris de turreff tanquam actornatus et eo nomine Isobellae Mitchell eius sororis ac futurae conjugis dicti Valteri Stewart et de cuius potestate actornatori a mihi [notario omitted] publico subscribenti satis lucide constabat Habens et tenens suis in manibus quandam cartam factam datam et concessam per prefatum Valterum Stewart in Ryland cum speciali consensu et assensu dicti Thomae Stewart de ryland sui fratris ac Immediati superioris terrarum inframentionarum prefatae Isobellae Mitchell in conjuncta infeudatione et vitali redditu pro omnibus suae vitae diebus et heredibus inter ipsam et dictum Valterum legitime procreandis quibus deficientibus prefato Waltero heredibus suis et assignatis quibusviscunque iterum revertentie De totis et integris villis et terris de Muriehill et Herodhill Una cum glebariis he moss de muriehill maneries loco do---ibus edificiis hortis toftis croftis outseatis inseatis partibus pendiculis et pertimentibus earundem quibusviscunque prout dependenti per tenentes hegrasmen et possessores earundem possidentur et occupantur iacentis infra parochiam de Avache et vicecomitatum de Banff quae quidem terrae sunt impignoratae dicto Valtero per prefatum Thomam Stewart eius fratrem cum consensu Marioriae gordonne eius conjugis Sub reversione trium millium librarum monetae huius regni Scotiae prout in dicta Carta ---ius continetur Quamquidem cartam preceptum sasine in se continentem prefatus Magister Thomas mitchell tanquam actornatus et eo nomine quo supra dicto Ballivo in hac parte presentavit et deliberavit ipsum requiren--- pro debita executione eiusdem sibi fienda Qui vero Ballivus (eius rogatui a---ens) dictam cartam in manibus suis accepit eandemque mihi notario publico subscribendi perlegendam publicandam et testibus astantibus in vulgari sermone interpretandam tradidit cuius precepti sasinae in dicta carta contenti tenor sequitur et est talis Insuperdilectis meis patricio Stewart meo fratri germano et verum cuilibet conjunctum et divisum ballivis meis in hac parte specialiter constitutis Salutem Vobis precipio et cum consensu predictorum firmiter mando q---tus visis p---ntibus indilatae statum sasinam vitalis redditus pariter et possessionem corporalem actualem et realem totarum et integrarum predictarum villarum et terrarum de muriehill et herodhill Una cum glebariis hae moss de muriehill maneries loco do---ibus edificiis hortis toftis croftis outseatis inseatis partibus pendiculis et pertinentiis earundem prescriptorum iacentium ut supra prenominatae Isobellae mitchell vel eius certo actornato p---ntium latori per terrae et lapidis fundi dictarum terrarum re--- in manibus suis ut moris est traditionem et deliberationem secundum formam et tenorem predicti Contractus matrimonialis ac sub reversione quod dictae terrae sunt redimabiles per dictum Thomam Stewart eiusque prescriptorum per solutionem aut consignationem predictae summae trium millium librarum monetae prescriptae modo et forma in dicto contractu Impignorationis et alienationis earundem ac in [remainder not copied]
(National Archives of Scotland reference RS16/9, pp. 206v-209r)
(thanks to Helen and Emily Gretton for the first draft of this transcription)
In the name off God amen, By this publict Instreument to all and sundrie be it made manifest and knoven that upon the elevint day off Maij the year of god ane thousand sex hundreth thrie score yeares In presence off me nottar publict under subscreyveing and witnesses aftermentioned compeered personallie George throup servitor to Walter Sanders burges of Cullen procurator and attornay in name and behalf of the said Walter Sanders (whose procuratorie was clearly knoven to me nottar publict and witnesses undersubscreyveing) Haveing and holding in his handes ane dispositione of the daitt the tent day of the said moneth of Maij containeing ane precept of Seaseing in the end thairoff that saiseing might follow thairon made granted and subscryvit be allexander Schand of overboigtoune and Marjorie Sanders his Spouse with unanimous consent and assent to the said Walter Sanders his aires and assignis for the soume of fywe hundreth merkes money usuall of this kingdome payable be the said Alexander Schand and Marjorie Sanders his spouse his aires or assignis within the duelling hous off Allexander Ritchie ane of the ballzies of banff upon the elevint day of November next Jmvic thrie scoir yeires mentioned and contained in the said dispositione off and upon all and haill the toune and landes of overboigtoune presentlie occupied and possest be them with the dry multoures and teynd sh-- thereof houses bigginges yeardes toftes croftes and pertinentes of the samen lyand within the barr-- of the thayndome of boyne parochen of fordyce shirefdome of banff as the said dispositione of daitt foresaid containeing diverse & sundrie --- in it selfe beares Quilk dispositione contain[ing] ane precept of seaseing as said is the said George [Throup] procurator and attorney forsaid in name of the said W[alter] Sanders upon the ground of the said lands of overbo[igtoune] exhibit & presented the samen to georg Steuart in Craigherbes ballzie nominat constitute and ins-- in the said precept of seaseing intreating & des[iring] him conforme