Herbert de Macuswell

Herbert de Maccuswell; Sheriff of Teviotdale c1200; died c1206. [Burke's Peerage]

Jim Weber posts the following observations: "The family of Maxwell derive their name from their barony of Maxwell, near the confluence of the Tweed and Teviot, and the barony probably acquired its name from Maccus, son of Undweyn, a witness to charters of David I, and owner of land in Roxburghshire, whom the family, it would seem with justice, claim as their ancestor. Carlaverock, on the Solway Firth, which was in the hands of the Maxwells before the famous siege of the castle by Edward I in 1300, gave them their predominating influence on the Western March, and led unavoidably to contact with the enemy over the border, which coloured the lives of many generations of the family."

HERBERT DE MACCUSWELL was sheriff of Teviotdale (Roxburghshire) about 1200, and had dealings in England. [Complete Peerage VIII:586, (transcribed by Dave Utzinger)]

Herbert de Maccuswell, the eldest son and successor of Maccus in his lands of Maxwell, lived during the reigns of Malcolm the Fourth, who succeeded to the Crown of Scotland in the year 1153, and of William the Lion, who succeeded Malcolm in the year 1165, and died in the year 1214. The name of Herbert of Maccuswell does not appear in the records of either private or public affairs during the short reign of King Malcolm the Fourth. But he seems to have attended the Court of King William the Lion. He was a witness to many charters and public transactions, the most of which related to the property and privileges of the religious houses during the reign of that sovereign. In giving a summary of these charters, we can, of course, from such materials, give only a part of his history, but still they throw much light on many leading events of his life, and also on the history, particulary the eccleiastical, of the times in which he lived, and in which he took a special concern, often presenting curious and valuable information respecting the rights and privileges of the Church, and the conditon of the occupants of the soil when they lived under it s shelter. These charters also show the class of persons with whom he was in the habit of associating, who were the chief of the ecclesiastics and the principal courtiers.

Herbert, like his father, appears to have been devotedly attached to the church. Under the designation of 'Herbert of Macuswel,' he made a donation, in or before the year 1159, to the Church of the Virgin Mary of Kelso, and to the monks there serving God, of the Church of Maccuswel or Maxwell. In that year this donation, along with numerous lands and churches, was confirmed, in 1180, by Jocelin, Bishop of Glasgow; by King William the Lion, at Jedburgh, 4th July, between the years 1195 and 1199, along with many other churches; and, on 19th May 1232, by Walter, Bishop of Glasgow.

The Church of Maxwell was dedicated to Saint Michael, and it was in the diocease of Glasgow. To it was granted, as already observed, before the year 1180, and oratory, which was founded in the territory of Maccuswell, in honour of Saint Thomas the Martyr, with one toft which he had given to it for a free and perpetual alms. This grant was confirmed by Jocelin, Bishop of Glasgow, so that the monks of Kelso, from their possessing the Church of Maccuswell, might also possess that oratory.

The confirmation is in the following terms:

"Jocelin, by the grace of God, Bishop of Glasgow, to all the sons, as well future as present, of Holy Mother, health in Christ - Know that we have granted, and by the present writing have confirmed to the Church of St Michael of Maccuswel a certain oratory, which ex novo is situated in the territory of Maccuswel, in honour of St Thomas the Martyr, with a toft, which Herbert, lord of the same feu, gave to that oratory for a free and perpetual alms; so that the monks of Kelchou, to whom belogs the before-mentioned Church of Maccuswel, may have and possess the above-written oratory as a member of the foresaid church, as freely and quietly for ever as they have and possess their other donations, under reservation of the episcopal right and usage; the witnesses being Simon, Archdeacon of Glasgow; Richard de Theuidale, dean; Richard, monk, the Bishop's chaplain, and others."

This oratory was called the Chapel of Saint Thomas of Harlawe.

