I help people read old handwritten Scottish documents. I offer professional transcription and deciphering of historical Scottish documents, specialising in difficult handwriting, commissary court wills, genealogy records, and early modern Scots legal manuscripts.
The example on this page is the will of John Arnot of 1604, from the Edinburgh Commissary Court (CC8/8/38, pages 420-3), which I transcribed for a close friend.
Old Scots legal documents can be difficult to read, not just because of the handwriting, but because the Scots language has many quirks that can be unfamiliar today. Need help reading an old Scottish document like this one? Send me a message via the contact form.
Full Transcription and Modern Translation
First of all, the commissary court registers will usually have a marginal note about the document. This one just states the name of the person it concerns, then the date of registration (not the date of death).
[margin] Johnne Arnot xxiiij Januarii
The first section will introduce the document in formulaic terms, stating the type of will (testaments dative, for example, were written if the person hadn’t composed a will before they died), the person and when they died. You’ll see below that when this document was registered they were not exactly sure which day John had died. You’ll also see that the scribe switches between Roman and Arabic numerals, which is quite normal. Dalqueich can be seen on this map of Kinross of 1827. It’s in the green parish of Orwell in the upper left, and the settlement is just next to the Kinross parish border in pink.
The testament testar and inventar of the guids geir sowmes of mony and dettis pertaining to umquhle Johnne Arnot in Dalqueithe within the parochin of Urwell and sherifdome of Kinross the tyme of his deceis, quha deceist in the moneth of Junii the yeir of God jm vjc thrie yeiris
The testament, inventory, and valuation of the goods, possessions, sums of money, and debts belonging to the late John Arnot in Dalqueith, within the parish of Orwell and sheriffdom of Kinross, at the time of his death, who died in the month of June in the year of God 1603.
The next section concerns who composed the testament and will. Often it would be a mix of the deceased and their next of kin, often a spouse, but this one is a little unusual in being entirely composed by John, witnessed by a number of his peers and neighbours.
Faithlie maid and gevin up be him self at his duelling place in Dalqueithe the xxix day of Maii the yeir of God foirsaid, Befoir the witnesses Johnne Crammy in Blair of Forth, David Balvaird in Bordwie, Michell Hendersoun younger in Milnies of Forth, Robert Hendersoun thair, Robert Robertsoun in Laidlaschin, Johne Hatoun of West Moss, Walter Strahenrie at Staheinie Mylne, Johne Glass in Dalqueithe and Henry Hendersoun ther with utheris diverse.
Faithfully made and given up by himself at his dwelling place in Dalqueith on the 29th day of May in the aforesaid year of God, before the witnesses: John Crammy in Blair of Forth; David Balvaird in Bordwie; Michael Henderson the younger in Mills of Forth; Robert Henderson there; Robert Robertson in Laidlaschin; John Hatoun of West Moss; Walter Strahenrie at Staheinie Mill; John Glass in Dalqueith; and Henry Henderson there, together with various others.
Inventory of the Testament
The first major section of the testament will be the inventory of the deceased moveable possessions. Sadly these rarely go into much detail of exact possessions, but will be more concerned about livestock, grain, or merchandise. In John’s case here the inventory concerns the farming produce, and his household and personal goods are just summarised in a single vague line.
In the first the said umquhle Johnne Arnot in Dalqueithe had the guides, geir, sowmes of mony and dettis of the avail and prices efter following pertaining to him the tyme of his deceis foirsaid, viz:
Item ane gray meir price xviij li xiijs iiijd
Item ane gray staig price xviij li xiijs 4d
Item ane blak meir price xvj li
Item ane broun meir and ane staig price xx merks
Item xiij oxin, price of the pece ourheid xx merks, summa ijc lx merks
Item elevin ky price of the pece ourheid x li, summa jc x li
Item xxx yowis price of the pece ourheid xxxiijs iiijd, summa l li
Item xxx hoggis price of the pece ourheid ij merks, summa xl li
Item xx yeild scheipe price of the pece ourheid xxxvjs viijd, summa xxxvj li xiijs iiiijd
Item xl lambis price of the pece ourheid xiijs iiijd, summa xxvj li xiijs iiijd
Item sawin on the ground tua chalderis of aittis, estimate to the thrid corne extending to lxxxxvj bolls aittis, price of the boll with the fodder being small aittis liijs iiijd, summa iijc lxxxiiij merks
Item mair four bolls beir sewin estimat to the feird corne extending to xvj bolls beir price of the boll with the fodder iiij li, summa lxiiij li
Item in utensils and domicilis with the abulzements of his bodie estimat to xx li
Summa of the inventar —- viijc xliij li vjs viijd
First, the said late John Arnot in Dalqueith had the goods, possessions, sums of money, and debts, valued and priced as follows, belonging to him at the time of his aforesaid death, namely:
Item: one grey mare, valued at £18 13s. 4d.