to the tenor thereoff to give hereta[ble] staite and saiseinge reall actuall & corporall possession to the said Walter Sanders or to his attornayes [in] his name Off all & haill the said toune & landes of overbogtoune with the dry multures and teinds-- thereof lyand as said is Quilk dispositione conteining precept of seaseing as said is the said georg Steua[rt] ballzie in that pairt accepted and receaved and in spectione thereof delyvered the samen to me notar --- undersubscryveing to be publictlie read quilk I receaved [&] with ane high & audible voyce read the samen in presence of the witnesses underwritten then present Off the --- precept of seaseing the tenor followes --ur to the effect the said Walter Sanders may be infeft seased in the saids landes of overboigtoun & wther forsaides with the pertinentes wee the saides Marj[orie] Shand and Walter Sanders my spouse both with vin-- consent & assent be thir presentes makes constitut[es] and ordaines georg steuart in craigherbes & ilk ane of them conjunctlie and severallie our laufull baill[zie] in that pairt giveand grantand and committand for our full and free vocable powar to past-- ground of the saides landes of overboigtoune with the pertinentes & there to give and delyver staite and seasinge actuall reall and corporall possessione of the said toune and landes of overboigtoune with houses bigginges yairds toftes croftes and pertinentes of the samen lyand as said is Be delyverance of earth and stone as use is to the said Walter Sanderes or to his procuratores or attornayes in his name presentares heiroff and infeft & sease the said Walter Sanderes in the saides landes and others forsaid with this speciall provisione pactione & conditione, that the payment of the soume of fyve hundreth merkes money abovevreetten at the day above specified shall make this present dispositione & infeftment to followe hereon to be void null and extinct as yiff the samen hade never been made granted nor subscreyved and to make no faith at no tyme after the payment thairoff The quilk to doe wee the saides Allexander Schand and Marjorie Sanderes my spous grants full power and commissione to our ballzies in that part above nominat conjunctlie & severallie as said is Lastlie wee saids Allexander Schand & Marjorie Sanders my spouse bindes & obleidges us & our forsaides to iterat & renew thir presentes & to extend all securities necessr thereupon ay and quill the said Walter Sanders be secuired anent the premisses Followes the registratione and thairefter in this manner In witness whereoff (wreetten be Patrick Steuart toune clerk of Banff) wee have subscribed thir presentes at banff the tent day of Maij Jmvic thriescoir yeires before thir witnesses Harie denistoune burges of --- Allexander Ritchie burges off Banff georg troup servitor to the said Walter Sanders and Johne gairner servitor to the said harie denistoune Subscrived thus Allexander Schand, --- of the said Marjorie Sanderis who cannot wreitt he[r name] as shee doeth affirme I Robert Sharp nottar pub[lick] subscrive the premisses witnessing the same be my su-- manuall RSharp nottar I Patrik Steuart com-- publict in the premisses as witnes my signe & su-- manual PSteuart nottar Hen: denistoune witn[es] Ritchie witnes Johne gerner witnes Efter the --- of the said dispositione and precept of seasein[g] therein contained abovevritten the said George Steuart ballzie above nominat gave heretable staite & seasinge actuall reall & corporall possessione of the said --- & landes of overbogtoune with the pertinentes abovementionat To the said george throup attor[nay] in name of the said Walter Sanders Be delyvery of earth & stone of the ground of the saids landes of overboigtoune to the said georg troup pers-- who accepted of the said seasinge and the said b-- infeft vested and seased the said Walter Sanders in the saides landes in the persone of the said george troup and left him in peaceable possessione thereof Non opponeing in the contr-- Upon the quilkes all and sundrie the premisses --- said georg troup asked and took intrumentes --- or moe in the handes of me nottar publict undersubscreyveing These thinges wer acted & done [upon] the ground of the saides landes of overboigtoune betwixt ten and ellevin houres in the forenoon or thairby Before allexander gellie and William Tayleour in overboigtoune harie reburne in Craigherbes and Walter Cullen in banff witnes[ses] present and heirto requyred and desyred Subscreyved thus, And I Patrik Steuart nottar publict receaved and admitted conforme to the act off Parliament becaus I with the abovenamed ballz[ie] in that pairt and witnesses forsaid was personallie present whill as all and sundrie the premises war spoken acted and done in manner above exprest and did sie hear and know the samen to be sua spoken acted and done and took ane notte thereoff Thairfor I have extendit this this present publict Instreument thereupon (faithfullie wreetten with my awen hand) and have subscreyved the samen with my signe name and surnam and subscreiptione and accustomed in the lyk caises in fayth and testimonie of the wholl premises I being required and desyred thairto as witness my signe and subscreiptione manuall PSteuart nottar.
