Testament of James Hamilton 23 January 1793
Page 1
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
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.
Page 2
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
in
of the
said respective Lots were duly measured and the Measures
certified
conform to a Schedule under the hand of
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
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
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
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
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
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
inde Six pounds Thirteen Shillings
and five pence; Item Lott
Ninth to Mr
Copland at the rate of Four pounds five Shillings the
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
One pound
thirteen shillings and five pence halfpenny Item Lott
Eleventh
Page
3
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
Seven pounds
Twelve Shillings and Sevenpence; Item Lott Thirteenth
to John
Nicholson at
the rate of four pounds One Shilling the
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
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
Two pounds
Nineteen Shillings and Sevenpence halfpenny; Item
Lott
Sixteenth to
Mrs Hamilton at the rate of Four pounds Ten Shillings
the
Three pounds
Nine Shillings and four pence halfpenny; Item Lott
Seventeenth
to John McCubbin at the rate of Three pounds Eight
Shillings
The
Inde Seven pounds Nineteen Shillings and Elevenpence; Item Lott
Eighteenth
to Mr Babington at the rate of Five pounds Seven Shillings
the
Ells inde Fourteen pounds Nine
Shillings and Eight pence; Item
Lott
Nineteenth to Mrs Hamilton at the rate of Three pounds Six
shillings the
Ells inde One pound and Sixpence; Item Lott Twentieth to Mrs
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
Sixteen
Shillings and fourpence; Item Lott Twenty Second to
Archibald
McCall at the rate of Two pounds eleven Shillings 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
Four pounds
thirteen Shillings and Eleven pence; Item Lott Twenty fourth to
James Sharp
at the rate of Four pounds Seven Shillings 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
pence; Item Lott Twenty Sixth to William Alexander at the
rate of Three
pounds Sixteen Shillings the
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
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
Page
4
Thomas
Goldie of Craigmuic Commissary of the Commissariat of
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 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
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
hundred and Ninety three Years.
Notes
Editor's comments are in italics, bracketed
* 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