James Heriot of Trabroun

JAMES HERIOT OF TRABROUN

James Heriot of Trabroun is the grandson of Andrew Heriot of Trabroun, although he is occasionally identified as his nephew. As the nephew he was served as Andrew's heir on 8 August 1531, NRS: GD157/408 and as the grandson on 25 October 1531. NRS: GD157/383

G. W. Ballingall suggested that he was the son of another James Heriot: "of the family of Trabroun," whose name intervenes between him and Andrew Heriot of Trabroun, Collections: 10 but the name of his father has not actually been identified.

His Last Will and Testament

James Heriot of Trabroun made his last will and testament on 11 August 1580, at his house in the Canongate, beside Edinburgh in Midlothian, Scotland. He made and constituted two of his sons, George Heriot and Peter Heriot, to be executors and intromitters with his goods and gear. Confirmation was granted to them on 27 June 1581. [National Records of Scotland, Edinburgh Commissary Court, Testament Testamentar of James Hereot of Trabroun, reference CC8/8/9]

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Death

James Heriot of Trabroun died on 4 October 1580. He made his last will and testament at his house in the Canongate, near Edinburgh, on 11 August previously and it seems quite likely, probable even, that he died there. [National Records of Scotland, Edinburgh Commissary Court, Testament Testamentar of James Hereot of Trabroun, reference CC8/8/9] and NRS: RH6/2571

Eik to his Testament and Inventory

The Testament Dative and Inventory of the deceased James Heriot of Trabroun (actually an eik or addition to his previously confirmed Testament Testamentar and Inventory) was given up by his son George Heriot, portioner of Collielaw, on 20 July 1592. This was necessary because money owed to him had been omitted from his previously confirmed testament by the now deceased Peter Heriot, George Heriot's brother. No mention is made of the widow but the value of the free gear was to be divided in three, and this suggests that Helen Cockburn was still alive. Confirmation was granted to George Heriot of Collielaw on 28 November 1592. [National Records of Scotland, Edinburgh Commissary Court, Testament Dative and Inventory of James Hereot of Trabroun, reference CC8/8/24]

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Marriage

James Heriot of Trabroun married Isabella Maitland. RMS: 1151

Children

1. James Heriot of Trabroun
2. Andrew Heriot of Burnturk
3. Peter Heriot
4. George Heriot of Collielaw
5. Janet Heriot
6. Elizabeth Heriot
7. Helen Heriot
8. Agnes Heriot
9. Lady Alison Heriot
10. Margaret Heriot

Evidence from the National Records of Scotland

                   1

8 August 1531: Charter by James, earl of Mortoun, to James Heriot, NEPHEW and heir of deceased Andrew Heriot of Trabroun, and Helen Cokburne, his spouse, of lands of Elvingstoun, in regality of Dalkeith, constabulary of Haddington. Robert Maxwell, son and apparent heir of Robert, lord Maxwell, John Dowglas, John Cokburne of Ormistoun, John Heriot, John Hering, sir Thomas Knycht, notary, and Mr. John Bannatyne, notary. National Records of Scotland, Papers of the Scott Family of Harden, Lords Polwarth, Berwickshire, reference GD157/408

                  2

28 August 1531: Special service held by James Johnestoun, macer, and Mr. William Blakstok sheriff of Berwike in that part, in favour of James Hereot as heir of deceased Andrew Hereot of Trabroun, HIS GRANDFATHER, in 6 merkland of Quhitelaw in sheriffdom of Berwike, and lands of Arrois in constabulary of Lawederdaill, said sheriffdom. Members of inquest - Join Edmonstoun of that ilk, Gilbert Wauchop of Nudrymerschale, Patrick Cokburne of Newbiggin, William Borthuike of Crukestoun, George Borthuike of Collelaw, Andrew Johnestoun of Elphinstoun, Mr. John Hepburne of Benestoun, Thomas Borthuike of Princado, George Wedderheid, Charles Lawder, William Laweder, burgesses of Laweder, John Fouthous, burgess of Hadingtoun, Alexander Aitkinsoun, Thomas Cuby in Prestoun and Thomas Huntar. National Records of Scotland, Papers of the Scott Family of Harden, Lords Polwarth, Berwickshire, reference GD157/405

