Thomas de Morham

MORHAM

1. THOMAS-

m.c.1180 ELE de St. MARTIN, d. of Alexander St. Martin

The information on the Morham family is from the wonderful research done by Bruce & Barbara Morrison of Lexington, Kentucky which can be found at: http://community-2.webtv.net/NUbrubun55/MORHAMSOFSCOTLAND/

"The earlier ancestry of Thomas (Malherbe) de Morham remains unproven. Anglo-Norman Malherbes had arrived in Scotland at least one generation before that of Thomas. These would include William Malherbe of Kinnell in Angus; Hugh Malherbe in Craig, Angus; and Maud (Matilda) Malherbe who was the wife of Geoffrey de Melville of the Lothians. The above mentioned William Malherbe of Kinnell made a rare death bed grant to Arbroath Abbey circa 1190. This Arbroath charter of William Malherbe was not long after confirmed by his son Thomas Malherb. Considering the relative date period of these documents, it is possible that this Thomas Malherbe and Thomas de Morham could be one and the same individual. A John de Morham, cleric to Robert de London the illegitimate son of King William I, was witness to an Arbroath charter circa 1200. This John de Morham was very likely a younger brother of Thomas de Morham. In addition, both of Thomas de Morham's grand-sons, John and Adam de Morham, made unexplained grants to Arbroath Abbey in Angus. It remains a real possibility that Thomas (Malherbe) de Morham was the son of William Malherbe in Angus, but no definitive evidence or proof has been found.

Thomas de Morham is found as a witness in a Neubotle charter of Olyveri de Kylward concerning land near Bereford. A co-witness to the charter is Ernaldo, abbot of Melrose. His tenure as abbot was from 1179-1189, which fixes the date of this charter to the 1180's period. Thomas de Morham also witnesses a charter (1) of Peter de Graham who was granting Balnebutch in Dalkeith to the Abbey. This charter can also be dated to the 1180's time period. The only Neubotle charter created by Thomas de Morham himself is No. 87, in which he grants the water rights of the Mill of Bereford in Morham to the Abbey. Alexander de St. Martin, the father-in-law of Thomas de Morham, was one of the witnesses to the charter. After his death, this charter was confirmed by his son John Malherbe, Lord of Morham. Thomas de Morham's original charter concerning the Mill of Bereford is listed in the Papal Bull of Pope Innocent III (1198-1216). Of particular interest is the fact that he is named as Thomas Malherbe in Pope Innocent III's document. This is the only time that Thomas de Morham is discovered to have been addressed by his true surname of Malherbe.

The remaining two times that Thomas de Morham is mentioned in the Neubotle charters occur after his death. Ele de St. Martin, in a charter confirming an earlier charter of her father Alexander, asks for prayers for the soul of her husband Thomas de Morham. This charter of Ele de St. Martin was likely done circa 1210. The last mention is found when Sir Thomas de Morham, the great-grandson of Thomas de Morham, lists the Mill of Bereford charter No. 87 as that of his earliest Morham ancestor. (2).

Ele (Ela) de St. Martin was the wife of Thomas de Morham and the daughter of Alexander de St. Martin. She is known from two documents, the primary of which is her charter to the Neubotle Abbey circa 1210. This charter confirmed the the earlier one of her father granting Crumwelstrother in Duncanlaw to the Abbey. Key information from her charter includes the naming of her father Alexander de St. Martin, and her husband Thomas de Morham. Her son, John Malherbe, Lord of Morham, made a charter on the same day as was previously mentioned. One of the witnesses to the charter of Ele de St. Martin was her kinsman Randolph de St. Martin. Her charter was later confirmed by King Alexander II in August of 1222. As John Malherbe re-confirms the earlier St. Martin grants of Crumwelstrother in a later charter after Ele's death, and the fact that this was not mentioned in the Alexander II document, may indicate that Ele de St. Martin was still living as of 1222.(3)

Ele de St. Martin is only known to appear in one other charter. She is found as a witness to a charter (c. 1195?) concerning the monks of the Priory located on the Isle of May. Two other St. Martins are also witnesses to the charter, Gilbert de St. Martin of Baro and Randolph de St. Martin his son. Gilbert de St. Martin of Baro was her uncle, and Randolph, (who also witnessed her Neubotle charter), was her first cousin. As women do not commonly appear as witnesses, Ele de St. Martin would have been replacing her father as a witness. This would certainly imply that Alexander de St. Martin was deceased at the date of this charter and had no living sons. All evidence found in charters and land inheritance rights confirm that Ele was an heiress of her father Alexander de St. Martin. One sister, Ada de St. Martin, can be identified in a charter to Holyrood Abbey granting annual rent from the mill of Alstanesford (East Lothian). This charter was confirmed by King William I in 1213. Ada is stated as having been the daughter of Alexander de St. Martin, and would have been a younger sister of Ele de St. Martin."

