The Scottish language has changed over the
years, being influenced by other languages and
cultures. This section provides you with a definition
of those words and phrases commonly found in
documents and records throughout Scotland's
archives. If you know of a word you would like
added to the Glossary then please contact
us.
the Scottish legal terms for what is common
knowledge or generally accepted by people as
a fact; usually applied to one way in which
a marriage could be recognised, which was by
two people living together and being commonly
looked on by others as being man and wife
halked; halkit, hawkit
(mainly relating to cattle) spotted or streaked
with white; white-faced
can come in various forms. The heir
general is one who succeeds to both the heritable
and moveable
property of a deceased person, who also
happens to be that person's heir at law and
heir by normal course of succession (his heir
of line); the heir of provision on the other
hand, is one who succeeds by virtue of the terms
of a settlement or some express provision; "heir
special" refers to the right of an heir
to receive infeftment
in particular lands, and heirs portioners are
women who succeed jointly to heritable property;
see alsoapparent
heir
heirship
moveables
certain moveable goods (generally the best)
belonging to the deceased, to which the heir
in heritage was entitled by law
one of the two types of property recognised
in Scots law. This concerns all rights
to land and whatever goes with land, houses,
mills, fishings, teinds
and so on. (The other type is, of course, moveable
property, which comprises just about everything
else. The laws and documents relating
to each type of property are different).
the landed proprietors in each parish who
were responsible for the upkeep of the parish
church, the parish school, payment of the minister's
stipend
and schoolmaster's salary etc.
hership
nothing to do with heirship (though it is
sometimes spelt the same); this is the crime
of making away with someone's cattle by force
one of the forms of diligence;
the comparatively mild one. Takes the
form (as they generally do) of a letter in the
monarch's name under the signet
seal. Which is sent to a law officer
instructing him to charge someone who has defaulted
on an agreement to pay or perform what he had
agreed within a set time under pain of being
denounced rebel and " put to the horn "
- it opens the way for the action by which the
defaulter's moveables can escheat
to the Crown in theory and in fact be sold to
satisfy the complainer in practice. See poinding.
hypothec
rather difficult to explain since it is really
" hypothetical"; it could be said
to be an understood security, right or claim
which a creditor might have over something belonging
to his debtor (or potential debtor). For
example, a landlord could be said to have a
hypothec over the crops grown by his tenants
in any particular year, for the rents due for
that year