(National Archives of Scotland reference RH3/310, pp. 195v-197r)
(thanks to Helen and Emily Gretton for the first draft of this transcription)
Be it kend to all men bee thire presents me Robert Sanders now in Auchyndachie sonne lawfull to mr Wm Sanders minister att Bellie as haveing right by dispositione from Walter Sanders bailzie of Cullen my brothr of the contract of wedsett of the lands of Clunemoir after specified daited at Bamff the fourteinth day of Merch Jmvic and sixtie seven yeires And be disposition also thereof from my foresaid fathr of the daitt the Twentieth day off August Jmvic and sixtie nyn yeires grant me to have renounced and be the tenour herof fra me my aires and executores Renounces quitclaimes owergiwes simpliciter and freelie discharges all and sundrie whatsoever title entreis right clame off right petitor or possessione which I have hes haid or anie wayes could ewer pretend ask or clame off the lands of Clunemoir houses biggings yeardes pairts pendicles & universall pertinents off belonging thairto lyand with in the parochine of Mortlich lordship off Balvenie and shirreffdome off Bamff sometyme impignorat and wedsett to my foresaid father conforme to the Contract of vedsett thereof past betwixt the deceast Robert Innes off Balveny and my said father of the daitt att Balvenie the Tuantie fourth day of September Jmvic & tuanty sevin yeires for the soume of Tuo thousand merks And thereafter be condescendence and agreement made betwixt James Suthrland of Kinminnity and my forsaid father of date at Elgin the Tuantie eight day of Merch Jmvic and Threttie seven yeires Then heritable proprietor of the said lands as eik to the foresaid wedsett The said James Suthrland did receive from my foresaid father the soume of Seven hundreth and foretie merkes of the which haill soume contained in the first Contract and of the haill soumes contained in that said eike of wedset thereto both principall and failzies I grant the recept and therefor for me my aires executores executioners quytclames and simpliciter discharges The said James Suthrland his aires executores assins and successors whatsomewer of the forsaid --- and eike forsaid and off all that I can aske clame or crawe thereby with full renounceation off the forsaid lands of Clunemoir as forsaid In fawores off the said James Sutherland and his foresaids be thir presents for now and ewer To --- --- --- and possesst --- at his pleasur in all tyme comeing And --- I grant me satisfyed of ane decreet off Suspensione [raist?] against the said James Suthrland att the Instance off the said mr William Sanders my father for the forsaid soume of Tuo Thousand Seven hundred and Fourtie merkes and thairfor discharges the said James Sutherland and his forsaids of the same decreit of Suspensione which is of the date at Edinburgh The Tuantie ane day off Julij Jmvic and fourtie nyne yeires and of all that hes followed thereupon both decreets letters of horneing Inhibitiones arrestments captiones iff anie bee and wthr letters and executiones thairanent whatsomewer And speciallie of ane band off ane Thousand pounds off failzie granted to my father bee the said James Sutherland and letters of horneing thereupon Whilke renounceation and grant of redemptione and discharge abovewrittene I bind and obleidge me and my forsaids to warrand acquyte and defend good --- and sufficient the said James Sutherland and his forsaids at all hands and against all mortall as law will and if thir presents be not sufficient to the effect --- --- In caice of anie Informality I bind and obleidge me and my foresaids To reiterat the samen ay and while it be found sufficient be the sight of men of law & judgement And for the said James Sutherland his better assurance heiroff I have Instantlie with thir presents deleyvered to him The forsaid first contract of wedsett with the said eik of wedsett and decreit of Suspensione off their saverall daitts abowe specified with the dispositione granted thereupon to me be my forsaid father with the Instrument of Saiseing followeing thereupon haill in them selves to bee --ed used and --ed upon att his pleasur in all tyme comeing Which haill --- --- securities and wthers forsaid shall bee forthcomeand to the said Robert Sanders as law