Issue-

  • 2I. JOHN- b.c.1180-85, m.c.1210 ADA (m.2. by 1228 William Colville of Kinnaird, d.c. 1245), d.c.1226

    Ref:

    (1) Liber S. Marie de Neubotle- No. 7
    (2) Ibid- No. 100
    (3) Ibid- No. 102


    2I. JOHN (THOMAS 1)

    b.c.1180-85
    m.c.1210 ADA (m.2. by 1228 William Colville of Kinnaird, d.c.1245)
    d.c.1226

    "The primary source of information on the early Morhams was found in the charters of Neubotle Abbey. Known today as Newbattle Abbey, it was the major recipient of the Morham family charters in the 13th century. More than twelve of these charters contain invaluable genealogical evidence in compiling the Morham (Malherbe) pedigree which begins in the late 12th century. All of the information presented on John Malherbe, Lord of Morham, and his wife Ada, has been drawn from the Neubotle charters. The numbering of the Neubotle charters does not reflect the date order of the documents. The charters are grouped and numbered only by similarity of the locations mentioned.

    John Malherbe is the only member of the Morham family to have used the ancestral name of Malherbe on a consistent basis. Appearing in eight of the Neubotle charters, he was always referred to as John Malherbe, Lord of Morham. (One possible exception is a Lothian charter circa 1206 where he appears as a witness using the name John de Morham). His son Adam, as previously mentioned, only used the Malherbe surname in one charter. Thomas de Morham, father of John Malherbe, is also found to be addressed as Malherbe only on one occasion. John Malherbe, Lord of Morham, was likely born about 1180-1185. He would have married his wife Ada by 1210, as his two known sons, John de Morham and Adam de Morham, are certainly born in the period 1210 to 1220.

    The earliest Neubotle charter of John Malherbe is likely one concerning the Mill of Bereford (Bearford) near Morham. Probably about 1215, this charter is stated to have been done on the same day as a charter of his mother. In this charter Ele St. Martin confirms the Crumwelstrother grant of her father Alexander St. Martin.(1) Crumwelstrother was in Duncanlaw, a long time property of the St. Martins. In a later Neubotle charter, John Malherbe confirms the original hereditary grants of Crumwelstrother made by Ele St. Martin and her father Alexander. Duncanlaw passes into the permanent Morham family holdings during the generation of Ele St. Martin.

    The final charter of John Malherbe, Lord of Morham, is one in which he grants the rights of the meadow of Whitewellstrother to Neubotle Abbey. Stated to have been done during his enfeeblement, this charter gives a time frame as to his approximate date of death. His wife Ada seems to have married William Colville of Kinnaird as her second husband by 1228, which would make the death of John Malherbe and the date of his final charter circa 1226.

    The first Neubotle charter of Ada was made shortly after she had married William Colville as her second husband. In the charter, Ada with her stated son John de Morham jointly confirm earlier grants of the deceased John Malherbe. Ada gives her spouse as William Colville in the text of the charter. Ada's eldest son John de Morham would appear to be in his minority at the time of this grant circa 1228-1230.(2) John de Morham was making his own charters to Neubotle and Arbroath Abbeys by the mid-1230's. In two of the Neubotle charters he states that he was the son of John Malherbe and was married to the daughter of Malcolm Loccard. John de Morham, the eldest son of John Malherbe and Ada, died sans progeny by 1241. Adam de Morham, his younger brother, becomes his heir and the Lord of Morham after his death.

    The final charters of Ada occur in 1242/3 in which she is addressed as Ada de Colville. She has now become the widow of William de Colville and grants Kinnaird to Neubotle Abbey. A supplement to this charter was giving tenentcy of Kinnaird to the Loccard family of her former daughter-in-law. Adam de Morham confirms these grants in 1246, in which he states Ada was his mother. It is probable that Ada had died near the year 1245. Adam de Morham refers to his mother Ada as a high-born lady in the 1246 charter. She was likely born of one of the major Scottish families of the late 12th century, but no definitive evidence of her pedigree has been found to date. I might speculate that she could have been a Fraser considering the frequent appearance of Frasers as charter witnesses; but no real proof of her ancestry can be given."

    Issue-

  • I. John- m. d. of Malcolm Loccard, d.s.p. by 1241
  • 3II. ADAM-

    Ref:

    (1) Liber S. Marie de Neubotle- No. 102
    (2) Ibid- No. 99


    3II. ADAM (THOMAS 1, JOHN 2)

    b.c.1215-20
    m. MARIOTA

    "Sir Adam Morham was the father of Sir Thomas Morham, this fact being proven by the statement of Sir Thomas found in his Neubotle Abbey charter (1).

