Archideaconal Will 1713 #12, Lezayre of James Black

[From MM RB580 / LDS 0106210 - note rh side of paper eaten away by rodents]]

To the Reverend Mr. Samuel Wattleworth Archdeacon, Mr. John Curphey and Mr. William Walker Vicars General of this Isle the Humble petition of Barbara Black relict of the late James Black, merchant in Alison Bank

How that your petitioner’s husband was a man of great business and upon his death had to do with many persons and as pleased God on or about the 20th day of November 1711 [] was suddenly taken away from this life leaving your petitioner 5 small children behind him [] As also through his sudden death left all his affairs of business unsettled which has given room for several ill-disposed persons to take treble advantage [] effects to your petitioner’s great grief and endless [] yet rather than any unworthiness should be [] to his memory and that justice may be done to [] your petitioner finding there are some effects [] in this Island and is willing they should be disposed of to the payment of such debts as shall be legally due [] therefore humbly pray that she may be admitted administratrix to her husband’s effects who desireth not [] half pennyworth should be withdrawn from this [] but stay here towards discharging such debts as appear legally due to which your petitioner is ready to give in bonds agreeable to the constitution of this Isle.

This granted your petitioner as bound shall pray etc.

At KK Christ Lezayre July 16 1713

Whereas Mr. James Black of Alison Bank in the county of Annandale in North Britain merchant departed this life about 20 November 1711 intestate. And forasmuch as there are some effects of his in this Island and that no relation to him and his children appeared to take admin until now that Barbara Black als Corruthers widow and relict of the said deceased has petitioned for the same in the behalf of the children viz James, John, Thomas, Robert & Elinor Black minors

Therefore this court hath decreed the said children joint administrators of all his goods & effects within this Island. Whereupon their said mother Barbara Black is sworn supervisor of the said children and to bring in a perfect inventory of all his effects [] Island to the record. And likewise to administer them according to the laws of the said Isle. Who hath given bonds for the value of the goods some of them [] perishable as tobacco) and to pay off all debts as far as said goods will extend and as the court shall require her - Captain John Wattleworth & Mr. John Wattleworth [] of Ramsey

John Murray merchant of Dumfries in North Britain claims £100 sterling due debt

Whereas Mrs. Barbara Black of Alison Bank took admin in behalf of her children of the effects of her deceased husband Mr. James Black and thereupon in the absence of John Murray of Douglas took into her possession a certain parcel of tobacco, which she apprehended belonged to her husband. But it appearing now [] the said John Murray of Douglas had sufficient power to [] of the said tobacco and did accordingly sell the same to [] John Murray of Turn Head for £50 4s 4½d English

It is therefore hereby ordered that the whole of the said parcel of tobacco by her received be redelivered to John Murray of Douglas and that he the said Mr. Murray of Douglas is to pay ½ of the above sum viz. £25 2s 2¼d English value to the aforesaid administratrix or order namely to the said Mr. John Murray of Dumfries who is authorised to act in her behalf, as appears by her power given []entered on record. And the other £25 2s 2¼d to be secured in the hands of the said Mr. Murray of Douglas until such time as it appears that the propriety of the same (as is alleged) was in the said Mr. James Black before his decease or otherwise until William Roe do prove his just title to the same

And whereas our law allows of three years []to foreign creditors to prove their debts and [] in case those effects go off the Island before that time [] the pledges for the administratrix may thereby become [] we do signify that this order does consist with [] knowledge One of them being present at the signing thereof. 3 December 1713

At Dumfries 30 November

Mr. Murray

Sir This comes with my service to you and I am sorry [] you the account of the death of my good friend Mr. Black died at Dumfries on the 20th day of this inst. and at this time I must take on me to do some []ness and especially to act in his affairs and mine as we were concerned in partnership. Sir you know [] 40 hhds of tobacco with you and give you [] whatever Mr. James Black writ for or gave you [] was as if you had my orders. I am informed by [] Black in his life that there was 7 or 8 [] of the log tobacco unsold as yet and this I [] upon sight of this letter to deliver to Mr. John Murray at Townhead or his order as many of these hhds of tobacco as he has occasion for if he have occasion for it all let him have it you taking his bill as []

Sir, I desire you to use no objections but let him [] or more as he pleases least the goods perish and [] damage and least you do not think it safe to send [] bills keep them in your own hand till you be well [] must have the money for they are wholly Mr. Black’s [] for Mr. Shepherd has nothing to do with them.

