The Will of Petir Clwgistoun

This will, recorded 22 July 1596 (the will was made in 1594), is extremely difficult to read. I am continuing to try to decipher it. The will is significant in many respects.

The name “Petir” is unusual in Galloway. In the 1684 religious census there were only two men in Wigtownshire named Peter. But I suspect that “Petir” was actually “Patrick” and was the heir of Patrick Clugston, the last Clugston baron.
It is even possible that he was the son of Baron Patrick.

“Lochcrago” is clearly Lochcraigoch, where Michael Clugston owned a farm in 1628. Presumably Michael inherited Petir’s farm. In 1684 there was a Patrick Clugston in the area, who is probably the grandson of Petir.

The will mentions Robert Clugston in Dirvidis. Dirvirds is the farm which Alexander Clugston owned in 1606, and which Gilbert Clugston had held in 1561. A Robert Clugston was mentioned in 1588 in the letters of the Vaus family. In 1684 there were no Robert Clugstons in Wigtonshire or Minigaff, yet there were several in Belfast. There was also a Michael Clugston in Belfast. This must be the family which moved to Ireland. Petir owes Robert a horse, which suggests that Robert is not Petir’s son.

The total heritable assets of Petir were worth £586. This was divided into three parts, each part being £188. Under Scottish inheritance law, the widow (if any) gets one third, the children (if any) get another third, and the will determines what happens to the remaining third. Since it was divided into three, we know that he left a widow and children who were still living.
His wife was Jaene McKie. Petir’s eldest son was William, who was married to Helene Vauss. Since he is described as the oldest, there must be at least one other son. John Clugston is another beneficiary, so he must be another son.

The life of the Right Honourable Sir Patrick Vauss of Barnbarroch is very well documented. He was rector of Whithorn and later was an ambassador to Denmark; he was involved with the marriage between King James VI/I (of KJV Bible fame) and Mary of Denmark. He died on 22 July 1597. His eldest son Sir John Vauss of Barnbarroch was born circa 1574.

Who is Helene Vauss? Sir Patrick’s older brother Sir Alexander Vauss (died 1567) had an only daughter Helene Vauss born 1557, who was the heir of the lands of Barnbarroch, but it appears that her uncle Patrick cheated her of her inheritance. Her mother was Janet Kennedy. She was kidnapped at the age of 11 and married to Alexander McKie. They had two sons, John and Walter McKie. Alexander McKie was killed by John McDowall of French, for which he was “delaitit” in 1619. It seems impossible that Helene could have remarried by 1594. The “History of the Lands of Galloway and Their Owners” lists Sir Patrick’s four sons and ten daughters, and states “There is another daughter unaccounted for”. The other daughters were married between 1562 and 1594. Helene might be the missing daughter.

The testament contains three references to “Sr Alexr Stewart of Garroleis”. This is Sir Alexander Stewart, 5th Laird of Garlies, Minigaff, Kirkcudbrightshire, who died 5 October 1596. His son Sir Alexander Stewart c 1590- c 1649, 6th Laird of Garlies, was the first Earl of Galloway. Both Alexander Stewart of Garlies, Elder and, Alexander Stewart of Garlies, Younger appear in the list of people who had bought from the pirate Andrew White in 1565. Alexander Stewart, Younger had died by 1577 and his son and heir, also named Alexander Stewart, was asked to repay the debt. Fergus Clugston of Whithorn is on the same list.
In 1579, John Clugistoun lived in Littil Daluce, in the barony of Garleis, 1579.4.14, next to John McKie, John McEwan, John Macnaring,and John Acowane of Mekill Daluce. This land was owned by Sir Alexander Stewart.

Sir Alexander Stewart had sasine of Glasserton and Clugstone in 1579, and of Garlies in 1578.
The family tree is:

Sir Alexander Stewart 1507-1593
  =(1) Katherine Crichton
  =(2) Margaret Dunbar  (died before 1552)
    (Inherited the Barony of Clugston through his wife)
    Alexander Stewart  ~1527-~1589  5th Laird of Garlies
      = Katherine Herries
        Right Hon Sir Alexander Stewart -1596.10.5 
           = (1) Christian Douglas (dau of Sir William Douglas of Drumlanrig)
           = (2) Elizabeth Douglas (dau of David, Earl of Angus)
        Agnes Stewart
        Elizabeth Stewart
     John Stewart
     Margaret Stewart
   =(3) Catherine
     Anthony Stewart
     Robert Stewart
     William Stewart
     Helen Stewart

There is a reference to Crossere. It is part of the original Barony of Clugston.

1512 – August 9 – Charter of sale by Patrick Dunbar of Clugstoun and superior of the lands of Crossere to Uchtred McKe of Crossere of the 3 merklands of Crossere in the barony of Clugstoun which had been taken into the hands of the Crown by reason of the alienation of the greater part thereof without the Crown’s license. Patrick had been cited by the Crown, but obtained a decreet of the Lords of Council that after the lapse of a year and a day the lands should again appertain to him. At Wigtoun, wit.: Dom Patrocl Sprot, Vicar of Kyrkynner and notary public, John McDowel of Barnngorth, James Legat, George Ahannay, and William Ranky. Seal wanting.

