1687

INHIBITION- ANDREW LESSELS AGAINST MARGARET RICHARDSON

This is a follow on document from that of 1685.

Inhibition

An inhibition is “a writ prohibiting a debtor from parting with his/her heritable property to the prejudice of a creditor” (Concise Scots Dictionary)

Andrew Lessels is the “complainer” and is a creditor of Margaret Richardson.  This document follows on from a  previous hearing of the case in 1685 (trandcribed). This was not the end of the matter as there was a 1689 Decreet of Adjunct against Andrew Lessels , Margaret Richardson and her sonnes (Fife council Archives, not transcribed)

Explanation

 The document refers  to a bond made in 1675 by Colin Oliphant and his spouse Margaret Richardson  in favour of Andrew Lessels. He had promised Andrew 500 merks Scots plus annual rent, with land belonging to his wife as security. In this period, “annual rent” usually means repayment of a loan. Colin died some time between 1675 and 1685. The land was  detailed in the 1685 document but no specific land is detailed here. It would appear that Margaret Richardson had not yet paid the money due to Andrew Lessels with regard to the decision made 2 years earlier.

  Margaret Richardson  was trying to avoid  repaying the bond to Andrew Lessels by arguing that  it was made  her late  husband Colin Oliphant not herself, but the argument was not accepted by the court. As she was married to him at the time of the bond she was obliged to honour it.      The inhibition prevents her from selling or otherwise disposing of her land or  possessions   The Inhibition was written in Edinburgh and there’s a space left for the name of the burgh.

The following people are mentioned but none as coming from Burntisland so most likely they are court officials or lawyers from Edinburgh:

Mr Willis, James Martin [signet],  George Robertson,James Winram and George Weg[    ].

1685 Full Document

1685 Full Document

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Main Document (single long page)

 

1.      James By the Grace of God King of Great Britain France and Ireland

2.      defender of the faith  To our Lovitts[1]

3.                                       [messengers] our sheriffs [most] [ part ] [councillors] &  [feallis][2]

4.      specially [constituted] Greeting Forsomuch as [is] humbly meant & shown

5.      [to us] by our Lovitt Andrew Lessels in Stoniehill That when the deceased Collen

6.      Oliphant burgess of Burntisland and Margaret Richardson his spouse by their

7.      bond [subscribed] with their hands of the date the thirteen day of April jajvjc[3] &

8.      seventy five years bound and obliged them for the causes therein specified

9.      [conllied] and [ sealed] to  content pay and deliver to the complainer

10.  the sum of five hundred merks Scots money at the term therein

11.  mentioned with annual rents conforming to Act of Parliament [And] [fifty] pounds mo-

12.  ney foresaid of expenses As the said bond containing obligement to infeft in

13.  certain lands and tenements pertaining to the said Margaret Richard-

14.  son registered in the books of our council and session upon the [twenty]

15.  fourth day of July jajvjc & eighty five years purports Whereupon the

16.  said complainer having raised our letters of horning[4] [certified] [charge]

17.  the said Margaret Richardson only now on life to make payment

18.  to him the sums of money [above]written who [foreshowing] the

19.  danger thereof [meaned] herself to the said [Lords] [And] upon certain

20.  [ frivelous] reasons procured suspension in the said matter which being

21.  [                           ] called in presence of the said Lords of our Council

22.  [          ] [And] [last] of all upon the tenth day of February last by past It

23.  was then alleged for the suspender that all bonds granted by a woman

24.  [stante] matrimonio[5] are null and that this bond being granted [while]

25.  she was claide with[6] a husband she could not be obliged thereby whereunto

26.  it was answered by the [complainers procurator] that albeit such bonds cannot receive

27.  personal [execution] against a woman after the death of her husband for

28.  payment of the debt that yet a woman [stante] matrimonio may so far oblige her

29.  self that the lands properly belonging to her may therewith be affected And

30.  she by the foresaid bond being obliged to infeft the complainer for the said sums in

31.  certain lands and tenements pertaining to her the bond [      ] [          ]

32.  the action against her for that effect which [decreet] being considered by the

33.  said Lords they be [shew/shown] [decreet/deeds] then given and pronounced in the matter found

34.  that the said bond granted by the said Margaret Richardson albeit [stante]

35.  matrimonio the sum was [binding] for infefting [out] of the lands and

36.  tenements belonging to herself for [        ing] the complainer conform

37.  to her infeftment as the said [decreet] of suspension shown to the said Lords of our

