James Keith of Drumtochty - Miles Kerr-Peterson

James Keith of Drumtochty succeeded his father, John Keith of Drumtochty (also styled ‘of Craig’ or ‘Craig of Garvock’) by 1559.^{^[1]}For a time he was captain of Dunnottar Castle for William Keith the fourth Earl Marischal.^[2]

He was married to Katherine Fullerton, daughter of William Fullerton of Cragie. She outlived him, and is mentioned in his will. He died in 1574.

His confirmed children are:

His eldest son and successor, Mr James Keith of Craig and Drumtochty /of Wodstoun.
Younger son Andrew Keith, described as brother to Mr James Keith of Drumtochty in 1591.^[3] He is not mentioned in the first will, but took charge of the second of 1597, as the first omitted quite a lot of James’ property (see below). It is possible he was acting on behalf of his sisters as they seem to have been almost cheated out of quite a lot of money through the omissions.
Daughter Helen Keith, wife of Andrew Melvill of Harviestoun (mentioned and provided for in the first will below)
Daughter Elizabeth Keith (mentioned in the will below)
Daughter Christian Keith (mentioned in the will below)
Daughter Ann Keith (mentioned in the will below)

Unconfirmed are:

I used to think Mr Alexander Keith of Over Dysart was this man’s son, as he was very close to the Keiths of Drumtochty. However, I now think he was actually the son of Robert Keith of Canterland, mentioned in that man’s will.
Robert Keith, elder, burgess of Montrose.
David Keith of Balmadie.

The Hague Armorial Roll (1590-1592) shows the arms of Keith of Drumtochty as the Keith shield impaled with a red crescent.

Transcription and Translation of the 1577 Will of James Keith of Drumtochty

Transcription

CC8/8/5 James Keith 1577

[Margin: James Keith Secundo Februarii 1576]

The testament, testamentar and inventar of the gudes geir sowmes of money and dettis pertaining to umquhile James Keyt of Drumtochtie the tyme of his deceis, Quha deceist in the moneth of Januar the yeir of God jm vc lxxiiij yeris.

Faithfullie maid and gevin up be him self as concerning the nominatioun and detts awand be him and partlie given up be Katherine Foulartoun his relict and Mr James Keith as concerning the inventar of his guds and dettis awand to him quhen he nominat his executors in his latter will of the dait the viij day of Januar the yeir of God foirsaid Befoir the witnesses David Sibbet of Cair, James Keyt of Tullo, Mr William Chalmer person of Newesk and nortar publict with uthers divers.

In the first the said umquhle James Keith had the guds geir sowmes of money and dettis of the availe and prices efter following pertening to him the tyme of his deceis foirsaid, viz

Upoun the toun and lands of Powburn, Sheillis and Haddo, fiftie nyne oxin, price of the pece overheid vj li, summa iijc liiij li
Item ane bull price v merks
Item xvj ky, price of the pece v li, summa lxxx li
Item ten calfis and surks price of the pece overheid xxs, summa xli
Item of ane twa and thrie yeir auld beistis xvij price of the pece overheid [+], summa xlij li xs
Item lx gyermer and dyermont, price of the pece overheid xs, summa xxx li
Item in the barnes and barneyards of Powburne and Sheillis threttie scoit bollis aittis price of the boll with the fodder overheid xxiiijs, summa vijc xx li
Item of beir lx bolls price of the boll with the fodder xlvjs viijd, summa jc xl li
Item of quheit xxx bolls price of the boll with the fodder iiij merks, summa lxxx li
Item viij wark horssis, price of the pece overheid viij li, summa lxiiij li
Item foure meris price of the pece overheid viij merks, summa xxxij merks
Item mair sex scoir yewis price of the scoir overheid xvj li, summa lxxxxvj li
Item upoun the lands of Over Cragy viij oxin price of the pece vj li, summa xlviij li
Item xxx yowis price of the pece xvj li, summa xxiiij li
Item xl hoggs price of the pece xs summa xx li
Item of ane and tua yeir auld beistis sex price of the pece overheid xxxiijs iijd, summa xli
Item ane meir and ane pill price of thame viij merks
Item in the yaird thrie stakks of aittis estimat to xl bolls aittis, price of the boll with the fodder xxiiijs, summa xlviij li
Item in Logie lxxx of wedder sheip price of the pece overheid xxs, summa lxxx li
Item upoun the ground of Farmstoun xx oxin price of the pece vjc, summa vjxx li
Item thrie horsis price of the pece viij li, summa xxiiij li
Item in the barne and barneyaird lxxx bolls aitts price of the boll with the fodder xxiiijs, summa lxxxxvj li
Item of beir xxiiij bolls, price of the boll with the fodder xlvjs viijd, summa lvj li
Item in utencilis and domicilis by the airschip estimat to ane hundreth punds

Summa of the inventar —- ijm ijc lxxij li xs

Followes the detts awand to the deid.

