Testament of James Hamilton 23 January 1793

 

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The testament Dative and Inventory of the

Goods and Gear which justly pertained and belonged to umquile

James Hamilton in Clauchrie at the time of his decease viz.

the       day of       in the year  M vi C  and Ninety

faithfully made out and given up by William Copland Esquire of Collieston

Executor dative qua creditor decerned to the said defunct in so far as

upon the Twenty Ninth day of May last the said William Copland obtain

ed decreet and sentence of the Sheriff Substitute of Dumfries against

Isobel Strahan the Widow and John Hamilton lawfull son of the said

Defunct as representing him upon the passive titles finding decerning and

declaring the said William Copland to be a just and lawfull creditor

to the said defunct for Seventy Six pounds Seven Shillings and a penny half

penny sterling as a balance of Rent of the Lands of Clauchrie due at

the term of Whitsunday in the Year M vi C and Ninety One and for

the interest of said balance from and after said term during not

payments with as much more as is equal to  a fifth part of said

balance of penalty agreeable to the Tack mentioned and produced in the

Process wherein the said Decreet proceeds; And therefore the said

William Copland is Executor Dative qua creditor decerned to the said

defunct  for payment of the said Seventy Six pounds Seven shillings

and a penny halfpenny sterling, Interest and Expences of place before

mentioned and also for the expences of expeding Confirmation by Decreet

Dative of the Commissary of Dumfries bearing date the Seventh day of June last.

 

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There was justly pertaining and belonging to the said umquile James Hamilton

At the time of his decease aforesaid a Crop of Corns growing upon his possession

of the Lands of Clauchrie belonging to the said William Copland and which crop

was by John Cowan Tenent in Boghall [not found on map] and William Roddan Tenent in

Duncow marked on and  divided into Twenty Eight Lotts and each of

said Lotts valued and appretiated in virtue of a Warrant of the said

Commissary dated the twenty eighth day of August last proceeding upon

a petition of the said William Copland as Executor aforesaid Which warrant

with the Report and Depositions of the said John Cowan and William

Roddan are extant with the Edict on which the aforesaid decreet

Dative proceeds. And which several Lotts of Corn were afterwards in virtue

of another Warrant of the said Commissary dated the Nineteenth day of

September last, and after advertisements made in terms therof sold upon

the field, by the Acre at the rates following by Hugh Maxwell writer

in Dumfries and Charles Porteous Auctioneer there And the extent

of the said respective Lots were duly measured and the Measures

certified conform to a Schedule under the hand of Robert Bar portioner

of Riddingwood [E of Duncow] Ordinary Land Measurer Which with the account of Sales

are also extant with the said Edict Which Sale prices and Admeasure

ment are as underwritten Imprimis Lott First at the rate of Two

pounds Ten Shillings the Acre And Measure One Rood Eighteen

Falls* [= furlong?]and one Ell inde Eighteen Shillings and two pence sold to Mungo

Reid; Item Lott Second to the said Mungo Reid at the rate of Two

pounds Sixteen Shillings the Acre and Measures One Rood Seven

Falls and one Ell inde Sixteen Shillings and Sixpence. Items Lott

Third to John Nicholson at the rate of Three pounds four Shillings

The Measures Three Roods Ten falls and two Ells, inde Two pounds

twelve Shillings and a penny halfpenny; Item Lott fourth to

Thomas Waugh at the rate of Two pounds the Acre the Measure

two Roods thirty three falls and one Ell, inde One pound Eight Shillings

and three pence half penny; Item Lott fifth to Mr Copland at the rate

of Two pounds five Shillings the Acre the Measure two acres One

Rood and twenty Six falls, inde five pounds eight Shillings and

Sixpence half penny; Item Lott Sixth to John Nicholson at the

rate of Three pounds Eight Shillings the Acre the Measure Three

Roods and Thirty Six falls and three Ells, inde Three pounds Six

Shillings and Sixpence. Item Lott Seventh to Mungo Reid at the

rate of One pound Ten Shillings the Acre the Measure One Acre

three Roods twenty three falls and four Ells, inde Two pounds

Sixteen and Eleven pence; Item Lott Eighth to

Mr Copland at the rate of Two pounds Ten Shillings sterling the

Acre and the Measure Two acres Two Roods and Twenty Seven Falls

inde Six pounds Thirteen Shillings and five pence; Item Lott

Ninth to Mr Copland at the rate of Four pounds five Shillings the

Acre and the Measure Two Acres One Rood twenty three Falls and

five Ells, inde Ten pounds three shillings and Eleven pence. Item

Lott Tenth to Mr Babington at the rare of Two pounds Eleven Shillings

the Acre and the Measure Two Roods and Twenty five Falls, inde

One pound thirteen shillings and five pence halfpenny Item Lott

Eleventh

 

