4 25 PROCEEDING SOCIETYE TH F O S , APEIL 8, 1889.

III.

NOTICAGREEMENN A F EO T BETWEE N ECCLEVASSANA A D -AN L SIASTIC IN REGARD TO SUBJECTS ON THE WATER OF LEITH IN THE YEAR 1226. BY THE REV. WILLIAM LOCKHART, A.M., F.S.A. SOOT.,' MINISTE COLINTOF RO N PARISH, MID-LOTHIAN.

Subjoined is a translation of the document entitled "An Agreement between Thoma f Lastalrio s c (Eestalrig) d Mastean , r Kicard (Eichard), parso Halif no s (Colinton)," whicsubjece th s hi thif o t s notice. " In the year of our Lord, one thousand two hundred and twenty-six, on the Sainf o y t da Fait Virgie sanctaefidise hth Di ' n( virginis,' October),h 6t this final agreemen mads i t e between Thoma parte d Maste on f Lastalrisan o , e th r n o c Kicard, parso Halisf no namn Churce i , th f e o otheHalise f ho th n ro ,part , with consene th assend tan f Loro t d William , e convenAbbotth d f Dunferman ,o t - line; namely, thaforesaie th t d Thomaheirs hi sd shalsan l have their mill-dam (stagnum molendinie aforesaith n o s df Halis )o wa day thao s tham s a , da t they shall not extend their dam towards the church land beyond, what it was on that day. Also the foresaid Thomas and his heirs shall have their mill with the Middlehope or Midlehope (' Midelhope') and Mill-croft (milne-croft) even e greath o tt e aforesai stonth s a e dthan o Thoma tt i clayd ha s. Also they themselves and their men shall have free ish (free access) in going to and re- turning from the mill by the highway (magnam viam). On the other hand, the parson shall have, as representing the church, the whole residue of the land fro forementionee mth d grea ditce mads th t r wa hstono t e fo d whic p ol eu f ho boundare th y wit hal e Seyilluf o hth f r Seyillorumo ' Seyittum'm( ) towards Faley ' faleys'),s( Lors a 1 . (Hugh)dH , bisho f Dunkeldpo Lord an , d William, abbot of Dunfermline, provided on that day. And the foresaid Church shall have that small piec lanf eo d which lies betwee gardee churce nth th f d no han highwae th y which leads toward mille th s . Savin e churcg th als e o ot h th land possessiond san peacefun i s f whice aforesaiswa o th lt i n posses ho y dda - sion. It is agreed on both sides, otherwise that if either party wishes to resile from this contract, e Bishoth f Dunkelpo d shall have powe o compet r e th l party resiling pain o f excommunication,o n , without appeale stano th t , o t d agreement which has been made. And that this agreement may remain sure for ever e foremeiitioneth , d parties hav n turi e n affixed their seal o thit s s writing. And for the greater security of this matter Lord ('H') Hugh, bishop of Dunkeld, and Lord William, abbot of Dunfermline, and Lord 1 Foulis(?). AGREEMENT AS TO SUBJECTS ON THE WATER OF LEITH. 255

Willia e Boscomd , archdeaco f Lothianno d Loran , d Thomas Chancellord an , Maste . (WilliaW r e Edemd r Edenham)no , archdeaco f Dunkeldo n , have affixed their seals to each part of this writing" (Begist. de Dunferm., No. 218, pp. 135-6). This deed, which was executed during the reign of Alexander II., kin f Scotlando g , evidently refer o subjectt e Wates th f n Leitho ro s , because the ancient church of Halis stood near to that river, and Kichard e clergymath , n here s referrerectowa f tha, o r to dt churcd han parish at this time. Not only so, but the Abbot and Convent of Dunf erinline, whose " consent "d assentan " e herar "e obtained, were superiors of the lands of Halis from about the end of the eleventh century down to the period of the Eeformation (1560). The vassal here mentioned, Thomas of Lastalric, was in all probability one of the ancestor e Loganth f f o sRestalrigo s a famil, y that figures somewhat conspicuousl ye histor th bot d romancn i hyan f Scotlandeo whosd an , e residence seem havo st e bee r generationfo n e placth t ea sabov e men- tioned, althoug e surname th hs usua wa t thia ls a ,s period t givenno s i ,. From another deed in the chartulary of Dunfermline Abbey (No. 300, pp. 190, 191), it would appear that the name of Thomas's father was Edward, and that the said Thomas obtained the above-mentioned lands, or e samotherth en i sd heritagedistrict an u n fe land,i ,d "n i an s waters damn i ,d mills, a monean s r "fo y consideratio e paib do nt half- yearlye termth f Martinmat o sa , d Whitsundayan s e Monasterth o t , y of Dunfermline e saiTh d .land apparentld ha s y been formehela y db r vassal, Archibald, son of W. of Douglas ("Duglas"), from a period dating betwee yeare th ns resignatio shi 117n o d 1198 8an d f o nan , them d retiremenan , t intmonastere th o brother,a s ya they were given e saith d o t Thomas f Edwaro n so ,f Lastalricdo e datTh e . here men- tioned (1178-1198 s ascertaine)i d froface mth t tha Abboe th t t A——— (Archibald or Erkenbald), referred to in the deed, held office between e yearth s 117 d 1198an 8 . Another membee samth ef o rEestalri g family, Sir John of Lastalrick, is mentioned in another deed in the same chartulary (Begist. de Dunf., No. 230, p. 147), and he has a son and heir called Symon. This deed is dated the 30th June 1284. e periodocumene th th considerint e f dA o ar e w t g (1226), when Edin- 6 25 PROCEEDING SSOCIETYE OTH F , APRI , 18898 L .