Item: one grey stallion, valued at £18 13s. 4d.
Item: one black mare, valued at £16.
Item: one brown mare and one stallion, valued at 20 merks.
Item: 13 oxen, valued at 20 merks each; total 260 merks.
Item: 11 cows, valued at £10 each; total £110.
Item: 30 ewes, valued at 33s. 4d. each; total £50.
Item: 30 hoggs (young sheep), valued at 2 merks each; total £40.
Item: 20 barren sheep, valued at 36s. 8d. each; total £36 13s. 4d.
Item: 40 lambs, valued at 13s. 4d. each; total £26 13s. 4d.
Item: two chalders of oats sown in the ground, estimated to yield threefold grain amounting to 96 bolls of oats, valued together with the straw, the oats being of poor quality, at 53s. 4d. per boll; total 384 merks.
Item: a further 4 bolls of barley sown, estimated to yield fourfold grain amounting to 16 bolls of barley, valued together with the straw at £4 per boll; total £64.
Item: in household furnishings and domestic utensils, together with his personal clothing and equipment, estimated at £20.
Total of the inventory: £843 6s. 8d.
Debts Owed In
After the moveable goods come the debts owed to John. With the goods these make up the total value of his estate. These next two sections are often valuable parts of these documents in revealing to us the individual’s network of friends and contacts.
Followis the dettis awin to the deid
Item thair was awin to the said umquhle Johne Arnot in Dalqueiche be Robert Broun of Findlanit the sowme of iijc merks principall and of byrun annuellis cum witsonday xl merks
Item be Johne Craufurd of Claslottie L merks to be payit at mertymes nixt and for tua bolls beir xxviij merks to be payit at mertymes nixt to cum
Item be Robert Douglas of Drungarland jc xviij merks quhilk sould have bene payit at candalmas last was
Item be Andro Rutherfurde alias Braithtie in Fanyhill x merks to be payit at mertymes nixtocum
Item be Walter Wistwatter in Tonysyk vj li
Item be Alexander Robertsoun in Laitgrene jc li and for ane furlot beir xxxiijs iiijd
Item be Johnne Young in Middlerig of borrowit silver L merks
Item mair of bygane annuaell vj merks
Item mair for ane boll beir xj merks
Item mair of borrowit silver ten merks
Item of dunel xxs
Item mair be him xxs
Item be Adame Young in Auchtany ten merks
Item be Alexander Adamsoun ther xxij merks vjs viijd
Item be Henry Andersoun ther xxv merks
Item be George Hering in Ruthfaldslap for ane boll of aitis the price of ane boll of meill price therof xls
Item be David Hendersoun in Fairrieheill for ane boll of aittis the price of ane boll meill price therof xls
Item mair be him vij merks xs
Item be Andro Blaikwod in Balk iij li and for ane furlot of aittis xxxiijs iiijd
Item be Laurence Bontorne in Dewgelie xx li
Item be David Horne in Glendie Mylne jc li
Item be Johnne Craning in the Blair of Forth of principall sowme ijc merks and of byrun annuellis xxxij merks
Item mair be him xxiiij merks to be payit at Witsonday nixtocum
Item be Jane Henrysoune in the Neyertoun of Tolemuchie jc xliij merks
Item be Gellis Balfour in the mylnis of Forth iij li xiijs iiijd
Item xx li of Thomas Hendersoune alias Cautis bairnes and half ane boll meill of bygane annuell parts xxs and ane uyer half boll to be payit at mertymes nixtocum parts xxs
Item be Michaell Hendersoun younger ther xvj merks
Item be Robert Thomesoun in Segie xx li
Item be David Thomsoun ther xl li
Item be Johne Broun in Crage xxvj merks
Item be Johnne Young ther xvj merks or fyve firlots beir of the crope vjc tua yeiris
Item be Waltar Young fyve firlots of aittis in anno foirsaid, price of the boll xls, summa ljs
Item be Kathrene Schaw in Neyer Craige xx li and ane boll of aittis price xls
Item be George Dempsartoun in Littill Arnot xx merks vjs viijd
Item be Robert Robertsoun in Laidlasthin jc xiiij merks viijs
Item be Henry Angus in Warrok xiij merks vjs viijd
Item be Henry Lathangie in Laidlathin xxxvs
Item be Robert Andersoun in Drumgarland xiiij merks
