COMPLETED Great Seal of Scotland Latin help, please

[Rufous Treecreeper]

Hello,

I'm hoping that some better educated person on here could tell me what the following information about George Auchinleck of Balmanno and his family means - doesn't have to be a full on translation just the general gist of it would be great. 

Thanks, Mo 

ps sorry the quality is poor.

[GR2]

At Aberdeen, 2nd August
The King etc., has granted to George Auchinleck of Balmanno - a third part of the lands and barony of Balgownie, with the tenants, etc. etc., mills and multures of the same, and a third part of the lands of Shethin, Little Meldrum, Fingask, a third part of the fishing of one boat (and) the "fish bait" in the sea harbour of Pittendrum, incorporated together, also another third part of the said lands and barony viz. Balgownie, Murcar, Westfield, with the calling of a chaplainry at the altar of St Dominic founded within the cathedral church of Aberdeen at alternate times, a third part of the second part of the lands and barony of Dunlop, with their mills, multures, tenants etc., the patronage of the church of Dunlop, in the county of Forfar; which William Auchinleck of Shethin has personally resigned: to be held by the said George and his heirs male legitimately begotten of his body, failing which, by Archibald Auchinleck his brother and the heirs etc. (as above), failing which, by John Auchinleck his brother and the heirs etc. (as above), failing which, by Adam Auchinleck his brother and his heirs etc. (as above), failing which, by James Auchinleck his brother and the heirs etc. (as above), failing which, by the nearer and legitimate male heirs of the said George Auchinleck whomsoever, bearing the arms and name of Auchinleck, failing which, by the nearer and legitimate heirs or assignees of the said George Auchinleck whomsoever: - In return for the laws, service owed and customs: - reserving to the said William the life tenement and to Elizabeth Cheyne his spouse, the liferent of the towns and lands of Balgownie, Murcar, Westfield, the corn mills and fulling mills and the "Alehouse Croft" of the same, Fingask, Chapelhill and the mills of the same, with the reasonable terce of the remainder, when it should happen.

In this charter (of which this is an abbreviation) William Auchinleck resigns his lands into the hands of the King, who grants them to George, in fee. William retains actual income and control of the lands during his own lifetime, though George has the fee. He also makes provision for his wife over and above the third or terce which a widow would be due. George's other brothers are listed in order of age.

Graham

[Rufous Treecreeper]

Thanks (again) for the Latin translation, Graham.  Very much appreciated   

The only problem is that William Auchinleck wasn't George Auchinleck's father.  Some say he was his father in law, as George had a wife Elizabeth Auchinleck but I've found no definate proof that she was William's daughter.  The letter below, written by George's son, George, explains the situation.  Surely if his mother had been the daughter of William he would have said so in the letter? 

Also wondering, does it appear to you that this granting of tha lands was before George was married and had heirs, because of his brothers being named?

Thanks again, Mo

[GR2]

I was making the assumption, in what I wrote after the translation, that George was William's son. I have changed this to remove the word son. The Latin "procreatis" implies that George already has children, although sometimes the word is loosely used by writers of documents. The charter from the king may be written some time after William resigned the properties to George. The trouble with such documents is that they don't always say why the property is being/has been transferred. If it is just sold, the fact and price are rarely mentioned.

If there are no further mentions of George or William in the Register of the Great Seal which might clarify matters, other possibilities are to look in the Register of the Privy Seal (again it has been published and available in major Scottish libraries) or in the Register of Deeds. The Register of Deeds is held in the National Archives in Edinburgh and records all sorts of things, including marriage contracts etc. Not everything, however, was recorded. There is an index with a brief summary from 1554-1595. Thereafter until the 1660s there is no index.

Graham.

[Rufous Treecreeper]

Thanks for the clarification and advice, Graham.  Unfortunately I can't check the documents you mention as I'm in Australia but I'm very thankful what I have found via the internet.

Cheers,
Mo

[cranerea]

William Auchinleck of Gallowhill was the father of Elizabeth Auchinleck, the first wife of George Auchinleck of Balmanno.

Because William Auchinleck of Shethin was the only son of James Auchinleck of Kenmay, the eldest son of Mr. John Auchinleck (second son of Sir John Auchinleck with the first, James, having no male issue), William was the male-heir of the line. As William Auchinleck of Shethin only had five daughters and no legitimate male-heirs, the next male heir would be the next oldest brother of James Auchinleck who had male issue. This is why William Auchinleck of Shethin issued the charter to George Auchinleck of Balmanno, Andrew's son. 

The  "filii fratis abavi" that was used with reference to George's son, George, could also be translated as "ancestor's nephew", which was what William Auchinleck of Shethin was to George's ancestor.