The Will of Colonel Stephen Bromfield Esquire of Hassington Mains, Scotland

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Hume by annexation and Sheriffdome of Berwick foresaid together with the Teinds parsonage and vicarage of the said whole lands, which lands called the west end of Hassington and the lands called Nether Maines are now known and designated by the name of Hassington Maines[4], And likewise

· All and Whole that half onstead[5] or half tenement[6] of land and houses with the Closs and Middenstead[7] together with free ish[8] and entry to the said Closs and all and sundry priviledges and righteous pertinents thereof, of old possessed by the deceased William Chatto Merchant in Kelso Grandfather of William Chatto Merchant in Kelso and afterwards by himself, bounded betwixt the other half onstead sometime possessed by Thomas Simpson and disponed by him to the deceased John Dickson and afterwards possessed by John Dickson his son and Marion Bromfield his mother with the tenement or onsett of old possessed by James Robertson and thereafter pertaining to Robert Stuart Flesher[9] on the East and South, the tenement or onsett of land or houses sometime belonging to the deceased Alexander and James Pringles thereafter to John Chatto Merchant and feuar[10] in Kelso and afterwards pertaining to and possessed by Thomas Chatto of

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· Mainhouse Baillie in Kelso his son on the North, and the High street above the Cunzienook of Kelso on the west parts, lying within the Bounds, Town and Territory of Kelso and Sheriffdome of Roxburgh, which half tenement was purchased by me from John and George Bruce, Brewers in Kelso and Trustees for the Creditors of Thomas Hutson sometime Innkeeper in Kelso, and Further,

· All and Whole that half onsett or Tenement of houses lying at the Cunzienook of Kelso which sometime belonged to Thomas Kerr, Cooper in Kelso comprehending that part formerly sold by the said Thomas Kerr to Archibald Johnstone, Merchant in Kelso which was afterwards acquired by George Elliot, Father of George Elliot late Merchant[11] and Bookseller in Kelso which half onsett or Tenement of houses the said George Elliot senior pulled down and built on the area where it stood a large stone tenement consisting of three flats or storeys with cellars under ground bounded as follows viz:

By the high street of Kelso on the south and west, the tenement sometime belonging to George Fairbairn, Merchant, thereafter to Thomas Hutson, Innkeeper on the North and tenement pertaining to James Purves thereafter

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to Thomas Wilson on the East parts, with the whole parts pendicles, priviledges and pertinents thereto belonging, all lying within the said Town of Kelso and Sheriffdome of Roxburgh, As also

· All and Whole a Dwelling house, and house called a Currier’s[12] shop at the Chalkheugh[13] with the yard adjoining thereto as lately possessed by William Kerr, Thomas Phaup, and Robert Smail bounded by the Chalkheugh on the north the high or common street on the East, part of a tenement which belonged to the said Robert Smail and the interest of John Jerdan on the south and the River Tweed on the west parts, being part of a tenement acquired by the said Robert Smail from James Bowden, Wright[14] & feuar in Kelso, and Also

· All and Whole a small Bit or piece of ground being part of that tenement at the Chalkheugh sometime pertaining to George Pringle and thereafter to the said George Elliot, which Bit or piece of ground is joined or inclosed with the subject last above mentioned to make the march straight to the River Tweed, all lying in the said Town of Kelso and Shire aforesaid, Which last mentioned half tenement, dwelling house and other subjects were purchased by me from Thomas Fair, Merchant

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· In Kelso as Trustee for the Creditors of the said George Elliot, Junior. Moreover,

· All and Whole that Easter half of a Back house which was sometime ruinous and was afterwards rebuilt into two dwelling houses which were formerly possessed by James Waugh, Flesher[15] and Andrew Robertson, Brewer in Kelso; and thereafter by Andrew Craig, Shoemaker and Francis Fairbairn, Carter[16] there with the yard at the back thereof, bounded by the house and yard before mentioned belonging to me on the west, by a Garden wall belonging to the heirs of John Jerdan, late Tanner and Baillie[17] of Kelso, and Tenement of houses formerly belonging to Robert Smail, feuar in Kelso now to Mary Smail wife of Andrew Robertson, Labourer in Kelso on the south and East, and by the road leading to the water of Tweed on the north parts, together with a middenstead measuring six feet by four, bounded by a stone wall formerly belonging to Andrew Whitelocke, Butcher in Kelso now to James Mein, Cabinetmaker in Kelso on the north by an interest of houses formerly belonging to the said Robert Smail now to the said James Mein on the East and by a piece of waste ground and

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· a road leading to the Tweed on the south and west parts, which easter half of the said house yard and middenstead formerly belonged to James Bowden and was among other subjects disponed by him and Mary (and?) his spouse to the said deceased Robert Smail conform to Disposition in his favor dated the twenty eighth day of May in the year one thousand seven hundred and sixty two (28^th May 1762), and Instrument of Seasine[18] following thereon of the same date which seasine[19] is registered in the particular Register of Seasines for the Shire of Roxburgh et cetera kept at Kelso the Eighth day of July thereafter, All lying in the said Town and Parish of Kelso and Sheriffdome of Roxburgh, which easter half of the said Backhouse and Middenstead were acquired by me from Robert Mason, Barber and Wigmaker in Kelso, together with the whole buildings erected by me on the said several subjects, And further I do hereby

· Give, Grant, Assign and Dispone to and in favour of the said William Molle, Robert Bruce and George Turnbull or the Acceptors or Acceptor, survivors or survivor of them as Trustees foresaid and their foresaids

· All and Whole that half Tenement of houses with the pertinents

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· bounded as follows videlicet[20] on the west by the High Street, on the East by the Kirk yard on the north by the tenement formerly belonging to Mrs. Isabel Kerr afterwards to Andrew Newton and Doctor John Gibson and now to John Lauder, Vintner in Kelso and on the south by the tenement sometime belonging to John Stuart thereafter to the heirs of John Thomson, Flesher[21] and now to John Kyle, Skinner[22] and others lying in the Town and Parish of Kelso and Sheriffdome of Roxburgh, As also

· All and Whole that half tenement of land sometime pertaining to James Bell, feuar,[23] afterwards to John Coates bounded betwixt the subjects above disponed on the East, the entry to the said subjects or half tenement above disponed on the south the said tenement now pertaining to John Lauder on the north and the high street on the west parts, lying in the said Town of Kelso & Sheriffdome aforesaid, And that in real security and for payment of the sum of four hundred pounds (£400) Sterling with the sum of eighty pounds (£80) Sterling of penalty in case of failure and the interest due on the said principal sum, all contained in and due by a Bond and Disposition