Item be Patrik Schairpe in the Gowane xxv merks
Item be Johne Huggoun in Quhonlawhill xij merks
Item be William Bameage ther xiij merks vjs viijd
Item be Johne Gibsoun in Tilluchie xx li
Item be Thomas Greis younger ther xvij merks
Item be Johne Adamesone in Tannynane ten merks
Item be Thomas Broun in Faidlarie xxxiij merks
Item be Robert Glass in Dalqueiche xl li and fyve firlots of aittis in anno jm vjc tua yeiris, price of the boll xls, summa Ls
Item mair be him ten punds referrit in will
Item be William Glass ther xxij merks
Item be William Dempstartoun in Kinross lxxxvj li xiijs iiijd
Item be Andro Lamb in Tannynane for aittis x li and of borrowit silver iij li
Item be Thomas Myller in Murheid vj li xs
Item be Mitchell Andersoun in Craigvie x merks xs
Item be William Burt in the Bowtoun iiij li iijs iiijd
Item be William Strahecurite in Strahecurite Myln vj li
Item be William Clark in the Backlaw iij li
Item be Alexander Thomesoun in Sigy xls
Item be Alexander Lonthane in the mylnes of Forth liijs iiijd
Item be Michell Huntoun ther iiij li
Item be Elspeth Kilgour in Carnebo xxxiijs iiijd
Item be Archibald Fisher in Dolor iij li xixs vjd
Summa of the dettis awin to the deid — jm vc lj li ijs 8d
Summa of the inventarie with the dettis — ijm iijc lxxxxiiij li ixs 4d
The debts owing to the deceased follow
Item: there was owed to the said late John Arnot in Dalqueith by Robert Brown of Findlanit the principal sum of 300 merks, and in overdue annual payments up to Whitsunday, 40 merks.
Item: by John Crawford of Claslottie, 50 merks to be paid at the next Martinmas, and for two bolls of barley, 28 merks, also to be paid at the next Martinmas to come.
Item: by Robert Douglas of Drungarland, 118 merks, which ought to have been paid at the last Candlemas.
Item: by Andrew Rutherford, called Braithtie, in Fanyhill, 10 merks to be paid at the next Martinmas.
Item: by Walter Wistwatter in Tonysyk, £6.
Item: by Alexander Robertson in Laitgrene, £100, and for one firlot of barley, 33s. 4d.
Item: by John Young in Middlerig, for borrowed money, 50 merks.
Item: further, for overdue annual payment, 6 merks.
Item: further, for one boll of barley, 11 merks.
Item: further, for borrowed money, 10 merks.
Item: for “dunel” [possibly a type of cloth or debt item], 20s.
Item: further owed by him, 20s.
Item: by Adam Young in Auchtany, 10 merks.
Item: by Alexander Adamson there, 22 merks 6s. 8d.
Item: by Henry Anderson there, 25 merks.
Item: by George Hering in Ruthfaldslap, for one boll of oats, at the price of one boll of meal, valued at 40s.
Item: by David Henderson in Fairrieheill, for one boll of oats, at the price of one boll of meal, valued at 40s.
Item: further owed by him, 7 merks 10s.
Item: by Andrew Blackwood in Balk, £3, and for one firlot of oats, 33s. 4d.
Item: by Laurence Bontorne in Dewgelie, £20.
Item: by David Horne in Glendie Mill, £100.
Item: by John Craning in the Blair of Forth, principal sum 200 merks, and overdue annual payments of 32 merks.
Item: further owed by him, 24 merks to be paid at the next Whitsunday.
Item: by Jane Henryson in the Nethertown of Tolemuchie, 143 merks.
Item: by Gellis Balfour in the mills of Forth, £3 13s. 4d.
Item: £20 from the children of Thomas Henderson, called Cautis, and half a boll of meal for overdue portions of annual payments, valued at 20s, and another half boll to be paid at the next Martinmas, likewise valued at 20s.
Item: by Michael Henderson the younger there, 16 merks.
Item: by Robert Thomson in Segie, £20.
Item: by David Thomson there, £40.
Item: by John Brown in Crage, 26 merks.
Item: by John Young there, 16 merks, or five firlots of barley from the crop of 1602.
Item: by Walter Young, five firlots of oats in the aforesaid year, at 40s. per boll; total 51s.
Item: by Katherine Schaw in Nether Craige, £20 and one boll of oats valued at 40s.
Item: by George Dempstertown in Little Arnot, 20 merks 6s. 8d.
