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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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P

parsonage teinds

the tithes of corn and other crops belonging to a parson, sometimes called decimae rectorae (rectorage teinds) or decimae garbales (teind sheaves); see teinds
 
particate
a measure of land of about one quarter of an acre, sometimes called a "parcel"
 
pairts and pertinents
the parts and pertinents are what a piece of land was always granted with; they implied everything connected with the land granted whether names or not, and could be considerable
 
pasturage
another "common right" like estover or feal and divot; it was the right to pasture cattle, particularly on someone else's land
 
patronage
specifically, the right of presenting a clergyman to church

pendicle
a small piece of ground, usually attached to a building or separated from the rest of a property in some way.

Pentecost
more often used than the alternative name, Whitsun - the seventh Sunday after Easter; it was one of the two terms of the year on which rents fell due
 
permutation
the equivalent of excambion in heritable property; this is the exchange of one piece of moveable property for another (therefore a posh word for barter)
 
plenishings
in general, furniture and other household moveable goods; "outsight plenishings" were those kept out of doors
 
ploughgate
a  measure of land which contained 8 oxgangs each of 12-13 acres, but the size varied from place to place
 
poinding
a diligence (enforced by letter under the signet called "letters of poinding") whereby ownership of a debtor's moveable property is transferred to his creditor.   "Real poinding" or "poinding of the ground" is the poinding of goods lying on lands which are a security for the debt; "personal poinding" is the poinding of moveables which are then sold at auction (or "made penny of" in the usual phrase) the proceeds of which are used to pay the debt.  If there is more than one creditor, there may be an action of multiple poinding raised by the debtor
 
portioner
a proprietor who held only a small piece of land; heirs portioners were women who succeeded jointly to property
 
post nuptial
after marriage
 
poundland
a piece of land which would have been originally valued at one pound in the extent; generally taken as 4 oxgangs or half a ploughgate
 
praecogitat
premeditated

precept
simply a written order, usually by a court, to a representative to do something

precept furth of chancery
a deed similar in effect to a precept of clare constat, used where the crown was the superior
 
precept of sasine
an order by a superior to his baillie representing him, to give heritable possession of lands to a vassal, which could only be done by the ceremony of sasine.  Originally these precepts were documents in their own right, but after 1672 they were incorporated in charters.  The precept of clare constat would be used if sasine was to be given to an heir of a deceased vassal
 
premonition
the start of the process whereby lands which had been pledged as security for the repayment of a debt could be redeemed by their original owner; it was the notice given to the person then holding the lands to turn up at a stated time and place to receive repayment of his money and to restore the lands to his former debtor (who was called the reverser)
 
prescription
a means whereby a right might be lost or acquired due to lapse of time; for example, long uninterrupted and unchallenged possession of property (usucaption) would confer a right to it, whereas if someone possessing a particular right did not exercise it for long enough, he might lose it
 
presentation
the act by which the patron of a church appointed its minister; his right to do so was his advowson
 
Privy Seal
One of the four royal seals; the privy or secret seal was originally used for royal orders or brieves, but later came to be used for such things as grants of moveable property and grants of minor offices
 
pro bono servicio
"for [his] good service" is the reason for a grant of lands usually given in the narrative clause of a charter when the lands are to be held in wardholding, that is, for a return of military service

pro indiviso
"undivided"
process
all the documents (usually bundled together) which related to a particular court case, whether civil or criminal in nature
 
procuratory of resignation
the authority granted by a vassal to his representative (who is in this case called his procurator) to restore the lands held by the vassal to his superior, either to remain in the superior's hands, or to be granted out again for example, by a charter of novodamus; this resignation was neccesary if the vassal sold his lands to someone else, who would then have to have the lands re-granted by ths superior to him to complete his title.
 
progress of title
all the documents relating to rights in a piece of land and their transference from person to person; it is typically a bundle containing charters, precepts and instruments of sasine, tacks, wadsets, reversions and the like

propriis manibus
"with his (or her) own hand"
prorogue
to extend or to prolong; specifically, to continue a Parliament from one session to the next
 
protocol
a book which a notary was obliged to keep, in which he was supposed to keep copies of all the instruments he had executed, or summaries of their essential points
 
pupil
a child younger than 12 if female or 14 if male; one older than that (but still not 21) was a minor.  Pupils might have their affairs administered by a tutor
 
purpresture/purprision
Purpresture was a delinquency (a feudal crime) as a result of which a vassal could suffer forfeiture of his lands, for the offence of encroaching on streets, highways or commons belonging to his superior; purprision is generally the illegal encroachment on (or enclosure of) lands or property belonging to another
 
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