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· in security granted by William Dun then Tenant in Lurdenlaw now Tenant at Roxburgh Rig, to William Davidson Tenant in Bemerside Third dated at Kelso the twenty sixth day of May one thousand eight hundred and fifteen years (26 May 1815), to which Bond and Disposition in security and sums of money therein contained and subjects above described disponed in security of the same I have right by virtue of a Disposition and and Assignation in my favour made and granted by the said William Davidson in my favour dated the First day of September one thousand eight hundred and eighteen years (1^st Septmeber 1818), and Instrument of Seasine[24] following in my favour thereon, dated the Second and recorded in the particular Register of Seasines for the Shire of Roxburgh et cetera kept at Kelso, the fourth day of the said month of September and year aforesaid (i.e. 4^th September 1818), together with the said principal sum of Four hundred pounds (£400) Sterling, interest due thereon, liquidate penalty, and others foresaid themselves contained in the said Bond and Disposition in Security and Assignation above mentioned, as Also

· All and Whole that half tenement of houses with the pertinents bounded betwixt the half tenement belonging to the heirs of John Bell on

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· the west, by the Kirk yard on the East, the Tenement sometime belonging to Isabel Kerr afterwards to Andrew Newton and Doctor John Gibson, thereafter to John Waldie of Henderside afterwards to James Yule, Corndealer in Kelso, who disponed the same to John Lauder Innkeeper there, on the north, and the tenement sometime belonging to John Stuart thereafter to the heirs of John Thomson, Flesher, now to John Kyle, Skinner and others and the high street on the south parts, As also,

· All and Whole that other half tenement of land sometime pertaining to James Bell, feuar afterwards to John Coates, bounded betwixt the subject above disponed on the East the entry to the the said subject or half tenement above disponed on the south the said tenement now pertaining to the said John Lauder on the north and the Kings high street on the west parts, and which two half tenements with the pertinents were purchased by the said William Dun from Robert Cairns, Solicitor in Edinburgh and lye within the Town and Parish of Kelso and Sheriffdome of Roxburgh and that in real security and for payment of the sum of Two hundred and ninety nine Pounds sterling with a

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· fifth part more of liquidate penalty with the due and ordinary annual rent of the said sum all contained in and due by a Bond and Disposition in security granted by the said William Dun to me dated the Fifth day of November one thousand Eight hundred and nineteen years and Instrument of Seasine in my favour thereon dated the sixth day of the said month of November and recorded in the said particular Register of Seasines kept at Kelso for the shire of Roxburgh et cetera the Thirteenth day of December one thousand Eight hundred and nineteen years Together with the said sum of Two hundred and ninety nine pounds sterling itself and interest and penalty foresaid, And likewise

· All and Whole that tenement of land lying near the Pierhead comprehending of old a Malt kiln and Barn with three Dwelling houses sometime called the Peal houses at the foot of Dun's wynd with the middenstead Closs and liberty of the high way and other priviledges which having been ruinous were rebuilt by John Chatto, Merchant in Kelso, and comprehend a large house or room of houses and an area or piece of waste ground thereto adjoining which was converted in a Town work with the piece of

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· ground west to the paling lying between the said Town work and the entry into the houses and garden adjacent thereto belonging to Major John Stuart Jerdan bounded by the entry (which is to be the breadth of nine feet measured from a line drawn from the south east corner of the Dwelling house, not from the Kitchen south wall) and Dun's wynd on the north, the passage to the River Tweed at the back of the said Tenement on the East, the River Tweed on the south and the foresaid garden belonging to the said Major John Stuart Jerdan on the west parts, lying in the Town and Territory of Kelso and shire of Roxburgh and that in real security and for payment of the sum of Four hundred pounds sterling of principal with Eighty Pounds Sterling of liquidate penalty and the due and ordinary annual rent of the said principal sum all contained in and due by a Bond and Disposition in security granted to me by William Boyd Brewer in Kelso, bearing date the First day of September Eighteen hundred and seventeen years, and Instrument of Seasine in my favour thereon dated and recorded in the said particular Register of Seasines kept at Kelso for the shire

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· of Roxburgh et cetera the said first day of September one thousand eight hundred and seventeen years, Together with the said principal sum of Four hundred pounds sterling itself and interest and penalty aforesaid, And likewise,

· All and Whole the lands lands and Barony of Foulden, with the manor place, houses, buildings, yards and pertinents thereof, the town of Foulden and mains thereof, with the priviledges parts pendicles Teinds [25] parsonage and vicarage thereof, and the whole pertinents of the same, with the Milns of Foulden Mill lands and Multures thereof, with the advocation donation and right of patronage of the parsonage and vicarage Kirk and Parish of Foulden all lying within the Sheriffdome of Berwick, As also

· All and Whole those parts and portions of the Kirk lands parsonage and vicarage of the parish Kirk of Foulden, extending to Three husband lands as after mentioned videlicet,

· All and Whole three fourth parts of the lands in Whitecornlees as well outfield as infield formerly lying running with the said deceased James Wilkie's other lands of Whitecornlees, and

· All and Whole the half of the infield lands lying in the west part of the Town of Foulden, and the half of the infield lands called Clartyburn, and

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· the piece of land called Armyside, and the fourth part of the infield lands sometime pertaining to Deans which are the whole of the infield lands, that belonged to Margaret Ramsay, only daughter and heiress of the deceased John Ramsay of Nimlands and Alexander Rule of Nimlands her husband, and which formerly lay running with the infield of Foulden together with the pasturage of the whole soums of cattle and horses pertaining, to the said Kirk lands upon the commonly and within the bounds of the Town and Territory of Foulden, with houses, buildings yards, parts pendicles and pertinents of the said three fourth parts of the lands of Whitecornlees, outfield and infield of the half of the infield lands lying in the west parts of Foulden of the half of the infield called Clartyburn, of the piece of land called Armyside, and the fourth part of the infield lands in Deans all lying within the Parish of Foulden and shire of Berwick, and Teinds parsonage and vicarage thereof (excepting the pasturage of four horses and fifteen soums of Cattle whereof six soums are of sheep, and nine of oxen, as also excepting such parts of the said lands Barony and others before mentioned, as were sold and disponed by the deceased James Wilkie, Esquire of Foulden

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· Grandfather to the said deceased James Wilkie last of Foulden to Charles Lord Binning videlicet The lands of West mains of Foulden sometime possessed by John Murray, Tenant thereof, and the lands of Whitecornlees of Foulden sometime possessed by William Deans, Robert Archer, John Rule, Philip Wilson, and George Grieve Tenants thereof with the Teinds, parsonage and vicarage, houses, buildings, mosses, muirs, commonties & whole parts pertinents & pendicles of the same / all which lands and other heritages are contained in a Charter under the great Seal dated the Twentieth day of December one thousand seven hundred and Eighty years in favour of the said deceased James Wilkie last of Foulden whereby it is declared and ordained that one sasine to be taken at the manor place of Foulden or upon the ground of any part of the lands, Barony and others above described , by delivery of earth and stone, only should be sufficient for the whole lands, Milns, Teinds, right of patronage and others therein mentioned, And Likewise

