Vellum Instrument of Sasine Related to Anne, Duchess of Hamilton (1723)

[Scanned Images Contents]

I cannot guarantee I’ve not made a couple of wee errors but this transcription is definitely the best I can do over the course of 7 hours with much of the rechecking of words throughout. The author’s Vs look like Bs but I’ve typed them out as Vs after deciding copying it as Bs would be too annoying to make for a comfortable read. “Umqll” is “Umquhile” or “Deceased.” “Rexive” is old Scots shorthand for “Respective,” and is used a LOT. This is an example of one of his Ts – – which might give you an idea of what this was like to decipher. I’ve reproduced the manuscript line by line in order to make it the more readable. There’s this too – – which I feel can only be the “Th” of “Theirfore our will…” but I’m not willing to assume letters when they look nothing like what I feel might fit. I also know this document to be dated 1723 but if – – can be made to read “seventeen” I’d love to know how. Any [?]s throughout is literally where I can’t decipher the word given.

Higher Resolution Version

In the name of God Amen Be it known to all men by this present publick Instrument of Sasine That upon the Eight day of October [?] and twinty three years, and reign of our 

Soveraign Lord King George the Tenth year. In presence of me nottar publick and witnesses subscribing Compeared personally upon the ground of the Lands underwrytin Ane discreit man 

George Steill of Trows eldest lawfull son to the deceast Robert Steill portioner of Woodhead, Togither also with ane other discreit man Samuell Draffan tennent in Trows Ballie in that part specially 

constitut by the precept of Clareconstat after insert. And there the said George Steill of Haveing & Holding in his Hands Ane precept of Clareconstat. Made and Granted To and in his favours 

By Anne Dutchess of Hamilton &c.: Immediat lawfull Superior of the Lands and others underwrytin, ffor Infefting him as nearest and lawfull heir to the said Robert Steill his father 

In All and Haill the Eight shilling land of Ffoullfoord. All and Haill the Just and equall half of the ffive shilling Land of Brigholine, All and Haill the Merk land of the Dominicall 

Lands of Lesmahagow Called Trows. And All and Haill the Just and equall half of the Merk land of Woodhead, and haill pertinents therof, with the Teinds personage and viccarage of the  

saids haill rexive lands Which precept of Clareconstat the said George Steill presented and delivered to the said Samuell Draffan Ballie in that part forsaid. Desireing & Requireing  

him to execute the office of Balliarie incumbent to and committed to him therby Which Desire the said Ballie thought reasonable And therfor accepted of and Received the said precept of  

Clareconstat And delivered the same to me nottar publick subscribeing to [?] over and publish to him and the witnesses all standing about, (which accordingly I did) And of the which  

precept of Clareconstat the tenor ffollows. Anne Dutchess of Hamilton & Charstlerault. Marquess of Clydesdale, Countess of Arran, Lanerk and Cambridge, Lady of Aven, Polemont, Machan: 

shyre and Innerdale. Immediat lawfull Superior of the Lands and others underwrytin To Samuell Draffan tennent in Trows ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ our Ballies in that 

part [?] and [?] specially constitut Greeting fforasmuchas by authentick evidents Instruments and documents shown and produced before us It doth evidently appear That the deceast 

Robert Steill portioner of Woodhead father of George Steill bearer hereof, Dyed last best Infeft and seased as of [?] Att the faith and peace of King James the seventh of Blissed memory 

In All and Haill the Eight shilling Land of old extent of Ffoullfoord with houses biggings yeards Orchyeards, woods, fishings, mosses muirs meadows Commonties, pasturages, parts pendicles and 

pertinents therof whatsomever As also In All and Haill the Just and equall half of the ffive shilling Land of Brigholine As also In All and Haill the Merk Land of the Dominicall 

Lands of Lesmahagow Called Trows, with Houses biggings, yeards, orchyeards, woods fishings, mosses, muirs, meadows, Commonties, pasturages, parts pendicles and pertinents therof whatsomever 

as the same was sometime possest by James Steill there As also In All and Haill the Just and equall half of the Merk land of Woodhead, with the severall houses biggings, yeards,  

and pertinents of the same As they were sometime possest by Robert Steill and James [?]. Togither with the equall half of the haill moss muirs priveledges commonties and haill 

pertinents therof whatsomever. With the Teinds personage and viccarage of the saids haill rexive lands. All lyeing within our Barrony of Lesmahagow, Regality of Hamilton and 

Sherriffdome of Lanerk, And that the said George Steill is eldest son, nearest and lawfull heir to the said umqll Robert Steill his father In the Lands and others abovespecified with 

the pertinents, And that he is of lawfull age, And that the samen Lands and Tiends therof, Doth Hold Immediatly of us the said Anne Dutchess of Hamilton our heirs and successors As Immediat 

lawfull Superiors therof in ffew ferme and Heretage forever, ffor the yearly payment to be made to us and our forsaids, of the ffew dutys and others aftermentioned, viz ffor the said Eight shilling

