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A Dictionary of the Older Scottish Tongue (up to 1700)

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First published 1990 (DOST Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.

Retentio(u)n(e, -cioun, n. Also: (rentention). [Late ME and e.m.E. retencioun (c1400), -tion, OF retencion, -tion (1291 in Larousse), L. retentiōn-, f. retinēre Retene v.]

1. In legal use: The right of an owner to withhold a property, or profits accruing from this, from a party to whom the property is due to be conveyed until the latter has fulfilled some counter-obligation. b. A source of profit, or profits, so retained; ? the action of retaining such profit or profits. 1681 Stair Inst. (1832).
‘The right of retention, as originally understood and established in our law, seems to have been much obscured and perverted by the modern attempts … to assimilate it to the English doctrine of lien’ Notes p. cxxxi toAlso attrib. with money.(1) 1551 Dundee B. Ct. II fol. 111b (10 Nov.).
The said baillie gaif to hir … sesing thare of but ony retencioun pactioun de retro vendendo or reseruatioun except his said lyfrent allanerlie 1580–1 Reg. Privy C. III 362.
Nather can the said bischop have actioun aganis the said David for retentioun of the thrid of the said pensioun a1633 Hope Major Pract. II 123.
Ane claus of retentione of mony … did not prejudge him of the warrandice of the lands against the cautioner; except the retentione had bein per expressum introduced in favors of the cautioners 1681 Stair Inst. i xviii § 7.
Retention is not an absolute extinction of the obligation of repayment, … but rather a suspension thereof, till satisfaction be made to the retainer; and therefore it is rather a dilatory than a peremptory exception.… Such is the right of mandatars [etc.] … who have interest to retain the things possessed by them until the necessary … expenses wared out by them thereupon be satisfied Ib. iv xlv § 14.
Such is the presumption of simulation from retention of possession — 1692 Galloway P. 28 April.
For ane quarters retention deduced & reteined by his lordship as the annuelrent … of 3000 merks … granted … to … Patrick Don ?1699 Kirkcudbr. Sheriff Ct. Deeds II 764.
Annualrent therof … wanting a quartor rentention alloued is [etc.](2) 1640 Spalding I 249.
That the debitor sall haue retentioun fra his creditor in the first end of the rent or anuelrent of the dew proportionall pairt of the said soume 1645 Acts VI i 447/2.
That … the persones who have furnished quarteres shall have retentione pro tanto in the first end of the mentenance for thair quartering since that tyme 1680 Fountainhall Decis. I 95.
He should have retention of his tack-duty till he were reimbursed of his meliorationsattrib. 1697 Bk. Dunvegan 252.
Withal the due and ordinar retentione money imposed by Act of Parliament

b. In general use: The action of withholding something temporarily. 1616–17 Misc. Hist. Soc. X 110.
The pastor shall not suddenlie give the bread out of his hand, bot by a discret retention stirre up them who are neerest him to a devout and reverent ressaving

2. The confinement or imprisonment of a person. 1579 Reg. Privy C. III 248.
Tuicheing the retentioun of the said Laurence and putting of him to libertie as a frie persoun c1610 Melville Mem. 17.

3. The action of keeping (a person) in an office. 1642 Baillie II 10.
They would kyth passionat for my retention