Testament Dative of James Hamilton of Allanshaw, Lanarkshire, 1653

Date: [unknown] [unknown]
Location: [unknown]

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This is a transcription of the register copy of the Testament Dative (Testament without will) ^[1] of James Hamilton of Allanshaw (spelled Allanschaw in the document), Lanarkshire, Scotland. ^[2]

Transcription conventions used in this text:
Spelling, punctuation and line breaks are as per the original document.
The document was written in Old Scots with phonetic spelling. A modern English interpretation has been added below for clarity.
Old Scottish words translations from Dictionaries of the Scots Language hosted at the University of Glasgow. The old letter Thorn (the th sound) has been rendered as a y in the transcription but as th in the modern version.
Bold text for names have been added for ease of reading.
Abbreviations and breviographs have been expanded in [square brackets].
Illegible text has been indicated with ---
The image quality was good, but there was heavy bleed through of the ink from the text on the reverse of the page.

[Margin] Hamiltone

Thar Testa[men]^t Dative & Inventare of ye guids geire debts & sowmes
of Money Qlls pertenit to umq[hi]^ll James Hamilton in Allanschaw
w[i]^t[h]in ye parochine of Hamiltone ye tyme of his deceis q^a deceissit
in ye moneth of Marche 1653 Yeirs Fay^t[h]fullie maid & geven upe
be Jenet Rae his relict & exe[cut]rix dative Surrogate in place
of M^r Joⁿ Herbertsone pro[curator] Fischall of ye --- --- & Comissariat
of Lanerk --- is exe--- decernit to ye defuncts guds geir and debts
to --- of ye sreffs prin^as & comissry of ye s[ai]d jurisdictione upon
ye xvij ^th day of No[vembe]^r 1653 yeirs And ye same in ye selff at mai
length makes mentione

Inventare
Item ye defunct had ye tyme fors[ai]d Perteining to him ye guds &
geir under wr[itt]en of ye pryces following Viz. in ye frest two kye ^[3]
& ane Sterk ^[4] all estinal werth xl^Li Item ane old quhyt ^[5] horse
estinal worth xxiiij^Li Item three bolls ^[6] seid aitts pryce
of ye boll viij^Li seide xxiiij^li Item ye ridding & feilling of ten
aikers of land or ye b-- estimal worth xxvj^Li xiij^s iiij^d Item ye
insy^t of ye hous in ut[en]ceills & Domicaills w[i]^t[h] ye abunyen--ts of ye defuncts
bodie estimall worth xxx^Li

Suma of ye Invetare - j C/ xliiij ^Li xiij^s iiij^d

Na debts awaud ^[7] In

[folio 813 reto]
Debts awand out
Item y^r was awand Be ye defunct ye tyme foirs[ai]d ye sommes
of moneye following To ye persones und[er]wr[itt]en Viz. In ye first To
Mr James Nasmi^t[h] Minister at Hamiltone of Personage teynd ^[8] the
cropt 1652 yeir ten furlatts ^[9] meill ^[10] pryced of the boll viij^Li vi^s viij^d
-ude xx^Li xvj^s viii^d Item to him of Vicarage teynd y^a said
yeir iiij^Li Item to Katherine Scott of fie ^[11] ye s[aid] yeir x^Li

Suma of ye debts Out - xxxiiij^Li xvj^s viij^d

Rests free geir debts deducet - j C\ lx^Li xvj^s viiij^d

To be devydet in three pairts

Deid pairtis - xxxvj^Li xij^s ij^d ob

We Capitane Joⁿ Grein & George Lockhart of Tarbrax prin[cipa]^lls shreffs^[12]
& comissh^rs of Lanerk After dew warneing maid be Edict oppinlie
as effeirs Be ye teno^r heir of Ratifie approve & confirme this
p[rese]nt testa[men]t & Inventare In swa far as ye sum[e]d is leillilie ^[13] & treuly'
maid & given upe Nothing omittit fur^t y^rof Nor sett w[i]^t[h]in ye just
availle ^[14] y^r in conteinit And give & teneitt full power & Intro
missoon: w[i]^t[h] ye guds & gere abovewr[itt]en to ye exe[cut]rix dative above spect'
all anerlie ^[15] w[i]th power to call & persell ye foir if neede be Becaus
she had maid fay^t[h] as use is And fund talltione as law will As ane
act maid y^r upon at Length beirs At glasgow ye twentie ane day
of No[vembe]^r 1653 yeirs

