by Edda Frankot
In July 2016 I wrote a post called ‘Memory and proof of age (1507)’ about a case in which the Aberdeen court was trying to establish the age of a girl by deposing witnesses. The reason why her age needed to be established, was because the girl, Isabel Buchan, was under tutory, her father being deceased. At twelve, an orphaned girl would come into her inheritance, though she would remain under curatory until her marriage. This is why the witnesses were asked whether Isabel Buchan was either eleven or twelve.
From the entries surrounding these depositions I got the sense that there was a conflict between the tutor and what was probably a relative (though this is not clarified anywhere) about the execution of the tutory. But in order to find out more I would have had to go through the rest of the 1212 pages of volume 8, which was too time-consuming an exercise for a blog post. Now that volume 8 has been transcribed in full, though, a search through this register is quite straightforward with the search tool that will eventually become available online. As luck would have it, Isabel Buchan is a relatively uncommon name, which makes it is easy to trace her in the corpus. That is why I would briefly like to revisit this case to see what else can be found out about Isabel.
One of the most important entries in volume 8 concerning this case is the ‘inquisitio’, the retour of inquest, which established that Isabel Buchan was the heir of her father, William Buchan. This inquest was entered into the register on 17 June 1502, almost exactly five years before the depositions about Isabel’s age. It stated that the relevant property had been in the king’s keeping for the past year and half or so, while it was established who William’s heir was. This suggests that William Buchan died in late 1500 or early 1501. In 1507 the court concluded that Isabel was eleven, that is to say that she was born in 1496. Two of the witnesses at that time stated that she was baptised on the Monday before ‘fasterinevine’, Shrove Tuesday. In 1496 the Monday before Shrove Tuesday was 15 February. Taking into account that baptism took place soon after birth in the middle ages, and assuming that these witnesses remembered her birth correctly, Isabel was probably nearly five years old when her father died.
It is difficult to find out much more about William Buchan, as there appear to be two men with that name in the burgh at the same time. The other William Buchan was a baker1, but is not always referred to as ‘baxtar’, which makes it difficult to establish which William Buchan is appearing in an entry. The other William Buchan died around October 1505. His brother Thomas was his heir.2 There is no mention of Isabel’s mother anywhere, and we do not know her name, which suggests that she passed away before her husband.
Isabel inherited a significant amount of property on her father’s death. The inquest names four pieces of land, in addition to three annual rents. Three of the properties were located in the Castlegate, whereas the fourth was in the Huksterrow, a street which linked the Castlegate and the Netherkirkgate. Most likely one of these was Isabel’s home. The annual rents were for two properties in Futy and one in the Upperkirkgate. The current value of the properties was stated to be 6 merks Scots.3 Compared to other inquests recorded in the registers, this was a relatively valuable portfolio. Perhaps this wealth was the reason that there were some disputes over Isabel’s tutory.
Isabel’s tutor was David Colp. It is unclear what his relation was to Isabel or her father. Soon after the inquisition John Cullen, who called Isabel his ‘tendir cosinage’, that is to say his young kinswoman, protested against the creation of Colp as Isabel’s tutor. He claimed that there were various kinsmen on her mother’s side who were ‘worthie to reule and govern hir landis and gudes’.4 This suggests that David Colp was not a kinsman on her mother’s side at least, and perhaps he was no kin at all. Cullen requested that Colp would get someone to stand caution to make sure that the properties would be given back to Isabel and her heirs once she reached the required age. William Colp, David Colp’s father, was brought forward as his caution.
In the following years, David Colp was in court regularly, acting on Isabel’s behalf. For example, in September 1502 a case concerning a silver belt which was laid in wed in Alexander Prat’s care came before the court. William Buchan had laid the belt in wed against the payment of five French merks for wheat which William had obtained from Walter Blacklug. The case against Alexander Prat dragged on for several months, as it was continued to a next court a few times. In January 1503 the case was continued to the first court after Easter, but it then disappears from the record.5
In October 1503 Colp was in court concerning a dispute with Thomas Ridale, who had apparently taken away a ‘countour’, a counting table, from a booth which Ridale claimed he rented from Isabel as the heir of her father. The court decided that Ridale needed to prove that he was renting the booth, but he was charged with wrongfully taking away the counting table irrespective of this.6
In May 1507 Robert Guthre started the suit which eventually resulted in the depositions on Isabel’s age. Again, it is unclear what Guthre’s relation to Isabel was, but it is apparent that he was unhappy about the continuing tutory of David Colp. The court subsequently asked both parties to bring proof and witnesses as to Isabel’s age.7 On 21 June it was established that Isabel was eleven years old. This was not, however, the end of the conflict between Colp and Guthre. A year later, in August 1508, a letter from King James IV was sent, which was subsequently included in the register. This concerned claims by father and son Colp that the Aberdeen court had not done its duty in administering justice in their case of ‘spulye’ against Robert Guthre despite royal pressure. As a result, James informed the Aberdeen magistrates that the case had now been taken up by the Lords of Council and ordered them to desist from any further proceedings in the case. On 3 November 1508 the Aberdeen court decided to adher to this order.8 Unfortunately, there is nothing else in the register about these claims of spuilzie and the outcome of the case.
In May 1509, finally, Isabel Buchan was confirmed as the heir of William Buchan and given sasine of her lands and annual rents.9 By that time she was thirteen years old. It is not recorded who her curator was. There is nothing more about Isabel in volume 8, but she may well reappear in the following volumes, if anyone ever gets around to transcribing those…
- William Buchan, baxtar, was still alive in October 1502. ACR, 8, p. 162 (14 Oct 1502). ↩
- There are two inquests: ACR, 8, p. 522 (24 Nov 1505), p. 589 (26 Jun 1506). ↩
- ACR, 8, p. 126 (17 Jun 1502). ↩
- ACR, 8, p. 129 (20 Jun 1502). ↩
- ACR, 8, p. 154 (30 Sep 1502); depositions: p. 175 (9 Dec 1502); p. 179 (9 Jan 1503). ↩
- ACR, 8, p. 280 (23 Oct 1503); p. 288 (10 Nov 1503); p. 324 (26 Feb 1504). ↩
- ACR, 8, p. 692 (12 May 1507); p. 698 (28 May 1507). ↩
- ACR, 8, p. 910-11 (12 Aug 1508); p. 911 (3 Nov 1508). ↩
- ACR, 8, p. 956 (14 May 1509). ↩