A Scottish Testament 1751, need Scots money confirmed of my transcription & more

[Annbee]

Hello,

I have a Testament from 1751 of which I am posting the most important bit I'd like to know. It's an account of a (probable) 5 x great grandfather in Pittenweem, who was a Baillie of the town, and a Kirk Elder, but got into a lot of debt in the last decade of his life. He was a Malster and Baker and purchased annual harvests of Bere (an old form of barley) from the church.

In 1742, the church reviewed his past accounts and it turned out, despite his regular payments, that he owed £200+ in scots money. A few years later, the Church tightened the screws on everyone who owed them money which lead my ancestor, Andrew Fowler/Fouler to agree to a Heritable Bond on his 'Tennement Houses'. I take this to mean (a) he owned houses in Pittenweem and (b) they acted as security in case he stopped paying off his debts; and that his debts were heritable to his oldest son Colin. (If anyone knows better, please correct me!)

He died in 1749, intestate it seems, and from the Testament it looks like his old Kirk and Town colleagues are in charge of the accounting (not his son Colin, who was more than capable of doing so, and so I am thinking it's the amount of debt that causes an outside Executor to be appointed)

The mid section of the Testament is stating the Town Clerk organised a sale of deceased Andrew’s ‘moveable’ items (goods, furniture, work gear - anything that was moveable) and raised £60 Scots and the Town Clerk is holding that money.

Then the will adds that Colin Fowler also purchased goods at the same sale, paid £40 Scots for the items he bought, and he too has that money in his possession.

So the sale raised £100 Scots. And from my interpretation of the figures, the Inventory of available finances from Andrew Fowler's estate is given to be £400 20 shillings scots.

I appreciate your thoughts! I have a few missing words too.

I am attaching two images, the opening statement of money involved and the closing summary of what is outstanding. I have used Scotlands People for information on how to interpret the figures involved. https://www.scotlandspeople.gov.uk/help-and-support/guides/dates-numbers-and-sums-money.

1. "... for payment and satisfaction? to the Said Exer XXX of the sum of jaj? £-e-e-e vij (306?) lib 1ß (1 shilling?) ij Scots money of jeren’ll (general?) with 1ß (1 shilling) money foresaid on such (or each?) pound of the said jeren’ll (general?) Sum of Expenses applea? (apply?) due by a Derect (final judgment) Obtained at the Instance of David Brown late Treasurer of Pittenweem..."

2. "...Said Exer gives up for Confirmation.
Summary of the Said Inventory is ivj? (4?) £-e-e-e vj? (400?) lib(pounds) -e ijß?(20?) shillings Scots money.
The XX Testament is Confirmation upon the 24th of July 1751 years And Andrew Wilson Brewar Burges of Pittenweem is become XXX for the Exer. " END OF DOCUMENT

I'd better add you might need to be aware of the weirdness of writing up scots money: Latin numerals and often a 'j' at the end of those, and apparently e-e means two hundred and e-e-e three hundred and so on.

[manukarik]

What you see as £-e-e-e vij (306?) lib 1ß (1 shilling?) I see as a word beginning with L then viij lib 1/3 ie £8, 1 shilling and thruppence (£8/1/3)

[Annbee]

NOTE: TO READ FULL TRANSCRIPT OF TESTAMENT, SCROLL DOWN THE PAGE AND FIND POST WITH THE FULL TEXT.

Thanks manukarik, you may be right that it is an 'L', but I don't think it's a word. I just found this (which makes my eyes spin in my head), I don't know if it helps your take on it.

What looks like an e-e-e may represent 'score' from what I see on this example/explanation.

[MollyC]

I don't think the example exactly parallels your document.
In the example, the symbol underlined in red is actually xx, a score, relating to the iiij before it.  So...

100(blue symbol), plus four score, plus 19 = 100 + 80 + 19 = 199

Therefore what looks like 'e' is actually 'x' with a long tail.  Your document uses x as a number, but not xx as a symbol.

