Appendix II: The Upsettlington dates

One of the major problems in presenting a view of history which may run counter to the received wisdom or represents a version of an as yet unknown aspect of history is the problem of dates. Medieval Scottish history is bedevilled by the lack of firm dating evidence.

This problem of dates and the lack of dateable evidence are twofold, firstly there is a dearth of surviving documentation from the medieval period and secondly where previous commentators have used or given dates these are not always verifiable from source material. On occasions where source material is available one can find either a transcription error which has been perpetrated for centuries or a given date which we now know cannot possibly be correct by comparing it to other known dates relevant to the same period.

The dating of early events at Upsettlington has been a problem and the best way to set out how I have arrived at the dates I have is to give chapter and verse as a separate appendix.

In editing the second draft of this paper I realised that I had two dates for the Bissets arrival in Upsettlington as indicated by the Kelso charter setting out the donation by Robert Bisset of land for St Leonard’s Hospital, namely c1140 and c1240, a potential difference of four generations. Which was correct and what affect would a later date if proven have on my proposition that c1140 was the first recorded date of the Bissets arrival in Scotland?

Dealing with the last point first, it would clearly at first glance seriously upset this proposition as by 1240 Bissets were known and recorded to be established in other parts of Scotland. With a shortened dating of 100 years it would make it easier to place and account for numbers of Bissets known to be around in 1240. So obviously the crucial issue was to sort out which of the dates was the most likely and an argument to justify this.

My first reference to Upsettlington came from “The History of the priory of Beauly” 1877, by Edmund Batten. he notes (p,86) that a William Bisett appears with a Walter Bisset as witnesses to a grant by Robert Bisset, lord of Upsettlington, of the Hospital of St Leonard to the monastery of Kelso. (Reg de Kelso, p, 195.) He states that Robert is expressly called by Walter Bisset of Aboyne where Walter’s obligation to respect the rights of Kelso is stated as “Robert my cousin”.

However the Latin copy of this charter taken from and quoting page 195 of the Liber de Calchon does not support this statement, Walter is given as plain Walter Bysett, no Aboyne and no such wording as “Robert my cousin”. An extensive search has been made to see if more than one version of the charter exists but with no avail. Edmund Batten’s reference to the charter is correct but there is no evidence to support his statement concerning Aboyne or cousinship.

The name of Walter Bisset of Aboyne would have been well known to Batten and I think he fell once more into the trap of “assumption”. On seeing this name he assumed it was Walter of Aboyne so rightly in his view dated it as c1240 knowing that Walter was exiled in 1242 and having just stated in his book that in 1240 Walter was lord of Aboyne and Robert was lord of Upsettlington he placed them as cousins which was probably right but by no means first cousins, a case of wishful thinking; there were clearly several Walters over several generations to confuse the issue furth er..

This is not the first time that Edmund Batten’s hypothesis has been found wanting. It was he who first set the scene for the now incorrect assumption that the Grants were Anglo-Norman and first came to Scotland with Walter Bisset on his return from exile in England. A story that has been endlessly repeated by writers for over 100 years, see The Anglo-Norman origin Revisited on this CD by the author.

The charter (see below) is made with the willing agreement of “my wife Christina” Batten’s view is that this consent implies that Upsettlington was her property by dower and this is a fair point. But it could also be read as all of Upsettlington came as dower to the Bissets therefore seen as supporting the 1140 date or equally that only this particular patch of land came via her and could be used to support the 1240 date. Or it could be that the gift was in remembrance and for the souls of both their parents, we shall probably never know.

The next mention I found of Upsettlington was in Churches and Graveyard of Berwickshire, 1995 by Dr Binnie who states that Robert Bisset, lord of Upsettlington founded St Leonard’s Hospital of Horndean in about 1140, in the reign of King David 1 (1124-1153) [St Leonard being the patron saint of prisoners] Bisset granted the Hospital to the monks at Kelso and with it some 16 acres of land, some fishing rights in the Tweed and a park in the settlement of Upsettlington. He goes on to indicate a possible site of St Leonard’s and give a map ref of NT94 907/494.