· All and Whole the lands of Old Foulden comprehending Two husband lands and a Coteland with houses, buildings, yards lofts, crofts, mosses, muirs, meadows, pasturages parts pendicles and pertinents

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· Thereof, lying in the Parish of Foulden and Sheriffdome aforesaid, with the Teinds parsonage and vicarage thereof, and also a feu duty of one pound thirteen shillings and four pense scots payable yearly at Whitsunday[26] and Martinmas[27] by equal portions furth of All and Whole those parts and portions before described of the Kirk lands, parsonage and vicarage of the Parish Kirk of Foulden extending to three husband lands lying bounded and consisting of the particular lands and others before specified and more fully described in a Disposition of the said Feu duty granted on the Thirteenth day of February one thousand seven hundred ninety three years by John Home, Writer to the Signet to the said deceased James Wilkie, and Likewise

· All and Whole the Four merk lands of Fleurs with the pertinents and the Teinds and sheaves thereof lying in the Barony of Coldingham and shire of Berwick, as also those parts and portions of the land of Coldingham or Coldingham law acquired by the deceased John Wilkie, Esquire of Foulden, father to the said deceased James Wilkie, from David Aikenhead, Surgeon in Edinburgh, videlicet The Acres called Backs the acre sometime possessed by James Millar two

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· Acres in Whitelaw and three rigs in fourteen acre on Lincolnbraehead, sometime possessed by William Allan; the acre in Hallback sometime possessed by Henry Home six acres in Bancroft sometime possessed by Robert King, the acre in Lincolnbraehead, or How acre sometime possessed by the said Robert King, the two acres in Swallow brae head sometime possessed by the said Robert King and Agnes Sherrilaw, the two acres in the ten acres six roods in Longlands, six roods in Hallcroft, one rood in Swornside, two roods in Burnflat, six roods in Windy laws six roods in easter and wester Hungry edge and one rood in Townend all sometime possessed by James Tibbald, with houses, buildings yards and whole parts pendicles and pertinents of the said lands, all lying in the said parish of Coldinghame and Sheriffdome aforesaid, with the teinds parsonage and vicarage thereof, And Likewise

· All and Whole, those two acres and half of an acre of Outfield land commonly called Storiesknow with the pertinents and priviledges thereof bounded on the south and East by the lands which formerly belonged to John Morrison Hume of Coldingham law, on the north and west by the lands which belonged to William Ramsay

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· of Templehall thereafter to Thomas Johnstone and now to Richard Hotchkiss of Templehall, and on the north and east by part of the aforesaid lands belonging to the said deceased James Wilkie lying in the said parish of Coldinghame and shire of Berwick, as the said lands are (at least certain parts which formerly lay runrig or otherwise intermixed with lands belonging to other heritors were sometime ago divided and separated therefrom and are now possessed by the Trustees of the said deceased James Wilkie their Tenants / and that in real security and for payment of the sum of Two thousand Pounds Sterling with the sum of Four hundred Pounds sterling of penalty and the due and legal annual rent of the said principal sum, with a fifth part more of liquidate penalty for each terms failure in payment the said annual rent all contained in and due by a Bond and Disposition in security granted to me by Mrs. Sarah Price alias Wilkie Relict of the deceased James Wilkie Esquire of Foulden, James Roch? Esquire of Inverleith, Major Vaughan Forster, Town Major of Berwick upon Tweed, David Renton Esquire of Greystonelees and John Renton Writer to the Signet, a Quorum of

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· the Trustees of the said deceased James Wilkie dated the Third and Ninth days of December one Thousand Eight hundred and seventeen years and Instrument of seasine in my favour following thereon dated the Fifteenth and recorded in the particular Register of Seasines kept at Lauder for the County of Berwick the Twenty seventh day of January one thousand Eight hundred and Eighteen years, Together with the said sum of Two Thousand Pounds itself and & liquidate penalty, interest and termly failures foresaid And Likewise

· I hereby Give Grant Assign and Dispone to and in favour of the said William Molle, Robert Bruce and George Turnbull or the acceptors or acceptor survivors or survivor of them as Trustees foresaid and their foresaids All and Sundry other lands and Heritages Goods and Gear Debts and sums of money and generally the whole Estate and Effects heritable and moveable real and personal of what kind and nature soever or wheresoever situated, at present belonging or which shall pertain and belong to me at the time of my decease And particularly without prejudice to the foresaid generality All and Whatsoever sums of money and goods shall or may be specified and contained in an Inventory or Inventories

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· Thereof to be made up and subscribed by me as relative hereto which Inventory or Inventories shall be taken and deemed as a part hereof and shall be as sufficient to exclude the necessity of confirmation as if every particular therein contained were herein specified and enumerated, Together with the whole vouchers and instructions, writes titles and securities of and concerning the said lands Estate and Effects heritable and moveable real and personal generally and particularly above conveyed, and all that has followed or may be competent to follow thereon; But in Trust always for the ends, uses, and purposes and with and under the powers conditions and declarations herein particularly after specified, Declaring, always as it is hereby expressly Provided and Declared that of the said Trustees above named and designed, the said, William Molle shall in the first place have power by himself, alone to manage and execute this Trust, without the consent of all or any of the other Trustees appointed, or to be appointed in manner foresaid and that in the same manner and as freely as if the said Estate and Effects generally and particularly above mentioned, were conveyed to him as sole Trustee, and in case the said William Molle shall

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· not accept, or shall die, or be discharged in manner after mentioned, from the said Trust then the said Robert Bruce shall in the next place have the sole power by himself alone to manage and execute the same, in manner foresaid, And in case the said Robert Bruce shall not accept or shall die or be discharged in manner after mentioned, from the said trust, then the said George Turnbull, shall have the sole power by himself alone to manage and execute, the above Trust, in manner aforesaid, And in case the said George Turnbull shall not accept or shall die or be discharged in manner after mentioned then such other Trustee, or the first of such other Trustees as shall be nominated and appointed in manner after specified, shall have the sole power to execute and mange the said trust in manner foresaid; And so forth in succession through the whole of such Trustees as shall be appointed in manner after expressed which declaration above written shall be inserted in the whole Charters infesments and other investitures to follow hereon, In Which Lands and Estate above disponed with the pertinents I Bind and Oblige myself my heirs and successors whomsoever to

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· infest and sease the said William Molle, Robert Bruce and George Turnbull or the Acceptors or acceptor Survivors or survivor of them as Trustees for the end uses and purposes after specified, and their Assignees and that by two several infesments and manners of holding the one thereof to be held of me and my foresaids in free blench farm for payment of a penny scots money upon the ground of any part of the said lands and others at the term of Whitsunday[28] yearly in name of Blench farm if asked only and the other of the said infestments to be held from me and my foresaids of our immediate lawful superiors of the said lands and others in the same manner and as freely in all respects as I hold or may hold the same and that either by confirmation or Resignation or both the one without prejudice of the other And for completing the said Infestment by Resignation I hereby Nominate Constitute and Appoint and each of them jointly and severally my lawful and irrevocable procurators[29] with full power to them to compear[30] before my immediate lawful superiors of the lands and others disponed[31] or their Commissioners in