[page 2]

Item ther wes awand to the said umquhle James Keith be Thomas Soutar xij li xs
Item be David Jak xxiij li vjs viijd
Item be Alexander Wachauthane in Glast xls
Item be the laird of Fettircarne xxxij merks
Item be Alexander Marshell in Aden lxxviij li
Item be Johne Stratoun in Reidfurd xxiiij li
Item be Robert Shiphird at the kirk of Garvok xv li
Item be Jon Barclay in Culleink xij li
Item be Andro Urd ane chalder victual totellis xl merks
Item be William Foulartoun in Craige tua hundret pund
Item be Gilbert Sibbat in Aberdene lxij li vjs viijd
Item be Patrik Fesher of Pitnamone x merks
Item be David Sibbet of Cair ane hundreth foure li
Item be Stevin Stathan at the Myln of Torie lxxij liItem be Andro Rait, Alexander Myller, James Myln and James Foulartoun xxx li
Item be James Foulartoun in Monthgreheid xlviij li xiijs iiijd
Item be Johne Pautoun in Glentorre for xl bolls aitts ressaivit be him furt of the yaird of Logie the soum of xlviij li
Item mair be him for vj bolls beir xiiij li
Item be the tennents of Logie for ther fermes in anno lxxiiij yeirs foure chalder meill and bere price of the boll overheid xls, summa jc xxviij lib

Summa of the debts awand to the deid —- ixc xxviij li xs

Summa of the inventar with the dettis —- iijm ijc j li

Followes the deits awand be the dead

Item ther wes awand be the said umquhle James Keith to ane nobill and potent lord William erle of Mershell the soume of ane thousand punds
Item to Sir John Wishart of Pittaro knyt five hundreth merks
Item to [gap] Keith in Dunnottar lxx li
Item to James Keyt in Archquorsk ane hundreth ten pund
Item to Robert Keyt of Canterland his bruyer xlvj li xs
Item mair to him for his teinds of the Scheills and half toun of Achterhous in anno lxxiiij yeirs xvj li xiijs iiijd
Item to Mr David Pautoun for the restis of his teindsof Logie and toun of Over Craigie xvj li
Item mair to him for his teinds of Powburne and Haddo in anno lxxiiij yeirs xxxix li ijs viijd
Item to Johne Allerdois of that ilk and Margaret Erskin his moyer for the fermes of Powburne in anno lxxiiij yeirs xlvj bolls meill and xlbj bolls beir price of the boll overheid ij merks, summa jc xxij li xiijs iiijd
Item mair to thame xij bolls quheit price of the boll xls, summa cciiij li
Item to Johne Strachane of Thornetoun iiij li
Item to the bishop of Sanct Androws chalmerlanes x merks
Item awand be him mair iij li
Item awand to my lord erle Mershell for the rest of his comptis of the males the soume of ane hundreth fourtie punds

Summa of the dettis awand be the deid —- jm ixc xxxij li iijs iiijd

Restis of frie geir the deits deductit —- jm ijc lxviij li xvjs viijd

To be devidit in thrie partis the deids part is —- iiijc xxij li xviijs xd

Quhairof the quot is componit for —- xvjs

Followis the deids legacie and latter will

[Page 3]

Upoun the viij day of Januar the yeir of God jm vc lxxiiij yeirs, the quilk day James Keith of Drumtochtie maid his latter will and legacie as follows, viz:

In the first the said James Keith levis his saule to God almichtie and bones to be bureit in his paroche kirk of Garvok and constituts his wyf Katherine Foulertoun and Mr James Keyt his eldest sone his executors and overmen to seyit his latterwill be fulfillit, nobill lord William erle Mershell, William maister Marshell his sone, Robert Keith of Canterland and Mr William Chalmer referand the upgeting of his guds and geir to his spous foirsaid and hir servands that his dwelling therof

confessing him to be awand at this present:

To the said nobill lord William erle of Mersell ane thousand punds
To John Wishart of Pittorow five hundreth merks
To George Keyt in Dunnottar lxx li
And James Keyt in Archquhorsk ane hundreth ten punds

All borrowit money

To his bruyer laird of Canterland xlvj li xs
Item for teind silver of lxxiiij yers to his said bryer xvj li xiijs viijd of the toun of Sheillis and half toun of Aucherhousis
Item to Mr David Pautoun for the said crope teinds silver of Logie and toun of Over Cragie and for the rest of the said teind silver therof in anno lxxiij xvj li and for lxxiiij yeirs to theteind silver of the Powburne and Haddo xxxix li vjs viijd
and for the said croppes ferme of Powburne to Johne Allerdes of that Ilk and Margaret Erskin his moyer quhilk is xlvj bolls mele and xlvj bolls beir at tua merks the boll, summa vjc ij li xiijs iiijd and for xij bolls quheit at xls the boll, summa xxiiij li
Item to Jon Stracquhen of Thorntoun for the full mail of the Haddo iiij li for lxiiij yeiris Witsonday and Mertimes for the same yeris few males of Logie
To the bishop of Sanctandros chalmerlane vjc xiijs iiijd and for the said yeirs mail of the Sheills iij li and for the rest of his last compt restis to my lord Marshell sevin scoir punds