Dr Binnie has confirmed to me in correspondence those sources which he can remember, it now being several years since publication. One source which he did use was from an article by the Rev Dobie the minister at Ladykirk from 1859. In 1891 Dobie wrote in “The History of the Berwickshire Naturalist Cub” that “Robert Byset obtained the manor of Upsettlington; and in the reign of king David 1st (1124-1153) for the maintenance of a Chaplain and two poor men, founded and endowed an hospital at Horndene, which was dedicated to St Leonard. …….The charter of conveyance of this hospital to the monks of Kelso was witnessed by William and Walter Bisset of Upsettlington. He also mentions a summery of possessions held by Kelso Abbey giving details of the extent of this gift, this summery appears to be now missing.

Dobie’s article was written 14 years after “The History of the priory of Beauly” As the minister Dobie would have been a classical scholar and been able read and write Latin without trouble and as the minister for Ladykirk (by now incorporating Upsettlington) and a member of the Berwickshire Naturalists Club he took an obvious interest in the local history, fauna and flora. He was an educated man with the time and interest to access those sources available in the pursuit of his hobby. He was the man on the ground who should in theory at least have known what was going on, he had no axe to grind as to the Bissets arrival all he did was to record his findings, unfortunately he failed to note sufficient sources to confirm his statements.

The question has to be asked as to how likely it was for Robert Bisset or his forebears to have been given Upsettlington by David 1st. I have discussed the background to the Flemish dimension above (Ibid p.37, 40-43) and for these reasons I feel it was more than probable. The most likely scenario being that the Bissets through the Aumale/Flemish connection were recommended or introduced to the crown. If Christiana Bisset the wife of Robert mentioned in the charter was bringing Upsettlington to the marriage as dower then this would suppose that she was the heiress of the previous holder and by arranging this marriage David ensured that as far as possible the previous local status was preserved but at the same time putting on the ground his own man conforming to his own ideals.

When I first drafted this paragraph some time ago it seemed a logical explanation, now new and incomplete data make it tantalisingly close. Durham Cathedral Library holds not only the Seal of Baldred Bisset (see Appendix VI) a fact that I was aware of but also Seals for a Constantine of Coldingham and for Christiana of Coldingham, styled as late wife of Constantine of Coldingham. Unfortunately extensive searches and research has so far failed to find any historical reference or more importantly dates for these two who apart from their Seals appear to be lost to recorded history. Durham holds over 1000 charters and documents relating to Coldingham priory and I do not have the time or resources to pursue this further at the moment.

Coldingham is a large parish on the north east coast of Berwickshire. In 1098 Edgar king of Scotland issued the church at Coldingham with its founding charter and by 1150 it had become a Priory.

1098 was the year in which Edgar with the help of William Rufus of England drove out his uncle Donald and took the throne of Scotland which was rightfully his. Edgar had had a dream in which St Cuthbert told him to take Cuthbert’s banner from Durham Cathedral and to carry it into battle at the head of his army, held aloft on a spear. As a result of Edgar’s victory the shire of Coldingham was given by him to the Benedictine monks of St Cuthbert at Durham.

At its height Coldingham controlled an eighth of Berwickshire and was in the unusual position of being in Scotland but subordinate to the English priory of Durham where it remained until 1509AD when it was annexed to Dunfermline.

The fact that no record of Constantine and Christiana have yet come to light indicates to me that they appear early rather than late in the Coldingham history. Clearly Constantine controlled property and was a person of some substance, hence the need for a seal. His widow appears to have been left as his heiress and continued to administer her inheritance again the need for a seal. The inheritance may even have been hers before marriage and came to Constantine as dower.

So at least in theory she could have been matched to Robert Bisset quite possibly at the instigation of King David who we know held court at Coldingham in 1147 and may well have done so before this date.

Such a linkage would fit very comfortably with the general scenario which we have and would account for the Bisset holding and the subsequent rise of this branch of the family. We have no idea as to what Christiana’s estate comprised of but Coldingham is only approx 17 miles by road (37 minutes by car) from Upsettlington - Ladykirk and it would not be unreasonable to suggest that if Robert as husband to Christiana the heiress the holding could well have comprised of a significant parts of east Berwickshire. The basis of being based at Upsettlington might have more to do with a strategic requirement from King David to act on his behalf at this important crossing point on the Tweed.