    Adam de Morham begins to be found in a number of charters by the mid 1240's, and was the Lord of Morham before 1246. The earliest of these is a charter to Arbroath Abbey, in which he confirmed an earlier grant of his elder brother John de Morham. The subject of both charters was a memorial made to the Church of Panbride in honor of the memory of King William the Lion. In his charter, Adam de Morham states that he is the brother and heir of John de Morham. His older brother had been married to a daughter of Malcolm Loccard, but appears to have died very young (circa 1240) and sans progeny. Though undated, this Arbroath charter of Adam de Morham must have been made between 1242 and 1244.(2)

    The next charter of Sir Adam Morham is found in the Liber S. Marie de Neubotle, in which he confirms the 1241 grant that his mother Ada de Colville had made of lands in Kinnaird to Neubotle Abbey. Adam's charter was confirmed by King Alexander II in 1246, and was probably written in 1245. In this charter, Adam de Morham was already being stated as the Lord of Morham. He refers to his mother Ada as a noble or high born lady, and that she was a widow at the time she made the original Kinnaird charter. Another Neubotle charter of Adam de Morham was also confirmed in 1246. In this charter, Adam gives rights of the Mill of Stenhouse (near Dunipace, Stirlingshire) as a gift to the Abbey. (Dowry is mentioned in this charter, and it seems likely that it was made near the time of Adam's marriage). In addition to his title of "Lord", other documents use the term "militis" in reference to Adam de Morham, confirming the fact that he had also been knighted.

    A final Neubotle charter done circa 1245-50 is of considerable interest. In this confirmaton charter, Adam de Morham is found for the only known time to use the Morham's ancestral family surname of Malherbe. He is styled as "Adam Malherbe, Lord of Morham" in this charter which concerns the land of Bereford as held by his ancestors. This charter has been erroneously dated as much earlier in a few sources. Proof that the Adam "Malherbe" of this charter is indeed Sir Adam de Morham is found in the Neubotle charter No. 100 of his son Thomas. Thomas Morham clearly indicates that this earlier charter, was done by his father Sir Adam de Morham. (3)

    Sir Adam de Morham appears in two Yester charters relating to Sir Hugh Giffard "the wizard". In the first of these he appears as a witness to a charter dated July 30, 1250. In a later second charter, Sir Adam de Morham grants lands to Hugh Giffard for the formation of his park beside Yester Castle. Morham lands adjoined the Yester estates, and the land granted in this charter to Hugh Giffard was for an annual fee of five pence!(4) Lord Adam de Morham is also found as a witness to a Coldingham Priory charter of Patrick, Earl of Dunbar, written cica 1250.

    May those present and to come know that I, Adam de Morham, have given, and oianted, and by this my present charter confirmed to Sir Hugh Giffard for the formation of his park all the side of my wood which is beside the Castle of Yester with the land and all contained therein without any retention as the formation of the said park is designed by the said Sir Hugh : namely from the ford of the burn called Yester as the Kilnunrodes descend bv that ford towards Duncanlaw and thus ascending northwards by the right side of the Kihiunrodes until opposite Berndene and thus going or crossing by Berndene and ascending through Berndene to the very top of the cultivated land of the Chapel of Duncanlaw and then between the said cultivated land and the wood to Welldene and thus crossing Welldene for a space descending and icrosshm ?) through the left side until it conies to the bottom of Welldene and then mounting to the very top of Maistercroftes between the cultivated land of Maistercroftes and the wood as far as the eastern summit and then ascending northwards beyond the wood to the cultivated land and then between the cultivated land and the wood to the ford of the burn of Yellowpath which is between my land and that of the Nuns of Haddington : Farther I give to the said Sir Hugh and his heirs three feet of land beyond the wall of his said park towards the north lying close beside the wall from the start of the wall in length to the end of the said wall to make a fosse of all or part of the said three feet of land to protect the wall of the said park from water coming from above ; provided that the said Sir Hugh and his heirs do not try to hold anything without the said wall by reason of this grant except the said three feet above-named : The foresaid tenement to be held and had to the said Sir Hugh Giffard and his heirs of me and my heirs freely, quietly, well, heritably, honourably, and peaceably in wood and plain, roads and paths, and all other things pertaining to the said tenement : Paying yearly therefor he and his heirs to me and my heirs five pence at Pentecost for all services, aids, suits of court, wards, reliefs, and all other secular and royal exactions ; and if it happen that the said payment be not made at the stated term, whereby arrears may be due, I the said Adam and my heirs shall distrain the goods of the foresaid Sir Hugh Giffard or his heirs in Nether Vester for the foresaid payment, but not the wall of his park nor anything else contained within it nor the fosse nor any part thereof nor waste land, if any there be, between the fosse and the wall, nor any land stretching from the start of the wall and fosse to the end nor anything contained or which can be contained in the future from the north side of the fosse to the wall of the said park nor anything else contained or possibly contained within the said tenement thus contained in my feof : And it is to be known that the said Sir Hugh and his heirs will render me and my heirs no homage for the said tenement nor take the oath of fealty : And I the foresaid Adam de Morham and my heirs shall warrand and defend and acqmt against all people all the said tenement with its pertinents as above-written, to the foresaid Sir Hugh Giffard and his heirs : In testimony whereof I have apiiended my seal to this present writ : Witnesses(4)