And he levis tuentie oxin to the plenneisment of the mains of Harviestoun and the same to be sawin baith with his aits, beir and quheit to his sone of law Andro Melvill of Harviestoun and his dochter Helene Keyt and frelie to be put in the did saivin to him and also givis them and to gif to the said Andro Melvill of Harviestoun the Mains of Over Cragie pleneist with corne and oxin providing that the said land of Harviestoun releve the said Katherine his spous and hir barnes of all actiounes Richard Foulartoun of Closhindrin the said laird of Harviestouns sisteris ther husbands and ther bairnis may bring to the said Katherine and hir barnes chairgs be quhatsmevir to till utherwyis

Levis the haill pleneisment in Over Cragie to his awin bairnes unmarrit and levis to ilk ane of his dochteris, viz Elizabet, Cristiane and Ann of his geir by all plenesing twa hundreth punds money to thair help by the rest of his bairnes etc

This wes done day yeir and place

[page 4]

Foirsaids, Befoir the witnesses David Sibbalt of Kair, James Keith in Tillo, Mr Williame Chalmer person of Neweosk and notar publict with uyers divers, Sic Subscribitur, Ita Est Magistrus Welelmus Chalmer notarius publicus.

We Mr Robert Maitland etc, Be the tennor heirof ratefeis approves and confirmis this present testament or inventar in sa far as the same is deulie and truthfullie maid of the guids and geir abovespecefit alanerlie and givis and comittis the intromissioun with the same to the saids Katherine Foulartoun relict and Mr James Keyt eldest sone and executors testermatars to the said umquhile James Keyt, Reservand compt to be maid be thame of the guids and geir foirsaids as attours of law, Quha being sworne hes maid faith treulie to execut the said office and haif fundin cautioun that the guids and geir abovewrittin salbe furthcummand to all parties havand interes as law will as ane act maid therupon beiris.

TRANSLATION

The testament, testamentary inventory, goods, possessions, sums of money and debts belonging to the late James Keith of Drumtochtie at the time of his death, who died in the month of January in the year of God 1574.

Faithfully made and given up by himself concerning the naming of his executors and the debts owed by him, and partly given up by Katherine Fullarton, his widow, and Mr James Keith concerning the inventory of his goods and the debts owed to him, when he named his executors in his last will, dated the 8th day of January in the year of God stated above.

This was done before the witnesses David Sibbald of Kair, James Keith of Tullo, Mr William Chalmers, parson of Newesk, and a public notary, together with various others.

Inventory of his goods and possessions

First, the said late James Keith had the following goods, possessions, sums of money and debts, valued and priced as follows, belonging to him at the time of his aforesaid death:

On the town and lands of Powburn, Sheillis and Haddo: 59 oxen, valued at £6 each, total £354.
Item, one bull, valued at 5 merks.
Item, 16 cows, valued at £5 each, total £80.
Item, 10 calves and young cattle, valued at 20 shillings each, total £10.
Item, 17 cattle aged two and three years, valued at the stated price per head, total £42 10s.
Item, 60 yearling and two-year-old sheep, valued at 10 shillings each, total £30.
Item, in the barns and barnyards of Powburn and Sheillis, 60 bolls of oats, valued at 24 shillings per boll, including fodder, total £72.
Item, 60 bolls of barley, valued at 46 shillings 8 pence per boll, including fodder, total £140.
Item, 30 bolls of wheat, valued at 4 merks per boll, including fodder, total £80.
Item, 8 working horses, valued at £8 each, total £64.
Item, 4 mares, valued at 8 merks each, total 32 merks.
Item, 120 ewes, valued at £16 per score (20), total £96.

On the lands of Over Cragy:

Item, 8 oxen, valued at £6 each, total £48.
Item, 30 ewes, valued at 16 shillings each, total £24.
Item, 40 young sheep, valued at 10 shillings each, total £20.
Item, 6 cattle aged one and two years, valued at 33 shillings 4 pence each, total £10.
Item, one mare and one foal, valued together at 8 merks.
Item, in the yard, three stacks of oats, estimated at 40 bolls of oats, valued at 24 shillings per boll including fodder, total £48.

At Logie:

Item, 80 castrated male sheep, valued at 20 shillings each, total £80.

On the land of Farmstoun:

Item, 20 oxen, valued at £6 each, total £120.
Item, 3 horses, valued at £8 each, total £24.
Item, in the barn and barnyard, 80 bolls of oats, valued at 24 shillings per boll including fodder, total £96.
Item, 24 bolls of barley, valued at 46 shillings 8 pence per boll including fodder, total £56.
Item, household utensils and domestic goods, according to the heirship, estimated at £100.

Total value of the inventory: £2,272 10s.

Debts owed to the deceased

The following debts were owed to the said late James Keith:

Item, Thomas Soutar owed him £12 10s.
Item, David Jack owed him £23 6s 8d.
Item, Alexander Wachauthane in Glast owed him 40 shillings.
Item, the laird of Fettercarne owed him 32 merks.
Item, Alexander Marshall in Aden owed him £78.
Item, John Stratoun in Reidfurd owed him £24.
Item, Robert Shepherd at the church of Garvok owed him £15.
Item, John Barclay in Culleink owed him £12.
Item, Andrew Ord owed him one chalder of victual, valued at 40 merks.
Item, William Fullerton in Craige owed him £200.
Item, Gilbert Sibbald in Aberdeen owed him £62 6s 8d.
Item, Patrick Flesher of Pitnamone owed him 10 merks.
Item, David Sibbald of Kair owed him £104.
Item, Steven Strachan at the Mill of Torie owed him £72.
Item, Andrew Rait, Alexander Millar, James Myln and James Fullerton together owed him £30.
Item, James Fullerton in Monthgreheid owed him £48 13s 4d.
Item, John Pawton in Glentorre, for 40 bolls of oats received by him from the yard of Logie, owed him £48.
Item, he further owed him £14 for 6 bolls of barley.
Item, the tenants of Logie, for their rents in the year 1574, owed 4 chalders of meal and barley, valued at 40 shillings per boll, total £128.

