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PE1209: Bourtreehill Estate 14.04.09

For the Committee,

The conclusion of the last meeting was that my report should be sent to the three statutory bodies (West of Scotland Archaeology Service, Historic Scotland, National Trust for Scotland) for analysis. If, on review of my work, they found nothing to substantiate the contents, the petition would be (understandably) closed down. The WEST OF SCOTLAND ARCHAEOLOGY SERVICE has confirmed that Bourtreehill Estate is considerably older than previously thought and acknowledged that Robert the Bruce was connected to the estate in the manner indicated in my first report. They wrote in their initial detailed response: It is reasonable to assume therefore that Robert the Bruce was making a similar allocation of confiscated land at Bourtreehill as was made at .

But their latest response (“I am happy to agree that there is a “Bruce connection” in that Robert the Bruce issued a charter which mentions Bourtreehill”) will hopefully be enough to carry the petition forward. I should add that while the name of the estate only just gets a mention on the charter, it was nonetheless entirely focused on the joint lands of Bourtreehill and Stane and was, in every respect, a charter for the lands and tenants of Bourtreehill and Stane.

In addition to their agreement, WSAS have also added: “It is known that the lands of were once owned by the de Morville family and passed through succession to John Balliol”. This is no small matter, as I intend to demonstrate in my forthcoming book. The High Constables of Scotland were the Hereditary Lords of Cunninghame. They built their HQ (somewhere) in Irvine. Bourtreehill, being the highest, most prominent, and by far the oldest surviving, medieval estate in the Irvine environs, is a possible candidate for the sighting of that castle.

WSAS have also confirmed that most of the estate has survived:

From my comparison of the modern Ordnance Survey map with the first edition map, it appears that all of the first edition map structures, including the 1682 house, are located within the remnant policies and have not been built over.

The W.S.A.S. is not disputing the significance of Bourtreehill after 1682, though they do not refer to the reasons why it was significant.1 They acknowledge that the 1682 house was high status, but they haven’t found evidence that the previous structure was equally significant (…nor was it necessarily a high status house site, as appears to be the case for the 1682 house.)2

1 See BHill Report for information on James Boswell, Robert Burns, the Earls of Crawford and Eglinton (and their enigmatic Countesses), Freemasonry, or the possibly apocryphal tale involving the introduction of the potato to Scotland. 2 The 1682 house, being the last major building on the estate, must be the one misidentified by Historic Scotland as a late 18th early 19th century building. PE1209/H

In their second report, the W.S.A.S. indicated that they were still of the opinion that the previous structure wasn’t necessarily high status (despite the high breeding of its various – occasionally royal - historical overlords). They wrote:

I remain however of the opinion that it cannot be assumed that this earlier house site was of high status.

New Evidence of Former Status Despite being associated with the High Constables of Scotland, The High Stewards of Scotland, Robert the Bruce, Robert II, and (allegedly) William Wallace, a tantalising (and hopefully useful) reference to its earlier status has survived in the Registrum Secreti Sigilli Regeum Scotorum. It refers directly to the building replaced in 1682.3 In an entry dated 18th Feb. 1606, and signed by the Abbot of , the earlier structure is referred to as a ‘mansione’.

…de Bourtriehill cum mansione, cum 2 partibus communis more includendo 3 fauldis inter dictam moram et Blaketbank, cum dimidia parte more inter terras de Stane et Stonanerig, in dominio de Stane, balliatu de Cunynghame, vie. Air…[18th Feb. 1606]

This confirms the existence of an earlier site and for the first time supplies it with a significant label. It is likely that this is the same building recorded by Timothy Pont sometime around 1590. Pont, until now, may have been describing a smaller, less significant, structure. But we now know he was describing a mansion house, or similar stately home. Bourtreehill was already described as “lands of old extent” in 1505 (Lynn charter). We are therefore looking at a likely medieval archaeological site.

The Blairs of Blair Between 1306 and 1363, the Blairs of Blair Estate in Dalry were the recorded tenants of Bourtreehill. Sir Bryce Blair, said to be a follower of Wallace (though was executed in 1296), left no children. His brother, David, appears on the Ragman Roll. David’s son, Roger de Blair, was allegedly awarded Bourtreehill by Robert the Bruce sometime after 1306.

That the Blairs still retained possession was confirmed in the 1363 charter issued by the High Steward of Scotland. It is possible that they still possessed the estate well into the 15th of 16th centuries when it passed into the hands of a powerful, but lesser known family (Lynn) from the same town (Dalry).

Lynns of Dalry and Montgomerie family papers indicate that the Lynns of Dalry were the occupants between 1505 and c.1608. Earlier references to the Lynns of Bourtreehill appear to date back to 1505.4 Laurence Lyn of Bourtrehill actively supported Mary

3 Not to be confused with Bourtree in Aberdeenshire, which appears on the same document. 4 Taken on good authority. I was contacted two years ago by a fellow historian in the USA who was researching the Lynns of Bourtreehill. She is currently working on a book and have yet to see a copy of the 1505 record. I have no reason to doubt its existence. PE1209/H

Queen of Scots at Linlithgow Bridge in 1526. He is on a list drawn up by the Registrum Secreti Sigilli Regeum Scotorum under the title: NAMES OF THOSE WHO RECEIVED REMISSION from Queen Mary. A similar document, this time bearing the name John Lyn of Bourtrehill, was drawn up in 1522.5 In a 1568 ‘Instrument following on Discharge by John Lin of that ilk…,’ a Laurence Lin of Bourtrehill is recorded as a witness.6

Dickie in Bourtreehill The will drawn up in 1632 naming William Dickie in Bourtriehill, as a beneficiary, is an odd document. There is no record, other than this one, of the Dickie family living at Bourtreehill. The language of the entry perhaps indicates that his stay at Bourtreehill was somehow transient. He perhaps was in Bourtreehill, not of Bourtreehill.7 If Dickie was staying in Bourtreehill, this could be interpreted as further evidence that a house – prior to 1682 – did stand in the area.