    In 1249, Adam de Morham was appointed one of twelve Scottish knights who met with twelve English knights forming a commission to swear to the observance of the law of the marches. On Feb. 4, 1257, Adam de Morham and Robert Stuteville, the dean of Dunkeld, are sent as envoys by King Alexander III of Scotland to his father-in-law King Henry III of England. The young King Alexander asks for credence for the bearers of the document which the two envoys are to deliver to King Henry III. The document pertained to the bitter dispute over the regency and guardianship of the King of Scotland.

    Sir Adam de Morham is found in three charters of Cambuskenneth Abbey. The subject of the charters was his granting of land within and without the town of Dunipace to the church of St. Mary of Cambuskenneth. The second charter was in the form of letters sent by Adam de Morham to the Abbey, which appointed John, the clerk of Sir Hugh Giffard, to be his procurator to deliver and covent the charter in his absence. The three Cambuskenneth charters have been badly mis-dated in some major sources as being circa 1200. A study of the charter witnesses gives absolute proof the true dates were between 1253 and 1269. In tracing the genealogy of the Morham family, getting the correct dating of charters has proven crucial in being able to place all the individuals into their proper generations. The Cambuskenneth charters provide evidence that Dunipace in Stirlingshire had come into the Morham family holdings during the generation of Adam de Morham and his elder brother John de Morham. (5)

    The only known child of Sir Adam de Morham is his son and heir Sir Thomas Morham. The family name of his wife has yet to be discovered, but some evidence found indicates that her christian name was Mariota. The evidence was discovered in a 1375 Yester writ pertaining to earlier Morham lands. The reference said one portion of Morham land in Duncanlaw was "anciently" called the deceased Sir Thomas Morham's land, and then further qualified in the description that he was the son of Mariota. The charter concerned lands inherited from Sir Thomas Morham the "elder", thus providing the clue that Mariota was likely the wife of Adam de Morham and the mother of Thomas. The death date of Sir Adam de Morham remains unknown.

    Adam de Morham's Letter to the Abbot of Cambuskenneth (1253-1269)

    OMNIBUS CHRISTI fidelibus hoc scriptum visuris vel audituris, Adam de Morham, miles, salutem in Domino: Noueri univuersitas vestra me constituisse Johannem Clericum domini Hugonis Giffard procuratorem meum ad instituendum et sasinandum plenarie dominum Richardum abbatem de Cambuskynneth, et conuentum eiusdem loci, quas Marinus Forestarius et Patricius Bercarius, et filius eiusdem Patricii et Willelmus de Rowe per rectas diuisas suas, et exteusas infa villam et extra de Dunypais tenuerunt, in puram et perpetuam elemosinam, et ad tradendum dictus abbati et conuentui, nomine meo, cartam meam eisdem super donatione mea de predictis terris confectam sicut prsonaliter interessem; gratum et ratum et firmum habens et semper habiturus quicquid predictus Johannes Clericus inde fecerit: In cuius rei testimonium presenti sigillum scripto meum apposui."

    Issue-

    4I. THOMAS-

    Ref:

    (1) Liber S. Marie de Neubotle- No. 100
    (2) Arbroath Abbey Chartulary- No. 25
    (3) Liber S. Marie de Neubotle- No. 89
    (4) Calendar of Writs preserved at Yester House 1166-1503- Charles C. Harvey, Ed., Scottish Record Society, Edinburgh, 1916- No. 15, 16
    (5) Registrum S. Marie Cambuskenneth- No. 81, 82, 83


    4I. THOMAS (THOMAS 1, JOHN 2, ADAM 3)

    "Sir Thomas Morham was born about 1245 in the Barony of Morham in East Lothian. Thomas Morham in his own words states that he was the son and heir of Sir Adam de Morham, Lord of Morham. The earliest historical evidence of Sir Thomas Morham is found in his charter to Neubotle Abbey made circa 1280. In this document, Lord Thomas Morham confirms in chronological order all the earlier charters of his ancestors to Neubotle Abbey, thus providing invaluable genealogical evidence of his direct relationship to earlier Morham generations.(1) The next documented evidence of Sir Thomas Morham occurs when he witnessed a 1293 Neubotle charter of William Gurlay which pertained to Dunipace. Other witnesses included Sir Andrew Fraser and Sir Patrick Graham.