Total debts owed to the deceased: £928 10s.

Total value of the inventory together with the debts: £3,201.

The Debts Owed by the Deceased

The following were the debts owed by the said late James Keith:

Item, he owed the noble and powerful lord William, Earl Marischal, the sum of £1,000.
Item, he owed Sir John Wishart of Pittarrow, knight, 500 merks.
Item, he owed [gap] Keith in Dunnottar, £70.
Item, he owed James Keith in Archquhorsk, £110.
Item, he owed Robert Keith of Canterland, his brother, £46 10s.
Item, he further owed him, for his tithes from Sheillis and half the town of Achterhous, for the year 1574, £16 13s 4d.
Item, he owed Mr David Pawton, for the outstanding balance of his tithes from Logie and the town of Over Cragie, £16.
Item, he further owed him for his tithes from Powburn and Haddo for the year 1574, £39 2s 8d.
Item, he owed John Allardice of that Ilk and Margaret Erskine, his mother, for the farm rents of Powburn for the year 1574, 46 bolls of meal and 46 bolls of barley, valued at 2 merks per boll, total £122 13s 4d.
Item, he further owed them 12 bolls of wheat, valued at 40 shillings per boll, total £24.
Item, he owed John Strachan of Thorntoun, £4.
Item, he owed the chamberlain of the Bishop of St Andrews, 10 merks.
Item, he owed him a further £3.
Item, he owed my lord, the Earl Marischal, for the outstanding balance of his accounts for rents, the sum of £140.

Total debts owed by the deceased: £1,932 13s 4d.

Balance of free goods after deduction of the debts: £1,268 16s 8d.

This balance was to be divided into three parts. The deceased’s part is £422 16s 10d.

Of this, the quot (the fee or duty payable on the estate) was 16 shillings.

The Deceased’s Legacy and Last Will

On the 8th day of January in the year of God 1574, on which day James Keith of Drumtochtie made his last will and testament as follows:

First, the said James Keith commends his soul to Almighty God, and his bones to be buried in his parish church of Garvock.

He appoints his wife, Katherine Fullerton, and Mr James Keith, his eldest son, as his executors and supervisors, to see that his last will is carried out.

He appoints the noble lord William, Earl Marischal; William, Master Marischal, his son; Robert Keith of Canterland, and Mr William Chalmers to oversee the recovery and collection of his goods and possessions, leaving the administration of them to his aforesaid wife and her servants at his dwelling.

He acknowledges that he is presently in debt as follows:

To the noble lord William, Earl Marischal: £1,000.
To John Wishart of Pittarrow: 500 merks.
To George Keith in Dunnottar: £70.
To James Keith in Archquhorsk: £110.

These are all borrowed sums of money.

To his brother, the laird of Canterland: £46 10s.
Item, for tithe silver for the year 1574, to his said brother: £16 13s 8d, from the town of Sheillis and half the town of Aucherhousis.
Item, to Mr David Pawton, for the tithe silver of the same crop from Logie and the town of Over Cragie, and for the remainder of the tithe silver there for the year 1573, £16; and for the year 1574, the tithe silver from Powburn and Haddo, £39 6s 8d.
Item, for the farm rent of Powburn, to John Allardice of that Ilk and Margaret Erskine, his mother, consisting of 46 bolls of meal and 46 bolls of barley, at 2 merks per boll, total £602 13s 4d; and for 12 bolls of wheat, at 40 shillings per boll, total £24.
Item, to John Straquhan of Thornton, for the full rent of Haddo, £4, for the year 1574, at Whitsunday and Martinmas; and for the same year’s feu-rents of Logie.
To the Bishop of St Andrews’ chamberlain, £6 13s 4d, and for the rent of Sheillis for the said years, £3.
And for the remainder of his last account, there remains owing to my lord Marischal £160.

Bequests to his daughter and son-in-law

And he leaves 20 oxen for the stocking and improvement of the Mains of Harviestoun, and these are to be sown and worked with his oats, barley and wheat, for his son-in-law Andrew Melville of Harviestoun and his daughter Helen Keith.

The oxen are to be freely placed at Andrew Melville’s disposal for the sowing and cultivation.

He also gives to the said Andrew Melville of Harviestoun the Mains of Over Cragie, fully stocked with grain and oxen, on condition that the said lands of Harviestoun relieve and protect his wife, Katherine, and her children from all claims or actions which Richard Fullerton of Closhindrin, the said laird of Harviestoun’s sisters, their husbands, or their children might bring against Katherine and her children, by whatever means, in connection with cultivation or otherwise.

Bequests to his unmarried children

He leaves all the livestock and other stock of Over Cragie to his own unmarried children.

