The peerage of Scotland: containing an historical and genealogical account of the nobility of that kingdom, ... collected from the public records, and ancient chartularies of this nation, ... Illustrated with copper-plates. By Robert Douglas, Esq;.

HALYBURTON Lord HALYBURTON.

THIS is a local sirname, taken from the lands of Halyburton, in the shire of Berwick, where there are two places almost contiguous to one another, viz. Meikle and Little Halyburtons, which were at first called only Burtons or Burghtons; but a church or chapel being afterwards built at one of them, it was from thence called Holy or Halybur∣ton, and that name in process of time became common to both.

The first of this antient family we have found upon record, is,

I. TRUCTE or TRUITTE, a person of some rank and distinction,* 1.1 cotemporary with king David 1. who died anno 1153.

He was father of,

II. DAVID, who gave the church of his village of Halyburton to the abbacy of Kelso, about the year 1176,* 1.2 and is then designed son of Tructe, &c.

He is a frequent witness in the writs of the monastery of Kelso,* 1.3 in the reign of king Wil∣liam, who died anno 1214.

He had a son,

III. WALTER, designed son of David, son of Tructe, &c. He confirms his father's do∣nation to the monks of Kelso, of his church or chapel of Halyburton,* 1.4 then declared to be depending on the mother church of Green-law, which belonged to the said monastery.

He is the first of this family who assumed his sirname from his lands, under the designa∣tion of Walterus de Halyburton, and is witness to a charter, whereby Eustachius de Vescy, do∣minus de Sprouston, who married Margaret, a natural daughter of king William the Lyon, gave twenty shillings yearly out of his mill of Sprouston, in Roxburgh-shire, to the abbacy of Kelso,* 1.5 about the year 1207.

He had issue three sons.

1. Sir William, his heir.

2. Adam de Halyburton, who is witness to a charter of Matilda countess of Angus, con∣firming several donations made by her ances∣tors to the abbacy of Arbroath,* 1.6 about the year 1242.

3. Sir Henry Halyburton, knight, who con∣firms several donations granted out of the te∣nement of Molla, now Mow, in Roxburgh∣shire,* 1.7 to the abbacy of Kelso, by his charter dated anno 1270.

He was succeeded by his eldest son,

IV. Sir WILLIAM HALYBURTON, knight, who married Christian, daughter, and at length sole heiress of Richard Fachnes of Fachnes, now Fawnes,* 1.8 in the shire of Berwick.

He left issue a son and successor,

V. PHILIP de HALYBURTON, who con∣firmed the donations made by his grandfather Richard de Fawnys, and his uncle Adam Faw∣nys, to the abbay of Kelso, of certain lands in Meloestane, now Mellerstane, in the shire of Berwick. In this charter he is designed son and heir of sir William Halyburton,* 1.9 by Christian his wife, &c.

He also confirms the grants made by his great grandfather, David the son of Tructe, and his grandfather Walter, the son of David, to the monastery of Kelso,* 1.10 of his chapel of Haly∣burton, dated in 1261.

This Philip died before the year 1296; for Alicia his widow obtained from king Ed∣ward I. of England, a precept directed to the sheriffs of Edinburgh and Berwick, to repone her to the possession of her jointure-lands in these two counties,* 1.11 anno 1296.

By the said Alicia he had issue one son,

VI. Sir HENRY HALYBURTON, who we

find swearing allegiance to king Edward I.* 1.12 for his lands in Berwick-shire, anno 1296.

He afterwards became one of the sureties to king Edward II. for the liberation of Wil∣liam Lamberton bishop of St. Andrews, then a prisoner in Windsor castle,* 1.13 23d May 1308.

We find him always designed sir Henry Halyburton, particularly in the original writs of Melross,* 1.14 in the reign of king Robert Bruce.

He was succeeded by his son,

VII. Sir ADAM HALYBURTON, who was one of the sureties in a contract of marriage, whereby John, son and heir of sir Malcolm of Innerpeffer, should marry Margaret, daughter of William Sinclair,* 1.15 &c. dated anno 1321.

He left issue three sons.

1. Sir Walter, his successor.

2. Sir John, first of the family of Dirle∣ton, of whom more hereafter.

3. Alexander.* 1.16—These sons were all taken prisoners at the battle of Durham, anno 1346.

VIII. Sir WALTER HALYBURTON, af∣ter he was taken prisoner as aforesaid, was first confined in the tower of London, and from thence carried to the castle of Wind∣sor, and had ten merks sterling allowed him by the king of England,* 1.17 to bear his charges on the journey, anno 1347.

In the year 1357, he obtained his liberty with his royal master, and the year thereafter got a safe conduct to go up to England,* 1.18 to negotiate some affairs of state, &c.