burgh consisted almost solel Holyroodf yo monasterya s ,a , wit Austis hit n canons,—of St Cuthbert's Church under the Castle,—the castle itself,—a Si Giles' Churc housed han s probabl Castle th n yeo Hill,—there were scenes of industry towards the south-west, on the banks of the Water of Leith or the Water of the Hollow, for that seems to be the meaning of Leith o r s sometimei Let t Ledr i ho s a , s callede millTh s . l probweral n ei - ability grain mills, and their existence proves that the art of husbandry or agriculture was being pursued by the people in this neighbourhood t thaa t e roadstimeTh . , too, wer t merelno e y bridle-paths t highbu , - ways, for one such highway is mentioned in the Deed of Agreement above referre . to Wherd e exaceth twhic o spot e dees i thth d refers, and where the mill and mill-dam and milne-croft, and highway and ditch and great stone were, it is perhaps impossible now exactly to determine. They must, however, have been betwee presene nth t village of Colinto d wha an ns know i t s Bog'na Watee s th Mil f n Leitho ro l , about a quarter of a mile farther up the river than the village of Slate- ford, becaus e churceth lann f o Halie h o ds th contiguoun swa o d an o t s north side of the Water of Leith between these places. Middlehope, Seyillum or Seyillorum, and Falleys are evidently names of places of whic l trac hbeeal s eha n lost. The deed begins by giving the date of the agreement very precisely, t FaitS Virgin e f yeae o hth th namelyy r n da i 1226, e th ,t bein i , g then customary to fix dates by the festivals of the saints. This saint, St Faith, is probably better known in English than in Scottish ecclesias- tical history, there being no churches north of the Tweed dedicated to her, so far as I am aware, although probably other deeds may be found wherreferres i e e. sh dto s saii o havt de eSh bee younna d beautifuan g l Christian female, belonging to Agen in Aquitaine, who along with others suffered death e thirth f do centuryd en abou e ,th t froe crueltmth f Dacianyo e th , pagan prefec f Gaulo t , unde e Komath r n emperors Diocletiad an n Maximian. Therchurca s ewa h r memor buil he r nativ o he t t n yi e place e fift th e titula hth n i s centuryi r e sain Sh f severalo .t churchen i s France, of the church of Longueville in Normandy, which was said to have been enriched by Walter Giffard, earl of Buckingham. St Faith AGREEMENT AS TO SUBJECTS ON THE WATER OF LEITH. 257

" was also patroness of the priory of Horsham, in the county of Norfolk, founde Eobery db t Fitzwalte s wifhi ed Sybillaan r endowed an , d with great privileges by Henry I."1 There are sixteen churches in England r namesolhe e n honouri d Littld an , e Wittenhan Berkshiren i , e th n i , names of St Faith and All Saints; whilst the crypt of Old St Paul's in London was dedicated to this saint, and until the Reformation was calle e churc e parist dFaithth S th f f ho o . Ther robea s ei d figurf o e t Laurence'seebrase a S saine b th n n i o i s t t s Church, Norwich, with a r heacrowhe dn nsurroundeo "e righy glory, a dboob a th d tn ki " an hand, while the left holds a handle attached to a bed—it being on a brazen bed that the saint is said to have suffered martyrdom. Her emblem, therefore, is a bundle of rods or a brazen bed in her hand.2 h October6t e have th Sinc w difficults ,o r festivaen wa ehe y da yl what- eve determininn i rwhicn o Lore y hth da d e Abbogth f Dunfermlineo t , Lore th dd Bishoan Dunkelf po othersd dan , conclude ratified dan d this agreement between vassa d ecclesiastian l n regari c mill-daa o dt d man other subject e Wateth Leithf n i so r .

1 Sutler's Saints, Oct.h 6t . ,600 p vol . .ii . Calendar Prayer e oth f Book, Parker, Oxford, &o., 1867 (pp. 108-9) tyrane Th . t

s saii o havt d2 e aske e younth d g Christian wha r namhe t e was, whe e repliesh n d " Faith," and what is your religion ? to which she answered " Faith."

VOL. XXIII.