He leaves to each one of his daughters, namely Elizabeth, Christian and Ann, £200 in money, from his goods and possessions, to assist them, in addition to the provision made for his other children.

This was done on the day, year and place aforesaid.

Witnesses

Before the witnesses David Sibbald of Kair, James Keith in Tillo, Mr William Chalmers, parson of Newesk, and a public notary, together with various others.

Thus subscribed:

So it is.

Master William Chalmer, public notary.

Confirmation of the Testament and Inventory

We, Mr Robert Maitland, etc., by the authority of this document, ratify, approve and confirm the present testament and inventory, insofar as the same has been duly and truthfully made concerning the goods and possessions specified above only.

We give and commit the administration and handling of these goods and possessions to the said Katherine Foulartoun, widow, and Mr James Keith, eldest son and testamentary executors of the said late James Keith.

They are required to render an account of their administration of the aforesaid goods and possessions according to law.

Having been sworn, they have given their oath faithfully to carry out the said office, and have provided security that the goods and possessions written above shall be forthcoming to all parties having a lawful interest in them, as required by law, as an official act made thereupon bears witness.

Transcription and Translation of the 1597 Will of James Keith of Drumtochty

Transcription

CC8/8/30 James Keyth 1597

[page 1/345r]

[Margin] James Keyt xviij Augusti 1597

The testament dateive ad omissa and inventar of the guids, geir, sowmes of money and debts pertaining to umquhill James Keyth of Drumtochtie within the parochin of Fordoune in the Mearns, the tyme of his deceis, quha decessit in the monet of Januar the yeir of God jm vc threscoir fourteen yeiris

Omittit out of his principall confermit testament testamentar be Katherene Foullarton his relict spous and Mr James Keyt executors testamentaris confermit to him as the sayme of the dait at Edinburgh the secund day of Februar anno lxxv yeiris And now faythfulliw maid and given up be Andro Keyt in Heustoun his lawfull sone executory dative ad omissia decernit to him be decreit of the commissaris of Edinburgh as the saym decreit of the daitt at Edinburgh the nyntene day of May the yeir of God jm vc lxxxxvij yeiris at length proports.

In the first the said umquhill James Keyt of Drumtochtie hade the guids, geir, sowmes of money and dettis of the avail and pryces efter following pertaining to him the tyme of his deceis foirsaid, omittit out of his principall confermit testament testamentar foirsaid, viz:

Item thair is confermit in the said principall testmant testamentar upone the ground and lands of Powburn, Sheills and Haddo, fiftie nyne oxin albeit thair wes than upone the said ground and lands thrie scoir ten oxin and swa omittit alevin oxin, pryce of the pece overheid vj lib, summa thrie scoir sax punds

Item mair confermit in the said principall testament testamentar upoun the saids grounds and lands saxtein

[page 2/345v]

Ky albeit therin wer xxiiij jy and swa omitted aucht ky, price of the pece overheid v lib, summa xl lib

Item mair confermit in the said principall testament testamentar upoun the saids ground and lands ten calffis and stirks albeit thair wes twentie calffis and stirks of ane yeir auld and swa omittit ten calffs and stirks of ane yeir aulds, pryce of the pece overheid xxs, summa ten punds.

Item mair confermit in the said principall testament testamentar upoun the saids ground and lands sevinteine beistis of ane and twa and thrie yeirs auld albeir ther was thair xxiiij in number and swa omittit sevin of ane, twa and thrie yeir auld beistis, pryce of the pece ls, summa xvij lib xs

Item mair confermit in the said principall testament testamentar thrie scoir dymmid and dymmot and albeit ther wes ther six scoir dymmid and dymmot upoun the said ground and lands and swa omittit thrie scoir dymmid and dymmot, pryce of the pece ten schillings, summa xxx lib

Item mair upoun the said ground and lands sax scoir yewis abliet thair was than aucht scoit yawis and swa omitted fourtie yowis, pryce of the scoir saxteine punds, summa xxxij lib

Item mair confermit in the said principall testament testamentar in the barne and barnyard of Powburne and Scheills xxx scoir bolls aitts albeit thair wes then thar fyftie scoir bolls aitts and swa omittit tuentie scoir bolls aitts, pryce of the boll with the fodder xxiijs, summa iiijc lxxx lib

Item mair confermit in the said principall testament testamentar in the saids barnes and barneyards three scoir bollis beir albeit ther wes therin ten scoir bolls beir and swa omitted sevin scoir bolls beir, price of the boll with the fodder xlvjs viiijd, summa iijc vj lib xiijs iijd

Item mair confermit in the said principall testament testamentar in the said barnes and barneyards threttie bolls quiet albeit thair wes then thrie scoir bolls quheit and swa omitted xxx bolls quheit, pryce of the boll with the fodder iiij merks, summa lxxx lib

Item mair confermit in the said principall testament testamentar upone the saids ground and lands of Powburne, Scheills and Haddo

[page 3/346r]

aucht work hors albeit thair wes than twelff work hors and swa omitted foure work hors, price of the pece overheid aucht punds, summa xxxij lib

