1656 Sasine signed by Notary Public
Magnus Aytoun
Context
In 1656, Scotland was under English control as part of the Commonwealth of England, Scotland, and Ireland, following its military defeat and occupation by Oliver Cromwell’s forces earlier in the decade.
- Union with England: Scotland had been formally incorporated into the Commonwealth through Cromwell’s Ordinance of Union in 1654, which abolished the Scottish monarchy and Parliament.
- Governance: The country was administered by English commissioners and military governors, including General George Monck, who played a key role in maintaining order and enforcing Commonwealth policies.
- Abolition of Traditional Institutions: The Scottish Parliament and the three Estates were dissolved, and all allegiance to the Stuart monarchy was declared void.
- Judicial Reforms: English-style courts were introduced, and Scottish judges were appointed under the Commonwealth’s authority.
- Occupation Forces: English troops were stationed throughout Scotland to suppress resistance and enforce the new regime. Fortifications and garrisons were maintained in strategic locations.
- The mid-1650s were a time of religious tension, especially between Presbyterians and the more radical sects supported by Cromwell. The imposition of English Puritan values clashed with Scottish traditions.
It was a period of political suppression and restructuring, with Scotland essentially governed as a province of the English Commonwealth.
Cromwell had invaded Scotland in July 1650. Burntisland had earthen fortifications built to protect the town, inhabitants were armed and cannons in position on Broomhill. In 1651, Cromwell’s troops advanced on Burntisland, taking up position in what is now Grange Road. After negotiations, the town capitulated, and Cromwell’s troops were garrisoned in the town for several years. In 1656, the Burgh was still under military rule.
Cover of 1656 Document
Translation of cover
Cover (picture 1):
Sasine
Thomas Dewar of an acre and quarter of an acre of nether grange by Sir James Melville
1656
Cover
1. This sasine [within written] is registered in
The Register of the Sheriffdom of Fife and Kinross and
1. The Register of the Sheriffdom of Fife and Kinross and
2. Kirkcaldy upon the fourteen day of July jajvic[1]
3. And fifty-six years on the 208209 leaf of the 20
4. Volume of the said Register conforming to the act of parliament
5. 1617 for Registration of sasines: reversions &
Being signed by the within named By Mr Hedderweik
[1] Sixteen hundred
Lefthand document
Summary
This document details a land transaction (sasine) on 30 June 1656, between Sir James Melville of Halhill, a major landowner in Burntisland (see Burntisland Heritage ) and Thomas Dewar, son of the late Thomas Dewar, Burgess of Burntisland (at that time spelled Bruntiland) represented by Andrew Smith, maltman. James Robertson of Newbigging was appointed as Baillie to oversee the proceedings. Dewar is acquiring 1 ¼ acres at Nether Grange, including an area where fortifications had been built. Part of the land was previously occupied by William Couper, and part by Hendry Gilchrist. Current and previous neighbours included John [Halkstoun], John Moncrieff, Jonet Boswell, James Murray, Robert Ross, John Watson and Patrick Hayns. The 1 ¼ acres includes another plot, current and previous neighbours being Mathias Pearis then Catherine Pearis, William Bowtoun and Major Andrew Leslie. That plot was bordered by the” common march” of the burgh on the south, the “common gait leading to the Kirktoun” on the west and the sea dam on the north. Dewar was obliged to pay feu duty to Sir James and his heirs twice yearly on Whitsunday and Martinmas. Witnesses were David Boswell of Glassmount (written as Glasmonth), James [Tyrie] in Seamilns, Andrew Dewar, William Anderson, Gilbert Halyburton, John [Stockakre], Robert Adamson (Burgess of Burntisland). David Miller acted as clerk to Magnus Aytoun, Notary Public, who signed the document.
