A Dictionary of the Older Scottish Tongue (up to 1700)
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First published 2002 (DOST Vol. XI).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1576-1688
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Transactioun, -tion(e, n. [Late ME and 17th c. Eng. transaction (c1460), F. transaction, L. transactiōn-.] In legal usage: ‘Any agreement … tending to the settlement of doubtful or controverted claims' Bell Dict. Law Scotl. (see also Stair quots. below); an agreement more generally.1576 Kirkcudbr. B. Rec. I 11.
The defendar allegit … that the samen caus suld proceid na forder in respect of aggrement and transactioun … and for verificatioun thairof producit ane copie … of ane contract … be the quhilk the said defendar allegit it was endit and aggreit betuix the saids parteis 1597 Skene Verb. S. s.v. Broccarii.
Mediatours, or intercessours in onie transaction, paction, or contract 1613 Orkney & Shetl. Ct. Bk. (ed.) 59.
He offeris him to prove that be transactioun maid betuix the said William Feaw and the said Wiliam Corrigill, persewar, the said William [Corrigill] acceptit infeftment of his landis in Feaw … in satisfactioun 1615 Buccleuch MSS I 167.
[The spice trade] is appropriated to the Hollanders as well by right of conquest as by transaction a1633 Hope Major Pract. II 107.
Transactione maid with any one of the spuilȝiers takes away the action against all the rest a1633 Hope Major Pract. II 264.
Transactione or composition is not probable be wittnesses 1642 Orkney Rentals iii 19.
I aggreit with him and coft his right … I fand little or no commoditie therby … The cause of my transactione was to gett him oute of possessione 1681 Stair Inst. i xvii § 2.
Transaction may be interposed in the matter of all contracts … whereby all pleas and controversies may be prevented … for thereby all parties transacting quit some part of what they claim to redeem the vexation and uncertain event of pleas 1681 Stair Inst. i xvii § 2.
The word transaction is variously taken, so the administration of any affair is commonly called a transaction … but a proper transaction must imply the doubtful event of a plea … it is more the uncertain event than the trouble of legal process that makes a transaction … both parties acknowledge that the matter is dubious … and therefore either party remits their claims and come to a middle agreement 1684 Symson Descr. Galloway 98.
This measure should be burnt and seal'd by the magistrats of Wigton, and is call'd, in bargains and written transactions met and measure of Wigton
b. pl. A record of the proceedings of a society or the like.1688 Lauder Notices Affairs II 858.
Mr. John Cockburn, Minister at Ormestoun, haveing got ane licence to print the monethly transactions