    By 1296, Sir Thomas Morham had taken up the cause of Scottish independence and had been deemed the "enemy" of King Edward I of England. In July of 1296, Sir Thomas Morham was captured by the English forces in Scotland. He was brought to Aberdeen by Hugh St. John and delivered to King Edward I, who was in residence at Aberdeen from July 14-19, 1296. Held at Berwick for a short period, Sir Thomas Morham was delivered to the Tower of London by a mandate of Edward, Prince of Wales, on October 12, 1296. He would remain a prisoner in the Tower for the next 17 years. Mentions of Sir Thomas Morham being a prisoner in the Tower are found to occur in 1297, 1304, and 1313. On Nov. 13, 1314, King Edward II of England ordered the Constable of the Tower to deliver Thomas Morham of Scotland to be exchanged for John de Segrave, lately taken prisoner by the Scots.

    The Tower of London

    After his release and return to Scotland, Sir Thomas Morham (designated senior) resigns the barony of Kimmerghame to Sir Alexander Stewart in a confirmation charter of Robert the Bruce in 1316. In this charter, Bruce refers to Sir Thomas Morham as "our great man". Sir Thomas Morham is next found at the signing of the famous Declaration of Arbroath in 1320. His seal as a Scottish noble is one of those found attached to the document. The Declaration was drawn up at Arbroath and sent to Pope John XXII to approve and recognize the independence of Scotland. The Declaration of Arbroath remains today as the most revered document in Scottish history:

    To the most Holy Father and Lord in Christ, the Lord John, by divine providence Supreme Pontiff of the Holy Roman and Universal Church, his humble and devout sons Duncan, Earl of Fife, Thomas Randolph, Earl of Moray, Lord of Man and of Annandale, Patrick Dunbar, Earl of March, Malise, Earl of Strathearn, Malcolm, Earl of Lennox, William, Earl of Ross, Magnus, Earl of Caithness and Orkney, and William, Earl of Sutherland; Walter, Steward of Scotland, William Soules, Butler of Scotland, James, Lord of Douglas, Roger Mowbray, David, Lord of Brechin, David Graham, Ingram Umfraville, John Menteith, guardian of the earldom of Menteith, Alexander Fraser, Gilbert Hay, Constable of Scotland, Robert Keith, Marischal of Scotland, Henry St Clair, John Graham, David Lindsay, William Oliphant, Patrick Graham, John Fenton, William Abernethy, David Wemyss, William Mushet, Fergus of Ardrossan, Eustace Maxwell, William Ramsay, William Mowat, Alan Murray, Donald Campbell, John Cameron, Reginald Cheyne, Alexander Seton, Andrew Leslie, and Alexander Straiton, and the other barons and freeholders and the whole community of the realm of Scotland send all manner of filial reverence, with devout kisses of his blessed feet.

    Most Holy Father and Lord, we know and from the chronicles and books of the ancients we find that among other famous nations our own, the Scots, has been graced with widespread renown. They journeyed from Greater Scythia by way of the Tyrrhenian Sea and the Pillars of Hercules, and dwelt for a long course of time in Spain among the most savage tribes, but nowhere could they be subdued by any race, however barbarous. Thence they came, twelve hundred years after the people of Israel crossed the Red Sea, to their home in the west where they still live today. The Britons they first drove out, the Picts they utterly destroyed, and, even though very often assailed by the Norwegians, the Danes and the English, they took possession of that home with many victories and untold efforts; and, as the historians of old time bear witness, they have held it free of all bondage ever since. In their kingdom there have reigned one hundred and thirteen kings of their own royal stock, the line unbroken a single foreigner.

    The high qualities and deserts of these people, were they not otherwise manifest, gain glory enough from this: that the King of kings and Lord of lords, our Lord Jesus Christ, after His Passion and Resurrection, called them, even though settled in the uttermost parts of the earth, almost the first to His most holy faith. Nor would He have them confirmed in that faith by merely anyone but by the first of His Apostles -- by calling, though second or third in rank -- the most gentle Saint Andrew, the Blessed Peter's brother, and desired him to keep them under his protection as their patron forever.