Herbert of Maccuswell was witness to a charter granted by King William the Lion to Saint Kentigern and the Church of Glasgow, and Jocelin, Bishop of Glasgow and his successors, bishops thereof, for augmentation of the bishoprick of Glasgow, of the lands of Badlayn to be held for free and perpetual alms. Among the witnesses, besides Herbert, were the granter's brother David; Walter of Bidun, Chancellor; John, Abbot of Kelso; Richard of Morville, Constable; and Robert of Bruce. The charter is dated at Linlithgow, the year not given; but it appears to have been granted soon after Jocelin became Bishop of Glasgow, a dignity to which he was elected at Perth 23d May 1174, and to which he was consecrated at Clairvaux, 1st June 1175. In the charter King William asserts that he was led to grant it on account of the bereavements suffered by him and his after the decease of Engelramus, Bishop of Glasgow. That bishop died 2d February 1174. After this King William was taken prisoner by the English in his camp near Alnwick, on 13th July 1174, imprisoned in the Castle of Richmond, and, on 8th August, taken by the English King into Normandy, but was set at liberty on 15th February 1175-6, having given his oath of fidelity to the English King, as his liege lord, and submitted to other conditions, for the observance of which he delivered to him the castles of Roxburgh, Berwick, Jedburgh, Castrum Puellarum (the Castle of Edinburgh), and Stirling, and a number of hostages. The above charter must have been granted after the liberation of King William. King William's bereavements, to which reference is made in the charter, were caused by inundation of the Tay, which overflowed and destroyed the palace and the greater part of the town of Perth. By this calamitous event, from which the King himself narrowly escaped with his life, his son and his nurse, fourteen of the royal domestics, and many of the inhabitants of Perth, perished.

Herbert of Maccuswell was also a witness to a charter of confirmation, by the same King, confirming to God and Saint John's Church of the Castle of Roxburgh, that carucate of the dominical land of Roxburgh which King David, that granter's grandfater, gave to that church, and a full toft and a residence in the castle, together with the whole obliations of those who resided in the castle, a [fourth] part of the granter's oblation when he or his family should be in it, a tenth of his grove, and a tenth of the tallow of what was slaughtered for him in Teviotdale. The charter is dated at Roxburgh, the year being omitted, but it must have been between the years 1189 and 1199, as Hugh, the King's Chancellor, who was a witness to the charter, was made Chancellor in the former of these years, and died 10th July 1199.

If Herbert of Maccuswell did not inherit from his father the office of Sheriff of Teviotdale, he was, from his position, and from the estimation in which he was held by King William and by the community, appointed by the King to that office.

In a charter by Bernard of Hauden, granting to the Abbey of Kelso the mill and mill-pond of Reuedene, Herbert's son John , who was a witness, is styed 'John de Maccuswell, son of Herbert, Sheriff.'

Under the designation of 'Sheriff of Theuydale' [Teviotdale] Herbert of Maccuswell was witness to the amicable settlement of a dispute that had arisen between the Abbot and monks of Kelso, on the one side, and Henry of Molle and his wife Eschina, on the other, concerning the pasture which the former claimed in the territory of the latter's land of Molle by right of the church, and in name of the parson. The agreement was to the effect that the said Henry and his wife Eschina granted and confirmed a right in perpetuity in the territory of their land of Molle to the Abbot and monks of Kelso of pasture for 700 sheep and 120 animals, which they claimed as aforesaid; and besides, that the vicar appointed by the monks, and their men dwelling on the land of the church, should have common pasture with Henry of Molle's men of that land. The witnesses, besides Herbert, were Robert Archdeacon of Glasgow; John, Dean of Roxburgh; Hugh, Chaplain; Elias, parson of Old Roxburgh; and Edward of Lyntun. The document is withoug date, but it probably belongs to the year 1190.