38.  Council and session [here] [testified] Notwithstanding whereof the said Marga-

39.  ret Richardson [        ] as the said [complainer] is informed to sell  annailzie[7]

40.  woodsett[8] dispone resigne renounce delapidate and put away all and sundry

41.  her lands [heritable] tenements annual rents liferents reversions tacks steadings

42.  rooms possesions corns cattle goods and gear and to grant private & public

43.  assignations resignations dispositions and other rights & securities of the

44.  same to some person or persons intending thereby to render herself unable

45.  concerning the implement of the foresaid decreet and infefting the said complainer conform thereto

46.  to his great hurt and prejudice without [wadset][9] be provided thereto as is alleged

                      Mr Willis herefore[10] and

47.  we charge you straightly and command that in [continent] [there our] letters

48.  seen [        ] [pass] and in our name and [           ] inhibit and discharge the said

49.  Margaret Richardson that she on noways sell [anailzie] woodsett

50.  dispone resign renounce delapidate nor put away any of her said lands hereto

51.  [       ] tenements annual rents liferents reversions tacks steadings rooms possessions

52.  corns cattle goods nor gear nor yet make any private nor public assignations

53.  resignations nor other right nor disposition thereof nor of no part of the same

54.  to any person or persons nor contract nor ontake debts sums of money where

55.  upon [apprising] adjudication or [where] [eviction] may follow nor do no other

56.  fact nor deed [indefended] and prejudice of the said complainer concerning the implement

57. & fulfilling of the said decreet and infefting of the said complainer conform thereto and sick[11]

58.  like that [you] in our said name and [       ] inhibit and discharge all and sundry

59.  our [lieges][12] by [public] proclamation at the market cross of the burgh of [blank][13]

60.  and other places [needful] that they nor none of them presume nor take upon

61.  [ hand] directly nor indirectly by any manner of way in time coming to buy

62.  [blocke][14] take in woodsett for long tacks or short for meal or meal free by

63.  assignation or resignation or [otherwise] for the said Margaret Richardson

64.  any of her said lands [inheritances] tenements annual rents liferents reversions tacks

65.  steadings rooms possessions corns cattle goods or gear [ind          ] of the said complainer

66.  [assignees] [certifying] all them that do in the [contrary] the same shall be null &

67.  of no [avail] [for strength ] nor effect according to law and that [profess] within

68.  forty days next after the executing of [this] our letters and [cause] [register] the

69.  same with your executions thereof conform to our act of parliament made there

70.  concerning according to justice [because] the Lords [have] [seen] the decreet within

71.  or above written As they will answer to us thereupon the which to do we commit

72.  to you bailies & [feallis ] our full power by [this] our letters delivering them by you

73.  duly execute and indorse again to the bearer Given under our signet at Edinburgh the

74.  twelfth day of May and of our reign the third year 1687

 

THERE FOLLOW  2 LINES IN LATIN DATES  ON LHS,

 LARGE RED SEAL IN CENTRE. ONE LINE OF LATIN ON RHS

 

dated 13 May 1687

 

Signed by James Martin [signet]  and George Robertson on LHS.

Signed by Ja: Winram and Geo. Weg[    ]. on RHS 

 

 Registered in the books of council

Conform to act of parliament

 

 


 

[1] Lovitt: dear/beloved; common in official or legal documents (DSL)

[2] Feallis – fuedal tenants or a paymen/fee assigned to a person or a servant /employee (DSL)

[3] Jajvjc – the year sixteen hundred

[4] Letters of horning – letters in the sovereign’s name charging the persons named to make payment or face being publicaly shamed for disobedience (DSL)

[5] Stante matrimonio –while the marriage is in force

[6] Claide with a husband: provided with a husband (DSL)

[7] Annailze – to transfer ownership to another (DSL)

[8] woodsett: The conveyance of land in pledge for or in satisfaction of a debt or obligation, with a reserved power to the debtor to recover his lands on payment or performance

[9] Wadset – same as woodsett

[10] His signature in large letters with scroll

[11] Sick lyk  (in large letters) meaningn such like

[12] Liege; loyal subject of the sovereign (DSL)

[13] Blank space here presumably location to be added later

[14] Blocke: a bargh

ain of buying and selling; a commercial or businesss transaction (DSL)

Cover page

Cover page

Cover text

Cover :  Inhibition

Lessells

Agt

Richardsone

No. 7                  1687

1685 edge writing

1685 edge writing

Detail from Document

Detail from Document

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