will --- his tickett of recept for restitutione thereoff And for the mair securitie I am content and consents that this presents bee Inserted and registrat in the bookes off Counsell and Sessione or anie wther bookes competent within this Kingdome thereto remayne for conservatione till future memorie and iff beis that letteres off horneing and all other execution may pas thereupon on ane single charge of Ten dayes and constitutes [blank] my lawfull procuratores In vitnes whereoff thir presents (writtene be Robert Imlach sone lawefull to Johne Imlach nottar publick) are subscribed with my hand at Keith the Tuantie third day of Maij Jmvic and sevnitie yeires Befor witnesses Johne Imlach nottar publick forsaid James Suthrland his --rvitor and Robert Imlach vreitter forsaid. Subscribed --us Sanders : John Imlach witnes Robert Imlach wreitter witnes James Sutherland witnes.
(National Archives of Scotland reference B7/2/5, pp. 118v-120r)
ExplanationBetween eight and nine o'clock in the morning on September 29, 1710, Robert Sanders, son of Robert Sanders, lawyer in Edinburgh, appeared as procurator for his late grandfather Robert Sanders, provost of Banff, in the presence of Alexander Leslie, notary public and town clerk of Banff, and of the witnesses named below.
Robert had with him a marriage contract dated October 20, 1671, between his grandfather, called in the contract Robert Alexander, burgess of Banff, and Jean Stuart, eldest daughter of the late Walter Stuart, portioner of Bogtoune. All the following had consented to this contract: Robert's father Walter Alexander, bailie of Cullen, Jean's mother Isobell Mitchell, Jean's brother George Stuart and sister Marjorie Stuart, and Jean's uncle Mr. Arthur Mitchell.
By the contract and for the dowry promised in it, Robert Alexander gave to Jean Stuart for her lifetime, and afterwards to their children, the annual sum of 3,000 merks to which he was entitled as rent for the lands of Stonieley and Knockneyes, in Alvah parish. He also made Jean, during her lifetime, and afterwards their children, his heirs to his rights in those lands.
The contract provided further that, in case Robert's rights to Stonieley and Knockneyes were lost during Jean's lifetime, he gave the following lands as security for the 3,000 merks per year:
- Collisons Croft, in the burgh of Banff, and the tenements, houses, and yards adjacent to it on the east known as Burrows Bigged Land, bounded on the south by Chalmers Croft and the tenements to its east; on the west by Gallows Hill; on the north by the lands that formerly belonged to the late John Urquhart, provost of Banff, and by the tenements and yard that formerly belonged to Robert's father Walter Alexander; and on the east by the king's highway;
- Little Corrall Holl Croft, bounded on the east by the highway that goes from Banff to the sandy hills; on the south by Mickle Corrall Holl, which belonged to the heirs of the late William Shand; on the west by Gallows Hill; and on the north by Tynots Croft, which belonged to Walter Stuart, burgess of Banff;
- Chalmers Croft, bounded on the north by Collisons Croft; on the east by the tenement and yard belonging to the heirs of Gilbert Mair, burgess of Banff; on the west by Gallows Hill; and on the south by the tenement and croft belonging to George, Lord Banff; and
- Margaret Duns Rigg, on the barley side of Banff, then occupied by Beatrix Frazer, bounded on the north and south by the the lands belonging to the late John Gordone, burgess of Banff; and on the east and west by the two highways that go from Banff to the Sandy Hills and the owerrack.
Robert Sanders, fulfilling his duty as procurator, stood on the ground of Burrows Bigged Land, Collisons Croft, Little Corrall Holl Croft, Chalmers Croft, and Margaret Duns Rigg, and relinquished them to Robert Stuart, bailie of Banff -- representing the provost and bailies of Banff, the immediate feudal superiors under the Queen -- in favor of a new heritable possession of them, for security as described above, by Jean Stuart and her children. The lands were to be held of the provost, bailies, and council of Banff as immediate feudal superiors under the Queen and her successors, for payment of the customary duties and services to the burgh.
