Feature of the month: No.12 May 2010

King David deals with a controversial transaction: the language of giving and granting in the dispute over Edrom and Nisbet

Dr John Reuben Davies, PoMS Research-Assistant

On 16 August 1139, King David made a gift to Coldingham priory (a dependant of Durham cathedral priory) of Edrom (in Berwickshire) and Nisbet (in Edrom) in perpetual alms, 'as Cospatric brother of Dolfin held them on the day he died'. Cospatric was the youngest son of the earl of Northumbria of the same name (d. 1073×5), who was given lands in Lothian by King Malcolm III. Cospatric, the first earl of Lothian (later the earldom of Dunbar) was usually known as 'the brother of Dolfin', and his son, also named Cospatric (d. 1166), who succeeded him in the earldom, is usually known as Cospatric of Dunbar. Cospatric brother of Dolfin is thought to have died at the battle of the Standard (fought at Cowton Moor, north of Northallerton, Co. Durham) on 22 August 1138.

The gift of Edrom and Nisbet made by Cospatric brother of Dolfin gave rise (as Geoffrey Barrow observed) to more documentation than any other Scottish benefaction to Durham in the reign of David I. King David's charter survives in the Durham cathedral archive and runs as follows. ¹

Dauid dei gratia rex scot(torum) omnibus sancte ecclesie fidelibus presentibus et futuris salutem. Sciatis me dedisse et concessisse ecclesie sancte Marie, et sancti Cuthberti de Coldingham, et conuentui ibidem deseruienti, Ederham, et Nesebitam, in perpetuam elemosinam sicut Cospatricus frater Dalfini eas tenuit die qua fuit uiuus et mortuus cum suis rectis diuisis, ita liberas et quietas sicut alias terras tenent que ad Coldingham pertinent, in ecclesiis et aquis et pratis. Presentibus testibus …

David by the grace of God King of Scots to all the faithful of Holy Church present and to come greeting. Know that I have given and granted to the church of Saint Mary and Saint Cuthbert at Coldingham, and to the religious community ministering there, Edrom and Nisbet in perpetual alms, just as Cospatric brother of Dolfin held them on the day that he was alive and dead, with their right bounds, so free and quiet as they hold the other lands that pertain to Coldingham, in churches and waters and meadows. Witnesses present …

A further charter bearing the same date is almost a duplicate, but there are some subtle but important differences: after the first sicut clause, the second charters adds, ²

sicut Carta eorum testatur, In ecclesiis, et aquis, et pratis, et pascuis, et molendinis, et Omnibus aliis locis.

as their charter bears witness, in churches, and waters, and meadows, and pastures, and mills, and all other places.

The second charter therefore makes reference to what we may take to be Cospatric's charter, and in the specification of what is to be free and quiet, 'pastures, mills, and all other places' are added. A charter of Cospatric making the gift of Edrom and Nisbet also survives in the Durham cathedral archive. ³

Omnibus sancte ecclesie dei filiis sublimioribus et inferioribus ordinatis et laicis, Gospatricus comes frater Dolfini salutem. Sciatis me concessisse et dedisse Deo et Sancto Cuthberto, et monachis eius in elemosinam, uillam de Ederham et ecclesiam eiusdem uille cum omnibus capellis suis, et aliam uillam que dicitur Nesebite, liberas et quietas in perpetuum possidendas, cum omnibus que ad easdem uillas pertinent, in terris et aquis, et pratis, et pascuis, pro anima Malcolmi regis, et filiorum ejus regum Ædgari, Alexandri, et pro rege Dauid et filio eius Henrico et pro me ipso, et uxore mea, et filiis meis et pro animabus omnium parentum meorum, Et si aliquis huic elemosine mee uult contradicere, inter eum et Deum sit. Testibus …

To all the sons of the holy Church of God, eminent and lowly, ordained and lay, Cospatric the earl, brother of Dolfin, greeting. Know that I have granted and given in alms to God and to Saint Cuthbert, and to his monks, the uilla of Edrom and the church of the same uilla with all its chapels, and another uilla which is called Nisbet, to be possessed in perpetuity, free and quiet, with everything that pertains to the same uillae, in lands and waters, and meadows, and pastures, for the soul of King Malcolm, and of his sons, the kings Edgar and Alexander, and for King David, and his son Henry, and for me myself, and my wife, and my sons, and for the souls of all my forebears; and if anyone should want to object to this charitable gift, let it be between him and God. Witnesses …

This, however, may not be the charter referred to in King David's charter, for it does not specify mills. A confirmation of Cospatric's donation by Robert, bishop of St Andrews (d. 1159), on 25 October 1150, refers to the 'pastures and mills', as well as to the charters of the king and of Cospatric. ⁴ The charter above does not mention mills, but does mention the chapels of Edrom, which are not mentioned in Bishop Robert's confirmation. Another confirmation by the same Bishop Robert, given on the same day (25 October 1150), does make mention of the chapels of Edrom (not mentioned in the other confirmation). ⁵ One may therefore guess that there were perhaps two charters laying out the terms of Cosptric's original gift.

