Summary

This document concerns 3 members of the Melville family. James Melville of Hallhill [1]was the second of that name, whose illustrious father had died in 1617. He  married Catherine Learmonth before 1615, so must have been at least 50 years old at the time of this document.  In 1636, James Melville  2nd of Hallhill had inherited lands of Nether Grange in Kinghorn Wester (now the Kirkton area of Burntisland). The document is signed by him and his eldest lawful son, Sir James Melville  3rd of Hallhill and Burntisland. He married Margaret Farquhar in 1645, and died in 1664. He sold the barony of Burntisland to General James Wemyss some time before 1661, to settle debts. The document is witnessed by William Melville, “lawful son to me the said James Melville”, that is the son of James Melville  2nd of Hallhill.[2]

The Melvilles had borrowed 600 Scots merks from Thomas Dewar, a Burntisland Burgess, plus a sum of 100 merks for expenses, with interest of  42 merks annually to be repaid by Whitsunday 1646 in equal parts at Martinmass and Whitsunday.. To be paid to Thomas or his youngest son (also Thomas) if Thomas Snr dies.    The agreement was to be registered in the books of council and session in Edinburgh and St Andrews.

[1] (545) Page 447 - Melvilles, Earls of Melville, and the Leslies, Earls of Leven > Memoirs - Histories of Scottish families - National Library of Scotland

[1] The Scots peerage; founded on Wood's edition of Sir Robert Douglas's peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom

[1] Feare = The owner of the fee-simple of a property. Dictionery of Scots Language (DSL)

[1] Tenor – meaning, substance, wording  eg of a legal document DSL

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1.      I James Melvill of Halhill and Sir James Melvill of Brintiland

2.      Knuicht, Feare[1] thairof, my eldest lawfull sone. Be the tenor[2] hereof Grant us

3.      To have borrowit and receveit [Beallie] and with effect fra Thomas deware

4.      Burges of Brintiland, the of sex hunderith merkis numerat money gude

5.      And [usuall] of this realme. Quhairof we grant the compleat recept with

6.      Full exoneration thereof [aith[3]]of pairtie; and all utheris exceptionnes of the Law

7.      Quhat[sumeevir]. Quhilk[4] haill sowne of sex hundereth merkis with

8.      Fourtie twa merkis money for the annalrent thairof. To the termes of payment

9.      Underwritten . We faithfullie promitt bind and obleiss us to juinttlie and

10. Severallie oure airis executors assignaiss successors to us in oure landis heretages annalrents

11. Guidis geare and intromittors[5] thairwith quhatsumevir. Thankfullie to content pay

12. And redelyver agane, To the said Thomas deware; and failyeand of him be deceiss

13. To Thomas deware youngare his lawful youngest sonne his airis executors or assigneis

14. Betwixt the dait hiereof and the terme of Whitsonday nixttocum jaivic[6] fourtie sex

15. Yeiris But [forder] delay. Togidder with the sowme of ane hundereth merkis

16. Money foirsaid as for expenssis liquidat presentlie modifeit in caise of failzie[7]

17. Togidder also with ane annalrent[8] of fourtie twa merkis money abovewritten

18. For the said principall sowme yeirlie and termelie at twa usuall termes in the yeir

19. Martymes and Witsonday. Be equall mid portiones, Swa lang as the samene

20. Principall sowme sall happin to remaine unpayit efter the terme above specifeit

21. Not withstanding of quhatsumivir exceptionnes of the law that may be objectit

22. In the contrair, and but prejudice [materyles] of the executionn of this present

23. Obligation for payment of the said principall sowme; expensses liquidat and [byrun ][9]

24. Anuallis of the said annualrent, thrbe any sall happin to be restand[10] awand[11]

25. Without ony maner of premonition to be maid thairanent. And for the

[1] Feare = The owner of the fee-simple of a property. Dictionery of Scots Language (DSL)

[2] Tenor – meaning, substance, wording  eg of a legal document DSL

[3] Aith – oath DSL

[4] Quhilk – which. In several words the Quh becomes the modern Wh eg Quhair = where Quhat = what.