Robert Stuart then delivered the lands to Jean Stuart by placing in her hands earth and stone from the ground of the tenement and the four crofts and a penny to represent the rent.
All this was witnessed by Alexander Forbes of Breddockmill, David Sanders apothecary and burgess of Banff, Alexander Leslie's son-in-law Peter Cock, and Alexander Leslie's servants James Smith and Alexander Hacket.
In the name of God Amen by this present publick instrument of seasing be it clearlie knowen and made manifest to all men That upon the twentie ninth day of September Jmvijc and ten yeares and of our Sovereign Ladys reigne Ann by the Grace of God Queen of great Brittain France and Ireland defender of the faith the eight year in presence of me Notary publick Towne clerk off Banff and witnesss undersubscriving compeared personally Robert Sanders son lawfull to Robert Sanders writer in Edinburgh upon the Ground of the crofts of Land houses and others after mentioned as procurator for and in name and behalfe of Robert Sanders late provest of Banff his Good sir haveing and holding in his hands ane contract of marriage daited the twentieth day of October Jmvic and seventie one years aggreed and matrimoniall contracted betwixt the said Robert Sanders designed in the said contract Robert Alexander Burges of Banff with consent of Walter Alexander Baillzie of Cullen his father on the ane part and Jean Stuart oldest lawfull daughter to the deceast Walter Stuart some time portioner of the Bogtoune with consent of Isobell Mitchell her mother George Stuart and Marjorie Stuart her brother and sister Germane and Mr Arthur Mitchell her Uncle one the one Jeans part thereby and for the dote and tocher good therein promitted the said Robert Sanders band and oblidged him his heirs and successors to duelie walidlie sufficiently and effectuallie Infeft vest and sease the said Jean Stuart his then future spouse dureing all the dayes of her life time and the children to have been goten betwixt them in ffie In all and haill the soume of three thousand merks money which he had in wedset upon the lands of Stonielyes and Knockneyes with the pertinents lying within the parochin of Alvoch and shirrefdome off Banff made and constitute her the said Jean Stuart for liverent use and after her decease the children to have been procreat of the marriadge his undoubted cessioners and assigneys In and to his rights and securities of the saids lands off Stonisley and Knockneys with the pertinents and soume of three thousand merks money when the samen should hapen to be uplifted and thereafter secured one land and and farder it was thereby provided that if it should hapen the saids lands of Stonieley and Knockneyes with the pertinents to be evicted from the said Robert Alexander and Jean Stuart dureing her life time in corroboratione and warrandice of the said Jean Stuart her liverent right thereof the said Robert Alexander band and oblidged him and his forsaids to infeft vest and sease the said Jean Stuart in liverent and the children procreat of the marriage in fie for yearlie payment to her of the annualrent of three thousand merks in all and haill that craft of land lying within the liberties of the burgh of Banff called Colliesons craft with the tenements houses and yeards adjacent thereto on the east end thereof haveing the lands called Chalmers craft and the tenements on the east thereof at the South the Gallowhill at the west the lands sometime pertaining to the deceast John Urquhart provest of Banff and tenements and yeard sometime pertaining to the said Walter Alexander at the north and the Kings high way at the east And in all and haill ane other craft of land called the Correll holl craft haveing the high way that goes from the said burgh to the sandie hills at the east the lands called the meikle Corrall holl pertaining to the aires of the deceast William Shand at the South the Gallow hill at the West and the lands called Tynots croft pertaining to Walter Stuart burges of the said Burgh at the north all and Haill that craft of land called chalmers craft and Haveing the saids lands called Colliesons craft at the north the Tenement and yeard pertaining to the heirs of Gilbert Mair Burges off Banff at the east the Gallowhill at the west and the tenement and craft of land to George Lord Banff at the south parts thereof and in all and haill that rig of land in the bear side of Banff then occupeyed be Beatrix Frazer haveing the lands pertaining to the Deceast John Gordone Burges of the said Burgh at the north and South the two high wayes that goes from the said Burgh to the Sandie hills and owerrack at the east and west parts thereoff all lying within the libertyes and territories of the burgh off Banff parochin thereof and shirrefdome of the samen Containing absolute procuratorie of Resignatione and seall other Clauses beares and there the said Robert Sanders for