Land of Ffoullfoord and half of the ffive shilling Land of Brigholine and personage teinds therof, the sum of Ten pound sixteen shilling two pennies scots mony Att two fermes in the year Whitsonday and 

Martinmas by equall portions In name of ffew ferm And of the sum of ffour pound for the viccarage tiends of the saids Lands yearly Att Martinmas, And for the said Thertine shilling four pennie Land 

of the Dominicall Lands of Lesmahagow called the Trows, and for the personage and viccarage tiends therof, the sum of Twinty six pound scots mony yearly Att the fermes abovespecified. And for the  

half of the said Thertine shilling four pennie Land of Woodhead the sum of Eight shilling six pennies monyforsaid , Att the fermes abovespecified, With Two pound nyne shilling eight pennies mony for the  

Teinds therof Att the said ferme of Martinmas yearly, And the heirs of the said George Steill doubleing to us the forsaid yearly ffew duty the ffirst year of their entry to the saids Lands and Teinds as 

use is of ffew ferm, And Compearing att our three Head courts of our Dukedome and Regality of Hamilton To be Holden by us or our Ballies yearly in our name Att our Borugh of Hamilton, And  

att all our other courts, when lawfull warned and required for that effect, And the said George and his tennents and possessors of the saids Lands. Being always sucken to our miln of Lesmagahow 

and paying yearly the accustomed multures used and wont, and doeing due service to the said miln and damb also used and wont, as is more particularly mentioned and contained in the 

ancient Rights and securitys of the saids Lands. [?]eirfore our will is that in continent these presents seen Ye pass and without delay Give heretable state and 

Sasine As als reall actuall and corporall possession of All and Haill the forsaid Eight shilling Land of old extent of Ffoullfoord, And of All and Haill the Just and equall half of the ffive shilling  

Land of Brigholine, And of All and Haill the Merk land of Trows, And of All and Haill the Just and equall half of the Merk land of Woodhead, with the haill houses biggings yeards, orchyeards 

woods fishing, moss muirs meadows Commonties pasturages parts pendicles and pertinents therof whatsomever Lyeing and possest as said is, (with the Teinds personage and viccarage of the saids 

Lands included) To the said George Steill as oldest son, nearest and lawfull heir to the said umqll Robert Steill his father, or to his certain acturny in his name bearer hereof By deliverance 

to them of earth and stone of and upon the Ground of the saids rexive lands, and of ane handfull of Grass or growing corn for the Teinds therof After the forme and tenor of these presents in all 

poynts, And this on no ways ye leave undone, The which to doe We committ to you our full power and commission, Saveing & Reserveing to us the ffew dutys and others due furth of the  

saids rexive lands preceeding this our present entry, and the Rights and priveledges of our said Regality in so farr as may be extended therto, and every mans right as accords of the Law 

In witness wherof (wrytin by Thomas Edgar servant to James Broun wryter in Hamilton) We have subscribed these presents and caused Append our seall therto. Att our pallace of Hamilton 

upon this Twelfth day of November One thousand Seven Hundered and ffourtein years Before these witnesses Mr David Crauford our secretary, John Porterfield and Charles Alston our servants 

and the said Thomas Edgar (sic subscribitur) Hamilton Da: Crauford witnes J Porterfield witnes. T Edgar witnes After the Reading and publishing of the 

which precept of Clareconstat The said Samuell Draffan Ballie in that part forsaid By vertue therof, and of his office of Balliarie committed to him therby, Gave and delivered heretable 

State and Sasine, as als actuall reall and corporall possession off All and Haill the forsaid Eight shilling Land of old extent of Ffoullfoord All and Haill the Just and equall half  

of the ffive shilling Land of Brigholine, All and Haill the Merk Land of Trows. And of All and Haill the Just and equall half of the Merk Land of Woodhead, with the haill 

houses, biggings yeards, Orchyeards, woods, fishings, moss, muirs, meadows, commonties, pasturages, parts, pendicles of the saids rexive Lands whatsomever, With the teinds 

personage and viccarage of the saids rexive Lands, All Lyeing and possest as said is, To the said George Steill, as eldest son nearest and lawfull heir to the said umqll Robert Steill his father 

By deliverance to him of earth and stone of and upon the ground of the saids rexive Lands, and of ane handfull of grass for the Teinds therof After the forme and tenor of the said precept of 

Clareconstat in all poynts. Wherupon and upon all and sundry the premisses the said George Steill asked and took Instruments one or [?] in the hands of me nottar publick subscribeing 

These things were done Att and upon the ground of the saids rexive Lands, rexive of successive after others, Betwixt the hours of Eleven and Twelve in the forenoon of the said day 

moneth year of God and kings reign rexive abovewrytin. In presence of John Marshell shoemaker in Hamilton and John Gilkerson lawfull son to John Gilkerson shoemaker there 

Witnesses to the premisses specially called and Required 

[Latin text – I’m not comfortable enough with 

the language to decipher the handwriting.]  

John Marshall witnes 

John Gilkerson witnes 

Vincit veritas 

J : C : N : P

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