Author Topic: Scottish 1633 testament  (Read 613 times)

Offline jmeagle

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Scottish 1633 testament
« on: Saturday 26 August 23 01:02 BST (UK) »
I've had help with this but need an expert to decipher parts of it.  Thanks to all those who have helped so far.   Here's the link to previous posts.

https://www.rootschat.com/forum/index.php?action=post;topic=875857.9;last_msg=7477858
Eaglesham, Hilliar, Fletcher, Wells, Reid, Gillies

Offline goldie61

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Re: Scottish 1633 testament
« Reply #1 on: Saturday 26 August 23 01:26 BST (UK) »
As you can see in the previous post, I got as far as the end of line 3 of these 'debts awand In' - but what is James's surname?
Driving me to distraction!  ;)

Added:
Just realised all the squiggle at the start of his surname is the fancy swirls from the 'B' above.
So is his name something like 'Muir'?

Is it the same name as Margaret his spouse, at the end of line six and on line 7?
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline GR2

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Re: Scottish 1633 testament
« Reply #2 on: Saturday 26 August 23 19:31 BST (UK) »
Sum[m]a of ye Inve[n]tar v c xl li. xiij s iiij d

Debtis awand In
Item thair was awand to the defunct the tyme
foirsaid the sowmes of money following Be ye
p[er]sones underwr[itt]in Viz Be James muir
father In law In thomastoun Lxv li. xiij s iiij d q[uhi]lk
sowme onlie remaines unpayit of haill tocher guid
contracted to him w(i)t(h) James muir his dochter margaret
muir the said James spous Item be Johnne Mc
murtrie In draykie xij li. Item be Johnne
[      ] In mayboill & his wyf xj li. vj s viij d
Item be g[av]in Dunlope four pund vj s viij d
Sum[m]a of ye debts In   Lxxxxiiij vj s 8 d
Sum[m]a of ye Inve[n]tar & debts vj c xxxv li.

Total of the inventory £540 13/4d

Debts owed in [i.e. to the deceased]
Item, there was owing to the defunct the time
foresaid the sums of money following by the
persons under-written Viz (= videlicet = Latin for namely): by James Muir,
father-in-law, in Thomaston, £65 13/4d which (quhilk)
sum only remains unpaid of the whole dowry (tocher) goods
contracted to him with James Muir's daughter, Margaret
Muir, the said James's spouse; Item by John
McMurtrie in Drakie £12; Item by John
[      ] in Maybole and his wife £11 6/8d;
Item by Gavin Dunlop four pounds 6/8d.
Total of the debts in £94 6/8d
Total of the inventory and debts £635.

Offline jmeagle

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Re: Scottish 1633 testament
« Reply #3 on: Saturday 26 August 23 19:40 BST (UK) »
Wonderful!  i appreciate your help very much.  i will post the next part   :)
Eaglesham, Hilliar, Fletcher, Wells, Reid, Gillies


Offline GR2

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Re: Scottish 1633 testament
« Reply #4 on: Saturday 26 August 23 23:19 BST (UK) »
Debtis awand out
Item thair was awand be the defunct the tyme
foirsaid the sowmes of money following to the
persones underwr[it]tin viz To his maister the Erle
of Cassills Lxxx li. Item to him thrie bolls vj
pecks beir to be [  ] In pryce of ye boll [   blank   ]
Inde [   blank   ] Item ane lamb pryce xxvj s viij d
Item sax caponns pryce xl s Item thrie hennis pryce
xij s Item to thomas gillespie in s[        ] xxxiij
li. vj s viij d Item to Johnne [          ] in clachintoun
four dollars extending to [   blank   ] Item to Colin
Mc[       ] in mayboill xvj li. Item to Johnne McAllex[ande]r xxvj
s viij d Item to Johnne Mc[rome?] xiij s iij d Item to david
Aicken in air xxvj s viij d Item to Issobell donane
viij li. xvj s iiij d Item to Johnne McAllexander Liij s iiij d
for fyve quarters of gray pryce xxxiij s iiij d ane pair
of schone pryce xiij s iiij d Item to mareoun Robesoun xlj s
ane ell of gray pryce xxvj s viij d Item to Gawin
Murchie four li. xiij s iiij d Item to Jonet nevein xxvj s
viij d ane ell of gray pryce xxvj s viij d

Sum[m]a of the debts out        j c Lxxxiiij li. ij s
Restis frie geir debts deducit    iiij c L li. xviij s
To be devydit In thrie p[air]ts
Deidis pairt Is                         j c L li. vj s

Legacie

Debts owed out (i.e. to others)
Item there was owing by the defunct the time
foresaid the sums of money under-written viz.: to his master (i.e. landlord*) the Earl
of Cassilis £80; item to him (i.e. the Earl) three bolls 6
pecks of bere (a kind of barley) to be [          ] price of the boll [  blank  ]
hence (inde = Latin for hence) [   blank   ]; item a lamb price 26/8d;
item six capons price 40/-; item three hens price
12/-; item to Thomas Gillespie in S[   ] £33
6/8d; item to John B[     ] in Clachinton
four dollars extending to [  blank  ]; item to Colin
Mc[    ] in Maybole £16; item to John Mc Alexander 26/8d;
item to John Mc[Crom?] 13/3d; item to David
Aitken in Ayr 26/8d; item to Isobel Donan
£8 16/4d; item to John McAlexander 53/4d
for five quarters (= a cloth measure) of gray (= a plain kind of cloth) price 33/4d, a pair
of shoes price 13/4d; item to Marion Robson 41/-,
an ell (= a cloth measure) of gray price 26/8d; item to Gavin
Murchie four pounds 13/4d; item to Jonet Niven 26/8d,
an ell of gray price 26/8d.

