Scottish Wills 16th-17th Century

In the early part of the 16th century Testaments (Wills) now held by the National Archives of Scotland were written in Latin. After the Reformation testaments were recorded in the Scots language, and for the greater part of two centuries the writing was in "secretary hand". Documents written in this style can be almost unreadable to the layman . In addition spelling and punctuation were not important and many names were simply written as they sounded to the recorder. The spelling of a name could vary even within a single document. Pat Burnett has completed a course in Old Scots Handwriting run by the National Archives of Scotland in association with the University of Edinburgh, and has a Certificate in Scottish Family History Studies from the University of Stirling. Examples of secretary hand script can be found on the "http://www.scottishdocuments.com" website.

Pat Burnett has transcribed over 1000 16th-17th century Scottish testaments from the original secretary hand, these transcriptions are rich in genealogical data . Many of the transcriptions pre-date the Old Parish Registers and therefore include a period not covered by any other easily accessible index . They make it possible to extend many Scottish Family History searches well into the 16th-17th Century, and may provide the missing link to restart a search which has foundered in the mid 18th century. They contain references to many other individuals in addition to the principal testators. She has produced to date five volumes containing summaries of these documents, now available on disc with a full transcription of all wills. The terms will, and testament, are interchangeable.

BOOK 1.

Scottish Wills 16th-17th Century, District of Auchterarder, Perthshire.

This book contains transcriptions of 219 cross-indexed wills dated between 1597-1699 from the Commissary Court Registers of Testaments, held by the National Archives of Scotland. The index of names contains references to approximately 1200 other associated individuals. The books are cross indexed by name and place and are now available on disc including a full transcription of each will. See Charges.

BOOK 2.

Scottish Wills 16th-17th Century, One name study-Bad and variant names Baid, Badie, Bald, Bauld.

This book contains transcriptions of all wills (51) in these names between 1574 and 1690 from the Commissary Court Registers of Testaments. The wills are cross-indexed by name and place. The three main areas of reference are the East coast fishing ports (many individuals associated with the sea) Edinburgh and the parishes around Stirling.The indexes contain references to approximately 500 associated individuals. The books are cross referenced by name and place, and are now available on disc including a full transcription of each will. See Charges.

BOOK 3.

Scottish Wills 16th-17th Century, Three one name studies. Faichney (12), Friskine (12), Muschett (24), with variant names.

This book contains transcriptions of all wills in these names in the Commissary Court Registers of Testaments between 1567 and 1699, and contain approximately 600 references to other individuals within the main areas of Perthshire, Stirling and West Stirlingshire. The books are cross referenced by name and place, and are now available on disc including a full transcription of each will. See Charges.

BOOK 4.

Scottish Wills 16th-17th Century, Three one name studies. Whittit (20),Whytock (10), Neish (29), with variant names

This book contains transcriptions of all wills in these names in the Commissary Court Registers of Testaments between 1574-1696, and contain approximately 600 references to other individuals within the main areas of Edinburgh, Stirling and the East coast. The books are cross referenced by name and place, and are now available on disc including a full transcription of each will. See Charges.

BOOK 5.

Scottish Wills 16th-17th Century, One name study. Short. Schoirt with variant names.

This book contains transcriptions of all wills (56), in these names in the Commissary Court Registers of Testaments between 1568-1694. The main areas of reference being Stirling, Edinburgh and the East coast. The books are cross referenced by name and place, and are now available on disc including a full transcription of each will. See Charges.

About Testaments

Before the Reformation testaments were the exclusive concern of the church, after 1560 this responsibility passed to the Commissary Courts, of which there are 22 covering the whole of Scotland. The testaments are all recorded in the Registers of Testaments of the relevant Commissary Court or, from outlying areas, could also be registered in the Commissary Court of Edinburgh if the "frie geir exceeds £50."

The testament was the legal document drawn up after death by the courts, while the will or "latterwill" expressed the individual's precise wishes as to the disposal of his/her estate. Not everyone left a "latterwill", but if they did so, a copy was recorded in the Register of the local Commissary Court or the Commissary Court of Edinburgh. There are other Registers where wills may have been recorded, but we are only concerned here with the Register of Testaments of the Commissary Courts. These Registers are held by the National Archives of Scotland in Edinburgh.

In Scotland in the 16th-17th centuries, property was, in legal terms either heritable (land, buildings, minerals in the ground.) or moveable, (money, possessions, animals, machinery ) anything that could actually be moved. The rules of inheritance in Scotland differed between the two and only moveable property is dealt with in Testaments.

There are two types of testaments - a Testament Testamentar and a Testament Dative, the basic difference is that the Testament Testamentar contained a will, and the Testament Dative did not. Each will gave the name and designation of the deceased, usually the date of death, and the confirmation of the executors, appointed by the courts to see that the terms of the will were carried out This was followed by a complete inventory of all possessions and all debts owed to and by the deceased. This was followed by the "latterwill" if it was a Testament Testamentar and the date of confirmation of the will by the Commissary Court. The Testament Testamentar is often more rewarding as it contains the will given by the individual himself/herself "with his/her awin tongue speakand" but both types can contain a considerable amount of genealogical information.