fulfilling of his office of procurator speciall in the said procuratorie of Resignatione contained in the said contract matrimoniall past to the personall presence of Robert Stuart ane of the present Ballies of the burgh of Banff upon the ground of the said tenement of land and upon the ground of the saids crafts off land called Collisons craft Corrall holl craft Chalmers craft and Rig of land in the bear side called Margaret Duns rigg rexive and successive in warrandice of the saids lands of Stonieley and Knockneys and there with all humility and reverence requisite as becomes Resigned surrendred purlie and simpley be staff and bastanne as use is in the like caices upgave overgave and delivered in the Hands of the said Robert Stuart Ballzie forsaid as in the hands of the provest and Ballzies of the said Burgh immediat lawfull superiors thereof under our Sovereign Lady the Queens majestys bountie all and haill the forsaid crafts of land called Colliesons craft and tenement of Burrows bigged land on the east end thereof The said craft of land called little corrall hole craft the craft of land called Chalmers craft and the croft of land called Margrat Duns rigg in the bear side of Banff parts pendicles and pertinents thereof with free Ishew and entrie thereto be all the righteous meiths and merches of the samen knowen ther to appertaine lying bounded meithed and merched in manner abovewrittene In favours and for new heritable infeftment staite saising real actual and Corporall possessione of the samen to be made given and granted to the said Jean Stuart in liverent and the aires of the said marriadge abovewrittene in fie In warrandice and securitie to them of the yearlie annualrent of the said principall soume of three thousand merks money principall on the lands off Stonieley and Knockneyes Incaice of evictione of the samen in manner mentioned in the said matrimoniall contract of the daite forsaid To be holden of the provest Ballzies and Councel of the said Burgh of Banff immediate lawfull superiors thereof under our Sovereign Lady the Queens majestys bountie and her highness successors in free Burgage for payment of the Burgage dutys used and wont and haill services within Burgh accustomed to be payed for the samen conforme to the tenor of the said contract matrimoniall clause of warrandice in caice of evictione of the saids lands of Stonieleys and Knockneyes and payment of the said yearlie annualrent of three thousand merks money principall procuratorie of resignatione and clause of absolute warrandice and resignatione made in manner above writtene in all points which resignatione being swa made and performed in manner above writtene in favours of the said Jean Stuart in liverent for securitie of the said yearlie annualrent of the said principall soume of three thousand merks money principall and the aires of the marriage in fie and accepted be the said Robert Stuart Ballie forsaid He immediatlie thereafter gave and delivered and sollidlie granted liverent staite and saising as also real actual and corporall possession of the said tenement of Burrow bigged land on the east end of the said croft of land called Colliesons croft and of the said croft of land called little corrall hole craft craft of land called Chalmers croft and rigg of land called Margaret Duns rigg to the said Jean Stuart in liverent and the aires of the marriage forsaid in fie in warrandice and securitie of the yearlie annualrent of the said principall soume of three thousand merks on the lands of Stonieley and Knockneyes In caice of evictione thereof be delivering to the said Jean Stuart she accepting in her hands of earth and stone of the ground of the said tenement and four crafts of land called Colliesons craft Corrall hole croft Chalmers croft and croft or rigg of land in the bear side called Margrat Duns rigg and of ane penny money for the said annualrent Rexive and Successive and infeft and seased the said Jean Stuart in liverent and the Bairns of the marriage in fie therintill for warrandice and securitie of annualrent of the said soume of three thousand merks money principall yearlie in caice of evictione of the saids lands of Stonieley and Knockneys none opponing in the contrar tooe be holden in manner forsaid whereon the said Jean Stuart asked and took instruments in the hands of me Notar publick Towne clerk of Banff undersubscriving, ---hir
[signed] Alex Leslie
Things were thus acted and done upon the ground of the said tenement of land and four crofts of land forsaid rexive and successive betwixt the hours of eight and nine aclock of the morning of the said day moneth year of God and Sovereign Ladyes reign forsaid in presence off Alexander Forbes of Breddockmill and David Sanders Apothecarie Burges of Banff Peter Cock my sone and James Smith and Alexander Hacket my servants witnesses speciallie called required and present at the premisss.