Item: by Robert Robertson in Laidlasthin, 114 merks 8s.
Item: by Henry Angus in Warrok, 13 merks 6s. 8d.
Item: by Henry Lathangie in Laidlathin, 35s.
Item: by Robert Anderson in Drumgarland, 14 merks.
Item: by Patrick Schairpe in the Gowane, 25 merks.
Item: by John Huggoun in Quhonlawhill, 12 merks.
Item: by William Bameage there, 13 merks 6s. 8d.
Item: by John Gibson in Tilluchie, £20.
Item: by Thomas Greis the younger there, 17 merks.
Item: by John Adamson in Tannynane, 10 merks.
Item: by Thomas Brown in Faidlarie, 33 merks.
Item: by Robert Glass in Dalqueith, £40 and five firlots of oats in the year 1602, at 40s. per boll; total 50s.
Item: further owed by him, £10 referred to in the will.
Item: by William Glass there, 22 merks.
Item: by William Dempstertown in Kinross, £86 13s. 4d.
Item: by Andrew Lamb in Tannynane, for oats £10, and for borrowed money £3.
Item: by Thomas Miller in Murheid, £6 10s.
Item: by Mitchell Anderson in Craigvie, 10 merks 10s.
Item: by William Burt in the Bowtoun, £4 3s. 4d.
Item: by William Strahecurite in Strahecurite Mill, £6.
Item: by William Clark in the Backlaw, £3.
Item: by Alexander Thomson in Sigy, 40s.
Item: by Alexander Lonthane in the mills of Forth, 53s. 4d.
Item: by Michael Huntoun there, £4.
Item: by Elspeth Kilgour in Carnebo, 33s. 4d.
Item: by Archibald Fisher in Dolor, £3 19s. 6d.
Total of the debts owing to the deceased: £1,551 2s. 8d.
Total of the inventory together with the debts: £2,394 9s. 4d.
Debts Owed Out
This is the mirror to the previous section, debts owned by John to his fellows. Indebtedness was a normal part of Scottish society at this time, and it is not unusual sometimes for debts to outpace assets and debts owed in. Often debts would include wages for servants. John seems to have had quite healthy finances.
Followis the dettis awin be the deid
Item ther was awin be the said umquhle John Arnot in Dalqueiche to Johne Balward in Birdlbell the sowme of jm merks promesit to him be contract of mariag with Cristiane Arnot his dochter
Item to Johnne Moreiss servand to the said Johnne Arnot xl li
Item to David Neill xx merks
Item to ane nobill and potent lord William Earl of Mortoun Lord Dalkyth for maills teinds and mairt silver lxxviij merks vjs viijd
Item to Andro Hutsoun merchand in Kinross xlvj merks vjs viijd
Item to Andro Rind for his fie fyve merks
Item to Violet Scharay for hir fies v merks
Summa of the dettis awin be the deid —- viijc xij li
The debts owed by the deceased follow
Item: there was owed by the said late John Arnot in Dalqueith to John Balward in Birdlbell the sum of 1,000 merks, promised to him by marriage contract with Christian Arnot, his daughter.
Item: to John Morris, servant to the said John Arnot, £40.
Item: to David Neill, 20 merks.
Item: to a noble and powerful lord, William, Earl of Morton, Lord Dalkeith, for rents, teinds (tithes), and mart silver, 78 merks 6s. 8d.
Item: to Andrew Hutson, merchant in Kinross, 46 merks 6s. 8d.
Item: to Andrew Rind for his fee (wages), 5 merks.
Item: to Violet Scharay for her wages, 5 merks.
Total of the debts owed by the deceased: £812.
Totals
This next section then calculates what is left of the estate. In Scots law the remaining sum would then be divided in two if the person had a spouse, or into three if they had a spouse and children, and the spouse and children would automatically get a portion. The remaining half or third would be the ‘dead’s part’, which they could then bequeath however they chose. A small portion would be hived off as a fee.
Restis of frie geir the dettis deductit —- jm vc lxxxij li ixs 4d
To be dividit in thrie partis, deids part is —- vc xxvij li viijs ixd
Quhairof the quot is componit for —- xvj li
[margin] Quotta componitur —- xvj li
Remaining free estate after deduction of debts: £1,582 9s. 4d.
To be divided into three parts, the deceased’s part being: £527 8s. 9d.
Whereof the confirmation tax (“quot”) is assessed at: £16.
