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5 - Stock, Fermes, Mails and Duties in a Midlothian Barony 1587–89

Published online by Cambridge University Press:  14 May 2024

Harriet Cornell
Affiliation:
University of Edinburgh
Julian Goodare
Affiliation:
University of Edinburgh
Alan R. MacDonald
Affiliation:
University of Dundee
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Summary

Sir James Forrester II, baron of Corstorphine, died intestate on 4 June 1589, killed in a brawl or ambush. On 12 August 1589 nine men were accused in the Justiciary Court of being accessories to his slaughter, but the case was adjourned. Mr Samuel Cockburn of Temple, though not named in the case, applied to the Dalkeith Presbytery on 15 March 1590 to be received as a penitent, ‘together with his servants that were participant of the Laird of Corstorphine's slaughter’. He later told them that he had received a royal pardon, and ‘the party was almost satisfied’ – probably a reference to compensating Sir James's heir. Forrester's estate of Clerkington was adjacent to Cockburn's barony of Temple, and although local issues may have been involved, it is more than likely that the main conflict between the two lairds was political. Forrester had helped Mary Queen of Scots escape from Lochleven Castle and fought for her at Langside, while Cockburn was a supporter of the king's party. Where and why the killing took place remains a mystery. Forrester's principal legacy to historians is not in the field of political history, however: it is the testament dative drawn up for the Edinburgh Commissary Court under the supervision of his sister Isobel, wife of James Baillie younger of Carfin, who was appointed his sole executrix.

The heir to Sir James's heritable estate – land, houses, and their appurtenances – was his younger brother Henry, since the deceased and his wife Jean Lauder had no surviving children. Heritable properties were not subject to testamentary disposition in Scotland, and the heir's share in the moveable goods – referred to as the ‘heirship’ – was also excluded from testaments. A testament dative was therefore a balance sheet of the deceased person's remaining assets and liabilities, including debts owing to and owed by them. Sir James's inventory includes an impressive array of household goods, plate, clothing and jewellery with a total value of £666 13s. 4d. (1,000 merks).

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Publisher: Boydell & Brewer
Print publication year: 2024

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