Author Topic: Explanation of an unusual sasine - not deciphering  (Read 1061 times)

Offline goldie61

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Explanation of an unusual sasine - not deciphering
« on: Saturday 04 October 14 10:30 BST (UK) »
I have come across a sasine which is not the normal passing or selling on of land between people, and don’t quite understand it.

In 1769, a James Scoular sets up a heritable bond ‘the sum of two hundred pound scots money at the due and ordinary annualrent of the said sum from the term of Whitsun ‘
to pay to some 26 gentlemen of the parish.
The first named is the schoolmaster, and then the minister of the Associate Congregation church, then various land owners and tenants.

He also states for  ‘their further and better security and more sure payment of the foresaid present sums and above rents thereof  the said James Scoular does hereby bind himself and foresaids to infeft and sease the forenamed persons and the foresaids upon their own proper charges and expenses heritably under aversion and at and under the conditions and provisions after expressed In all and haill an yearly annuity of ten pound or such an annualrent as by law for the time shall be agreeable & correspond to the foresaid sum of two hundred pound foresaid yearly to be uplifted and taken at two terms in the year Whitsun and Martinmass by equal portions’

There are several pages of a lot of legal stuff, but this seems to be the gist of it.

Does this mean that Mr Scoular is giving all these gentlemen an annuity of £10 a year? That would seem an awful lot of money. And why would he do that? – there is no reason mentioned in the sasine.
Perhaps it had something to do with the church? I believe the Strathaven United Presbyterian church was formed about this time (around 1764), being an offshoot of the Associate Presbytery near East Kilbride some distance away. And I know my ancestor, (who is third named in the long list of ‘creditors’), were members of this church.

I can’t find out much about James Scoular. He only has one other sasine in the indexes – so not somebody of any great wealth buying or selling land.

Can anybody help?
Many thanks
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline GR2

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Re: Explanation of an unusual sasine - not deciphering
« Reply #1 on: Saturday 04 October 14 18:14 BST (UK) »
You could always check to see if the people are mentioned in the on-line catalogue of the National Archives of Scotland. Also see if the church records survive for the period. It sounds very much as if this bond is connected in some way to the church.

The sum of £200 Scots in the bond will produce an annualrent or interest of £10 Scots a year and this will be paid (presumably to the church) in two instalments. In Sterling terms, 8/4d is paid out every six months. It is not unusual for sasines to be granted in this kind of case. The schoolmaster normally served as the Session Clerk and the men listed may well be the heritors and elders or representatives of the heads of families in the congregation.

Offline goldie61

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Re: Explanation of an unusual sasine - not deciphering
« Reply #2 on: Tuesday 07 October 14 21:35 BST (UK) »
Thanks GR2.
I wonder why it doesn't specifically mention anywhere in it that the the annual payment is actually to the church?. In fact the church is only mentioned as the second person in the list is the minister.
It certainly makes it sound as if all these men are to receive the money! which really doesn't make a lot of sense. That would be a huge amount of money.

Very interesting.
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline GR2

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Re: Explanation of an unusual sasine - not deciphering
« Reply #3 on: Tuesday 07 October 14 23:07 BST (UK) »
It was common for folk to give money for the use of the church, to support the poor, maintain a bridge etc. The capital was normally lent out to someone who then paid interest which was applied for the purpose intended. 16/8d Sterling a year would not go far amongst all these people. The problem with many sasines is that what you have is the instrument of sasine. The precept of sasine, which details the reason for the transfer, was a separate document. It is referred to in the instrument, but not always in detail.


Offline DonM

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Re: Explanation of an unusual sasine - not deciphering
« Reply #4 on: Tuesday 07 October 14 23:33 BST (UK) »
This was for the Associate Church completed in 1767. It was the membership fee, churches sold memberships to offset construction costs, in this case it was £200.  In other Parishes such as Glasgow I have seen the fee set as high as £400.  There are a number of books about this in the Mitchell and the National in Edinburgh, this is the only one I have read that is online which touches this subject.

The History of the Congregations of the UP Church https://archive.org/details/historyofpresbyt01smaluoft 

HTH
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Offline goldie61

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Re: Explanation of an unusual sasine - not deciphering
« Reply #5 on: Thursday 09 October 14 20:31 BST (UK) »
Thanks GR2 and Don.
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs