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OXTON 373

points to the refusal having been given in Lauderdale.
The village, no doubt, had its scandals in those days as
well as now. Channelkirk had no minister at this time.

It must not be forgotten that we have hitherto been
dealing with that part of Oxton territory which was separ-
ated from the other part held in gift by the Kelso Abbey,
who held of Lord Allan of Galway. This part was quite
distinct from the possessions of the Abernethies, Setons,
and William of Colilaw, and passed under the title of
Kelso Abbey lands, as late, it seems, as 1646.* These
Kelso lands were Over and Nether Howden, which embraced
within their area the more modern farms of Burnfoot, Carse-
myres, and perhaps Wiselawmill, Oxton Shotts, and prob-
ably some acres nearer Oxton which are not so clearly
distinguishable. They naturally fall to be treated in the
notices of Over Howden and Nether Howden.

In 1610 the town and territory of Ugston once more
changed owners. Before 1605, Lord Salton, for reasons
known to himself, found the accumulation of his misfortunes
too heavy for the stability of his estates, and instead of
judiciously seeking remedies, he rashly contracted more
liabilities, until between the years 1609 ^^^ 1612 he was
compelled to lighten ship in order to weather the storm,
by parting with some of his properties. Of all the lands
he sacrificed we are interested in Ugston and Lialston
only. On 24th July i6io,t the king confirms the charter
of John, Lord Salton, in which he sells to William
Home of Harnycleuch, servitor to Alexander, Earl of
Home, Lord Jedburgh and Dunglass, the town and lands
of Ugstoun, with the pendicle called Luckenhaugh, with
the exception of rights, should there be any, made by
* Great Seal. t /Hi/.



374 HISTORY OF CHANNELKIRK

Lord Salton's predecessors to the late (Jas. ?) Heriot.
William Home also obtains that part of Ugstoune "now-
occupied and tenanted by William Heard and John
Caldcleuch," 22nd December 1609. This property is
known always as the Forty-shilling lands of Ugstone.
In the Appendix to Dryburgh Register it is mentioned at
various periods between 1535 and 1580 as paying forty
shillings to Dryburgh Abbey. John Caldcleuch is first
mentioned as paying forty , shillings for the " fewe lands
of Ugstoun" about 1580. But about 1620 he only pays
four capones. In 1630 we find John before the sub-
commissioners of Earlston Presbytery giving evidence re-
garding the teinds of Channelkirk parish. He is said to
be then sixty years of age or thereby, and resides in
Braedistie. This may have been the old name of the
property known now as Ugston Mains.

It is with a certain sentimental regret that we have
to record here the separation of Ugston from Lyleston,
twin places which held together from the beginning, at
least, of the twelfth century. They are linked originally in
the Norse nationality of their owners, Ulfkill and Olaf;
they journey together as possessions for five hundred
years, and are then sundered in the rending of Lord
Salton's fortunes. In 161 2 Lyalstone is found in the
hands of Lord Cranston ; the Countess of Glencairn has
it in 1 6 14.* She gives it to her son, James Preston of
Craigmillar, in 1624, and from Robert Preston of Preston
and Craigmillar, John, Earl of Lauderdale, obtains it in
1630. We observe, in passing, that " Rogerslaw " is said
to be "in Lyalstone" in 1362, and it will be remembered
that Roger is said to be the son of Ailif or Olaf, from

* Great Seal.



OXTON 375

whom Lyalstone obtained its name, and it is probable
that " Rogerslaw " was named after the son who would
inherit his father's estate in that place. Both names are
Norse.