Item mair thair confermit in the said principall testament testamentar upoune the ground and lands of Ovie Craigie aucht oxin albeit ther wes than twelff oxin and swa omitted four oxin, price of the pece overheid xj lib, summa xxiiij lib

Item mair confermit in the said principall testament testamentar upoune the saids ground and lands xxx yawis albeit ther wes then fiftie yawis and swa omitted tuentie yowis, pryce of the pece overheid xvjs, summa xvj lib

Item mair confermit in the said principall testament testamentar upoune the saids ground and lands in the yard thrie stakes of aitts estimat to fourtie bolls aitts, albeit ther wes ten aucht scoir bolls aitts and swa omitted sex scoir bolls aitts, pryce of the boll with the fodder xxiiijs, summa jc xliiij li

Item omitted out of the said principall testament upoun the said ground and lands of ovier Craigie tuentie yeild scheip pryce of the pece overheid xxs, summa xx lib

Item mair omitted furth of the said principall testament four ky upoune the saids ground and lands pryce of the pece overheid v lib, summa xx lib

Item mair omitted furth of the said principall testament testamentar resten in the barne and barnyard of Ovir Craigie tuelff bolls beir pryve of the boll with the fodder xlvjs vijd, summa xxviij lib

Item mair confermit in the said principall testament testamentar upoun the ground and lands of Logue four scoir wadder scheip albeit ther wes than ten scoir wedder scheip and swa omitted sax scoir wodder scheip, pryce of the pece overheid xxs, summa jc xx lib

Item mair omitted furth of the said principall testament testamentar upoune the ground and lands of Logie ten oxin, pryce of the pece vj lib, summa lx lib

Item mair omitted surth of the said principall testament testamentar furth of the saids ground and lands of Logie in the barne and barnyard therof fourtie bolls beir, pryce of the boll with the fodder xlvjs viijd, summa lxxxxij lib vjs viijd

Item mair omitted furth of the said principall testament testamentar in the said barne and barnyard nyne scoir bolls aitts pryce of the boll with the fodder xxiiijs, summa ijc xvj lib

Item mair ther was confermit in the said testament testamentar upoun the ground and lands of Herveystoun in the barne and barneyaird thairof fourscoir bolls aitts, albeit ther wes than sacteine scoir bolls aitts and swa omittit twelff scoir bolls aitts, pryce of the boll with the fodder xxiiijs

[page 4/346v]

summa ijc lxxxviij lib

Item mair confermit in the said principall testament testamentar in the barne and barnyard of Herveystoun xxiiij bolls beir, albeit ther wes then six scoir bolls beir and swa omittit four scoir sacteine bolls beir bryce of the boll with the fodder xlvj s viijd, summa ijc xxiiij lib

Item mair omittit furth of the said testament testamentar in the said barne and barnyard of Herveystoun fourtie bolls quheit, pryve of the boll with the fodder iiij merks, summa jc lx merks

Item mair omittit furth of the said testament testamentar of the saids ground and lands of Herveystoun four ky, pryce of the pece overheid v lib, summa xx lib

Item mair omittit furth of the said testament upoun the saids ground and lands of Herveystoun thrie scoir scheip young and auld at xiijs iiijd the pece overheid, summa xl lib

Item mair omittit upoune the said ground and lands of Herveystoun auld and young yew beists of ane twa and thrie yeir aulds price of the pece overheid xs, summa xx lib

Item mair omittit furth of the said testament testamentar upoune the ground and lands of Drumtochtie, twelf scoir wodderiis, price of the pece overheid xxs, summa ijc xl lib

Item mair omittit furth of the said testament testamentar upoune the grounde and lands of Tuw fourtie scheip young and auld pryce of the pece overheid xvjs, summa xxxij lib

Item omittit furth of the principall testament and testamentar of reddie silver, four hundret punds

Item mair confermit in utencills and domicills by the airschipe, and hundret punds albeit the samyn was than worth by the airschipe sax hundret thrie scoir six punds xiijs iiijd and swa set within the just avail therin the sowme of fyve hundret lxvj li xiijs iiijd

Summa of the inventar ad omission —- iijm vijc lxxiij lib xvjs viijd

Followis the detts awin to the deid

Item ther was awin to the said umquhille James Keythe of Drumtochtie the dettis underwrittin omittit futher of his principall confirmit testament testamentar, viz:

Item thar is confermit in his said principall testament testamentar awin be David Jak in the Thyne xxxv merks albeit he was than restand awand to the said defunct ijc merks, and swa omittit awin be the said David Jak

[page 5/347r]

to the said defunct jc lib

Item mair thar is omittit of the said principall confermit testament testamentar awin be Jon Wardlaw merchand burges of Edinburgh the sowme of five hundred punds

Item mair ther is omittit furth of the said principall confermit testament testamentar awin be Andro Falconer, Andro Ravin, William Wylie, tennents and occupyaris quhaire Rasttoun and lands of Athereis for the teind silver restan in anno jm vc lxxiiij yeiris dyre amange tham xx lib

Item mair ommitit furth of the said principall testament testamentar awin be Alexander Lychtoun, Richard Kinneir, William Jak, Alexander Balie tenents in Drumtochtie for ther maills in anno foirsaid fourtie punds

Item mair omittit awin be Henrye Mylne at the Mylne of Drumtochtie for his maills in anno foirsaid ten libs

Item mair omittit awin be David Young, Johnne Marney tenents in Sceirglen for their maills in anno foirsaid xx lib.