In your document the money begins on the previous line with apparently "the sum of jaj".
Is the "aj" equivalent to the blue symbol in the example, so "j aj" meaning one hundred pounds?

Next line: "Lxxx viij lib 1/3"
The L might represent pounds, but as we have lib afterwards it seems to represent 50.
So 50+30+8 pounds, one shilling and thruppence.  (Or is it... 1s ijd?)

AMENDED - several times.  I'm open to a different opinion!

[Annbee]

Molly C, thank you! – and I just came to the same conclusion and the same figure! (I got delayed with life's interruptions): £88 1s ... but I missed the 6d. Then I think there's an expense of some sort of 1 shilling on each pound of that...Which might total about £4 8s.

I'm attaching the two sections which go before the final summary I attached previously. So you can see what's going on. There is an item for expense underlined which I now read as £51 6s. 6p. (scots). In the second attachment (no 4) I now read the 2 underlined figures, money raised from the sale of the deceased's goods etc, as (a) £150 (scots) and (b) £155 11s (scots) (meaning a total of £405 11s from the sale)... And (c) the summary of the inventory is ....£182 11s (scots)?

I'm open to any thoughts on this. Thanks for even looking at it

[GR2]

Taking them in order of appearance:

"Testament grab 2"

Summa (= Latin for 'sum/total') of the said Inventary is iij c Lxxxiij lib xij s (= £383 12/-) Scots money

The fores[ai]d Testament is Confirmed upon the 24th of July 1751 years and Andrew Wilson Brewar (= brewer) Burges of Pittenweem is become cautioner for the exe[cuto]r

[A cautioner was someone who stood surety that the executor would carry out his duties properly, especially when it came to matters financial.]

"Testament grab 1"

for payment and satisfaction to the said Exe[cuto]r pro tanto (= Latin for 'to that extent') of the sum of jaj Lxxxviij lib i s (= £1,088 1/-) Scots money of prin[cipa]ll with ij s (= 2/-) money foresaid (i.e. Scots money) on each pound of the said prin[cipa]ll sum of Expences of plea due by a Decreet (= decree) obtained at the instance of David Brown late Theasurer (= treasurer) of Pittenweem

"Transcribe 3"

prin[cipa]ll (= principal or capital sum) and a[nnual]rent (= annual rent = interest) thereof

"Transcribe 4"

ij c xL lib (= £240) Scots money

i c xLiij lib xij s (= £143 12/-) Scots money

iij c Lxxxiij lib xij s (£383 12/-) Scots money

[Annbee]

GR2, that is brilliant thank you so much. It's making more and more sense to me with these figures.

I believe Colin Fowler, who purchased half of the moveable goods, is the eldest son of Andrew Fouler known also as Fowler. (I am currently writing a website about Colin who famously lost his breeks watching the Battle of Prestonpans, amongst other stories). It was said, in the mid 1800s, in the newspapers, that one of his daughter's was 'an heiress' which for some years I've assumed to be a lighthearted fanciful description. But now I think this Testament supports a view the family had inheritable property from this early on, through generations, right down to my Fowler grandmother.

Obviously, with Andrew Fowler here, there were substantial debts to be paid out the estate, especially to the Burgh whose Treasurer had gone to court to stake their claim. The debt had been brewing (bad pun) for several years, even while Andrew remained a Baillie of the town and as an Elder was sent off to represent the Kirk at synods. I don't know why Andrew was unable to pay it off, hopefully it wasn't from being underhanded; his son Colin was well regarded as a decent person.

Andrew was 50 when he died, and he left a large family, the youngest child only 5 years old. I am assuming the reason that no-one in the family is mentioned, apart from Colin who I say is the eldest son, is because Andrew's estate was already being pursued in the courts (from 1747/8) and the person pursuing money owed is the Executor. 

An advertisement was placed in the papers a couple of months after this testament made, and creditors were called to make their claims.

I am attaching one last segment containing the last two words I cannot make out.

Thanks for your input so far, no worries if the following is indecipherable.

