William Masterton (fl 1488-1515)
Burgess of Dunfermline
William Mastirtone appears many times as a member of assizes betweeen 1488 and 1515, by which time he was also the sergeant of the burgh. William Maistertoun is included with a number of others. accused of a wrongful decision in an assize in 1491 that reached the Lords Auditors of Causes and Complaints.
Genealogy
The references to William are well before the earliest records in the Old parish Registers. The Burgh records do, however, identify two relationships, which may lead to the conclusion that there were two William Mastertons in Dunfermline at the same time. And why not?
Page 329 in the original MS of the Burgh records refers to William Masterton and his spouse Elizabeth Edward in 1498. Page 331 refers to William Masterton and his wife Allison, also in 1498. The transactions refer to different properties. So, unless William was a multiple landowner and a serial husband, it would imply that these refer to two different William Mastertons. Another explanation could be that one or other of the charters refers to a much earlier transaction, and that Allison, for example, was William's second wife.
Acts of Lords Auditors of Causes and Complaints
1468-94
Apud Edinburgh. 11th February 1491
1839. In the action and cause issued by Thomas Lawsoun against Robert Sharp, William Stevinsoun, Johne neif, Johne Purrok, William maistertoun, Johne andfoun, Robert purrok, Johne Brison, Johne Trubule (Turnbull), Johne Carnis, Johne Nichole, Johne Blakat, James Malcom James Mcray, Adam Man as they p passed upon the suing of a brief of Inquest of the Abbot of Dunfermline Chappell Impetrate by the said Thomas Lawson upon the lad at annual Rental with th, ptinetf liand in the burgh of Dunfermline pertaining to said Thomas by reason of heritage by the decease of umquhile Johne Lawsoun his brother for their error and wrongs delivering in the suing of the said brief/ because they have delivered / and Retournit a certain land and tenement a Croft in the south part of the said burgh betwixt the land of Adam Annand on the south side and the land of umquhile Andro James on the north and part to be in the hadf of marioun the spouse of the said umquhile Johen Lawson by reason of Coniuctfeftment howbeit the contrare was manifest knowin as wes allegit And they Retourit the said Thomas n’reft Are to the said land tenement and Croft at na thing being shown nor produced before them by the said Marioun nor nai of her behalf / at the said land and Croft pertaining to her as was alleged.
And the said marioun for her Interest in the said matter. The said assize at Marioun being lawfully summoned oft tymes called and not comperit the said Thomas being pnt producit and schew a decrett of the lords of counsale declaring that the persons that passed upon the surviving of the breves purchased by the said Thomas in the said matter of before had erred ‘t his vyis allegatiouns hard ‘t undftadi. The lords auditors decrett ‘t deliv’is pat the said brief because they found that the said marioun was in coniuctfefment of the land and croft forsaid / not being shown to them thereupon.
And also because it was decreed by the lords of council of before that Johne blakat, James malcom, James mcray and Adam Man and the remanet of the personis that passed upon the suing of the said first brief had erred and therefore the lords auditors dec’nis and declares the said Retour and all that followit thereupon of no avale force nor effect. In tyme tocu. And ordains that trez be writti to charge the said Johne blakat James malcom James mcray and Adam Man to pai and enter there persons. In ward in the castle of Blackness within 6 days after they be charged thereto abide at Remais while they be punished for their double error and that their goods be escheat to our sovereign lords use except as thereof to be taken off each to the said Thomas’s expenses. And ordains that trez be writti to them of each of the said various persons that passed upon the said Thomas eachwise. And that he Rais new breves if it please him.
Acts of Lords Auditors of Causes and Complaints
1468-94
House of Commons
pp 162-3
London, 1839
Burgh Records of Dunfermline
1488-1584
Curia tenta in pretorio burgj de Dunfermlyne. 24th November 1495
62. The quhilk day Wilyeme Mastirtoune comperit in jugement and maid protestacione that the four s. of annuel of his land in the Nethirtovne liand betuix the land of Duncane Hardy one the west part and the commone wenal of the est part suld twrne him and his airis to na preiudice in tyme to cum and the said Wilyem proferit the samyn iiijs to Schir Johne Lame for ane akyr of land liand in the Hallbank the quhilk is in John of Bo[s]wellis airis handis.