Total of the debts out                          £184 2/-
Remains of free gear, debts deducted   £450 18/-
To be divided in three parts
Deid's pairt** is                                      £150 6/-

Legacy***

* the rent paid to the Earl of Cassilis would originally have been partly in money and partly in kind. Here, as commonly happened by the 17th century, the rent in kind is given a cash value and the tenant has the option to pay the actual lambs, capons, hens, bolls of bere etc. or their value in money instead.

**a third of the net value of an estate was due to the widow and a third to the children. The remaining third was the deid's pairt (the dead's part) and could be willed as he wished.

***this is where the "latterwill" begins and the deceased's disposition of his third is made.

Some of these debts will be wages owed to servants (who were often partly paid in cloth and shoes as well as cash).

P.S. Re the previous section, the fact that the deceased's father-in-law has still part of the tocher (dowry) to pay does not mean that the couple were necessarily recently married. Dowries were often paid in instalments over a period of time. It is even possible that the original marriage contract is recorded in the Register of Deeds, either by itself or contained within an acquittance.

Offline jmeagle

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Re: Scottish 1633 testament
« Reply #5 on: Saturday 26 August 23 23:37 BST (UK) »
i am amazed!   Even when i study the will knowing what it says i struggle to make out a word.  Thank you again!   I'll send the next part. 
Eaglesham, Hilliar, Fletcher, Wells, Reid, Gillies

Offline GR2

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Re: Scottish 1633 testament
« Reply #6 on: Sunday 27 August 23 00:43 BST (UK) »
At Daquhatt In his fatheris hous in Turneberrie the
first day of august Jaj vj c Twentie twa zeirs The
quhilk day the said Johnne Egilschem Nominats
and constituts his father willia[m] egelshem In
turneberrie tutor to his bairnes & Exe[cut]or & Intro
mittor w(i)t(h) his guids & geir for his bairnes use He
Levis his thrid to his wyf m[ar]grat muir & hir
bairnes Johnne & Helen equallie to be devydit
betuixt yame Befoir yir witnesses M[aiste]r Johnne
burne minister at kirkoswall wrytter heirof and
W[illi]a[m] egilschem in turneberrie his father & James
Muir In thomastoun his father In Law Johnne
[      ] patrik zoung Sic s(u)b(scr)ib(itu)r Mr Johnne
burne James Mure witnes

I Johnne Boill of Kelburne com[mi]ss[ary] of glasgw
Be the Tennor heirof Ratifeis approvis & conf
firms this p[rese]nt Testa[ment] & Inventar Insafar as the
samyne Is dewlie & fait[h]fullie maid & gevin up
Nathing omittit furthe of the samyne nor set within
the just availl y[ai]rin c[on]tenit and gevis &  admitts full
power & Intromissioun w(i)t(h) the guids & geir abovewr[it]in

At Dalquhat in his father's house in Turnberry the
first day of August 1600 and twenty two years (= 1622) the
which (quhilk) day the said John Eaglesham nominates
and constitutes his father, William Eaglesham in
Turnberry, tutor (= legal guardian) to his bairns and executor and intromitter
with his goods and gear for his bairns' use. He
leaves his third to his wife, Margaret Muir, and her
bairns, John and Helen, equally to be divided
between them (yame = thame = them). Before these (yir = thir = these) witnesses Mr* John
Burne, minister at Kirkoswald, writer hereof, and
William Eaglesham in Turnberry, his father, and James
Muir in Thomaston, his father-in-law, John
[      ], Patrick Young. Sic subscribitur (Latin for "thus signed", before a list of signatures) Mr John
Burne, James Mure, witness.

I, John Boyle of Kelburn, commissary of Glasgow,
by the tenor hereof ratify, approve and confirm
this present testament and inventory insofar as the
same is duly and faithfully made and given up,
nothing omitted furth of (= from) the same nor set within
the just valuation therein (yairin = thairin = therein) contained, and give and admit full
power and intromission with the goods and gear above-written...

*Mr (Master) was the title given to someone, like the minister here, who had an M.A. degree from a university.

Link to John Burne:

https://archive.org/details/fastiecclesiaesc03scot/page/46/mode/2up?view=theater

It may be that the witnesses who did not sign could not write. The signatures here, of course, are not the originals, but copied into the register from the original will.

Offline jmeagle

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Re: Scottish 1633 testament
« Reply #7 on: Sunday 27 August 23 03:52 BST (UK) »
Thank you again.  This is so fascinating.  So much history!
Eaglesham, Hilliar, Fletcher, Wells, Reid, Gillies

Offline GR2

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Re: Scottish 1633 testament
« Reply #8 on: Sunday 27 August 23 08:27 BST (UK) »
I have now added the final paragraph of the document to my previous post. It is the confirmation by the commissary.