To all sons of holy Mother Church, as well present as future, Robert Avenel sends greeting. Let all people know that I, Robert Avenel, with my lord William king of the Scots approving, by the consent and agreement of my heir, Gervase, have granted and given, and by this my charter made firm, to God and to the church of St Mary at Melrose, and to the monks in that place serving God, my land of Eskdale, that is, Tomleuchar, and Watcarrick, in pure and free and everlasting alms, for the soul of my lord, King David, who gave the same land to me in return for my service, and for the soul of Earl Henry, and of King Malcolm, and for the soul of my lord William, king of the Scots, and of all their predecessors and successors, and for my own soul, and of Sibyl my wife, and for the souls of all my heirs and ancestors. This land, that is Tomleuchar and Watcarrick, I have given to the aforesaid monks and written in a charter, by these boundaries, namely, as the two Esks meet, so upwards by the Black Esk as far as the first stream that descends from Hartside; and from that stream, upwards through the middle ridge of the mountains, between them and Robert de Brus, as the waters descend towards the monks themselves; and so between the forest of Thimeus and themselves, by the middle ridge of the mountains, as they descend towards themselves; similarly between the land of Bordewich and the monks themselves, by the middle ridge of the mountains, as the waters descend towards them; and so as far as the land of Hawich, and thence across by the middle ridge of the mountains, that is, between myself and the aforesaid monks, as the waters descend towards them; this ridge extends from above Harewude, and so descends to where the two Esks meet. And this whole aforenamed land, possession, and whatever is contained within these aforewritten boundaries, in wood and plain, in meadows and pastures, in waters and marshes, and in all benefits and easements, I have granted and given, and made firm to the aforesaid monks, in pure and everlasting alms, as a perpetual holding to be held and possessed of me and my heirs, free and quit from all services, and from every secular exaction, as freely and quitely, fully and honourably, as any alms is able to be held and possessed. And if by chance anyone should wish to claim the aforesaid alms, I and my heirs shall answer all claimants, and sufficiently protect and warrant it for the aforesaid monks. This is also to be known: that I have retained for myself and my heirs only deer and hind, swine and roebuck, within the aforenamed boundaries, without harm and injury of crops, meadows, hedges, livestock, animals, and all the other possessions of the same monks; provided, however, that I and my heirs shall not have a forester within the described boundaries, nevertheless we shall have within the same boundaries robbers, and eyries of hawks and sparrow-hawks, and the guards to guard them, and trespassers; and it should be known that the aforesaid monks shall have and possess the whole aforesaid land, free and quit from me and my heirs, saving my aforesaid wild game, and the eyries of hawks and sparrow-hawks; and the monks shall make use of all this tenement according to their will and pleasure, just as it shall seem to them best and most useful to be of use to themselves, their brethren, their servants and livestock. With the exception that they shall not hunt there with packs of hounds and ropes, nor bring others there for hunting, nor set traps there, unless for catching wolves; and they shall not take the eyries of hawks and sparrow-hawks within these boundaries. It should be known in addition that the aforenamed monks were accustomed to render to me yearly five merks when I first gave them this land; but after some years, for the honour of God and for the salvation of my soul, I have remitted and given them the five merks in alms to provide for the light before the altar of Saint Mary, for ever; and by the advice of my friends, I have entirely remitted and given to God and the church of St Mary at Melrose, and to the monks serving God in that place, in pure and everlasting alms, and quitclaimed the four merks which for many years they were accustomed to render to me. Therefore this payment, and the whole aforewritten possession, being agreed and allowed by my heir, Gervase, I have given to God and the aforesaid monks, in free and pure and everlasting alms, quit and released from every service and secular exaction. And that this my alms be established and firm for ever and not able to be brought by any means to nought, I have renewed and made for the same monks this my charter in the time of my lord William, king of the Scots, and my lord William the king, at my petition and request, has confirmed this my donation and alms by his own charter, just as my lord, King Malcolm, previously granted it at my request, and confirmed by his own charter. These are the witnesses of my first donation and charter which I made for them in the time of King Malcolm: Richard, bishop of St Andrews; Ingram, bishop of Glasgow; Gregory, bishop of Dunkeld; Geoffrey, abbot of Dunfermline; John, abbot of Kelso; Aelred, abbot of Stirling; Nicholas the chancellor; Matthew the archdeacon; Waldef the earl; Duncan the earl; Ferteth the earl; Malcolm the earl; Richard de Morville; Walter son of Alan; David Oliphant; Robert de Quincey; Richard Comyn; Bernard son of Brian; Robert of Berkeley; Walter the clerk; Richard the clerk; Walter of Berkeley. But after that, in the time of my lord William the king, when this donation was renewed, and the aforesaid ferm was remitted in full, these are also the witnesses: Jocelin, bishop of Glasgow; Simon, archdeacon; Hugh Small, clerk of the king; William, steward of the bishop; Walter, clerk of the bishop; David the earl, brother of the king of the Scots; Alan, steward of the king of the Scots; Robert le Croc, my knight; Alan son of Hugh, the earl's steward; David, Herbert d'Arches; William de Aldri; Gervase de Eincurt, nephew of the lord Robert; Glay, nephew of the same.