1529-Nov. 4 – Instrument of sasine at the hand of Thomas Makguyth narrating that William McCullow and Robert Herreis under precept from Margaret Dunbar Lady of
Clugstoun, dated 1529, and witnessed by Patrick Hannay of Sorbie, Walter Stervart in Berchly, Alexander Stewart, Alexander McKee, and John McCubeyn, gave sasine to Michael McKee as nearest lawful heir to the late Uchtred McKee, his father, in the
3 merkland of Croschre in the barony of Clugstoun. Wit. :-William Bailzie, Robert McKee, John Miver (?), and Thomas McMaister

http://www.dgnhas.org.uk/transonline/SerIII-Vol10.pdf

There are many Scots words in the will: “aittis” (oats), “umqle” (deceased), “dettis” (debt), “kow” (cow), “staig” (a horse from 1 to 3 years old, not yet broken to work), “hoggerd” (a large cask)
“Jaj” in a date means M (one thousand).

The tastame[n]t test[amentar] and inventar of the guir th giem swmers of m[o]ny and dettis part[ain]ing to umqle Petir Clwgstoun in Lochcrago w[it]hin the parish of Kirkcowane and sherifdom of Wigtown the shire of his ilerrd Gusa ilear fit? pwem the 10th day of Februar the year of god Jaj VC LXXXXIIIJ yere faithfully maid and [e]xi[cut]et in VC behinfees vxuim the XXIIJ day of Februar the yeir of god foirsaid. L Befwr thir Noraeiffs hOw? porabyn? of Grange Jon McKie in Barhuhia {Barhoiche} authomes shewrif Stnto th to the ryt huno[rab]ll[e] Sr Alexr Stewart of Garroleis Cenyt choinas rird in Borieland of Clugstom the Jaung{or Iaung?} carsel in Crossere.

In the frf? to the said umqle Petr Clwgstoun had the XIInt xirs septemers of 1584 and dettis of the awain th parte of the following pertaining to him the anie of his dettais proir of said viz. tusef VXIII parte of the xeao X £ Summa JC XX £
Item XIIIJ vq parte of the peao wt him stock oth herd VIIJ £ Summa JC XIJ £
Item fior anogis of frie yoir auld id parte of the XCV s IIJ £ Sum XVJ £
Item fria sackrs of friu yeir auld id parte of the xeae IIJ £ Summa VJ £
Item fria anogis of fria yoir auld parte of the xeae IIJ £ Summa V £
Item lote aul? Ahorpes parte of the xieae XXVI s VIIJ d Summa J c V £ XIIJ s IIIJ d
Item fior hoggerd parte of the xeae XX s Summa X £
Item foia inientia? parte of the xeaes x-wdle Suma XIIJ £ V s VIIJ d
Item fria staigerds parte of the xeae IIIJ £ Suma VIIJ £
Item ane worke horss part by the hireyeild {The best living animal, which by feudal custom the landlord claimed on the death of a husbandman tenant} horss parte VJ £ XIIJ s IIJ d
Item in the baorne th barneyaid LXXX kow aitted finall inoffuth parte of the kow wt the fillers xess Summa Jc LX £
Item in Vaentrilis x-rbimtrlis wt the abinLyemerz of his body of mat to X £

Summa of the Inne forr ———- V c LXXIIIJ £ XIIJ s IIIJ d

Following the dettis awin to the ded

Parcemity was awin to the said umqle Petr Clwgstom be Jon Stewart in too ssqrie resland of the parte of ky #? ten £
Item be David Reid restand of aittis xe s.

Summim of the dettis awin to the ded —— XIJ £ X S
Suma of the Inventar ikL the dettis —- V c LXXX VIJ £ IIJ s IIIJ d

Following the detis awin be the ded

Pareiy the was awin be the said umqle Petir Clwgstom to Sr Alex Stewart of Garleis Burgh his in-th for his vitvirdayes prirnes inarccaen is-thx? nroch?
Item to Ro[ber]t Clugston in Dirvardis restari of the parte of ane horss IIIJ £
Item to Rwbie churnform? ndchand XX s for chue? Ajtaeos? of T?III s
Item to Alex[ande]r Kaidrw for ane X hyyes ane kow aittis Summe parte XL s
Item to Alexr McKie in Castir Seyne for annit X hyyes anie kow aittis parte XL s
Item to Jon Caringo Singstm ar horsis for work paluse petkrs aittis Parte # of VIJ q VJ s
Item to Jon Acosanaine for sid fie xess
Item to Hoas Mcuald plew mau restains of his plriqe finle aiar kaw aittis parte of the kow XL s Summa IIIJ £

Summa of the dettis awin be the ded —– XXIJ £ X d
Listed of fore givin the dettis’ deluat —– V c LXV £ IJ s VJ d
To be dividit in thre partis ded parat —– J c LXXX VIIJ £ VIJI s VJ d
Q C of the quoted co mponit for —- VJ £

[In the margin is written: Quotta Componitor Par — VJ £]

Following the dedes Legate & Laewiu

In Lochcrago the XXIIIJ day of februar — the yeur of god day jaj LXXXXIIIJ Yirvas — Se god day the said Piter Clwgston maid his Liwarne? and Lierwill? le of tow prowobis? viz Jaene Mcke first the? same Praer maid and cosftfif Wm Clugstong his eldest sones and Helene Vauss his spous his vulf? exe[cutors] and mag[]s
w[i]t[nes]ses Dinyl?? and gier.

