Help with a Will please

[CobaltBlue]

Hi

I would be grateful for help with the following section of text taken from a 2-page 1789 Will relating to a clergyman who died in Dunfermline in 1780.

“….The said executrix gives up for conformation the sum of 20 pounds sterling, being part of a greater sum due by a Bond bearing (?)annualments and penally granted to the Defunct by Alexander (?)Mien, Portioner of (?)Sildow and Thomas Maor (Marr, Mann?) late surgeon of His Majesty’s sloop RaceHorse, dated 17 June 1773….”

My assumptions arising from reading this section essentially are:

•   In 1773, the two individuals mentioned (presumably ‘gentlemen’ from the description) did some wrong to the deceased and were forced by a court to lodge a bond which granted him annual payments.

•   The executrix (who I know is the deceased’s widow) had to hand back a part of the payment which she continued to receive after her husband’s death, but failed to own up at the time.

For anyone who understands such legal matters, are my assumptions correct, and what sort of offences would have incurred such a penalty?

Many Thanks

[jessden]

Hi
From the extract that you provided it seems that two named individuals entered into a bond (that is a legally binding obligation) to pay an annuity to the clergyman for the duration of his life.  Without knowing the terms of the original bond it is difficult to know what the motivation was for this action. It could be that the clergyman had a particularly poorly paid job and they were just helping him.  It could be that he had in return given up to them some property or right or it might be as you suggested they had wronged him in some way.

I'm not sure why you think that they were obliged to enter into the obligation by a court. The bond would however probably have been entered in the records of a court "for preservation and execution".  This was a routine legal process which ensured that there was an official record of the existence of the bond and which simplified the enforcement of the payments in the event of default by the people who were supposed to be making the payments. The Court's role would be to enforce payment.

Jessie

[CobaltBlue]

Thank you to Jessden for a very helpful reply indeed.

With reference to why I considered it to be a court matter (and therefore acrimonious), it was really the words "...and penally granted to the said Defunct...."

I assumed the word "penally" meant some sort of punishment.  However, as I am not familiar with legal terms modern or early, I defer to those who know better.

CB

[Archivos]

Yes, penal means "inflicting or imposing punishment, punitive, penal" according the Dictionary of the Scots Language (www.dsl.ac.uk)

I would have a look to see if any Protocol Books have survived for the area and date, or local court books.  Protocol Books were the record of Notary Publics who recorded various actions in their books.  This included sasines (the transferring of land), debts (for and against people) and other events such as marriage contracts. 

Court Books (be they Baillie Court, Justice Court or Sheriff Court) may also have a record of any wrong against a person and the subsequent outcome.  Generally speaking, Sheriff Court books are held at the National Archives for Scotland (www.nas.gov.uk) while other types may be held in local archives.  Aberdeen, for example, holds both Baillie Court and Justice Court books along with other records which might contain information on an event which resulted in money being paid.  These include Enactmant Books - I'm not sure if other places have similar records.

[CobaltBlue]

Many Thanks to Archivos for providing more detail.

I now know where to look for further information.

CB