Author Topic: Help: 1625 Scottish Testament (attached) Court-Hand?  (Read 1781 times)

Offline crb83

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Help: 1625 Scottish Testament (attached) Court-Hand?
« on: Sunday 29 January 12 17:01 GMT (UK) »
This is the last will and testament of my ancestor Gilbert MacCleane of Dumfries.  He was a merchant burgess of the town.  Upon his death, his sons went to Ulster and settled around Dungannon & Clogher in Tyrone.  Their sons were veterans of the Siege of Londonderry.

I believe this is court-hand but I may be mistaken.  I've tried to read an old will before (from 1664) with no luck.  I've taken online tutorials but it just seems like heiroglyphics to me. I guess handwriting is not my strong point  ;D
If anyone can clear some of this up or translate it, I would be extremely thankful. 

This was originally two pages but I used screenshots, cropped, combined and also did some sharpening and contrasting (photoshopping is definitely more of a strong point!)
Thank you!

... The testament of Gilbert McCleane of Dumfriesshire, 1625, from the Dumfries Commissary Court...
All Maclean-variants.
Cavan, Longford, Westmeath, Offaly, Dublin City

Offline Alexander.

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Re: Help: 1625 Scottish Testament (attached) Court-Hand?
« Reply #1 on: Monday 30 January 12 08:03 GMT (UK) »
Hi MacLaine,

I can have a go at transcribing this for you tomorrow, if no-one has by then - however, do you have the original file? Though I can decipher some of it from the screen shots you have posted, it is low resolution and I cannot zoom into the tricky bits. It will go ten times faster if I can view the original...so is there a chance you can email the original (full size) images to me? I can PM you my email address.

Alexander

Offline Alexander.

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Re: Help: 1625 Scottish Testament (attached) Court-Hand?
« Reply #2 on: Saturday 04 February 12 22:15 GMT (UK) »
Hi - I had a go this morning. Below is a literal transcription of what was written, as best as I can tell. In a minute I'll post a "translation" with modern spellings so it will hopefully make a little more sense then.

Regards
Alexander

---

Umq[uhi]ll Gilbert McCleane

The testament dative and Inventar
of the guides geir sowmes of money detts
and utheris q[uhat]smever q[uhi]lkis p[er]tenit to
Umq[uhi]ll Gilbert McCleane merchand burges in
Dumfreis wthin the prochin th[e]r of and shreffdom
of the sam the tyme of his deceis quha
deceist in the moneth of may 1624 yeiris
thairby faithfullie maid & givin up be
Issobell Moriesonis his relict spous in name and behalf of Helison
and Christiane McCleanis thair lawll bairnes unportionat and exe[cutor]
datives dec[er]nit to thair said umq[uhi]ll father be decreit of the comissar
of dumfeis upon the xx day of December Instant as the
decreit of Exe[cut]rie proportis

In the first the said umq[uhi]ll Gilbert McCleane had the guidis geir sowmes
of money dettis and utheris underwryttin the tyme of his deceis
foirsaid viz in his awin possessionis thrie ky wirth xx m[er]kis the
peis  Suma xl lib Item the sawing of six peks beir measur x sh
with estimat to the feird corne extending to ane boll and ane half boll
beir measur foirsaid pryce of the boll thairof wth the fodder overheid
xx m[er]kis  suma xx li  it[em] the sawing of tuesc[ore] peks greit with
estimat to the feird corne extending to tua bollis And ane firlet pryce
of the boll overheid x li  suma xxij li x sh  Item the sawing of
six peks peis extending to the feird corne extending to nyne peks peis
measur foirsaid at xx m[er]ks the boll suma vij li x sh  Item in the
kill of Robert Mcburnie four boll beir estimat to xx m[er]kis the boll
suma iiijxx m[er]kis  Item the insicht of the said defunctis hous wth the
abulzemens of his bodie utenceillis & domiceillis estimat to xvi li
Item thair was awand be Thomas Gilchryst to him xxx sh of ane
buith maill be James Smyt xxiiij sh  Item in his awin possessionis
ane auld meir wirth x m[er]ks

Suma of the Inventar ------- jC iiijxx viij li
na dettis awand to the deid

dettis awand be the deid
Item thair was awand be the said defunc[ti]s the tyme of his deceis foirsaid
To Christiane Moriesone for the f[er]me of ane aiker of land in Wotshallis
tuesc[ore] peks beir pryce th[e]r of x li

Suma detts awand be the deid ------- x li
Suma frie geir detts detts deducit ------- jC iijxx xviij li
Trifaria divisio pr(?) defuncti ------- lix li vi sh viij d

At Dumfreis the twentie day of december 1625 yeiris Adame
Cunyghame of Arkiltun Comyssar of dumfreis spetiallie constitat be
the Richt reverand and James Archibishope of glasgow for confirma[tion]
of testamentis be the tenor heirof ratifeis approves & confirmis
this pre[sen]t testament dative & Inventar thairof In sua far as the
sa[m]in is leilillie & trewlie givin up allainerlie And gives & comittis the
Int[ro]missionis & dispospositionis of the guidis & geir abone co[n]tenit to the saidis
Helesone and Christiane McCleanes exe[cuto]r datives foirsaid as reseruand
compt to be maid be thame th[e]rof as accordis of the law and the
said Issobell Morisonis relict foirsaid In respect of the saidis
minoris maioritie being suorne maid faith &c. And hes fundin Jon
Spence m[er]chand burges in dumfreis cautionis &c. as ane act maid
thairuponn beiris


Offline Alexander.