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· their names having power to receive resignations and to grant new infestments thereupon and there for me and in my name to Resign and Surrender as I by these presents Resign, Surrender, Upgive, Overgive and Deliver

· All and Whole the foresaid lands in Hassington called the west end of Hassington As Also

· All and Whole the foresaid Four pound land of Hassington mains commonly called Nether Mains, together with the Teinds, parsonage and vicarage of the said whole lands;

· All and Whole the foresaid half onstead, or half tenement of land and houses with the Closs and Middenstead,

· All and Whole the half onset or tenement of houses lying at the Cunzienook of Kelso

· All and Whole the said Dwelling house and house called a Currier's Shop at the Chalkheugh with the yard adjoining thereto and small Bit or piece of ground inclosed therewith

· All and Whole the said Easter half of a Back house which was sometime ruinous and was afterwards rebuilt into two dwelling houses with the yard at the back thereof and Middenstead above mentioned. And also

· All and Whole the half tenement of houses with the pertinents and the other half tenement of land both lying

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· in the said Town of Kelso in security of the foresaid sum of Four hundred pounds sterling interest and penalty foresaid,

· All and Whole the said half tenement of house and the other said half tenement of land in Kelso in security of the said sum of Two hundred and ninety nine pounds sterling interest and penalty foresaid,

· All and Whole the said tenement of land lying near the Pierhead and others in security of the foresaid sum of Four hundred pounds sterling with interest and penalty foresaid,

· All and Whole the said lands and Barony of Foulden and others foresaid in security of the foresaid sum of Two Thousand pounds sterling and interest liquidate penalty and termly failures foresaid All lying and described as aforesaid, and here held as repeated brevitatis causa, in the hands of my said superiors or their Commissioners foresaid in favour and for new infestments of the same to be made given and granted to the said William Molle, Robert Bruce and George Turnbull as Trustees foresaid and their assignees in due and competent form, acts instruments and documents thereupon to ask and take and generally to do every thing concerning the premises which I could have done

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· myself or which to the office of Procuratory in such cases is known to belong, Ratifying hereby and Confirming whatever my said Procurators shall lawfully do or cause to be done in the premises in virtue hereof And I do hereby Nominate and Appoint the said William Molle, Robert Bruce and George Turnbull to be my sole executors and the only intromitters with my whole moveable Estate and Effects Declaring always that these presents are granted in Trust for the ends, uses and purposes, and with the powers and under the conditions and declarations after mentioned, viz:

· In the First place for payment of all my just and lawful Debts, Deathbed & Funeral charges Expenses of executing this Trust and a suitable remuneration to the acting Trustee for the time for his trouble in the management,

· In the Second place for payment of a free annuity of Two hundred pounds sterling during the space of Forty years from and after the time of my decease to the person or respective persons who if this trust were to be at an end at the respective terms of payment of the same would be entitled to the possession of my lands and Estate of Hassington Mains

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· and others by virtue of the Deed of Nomination and Taillie after mentioned, and that at two terms in the year Whitsunday[32] and Martinmas[33] by equal portions beginning payment of the first portion thereof at the first of these terms after my decease and of the next portion at the next of the said terms and so forth yearly and termly during the said Forty years and Also

· for payment to Miss Margaret Bromfield of Mayfield, my only surviving sister of a free annuity of Two hundred pounds sterling during her life and that at two terms in the year Whitsunday and Martinmas by equal portions beginning the first terms payment thereof at the first of these terms that shall happen after my decease, and the next payment of the same at the next of the said terms and so forth yearly termly and continually during the life of the said Margaret Bromfield And

· I Appoint the Trustee or Trustees acting under this settlement to permit and authorize the said Miss Margaret Bromfield to possess and enjoy or if she shall require the same legally and validly to Convey and Dispone to her the said Margaret Bromfield

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· in liferent during all the days of her life after my decease the second and third flats, floors, or storeys & garrets of the foresaid Dwelling house at the Cunzienook of Kelso built by the said George Elliot senior And I do further Appoint the said acting Trustee for the time to deliver over to the said Margaret Bromfield the whole household Furniture, belonging to me at the time of my decease, including Bed and Table linen, China and others, and also such part of the family plate and jewels as the said Margaret Bromfield and the said acting Trustee or Trustees for the time shall fix on and determine All which furniture plate and jewels I do hereby leave and bequeath to he said Margaret Bromfield,

· In the Third place for payment of the following Legacies videlicet[34] To Amelia Bromfield, Jane Pringle Bromfield, Mary Pringle Bromfield, and Elisabeth Pringle Bromfield, younger lawful Children of the deceased Andrew Bromfield Esquire of Southfield late Lieutenant Colonel of the Militia in the Parish of St. Elizabeth, Jamaica my immediate younger brother, and to the heirs of their bodies, the sum of Five hundred pounds sterling each: Item - to Margaret Bromfield

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· daughter of the deceased John Bromfield Esquire of Belmount Farm my brother, wife to John Mason Merchant in Kelso or in case she shall die before the same shall have become vested in her to her children equally among them share and share alike or failing them to the said John Mason the sum of Four hundred pounds sterling, Item - to Elisabeth and Dorothea Bromfield also daughters of the said deceased John Bromfield and the heirs of their bodies, the like sum of Four hundred pounds sterling each and I do hereby Declare that the whole of the said legacies are to become payable at the first term of Whitsunday or Martinmas which shall happen after the elapse of six months from the time of my decease with the legal interest of the same from the said term of payment until payment thereof, Item - to the Trustees or managers of the Episcopal Chapel in Kelso the sum of Fifty pounds sterling to be lent out by them on proper security and the interest thereof to be applied by them in such manner as the majority of them may think fit, Item - to Walter Tait Esquire residing in Kelso a distant relation and

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· an old acquaintance of our family the sum of One hundred pounds sterling and that at the first term of Whitsunday or Martinmas that shall first happen after my decease.