Burgh records of Dunfermline, 1488-1584
Erskine Beveridge (ed)
William Brown
Page 62 of original MS
Edinburgh, 1917
Burgh Records of Dunfermline
1488-1584
1498
329. Possessio Vilelmi Brovne Memorandum quod anno Domini millesimo quadringentesimo nonogesimo octauo comperit befor Williem Spittail balye that tym of the burcht of Dunfermlyn Williem Mastirtone and his spous Elezabet Edwarde and thar simply and purly resignat our thar tenement of land lyand on the north sid of the Calsagat of the said burcht betuix the landis of vmquhil Dauid Bothuel airis on the est part on the ta part and the land of Alexander Wilsone on west part on the tothir part to gif heretabil stait and possessione and coniunct infeftment to discreit personis that is to say Williem Brovne and Jonet Tais spous to the said Williem.
And than in continent eftir the said resignacione I the forsaid balye at the will and command of the forsaid Willieme Mastirtovn and Elezabet Edward his spous deliuerit heretabil stait and possessione and coniunct feftment to the said Williem Brovne and Jonet his [spous] of the forsaid tenement lyand in the north sid of the Calsagait of the said burcht betuix the landis of vmquhil Dauid Bothuellis airis on the est part and the land of Alexander Wilsone on the west part be erd and stane togiddir witht ane inpenny as vs is in burcht saifand all mannis rychtis.
The forsaid Willieme Brovn payand tharfor yerly viijs of annuel at tua termes in yeir Martimes and Witsonday vsit and wont. And the forsaid Willieme is oblist to warand the forsaid tenement, of land witht the pertinens to the said Willieme Brovne and his wif the langar liffar of thame thar airis executouris and assignais vndir the pane of all his gudis present and for to cum, befor thir witnes Jhon Orok ane othir balye Allane of Wallud Thome Merschel Jhon Ray Jhon Potar Jhon Wrycht commone clerk and Thome Stevinsone seriand wytht otheris diuers.
Burgh records of Dunfermline, 1488-1584
Erskine Beveridge (ed)
William Brown
Page 329 of original MS
Edinburgh, 1917
Burgh Records of Dunfermline
1488-1584
12th November 1498
331. Possessio Johannis Flockart et Mariote eius sponse Memorandum that the xij day of Nouember the yer of Gode jm cccc Ixxxxviij Allane of Waluode ane of the balyes of the burghe of Dunfermlyn ressauit resignacioune be erde and stane togiddir witht ane out penny fra Wilyam Mastirtoune and Allesone his spovs of all and hale thar tenement of lande witht the pertenens excep the berne liand in the Rattonraw betuix the land of Andro Brovne on the est part one a part and the land of wmquhill Johne Steidman one the west part one the tothir part. And than in continent eftir the said resignacioune maid and done at the will and command of the forsadis Wilyam and Allesone his spovs of hir coniunctinfeftment I the forsaid Allan balye delyuerit heretable stait and possessione and coniunctinfeftment be erde and stane togiddir witht ane in penny to Johne Flockart and Marione his spovs of the forsaid tenement of land witht the pertinens and to the airris lauchfully gottin and to be gottin betuix thaim twa saiffing euiry mannis rychtis as law of burcht schawis. Payand yerly the sadis John and Marione aucht schillingis and iij halpennis to Andro Cristisone vjd to the Lady altar situat withtin the pariche kyrk of Dunfermlyn and iijd of burrow maill, befor thir witnes Andro Brovn Schir Thomas Karnis Will Cristisone John Wreycht yongar Sande Smytht Alexander Forbas Allan Dewar John Greynchellis and Thome Stevinsone sergeandis of the said burcht of Dunfermlyn witht vtheris diuers.
Burgh records of Dunfermline, 1488-1584
Erskine Beveridge (ed)
William Brown
Page 331 of original MS
Edinburgh, 1917
Burgh Records of Dunfermline
1488-1584
Curia burgi de Dunfermlyne tenta in pretorio eiusdem. 8th June 1501
115. The quhilk day the borcht funde be Will Mastirton apon Jhok Bighome tveching the vrangvis withthaldin of ane stane of bras and the payment tharof. It wes funde be ane assis of avale quharfor the sade John wes amerciat and dome gevin tharapon.
Burgh records of Dunfermline, 1488-1584
Erskine Beveridge (ed)
William Brown
Page 115 of original MS
Edinburgh, 1917
Selected Glossary from Burgh Records of Dunfermline
amerciament; a fine.
assis; assize, jury.
borcht; pledge, surety.
burow maill; burgh dues.
conjunct feftment; joint vesting.
dome; the sentence of court.
erd and stane; earth and stone, in connection with an ancient procedure for granting sasine.
inpenny; the coin given by a magistrate to the recipient of an infeftment.
outpenny; the coin given to a magistrate by the granter of an investiture.
Rattonraw; now West Queen Anne Street.
rychtis; rightfully.
schawis; shows.
seriand; an inferior officer of the burgh or regality courts.
stait; possession
wrangwis; wrongous.