Document 3/11/26 (Fraser Papers, no. 1)
- Description
- Ewen, son of Conan, for Coupar Angus Abbey; has pledged his whole wood of 'Kelbrochachi' (PER?) for 20 marks which they granted to him, payment of which pennies he holds and quitclaims. If Ewen or any of his heirs should pledge (i.e., wadset) any part of his land of 'Kelbrochachy' before the money is repaid, said religious men should have said land before any others. Moreover, whenever Ewen or his heirs have repaid the 20 marks to abbot and convent, the said wood with present document is to return freely to himself and his heirs without any contradiction, saving to abbot and convent their common in said wood, which they had by collation of his ancestors of old. He renounces for himself and his heirs all exceptions of all and of fact, all prohibition, the aid of law, whether canon or civil, all letters obtained from courts and all indulgences for the Crusades. Moreover, he has submitted himself and his heirs to the jurisdiction of Master W., archdeacon, and Mr. H., official, of Dunkeld, who may without warning pronounce sentence of excommunication against him and his heirs and sentence of interdict against their lands if they contravene this grant, relaxation not being granted until abbot and convent are satisfied, which was to be assessed by the abbot and two of the monks without any other proof.
- Firm date
- 9 October 1282
- Dating Notes
- Day of St Denis, 1282
- Place date (modern)
- Perth (White chapel of Carmelite Friars)
- Place date (document)
- album capellam fratrum ordinis de Monte Carmely apud Perth
- Related Place
- Perth
- Source for Data Entry
- Papers from the collection of Sir William Fraser, ed. J.R.N. Macphail. Scottish History Society, 3rd ser, vol. 5 (1924), Miscellaneous Papers, 217-19, no. 1.
- Trad. ID
- Fraser Papers, no. 1
- Calendar number
- 3/11/26
- Charter type
- Charter
- Language
- Latin
- Original (contemporary)
- yes
- Notes
- This is an early example of the Scots document later known as a wadset. OED: 1. Sc. Law. 'The conveyance of land in pledge for, or in satisfaction of, a debt or obligation, with a reserved power to the debtor to recover his lands, on payment or performance' (Bell). Phr. (to have, lie) in wadset.