· In the Fourth place I Appoint and Direct the Trustee or Trustees acting under this settlement at such time or times within the space of Forty years from and after my decease as may appear to him or them to be most expedient and proper to Sell and Dispose of the whole of my lands and houses, Estate and Effects before conveyed (other than and except the said lands of Hassington Mains and others) and also during the space foresaid to uplift levy and receive the rents mails and duties of the said lands of Hassington Mains and others and of the other lands Houses and Estate hereby conveyed so long as the same shall not be sold and disposed of as aforesaid and of the Lands and Heritages from time to time to be purchased in manner after mentioned and the interest dividends and annual profits of the other Estate and Effects vested in their persons by virtue hereof, And from time to time to lend and place out at interest, the price or prices of

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· the said lands and houses estate and effects so sold and disposed of and the rents mails and duties and interest dividends and annual profits foresaid at least so much thereof as shall remain after deducting the burdens which legally or by these presents may affect the same at the time in or upon such funds stocks or securities heritable or moveable as shall at the time be considered good and sufficient there to remain till a purchase or purchases of land may be had in manner after mentioned, And Further I Appoint and Direct the Trustee or Trustees acting under this settlement at any time or times within the foresaid space of Forty years from and after my decease, or so soon thereafter as may be, by and with monies arising from the sale or sales to be made as aforesaid and from the rents mails and duties, and interest Dividends and annual profits to be uplifted and received by them as above mentioned and generally by and with the whole residue and remainder of my Estate and Effects hereby conveyed and annual rents to be received thereon and on the accumulations thereof within the space foresaid purchase

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· and acquire such lands and heritages to be situate within the Counties of Berwick and Roxburgh or one or other of them as they shall consider eligible and proper and at and upon the expiry of the said space of Forty years from and after my decease or so soon thereafter as may be, the acting Trustee or Trustees under this settlement shall be bound and obliged to make and execute a Disposition and Deed of Entail or Dispositions and Deeds of Entail of the said lands of Hassington Mains Teinds and others and of the other lands and heritages to be purchased as aforesaid to and in favour of the person who at the time shall be entitled to the same by virtue of a Deed of Nomination and Taillie to be executed by me of this date or of any other Deed of Nomination and Taillie to be hereafter executed by me as relative hereto and to and in favour of the heirs thereby substituted to him or to her But always with and under the Conditions Provisions Limitations Restrictions Clauses irritant and resolutive and other clauses contained in such Deed of Nomination and Taillie And which Disposition or Dispositions

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· so to be executed by the said Trustee or Trustees shall contain an Assignation to the Rents and others thereby conveyed to become due at and after the first term of Whitsunday or Martinmas which shall happen after the elapse of the said space of Forty years from and after my decease, clause and warrandice[35] from fact and deed and all other clauses usual and necessary, And I direct the said Trustee or Trustees to record the said Disposition or Dispositions in the Register of Tailzies and in the Books of Council and Session and to complete proper Feudal Titles thereon so as to render the same effectual in terms of law Declaring that in case at the expiry of the said space of Forty years from and after my decease there shall remain in the hands of or be vested in the persons of the Trustee or Trustees under this settlement Trust monies or funds to the value or amount of more than Two hundred pounds sterling not laid out and invested in the purchase of lands and heritages as aforesaid then and in such case the interest Dividends and annual profits of such monies or funds shall go and be paid to such person or persons

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· as the lands and heritages to be purchased therewith would go and be paid in case such purchase were actually made and that until such monies or funds shall be laid out and invested in the purchase of land and until the same shall be disponed and conveyed in manner aforesaid, And Lastly after the said monies or funds and generally the said residue and remainder of the Trust Estate and effects foresaid shall be so invested in the purchase of lands and heritages and after the said lands and heritages with the said Estate of Hassington Mains and others shall be disponed and settled and secured in manner foresaid, I Appoint the Trustee or Trustees acting under this settlement to denude of the present Trust and to pay over to the heir of Entail in whose favour the foresaid Disposition or Dispositions shall be granted any balance in his or their hands not exceeding the foresaid sum of Two hundred pounds sterling for which a convenient purchase may not have been found and to deliver over to the said Heir of Entail the whole Title deeds of the said Estate of Hassington Mains and others and of the lands and Heritages to be purchased in pursuance hereof together

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· with the vouchers and Discharges of the Debts and other obligations that may have been discharged in execution of this Trust, the states prepared by the accomptant or accomptants, to be employed in manner after specified with the docquet[36] or docquets thereto subjoined and all other writings and papers connected herewith, And I do hereby direct the Trustee or Trustees for the time annually by within two months after the Thirty First day of December in each year during their administration to make up or cause to be made up Accounts of the intromissions[37] had by him or them or others under their authority by virtue hereof in the course of the year ending on that date and to lay the same with the whole vouchers thereof before a respectable Accountant in Edinburgh to be named by him or them, the said Accounts to be by such Accountant examined, audited, and if found to be correct approved of with power to him to call for all necessary information respecting the same and I do hereby declare that any docquet or docquets signed by such Accountant certifying the said Accounts to have so examined audited and approved of

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· shall have the same effect as and be equivalent to a full discharge in favour of the said Trustee or Trustees of the whole intromissions had by him or them contained in the said Accounts, With full power to the acting Trustee or Trustees under this Settlement to enter into possession of the said Trust Estate and Effects to call sue for uplift and receive the rents mails[38] and duties and interest and annual profits arising from the same and to grant discharges thereof which shall be as valid and effectual to the receivers as if granted by myself, With power also to the said acting Trustee or Trustees to output and input Tenants and to grant Tacks[39] and Leases of the lands houses and others hereby conveyed on the best and most improved yearly rent or rents that can be reasonably had or got for the same without taking any fine or grassum and for such period not exceeding Twenty one years and on such conditions as to the acting Trustee or Trustees shall seem proper, And also with power to the said acting Trustee or Trustees to appoint such person or persons as they shall think fit to be a factor[40] or factors under them to call sue for uplift and receive the rents

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· mails and duties and interest and annual profits arising from the said Trust Estate and Effects which factor or factors shall or may be paid allowed or permitted to retain such commission or sum or sums of money by way of salary or gratification as the said Trustee shall think fit and reasonable, And Further with power to the said acting Trustee or Trustees from time to time to agree and compound with any person or persons who at or after my decease shall be debtors or accountants to or who shall appear or pretend to be Creditors or Claimants upon my Estate and Effects hereby conveyed or upon my Trustees in respect thereof in all cases where the same in the judgment of the said acting Trustee or Trustees shall seem necessary or reasonable and to take such part as can be got in full discharge of all such debts and also to give such consideration as will be accepted of in full discharge of all such claims as shall be thought most advantageous to my Estate and the persons interested therein, And Likewise with power from time to time to submit and refer to the amicable decision, final sentence and decree Arbitral to be given forth and pronounced

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· by such person or persons as they shall think fit, all claims demands, disputes, questions and differences, subsisting betwixt him or them the said acting Trustee or Trustees and any person or persons whatever relative to the present Trust, and for that purpose to enter into a submission or submissions containing all the usual and ordinary clauses. With power likewise to the acting Trustee or Trustees under this Settlement to call sue for, and uplift, and receive the principal sum or sums of money hereby conveyed due to me at the time of my death upon Bond, Bill, Ticket, Account, heritable Bond, Bond and Disposition in security or in any other manner of way and to grant Discharges Renunciations, Assignations, Dispositions and all and whatever other writs and conveyances of and concerning the same and the securities held by me therefore they shall think necessary and proper, And Further with full power to the said acting Trustee or Trustees to sell and dispose of the whole of the lands, houses, tenements and other heritages hereby conveyed, excepting always the said lands of and Estate of Hassington Mains and that either by public