|(A complete extract of the surnames ALEXANDER, MITCHELL, SANDERS, and WINCHESTER in the index Secretary's and Particular Registers of Sasines of Banffshire: 1600-1609 and 1617-1780, LDS microfilm 896591. The index does not necessarily name everyone mentioned in the sasines themselves. Note that Banff burgh sasines are not included.)|
|16 Aug 1604||Christian GREGOR, spouse of William SAUNDERS||2||173|
|5 Oct 1627||William SAUNDERS, minister at Bellie||2||413|
|5 [15?] Oct 1627||Margaret DUFF, spouse of William SAUNDERS, minister at Bellie||2||416|
|22 Dec 1631||Marjory MITCHELL, spouse of Robert CALDER in Medderclunybeg||3||166|
|20 Nov 1633||Violet HENDERSONE, spouse of William SAUNDERS, minister at Bellie||3||303|
|28 Jun 1639||Marjorie SAUNDERS, spouse of Alexander SCHAND in Dallachie||4||324|
|22 Mar 1643||Violet HENDERSONE, spouse of William SAUNDERS, minister at Bellie||5||109|
|20 Nov 1643||Isobell MITCHELL, spouse of Walter STEWART in Ryland, afterwards in (Muriehill)||5||159|
|28 Jun 1651||Isobell MITCHELL, spouse of Walter STEWART||6||149|
|28 Jun 1655||Alexander WINCHESTER, burgess of Banff||7||137|
|18 Jun 1658||Alexander WINCHESTER, burgess of Banff||8||188|
|1 Sep 1658||Helen MITCHELL, daughter of John MITCHELL in Greendykes, and spouse of Andrew HENDERSONE, portioner of Knock||9||34|
|12 May 1660||Walter SAUNDERS, burgess of Cullen; also Marjorie SAUNDERS, spouse of Alexander SCHAND of Over Boigtoune||9||207|
|28 Aug 1661||Alexander WINCHESTER, burgess of Banff||1||23|
|28 Aug 1661||Alexander WINCHESTER, burgess of Banff||1||25|
|27 Nov 1661||Alexander WINCHESTER, burgess of Banff||1||41|
|31 Dec 1661||Alexander WINCHESTER, burgess of Banff; also Walter SAUNDERS, burgess of Cullen||1||47|
|10 Mar 1663||Robert SAUNDERS, son of Walter SAUNDERS, bailie of Cullen; also Alexander WINCHESTER, burgess of Banff||1||141|
|10 Mar 1663||Robert SAUNDERS, son of Walter SAUNDERS, bailie of Cullen; also Alexander WINCHESTER, burgess of Banff||1||143|
|1 Dec 1663||Robert SAUNDERS, grandson of Alexander WINCHESTER, burgess of Banff||1||209|
|1 Dec 1663||Robert SAUNDERS, grandson of Alexander WINCHESTER, burgess of Banff||1||211|
|10 Sep 1664||Marjorie SAUNDERS, spouse of Alexander SCHAND, in Boigtoune||1||294|
|29 Dec 1664||Walter SAUNDERS, bailie of Cullen||1||316|
|26 Jul 1668||George MITCHELL, son of John MITCHELL in Greendykes||2(1)||88|
|24 Aug 1669||Robert SAUNDERS in Achyndachie; also William SAUNDERS, minister at Bellie||2(1)||134|
|20 Apr 1670||Robert SAUNDERS in Achyndachie||2(1)||182|
|8 Jun 1670||Robert SAUNDERS in Achyndachie; also Walter SAUNDERS, bailie of Cullen; also William SAUNDERS, minister at Bellie||2(1)||195|
|26 Aug 1670||Robert ALEXANDER, burgess of Banff||2(1)||202|
|30 Oct 1671||Jean STEWART, daughter of Walter STEWART, portioner of Boigtoune, and spouse of Robert ALEXANDER, burgess of Banff; also Walter ALEXANDER, bailie of Cullen; also Arthur MITCHELL, Jean STEWART's uncle; also Isobell MITCHELL, spouse of Walter STEWART||2(1)||266|
|1 Jan 1672||Janet GRANT, spouse of Robert SAUNDERS in Achyndachie||2(1)||275|
|21 May 1672||Isobell MITCHELL, daughter of John MITCHELL in Greendykes, and spouse of John RUDDOCH, son of Adam RUDDOCH, elder, portioner of Fortrie||2(1)||297|