Summa of the detts awin to the deid —- vijc lib

Summa of the inventar with the detts —- iiijm iiijc lxxij lib xvs viijd

Deids part is —- ijm ijc xxxviij lib viijs iiijd

Quhairof the quot is componit for — xl li

[Margin: Quotta componitur —- xl lib]

We Mr John Prestoun etc, understanding that efter drew summoning and lawfull proceedings maid be forme of edict openlie as effeirs of the executors and intromittors with the guids and geir of the said umquhile James Keyt and of uyeris haifand entres, To compeir etc, we decernit therinti as our decreit gein theirupoun beirs, Conforme to the quhilk we in our soveraine lords names and authoritie maks, constitutes ordains and confirmes the said Andro Keyt in executor dative ad omissi to the said umquhile James Keyt his father with power etc, Quhairupoun cautioun is funfin as ane act beirs.

TRANSLATION

The testamentary inventory of the omitted goods, livestock, sums of money and debts belonging to the late James Keith of Drumtochty, within the parish of Fordon in the Mearns, at the time of his death, who died in the month of January in the year of God 1574.

Omitted from his original confirmed testamentary inventory, proved by Katherine Fullarton, his surviving wife, and Mr James Keith, testamentary executors confirmed to him, according to the same, dated at Edinburgh on the second day of February 1575; and now faithfully made and given up by Andrew Keith in Houston, his lawful son, executor dative ad omissa, appointed to him by decree of the Commissaries of Edinburgh, according to the same decree, dated at Edinburgh on the nineteenth day of May in the year of God 1597, as the full terms of the decree state.

First, the said deceased James Keith of Drumtochty had the following goods, livestock, sums of money and debts, at the values and prices set out below, belonging to him at the time of his aforesaid death, which had been omitted from his aforesaid original confirmed testamentary inventory, namely:

Item: There are confirmed in the said original testamentary inventory, upon the lands and grounds of Powburn, Sheills and Haddo, 59 oxen, although there were then 70 oxen upon the said lands and grounds, and therefore 11 oxen were omitted. Price per head, £6; total £66.

Item: There are further confirmed in the said original testamentary inventory upon the said lands and grounds 16 cows, although there were 24 cows there, and therefore 8 cows were omitted. Price per head, £5; total £40.

Item: There are further confirmed in the said original testamentary inventory upon the said lands and grounds 10 calves and stirks, although there were 20 one-year-old calves and stirks, and therefore 10 one-year-old calves and stirks were omitted. Price per head, 20 shillings; total £10.

Item: There are further confirmed in the said original testamentary inventory upon the said lands and grounds 17 beasts aged one, two and three years, although there were 24 in number, and therefore 7 beasts aged one, two and three years were omitted. Price per head, £2 10s; total £17 10s.

Item: There are further confirmed in the said original testamentary inventory 60 castrated male sheep, although there were 120 upon the said lands and grounds, and therefore 60 were omitted. Price per head, 10 shillings; total £30.

Item: Further, upon the said lands and grounds, 60 ewes, although there were then 100 ewes, and therefore 40 ewes were omitted. Price per score of 20, £16; total £32.

Item: Further confirmed in the said original testamentary inventory, in the barn and barnyard of Powburn and Sheills, 60 bolls of oats, although there were then 100 bolls of oats, and therefore 40 bolls of oats were omitted. Price per boll, including fodder, 23 shillings; total £69.

Item: Further confirmed in the said original testamentary inventory, in the said barns and barnyards, 60 bolls of barley, although there were 100 bolls of barley, and therefore 40 bolls of barley were omitted. Price per boll, including fodder, 46 shillings 8 pence; total £138 13s 4d.

Item: Further confirmed in the said original testamentary inventory, in the said barns and barnyards, 30 bolls of wheat, although there were then 60 bolls of wheat, and therefore 30 bolls of wheat were omitted. Price per boll, including fodder, 4 merks; total £80.

Item: Further confirmed in the said original testamentary inventory upon the lands and grounds of Powburn, Sheills and Haddo, 8 working horses, although there were then 12 working horses, and therefore 4 working horses were omitted. Price per head, £8; total £32.

Item: Further confirmed in the said original testamentary inventory upon the lands and grounds of Over Craigie, 8 oxen, although there were then 12 oxen, and therefore 4 oxen were omitted. Price per head, £11; total £44.

Item: Further confirmed in the said original testamentary inventory upon the said lands and grounds, 30 ewes, although there were then 50 ewes, and therefore 20 ewes were omitted. Price per head, 16 shillings; total £16.

Item: Further confirmed in the said original testamentary inventory upon the said lands and grounds, in the yard, three stacks of oats, estimated at 40 bolls of oats, although there were 160 bolls of oats, and therefore 120 bolls of oats were omitted. Price per boll, including fodder, 24 shillings; total £144.

Item: Omitted from the said original testamentary inventory upon the lands and grounds of Over Craigie, 20 year-old sheep. Price per head, 20 shillings; total £20.