It must have been some time prior to the breaking up
of Lord Salton's estates that the Heriots of Trabroun
found possession in Channelkirk. Their connection with
Ugston begins about 1610. They appear to be relatives
of the same family which gave the scholarly George
Buchanan his mother, and which found an honourable
homeland in Gladsmuir parish, * and gave to Edinburgh
the celebrated George Heriot, who founded Heriot's
Hospital there. Their memory is yet retained in Channel-
kirk parish by the farm now called Hen'o/shaW. In the
same way that the Abernethies were strengthened in
Lauderdale through their marriage connections with the
more powerful House of Douglas and Angus, so the
Heriot family seems to have entrenched itself within the
walls of the rising House of Maitland. The relationship
of the Heriots with the Maitlands appears to have been
consummated in a contract of marriage in 1560, the
memorable year of the Reformation. James Heriot was
proprietor of Airhouse in Channelkirk sometime before
this year, and perhaps had received his interest in it in
succession to David Hoppringle of Smailholm. And ac-
cordingly in 1586-7, on the 20th January, -j- the King con-
firms the charter of the late James Heriot of Trabroun,
Lauderdale, whereby he sells Airhouse, in liferent, to
Isabella Maitland, who is contracted in marriage to James
Heriot, jun., son and heir-apparent of the above James
Heriot, who had, as we learn elsewhere, in 1558 married
* Earls of Haddington^ vol. i., p. 34, note. t Great Seal.



376 HISTORY OF CHANNELKIRK

his daughter Elizabeth to Thomas, first Earl of Haddington.*
The Heriots seem to have been early established in Lauder-
dale, as one James Heriot is mentioned in Lauder deeds in
141 8, and no doubt was a progenitor of the above Jameses.
There is a John Heriot, vicar of Soutra, in 1467. By the
time we reach the year 16 10 it is a Thomas Heriot who
dies then possessed of Airhouse estate, and leaves it to
his heiress and grand-daughter^ Janet Heriot. Sometime
before this he seems to have acquired property in Ugston,
for she is also served heiress to her grandfather in " the
two merk lands of Ugston, commonly called Pickilraw, in
the village and territory of Ugstoun." She holds Pickil-
raw for twelve years, when William Home, who in 1610
obtained the *' Forty-shilling lands of Ugston," takes into his
sole right, 15th February 1622, from the King, the village and
the lands of Ugston, the pendicle of these called Luikin-
hauch, the two merk lands of Pikilraw, "which were oc-
cupied by the late George Fyfife." He also obtains the
Templar Lands of Ugston.

As Ugston Templar Lands are frequently mentioned
after this date, perhaps we may be allowed to interpolate
a few digressive sentences here, explanatory of Templar
lands in general. " The Templar Lands of Chingilkirk "
are mentioned as early as 1588! as being in the hands
of James Cranstoun, son of Robert Cranstoun of Faluod-
scheills, but further light upon either these or those
Templar lands of Oxton does not appear to be procurable,
and the origin and previous record of both seem to be
enshrouded in the impenetrable darkness which has en-
veloped so much else that refers to Templar history. We
take the following extracts from a paper read before

* Earls of Haddington^ vol. i., p. 18. f Great Seal.



OXTON 377

Hawick Archaeological Society in 1887 by Mr Nenion
Elliot, Teind Office, Edinburgh, which puts the matter as
clearly and as satisfactorily as it is possible, perhaps, to
have it : —

" The Templars came into Scotland in the reign of King David the
First, who reigned from 1124 to 11 53, and became so prosperous that
there were few parishes wherein they had not some lands or houses. It
may be here mentioned that the principal residence of the Knights
Templars in Scotland was at Temple, near Gorebridge, Edinburgh, while
that of the Hospitallers or Knights of St John, who also came into
Scotland in David's reign, was at Torphichen, near Bathgate. Temple
was founded by King David himself. The village of Temple is one of
the oldest in Scotland, and still retains the name of Temple, as does also
the parish in which the village is situated. This establishment was
originally called Balantradock, and described in ancient documents as
domus teinpli de Balantradock (now Arniston).