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Re: Help: 1625 Scottish Testament (attached) Court-Hand?
« Reply #3 on: Saturday 04 February 12 22:17 GMT (UK) »
And this transcription includes modern spellings. Quite a few of the terms were unfamiliar to me, so can I suggest you take a look at this site for any 'unusual' words.

http://www.dsl.ac.uk/

Alexander


---

The late Gilbert McCleane

The testament dative and inventory
of the goods, gear, sums of money, debts
and others whatsoever which pertain to
the late Gilbert McCleane merchant burgess in
Dumfries within the parish thereof and sheriffdom
of the same the time of his decease who
died in the month of May 1624 years
thereby faithfully made and given up by
Isobel Morison his relict spouse in name and behalf of Alison(?)
and Christian McCleane their lawful children (not provided for) and executor
datives decided to their said late father by decree of the Commissary
of Dumfries upon the 20th day of December Instant as the
decree of Executry proports

In the first the said late Gilbert McCleane had the goods, gear, sums
of money, debts, and others underwritten the time of his decease
aforesaid namely in his own possession three ky [cattle] worth 20 merks
apiece  Total £40  Item the sawing [seed] of six pecks bere [barley] measure 10s.
with estimate to the ferde corn extending to one boll and one half boll
bere measure aforesaid price of the boll thereof with the fodder overhead
20 merks  total £20  Item the sawing of twoscore pecks groats [grain] with
estimate to the ferde corn extending to two bolls And one ferlot price
of the boll overhead £10  total £22 10s.  Item the sawing of
six pecks apiece extending to the ferde corn extending to nine pecks apiece
measure aforesaid at 20 merks the boll   total £7 10s.  Item in the
kill [corn-kiln] of Robert McBurnie four boll bere estimate to 20 merks the boll
total 80 merks  Item the insight [goods] of the said deceased’s house with the
habiliments [clothing] of his body, utensils and domiciles estimate to £16
Item there was owing by Thomas Gilchrist to him 30s. of one
booth mail [rent] by James Smyt 24s.  Item in his own possession
one old mare worth 10 merks

Total of the Inventory ------- £188
No debts owing to the deceased

Debts owing by the deceased
Item there was owing by the said deceased the time of his decease aforesaid
To Christian Morison for the for the ferme [rent] of one acre of land in Woodhall(?)
twoscore pecks bere price thereof £10

Total debts owing by the deceased ------- £10
Total free gear, debts deducted ------- £178
Three-way division … defunct ------- £59 6s. 8d.

At Dumfries the 20th day of December 1625 years Adam
Cunyngham of Arkleton Commissary of Dumfries specially constituted by
the Right Reverend James Archbishop of Glasgow for conformation
of testaments by the tenor hereof ratifies approves & confirms
this present testament dative and Inventory thereof In so far as the
same is lawfully and truly given up only And gives and commits the
Intromission and disposition of the goods and gear above contained to the said
Alison and Christian McCleane executor datives aforesaid as reserving
compt to be made by them thereof according to the law and the
said Isobel Morison relict aforesaid In respect of the said
minority majority being sworn made faith etc. And as found John
Spence merchant burgess in Dumfries caution etc. as one act made
thereupon bears

Offline crb83

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Re: Help: 1625 Scottish Testament (attached) Court-Hand?
« Reply #4 on: Sunday 05 February 12 03:44 GMT (UK) »
Alexander, can't thank you enough!

Interesting he left nothing to his sons, they must have gone to Ireland sooner than I thought.

Thank you again!
All Maclean-variants.
Cavan, Longford, Westmeath, Offaly, Dublin City

Offline Alexander.

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Re: Help: 1625 Scottish Testament (attached) Court-Hand?
« Reply #5 on: Sunday 05 February 12 04:22 GMT (UK) »
This is a testament dative (not a testament testamentar) which means that Gilbert had no will - he died intestate. Therefore any sons, if he had any, would have been equal beneficiaries with his daughters. If his sons had already gone to Ireland, then it makes sense that his daughters were appointed as executors. As far as I am aware, after his widow's death all immovable property (i.e. land) would have gone to his eldest son. Under Scots law, the children's share of moveable property (of the kind mentioned in the inventory portion of the testament dative) was split equally between all sons and daughters. I'm not sure how this sort of thing would have been handled in those days if the whereabouts of the heirs were not known.

Alexander

Offline crb83

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Re: Help: 1625 Scottish Testament (attached) Court-Hand?
« Reply #6 on: Sunday 05 February 12 04:26 GMT (UK) »
  Thank you for the info Alexander.  I have his son Gilbert in Co. Tyrone's summonisters rolls "Gilbert M'Cleene of Clogher" in 1626.  His son John who is a tanner in 1620 in Dumfries (signed a grievance about the new tannery law destroying his business) is presumably also in Ireland by then and appears on a 1630 muster roll.  I also found a 1606 baptismal for a son Andrew and a 1610 baptismal for a son Thomas (both had gone to Ireland, Thomas was a veteran of the first siege of Londonderry 1642 in Capt. Thornton's Reg't). 

I found his widow, Isobell died in 1642 and left a testament as well, I'll check that out.


All Maclean-variants.
Cavan, Longford, Westmeath, Offaly, Dublin City

Offline Alexander.

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Re: Help: 1625 Scottish Testament (attached) Court-Hand?
« Reply #7 on: Sunday 05 February 12 05:53 GMT (UK) »
It sounds like a very interesting family. Just shout if you need any help with Isobell's testament.

Offline RICampbell

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Re: Help: 1625 Scottish Testament (attached) Court-Hand?
« Reply #8 on: Wednesday 17 June 20 10:29 BST (UK) »
Hi there. I have a very similar problem to crb83. I have a five-page 1623 Scottish testament that I am finding impossible to decipher (see attached file of first page). If anyone could help me with it, I would be most grateful. Many thanks. Ian