Chalmers Family Cork
Partial History of
Muiryhill
(Scottish Record Office reference
B7/2/5, pp. 118V-120R)
An instrument of Sasine is a legal record of a transfer of land
or rights to land. Spelling, capitalization, and (lack of) punctuation are
preserved here as in the originals. Indecipherable words and uncertain
abbreviations are indicated by dashes.
In 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 live rent 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
of the touns and lands of Muiryhill and Herod Hill together with the
[glebes] 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 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 above written 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] . . .
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