    The Most Holy Fathers your predecessors gave careful heed to these things and bestowed many favours and numerous privileges on this same kingdom and people, as being the special charge of the Blessed Peter's brother. Thus our nation under their protection did indeed live in freedom and peace up to the time when that mighty prince the King of the English, Edward, the father of the one who reigns today, when our kingdom had no head and our people harboured no malice or treachery and were then unused to wars or invasions, came in the guise of a friend and ally to harass them as an enemy. The deeds of cruelty, massacre, violence, pillage, arson, imprisoning prelates, burning down monasteries, robbing and killing monks and nuns, and yet other outrages without number which he committed against our people, sparing neither age nor sex, religion nor rank, no one could describe nor fully imagine unless he had seen them with his own eyes.

    But from these countless evils we have been set free, by the help of Him Who though He afflicts yet heals and restores, by our most tireless Prince, King and Lord, the Lord Robert. He, that his people and his heritage might be delivered out of the hands of our enemies, met toil and fatigue, hunger and peril, like another Macabaeus or Joshua and bore them cheerfully. Him, too, divine providence, his right of succession according to or laws and customs which we shall maintain to the death, and the due consent and assent of us all have made our Prince and King. To him, as to the man by whom salvation has been wrought unto our people, we are bound both by law and by his merits that our freedom may be still maintained, and by him, come what may, we mean to stand.

    Yet if he should give up what he has begun, and agree to make us or our kingdom subject to the King of England or the English, we should exert ourselves at once to drive him out as our enemy and a subverter of his own rights and ours, and make some other man who was well able to defend us our King; for, as long as but a hundred of us remain alive, never will we on any conditions be brought under English rule. It is in truth not for glory, nor riches, nor honours that we are fighting, but for freedom -- for that alone, which no honest man gives up but with life itself.

    Therefore it is, Reverend Father and Lord, that we beseech your Holiness with our most earnest prayers and suppliant hearts, inasmuch as you will in your sincerity and goodness consider all this, that, since with Him Whose vice-regent on earth you are there is neither weighing nor distinction of Jew and Greek, Scotsman or Englishman, you will look with the eyes of a father on the troubles and privation brought by the English upon us and upon the Church of God. May it please you to admonish and exhort the King of the English, who ought to be satisfied with what belongs to him since England used once to be enough for seven kings or more, to leave us Scots in peace, who live in this poor little Scotland, beyond which there is no dwelling-place at all, and covet nothing but our own. We are sincerely willing to do anything for him, having regard to our condition, that we can, to win peace for ourselves.

    This truly concerns you, Holy Father, since you see the savagery of the heathen raging against the Christians, as the sins of Christians have indeed deserved, and the frontiers of Christendom being pressed inward every day; and how much it will tarnish your Holiness's memory if (which God forbid) the Church suffers eclipse or scandal in any branch of it during your time, you must perceive. Then rouse the Christian princes who for false reasons pretend that they cannot go to help of the Holy Land because of wars they have on hand with their neighbours. The real reason that prevents them is that in making war on their smaller neighbours they find quicker profit and weaker resistance. But how cheerfully our Lord the King and we too would go there if the King of the English would leave us in peace, He from Whom nothing is hidden well knows; and we profess and declare it to you as the Vicar of Christ and to all Christendom.

    But if your Holiness puts too much faith in the tales the English tell and will not give sincere belief to all this, nor refrain from favouring them to our prejudice, then the slaughter of bodies, the perdition of souls, and all the other misfortunes that will follow, inflicted by them on us and by us on them, will, we believe, be surely laid by the Most High to your charge.

    To conclude, we are and shall ever be, as far as duty calls us, ready to do your will in all things, as obedient sons to you as His Vicar; and to Him as the Supreme King and Judge we commit the maintenance of our cause, csating our cares upon Him and firmly trusting that He will inspire us with courage and bring our enemies to nought.

    May the Most High preserve you to his Holy Church in holiness and health and grant you length of days.

    Given at the monastery of Arbroath in Scotland on the sixth day of the month of April in the year of grace thirteen hundred and twenty and the fifteenth year of the reign of our King aforesaid.

    Endorsed: Letter directed to our Lord the Supreme Pontiff by the community of Scotland.

    Additional names written on some of the seal tags: Alexander Lamberton, Edward Keith, John Inchmartin, Thomas Menzies, John Durrant, Thomas Morham (and one illegible). Only 19 of the original 46 seal tags remain.

    The Declaration of Arbroath

    The latest date when the aged Sir Thomas Morham was still found to be living occurred in the May 18, 1322 charter, in which he granted the Baronies of Morham and Duncanlaw to Sir John Giffard and Euphemia Morham.