Whatever the case, the gift of Edrom and Nisbet made by Cospatric brother of Dolfin was to give rise to a dispute. Soon after Cospatric's death in 1138, we learn that his son, Cospatric of Dunbar had renewed his father's gift, for the king issued the following brieve. ⁶

(D. rex) Scot', G. Ridell', vicecomite de Rokesburg, salutem. (Tibi) precipio (ut) terra monacorum Dunelm' quam Gospatric de Dunbar dedit (patris) decessu ponatur in respectum donec in illam uenero prouinciam. (Nemo) de monacis nec de Gospatrico aliquam operat(ionem) nec seruitium [capiet sed] monac(i) teneant illam terram bene et in pace quiete (infra suum) termin(um). Et non permittas quod aliquis eis iniuriam (faciat sed fac inde si)c(ut) meam dominiam faceres. t. Hugone de M(oruill)

David, king of Scots, to Gervase Ridel, sheriff of Roxburgh, greeting. I instruct you that the land of the monks of Durham which Cospatric of Dunbar gave upon the death of his father be sequestrated until I shall have come into that district. No one should demand of the monks nor of Cospatric any work nor service, but the monks should hold that land well and in peace, quietly within its bounds. And you should not permit anyone to do injury to them, but you should act thereupon just as you would treat my demesne.

When the king did come to Roxburgh, the case was pled and decided before him and Robert de Brus and others of the king's barons. Despite King David's judgment, however, the following year Henry, King David's son, had to command Earl Cospatric of Dunbar to allow the charitable gift of his father, Edrom and Nisbet, to be free and quit and in peace, and to restore the monks' oxen at once. ⁷ Cospatric had evidently been poinding or distraining the monks' cattle, for the question of service had evidently not been satisfactorily settled. ⁸

H. filius regis Scot', Gospatrico comiti, salutem. Mando tibi et firmiter precipio quatinus permittas terram de elemosina patris tui, uidelicet de Hederham, et Nesebita, ita esse liberam et quietam, et in bene et in pace, sicuti in anno preterito coram patre meo et Roberto de Brus, et aliis suis baronibus proloqutum et finitum fuit, donec rex pater meus reueniat, et reddere facias boues eorum cito per plegios. t'. Roberto de Vnfranuill', et Ada uicecomite.

Henry, son of the king of Scots, to Cospatric the earl, greeting. I command and firmly instruct you to allow the land of your father's charitable gift, namely Edrom and Nisbet, to be free and quiet, both properly and peacefully, just as in the year gone by it was pled and concluded before my father and Robert de Brus, and his other barons, until the king, my father, returns; and you are to give back their oxen at once by pledges. Witness Robert d'Umfraville, and Adam the sheriff.

One suspects that it was either about this time, or perhaps immediately after the judgment, that the king made the gift that appears in Barrow, David I, nos. 68 and 69 (above). The king himself became the donor of Edrom and Nisbet, and thereby guaranteed the lands to Coldingham. The monks were to hold the lands on the same terms that Cospatric brother of Dolfin had held them on the day he died. The implication is that they were therefore responsible for performing whatever service was required from the land.

In 1141 Earl Henry (King David's son) gave Edrom and Nisbet to Coldingham priory in the same terms as his father had done in 1139. ⁹ In other words, he became the donor.