Sir within [] weeks I hope to go for London and shall not return [] the month of May but in the meantime I pray you [] tobaccos to good hands at 3¾d [] as formerly.

Sir, I am informed there is some small charges upon it due you The first of it that you sell []duct the charges of it and pay yourself

Sir you know []ry Black had 2 hhds and you sent Mr. James Black [] drawn on Mr. Kirkpatrick living in Kirkcudbright which said [] good for nothing for Mr. Kirkpatrick owed him nothing [] not one penny. I hear that there is some money and goods [] Isle of Man

Sir, I am informed that there is one John [Wattleworth?] younger in Ramsey that has as much effects or more of Blacks as would pay all his debts.

Sir I beg of you [] will make enquiry about it and secure for the poor widow [] Mr. James Black and me and in so doing you will very much oblige Sir your humble servant William Roe

Sir I entreat you to use what means you can to get up what effects of Mr. Henry Black’s and secure it in your own hand till [] either from me or from Mrs. Black I am yours as formerly []

Douglas 13 October 1712 there received from Mr. John [] in the Isle of Man pursuant to the within order 5 hhds of tobacco qty 3214 lbs as witness my hand the date above John Murray

KK Michael July 30 1713

An order from Mr. William Roe to Mr. John Murray Douglas to dispose of 5 hhds of tobacco he was desired to order the bills as formerly to secure the money in his own hands till would be satisfied to whom it would be due appears this day in court by a letter from Mr. Roe bearing date 30 November 1711

KK Andrews 1 August 1713

Barbara Black … do acknowledge that my husband was debtor by a bill of £68 11s 5d sterling dated Douglas 12 June 1711 drawn by Adam McMillan upon Charles Paterson in Hayberries which bill remains unsatisfied

Illegible letter from Barbara Black re JM money

Dumfries 5 November 1713

With 5 small children the eldest not above [] years of age however I hope and confidently expects from your character nothing will be wanting in your power to do me all [] and [] [] considering the [] you may now very well know I have met with and the safety you are in by Mr. Crosbies letter to keep you safe. Your friend Mr. John Murray [] [] to delivered do [] himself and me upon that whole matter which shall be [] valid and [] as [] thing were done by my being present [] and doing and with all respect subscribing my self Sir your most humble servant Barbara Black – witness Dennis O’Bryan

Bishops Court 2 December 1713

Mr. Dennis O’Bryan came this day before us and deposed on the holy evangelist that the within letter is the act and deed of Barbara Black admin of Mr. James Black deceased and that he saw her subscribe her name to the same on the day of the date thereof

Joseph Pearce being required to make oath that 40 hhds of tobacco brought from Annan by Josiah Brunton in 1710 and put into the hands of John Murray of Douglas Isle of Man were sent hither by Mr. James Black of Alison Bank now deceased and that the said Black only had the rights and title to dispose thereof and accordingly Mr. Black gave orders to Mr. Murray in the Isle of Man to deliver to several people in Scotland several parcels of the said goods and that Mr. Murray delivered them, pursuant to Black’s order and that the value was only payable to Mr. Black or order and whereas William Roe at his coming over to the Isle with the tobacco disposed of 8 hhds thereof he further maketh oath that Black received from Roe the bills for the 8 hhds thereof he farther maketh oath that the said Black received from Roe the bills for the said 8 hhds. All this is consistent with my knowledge as being agent or factor for the said Black. As within subscription 16 July 1713 Joseph Pearce