[5] Intromitt – to occupy oneself, especially by interference or intrusion, with property or possessions belonging to another  DSL

[6] 1600

[7] Failzie – failure. The letter that looks like z is actually the defunct “yogh” which sounds like y

[8] Annualrent – interest on a loan, not actually rent . Understanding documents for Genealogy & Locval History by Bruce Durie p 261

[9] Byrun – expired, of time past or due for, past time. DSL

[10] Restand – the outstanding amount DSL

[11] Awand – debt, due to be paid

Continued

1.      Mair securitie we ar baith content and consents that thir presents be Registrat

2.      In the bukis of counsill and sessionn comissory of Edinburgh Sanctandrois or

3.       ony utheris judges buikis neidful To have the strenth of thair decreit ordinare

4.      With all neidfull letters of horning [1]upone sex dayes warning and poynding[2] to pass

5.      Thairupone. The ane executionn but prejudice of the uther and for Regratting[3]

6.       Thairof [consenntis]

7.      Oure lawfull procurators to junctlie and severallie promitten de rato [  ]

8.       In witness quhairof we haive subscryveit with or handis thir presents wreittin

9.       Be alexander dick burgess of Brintiland. At Brintiland the twentie aucht

10.  Day of junii The yeir of god jaivic fourtie fyve yeiris Befoir thir witnesses

11.  Williame Melville sone lawfull to me the said James Melvill. Robert

12.  Balfour brother germane[4] to umquill michaell balfour of newgrange and Johne

13. Tuiloche my servitor

signed

Ja: Melvill                                  James Melvill

                                                        of Halhill

                                                        William Melvill       witnis

                                                        Jhon Tulogh           witnes

                                                        Robert Balfoure       witnes

[1] Letters of horning – writ obtained by a creditior ordering debtor to pay or be declared a criminal

[2] Poynding/poinding – seizing land or goods to discharge a debt

[3] Regratting – buying goods for purpose of resale at same market or nearby

[4] Brother germane – having the same parents, full brother

TRANSLATION

1.       I James Melville of Halhill and Sir James Melville of Burntisland

2.      Knight, fuer thereof,  my eldest lawful son. By the wording  hereof, grant [us]

3.      To have borrowed and received [ bail] and with effect from Thomas Dewar

4.      Burgess of Burntisland the sum of six hundred merks underwritten, good  money

5.      And usual of this realm. Whereof we grant the complete receipt with

6.      Full exoneration  by oath of the   parties; and all other exceptions of the law

7.      Whatsoever. Which whole sum of six hundred merks with

8.      Forty two merks money for the annual rent thereof, to the terms of payment

9.      Underwtitten, we faithfully promise bind and oblige us to jointly and

10. Severally our heirs, executors, assignees, successors to us in our lands, heritages, annual rents

11. Goods, gear and intromittors therewith whatsoever. Thankfully to content pay

12. And redeliver again to the said Thomas Dewar; and if he dies

13. To Thomas Dewar younger, his lawful youngest son, his heirs executors or assignees

14. Between  the date thereof and the term of next Whitsunday  1646

15. Years without further  delay. Together with the sum of one hundred merks

16. Money foresaid  for liquid  expenses presently modified in case of failure,

17. Together also with an annualrent of forty two merks money above written

18. For the said principle sum yearly and termly at two usual terms in the year,

19. Martinmass and Whitsunday, by equal half portions, so long as the same

20. Principle sum shall happen to remain unpaid after the term above specified

21. Not withstanding of whatsoever exceptions of the law that may be objected

22. To the contrary, and without  prejudice [material ] of the execution of this present

23. Obligation for payment of the said principle sum;liquid expenses and payment due

24. Annually  of the said annualrent thereby any shall happen to be outstanding debt

25. Without any manner of premonition to be made there about. And for

26. More security we are both content and consent that their presence be registered

27. In the books of council and session Commissary of Edinburgh, St Andrews or

28. Any other necessary  judges books.To have the strength of their decree ordinary.

29. With all necessary letters  of horning upon six days warning, and poinding to pass

30. Thereupon. The one execution without prejudice of the other and for reselling

31. Thereof consents.

32. Our lawful procurators to jointly and severally promise de rato  [       ]  

33. In withness whereof we have undersigned with our hands, written  [in] their presence

34. By Alexander Dick, Burgess of Burntisland. At Burntisland the twenty eighth

35. Day of June the year of god sixteen hundred forty five years before their witnesses

36. William Melville lawful son to me the said james Melville . Robert

37. Balfour full brother  of the late Michael Balfour of Newgrange and John

38. Tulloch my servant

signed

Ja: Melville                                               James Melville

                                                                of Halhill

                                                                William Melville       witness

                                                                Johne Tulloch           witness

                                                                Robert Balfour         witness