Item the male the articlilg the Ryt hono[r]a[ble] Sr Patrk Vauss of Barnbarroch and Jon Vauss sid sone the appierand air siccsessint Fir? to th testa[ment] to the said Wm Erving his Minrocae and ordanets Raine to hais the said brug of henr and xrw yt inay firee to him Enring the same spaae

Item he male & articlig to the said Helene fnatx to the twa youngest bairnieis Erning the Mmoicaers and male & rsatnlp hew? cuorebim{?xvibim] of the Grange. asrlerin of the said Bairiners

Item he Lerns to thie Ryt Hon[oura]be Sr Alex[ander] Stewart of Garroleis his in[]th ane o[win]g to be genle the bqnd to his wiff & bairneis

Item he Riwii? to Joncle Clugstwn & hiii sisthr hoth ualnord e Dvqalos ane four yerr auld riwy tna rwbis & fiur bols of aittis

Item he forgrewis & -9stcgaihgio to chors and Josiv McKie the haess of y[]n in intwers a_debtisrt _a_te to be gihdie & Fanlesi_ Sr Nangl, by the hursss

Item he Lerns to Josive Coltrane and fribott of aittis & ane stand of Clugstns

Item to Rodge Barroim ane Friglott of aittis

Item to Karaene inieqeiw ane Friglett of aittis

Item he Lens the Ryt vereales-e Kyudaes th possession of his rwbiue of Lochcrago to his eldest sone Wm of the dearersis of his innle

Item he lerns the epresrorare of his xrid & xvers dectis & ligartries being payit to sid faioth exe[cutor]s and bairneis paid due Euy yirr and plane fourfane 2 prepar the ivitciesis akoncwuittris Sit suk[] I Wm Anderson woD pirklett reg[]t in the s[he]riff wt day sarid.

Wae? Mr Jon Prestorm rs and gervis the amittad the intromission wt the sai_ to the said W[illia]m Clugstom & Helenes Vauss the exe[cutor]s testa[]s to the said umquhle Petir Clugstom Le of sumd to inxt to be maid bie Johoie Dor sid an arlo ralo ofr e Laie and the being finzarme A and his finidin tais iur y as Laie act bonie.

The will itself seems to be written by a different person. The pen is held at a completely different angle. The ‘f’s are completely different, and “the” is written “E” rather than “ye”. “Wm Erving the minverker” and “Ernnig the mmoicheard” may be the same person.

The final section is a standard formula. The only words which are different from the previous will in the book of wills, are the names of the deceased and the executors.

This provides further evidence for the theory that all of the Clugstons in Wigtownshire in the 1600’s were from a single family.

Summary of known Clugstons in Wigtownshire and Ireland before 1650
At least 16 different Clugston men are known.

Patrick Cloughston born in Wigtown, living in Shopeland, Essex in 1467.
John Clugstoune of Clugston, 1475.
John Clugston Kirkcowan 1484, died around 1495. Son Patrick born around 1480, unmarried in 1500.
Gilbert Clugston in Dirveade near Glenluce 1561. Sons Gilbert and Alexander, who must have been born before 1540, which means Gilbert senior must have been born before 1520.
Thomas Clugston in Micklebarlocart near Glenluce 1561.
Fergus Clugston, Whithorn, 1565
John Clugston, burgess of Wigton, 1575
John Clugistoun in Littil Daluce (in the barony of Garleis), 1579.4.14, next to John McKie of Mekill Daluce
Jonce Clugston, on council, possibly in Whithorn, 1582.
Gilbert Clugston, owned land near Wigtown 1586.
Robine Clugstonis, 1588, got wool from Sir Patrick Vauss’ wife.
Alexr Clugstone, 1592, involved with Laird Livingston
Petir Clugston, merchant, died Lochcraigoche 1596. Father of William and John who were living at that time. Robert Clugston was in Dirveads 1596.
Alexander Clugston owned land in Dirveade 1606
Michael Clugston was in Lochcraigoche 1628. Michael died by 1635.
His son William was in Wigtown. William took over Gilbert Clugston’s land.
William Clugston was in Belfast in 1637, 1642, 1644 and 1645.
William Clugston was Baillie in Wigtown in 1644 and died between 1661 and 1665.
His son William was Provost of Wigtown in 1684.
John Clugston was a merchant in Belfast in 1637, 1645 and 1647. He operated a business jointly with Robert Clugston.
Robert Clugston was a merchant in Belfast in 1645, 1647, and 1654.
Alexander Clugston was a notary in Portaferry, Ireland in 1649.
John Clugston in 1661 had “served his apprenticeship” in Belfast.

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