    Below is Neubotle Abbey charter No. 100, in which Sir Thomas Morham confirms all the grants of his earlier direct ancestors back to his great-great grandfather Alexander St. Martin in the 12th century:"

    Neubotle Charter

    Issue-

  • 5I. THOMAS-
  • II. Herbert- Ref:

    (1) Liber S Marie de Neubotle- No. 100


    5I. THOMAS (THOMAS 1, JOHN 2, ADAM 3, THOMAS 4)

    "Both of the sons of Thomas Morham Sr. had certainly come of age by 1296, thus placing their birth years in the 1270 period. Sir Herbert Morham has been considered the older of the two, but some evidence in the state papers suggests that Sir Thomas may have been the elder brother. Considerable documentation of Sir Herbert Morham is found between 1296 and his beheading at the Tower of London in 1306. His brother, Sir Thomas Morham "the younger", may also be found in a number of the state papers between 1296 and 1317. Like many of the Scottish families during the wars of independence, the Morhams had divided loyalties between the English and Scots. Sir Thomas Morham the father was a noted patriot of the Scottish cause, and indeed was a prisoner of the English for 17 years. Sir Herbert Morham began as an adherent to the Scots, changed to the English side for a brief period, and then returned to the Scottish cause as a leading patriot. His brother, Sir Thomas Morham "the younger", always remained a knight in the service and retinue of the English Kings from 1296 to 1317.

    The young Thomas Morham is first found in the Ragman Rolls of 1296 where he signs the oath of loyalty to King Edward I. He is listed as of the county of Stirlingshire which contained the Morham lands of Dunipace. He next is noted as being at the battle of Falkirk in 1298, fighting with the English army of King Edward I which defeated William Wallace and the Scots. He is knighted by King Edward about this time, and receives 24 Marks compensation from King Edward for a black horse killed during the Falkirk battle. In 1299 Herbert Morham kidnaps the widow Johanna de Clare, Countess of Fife, and wishing to force her to marry him, brings her to the house of his brother Thomas Morham in Gertranky. Gertranky was near Denny and Dunipace in Stirlingshire. In Feb. of 1300 he was listed as Sir Thomas Morham, and a member of the English garrison which held Edinburgh Castle. The next mention of Sir Thomas Morham "the younger" occurs in Feb. of 1304, where he remained in the forces of King Edward I in the Edinburgh area. An interesting description of his seal is given in the state papers of Edward I for a 1300 receipt of four quarts of oats drawn from the King's stores at Berwick. "On a fesse 3 cinquefoils, in chief a lion passant." This would be the standard Morham family arms, but with the further addition of the lion passant in chief. After 1304, only two mentions of the younger Sir Thomas Morham can be found. The first of these was a grant of Bolton in Allerdale from King Edward II of England in Oct. of 1314. Bolton is in the border county of Cumberland, England. (The land had been resigned by the Scotsman Roger Moubray). The final mention of Thomas seems to occur in 1317, when he is with King Edward II in Nottingham and witnesses one of the King's charters. The term used in his father's title in the 1322 charter, "patri", strongly implies the recent death of his son, Sir Thomas Morham "the younger", prior to 1322.

    Sir Herbert Morham, the other son of Thomas Morham Sr., led a short and turbulent life during the period 1296-1306. A chronology of events in his life can be found in the state papers of King Edward I. He is first noted as one of the many Scots taken prisoner by the English at Dunbar Castle in May of 1296. He was held captive at Nottingham Castle in England until released by King Edward in Aug. of 1297. In his Nottingham prison allowance he was named as "Herbert Morham, Esquire". Upon his release he gave his loyalty to Edward I, and served with the forces of the English King for two years. Herbert Morham was knighted by King Edward I in 1298. This was about the same time that his brother Thomas had also been knighted by Edward.

    The year 1299 became a pivotal point in the life of Sir Herbert Morham. During 1299 Herbert was in the English garrison which held Edinburgh Castle, and is listed on King Edward's castle returns as serving along with his brother Thomas. Both Herbert and Thomas are listed among the seven knights in the garrison of 347 men. Sir Herbert Morham had 2 esquires, 3 chargers, 4 hackneys, and 7 grooms in his personal inventory. In the spring of 1299, Sir Herbert Morham way-laid the party of Johanna de Clare, the widowed Countess of Fife. The attack occurred between Edinburgh and Stirling, and Sir Herbert took her by force to the house of his brother Thomas. She was then held prisoner in an aborted attempt to get her to marry him. He also seized her jewels, horses, robes, and goods worth 2000 pounds. As Johanna de Clare was traveling from Scotland to England under the express protection of King Edward I, and had made an oath not to marry without the King's license, the outraged King commanded a jury to decide if the charges were true and that Herbert be brought to trial. Sir Herbert Morham then quickly left the Edinburgh garrison and switched to the Scottish cause joining Robert the Bruce. Herbert Morham would then play a notable role in Bruce's siege and capture of Stirling Castle from the English later in 1299. Johanna de Clare was released, but Herbert appears to have kept the jewels and plunder as noted in a document of Nov. 1, 1299.