He was high sheriff of Berwick,* 1.19 anno 1364, and died about the year 1385, leaving issue a son and successor,

IX. Sir JOHN HALYBURTON of that ilk, who is witness in a charter of Margaret coun∣tess of Angus,* 1.20 wherein he is designed sir John Halyburton dominus ejusd. anno 1389.

He was taken prisoner at the second battle of Nisbet, anno 1402: he was afterwards ransomed,* 1.21 and returned to Scotland; but dy∣ing without issue, was succeeded by sir Wal∣ter of Dirleton, his cousin and heir-male, be∣ing grandson of his uncle sir John, to whom we now return.

VIII. Sir JOHN HALYBURTON, second son of sir Adam, was a brave warriour, and of∣ten fought valiantly against the English, in defence of the liberties of his country.

He at last lost his life at the first battle of Nisbet, anno 1355. A good author has these words: Cecidit ex parte Scotorum vir fortis∣simus et bellicosus, Johannes Halyburton, Angli∣cis semper infe••••us,* 1.22 &c.

He married—Vaus, daughter and co-heiress of William de Vallibus, or Vaus, lord of Dirleton, with whom he got a consi∣derable estate, and, in consequence of this marriage,* 1.23 he quartered the arms of the Vauses of Dirleton with his own. He had a son,

IX. Sir JOHN HALYBURTON of Dirleton, who succeeded him. He is witness in a char∣ter of Richard Edgar to Robert Edgar of Wedderly, dated anno 1378, confirmed anno 1384,* 1.24 wherein he is designed dominus Johan∣nes de Halyburton, dom. de Dirleton, miles, &c.

He married Margaret Cameron, whose sister Jean married sir Nichol Erskine of Kin∣noul, knight. They were daughters and co∣heiresses of sir John Cameron of Ballegarno, knight, whose great estates in Perth-shire and East-Lothian were divided 'twixt them;* 1.25 and sir John, on account of this marriage, quarter∣ed also the arms of Cameron with his own.

By the said Margaret Cameron, he had issue two sons, and one daughter.

1. Sir Walter, his heir, afterwards lord Halyburton.

2. George Halyburton of Gogar, who ob∣tained these lands from his elder brother, which were confirmed to him by a charter from Robert duke of Albany,* 1.26 dated in 1409.

His daughter, Jean, married to Henry Sin∣clair, first earl of Orkney.

He died about the year 1392, and was succeeded by his eldest son,

X. Sir WALTER HALYBURTON of Dirle∣ton, who succeeded also to his cousin sir John of that ilk, as before observed.

He was one of the hostages for king James I.'s ransom,* 1.27 anno 1424; but obtained liberty to return to Scotland, anno 1425.

He was appointed one of the ambassadors extraordinary to the court of England,* 1.28 and one of the wardens of the marches, in 1430.

He was constituted lord high treasurer of Scotland in the minority of king James II. from whom he got a charter,* 1.29 dilecto consan∣guineo et the saurario suo, &c. anno 1439.

He was created a peer in the year 1440 or 1441,* 1.30 and as such sat in parliament.

He married lady Isabel Stewart, daughter of Robert duke of Albany, and got a charter under the great seal from the said Robert,* 1.31 then governor of Scotland, wherein he is de∣signed his beloved son, to which Alexander, George, Fergus, and John Halyburtons are witnesses, anno 1407.

By the said lady Isabel he had issue four sons, and one daughter.

1. John, his successor.

2. Walter, who married Catharine, daugh∣ter and co-heiress of Alexander de Chisholm, and got with her the lands and barony of Pit∣cur in Angus, of whom more hereafter.

3. Robert. 4. William.—These two are mentioned in the extract of the service of sir Norman Lesly,* 1.32 as heir to his cousin sir David, in May 1439.

His daughter, Christian, was married to George Lesly, first earl of Rothes, and had issue.

XI. JOHN, second lord Halyburton, who appointed Alexander Home of that ilk sheriff depute of the shire of Berwick for life, which is confirmed to him by a charter under the great seal,* 1.33 dated 4th January 1447.

He married Janet, daughter of William master of Seton, first lord Seton, by whom he had two sons.

1. Patrick, his successor.

2. George, who succeeded his brother.

XII. PATRICK, third lord Halyburton, married Margaret, daughter of sir Patrick Hepburn lord of Hailes, and upon the re∣signation of his father John lord Halyburton, got a charter under the great seal, to him and Margaret Hepburn his spouse, of the lands of Dirleton,* 1.34 &c. &c. anno 1451.

But dying without issue, was succeeded by his brother,

XII. GEORGE, fourth lord Halyburton, who having impignorated to the king part of his lands of Bolton in East-Lothian for 1000 merks, he redeemed the same, upon which he got a charter under the great seal,* 1.35 in 1459.