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· Roup[41] or private bargain or otherways at their discretion at and for the best price or prices that may be had or obtained for the same and upon such advertisements and if by public sale after such prorogations[42] and adjournments as to them shall seem beneficial and expedient and for that purpose to execute Articles of Roup and enter into Minutes of Sale, to grand Dispositions containing procuratory of Resignation, Precept of Sasine, a Clause binding my heirs in absolute warrandice[43], and other usual clauses and to execute all and whatever other deeds may be requisite and necessary for rendering the sale or sales so made effectual in the same manner and as amply as I could have done myself, and also with power to sell and dispose of my moveable Estate and Effects not hereby disposed of in such manner as shall be thought fit, And Also with power to the said acting Trustee or Trustees to lend and place out in and upon such funds stocks or securities heritable or personal as they shall think good and sufficient the monies coming into their hands by virtue hereof, and to alter change or vary such funds stocks or securities in or upon

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· which they shall have so lent or placed out the same for others of the like nature when and so often it shall seem expedient, And in case any of the said William Molle, Robert Bruce or George Turnbull or any other Trustees or Trustee to be appointed in pursuance hereof shall die or desire to be discharged from or become incapable of acting in this Trust at any time or times before the same shall be fully executed then and in such case and so often as the same shall happen it shall be lawful to and in the power of the next succeeding Trustee willing to act or capable of acting in the execution hereof and he shall by his acceptance hereof be bound and obliged upon payment being made to him of any debts belonging to my Trust Estate and performance of any obligations relative to the same due by and incumbent on such Trustee or Trustees so dying, or desiring to be discharged, or becoming incapable of acting as aforesaid, to execute and deliver to the Representative of such Trustee or Trustees so dying or to such Trustee or Trustees themselves as shall so desire to be discharged from or become incapable of acting in

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· the execution of this Settlement a valid and effectual Discharge or Discharges of his or their respective intromissions with the Trust funds and effects and the whole actings and management had by them in or concerning the premises, Declaring that from and after the date or respective dates of such discharge or discharges the Trustee or Trustees in whose favour the same shall be granted shall be equally free and exonered of and from all the duties and obligations incumbent on him or them by his or their acceptance of the present Trust and from all or any concern with the same as if he or they had not been appointed a Trustee or Trustees for the purposes hereof, And Further with power to the last surviving or continuing Trustee hereby appointed or to be appointed in pursuance hereof acting in the execution of the present Trust, when and so often as it shall seem to be necessary to Nominate and Appoint any other fit person or persons to be a Trustee or Trustees for executing the purposes of this settlement and when and so often as any new Trustee or Trustees shall be nominated and appointed as aforesaid the whole Trust Estate and Effects shall with

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· all convenient speed be disponed[44] Assigned conveyed and made over in such sort and manner and so as that the same may and shall be legally and effectually vested in the said last surviving or continuing Trustee and such new or other Trustee or Trustees jointly and the acceptors or acceptor survivors or survivor of them and that for the ends uses and purposes above specified or for such of them as shall be subsisting at the time or capable of taking effect, and all and every such new Trustee or Trustees shall and may act in the execution and management of the said Trust and shall have or be invested with the same powers and authorities as if he or they had been originally appointed by these presents, And I hereby Declare that the receipt or receipts of the said Trustees for principal sum or sums of money hereby conveyed or lent out by them, or for the money arising from any sale or sales, or any loan or loans made or obtained by them for the purposes of this Trust, shall be a sufficient discharge or sufficient discharges for the same or for so much thereof as shall be therein acknowledged to

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· be received and that the person or persons to whom such receipt or receipts shall be given, shall not be bound to see to the application, or be answerable or accountable for any loss misapplication, or non application of the sum or sums so acknowledged to be received, And it is hereby Declared that the Trustees hereby appointed or to be appointed in virtue hereof or any of them, shall not be liable for omissions or neglect of management, nor singuli in solidum, but each one for his own acts, receipts or intromissions only nor shall they or any of them, be liable, answerable, or accountable for any banker, factor or other person with whom, or into whose hands any of the said trust funds may come, or be deposited in the execution hereof nor for the insufficiency or deficiency of any stocks, funds or securities in or upon which any of the trust funds may be invested in pursuance of and in conformity to this settlement, or for any other misfortune loss or damage which may happen in the execution of this trust or otherwise in relation hereto, unless the same shall happen by or through their own willful defaults

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· respectively: Reserving always my own liferent of the Estate and Effects hereby conveyed with full power to me at any time in my life, and even on deathbed, to alter, innovate, or revoke these presents, in whole or in part, as I shall or may see proper: Dispensing with the delivery hereof, and declaring these presents to be valid and effectual though found lying in my repositories or in the custody of any other person for my behoof at the time of my death, And I consent to the Registration hereof in the Books of Council and Session or others competent therein to remain for preservation and thereto I Constitute Mr. Thomas Thomson Advocate my Procurators Attour in order that my said Trustees may be invest in the lands, houses, and others before disponed; I hereby Desire and Require you and each of you jointly and severally my Baillies[45] in that part hereby specially constituted that upon sight hereof ye pass to the ground of the said houses and others respectively and successively the one after the other and there Give and Deliver to the said William Molle, Robert Bruce and George Turnbull or the Acceptors or Acceptor

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· survivors or survivor of them, and to their foresaids heritable state and seasine, actual real and corporal possession of All and Whole the foresaid lands in Hassington called the west end of Hassington, As Also

· All and Whole the foresaid four pound land of Hassington Mains commonly called Nether Mains together with the Teinds parsonage[46] and vicarage of the said whole lands, And also,

· All and Whole the foresaid onstead[47] or half tenement of land and houses with the Closs and Middenstead and

· All and Whole the half onset or tenement of houses lying at the Cunzienook of Kelso

· All and Whole the said Dwelling house and house called a Currier's shop at the Chalkheugh with the yard adjoining thereto and small Bit or piece of ground inclosed therewith

· All and Whole the said Easter half of a Back house which was sometime ruinous and was afterwards rebuilt into two dwelling houses with the yard at the back thereof and middenstead above mentioned, And Also

· All and Whole the half tenement of houses with the pertinents and the other half tenement of land both lying in the said Town of Kelso in security of the foresaid sum of Four hundred

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· pounds sterling interest and penalty foresaid

· All and Whole the said half tenement of houses and the other said half tenement of land in Kelso in security of the said sum of Two hundred and ninety pounds sterling interest and penalty foresaid

· All and Whole the said tenement of land lying near the Pierhead and others in security of the foresaid sum of Four hundred pounds sterling with interest and penalty foresaid and