The route from England to Scotland up the east coast was the favourite choice for most English expeditions into Scotland; Flodden is very close to Upsettlington, and any potential crossing place on the Tweed needed protection. There is no way in which the Bissets could have held this crossing on their own and no evidence of any castle or fortifications that I am aware on the north side but there is the castle at Norham more or less opposite Ladykirk on the English side of the Tweed. A key role would have been in knowing who was coming north and who was going south and collecting and passing on news and gossip, invasions or incursions seldom happen without scouts, spies and the ground being looked at for the most favourable routes and supplies.

We have a prospective date of c1140 which would have been sixteen years into David’s reign and thirteen years before his death, this date sounds about right, if Upsettlington came via David it would probably have been early in his reign say c1130 and by c1140 the Bissets would have consolidated their position and felt confident to grant the charter. Kelso was founded in 1128 only two years into David’s reign and however avaricious they may have been it is unlikely that they would have been in any position to provide a Chaplain in the early years of their history.

Another small fact which reinforces this early date is that one of the witnesses listed in the charter is Andrew the parson at Upsettlington – while we do not have a complete list of parsons we do know that an Andrew was recorded as parson in 1159 and this again ties in with a c1140 date. To be fair there is a gap of 129 years between Andrew and the next incumbent and this could have included more than one Andrew.

We now need to look at the Kelso records and their date of c1240. The charters are held in Libra S. Marie de Calchou and these were edited by Cosmo Innes in the 1840’s and published in 1846. Innes also compiled a Tabula or list of contents which would have been put together as he was working through the charters in the 1840s.

Cosmo Innes (1798-1874) was an Advocate at the Scottish Bar and at one time, 1840 Sheriff of Moray. His life’s interest was medieval Scottish history and he edited and worked on several monastic cartularies apart from Kelso. He was a member of the Bannatyne, Spalding and Maitland Clubs all of whom published many papers on early Scottish history and was seen as a leading light in this his chosen field.

In volume one of the Libra…and in part of a fifty page preface he states, and I am indebted to Helen Darling, archivist at Scottish Boarders Region for sourcing this and other data in this quest :-

“the table of contents, prefixed for convenience to this volume, which is not in the original cartulary, is made up almost literally from the rubrics of the charters, divided according to the running titles of the leaves of the Register itself. It is necessary to explain that the dates (where not found in the original charters,) are supplied conjecturally. In many cases, where charters are complete with numerous witnesses, the date can be approximated with much likelihood; but where no witnesses are cited, it becomes much more difficult and more doubtful matter; the reader cannot be too earnestly warned against receiving for certain dates, assigned always on scanty data, and sometimes approximated on no better foundation than, after ascertaining the era of one member of a family, calculating those of the others, whether ascending or descending, by allowing the average length for time for each generation”

This statement is a very sensible escape clause by Innes, in a sense the small print which is so often not read. In essence what he is saying in simple terms is that this table of contents does not appear in the original cartulary – it places the charters in date sequence where dates are given. Where no date is given these have been arrived at by their proximity to other charters or a combination of events or circumstances or his best guess-estimate. Dates can also be approximated by having knowledge of the various witnesses named on the charter. Where none of these factors are found great care must be exercised in approximating dates.

I believe that Innes has in this instance ignored his own warning. As the charter is undated a date can only be arrived at either by a cross referencing with other sources or by the ability to recognise witnesses and by knowing when they lived to arrive at an approximated date for the charter.

In the case of the St Leonard’s charter we have failed to find any sources to cross reference so we are just left with the witnesses. Innes has recognised the name of Walter Bisset, a larger than life character and made the error of assuming that he was the Walter of Aboyne and that the William Bisset named was probably the William of Abertarff. Once this idea took hold then the date of the charter was relatively easy to arrive at as it had to be before the exile of 1242.

He makes no assumption about Christiana, Robert’s wife but as we have noted that Edmund Batten was as a member of the Grampian Club he must have known Innes believed that she may have brought the gifted land of St Leonard’s as dower, he is also quite emphatic that this Walter was the Walter of Aboyne, something which is not stated in the charter.