                    3

25 October 1531: Special retour in favour of James Heriot, as heir of deceased Andrew Heriot of Trabroun, HIS GRANDFATHER, in lands of Trabroun in bailiery of Lawederdaill, sheriffdom of Berwike Sheriff of Berwick in that part - James Johnestoun, macer. Members of inquest - John Edmanstoun of that ilk, Gilbert Wauchop of Nidrymerschell, Mr. George Hay of Mynzeane, Mr. John Hepburne of Benestoun Patrick Cokburne of Newbiggin, Thomas Borthuike of Princado, James Creichtoun of Cottis, William Laweder, George Wedderheid, Charles Laweder, burgess of Laweder, Thomas Cuby, Alexander Symsone, Archibald Weddell, Robert Borthuike and John Heryng National Records of Scotland, Papers of the Scott Family of Harden, Lords Polwarth, Berwickshire, reference GD157/383

                    4

26 June 1532: Instrument of sasine following on precept from chancery, 22 June (1532) in favour of James Heriot, NEPHEW and heir of deceased Andrew Heriot of Trabroun, in lands of Trabroun, in bailiery of Lawderdaill, sheriffdom of Berwik. Notary - Alexander Symson, clerk, diocese of Saint Andrews. Witnesses - William Vedderheid, David Heriot, Alexander Aillen, Adam Belchis, William Lowdian and John Aillen, sergeant, (? seriando'). National Records of Scotland, Papers of the Scott Family of Harden, Lords Polwarth, Berwickshire, reference GD157/385

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26 June 1532: Instrument of sasine (propriis manibus) by John Coikburne, procurator for Marion Coikburne, relict of Andrew Heriot of Trabroun, in favour of James Heriot, HIS GRANDSON and heir, in lands of Trabroun, in lordship of Lawderdale, sheriffdom of Berwik Notary - Alexander Symsone, clerk, diocese of Saint Andrews. Witnesses: William Vedderheid, David Heriot, Alexander Aillen, Adam Belsys, William Lowthiane and John Aillen. National Records of Scotland, Papers of the Scott Family of Harden, Lords Polwarth, Berwickshire, reference GD157/384

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14 May 1535: Letter of reversion granted by James Hereot of Trabroun, NEVOY and heir of unquhile Andrew Hereot of Trabroun whereby he declares that although Alexander Forrester of Corstorphine had disponed to Andrew Hereot, his goodsire, his heirs and assignees, a husband land and an oxgang of land of his lands of Langnudry yet on the said Alexander paying to him 11 score merks Scots on one day between the sun's rising and ganging to of that ilk, within the college kirk of Saint Geills of Edinburgh and upon the altar of Saint James the Apostle situated within the same he would give him regress to the said lands. Dated at Harprig. Witnesses: Henry Congiltoun of that ilk, Richard Congiltoun, Jame Ankenstoun, John Cockburn, Andrew Schir, Thomas King, chaplains, Henry Wardlaw of Kilbabertoun, Robert Ramsay, Henry Dawglas, David Heriot, Alexander Alan, Alexander Young, notary public and others. National Records of Scotland, Papers of the Montgomerie Family, Earls of Eglinton, reference GD3/1/11/18/21

                   7

8 November 1537: Precept of clare constat by Geillis Cranstoun, elder, sister and one of heirs of deceased Patrick Cranstoun of Rathobyris, spouse of Edward Auchinlek of Kilbank, in favour of James Heriot of Trabroun as heir of deceased Andrew Heriot of Trabroun, HIS GRANDFATHER, in lands of Arrois. Bailie in that part - John Hogkin. National Records of Scotland, Papers of the Scott Family of Harden, Lords Polwarth, Berwickshire, reference GD157/406

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9 November 1537: Instrument of sasine following on precept of clare constat, 8 November 1537, by Geillis Cranstoun, elder, sister and one of heirs of deceased Patrick Cranstoun of Rathobires, wife of Edward Auchinlek of Kilbank, in favour of James Heriot of Trabroun as heir of deceased Andrew Heriot of Trabroun, HIS GRANDFATHER, in lands of Arras in constabulary of Lawderdale, sheriffdom of Berwik. Notary - John Ker, priest, Glasgow diocese. Bailies in that part - John Hogeskyn, David Heriot and Karulo (?Charles) Borthuik. Witnesses - sir William Hoppringill, chaplain, Alexander Allane, John Fairlie, Karulo Borthuik, William Allane and David Heriot. National Records of Scotland, Papers of the Scott Family of Harden, Lords Polwarth, Berwickshire, reference GD157/407

                   9

14 February 1542: Charter by which John Tennent of Listoun-Schelis confirms that he was sold the lands of Owir Howden in the lordship of Lauderdale to James Heriot of Trabroun. Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, A.D. 1546-1580, charter number 927 on p. 207