    Sir Herbert Morham now fought with distinction in the Scottish armies, rising to command level by 1301. He is listed as a co-commander of the Scottish force at Strathaven during King Edward's assault against Bothwell Castle. The other two commanders listed were his close friend Sir Simon Fraser, and Sir Alexander Abernethy. At some time late in 1303 Herbert Morham was captured by the English. In a document of March 5, 1304, he was being listed as a prisoner in the Tower of London along with his father Sir Thomas Morham. The next year (1305) would see the grisly execution of the Scottish patriot William Wallace in London. On Sept. 7, 1306, more executions of Scottish prisoners would be carried out at the Tower of London. The first prisoner executed that day was Sir Simon Fraser who was hung, drawn, and quartered. Sir Christopher Seton then was beheaded. The final executions of Sept. 7, 1306 saw the beheadings of Sir Herbert Morham and his esquire Thomas le Boy. Herbert's father, Sir Thomas Morham, would remain a prisoner in the Tower for another eight years.

    In summary, the father of Euphemia Morham is very likely one of the two brothers discussed above. Later evidence found in charters also implies a de Ley family member connection with this generation, perhaps as a wife during this time period. No conclusive evidence can be found as to which brother may be the father of Euphemia, but given the time frame of her likely birth period being circa 1300, Sir Thomas Morham "the younger" would appear to be the more logical choice. Evidence strongly suggests that Thomas the younger died after 1317, and shortly before the 1322 charter in which Euphemia now becomes the heiress of her grandfather Sir Thomas Morham "the elder". Herbert Morham remains a possibility, but the fact that he is unmarried as of 1299, and then a prisoner by 1303, the window of opportunity of his having a child in this time frame would seem too limited.

    Euphemia becomes the heiress of the direct line of the Morhams in the May 18, 1322 charter of the noted Scottish patriot Sir Thomas Morham. This complex charter was confirmed by King Robert the Bruce. In the charter Sir Thomas Morham grants John Giffard, knight, and his spouse Euphemia all of his major hereditary holdings in Morham and Duncanlaw. (Both in East Lothian close to Yester). Dunipace in Stirlingshire was granted to the Giffards by Sir Thomas Randolph, Earl of Moray, in the same charter. Dunipace had also been part of the hereditary Morham holdings. Both Sir Thomas Morham, the elder, and Sir Thomas Randolph had signed the Treaty of Arbroath in 1320. It has been generally accepted that the aged Sir Thomas Morham making this charter was Euphemia's father, but new evidence will be shown that the Sir Thomas Morham in the 1322 charter must have in fact been her grand-father.

    Sir Thomas Morham was well over 70 years of age at the time of the 1322 charter. He was always referred to as the "elder" or the "father" due to his younger son also being a Sir Thomas Morham. Both his known sons, Sir Hebert Morham and Sir Thomas Morham, can be proven to be adults before 1296 and to be knighted by King Edward I prior to 1301. Sir Thomas Morham the elder was the son and heir of Sir Adam Morham who had become the Lord of Morham by 1245. Considering these known dates, Sir Thomas Morham the elder must have been born by 1250 or earlier. In addition, Sir Thomas Morham the elder was captured by King Edward I in 1296 and then imprisoned in the Tower of London for the next 17 years. This date span would include all the likely birth years of Euphemia Morham. In the 1322 charter Sir Thomas Morham never refers to Euphemia as being his daughter, and his title at the beginning, "Sir Thomas Morham the father", is one that had been previously used to differentiate him from his son Sir Thomas Morham. The title must have been used in this context, and not as a reference to his relationship with Euphemia Morham. In addtion, the clauses of reversion set by Sir Thomas Morham in the charter do not seem to be ones that would normally apply to an only daughter and sole heiress. One of note is that unless John Giffard and his wife Euphemia produce a future heir of their bodies, the Morham inheritance would revert to other heirs of Sir Thomas Morham."

    Issue-

  • 6I. EUPHEMIA- m. JOHN GIFFARD

    Ref:

    The Morhams of Scotland- Bruce & Barbara Morrison, Lexington, Kentucky at: http://community-2.webtv.net/NUbrubun55/MORHAMSOFSCOTLAND/


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