At a court held at KK Christ Lezayre 16 July 1713 the deposition taken [] before

The above designed Joseph Pearce farther maketh oath when William Roe endorsed the bills to Mr. Black for the above mentioned 8 hhds he disposed of Mr. Black declared that in case payment was not duly made he would in no wise pass from Mr. Roe but make him liable for the money Joseph Pearce

1 August 1713

Whereas Joseph Pearce made oath at the Consistory Court holden at KK Christ Lezayre the 16 July last that Mr. James Black deceased had the only right and title to the disposal of the 40 hhds tobacco lodged in the hands of Mr. John Murray in Douglas by Mr. William Rose the said Joseph Pearce for ecxp[] of the foresaid oath further maketh oath now that Mr. James Black paid the whole freight as also paid the Queen’s duties at importation of 199 hhds of tobacco from Virginia into Scotland of which the said 40 hhds above mentioned were part and that though Roe and Shepherd became partners with Black yet for the consideration above Black only was to sell and dispose of the whole tobacco and to receive the value notwithstanding the partnership – Joseph Pearce

In regard that the above deponent is ready to go off the Island he came before me this day and voluntarily deposed on the Holy Evangelist that the above writing is true in every particular

A true inventory of the goods and effects of Mr. James Black of Alison Bank valued by four sworn men viz Nehemiah Kemp, James read, John Goss and John Kissag all of Douglas

Pack lugg tobacco 1ty 9c 00 16 ½

One hhd lug tobacco qty 5 00 13 ½

2 packs qty 4 00 03

18 01 07 (3)

Suttle weight 2049 lbs

Which valued at 3d per lb amounts to the sum of £25 12s 3d

Joseph Pearce factor and agent to Mr. James Black having come to the Island and made oath [] voce that the property of the said tobacco is solely in the said Mr. Black as appears by his oath upon record. The court therefore doth order the whole of the said tobacco to belong to the said Mr. Black’s admin or order neither of the other two partners viz Mr. Roe or Mr. Shepherd having appeared to make good their claim thereunto – 22 January 1714

Account of tobacco in the Isle of Man belonging to the administratrix of Mr. James Black and unto Mr. William Roe

Delivered to John Murray of Dumfries for the use of the administratrix 4 packs lugg tobacco qty 9 0 16 ½ 1024½ suttle

In the hands of John Murray of Douglas of the use of William Roe

1 hhd lugg tobacco 5 0 13 ½

2 packs 4 0 3

Suttle 1024 ½

At a court held in KK Christ Lezayre January 22 1714

Whereas the pledges for the admin of Mr. James Black do desire the judgement of the court concerning the 67 customary law relating to transmarines claiming and proving debt, we are unanimously of opinion that the said law hath relation only to the effects of such persons as were natives or inhabitants of this Island. And that it does not oblige such as take admin for goods upon the Island belonging to strangers that died in another country to secure the said goods here for three years provided no claim hath been entered against the said goods before they were removed out of the island., And likewise provided the debts so entered by strangers be proved forthwith or otherwise security given by the claimers to make good all damages in case the goods be perishable.

12 January 1714

Captain John Wattleworth of the town of Ramsey being one of the pledges given into the Spiritual Court for the forthcoming of the goods [] in an admin taken by Mrs. Barbara Black relict of Mr. James Black late of Alison Bank in North Britain merchant and the payments of all just claims according to the laws of this island And [] Mr. John Murray merchant of Dumfries has already received from the hands of Mr. John Murray of Douglas merchant in whose hands the goods were lodged the sum of £25 towards the payment of a claim of £68 11s 5d already proved by John Murray of Dumfries and acknowledged by the admin as appears on record. And the laws of the isle allowing 3 years for transmarines to enter and prove their claims and debt and lest there should any foreign claims happen within that time know all men by these presents that in order to secure, keep harmless and indemnify the said Captain John Wattleworth and his execs [] do hereby bind and oblige myself my exec and admin

To counter secure and indemnify the said John Wattleworth for the [] above sum of £25 and that [] penalty of double the sum as [] my subscription the day and year within William []

Witnesses

John Callister

John Goss