                  10

18 February 1542-43: Charter by George, lord Seytoun, to James Heriot of Trabroun and Helen Cokburne, his spouse, of lands of lie Myddill Thrid of lands of Auldenstoun, in barony of Tranent, constabulary of Haddington. Witnesses: George, lord Hume, John abbot of Jedburgh, Mr. Robert Galbraith, rector of Spott, Henry Lauder, lord advocate, Hugh Rig, burgess of Edinburgh, Richard Maitland of Lethingtoun, Hugh Dowglas of Borg, Robert Fairlie of Braid, John Mossman and Alexander Young, notaries. National Records of Scotland, Papers of the Scott Family of Harden, Lords Polwarth, Berwickshire, reference GD157/408

                  11

17 June 1545: James Heriot of Trabroun serves as a member of an assize. Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, A.D. 1513-1546, note 1 on p. 750

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17 April 1548: Helen Cockburn and her husband James Heriot had a gift of the non-entry of the middle third of Aldiriston in the barony of Tranent. The House of Cockburn: 126 where Register of the Privy Seal, xxxii,, fol. 22 is cited

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20 January 1556: Charter by which Walter Heriot of Burnturk confirms that he has sold the land and barony of Burnturk, for a certain sum advanced by James Heriot of Trabroun, to Andrew Heriot, second son of James Heriot of Trabroun. Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, A.D. 1546-1580, charter number 1147 on p. 256

                  14

20 June 1556: Instrument of sasine following on precept, 19 May 1556, by William Cranstoun of Smalem, kt., superior of William Auchinlek, son and heir of deceased Geillis Cranstoun of Ratho Byris, of lands of Arras, in favour of James Heriot of Trabroun, following on letters of four forms at his instance against said William Auchinlek, in said lands of Arras, in lordship of Lauderdale. Notary - Robert Wedderat, clerk, Saint Andrews diocese. Bailies in that part - John Cranstoun in Gilmertoun and James Frainche. Procurator for said James Hereot - David Hereot. Witnesses - Thomas Hereot in Overhowden, Robert Woddell in Trabroun, Alexander Alane there, David Alane in Arras and Richard Staig there. National Records of Scotland, Papers of the Scott Family of Harden, Lords Polwarth, Berwickshire, reference GD157/411

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27 July 1565: Letters of four forms at instance of John Levingstoun of Salcoittis, Patrick Congiltoun of that ilk, John Hepburn, his tutor, Andrew Murray of Blakbarony, Adam Hepburne of Kyngistoun, Margaret Dunce, Patrick Hepburn, her spouse, Patrick Quitlaw of that ilk, David Borthuik of Lochthill, Patrick, lord Lyndesay of the Byris, John Sydsarf of that ilk and James Heriot of Traben, against Patrick, lord Ruthven, Alexander Robesoun, yr, in Dirltoun, Alexander Tod, son of George Tod, Henry Nicolsoun and Alexander Nicolsoun there, William Schawes in West Fentoun, George Scheves, his brother, John Craig in Gulane, William, master of Ruthuen, Andrew Ker of Fawdonsyde, James Haliburtoun of Cokilmyln, Alexander Robesoun, George Tod, Edward Nicolsoun, Andrew Hude, John Robesoun, Alexander Robesoun, his brother, Archibald Sande and John Gylour, charging them to refrain from molesting the complainers in the possession of their respective lands and commonty in and round the South Loch of Dirltoun. National Records of Scotland, Papers of the Brooke Family of Biel, reference GD6/112

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21 February 1560: Charter following from a contract of marriage between his son and heir James Heriot, and Issobellam Maitland, daughter of Richard Maitland of Lethingtoun, by which James Heriot of Trabroun confirms that he has given the lands of Arrois in the lordship of Lauderdale in liferent to Issobellam Maitland. Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, A.D. 1580-1593, charter number 1151 on page 382

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27 September 1580: Charter by which James Heriot of Trabroun confirms that he has given the lands of Elvingstoun in the regality of Dalkeith in liferent to Issobelle Maitland, his spouse. Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, A.D. 1580-1593, charter number 1151 on page 382