· All and Whole the said lands and Barony of Foulden and others foresaid in security of the foresaid sum of Two Thousand pounds sterling and interest liquidate penalty and termly failures foresaid, All lying and described as aforesaid and here held as repeated Brevitatis causa and that by delivery to the said William Molle, Robert Bruce and George Turnbull or the Acceptors or Acceptor, survivors or survivor of them or to their foresaids or to their certain attorney or attornies in their names, bearers hereof of earth and stone of the ground of the said lands and others a handful of grass and corn for the said teinds and all other symbols usual and necessary, and this in noways ye leave undone which to Do I hereby commit to

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· you and, and each of you jointly and severally my full power by this my precept of seasine[48] directed to you for that effect. In Witness whereof these presents consisting of this and the Thirty preceding pages of stamped paper written by Alexander Dickieson, Clerk to the said William Molle are subscribed by me (along with the marginal note on Page Twenty Eight hereof also written by the said Alexander Dickieson) at Kelso the Eighteenth day of May Eighteen hundred and Twenty one years (18 May 1821), before these witnesses William Scott, William Bruce and John Richardson, all apprentices to the said Robert Bruce, Writer in Kelso. (signed) Stephen Bromfield, Will. Scott witness, Wm. Bruce witness, John Richardson witness.

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· I Colonel Stephen Bromfield of Hassington Mains Considering that on the eighteenth day of May Eighteen hundred and twenty one, I executed a Trust Disposition and Settlement of my Lands and Estate of Hassington Mains and of my whole other Estate and means, heritable and moveable in favors of William Molle of Mains Writer to the Signet, Robert Bruce Writer in Kelso, and George Turnbull of Abbey Saint Bathans Writer to the Signet[49], or the acceptors, or acceptor, survivors or survivor of them as

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· Trustees for the ends uses and purposes, and with the powers, and under the conditions therein mentioned, and having now resumed consideration of the said Trust Disposition and Settlement, I have resolved for sundry weighty causes to alter the same in manner afterwritten, Therefore wit ye me

· In the first place to have revoked and recalled, as I do hereby revoke and recall, the Legacies of Four Hundred Pounds Sterling therein provided to Elizabeth and Dorothea Bromfield daughters of my Brother John Bromfield, Esq., deceased, and in lieu thereof I hereby direct my Trustee or Trustees acting in the order mentioned in said Trust Disposition and Settlement, to make payment to each of the said Elizabeth and Dorothea Bromfield, of an yearly annuity of Sixteen Pounds Sterling, commencing the first terms payment thereof at the first term of Whitsunday or Martinmas that shall happen six months after my decease, and so on yearly thereafter during all the days of their natural lives, but it is hereby expressly provided and declared, that the said annuity shall not be subject to the jus mariti of their or either of their husbands, or be liable to be attached for payment of their debts or deeds, the same shall

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· be purely alimentary[50] to the said Elizabeth and Dorothea Bromfield, and their respective receipts for the said annuity without the consent of their or either of their husbands shall be good to my said Trustee or Trustees, acting in manner mentioned in the said Trust Disposition and Settlement -

· Secondly - In case of lawful children procreated by the bodies of the said Elizabeth and Dorothea then I hereby direct and appoint my Trustee or Trustees for the time being, to divide equally share and share alike, the foresaid Legacy of Four Hundred Pounds Sterling provided to the said Elizabeth Bromfield among such of her children as shall be in life at her decease, and that so soon, as they shall respectively arrive at the years of majority as also to divide equally share and share alike the foresaid other Legacy of Four Hundred Pounds Sterling provided to the said Dorothea Bromfield, among such of her children as shall be in life, at her decease, and that so soon, as they shall respectively arrive at the years of majority.

· Thirdly - Failing lawful children procreated of the bodies of both or either of the said Elizabeth and Dorothea Bromfield then I hereby appoint my Trustee acting for

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· the time being, to divide the said Legacy or Legacies as the case may be, equally share and share alike amongst the younger lawful children of my Brother Andrew Bromfield Esquire, deceased as named and designed in my said Deed of Settlement videlicet, Amelia Bromfield, Jane Pringle Bromfield, Mary Pringle Bromfield, and Elizabeth Pringle Bromfield; and Margaret Bromfield wife to John Mason, Merchant in Kelso, Eldest daughter of my said Brother John Bromfield, and to their respective heirs and assignees, whomsoever; and

· Lastly in all other particulars I do hereby Ratify and Confirm the said Trust Disposition and Settlement according to the tenor thereof, and declare the same in so far as not hereby altered, as valid and effectual to all intents and purposes, as if this partial alteration, had never been executed by me; Reserving always full power to me at any time in my life, and even on deathbed, to alter or revoke these presents in whole or in part; But Declaring that this Deed in so far as the same shall not be revoked or altered, by a writing under my hand, shall have the effect of a delivered evident, though found in my Repositories or in the custody of any other person at

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· the time of my death, with the delivery whereof I hereby dispense and I consent to the Registration of this partial alteration in the Books of Council and Session, or others competent therein to remain for preservation, and that all execution necessary may pass hereon in form as effeirs, and to that effect I Constitute Mr. Thomas Thomson, Advocate my Procurators

· In Witness Whereof these presents written upon this and the preceding page of stamped paper by William Scott, Clerk to Robert Bruce Writer in Kelso, are subscribed by me at Kelso, the Tenth day of August Eighteen hundred and twenty two years (10^TH August 1822) before these witnesses the said William Scott and John Roberton, apprentice to the said Robert Bruce. (signed) Stephen Bromfield, William Scott witness, John Roberton witness. Written by Thomas B. Fellows, Collated by Molle, et al.

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END OF WILL OF COLONEL STEPHEN BROMFIELD

[1] Stephen’s purpose is clear! To preserve the “ancient family of BROMFIELD of Hassington Mains” and “to prevent all disputes” regarding who should inherit his estate after his death.

[2] 'Writer to the Signet' - (Scots Law), a judicial officer who prepares warrants, writs, etc.; originally, a clerk in the office of the secretary of state.

[3] Stephen’s three trustees are to administer his estate from the time of his death until they transfer it to his designated heir.

[4] The ancient ‘four pound land of Hassington Mains” commonly called Nethermains is combined with what seems to be the main part of his holdings; i.e. the “lands called the West End of Hassington”. These combined lands are known as “Hassington Mains” circa 1821.

[5] 'onstead' or 'onset' - a dwelling site, a steading with the dwelling-house and outhouses built on it, a small cluster of houses. (from: The Concise Scots Dictionary, Aberdeen Univ. Press)

[6] 'tenement' - 1. A holding; specifically land held in tenure and built on . 2. A large building, usually of three or more storeys divided into flats for separate householders. (from: The Concise Scots Dictionary, Aberdeen Univ. Press)

[7] 'middenstead' - the site of a 'midden'; a 'midden' is a dung hill or compost heap. (from: The Concise Scots Dictionary, Aberdeen Univ. Press)

[8] 'ish' - the right or means of egress, as in 'free ish and entry'. (from: The Concise Scots Dictionary, Aberdeen Univ. Press)

[9] ‘Flesher’ - a person who fleshes hides; a butcher or tannery worker.