[margin] Confirmation tax assessed: £16
Legacies
This next section was the opportunity for the dead to distribute their half or third, and specify anything else they wanted to be settled. Often these include a statement at the beginning committing their soul to God and body for decent burial, but John here gets straight to the point. We also learn that John could not wright. This does not necessarily mean he could not read as well.
Followes the deids legacis and lattre will
Upoun the xxix day of Maii the yeir of God jm vjc thrie yeiris, the quhilk day the said Johnne Arnot in Dalqueiche maid his legacie and lattre will as efter followis, viz:
Item the said Johne nominats makes and constitutes Elspet Hendersoun his spous and Henry Arnot ther eldest sone his executors testimentars and onlie intromittors with his haill guids, geir and dettis abovewrittin and to divide and distribute the haill tua parts therof equallie amangis the said Henry Arnot, Johnne Arnot, Robert Arnot, and Margaret Arnot his bairnes, except only xl li of his awin thrid thairof, quhilk he tent and ordainis to be gevin to the said Robert Arnot his youngest sone
Item the said Johnne tents to the said Henrie his eldest sone the haill tua part of the insicht and plenessing within and about his hous in Dalqueithe to be intromettit with and disponit upoun be the said Henry at his plessour
Item the said Johnne ordanit the said Henry to enter to his sonny toft and sonny ryn of his haill mailing and seiding in Dalqueithe and the said Elspet his spous to enter to bruik jouse and posses that haill schadwa toft and schadwa ryn of the samyn during hir lyftyme and efter hir deceis the said Henrie to enter to the haill
This wes done in the said Johneisa win chalmer about four hours afternone befoir thir witnesses abovespeirit
Sic Subscribitur Johnne Arnot with my hand at the pen led be the nottar underwrittin at my command becaus I can not wryte myy self.
Ita est Gavinus Alexander notarius publiciis de majestie dicti ordinis ut asserint scibiere nescior manu sua.
The deceased’s bequests and latter will follow
Upon the 29th day of May in the year of God 1603, on which day the said John Arnot in Dalqueith made his legacy and latter will as follows, namely:
Item: the said John nominates, makes, and appoints Elspet Henderson, his spouse, and Henry Arnot, their eldest son, as his executors testamentary and sole administrators of all his goods, possessions, and debts above written; and to divide and distribute the whole two parts thereof equally among the said Henry Arnot, John Arnot, Robert Arnot, and Margaret Arnot, his children, except only £40 from his own third part, which he wills and ordains to be given to the said Robert Arnot, his youngest son.
Item: the said John wills to the said Henry, his eldest son, the whole two parts of the household furnishings and plenishing within and about his house in Dalqueith, to be administered and disposed of by the said Henry at his pleasure.
Item: the said John ordained the said Henry to enter to his “sunny toft and sunny run” [that is, the better or sunnier half] of all his rented farm and sowing lands in Dalqueith; and the said Elspet, his spouse, to enter, enjoy, use, and possess the whole “shady toft and shady run” of the same during her lifetime, and after her death the said Henry to enter to the whole.
This was done in the said John’s own chamber about four hours after noon, before the witnesses above named.
Thus subscribed:
“John Arnot, with my hand at the pen led by the notary underwritten at my command, because I cannot write myself.”
“So it is, Gavin Alexander, notary public by royal authority, because he declared that he did not know how to write with his own hand.”
Confirmation
The final part of every one of these documents was the official confirmation. Often the writer would just jot down the essentials with many ‘etc’s to save time when writing.
We Mr Johnne Molsoun, etc, and gives and committes the intromissione with the samyn to the saidis Elspeth Hendersoun and Henry Arnot executors testamentary to the said umquhle Johnne Arnot, Reservand compt to be maid be thame therof as accords of the law and thay being sworne etc and Alexander Seytoun in Strameglo is becum cautioner etc as ane act maid therupoun beiris.
We, Mr. John Molsoun, etc., confirm and commit the administration thereof to the said Elspeth Henderson and Henry Arnot, executors testamentary to the said late John Arnot, reserving account to be made by them thereof according to the law; and they being sworn, etc., and Alexander Seytoun in Strameglo having become cautioner (surety), etc., as an act made thereupon bears.
Need Help Reading an Old Scottish Document?
Documents like the above can be difficult to read. Faded ink and poor paper are immediate issues, but the secretary hand they were written in needs expertise and patience to decipher. AI is utterly hopeless on all but the most uniform and clear hands. These documents also include the rich Scots language of the 17th century, not to mention a host of legal abbreviations and phrases that you often just have to know.
So if you have a document on these lines you would like help with, just get in contactfor a quote. Documents accepted digitally worldwide.