"In the year 1563 Queen Mary granted to James Sandilands, Lord
St John, the last head of the Order of the Knights of St John or
Hospitallers, a charter of certain baronies and of all the Temple land
which had belonged to the Preceptors of Torphichen as the head of the
Kjnights of St John. This grant by Queen Mary to Lord St John did
not include all the lands in Scotland which had at any time previously
belonged to the Knights Templars, some of these having been alienated
to other parties before the suppression of the Order, and others during
the time they were held by the Preceptors of Torphichen. By this
charter the whole of the subjects conveyed were erected into one great
barony, to be called the barony of Torphichen, at the manor-place of
which, according to the old practice, Sasine was to be taken.

"On 9th July 1606 an Act of Parliament was obtained ratifying a
contract made betwixt James Sandilands of Calder, Lord Torphichen, on
the one part, and Mr Robert Williamson, Writer, and James Tennant of
Lynehouse, on the other part, by which Lord Torphichen (in 1599) sold to
them All and Sundry Temple lands and tenements pertaining to the said
Lord Torphichen, either in property or tenandry, wherever situated, with
certain specified exceptions.

"On 4th December 1607 Lord Torphichen granted a charter in
favour of Williamson, in terms of the above Act of Parliament, but ex-
cepting from it certain lands in the counties of Edinburgh, Linlithgow,
Lanark, and others. Sasine followed in favour of Williamson, and this
title was confirmed by the Crown.

"The preceding narrative indicates generally what became of the



378 HISTORY OF CHANNELKIRK

Templar property situated in Scotland. In one of the writs mentioned
in the lawsuit, certain Temple lands are said to be within the counties of
Fife, Kinross, Clackmannan, Perth, Forfar, Kincardine, Banfif, Nairne,
Inverness, Elgin, Ross, Cromarty, Sutherland, Caithness, and Orkney.
Another writ includes lands in Roxburgh, Selkirk, Kirkcudbright, Stirling,
Dumbarton, Lanark, Aberdeen, Edinburgh, LinHthgow, Peebles, Wig-
town, Renfrew, Dumfries, Berwick, and Ayr, and the Stewartry of
Kirkcudbright. These serve to show that the estates were scattered
over the whole country."

?
There is little doubt that the leading men in Lauder-
dale from the earliest period had a close relationship to
the interests of the Templars. In June 25, 1213, at
Rutland, " Helen de Morville, daughter of Richard de
Morville, was attached to show why she kept not the fine
made in the King's Court by chirograph, between her
said father and the master of the soldiery of the Temple,
regarding 123 acres of land in Wissindene." * We also
learn that the brethren had charters from Allan de
Morville (Galloway), son and heir of Helena, to the same
effect. Reference is also made in the extracts given
above to James Tennent of Lynehouse, who received part
of the Temple lands belonging to Lord Torphichen in
^ 599- There is a probability that this Tennent was related
to the John Tennent, who in 1539 received a grant of Over
and Nether Howden from King James V. This John
Tennent was said to be "of Listonschiels." And in
Torphichen Chartulary James Tennent is mentioned as
" receiving a gift of escheat of all goods belonging to
Robert Adamson of Listonschieles. Edinburgh, i ith January
1 597-" That is, they reverted to him. He was probably
John's son, and enjoyed once more the paternal heritage.
The rest of the history of these " Tempellandis " is

* Original Charters in Register House.



OXTON 379

soon told. James Tennent sold his moiety of them to
the Robert Williamson above mentioned, and Williamson
obtained a charter disjoining his purchase from the
Barony of Torphichen, and erecting it into the " Tenandry
of the Temple Lands." Williamson then sold the
" Tenandry " to Lord Binning, afterwards Earl of Melrose
and Haddington, who got these Temple lands erected into
the Barony of Drem.

