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Scottish National Dictionary (1700–)

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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.

MISSIVE, n. Also †messive. Sc. usages: A letter (Sc. 1755 Johnson Dict., 1825 Jam.), esp. one of a formal nature giving official notice of something to the recipient; specif. in Sc. Law: a letter in which a transaction is agreed upon which may then be followed by a more formal legal document and which can be binding subject to certain provisions.Wgt. 1707 Arch. & Hist. Coll. Ayr. & Wgt. IV. 221:
Obtained be the pursewer against hir for the samen before the Laird of Langshaws Bailzie Court, as ane sygned missive . . . bears.Sc. 1773 Erskine Institute iii. ii. § 2:
Where an agreement concerning heritage is executed in the form of mutual missives, both missives must be probative; otherwise either party may resile, as in the case of an incomplete minute or contract.Sc. 1799 Morison Decisions 15226:
From the tenor of the missive, which, from its being executed without the intervention of a man of business, is to be liberally interpreted, it was evidently intended to create a lease for seven years.Sc. 1816 Scott B. Dwarf x.:
There really should be some black and white on this transaction. Sae just make me a minute, or missive, . . . and I'se write it fair ower and subscribe it before famous witnesses.Inv. 1884 Crofter's Comm. Evid. IV. 2987:
What is the rule of the estate? Is it to hold under leases or not? — To hold under leases. These leases are not always extended. Usually there is a missive and acceptance.Sc. 1932 Session Cases 712:
The missives embodied the contract between the parties until an adjusted disposition should be delivered.Sc. 1946 A. D. Gibb Legal Terms 56:
Informal and preliminary writings exchanged, though not necessarily sent, by parties negotiating for a contract, which may or may not be binding according as the nature of the contract in view does not or does demand formal writing.

Combs. and phrs.: 1. missive dues, the proportion for payment allocated to each constituent member of the Convention of Royal Burghs of the general administrative expenses of the Convention. See also Eque; 2. missive letter, = missive above; the letter sent to each of the members of the Convention of Royal Burghs announcing a meeting of that body; 3. missive of lease, a lease drawn up in the form of a missive; 4. missive of let, id.; 5. missive of sale, a missive negotiating a sale of property; 6. missive of tack, = 3.1. Sc. 1708 Rec. Conv. Burghs (1880) 463:
Approved of the agent's accounts, the disbursements in which amount to £9,386, 15s. 2d. Scots, and ordained the burghs to pay their proportions of missive dues.Sc. 1926 T. Pagan Conv. Royal Burghs Scot. 66:
The agent appears to have advanced from his own funds for the expenses of the year and then the yearly missive sent out to summon the burghs to the annual convention specified the proportion of the convention's expenditure which each burgh owed the agent, and the commissioner was supposed to bring the sum, known as “missive dues”, with him when he came to the meeting.Sc. 1961 Fraserburgh Herald (16 May):
It was unanimously agreed to pay the sum of £34 as missive dues for the Convention of Burghs.2. Bte. 1700 Rothesay T. C. Rec. (1935) 535:
A messive letter sent to the Magistrates from their Commissioner, craveing several soumes dew to him.Sc. 1709 Burgh Rec. Gsw. (1908) 445:
John Aird, provost, produced in their presence an missive letter direct to him and the baillies from the reverend Mr. Robert Miller, minister of the gospell at Port Glasgow.Abd. 1719 Abd. Jnl. N. & Q. VIII. 25:
For tuo quars peaper for a count boock and missive [let]ters . . . 14 shil.Sc. 1753 Morison Decisions 15177:
Barron granted a subset of certain lands to Duncan, for five years. The agreement was executed by mutual missive letters betwixt them.Sc. 1773 Erskine Institute iii. ii. § 24:
Missive letters in re mercatoria are valid, though they be not holograph.3. Sc. 1838 W. Bell Dict. Law Scot. 654:
It would appear that missives of lease, like missives of sale, require to be stamped to found an action.Rnf. 1876 W. Hector Judicial Rec. 129:
His lease being about to expire he was “courted and solicite” by his lordship and his factor to apply for its renewal; and having agreed to do so, a missive of lease was sent to him by the factor for approval.Sc. 1930 Encycl. Laws Scot. IX. 60:
A tested or holograph missive of lease for a period of years though not in form a lease . . . has the same effect as a formal lease.4. Sc. 1936 St. Andrews Cit. (1 Aug.) 3:
Cancellation of tenancy may require to be considered on the grounds of contravention of missives of let.5. Sc. 1838 W. Bell Dict Law. Scot. 654:
It would appear that missives of lease, like missives of sale, require to be stamped to found an action.Sc. 1891 J. Craigie Conveyancing 125:
Missives of Sale — If in a sale of land missives — an offer and an acceptance — are used, they (l) require to show consensus in idem as to the subjects sold, and price; and (2) must be probative of the parties themselves or their authorised agents.6. Ayr. 1822 H. Ainslie Pilgrimage 94:
There's mony a ane taks a' they get as thanklessly as gif the Almighty was bun by missives o' tack, to gi'e them seed time an' harvest.Sc. 1841 Session Cases (1841–2) 231:
By missive of tack Webster became tenant of a farm on Finhaven.