                  18

27 October 1580: Certified Copy of Retour of Inquest held in the tolbooth of the burgh of Lawder, in presence of Master William Cranstoun of Kirkhill, Andrew Kneland and Andrew Lawder, sheriffs and bailies depute of Beruick and Lawderdaill respectively constituted by Commission under the Quarter Seal, 27 Oct 1580: finding that James Heriot, then of Trabroun, was heir to umquhile James Heriot of Trabroun, his father, in the 10 merklands of Harlaw (sometime occupied by William Home, George Furde, David Wode, Alexander Edgar and Edward Chalmer, then by Patrick Home, Adam Furde and Richard Edzar), new extent 10 merks, old extent 44s 4½d, also other 40 shilling lands thereof (sometime occupied by said Edward Chalmer, Margaret Furde, relict of Thomas Pairk, William Haisty, and then by Catharine Furde, relict of John Chalmer and by Robert Chalmer, his son), N E 40s, O E 13s 4d, all lying in the town and territory of Harlow, lordship of Halyburtoun and sheriffdom of Beruick; also in the lands of Arres, N E £10, O E 5 merks, in the bailiary of Lauderdaill and sheriffdom of Beruick; in 6 merklands of the 14 merklands of Lawder sometime pertaining to Thom Borthuik of Pirncaddo, lying betwixt the burns within the liberty of the burgh of Lawder (then occupied by Alexander Hoppringill, Alexander Brotherstanes, Robert Brutherstanis, William Robesoun and Thomas Wode, burgesses of Lawder), N E £6. O E the same), in the lands of Ovir and Nethir Kersis commonly called Myris (possessed by said umquhile James Heriot), N E 30s, O E 13s 4d; the lands of Freirneis, N E 40s, O E 13s 4d; the third part of the lands of Collelaw, N E 13 merks 4s 5d, O E 4 merks 5s 10½d; the remnent two third parts thereof, N E 26 merks 8s 10d, O E 8 merks 11s 9d; an annual rent of 20 merks Scots furth of the lands of Ovir and Nethir Bourhousis, an annual rent of 40 shillings Scots furth of the lands of Nethir SChielfeild; the lands of Ovir Houden, N E £15, O E the same; 4 merklands of Quhitlaw, N E 4 merks, O E 16s 9d; lying within said sheriffdom and bailiary; that said lands of Harlaw were held in capite of the heirs of umquhile Henry Cranstoun, son and heir of umquhile John Cranstoun of Harlaw, rendering for the 10 merklands 2 pennies Scots, for the 40 shilling lands one penny Scots, in name of blench ferme; the lands of Arres of the heirs of umquhile Patrick Cranstoun of Rathobyris, rendering thereafter 1 penny blench; the 6 merklands of Lawder of the king for burgh service ought and wont; the lands of Kersis-Myris of the heirs of umquhile Thomas Borthuik of Middiltoun, rendering therefor one penny blench; Freirneis of Sir William Sinclare of Hirmestoun knight for service ought and wont; Collelaw of James Borthuik as heir of umquhile Thomas Borthuik of Collelaw, rendering for the third part one penny, for the other two parts one penny, blench; the annual rent furth of Bourhousis of said James for one penny blench; the annual rent furth of Nethir Scheilfeild, of Alexander Erskin feuar thereof for same reddendo; Ovir Howdane of the commendator and convent of Calco, rendering therefor £15 feu duty, Three suits at three head courts at the place of Calco yearly, and double feu duty at each heir's entry; and Quhytlaw of ..... Lawder of Burnegranes for 2 pennies blench; and that all the above had been in non-entry for 23 days by reason of the death of James Heriot elder, who died 4 Oct instant. Names of the jury:- Alexander Dalmahoy of that ilk, Thomas Fawsyde of that ilk, Patrick Congiltoun of that ilk, David Rentoun younger of Byllie, Archibald Lorimer in Thirrilstane, George Cranstoun in Cauldscheill, Thomas Cranstoun, burgess of Lawder, William Lowthiane in Lylestoun, Henry Fairbarne in Gordoun, Niniane Fairbarne indweller there, Richard Edgar in Cummerlawis, Thoams Greif in Thirrilstane, Patrick Newtoun younger of that ilk, Christopher Knowis, portioner of that ilk, Henry Ogill of Hartramewode. National Records of Scotland, Register House charters, 1st series, reference RH6/2571

                  19

17 March 1583-84: Precept of sasine by John Cranstoun of that ilk, in favour of Janes Hereot of Trabroun in lands of Arres. National Records of Scotland, Papers of the Scott Family of Harden, Lords Polwarth, Berwickshire, reference GD157/412