The Barony of Drem went to the Hon. John Hamilton,
Advocate, who left no son. Robert Hill, Esq., acquired it,
and the greater portion of it, up to the year 1845, belonged
to John Black Gracie, Esq., W.S. *

There is no mention of the Temple lands in Channel-
kirk, either those of " Chingilkirk " or of " Ugston," in the
Berwickshire list in the Register House, or in the Tor-
phichen Chartulary, and they must have been overlooked,
for their existence is undoubted, and the references to
them in the Great Seal and the Sasines are very frequent.
They must have been long in the hands of the Saltons,
and, no doubt, in those of the Abernethies before them.i*

The Homes were at one time so powerful in other
parts of Berwickshire, and so numerous, that we are not
surprised to find their progeny flowing over into Lauder-
dale, and even into such remote corners of it as Hernie-
cleuch. William Home, who added Oxton in 1622 to his
other lands in this district, was married to Isobella Frazer,
who may also have been a member of the Abernethy-
Salton-Frazer family so conspicuous at the same period. J
Contemporaneous with the Homes of Ugston there was a

♦ See Maidment's Account in the Spottiswoode Miscellany , vol. ii.,
pp. 20-32.

t Great Seal, 5th February 1644. % Ibid,



380 HISTORY OF CHANNELKIRK

John Home in Over Shielfield, Lord Home of Polwarth
held Headshaw, and half a century later a Home was
ordained to the church and parish as minister, and was
proprietor of Kelphope. For nearly two centuries the
name of Home was a prominent one in this parish.

We have no means of knowing the exact date of
William Home's death. On 2nd August 1622 he and
his son John produce their sasine of the Forty-shilling
lands of Ugston ; on 7th Jan. 1623, he, his wife Isabella
Fraser, and son John, the sasine also of the village and
pendicles held of King James. John (or James, by one
authority) hands them over to Abraham Home * of Home
and Kennetsydheid, and to his wife Anna Home, on 3rd
February 1640 ; who both in turn assign them to James
Cheyne, W.S., Edinburgh, on ist February 1643. The Forty-
shilling lands, and perhaps all Ugston, had meanwhile been
taken over about 1630 by Walter Riddel of the Haining,
Selkirkshire. Dryburgh Abbey claims from him, then, on
account of the Forty-shilling land, 35s. 5d., and in 1634,
43s. 4d., six poultry, and . . . . " capounis." f As late as
1664, Alex. Home, son to Wm. Home, draws an annual
rent furth of Oxton.

But in 1644 the whole lands of Ugstoun — village ;
pendicles ; mill ; Forty-shilling land " sometime pertaining
to the Dryburgh Monastery, and which the Earl of Mar
and Lord Cardross, his son, held for a time " ; and the
Temple lands, " sometime held by John, Lord Salton " — all
came into Cheyne's possession together. | He pays a yearly

* Sasines and Great Seal. f Liber de Dryburgh^ p. 378.

\ In the Decreet of Locality of Channelkirk^ June 30th, 1827, it is said,
p. 241, that "James Skeyne " had the lands of Ugston in July 1632.
This is, no doubt, the same person designated James Cheyne, but it is not
so clear that he held Ugston at that date.



OXTON 381

return for the Temple lands of 3s. 46., and 2s. of aug-
mentation ; and for his Forty-shilling land, the same as
Walter Riddell in 1634, and for the other lands "customary
rights and services."

We are tempted to pause a little here on the character
of this James Cheyne, and append a few notes illustrative
of his career in Edinburgh. When our account is so much
engaged with mere property and its dues, a biographical
variation may be, perhaps, all the more welcome.

His father, it seems, was Walter Cheyne of Tillibui,* who
apprenticed his promising son to Robert Pringle. He it is
who writes, about 1638, a charter by John, Archbishop
Spottiswoode, St Andrews, confirming the lands of the late
Lord Borthwick to Thomas Dalmahoy. He appears as
"witne.ss" in 1653, and as "notary" 26th June i654.-f- In
due time James blossomed out into a W.S., about two years
previous to his becoming possessor of Oxton lands and
village. It does not appear, however, that he always kept
the law which he professed to know so well, and had sharp
and irascible ways. On i6th March 1659, "Mr James
Cheyne and Mr David Watsoun compeared to answer to
a charge of ' minassing ' one another," They confessed to
" discord betwixt them in William Dounie's chamber ! "
" Filling up a blank paper " was the casus belli. The case
could not be settled at once, however, as the Commissioners
" could not sitt any longer by reason of their uther urgent
efifeirs." But the scales of justice weighed out in a few
days, " for the discord aforementioned," ;^20 each of a fine
to " the box," and suspension till it should be paid. James
sniffs at the whole concern, and does not deign to compear.
Next month, on 5th April, the fine is modified to. 20 merks
* History of Writers to the Signet. t Calendar of Laing Charters.