North Council Francesca McGrath, Senior Research Specialist working for the Scottish Parliament, compiled an initial report into Bourtreehill in late 2008. She found evidence that…

…Robert the Bruce did receive the property of Bourtree-Hills when it was forfeited by the absent landlords who had supported Balliol’s unsuccessful claim to the Scottish throne.

And yet, when enquiring about the history or status of the estate she received a less than enthusiastic response. council had apparently never heard of the estate, despite the fact that its own archives were fairly useful in the development of this project. Francesca continues:

The Local History department in Irvine public library could not locate any reference to a castle held by Robert the Bruce in Ayrshire.

There are a number of books discussing the Brucean Lordship. Most can be easily accessed through the Irvine library. See G. Robertson’s 1820 Topographical Description of Ayrshire; J. Paterson’s 1847 History of the County of Ayr; J. Burke’s 1838 A Genealogical And Heraldic History of the Commoners of Great Britain; the Maitland Club’s 1858 Topographical Account of the District of Cunninghame by Timothy Pont.

Francesca also found that the host council was equally unaware of the area:

North Ayrshire council has no record of Bourtreehill gardens or woods.

North Ayrshire Council currently employs council gardeners to cut the grass throughout the interior of the estate. It therefore comes as a great surprise that they

5 Ibid. 6 Some Family Papers of the Hunters of Hunterston, M.S. Shaw. 1925. 7 In Contributions Towards a Neslon Geneology, William Nelson. 1904, a document is included under the date 1632. PE1209/H

are unaware of it. The gardens were at their decorative peak in the 18th and 19th centuries and occupied an enclosure known to have existed prior to 1292. That the current guardians (North Ayrshire Council) have no idea about this site is quite inexplicable. It is, by far, the oldest woodland in the Irvine district and the largest intact estate in the Irvine Parish.

Bourtreehill still doesn’t meet the artistic criteria for inclusion on the Gardens and Designed Landscapes Database, despite having an entry in the Parks and Gardens Database at York Uni. (Archaeology dept.) and another in the Local Landscapes of Historic Interest (see below) on the North Ayrshire Council website.

The WEST OF SCOTLAND ARCHAEOLOGY SERVICE has also written:

…we will continue actively to monitor this area on behalf of North Ayrshire Council and will be happy to co-operate with any community efforts to manage and interpret the remaining fragment of the Bourtreehill estate, should the council wish us to do so.

I consider this a minor victory and hope that the petition goes forward another step. Despite all the evidence, and apparent protection, the estate is falling apart. There were several ruins, all of which have suffered a major collapse only in the past ten or fifteen years. There were two arches, a graveyard, a large flat building, a wall, a pumping house and a few others scattered about. These have all collapsed due to the most severe vandalism. Protected rare trees are burned indiscriminately, and then quietly removed by the council. Two Wellingtonia, at least, have ended this way in the past decade. An ancient holly (one hug and a bit) was just cut down for no apparent reason. An ancient oak stump was on the site until the 90s. It was more than four hugs in circumference and has severe hollowing. It got flattened No record of it appears to exist. A possible layering beech was recently killed and destroyed. It resembled that found at Kilravock. Many other trees still exist but it’s only a matter of time.

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I am deeply indebted to W.S.A.S for the time and effort they have taken in their investigation of my claims. I also apologise unreservedly for portraying them as being somewhat complacent in my initial report. On close analysis of their first response, I see they were equipping me with the confirmation I, and the committee, required. By confirming the Bruce connection (the same connection I myself put forward) and the evidence of a pre-1600 structure, they will presumably help carry the petition forward one more time, as indicated by the Public Petitions Committee on February 10th 2009.

Their second report, and the reports of NTS and HS, all deserve a closer study, because there is clearly archaeological potential in the area. This letter can’t possibly address all the positive issues raised by the three bodies, despite the fact that NTS and HS have both produced additional supportive evidence (albeit without changing their position). The W.S.A.S. draw comparisons with Perceton, as I have done, and acknowledge that the discovery of a “medieval period archaeological site at Bourtreehill would be of archaeological significance.”

Can I advise, now that confirmation has arrived, that my first report is reviewed once more. Bruce, after all, is only one aspect of the history of the estate. Balliol, Robert II, Robert Burns, James Boswell, the Earls of Crawford and Eglinton, Burns, the lost medieval chapel, the lost graveyard, etc, all had a part to play. It’s important we don’t lose sight of this and allow the place to continue falling apart.

Sincerely yours, A.J.Morton

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Bourtreehill House

Bourtreehill House, as seen by James Boswell, (Est. 1682)

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Rogero de Blair of Buretres

Robert the Steward of Dundonald (and Buretres)

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Tour/Guide Map, 2009