In the next post I'll paste the full transcription of the Testament, thanks to your and Molly C's input. Perhaps one day another Fowler descendant would like to read it.

[Annbee]

Transcription of the Testament of Andrew Fowler

...also known as Andrew Fouler of Pittenweem, who died 1749, intestate. The document mentions Colin Fowler of Pittenweem, Andrew is most likely the same man named on Colin's baptism record. Both men are Malsters and Bakers, both were successively Elders in the Kirk and both acted as Baillies at one time or another. 

The original document source: Scotlands People 1751 Fouler, Andrew (Wills and testaments Reference CC20/4/21, St Andrews Commissary Court) © Crown copyright, National Records of Scotland.

I have added paragraphs to make the reading easier.
For anyone not familiar with Scots money, it was valued at 1/12th British currency. I use 'https://www.measuringworth.com/calculators/ppoweruk/' to estimate the relative value in today's terms.

Testament of the Deceased Andrew Fowler, 1751

The Testament Dative (no will was left) ad hunc effectum (for this purpose ie for the Testament) and Inventory of the goods gear and Debts of Umg’ll (deceased) Andrew Fouler Baxter (Baker) and late (ie former) Baillie of the Burgh of Pittenweem in the parish thereof and Sherriffdome of Fyffe the time of his decease which was upon the BLANK day of BLANK 1749 years saith fully made and given up by Thomas Martin present Treasurer of the Said Burgh.

Exer Dative (the Executor appointed by a court) quae crer de cernes (things which were believed to be true) to him after due Citations for payment and satisfaction to the Said Exer pro tanto (to that extent) of the sum of jaj Lxxx viij (1,088) lib (pounds) 1ß (1 shilling) Scots money of prin’ll (principal) with ijß (2 shillings) money foresaid (ie scots money) on each pound of the said prin’ll (principal) Sum of Expenses of plea due by a Decreet (decree/final judgment) Obtained at the Instance of David Brown late Treasurer of Pittenweem against the said Defunct (deceased) before the Magistrates of the Said Burgh dated the 25th of February 1749 as the said Decreet (decree/final judgment) bears to which Decreet and Sums of money therein contained the said pursuer has Right as treasurer of the Said Burgh and successor in office to the said David Brown Conform to a Certificate of his Election under the hand of the Clerk of the Said Burgh dated the 25th September 1750.

Item for payment to the Said Exer of the Sum of Li (51) lib (pounds) vjß (6 shillings) of prin’ll (principal or capital sum) and @rent (annual rent/interest) thereof since Michaelmas 1748 (ie September 29th) and during the not payment due by a bill Drawn by William Adamson upon and accepted by the said Defunct (deceased) dated the 21st October 1747 as the said bill Indorsed to the Said Exer also bears AND ALSO for payment to the Said Exer of the Expense of Confirmation According as the same shall Extend to By Decreet (decree/final judgment) of the Commissioner of St Andrews dated the 26th of June 1751 years. 

Imp.(Also). The Said Exer gives up for Confirmation the Sum of ij c xL (240) lib (pounds) Scots money as the value and Ammount of the Defuncts (deceased's) moveables Rouped (auctioned/sold) and Intromitted (dealt) with by David Andersen Town Clerk of Pittenweem and in his hand Custody and Keeping Ever Since the BLANK day of BLANK 1749 and which Sum is yet resting by him.

Item the Sum of i c xLiij (143) lib (pounds)  xijß (12 shillings) Scots money as the value and Extent of Goods and plenishing (stock, furnishings) bought by Colin Fowler Malster Burges of Pittenweem at the Said Roup (sale) and which Sum is yet resting by him and which these Sums the Said Exer gives up for Confirmation.

Summary of the Said Inventory is iij c Lxxx xij (383) lib (pounds) xijß (12 shillings) Scots money.

The foresaid Testament is Confirmed upon the 24th of July 1751 years And Andrew Wilson Brewar Burges of Pittenweem is become cautioner (surety or guarantor, overseeing the administration) for the Exer.

[GR2]

sucessor in office