382 HISTORY OF CHANNELKIRK

to be paid betwixt them. James is then graciously " re-ad-
mitted," to all appearance, although the minute of it is
not given. We hear no more of him till four years after-
wards, when he is found, in 1663, complaining that Robert
Alexander dares to act as a W.S., notwithstanding that he
was " at the horn " — no joke in those days — " and unrelaxed
' for this many years.' " Robert has " other faults," too,
which have not escaped the sharp eye of Mr Cheyne. But
when Robert Alexander, W.S., compears, subsequently, to
answer the bill of complaint given in by Mr James Che}'ne,
the latter does not attend, and again proudly sniffs at the
whole affair. Mr James, by-and-by, is the culprit himself,
" for writing a bill and letters of horning," etc. James denies
subscribing the letters, but seems, notwithstanding, to have
written them. After due trial the letters are found to be
" unformall " ; but he still persists that he never subscribed
them. On 30th January 1671 he is suspended a second
time " for subscribing letters to unfreemen," and James Allan
gets a warrant to subscribe letters for him during the time
of his suspension. The professional atmosphere was growing
black around him, and out in remote Oxton, long before
this, property matters were no brighter. All through the
year 1671 his star seems to have shone through clouds, even
though he was " reponed " in February, for on 1 8th November
1672 " Mr James Cheyne being complained upon for writing
letters to the Signet for agents and unfreemen, his letters
are ordered to be stopped until he " make his appearance "
to answer for his transgressions. Ten years go past, but he
does not seem to have improved. On 6th November 1682
" the treasurer is ordained to ' settle Mr James Cheyne in
some honest house quhair he may be alimented, and this
without delay,'" 27th April 1683 — "Approbation is given



OXTON 383

to the treasurer for the sums paid to him to . . . Mr James
Cheyne. , . ." The Commissioners, considering that Mr James
Cheyne is in the exercise of his office till Whitsunday, find
that till that time he ought to have no allowance from the
box as pension, yet the treasurer is allowed " to give him
in smalls two dollars betwixt and Whitsunday." 7th May
1683 — Mr James Cheyne is allowed ;^ioo yearly, in quarterly
payments, " in case he goe off the citty and forbear the
exercise of his calling." On the 15th June of same year
he is due ;iC20 to a Mrs Currie, cook, which the treasurer
pays " off the first end of his pension." The treasurer also
is appointed to speak with Mr Duncan Forbes, the under-
clerk, to know on what terms Lamertoun's bond in his hand
is granted to Mr James Cheyne. And the last view we
have of him before he sinks beneath the waves of oblivion
is in keeping with all the rest. 20th October 1684 — "Mr
James Cheyne having drawn a bill on the treasurer for
^6, payable to John Sandilands on order, the treasurer is
authorised to pay it, although there was not so much due
of his allowance. The treasurer is recommended to advise
him to draw no more till it be due ! " A man of furious
life evidently, and clearly indebted to kind friends, whose
names are not revealed, for being kept from utter prodigality
and di.ssoluteness. Thirty-one years before this last sinister
notice of him in 1684, viz., in 1653, we find that his Oxton
property was not large enough to supply his exchequer, and
had to be bonded. He had held it nine years at that date.
He then wadsets it to John Home of Aitoun and Hutton,
and his second wife, " in an annual rent of 300 merks Scots
yearly, to be uplifted from the Ugston lands, mill, and mill
lands." Sasinc of the same is granted to his son and heir,
Alexander Home, in 1664, by precept of clare constat from