                 20

20 January 1586-87: Charter under the Great Seal which confirms three charters made in favour of James Heriot of Trabroun, son and apparent heir of the now deceased James Heriot of Trabroun. Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, A.D. 1580-1593, charter number 1151 on page 382

Evidence from the Protocol Book of Sir Alexander Gaw

12-13 July 1549: Memorandum narrating that Elizabeth Leslie, relict of the late Thomas Hamiltoun of Balbyn, delivered to James Heriot of Strabroun (sic, Trabroun), executor and tutor testamentar of said Thomas, as bairns' goods to the children of the said Thomas contained in his testament, namely, eleven ploughing oxen, five brood cows with their followers, "ane ferro kow wytht ane styrk, ane zeld kow schamenlo and ane bul ox geldit of iiii yeir aid ; Item thre stottis of zeir aldis outgane and ane beld stot of ii zeir aid ; Item auchtene vedderis ; Item four rammys ; Item of gymmyr and dunmontht and trintell thre scoir ; Item of mylk yowis four scoir." She also delivered to him in name of the said children two horses and one part of the lands of Balbyn and Drumcarne, and he in their name thankfully received the said goods, cattle, sheep and horses, and also the lands in name of the heir of Thomas. Elizabeth protested " for nullite of al maner of violance"in time past, and the goods, &c, to be forthcoming to the use of the bairns, and the profit of the land to be forthcoming to the heir or heirs of Thomas. Done on the 1 2th and 13th days of July 1549. Witnesses, James Fuddas, Alexander Allasoun, William . . . , Thomas Allasoun, James Scot, Alexander Ross, Sir James Conquergud and George Heriot. Protocol Book of Sir Alexander Gaw: 26

Evidence from the Protocol Book of Nicol Thounis

10 April 1562: Instrument of Sasine in favour of Mr. Robert Richardsoun, commendator of St. Marys Isle, in two-thirds of the Mains of Kirklistoun, called Cattelbok, occupied by Robert Kirkland, James Mureheid, John Dawling and John Young, lying in the regality of St. Andrews, barony of Kirklistoun and sheriffdom of Linlithqw ; following on charter by George, Lord Seytoun, containing a precept of sasine directed to Elesius Dundas, and dated at Edinburgh, the 7 of March 1 561/2. Witnesses to charter, James Heret of Trabroun, Alexander Seytoun, Richard Alie, Mr. Steven Liddardale, and Thomas Raith, notary public. Sasine given on the ground to John Hammiltoun, burgess of Edinburgh, attorney for the said Mr. Robert, the lo of April 1562. Witnesses to sasine, George Dundas of that Ilk, Thomas Craig, notary, John Dawling, George Dawling, James Mureheid, Robert Kirkland and John Young. The Protocol Book of Nicol Thounis: 70

The Protocol Book of James Foulis

31 October 1550: Witnesses . . . . . Heriot of Trabroune . . . . . The Protocol Book of James Foulis: 85

Evidence from the Laing Charters

11 July 1583: Instrument of Sasine narrating that Francis Borthwick of Ballincrieff', and Margaret Congiltoiun, his spouse, did at the principal mansion of Ballindrieff give sasine to John Borthwick, their eldest lawful son, of the mains lands of Ballincreiff in the constabulary of Haddington, in terms of a marriage contract, dated at Edinburgh, I8th . . . [month omitted] 1583, between the said Francis, Margaret and John, and Jonet Hereot, lawful daughter of the late James Hereot of Trabroun, Peter Hereot, her brother, and Thomas Fawsyde of that Ilk : Reserving the liferent of the east half of the said mains lands, with principal mansion, etc., and half of the meadow called the ' oxin medo ' on the west side of the lands, to Francis Borthwick and his wife, and also to him the liferent of the mill of Ballincrieff, with two acres of the adjacent mill lands, and to Jonet Hereot the liferent of the wester half of the said mains lying to the west of the ' Burrowgait ' of Haddington, with houses, etc., belonging thereto. Sasine given on the lands, 11th July 158.3. Witnesses, Patrick Levington, younger, of Saltcottis, Patrick Congiltoun of that Ilk, Henry Congilton, his uncle, Alexander Sinclare, residing in Ballincreift', John Craik, John Symsone, writers. Alexander Symsone, of St. Andrews diocese, by royal authority notary public. A Calendar of the Laing Charters: charter number 1064 on pp. 263-4

Genealogy

1. Collections and Notes Historical and Genealogical Regarding the Heriots of Trabroun: 29 pp.
2. Stirnet: Heriot 01