This George is particularly mentioned in a charter,* 1.36 dated 7th July 1464, and is then designed son of Janet Seton lady Dirleton.

He had issue three sons.

1. Archibald, master of Halyburton.

2. Patrick, afterwards lord Halyburton.

3. Andrew Halyburton.

XIII. ARCHIBALD, master of Halyburton, eldest son and apparent heir of George fourth lord, got from his father the lordship of Ha∣lyburton confirmed to him by a charter un∣der the great seal,* 1.37 Archibaldo, filio et haeredi apparenti Georgii domini Halyburton, in 1474.

He is afterwards mentioned in another charter, together with Patrick and Andrew Halyburtons,* 1.38 his two brothers, and Helen Schaw his spouse, anno 1490.

He died before his father, and by the said Helen, a daughter of—Schaw of Sa••chie, he left issue a son,

XIV. JAMES, who succeeded his grand∣father, and was fifth lord Halyburton, but dying without issue, his estate and honours devolved upon his uncle,

XIII. PATRICK, before mentioned, who was second son of the fourth lord, and was sixth and last lord Halyburton.

He married, 1st, Margaret, daughter of James Douglas of Pompherston and Audeston, by whom he had three daughters.

1. Janet, married to William lord Ruth∣ven, whose grandson, William earl of Gowrie, added that of Halyburton to his other titles,* 1.39 as being descended of the eldest daughter.

2. Mariota, married to George lord Home.

3. Margaret, married to George Kerr of Faudenside, in the county of Roxburgh.

He married, 2dly, Christian Wavane, lady Segy, daughter of Thomas Wavane of Ste∣venson,* 1.40 in East-Lothian, by whom he had no children.

He dying without sons, anno 1506, in him ended the male-line of John second lord Halyburton; the representation therefore de∣volved upon the male-heir of Walter his immediate younger brother, before mention∣ed, to whom we now return.

XI. WALTER HALYBURTON, second son of Walter the first lord, married Catha∣rine, heiress of Pitcur, as before observed, and got a charter,* 1.41 under the great seal, of these lands, &c. anno 1432. Of this Walter, colonel James Halyburton, now of Pitcur, is descend∣ed in a direct male line, whose succession will be deduced in the II. vol. of this work; but he hath not hitherto claimed the peerage.

Notes

• * 1.1

  Chartulary of Kelso.
• * 1.2

  Ibid. p. 239.
• * 1.3

  Ibid. and Sir James Dal∣rymple's col∣lections.
• * 1.4

  Chartulary of Kelso, p. 239.
• * 1.5

  Ibid. p. 182.
• * 1.6

  Chartulary of Arbroath, p. 179.
• * 1.7

  Chartulary of Kel∣so, p. 149.
• * 1.8

  Ibid. p. 107.
• * 1.9

  Ibid. p. 107.
• * 1.10

  Ibid. p. 240, 241, &c.
• * 1.11

  Rymer, tom. II. p. 727.
• * 1.12

  Prynne, vol. III. p. 656.
• * 1.13

  Rymer, tom. III. p. 82.
• * 1.14

  Penes comi∣tem de Mor∣ton.
• * 1.15

  Autogr. penes MacFarlane.
• * 1.16

  Fordun, vol. II.
• * 1.17

  Rymer, tom. V. p. 534. & 554.
• * 1.18

  Ibid. tom. VI. p. 67. & 82.
• * 1.19

  Chartulary of Colding∣hame.
• * 1.20

  Remarks on Ragman's roll, p. 21.
• * 1.21

  Fordun, vol. II.
• * 1.22

  Ibid. p. 350.
• * 1.23

  Nisbet, &c.
• * 1.24

  Ibidem, vol. I. p. 102.
• * 1.25

  Writs of the family of Winton.
• * 1.26

  Chart. in pub. archiv.
• * 1.27

  Rymer, tom. X. p. 308. and 345.
• * 1.28

  Ibid. p. 446. and 491.
• * 1.29

  Chart. in pub. archiv.
• * 1.30

  Records of parliament.
• * 1.31

  Chart. in pub. archiv.
• * 1.32

  Penes com. de Rothes.
• * 1.33

  Chart. in pub. archiv.
• * 1.34

  Ibidem.
• * 1.35

  Ibidem.
• * 1.36

  Writs of the family of Congalton.
• * 1.37

  Chart. in pub. archiv.
• * 1.38

  Ibidem.
• * 1.39

  Ibidem, ad annum 1481.
• * 1.40

  Ibid. ad ann. 1505.
• * 1.41

  Charta penes Jacobum Ha∣lyburton de Pitcur.