|21 May 1672||Isobell MITCHELL, daughter of John MITCHELL in Greendykes, and spouse of John RUDDOCH, son of Adam RUDDOCH, elder, portioner of Fortrie||2(1)||299|
|25 Jun 1674||Elspeth DAVIDSONE, spouse of William MITCHELL, in Mutehillock||2(2)||134|
|8 Dec 1675||George MITCHELL, son of Walter MITCHELL in Greindyks of Park of Corncarne||3||42|
|8 Jun 1677||Elspeth SMITH, daughter of John SMITH at Boigesyde of Knock, and spouse of George MITCHELL, of Croylett||3||134|
|23 Feb 1678||George MITCHELL, of Croylett; also Walter MITCHELL of Crannoch (Cranno)||3||169|
|20 May 1678||Robert SAUNDERS, son of Walter SAUNDERS, bailie of Cullen; also Alexander WINCHESTER, bailie of Banff||3||180|
|31 Mar 1679||Robert SAUNDERS, bailie of Banff; also Walter SAUNDERS, bailie of Cullen||3||227|
|14 Dec 1680||Isobel INNES, spouse of Robert SAUNDERS, in Lourieburn||3||306|
|10 Sep 1684||Robert SAUNDERS, in Cullen, formerly in Achynachie||3||473|
|23 Jun [Jul?] 1687||Janet GRANT, spouse of Robert SAUNDERS, in Banff, formerly in Cullen||4||72|
|1 Nov 1690||Marie WEBSTER alias CRYSTIESONE, daughter of Robert WEBSTER alias CRYSTIESONE, in Maigie, and spouse of John MITCHELL, in Banff||4||153|
|28 Jan 1696||Isobell MITCHELL, spouse of John RUDDOCH of Fortrie||4||334|
|26 May 1696||James MITCHELL in Fochabers (Foghabas)||4||349|
|25 Aug 1696||Janet SAUNDERS, daughter of Robert SAUNDERS, bailie of Banff, and spouse of Alexander WILSONE of Littlefield||4||361|
|6 Apr 1697||Isobell MITCHELL, spouse of John RUDDOCH of Burnesyde||4||390|
|31 May 1697||James MITCHELL in Fochabers||4||402|
|27 Dec 1698||Walter MITCHELL of Crannoch, portioner||5||16|
|28 Feb 1699||Walter MITCHELL of Easter Crannoch||5||20|
|24 Apr 1699||George MITCHELL, of Easter Crannach, fiar; also Walter MITCHELL of Easter Crannoch||5||21|
|12 Dec 1699||James MITCHELL in Fochabers||5||62|
|12 Dec 1699||James MITCHELL in Fochabers||5||64|
|15 Jul 1706||Isobell M'KAVIE, spouse of James MITCHELL, in Fochabers||5||271|
|8 Aug 1710||Robert SAUNDERS, provost of Banff; also Alexander WINCHESTER, bailie of Banff||5||359|
|11 Feb 1712||Jean INNES, daughter of Robert INNES, writer, Edinburgh, and spouse of Robert SAUNDERS, also writer there||5||402|
|19 Dec 1720||Robert SAUNDERS, provost of Banff||6||270|
|1 Nov 1725||James MITCHELL of Achanasie||6||378|
|28 Jun 1729||James MITCHELL of Achanasie||6||443|
|23 Feb 1750||Isobell MITCHELL, daughter of James MITCHELL of Auchanacy, and spouse of Doctor Alexander GORDON of Keithmore, formerly of Balnacraig||7||322|
|22 Jul 1752||Robert SAUNDERS, of Clunie||7||385|
|30 Mar 1771||William SAUNDERS, in Down||8||164|
|22 Sep 1772||Walter MITCHELL of Crannoch||8||203|
|22 Sep 1772||Walter MITCHELL of Crannoch||8||216|
|12 Aug 1775||Isobell SIM, spouse of Andrew MITCHELL, baker, Portsoy||8||429|
|18 Oct 1780||Isobell MITCHELL, daughter of James MITCHELL of Auchanacy, and spouse of Doctor Alexander GORDON of Keithmore, formerly of Balnacraig; also Isobell M'GILIVERY, spouse of James MITCHELL; also Janet MITCHELL, daughter of John MITCHELL of Auchanacy, and relict of John HAMILTON in Sandston; also Penelope MITCHELL, daughter of James MITCHELL, and spouse of John ROSS of Allanbuy, and her administrators||9||131|
content last revised 26 Jan 2006