Herbert of Maccuswell was also witness to a charter by Roland of Inverwie and Helewis his wife, granting in feu-farm for ever, to the Abbot and monks of Kelso the granters' land, grove and pasture, in the territory of Inverwie, which was opposite the land of the Monastery of Kelso, situated a described in the charter. This charter also granted to them various rights and privileges which at that time were commonly enjoyed by the religious houses. They were to have liberty to erect, and to inhabit, and otherwise to use for their advantage, dwellings or huts for themselves, or for their men or animals, whereever they chose, within the boundaries described, nor was it to be allowed to any except these monks to place huts, or to build houses, within these boundaries. The monks themselves and their men were to receive from the grove as much firewood or wood for building purposes as they desired, both for the town of Sperdeldun and for the land which they held of the granters; but they were not to be permitted to sell any of the wood, though they might sell the brushwood. The monks were to put in defence as part of the grove for their own convenience, and to place a forester, if they pleased, for keeping it, that none might receive anything therefrom without their permission. This charter is without date, but it was probably granted about the year 1190.

The name of Herbert of Maccuswell again appears among the witnesses to a charter by King William the Lion, granting to the Abbey of Kelso, three carucates of land in the territory of Edenham, as therein described, and the fishing in the Tweed which belonged to Edenham, extending from the marches of Keslo to those of Brigham. These three carucates of land, and the fishing in the Tweed, King William gave to the monks of Kelso in exchage for twenty chalders of corn and meal of the standard measure of the time of his grandfather, King David, which they used to have in the King's mill of Roxburgh, and in exchange for two chalders of malt, which they were wont to have in his mill of Edenham, by the gift of his grandfather, King David. He granted also to them, should their mill of Kelso, either by inundations of water or by reason of ice, be prevented from grinding, or be broken by accident, liberty to grind at his mill of Edenham the corn which grew upon the forementioned land of Edenham for their food freely, without multure, immediately after that which was already in the hopper, unless it was corn from his dominical land. This charter is dated at Roxburgh, the year being omitted, but as 'Hugo, the King's Chancellor,' who was one of the witnesses, was made Chancellor in the year 1189, and as Arkenbald, Abbot of Dunfermline, another of them, died in 11198, it must have been granted between the years 1189 and 1198. Others of the witnesses were Henry, Abbot of Aberbrothoc; Guido, Abbot of Lundores; Hugh, the King's chaplian, clerk; and William of Lindsay, justiciar.

In a confirmation by King William the Lion to Saint Kentigern and to William, Bishop of Glasgow, and his successors, of the whole right which William Cumin said and believed he had in the land of Muncrath, lying between Badlayn and Kirkentulaht, Herbert de Maccuswell again appears as a witness. Among the other witnesses were Osbert, Abbot of Kelso; Robert de Lundon' William de Lindesay; and Thomas de Colleuill. The charter is dated a Roxburgh, 1st March, the year not given, but as William, Bishop of Glasgow, to whom it was granted, was consecrated Bishop of Glasgow in 1200, and as Osbert, Abbot Kelso, who was one of the witnesses, died in 1203, it must have been granted between these years.

The last tranaction in which the writs of the period that have been preserved present Herbert of Maxwell as having been engaged, was his granting as Sheriff, to Robert, son of Maccus, possession of a carucate of land in the territory of Lesedwin, to which King William the Lion granted a charter of confirmation in favour of the said Robert on 28th December 1200. It is probable that he died soon after this date. [The Book of Carlaverock I:21-26]

Sources:

  1. Type: Web Site

     Author: Jim Weber

     Title: The Phillips, Weber, Kirk & Staggs Famlies

     URL: http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=jweber&id

     Date: Sep 19, 2010

     Detail: Jim Weber cites numerous sources for his data. See his posting for details.

  2. Type: Web Site

     Author: Jane Williams Flank

     Title: Williams/Rose Legacies

     URL: http://wc.rootsweb.com/cgi-bin/igm.cgi?op=GET&db=jwflank&id

     Date: Jan 10, 2009