If we believe that Christiana had brought Upsettlington as dower at this date (c1240) this has to indicate that all the Bissets arrived at the same time, which is not the case. If Christiana did bring the estate as dower it must have been at a much earlier time than 1240 and it is more logical as I believe that Upsettlington was the starter-estate of the Scottish Bissets.

Batten states that in 1240 the family of Bisset possessed the following estates, Walter Bisset, Lord of Aboyne, (Sir) John Bisset his nephew, Lord of the Aird, nephew William Bisset Lord at Abertarff, his cousin Robert Lord of Upsettlington.

These statements are not in dispute but if one assumes that these named Bissets are the only ones of that name then one must conclude that the 1240 date is correct. But this assumption must be wrong; we know that like all the in-coming continental families the use of Christian names was very restricted, the same name can continue to run in individual families for many generations. Even if one was not fully aware of who they were all these Scottish Bissets had ancestors and go back to one common Scottish root. They must also have a common root with the English Bissets and that this must be in Normandy.

My proposition is that none of these named Bissets suddenly appeared on the Scottish scene, all in possession of large estates. They came from a common ancestor and a “starter-estate”. The only land holding that we know the Bissets held that fits that scenario is Upsettlington – from where second and more sons moved out from to make their name and fortune.

In bringing these two arguments together I find that the case for the later date of c1240 hangs very much on whether or not Walter Bisset was just plain Walter as shown in the charter or Walter of Aboyne as assumed by others. If the latter then the case for this date is very strong but the consequences of this would be to ignore Upsettlington as the start point of the Bisset’s permanent residence in Scotland and to assume by default that they originated in Scotland at a place or places as yet unknown. After extensive research into the Scottish arrival I have to say that this is unlikely.

The case for the earlier date of c1140 hinges on the yet un-sourced statement that Upsettlington came to the Bissets via David I and the charter itself naming Walter not by any title but plain Walter, and that Andrew the parson, another listed witness is recorded elsewhere as parson at or around this date (1159). Regardless of any dates I find it very persuasive that Upsettlington was the starting point of the permanent Scottish residence of the Bissets and have found nothing so far to persuade me otherwise.

I conclude that the most likely date for this charter from the facts known so far is c1140, with the likelihood that Robert Bisset (if he were the first at Upsettlington) arrived there c1130 and that this was the base from which subsequent sons set out from to make or break their fortunes.

Charter concerning the hospital of St Leonard of Upsettlington

To all those who will see or hear this writing, Robert Byseth, lord of Upsettlington, sends eternal greetings in the Lord. Know that I with the willing agreement of my wife Christiana, for the sake of divine piety, have given, granted and by this my charter confirmed to God and to the church of St Mary of Kelso and to the monks serving and in the future serving God there, in pure and perpetual alms, the hospital of St Leonard in my territory of Upsettlington next the Tweed, founded opposite Howerden, together with all its appurtenances and easements, and all other liberties whatsoever, both on water and in other places, on condition that beyond the bounds and limits of the said hospital lands, they shall have no common rights. However within their limits and boundaries, they shall build and fish and do whatever is to their advantage as seems most expedient to them. On condition indeed the Abbot of Kelso and all his successors shall maintain in perpetuity a certain chaplain in that place to celebrate divine service for the faithful and he will support two poor men in that place, which I and my heirs shall have caused to be established there; and if by any chance these poor men established there, although they shall be fit for work, will not wish to work, let them be corrected in this matter by the said Abbot and by me and my heirs.

In witness to which this document has been made as a chirograph, divided into two halves, to one of which remaining with the said Abbott and convent, I have appended my seal. To the other part, remaining with me, the seal of the Abbott and convent has been appended.

With these witnesses: Walter Byseth, Master Adam de Malkarviston, Lord William of Horwerden, Andrew, parson of Upsettlington, Master Robert de Paxton, Henry Belle, William Byseth, Robert de Corcegaue, Henry Tailor and many others.

Moreover I and my heirs will guarantee this gift in perpetuity and defend it against all men.

Appendix II: The Upsettlington dates