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).

Abuilyements  [of one’s body]

clothing, or garments

 

acta and decreta

Simply "acts and decreets", used in the National Archives of Scotland as specifically the acts and decreets of the Privy Council

 

A D C

A piece of National Archives of Scotland terminology, denoting Acta Dominorum Concilii, the 'Acts of the Lords of Council', which are the records of the king's council acting as a court of law (before the Court of Session started)

 

adjudication

or 'adjudication for debt', the legal action by which a debtor's property was passed to his creditors.  Adjudication in implement on the other hand, is a decision by a court to implement a defective title to land.

advowson

or advocation is the right of a patron to present a person to a church living or benefice

airschipe
see 'heirship'

alba firme
The Latin term for blench ferme, whereby lands are held for a 'peppercorn rent'

aliment

a maintenance

allenarly

only, solely or exclusively 

amerciament

a fine imposed on a wrong-doer; ("being in mercy" means the same)

anent

concerning

annexation

the act of uniting lands to the Crown (politely used for "confiscation")

annual rent

interest on money which has been lent, which takes the form of a yearly rent out of land

apparent heir

not the person who "appears" to be heir to landed property, but the heir who has already succeeded to it

apprising

the sentence of a court affecting a debtor's heritable property, as a consequence of which that property would be sold to pay the debt.  It was really replaced by the adjudication, because it was too abrupt for popular taste.

APS

abbreviation for 'Acts of the Parliaments of Scotland'

arles

a payment made to signify completion of a bargain

arrestment

seizure by legal process of a person or his property

Articles, lords of

were a committee of Parliament which selected in advance the matters which the Parliament was going to (be allowed to) consider

articles of roup

the conditions under which the property was to be auctioned

assignation

can have various meanings.  In general, it means the conveyance to another of one's rights in moveable property, or ones claim for debts, or rights in land which is leased.   The person who gets an assignation is called the assignee

assize (or assise)

just means the sitting of a court

assoilzie

to find someone 'not guilty', to absolve them from the outcome of a legal action

assythement

really the same as what was earlier called weregild or cro;  it was a compensation paid to the relatives or friends of someone who had been killed, by the killer(s)

astriction

the binding of holders of lands to have their corn ground at only one particular mill, for which they would pay multures and sequels; the lands so astricted (or thirled) to the mill were called the mill's sucken

atour

besides, in addition, moreover.  It is the usual way of starting a precept of sasine which forms part of a charter, eg "Atour to our lovits........our baillies in that part'

augmentation

an action pursued by a minister of the church to get an increase in his stipend

 

Auld extent
see extent

Availl

worth, or monetary value