384 HISTORY OF CHANNELKIRK

James Achiesone of Howdoun, hereditary proprietor of the
lands of Ugstoun, mill, and mill lands thereof" *

James Achiesone was not a newcomer to Channelkirk
parish when he got the lands of Ugston, for he had been
established in Nether Howden "in fee" in 1647. His father,
John Achieson, advocate, held the same property in liferent
at the same time, although the Channelkirk Locality -j- dates
it at 1632. A doubtful statement. The Achieson (or Aitchi-
son) family, who may have descended from the Achiesons of
Edinburgh, so long connected with the Mint, kept long their
connection with Nether Howden, although in January 1681
we find that John Ker gets sasine of the lands of Ugston
and Ugston mill (Mountmill).|

The Kers, so famous in Border story, long held most of
the teinds of Channelkirk parish. In 163 1 the Kers of
Morriston are said to own the " two husband lands of
Ugston." § These are now called Heriotshall. The Kers
held them throughout the greater part of the seven-
teenth century. In 1687, 13th January, John Ker of
Moristoun, || heir of Andrew Ker, his brother, who was in
1676 served heir to Mark Ker of Moristoun, his father,
enters into possession of the "two husband lands of Ugstoun"
(Heriotshall). He also held at this time Collielaw and
Bowerhouses, as also half of the teinds of almost the whole
parish, bequeathed to him from his ancestors. These, we
need not say, were only part of great possessions which
the house of Moriston, now so humble, then held in Lauder-
dale and throughout Berwickshire.

At the beginning of the seventeenth century the lands of
Oxton appear to have become separated into several distinct

* Calendar of Laing Charters, No. 2587. t Pp. 237-41.

+ Sasines. § Locality, p. 243. || Retours.



OXTON 385

properties, each having its special designation. In various
deeds and charters these figure as Pickleraw ; LuckenJiaugh ;
Ugston Mains ; Temple Lands ; the Two Husband Lands ;
and Forty-shilling Lands. Over Howden and Nether
Howden, which originally were included in the " barony "
or " territory " of Ugston, were quite distinct from all
these.

Pickleraw has a descendant surviving among us to-day
which is called Pickieston, an abbreviation of Pickleston or
Picklestoun. Pickleraw was originally known as the " Two
Merk Land of Ugston."* Luckenhaugh (Look-in-Haugh) has
also its surviving relative to-day in the " Luckencrofts " field
near Oxton Cross, now included in Nether Howden Farm.
Ugston Mains is yet a fine flourishing farm of lOO acres, and
seems to have been the " Forty-shilling Lands of Ugston."
Forty-shilling Land was Three Merk Land in the East of
Scotland,"!" and it appears that Oxton Mains answers more
to the size of the " Forty-shilling Land " of the past than
any other piece of ground known to us in Oxton vicinity.
The " Temple Land " does not seem to have been defined
at any time, and is always spoken of as " lying among the
lands of Ugston." Perhaps Heriotshall and Ugston Mains
may have swallowed it between them, seeing that all three
appear to have been contiguous to each other, Heriotshall
is now 1 3 acres, or an oxgang (that is, half a husband land),
larger than its original size of two husband lands, and
Ugston Mains is 22 acres larger than its original dimensions.
From both we get 35 acres, or in old measurement nearly
three oxgangs ; and these three oxgangs may probably have
been the original Temple Lands of Ugston. The " Two

* Great Seal, 1622 A.D. ; Sasines.
t Celtic Scotland, vol. iii., p. 226.

2 B



386 HISTORY OF CHANNELKIRK

Husband Lands of Ugston" were Heriotshall, which obtained
this latter designation from the Heriots of Airhouse about
the beginning of the seventeenth century.

When, or from whom, the Somervilles may have obtained
Heriotshall we are not quite clear, but it was no doubt
purchased from the Kers of Morriston, and it must have



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