A Dictionary of the Older Scottish Tongue (up to 1700)
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First published 1963 (DOST Vol. III).
This entry has not been updated since then but may contain minor corrections and revisions.
Lege pouste(e, Liege pousté, n. Also: leg, legis; leige, leigis, leidge; lig(e); and poustie, pousty, powste(e, powysté; posté, postye, -ie, -ay. [North. ME. legge pousté (1340), otherwise appar. only Sc., OF. lige poesté, med.L. potestas ligia.]
The state of being in health and full possession of one's faculties; ‘that state of health which gives a person full power to dispose, mortis causa, or otherwise, of his heritable property’ (Bell's Dict. Law Sc.).In law, contradistinguished from ‘death-bed’, dispositions made ‘in liege poustie’ to the prejudice of the heirs-at-law not being reducible by them as were those made ‘on deathbed’.(a) 1375 Barb. v. 165.
Bot and I lif in lege pouste [E. powyste], Thair ded sall rycht weill vengit be 14.. Acts I. 28/2.
Ilke man in his lege pouste [L. in legitima potestate sua] may sell or geyf the landis that he has of conquest in burgh to quham sa evir he will Ib. 42/2.
Suilk saw of the ayre sall nocht be herde be this resoun that the fadre gafe his landis sua in his lege pouste 1456 Hay I. 152/19.
Sa that he be wount in his hele and in his lege poustee to be cotidiane at Goddis service Ib. 227/20.
Thus, sen he was inymy in his hele and his lege poustee, and wald rycht sa be and he war hale, quhy suld he nocht be sa haldin in his woodnes inymy? Ib. 254/31.
Bot sen the Quene was on lyve, and in lege poustee, this argument has na foundement 1458 Peebles B. Rec. I. 129.
Becawis scho had cofit fra hir son in his leg poste qwyl he was lewand 1462 Ib. 143.
The quhylkis scho alegit was gevyn to her by … her fadyr in his legis pouste 1545 Reg. Privy S. III. 201/2.
The said James decessit untestit without ony lauchfull dispositioun maid be him thairof in his legepostye 1575 Edinb. Test. III. 426.
I George Grahame being in my lege pouste veseit be the hand of God with sair infirmitie of seiknes [etc.](b)14.. Burgh Laws xxv (B).
In his liege poustie(c 1580) Alex. ii. 3120, 3153, 8575.
Gif I leif lang in liege pouste 1545 Acts & Decr. II. 30 b.
The said maister Thomas spous … in hir childbedlair and liegepouste … confessit … that scho had the said Margarettis money 1609 Skene Reg. Maj. i. 30.
It is lesome to ilk man to give ane reasonabill portion of his lands to quhom he pleases induring his lifetime, in his liege poustie, Nevertheles, vpon his dead bed … it is not permitted to him to doe the samine 1684 Decis. Lords F. 63.
He … finding the foresaid disposition to have been granted when he was in liege pouste 1681 Stair Inst. iii. iv. 28.
In what cases the law accounteth parties to be on deathbed or when they are in health and liege poustie, for these are the two opposite terms of law, liege poustie or deathbed(c) 1523 Selkirk B. Ct. fol. 103 a.
The quilk [land], as he allegeis, wmquhill Robert Scot … analit to him in his leigis poustis [sic] 1524–5 Ib. 110 b.
I gaif ȝou it quhen I was haill in my leige powstee for ane merk a1633 Hope Major Pract. I. 303.
Indureing his lyfetyme in his leidge pousty(d) 1557–8 Rec. Earld. Orkney 262.
Quhilk … my said fader g[aif to] the [said James] for the kyndnes done to my fader be the said James in hys ligepostay 1591 Edinb. Test. XXII. 286.
Maillie McEwyen being on hir lig postie maid hir legacie & latterwill; … hir hand on the pen led on hir lig postie becaus scho could nocht writt hir self 1597 Skene Verb. S. s.v. Bastardvs.
In his lige pousty and induring his lifetime