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  The Glossary

The Scottish Archive Network (SCAN) Glossary defines archaic words and phrases, mostly Scots law terminology, commonly found in documents and records in Scotland's archives. If you think a word or phrase should be added to the glossary, or an existing entry could be defined better, please contact us. Since the SCAN project ended, the Dictionary of the Scots Language has gone online at http://www.dsl.ac.uk/, and this should be consulted for Scots words and phrases (including legal terms).

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F
 
factor
usually the administrator of an estate, but can be any agent whose powers depend on some specific authority within which he acts.
falsing the doom
see doom

feal and divot
another right like estover; this one is the right to take turfs for roofing or other purposes, which in England goes by the name of "common of turbary"

fee or feu
one of the four conditions, or tenures, on which lands could be granted by charter.  In this case, the superior received (usually annually) a return ('feu duty') in agricultural produce or money, rather than military service. The 'fee' or 'feu' was also the name of the piece of property so conveyed, and the 'feuar' the vassal who held the property by feu tenure.
 
feuar
see fee or feu above

feu disposition
in the nineteenth century the distinction between the charter and the disposition was that a charter was used to create a new feu, and a disposition to carry an existing feu forward to a new proprietor. A form of disposition was also used for the former purpose, however, and was known as a feu disposition
fermorar
farmer

fiars or fiars prices
prices of grain which were fixed for each county by its sheriff and a jury of locals every February; a "fiar" could also be someone who held lands in which someone else possessed a liferent

fire and sword
letters of.  These were an order to a sheriff to muster the assistance of the men of his county to dispossess tenants who had illegally retained possession of lands; on the other hand, they could be issued against people like the MacGregors on apparently any excuse

firlot
a Scottish measure which, like the rest, differed from place to place and depended on what it was being used to measure; as far as grain was concerned, it was the fourth part of a bol (and therefore anything from about nine-tenths to one and a half Imperial bushels)

forestalling or regrating
forestalling was the crime of buying goods on their way to a market with the intention of selling them there at an inflated price

forfeiture
the loss of property following on the commission of a crime or on the breaking of some condition by which the property was held from a superior; usually coupled with escheat

forisfamiliat, forisfamiliate
relating to a son or daughter separated from the father's family by marriage, living elsewhere, or by having received a separate share of property before the father's decease

forisfamiliation
the separation of a child from its father's family, by marriage for instance; it could happen if the child gave over his/her claim to legitim

forthcoming
a legal action ordering a debt to be paid or a debtor's property to be surrendered to his creditor(s)

free alms
this was one of the four conditions on which lands could be granted by charter.  In the Middle Ages, it was a grant of property made to a monastery or church in return for prayers for the granter's soul and those of his family; later, as the mortification it becomes a grant to a university or other institution.  (The idea behind the name was that the grant had not been made to a normal vassal but to a group of people who went on and on, the institution being 'deathless')

freeholders
were those who were entitled to elect (or be elected) members of Parliament on the grounds that they held lands worth more than a certain sum

fruits
simply the produce of a piece of land (which did not depend on whether it had any orchards or not)

fuel
another "common right" like estovers; this was the right to dig, dry and take away turfs or peats for use as fuel

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z