This will, now 231
years old, is in the possession of William Graham Esquire,
Meadowhead, and may aptly be inserted here in sequence to the
foregoing valuation rolls, as illustrating how lands and heritages
“change and chop about” from one lord ling to another, and how in
the absence of male heirs females inherit and transmit some estate.
At the same time it gives one peep into the fireside or domestic
circle of two noble families in the parish of West Calder as
constituted in the year 1654, the one having given his only child
and daughter, some time previously in marriage, was now arranging
that his estate should offer to her and her husband—the parents of a
goodly flock, the male-heirs of which also faded away in the early
part of this century, leaving ‘Douglas’ an assumed name by female
right of descent.
The quaint document is before me as I write, and bespeakes its own
age and story. The paper and hand writing are beautiful specimens of
the artistic tastes of the period, which in many instances were less
utilitarian than now.
The writer was a dominie in the ancient historic parish of St.
John’s of Torphichen, and seems to have been learned in the Old
Scots Law—a fact worth noting, seeing ministers and lawyers did not
disdain to become schoolmasters till something better turned up. The
language employed was then, and had long been the national and
fashionable literature or dialect of the Scottish people and court.
Premising that this James Sandilands, then an old man, was son of
one Lord Torphichen and brother of anotlier : I will now give the
will verbatim et literatim in its own simplicity.
(Copy.)
Contract of alienation between James Sandilands of Muirsdykes, &c.,
and James Douglas of Badds.
Dated 20 March, 1654,
At Calder the t wen tie day of March the yeir of God Jmvic and
fyftie fowr yeiris. It is appoyntit conbractit and aggreit betwixe
the pairteis following. They ar to say James Sandilandis of
Mnirsdykis with the special! advyse consent and assent of Margret
Somer-vaill his spouse On the ane pairt And James Douglas of Baddis
on the other pairt In maner following That is to say, fForsameikle
as the said James Sandilandis hes no childrien now on lyfe Bot only
Jeane {Sandilandis spouse to the said James Douglas of Baddis, And
now being resolved to provyde his landis and heritage in his own
lyfetyme for eschewing questions and controversies whiche may aryse
thairanent efter his deceise Thairfoir the said James Sandilands
with consent of the said Margret Somervaill his spouse for the love
and^favour quhilk he hath and bears to the’said James Douglas and
Jeane Sandilands his spouse, And to thair many hopefull childreni',
and for the obleisments conditions provisions and reservations
erterspecifeit And speciallie for the souraes of money conteinit in
ane band of the dait of thir presentis grantit be the said James
Douglas to the said James Sandilands The said James Sandilands with
consent as said is, sells annaleis and dispones to and in favours of
the said James Douglas and the airs laufullie procreat or to be
procreat betwixe him and the said Jeane Sandilands his spouse All
and haill the lands of Muirisdyks with howsses biggiugis yairds
tofts crofts muires mosses commonties pairts pendicles and all and
sindrie thair pertinents lyand within the Barrony of Calder,
parochen of Wast Calder and shirefdome of Edinburgh (reservand
always to the said James Sandilands, and the said Margret Somervaill
his spouse and longest leiver of tham twa thair lyfrent rycht
actnall and reall possessioim of the saids haill lands with thair
haill pertinents maills and dewties thairof duiring all the days of
thair lyfetyme) And the said James Sandilands binds and oblaisses
him his airs and assignays with all convenient diligence To inf eft
and sease the said James Douglas and the airs laufullie procreat or
to be procreat betwixt him and the said Jean Sandilands his spouse
In all and haill the saids lands of Muirisdyks with the pertinents
In dew and competent forme ar effeirs Be charter precept of Seas
sing and Instrument of Sessing to follow thairupon To be lialden fra
him of his Immediate superior of the saids lands siklyke and alse
frilie in all respects As the said James Sandilands his predices-sours
or authors holds or may hold the samyne And that atlier be
resignatroime or confirmative m as best sail pleis the said James
Douglas and his foirsaids with sufficient clausses of warrandice to
be conteinit thairintill And it is speciallie aggro it upon, and
condiscendit unto be mutuall consent of bothe pairteis That if it
sail pleis the said James Sandilands to desyre to have the power of
his own lands reestablished in his own person to be other ways
disposed upon induiring his own lyfe-tyme the said James Douglas
binds and oblcis-,ses him his airs and assignays To repone the .said
James Sandilands to his full rycht and title of the saids lands of
Muirisdyks and to that effect To quyte clame renunce and dispone the
whole benefite of this present contract and infeftment to follow
heir upon with all that lies followed or may follow thairupon To and
in favouris of the said James Sandilands lie always relei van d the
said James Douglas and his foirsaids of all bands gran tit be the
saids James Douglase to him and of all bur-theins sowms of money or
debts whiclie the said James Douglas lie’s undertaikin, or sail
tmdertak for him any tyme befoir his deceis, Ariel heirunto and to
all and sindrie the premisses both the saids pairteis bind and
obleis-ses thame and their foirsaids [and ilk ane] to* otheris with
consent of the said Margret So-mervaill to stand and abyde thftirat
firme and stable in all the conditions above expressed And to
reiterate thir presents in more ampill forme and manner as athers of
the saids pairteis shall think necessav And for the mair securitie
Bothe the saids pairteis ar content and consents that thir presents
be insert and registrate in the cowrt buiks of Justice or any other
cowrt books of any judge or Judgis within this nation, To have the
siienth of ane decreit of ather of tin saids J udgis with thair
auctoritie interponeit thairto That lettres of !iorning on sex days
onlye, And others neid-full may pas heirupon in forme as effeirs and
constitutes
Thair law full procervatours &c. In witnes quhairof both the saids
pairteis lies subscryint thir presents (writtin be Allane Tennent
scho'olemaister in Torphichen) with thair hands, day, moneth, place,
and yeir of God foirsaid Befoir thir witnesses Master Williame
Sandelanclis of Ililderstoun and
Master Patrik Weir schoolmaster at Calder with others divers.
[signed] M.S. j. Sandilandis
J. Douglas Mr W. Sandelandis witnes Mr P. Weir witnes. |