Thar q^ll day compeirit pers[on]^lie James Hamiltone in Allanschaw & of
his awin consent actit hymselff ca^r & sovertie ^[16] for ye exe[cut]rix abovewr[itt]en
y^t[h] ye guds geir & debts conteinit in ye defuncts testa[men]^t abovewr[itt]en sale
be maid fur^t[h] -umeawd to all pairties above wr[itt]en haiffing entres as lan
--ill And ye exe[cut]rix fores[ai]d actit hirselff To freith releive & skay^t[h] les
keepe hir s[ai]d ca^r in ye promiss & of all dannger y^ll anet Q^{r [17]} uppone they
asket acts

[Modern English version]
This Testament Dative and Inventory of the goods, gear, debts & sums
of money pertaining to the deceased James Hamilton in Allanshaw
within the parish of Hamilton at the time of his decease who died
in the month of March in the year 1653, faithfully made & given up
by Jenet Rae his widow and executrix dative Surrogate in place
of Mr John Herbertsone Procurator Fiscal of the --- & Comissariat
of Lanark --- to the deceased's goods, gear and debts
to --- and comissary of the said jursidiction upon
the 17th day of November in the year 1653 And the same in the

Inventory
The deceased possessed at the aforesaid time the goods &
gear written below with the following prices. That is to say [in the frest] ^[18] two cows
and one bullock estimated worth £40 Item one old white horse
estimated worth £24 Item three bolls of oat seed price per
boll £8 total £24 Item the clearance of ten
acres of land estimated worth £26 8s 4d Item the
contents of the house in utensils and domenstic items with the deceased's personal items
estimated worth £30

Sum total of the Inventory: £144 8s 4d

No debts owing to the deceased.

Debts owing out<
Item: There was owing by the deceased at the aforesaid time the sums
of money as following to the person written below That is to say Firstly to
Mr James Nasmith, Minister at Hamilton for Parsonage tithes assessed on the
crops for the year 1652, ten foliots of [oat]meal priced at £8 6s 8d per bollis
total £10 16s 8d. Item to him for Vicarage tithes of the said
year £4. Item to Katherine Scott for livestock the same year £10

Sum total of debts owing £34 16s 8d

The residue of the goods after debts deducted £110 16s 8d

To be divided into three parts

The Dead's part £36 12s 2d

We, Captain John Grein and George Lockhart of Tarbrax, principal Sheriffs
and commissioners of Lanark After due warning made by Edict openly
as by the document hereof Ratify approve and confirm this
present testament and Inventory In so far as the sums are fully and truly
maid and given up Nothing omitted from thereof nor sett within
things of no worth And give and --- full power and right
of administration of the goods and gear abovewritten to the Executrix Dative
solely with the power for her to call and parcell the same if needs be Because
she has made fayth as

That same day appeared personally James Hamilton in Allenshaw, and of
his own free will was entered as surety for the Executrix abovewritten
that the goods gear and debts contained in the Testament of the deceased, sale
to be made of --- & --- to all parties abovewritten having

Sources

1. ↑ Wills and Testaments, National Records of Scotland Research guide Accessed 15 July 2022
2. ↑ Testament Dative of James Hamilton 1653 Glasgow Commissary Court Reference CC9/7/31. Images from Scotlands People
3. ↑ cows
4. ↑ bullock, or less commonly heifer
5. ↑ white
6. ↑ The basic unit of dry capacity, which varied from place to place and depending on what was being measured. When applied to grain, it was equal to 4 firlots or around 3 imperial bushels
7. ↑ owing
8. ↑ To assess for the tithes
9. ↑ Firlot or bushell
10. ↑ Meal, specifiically oatmeal https://dsl.ac.uk/entry/dost/mele_n_1
11. ↑ Cattle or sheep, wealth https://dsl.ac.uk/entry/dost/fe_n_1
12. ↑ Sherrifs https://dsl.ac.uk/entry/dost/schiref
13. ↑ fully https://dsl.ac.uk/entry/dost/lelely
14. ↑ of no worth
15. ↑ only https://dsl.ac.uk/entry/dost/anerly
16. ↑ surety
17. ↑ Where
18. ↑ Either this is an archaic way of saying "Firstly" or Imprimis, or a frest may be a field or farm, but no modern translation found for it.