[10] ‘Feuar’ – definition of: Scottish property was subject to feudal systems of tenure and held ultimately by the Crown. A vassal of the Crown received a grant (or feu) of land for a period of time in return for military or agricultural services. Vassals could in turn sub-feu an estate or part of it to others. A grant was recorded in a deed known as a feu charter or feu disposition. Services were later commuted to a monetary sum (a grassum) and annual payments (feu duty), that were only abolished this century. (Although Feuar is not defined in this statement, I assume the Vassal was the Feuar).

[11] George Elliot: "George Elliot ... begs leave to inform them, that he is now returned to his former house and shop at the Cunzienook, which is now rebuilt, and where he intends to sell, as formerly, everything, everything in the book and stationery line, and binds all kinds of books in the neatest manner". From: The British Chronicle, a

local newspaper, for May 16, 1788 (Nat’l Library of Scotland).

[12] ‘Currier’ – definition of: A person who cures or tans hides.

[13] ‘the Chalkheugh’ – term given to the high ground along the banks of the river Tweed in Kelso. “Kelso is probably derived from the word Calx. This conjecture seems the more probable, from an eminence on the Tweed side, on which part of the town stands. This height is called the Chalk-heugh, or Calchow, one of the ancient names of the town, and contains a great quantity of Gypsum, and other calcareous matters; all which, in the Celtic language, were denominated Kelk, hence Kelkon; and the Monks denominated the seal of the ancient monastery, Sigillum Monasterii de Calco. This eminence (the Chalkheugh) also affords a delightful prospect, which, by some, is thought to eclipse that from the bridge.” – From: “Statistical Accounts of Scotland”, 1791-1799, page 584.

[14] ‘Wright’ – definition of: A skilled worker, builder or repairer in various trades.

[15] ‘Flesher’ - a person who fleshes hides; a butcher or tannery worker.

[17] ‘Baillie’ or ‘Bailiff’ - An officer of the sheriff, a land steward acting on behalf of the Landowner or Landlord. In Scotland a magistrate of the burgh, also looked after the fishing rights on certain rivers.

[18] 'seasine or sasine' - An act of taking possession - as in, when an heir proves his right or when land is transferred to someone other than an heir, the act of taking possession is recorded in the court system. This act was symbolized by the ceremony of handing over from one party to another earth, stone, or other material.

[19] 'seasine or sasine' - An act of taking possession - as in, when an heir proves his right or when land is transferred to someone other than an heir, the act of taking possession is recorded in the court system. This act was symbolized by the ceremony of handing over from one party to another earth, stone, or other material.

[20] ‘videlicet’ – namely or ‘that is to say’.

[21] ‘Flesher’ - a person who fleshes hides; a butcher or tannery worker.

[22] ‘Skinner’ - a dealer in hides, or a mule driver.

[23] ‘Feuar’ – definition of: Scottish property was subject to feudal systems of tenure and held ultimately by the Crown. A vassal of the Crown received a grant (or feu) of land for a period of time in return for military or agricultural services. Vassals could in turn sub-feu an estate or part of it to others. A grant was recorded in a deed known as a feu charter or feu disposition. Services were later commuted to a monetary sum (a grassum) and annual payments (feu duty), that were only abolished this century. (Although Feuar is not defined in this statement, I assume the Vassal was the Feuar).

[24] 'seasine or sasine' - An act of taking possession - as in, when an heir proves his right or when land is transferred to someone other than an heir, the act of taking possession is recorded in the court system. This act was symbolized by the ceremony of handing over from one party to another earth, stone, or other material.

[25] 'Teinds' - or 'tithes' - . A tenth; the tenth part of anything; specifically, the tenthpart of the increase arising from the profits of land and stock, allotted to the clergy for their support, as in England, or devoted to religious or charitable uses. Almost all the tithes of England and Wales are commuted by law into rent charges. From: Webster's Revised Unabridged Dictionary.

[26] 'Whitsunday' - Pentecost - the 7^th Sunday after Easter, commemorating the descent of the Holy Spirit on the Apostles.

[27] 'Martinmas' - the feast of St. Martin on November 11^th.

[28] 'Whitsunday' - Pentecost - the 7^th Sunday after Easter, commemorating the descent of the Holy Spirit on the Apostles.

[29] 'procurator' - One authorized to manage the affairs of another; an agent.

[30] 'compear' - . (Law) To appear in court personally or by attorney

[31] 'disponed' - (Scots Law) To have made over, or conveyed, legally

[32] 'Whitsunday' - Pentecost - the 7^th Sunday after Easter, commemorating the descent of the Holy Spirit on the Apostles.

[33] 'Martinmas' - the feast of St. Martin on November 11^th

[34] ‘videlicet’ – namely or ‘that is to say’.

[35] 'warrandice' - (Scots Law) The obligation by which a person, conveying a subject or a right, is bound to uphold that subject or right against every claim, challenge, or burden arising from circumstances prior to the conveyance; warranty.

[36] 'docquet' - A brief entry of the court proceedings in a legal case.

[37] 'intromission' - The act or process of intromitting; introduction or admission.

[39] 'tack' - Land was leased to tenants by a document known as a TACK (these sometimes

survive in estate papers)

[40] 'factor' - A person granted authority to act on behalf of another

[41] 'roup' - An outcry; hence, a sale of goods by auction. [Scot.]

[42] 'prorogations' - acts of postponements ; or acts of deferments.

[43] 'warrandice' - (Scots Law) The obligation by which a person, conveying a subject or a right, is bound to uphold that subject or right against every claim, challenge, or burden arising from circumstances prior to the conveyance; warranty.

[44] 'disponed' - (Scots Law) To have made over, or conveyed, legally

[45] ‘Baillie’ or ‘Bailiff’ - An officer of the sheriff, a land steward acting on behalf of the Landowner or Landlord. In Scotland a magistrate of the burgh, also looked after the fishing rights on certain rivers.

[46] 'parsonage' - Money paid for the support of a parson. [Scot.]

[47] 'onstead' or 'onset' - a dwelling site, a steading with the dwelling-house and outhouses built on it, a small cluster of houses. (from: The Concise Scots Dictionary, Aberdeen Univ. Press)

[48] 'seasine or sasine' - An act of taking possession - as in, when an heir proves his right or when land is transferred to someone other than an heir, the act of taking possession is recorded in the court system. This act was symbolized by the ceremony of handing over from one party to another earth, stone, or other material.

[49] 'Writer to the Signet' - (Scots Law), a judicial officer who prepares warrants, writs, etc.; originally, a clerk in the office of the secretary of state.

[50] 'alimentary' - Subservience to ends; pertaining to individual volition.

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