Henricus dei gratia comes filius Dauid regis scottorum Omnibus Sancte Ecclesie fidelibus presentibus et futuris salutem. Sciatis me dedisse et concessisse, Ecclesie Sancte Marie et Sancti Cuthberti de Coldingaham et Monachis ibidem deseruientibus Ederham, et Nesebitam, in perpetuam elemosinam, sicut Cospatricus frater Dolfini eas tenuit die qua fuit uiuus et mortuus cum suis rectis diuisis, ita liberas et quietas sicut alias terras tenent que ad Coldingaham pertinent, in ecclesiis et aquis et pratis. Testibus …

Henry, earl by the grace of God, son of David king of Scots, to all the faithful of Holy Church present and future, greeting. Know that I have given and granted to the church of Saint Mary and Saint Cuthbert at Coldingham and to the monks ministering there, Edrom and Nisbet in perpetual alms, just as Cospatric brother of Dolfin held them on the day when he was alive and dead, with their right bounds, so free and quiet as they hold other lands that pertain to Coldingham, in churches and waters and meadows. Witnesses …

This charter of donation is based on Barrow, David I, no. 68.

Finally, six years later, on 3 May 1147, King David confirmed the gift that Cospatric brother of Dolfin gave to Coldingham priory. ¹⁰

D. dei gratia rex scottorum, omnibus sancte ecclesie fidelibus presentibus et futuris, salutem. Sciatis me concessisse ecclesie sancte Marie, et sancti Cuthberti de Coldingham, et monachis ibidem deo servientibus donum quod Gospatricus frater Dolfini dedit praedictae ecclesiae et monachis, scilicet Ederham, et Nesbitam in perpetuam elemosinam, cum ecclesiis, et aquis, et pratis, et pascuis, et molendinis, et omnibus aliis locis, et cum eisdem rectis divisis, quibus eas tenuit die quo fuit uiuus et mortuus, liberas et quietas, ab omni seruitio, et omni consuetudine, exceptis triginta solidis, quos praefati monachi dabunt filio eius Gospatrico, et heredibus suis post eum pro conredio Regis, unoquoque anno ad festum sancti Martini, et excepto exercitu regis, unde monachi erunt attendentes ipsi regi, et ipse Gospatricus de exercitu erit quiete in perpetuum. Presentibus testibus …

David, by the grace of God king of Scots, to all the faithful of Holy Church present and to come greeting. Know that I have granted to the church of Saint Mary and Saint Cuthbert at Coldingham and the monks serving God there the gift that Cospatric brother of Dolfin gave in perpetual alms to the aforesaid church and monks, to wit, Edrom, and Nisbet, with churches, and waters, and meadows, and pastures, and mills, and all other places, and with the same right bounds by which he held them on the day when he was alive and dead, free and quit from all service and every custom except thirty shillings that the aforesaid monks shall give to his son Cospatric and his heirs after him in return for the king's corrody every year at the feast of Saint Martin, and except the king's army service, whereupon the monks shall be responsible to the king directly, and Cospatric himself shall be quit of army service for ever. Witnesses present …

This confirms the gift described in Barrow, David I, no. 69, but makes it explicit that the monks are to be responsible for the king's corrody and army service, which were evidently due from these lands. This matter of payments due to the earl in return for the king's corrody and the obligations in relation to army service appear to have been the root of the problem. This charter lays out the terms clearly. Now that the matter has apparently been settled to the satisfaction of all parties, the gift of Edrom and Nisbet originally made by Cospatric brother of Dolfin is reinstated and confirmed by the king, who relinquishes his role as donor.

Finally, probably in 1147, Earl Henry confirms the same gift of Cospatric brother of Dolfin, 'just as the charters of my father bear witness and confirm'. ¹¹

The documentation relating to this donation provides a fascinating record of the change in dispositive language in the course of a dispute. A gift is made by the Earl of Lothian; the terms of that gift are then disputed by the heir; the king and his barons hear the case and make a judgment; the king then makes the same gift himself, thereby becoming the donor and guaranteeing the donation; the king's heir, Earl Henry, soon afterwards provides his own charter of donation in the same terms as his father's, taking upon himself the obligations of a donor; the heir of the original donor continues to challenge the terms of tenure and engages in poinding (seizing the landholder's cattle and goods). In the end an agreement is reached and the terms of the original gift are clarified; the king then relinquishes his role as donor of the land in question, and finally confirms the original gift, reinstating Cospatric brother of Dolfin as donor; Earl Henry then provides his own confirmation of the original donation in terms of his father's confirmation.

Previous commentators have seen King David's two charters of 1139 (Barrow, David I, nos 68 and 69) as confirmations of Earl Cospatric's original donation: they are no such thing. ¹² The most important point to be noticed is that it took the king eight years before he was prepared to 'grant' or confirm Earl Cospatric of Lothian's original donation of Edrom and Nisbet to Coldingham priory. In the meantime, he became the donor himself in order to guarantee the monks of Coldingham in their property.