1656 righthand document
Translation
Main document
1. Be it known to all men by this present public instrument that upon the last day of june sixteen hundred[1] and fifty six in presence of one notary public and witnesses underwritten compeared personally James Robertsone of Newbigging baillie in that part. To Sir
2. James Melville of Halhill[2] Knight by his precept[3] of saising underwrit specially constitute. And [party] to the acres of land underwritten having and holding in his hands a letter of disposition containing thereuntill[4] the said precept of saising under insert made and granted by the said Sir James Melville with
3. consent of his creditors herein named and [in] scryving[5] the same. To and in favour of Thomas Dewar lawful son of umquill[6] Thomas Dewar Burgess of Bruntiland his heirs and assignees whatsoever heritable and [irredeemable} Of all and Haill the one acre and one quarter of [an]
4. Acre of arable land of the lands of Nether Grange within the [teynd[7] sheaves[8]] thereof included whereof one acre called Couper’s acre presently posesssed by William Couper younger. And one quarter or fourth parts of that one acre and three quarters of an acre whereupon the fortifications are built posessed by [hendrie]
5. Gilchrist. Lying within the barony and parish of Bruntiland and sheriffdom of Fife which acres are bounded as follows. To wit the said one acre possesed by Wm Couper is bounded betwixt the acre possessed by John [Halkstoun] pertaining to John Moncrieff on the west and an acre possessed by Catherine Boswell pertaining
6. Now to Jonet Boswell on the east, three acres possessed by James Murray pertaining now to Mr Robert Ross on the north and the acre possessed by John Watson pertaining now to Patrick Hayns on the south parts. And which one acre and three quarters of an acre possessed by the same [Hendrie] Gilchrist
7. Whereof one quarter or fourth part is disponed to the said Thomas Dewar by virtue of the said disposition as said are bounded betwixt the acres possessed by Mathias Pearis pertaining to Catherine Pearis and the acre possessed by William Bowtoun pertaining to Major Andro Leslie at the east. The
8. Common march of the said burgh of Bruntiland on the south the common gait leading to the Kirktoun on the west and the sea dam on the north parts To beholdin of the said Sir James and his airs in feuferme[9] for payment of one shilling three pennies money Scots at two terms in the year
9. Whitsunday and Martinmas by equal portions in name of foresaid for and in place of all casualities due to him as superior thereof [during] their holding the said [ ] [ or to] beholdin from him thereof his immediate superior thereof in feuferme for payment of the proportional feu duties payable to his said superiors answerable to the [ ]
10. Lands [ ] in the said disposition of the estate at Bruntiland Kirkcaldie Edinburgh and [ ] [ ] the twenty third and twenty fourth days of May The sixth ninth twelth thirteen and fourteen days of June sixteen hundred[10] and fifty five. The twenty eighth of january The first and fourteenth of February
11. And nineteenth of March and that said twenty fourth and twenty eighth of June and first of July sixteen hundred and fifty six years at more length is contained which disposition containing therein the said baillie gave to me notary public here undersubscribed[11] to be publicly read and explained[12]. This quhilk precept the [tenner] follows
12. All our [I the ] said Sir James Melville with consent of the abovenamed persons by their [presence] constitutes James Robertsone of Newbigging Mr baillie in this part upon [frequent] to pass and give heritable state and saising corporal actual and with possession of All and haill the one acre and quarter of an
13. Acre of arable land with the [teynd sheaves] thereof included and pertinants lying and bounded as said To the said Thomas Dewar or his attorney bearer hereof [ ] or made by deliverance of earth and stone of the ground hereof and of a handfull of corn as verification[13] To be holdin in [manner] foresaid conforme to the above written
14. Dispositon and this precept the which to do. I with consent foresaid commit to my said baillies my full power After the public reading and explaining of the which disposition and precept underwritten. The said James Robertson baillie in this part foresaid by virtue thereof said heritable state
15. And saising corporal actual and real possession of all and haill the said one acre and quarter of an acre of land with the ]teynd sheaves] thereof included and pertinents lying and bounded as said is to the said Thomas Dewar by deliverance and of earth and stone of the ground thereof and of a handfull of corn as
16. [use ]is. In the hands of Andro Smith maltman burgess of Bruntiland as attorney for the said Thomas Dewar and in name and behalf whose attorney power was known to me notary public under signed personally present and written by me the same signature to the said dispositoun and precept before writ
17. In all points To be holdin as said Upon which[14] all and sundry the premiss[15] the said Andro Smyth as attorney forsaid and in name and behalf of the said Thomas Dewar [asked ] instruments foresaid of me notary public undersigned [ ] [times] were [ ] upon the ground of the said
18. Acres at four hours afternoon or thereby day month and year above specified before the witnesses David Boswell of Glasmonth James [Tyrie] in Seamilns Andro Dewar Wm Andersone Gilbert Halyburtoun John [Stockaker] and Robt Adamsone burgess of Bruntiland and David [Miller] my [ scrivener[16] ] called and required to the premisses
19. I Magnus Aytoun notary public admitted by the Lords of Session conform to the Act of Parliament and readmitted by the Commissioners for administrat-
20. ion of Justice to the people in Scotland Being at all and sundry the premisses while they were so spoken acted and done as said personally
21. present with the witnesses before named And all and sundry things above written so done as said I heard saw know and took in note And therefore
22. the present public instrument written by David Miller my scribe I have thereupon drawn up And with my name surname and [sign]
23. and [wont] have signed and subscribed the same in corroboration and testimony of the truth of all and sundry the premisses required
[1] In Roman numerals
[2] Sir James Melville of Halhill was the last of the Melville family to own Burntisland/Rossend Castle. He was bequeathed land in Burntisland in 1635 by his cousin Sir Robert Melville. See Burntisland Heritage
[3] Precept – order issued to the baillif for the holding of a court
[4] Thereuntill – to that purpose, action, place etc
[5] Scryving – signing, writing
[6] Umquill – the late, deceased
[7] Teind – or tithe – proportion of land that can be assessed for the stipend of the clergy or to the superior landlord. Often paid in kind with produce grown on the land
[8] Sheaves – possibly of corn which is mentioned elsewhere, grown on the arable land. The phrase teynd sheaves occurs 3 times in the document.
[9] Feuferme – the tenure of land or other property in feu
[10] Written in numerals on original
[11] Undersubscryved -
[12] The word looks like beplainted – not found in DSL
[13] The word looks like an abbreviation of vidimus which means verification of authentication of a document, which fits the context
[14] the quhilk in original
[15] Premiss – the mattersd or things stated, mentioned or specified previously
[16] Scrivener – scribe or clerk
1656 notary signature
1656 Folded manuscript