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Eleventh to Mungo Reid at the rate of Five pounds the Acre Measure Three Roods

and Eleven falls inde Four pounds One Shilling and Tenpence halfpenny

Item Lott Twelth to Mr Babington at the rate of Two pounds Eleven Shillings the

Acre, the Measure Two acres three Roods thirty eight falls and four Ells, inde

Seven pounds Twelve Shillings and Sevenpence; Item Lott Thirteenth to John

Nicholson at the rate of four pounds One Shilling the Acre, the Measures

Three Roods Nineteen falls and three Elles inde Three pounds Ten Shillings

and Sevenpence; Item Lott Fourteenth to Mrs Hamilton at the rate of

Four pounds the Acre and the Measure One Acre one Rood four falls

And three Ells inde Five pounds two shillings and three pence. Item Lott

Fifteenth to John Rogerson at the rate of Five pounds One Shilling

the Acre and the Measure two Roods fourteen falls and three Ells inde

Two pounds Nineteen Shillings and Sevenpence halfpenny; Item Lott

Sixteenth to Mrs Hamilton at the rate of Four pounds Ten Shillings

the Acre and the Measure Three Roods three falls and two Ells inde

Three pounds Nine Shillings and four pence halfpenny; Item Lott

Seventeenth to John McCubbin at the rate of Three pounds Eight Shillings

The Acre and the Measure two Acres one Rood sixteen falls & two Ells

Inde Seven pounds Nineteen Shillings and Elevenpence; Item Lott

Eighteenth to Mr Babington at the rate of Five pounds Seven Shillings

the Acre And the Measure two Acres two Roods thirty three falls and One

Ells inde Fourteen pounds Nine Shillings and Eight pence; Item

Lott Nineteenth to Mrs Hamilton at the rate of Three pounds Six

shillings the Acre and the Measure One Rood Ten falls and five

Ells inde One pound and Sixpence; Item Lott Twentieth to Mrs

Hamilton at the rate of Three pounds Ten Shillings the Acre. And

the Measure One Acre Seventeen falls and five Ells, inde Three

pounds Seventeen Shillings and Ninepence halfpenny; Item Lott

Twenty first to Thomas Waugh at the rate of Three pounds Three Shillings

the Acre and the Measure One Rood one fall and three Ells inde

Sixteen Shillings and fourpence; Item Lott Twenty Second to

Archibald McCall at the rate of Two pounds eleven Shillings the Acre and the

Measure One Rood and Sixteen falls inde Seventeen Shillings and Ten pence

Item Lott Twenty third to James Sharp at the rate of four pounds eleven

Shillings the Acre and the Measure One Acre five falls and an Ell inde

Four pounds thirteen Shillings and Eleven pence; Item Lott Twenty fourth to

James Sharp at the rate of Four pounds Seven Shillings the Acre and the

Measure One Rood Eight falls and three Ells inde One pound Six Shillings

and four pence halfpenny; Item Lott Twenty fifth to William Alexander

at the rate of Four pounds Fourteen Shillings the Acre and the Measure One

Acre two Roods and fourteen Falls inde Seven pounds Nine Shillings and two

pence; Item Lott Twenty Sixth to William Alexander at the rate of Three

pounds Sixteen Shillings the Acre and the Measure One Rood and Seventeen

falls inde One pound Seven Shillings and a half penny; Item Lott Twenty Seventh

to James Sharpe at the rate of five pounds One shilling the Acre and the Measure

Three Acres One Rood and twenty six falls inde Seven pounds

eighteen Shillings and three pence:- the aforesaid prices being all sterling money amounble

One hundred and thirty one pounds fifteen Shillings and Sixpence halfpenny

 

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Thomas Goldie of Craigmuic Commissary of the Commissariat of

Dumfries specially constituted for Confirmation of Testaments within the

bounds of the said Commissariat Understanding That after due sum

moning and lawfull warning made by public form of Edict of the

Executors Testamentary, Spouse, Bairns if any were and Intromitters

with the Goods and Gear of the said umquhile James Hamilton and

all others having or pretending to have interest in the matter underwritten

to have compeared before me within the Courthouse of Dumfries on

a certain day now bygone in the hour of Cause to have heard and Seen

Executors dative decerned, given in admitted and Confirmed by me in

and To the said defunct and In and To all and sundry Horse, Stock

Sheep, Corns, Cattle, Insight**, Household plenishing**, Debts & Sums

of money and other moveable Goods & Gear which pertained and belonged

and were justly owing and adebted to him at the time of his decease

aforesaid or else to have alleged a reasonable Cause in the Contrary

why the same ought not to have been done with Certification as effeirs

as the said Edict duly executed and indorsed bears, I decerned therein

as my decreet dative of the date aforesaid in itself more amply

proports [=declares]. Conform whereunto I in His Majesty’s Name & authority

Make Constitute, ordain and Confirm the said William Copland

Esquire Executor dative qua creditor to the said umquhile James Hamilton

and In and To the rouped [=shouted?] prices of the Crops before mentioned

with full power to him to uplift receive and discharge the same if need

be to Call and pursue therefore according to Law and generally every

other thing to do use and exerce [=set in motion] thereanent [=about] which to the office of executor

dative qua Creditor is known by law to pertain providing always he

make just compt and reckoning of his Intromissions when and where the

same shall be legally required of him Whereanent and that the aforesaid

prices shall be made free and forthcoming to all parties having interest

therein as Law will Hugh Maxwell writer in Dumfries became

Cautioner as a Bond given thereanent bears Given under the Seal

of Office of the Commissariat of Dumfries and signed by the Clerk of Court at

Dumfries the Twenty third day of January One Thousand Seven

hundred and Ninety three Years.

 

Notes

 

My comments in italics

 

* Measurements:

   4 roods = 1 acre

   1 rood = 40 square falls

   1 square fall = 36 square ells

   1 fall = 6 ells

   1 ell = 39 inches

 

** both terms mean household furnishing