Item: Further omitted from the said original testamentary inventory, 4 cows upon the said lands and grounds. Price per head, £5; total £20.

Item: Further omitted from the said original testamentary inventory, remaining in the barn and barnyard of Over Craigie, 12 bolls of barley. Price per boll, including fodder, 46 shillings 8 pence; total £28.

Item: Further confirmed in the said original testamentary inventory upon the lands and grounds of Logie, 80 wether sheep, although there were then 100 castrated male sheep, and therefore 20 were omitted. Price per head, 20 shillings; total £20.

Item: Further omitted from the said original testamentary inventory upon the lands and grounds of Logie, 10 oxen. Price per head, £6; total £60.

Item: Further omitted from the said original testamentary inventory from the said lands and grounds of Logie, in the barn and barnyard there, 40 bolls of barley. Price per boll, including fodder, 46 shillings 8 pence; total £92 6s 8d.

Item: Further omitted from the said original testamentary inventory in the said barn and barnyard, 180 bolls of oats. Price per boll, including fodder, 24 shillings; total £216.

Item: Further, there are confirmed in the said testamentary inventory upon the lands and grounds of Harviestoun, in the barn and barnyard thereof, 80 bolls of oats, although there were then 160 bolls of oats, and therefore 80 bolls of oats were omitted. Price per boll, including fodder, 24 shillings; total £96.

Item: Further confirmed in the said original testamentary inventory, in the barn and barnyard of Harviestoun, 24 bolls of barley, although there were then 60 bolls of barley, and therefore 36 bolls of barley were omitted. Price per boll, including fodder, 46 shillings 8 pence; total £124.

Item: Further omitted from the said testamentary inventory, in the said barn and barnyard of Harviestoun, 40 bolls of wheat. Price per boll, including fodder, 4 merks; total 160 merks.

Item: Further omitted from the said testamentary inventory, from the said lands and grounds of Harviestoun, 4 cows. Price per head, £5; total £20.

Item: Further omitted from the said testamentary inventory, upon the said lands and grounds of Harviestoun, 60 sheep, young and old, valued at 13 shillings 4 pence each; total £40.

Item: Further omitted upon the said lands and grounds of Harviestoun, old and young ewe beasts, one, two and three years old, price per head 10 shillings; total £20.

Item: Further omitted from the said testamentary inventory, upon the lands and grounds of Drumtochty, 120 castrated male sheep, price per head 20 shillings; total £120.

Item: Further omitted from the said testamentary inventory, upon the lands and grounds of Tuw, 40 sheep, young and old, price per head 16 shillings; total £32.

Item: Omitted from the original testament and testamentary inventory, £400 in ready money.

Item: Further confirmed as household goods and domestic furnishings by the inheritance/estate, £100, although these were then worth, according to the inheritance, £666 13s 4d, and therefore were entered at their proper value therein at the sum of £566 13s 4d.

Total of the inventory relating to the omissions: £3,773 16s 8d.

Debts owed to the deceased

The following debts were owed to the deceased:

Item: There was owed to the said deceased James Keith of Drumtochtie the debts written below, omitted from his original confirmed testamentary inventory, namely:

Item: There is confirmed in his said original testamentary inventory £35 Scots owed by David Jack in the Thyne, although at that time he was still owing the said deceased 200 merks, and therefore £100 owed by the said David Jack was omitted.

Item: Further, omitted from the said original confirmed testamentary inventory, £500 owed by John Wardlaw, merchant burgess of Edinburgh.

Item: Further, omitted from the said original confirmed testamentary inventory, £20 owed by Andrew Falconer, Andrew Raven and William Wylie, tenants and occupiers of the lands of Rastoun and Athereis, for tithe money remaining unpaid in the year 1574, divided among them.

Item: Further omitted from the said original confirmed testamentary inventory, £40 owed by Alexander Lichtoun, Richard Kinneir, William Jak and Alexander Balie, tenants in Drumtochty, for their rents in the aforesaid year.

Item: Further omitted, £10 owed by Henry Mylne at the Mill of Drumtochty, for his rent in the aforesaid year.

Item: Further omitted, £20 owed by David Young and Johm Marney, tenants in Sceirglen, for their rents in the aforesaid year.

Total of the debts owed to the deceased: £700.

Total of the inventory together with the debts: £4,472 15s 8d.

The deceased’s share is: £2,238 8s 4d.

Of which the probate fee is assessed at: £40.

[Margin: “The probate fee is assessed at £40.”]

The decree appointing Andrew Keith

We, Mr John Preston and others, having understood that, following due summons and lawful proceedings, carried out by means of a public edict as is customary, concerning the executors and those who had taken possession of the goods and property of the said deceased James Keith, and concerning others having an interest therein, to appear, etc., we decreed accordingly, as our decree made thereupon bears witness.

In accordance with that decree, we, in the name and by the authority of our sovereign lord, make, constitute, appoint and confirm the said Andrew Keith as executor dative ad omissa of the said deceased James Keith, his father, with power, etc.

Security has been provided thereupon, as an act records.

[1] National Records of Scotland, Register of Deeds RD1/8 ff.361v-363v.

[2] RSSRS, vii, p.9, no.47

[3] RMSRS 1580-1593, p.677, no.1999