Document 4/20/21 (Newb. Reg., no. 90)
- Description
- An agreement was made between Abbot Richard and the convent of Newbattle and John of Morham, son of John Malherbe, whereby the abbot and convent conceded to John that he may be able to build a mill-dam at the mill of Morham (ELO) above his land which is below the ‘Carneflem’ mountain, and use the water which goes from the marsh of ‘Ravenildistrother’ up to the said mountain of ‘Carneflem’. The abbot and convent willingly granted this; and John granted to them that the mill of Morham in the feu of Morham shall be built in such place, that all the water by which he will grind, at no cost and expense to them; and by another impediment, he may be able to travel across, up to his mill of Bearford (ELO). Similarly, he granted to them that as often as the mill of Morham does not grind freely, they may use that of ‘Ravenildistrother’ without any contradiction. He also conceded that if by armed hands or another means they wish to obstruct the waterway, the dam which is built above his land is to be broken and his water from the mill of Morham to be carried away. For greater security, he granted that if some wish to defend the dam from armies, by counsel of the parish priest, under whose jurisdiction they are placed, the same priest is permitted to strike the transgressors with a sentence of excommunication. It is added that if the dam is broken accidentally, they are permitted to repair the dam without contradiction and impediment, and to use the water as they are accustomed.
- Firm date
- 1214 X 1236
- Probable date
- 1214 × 27 Jul. 1216 or 1219 × 1236; prob. × circa 1223
- Dating Notes
- One of three Abbot Richards of Newbattle in this period.
- Source for Data Entry
- Newbattle Registrum, no. 90
- Trad. ID
- Newb. Reg., no. 90
- Calendar number
- 4/20/21
- Charter type
- Agreement
- Chirograph?
- yes
- Language
- Latin