To all sons of Holy Mother Church, Gervase Avenel, son of Robert Avenel, sends greeting. Know me to have granted, and by this my charter to have made firm, to God and to the church of St Mary at Melrose, and to the monks in that place serving God, the donation of my father, to wit, the land of Eskdale, which my father donated to them as everlasting alms, and by his charter made firm, first by the agreement of the most pious King Malcolm, and afterwards by the noble King William, his brother; to wit, Tumloher and Weidkerroc, as free and pure and perpetual alms, for the soul of the glorious King David, who donated the same land to my father in return for his service, and for the soul of Earl Henry, and of the aforesaid King Malcolm, and for the soul of the aforesaid William, king of Scots, my lord, and of all their ancestors and successors, and for my own soul, and of my wife and all my successors. This land therefore, to wit, Thumloher and Weidkerroc, I granted to the aforesaid monks, and gave and made firm, and embodied in this my 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 themselves 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. This whole land and possession, just enumerated, and whatever is contained within these aforesaid boundaries, in wood and plain, in meadows and pastures, in waters and marshes, and in all usages and easements, I have granted and given and made firm to the aforesaid monks as pure and everlasting alms, to be held and possessed by everlasting right, free and quit from me and my heirs, and released from all services, and from every custom and secular exaction, just as freely and quietly, fully and honourably as any alms can be held and possessed. And if anyone should at any time wish to claim this aforesaid land, I and my heirs shall answer every claimant and sufficiently defend and warrant it for the aforesaid monks. This is also to be known: that I retain 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 five merks that my father at one time received from them as ferm, and which he and my mother quit claimed before their death, these I likewise have quitclaimed and given to them in alms, and remitted for ever, and this same I have made firm by the present charter. And that this alms may be established and firm for ever and not able to be brought by any means to nought, my lord William, king of Scots, at my entreaty and request, has conceded and given the same alms, and made it firm by his own charter. Witnesses: Jocelin, bishop of Glasgow; Symeon, bishop of Dunblane; Archibald, abbot of Dunfermline; Osbert, abbot of Kelso; Richard, abbot of Jedburgh; Simon, archdeacon; Guy, prior of Kelso; Richard, dean Hassendean; Master Roger of Newport; Master John of Roxburgh; Master Adam of Hirsel; William the steward; … the parson of Lilliesleaf; Walter, clerk; Hugh, clerk; Walter Olifard; Walter Corbet; William de la Haye; Gervase, nephew of Robert Avenel; Glay his nephew; Robert son of Robert Avenel; … of the king of Scots.
