Garvald and Baro parish church
Garvald is a rural parish just over twenty miles south east of
Edinburgh and six miles south of Haddington, the county town of
East Lothian.
The modern name of the old parish of Garrel is a vulgar
abbreviation of Garvald
The village is in the north-east corner of the parish which runs
eight miles south-west to the summit of Lammerlaw. The parish is
never more than three mileswide. It is bounded on the east by
Whittingehame and on the west by
Yester. Over the crest of the Lammermuirs is the county of
Berwickshire. The land rises from 400 feet in the north to 2000
feet in the hills.
Stoneypath Tower, although in the parish
of Whittingehame, stands on the verge of Garvald parish, on a high
perpendicular freestone cliff, below which the Papana runs.
Research notes:
The Earl of Douglas appears to have been superior in 1376.
Sir William Douglas, died about 1658. He married Ann, daughter of
Douglas of Whittinghame, and had two sons : —
(a) Sir
Archibald
(b) John, ancestor of Douglas of Garvald. He purchased
the lands of Garvald from James Douglas, brother of Sir Archibald of
Whittinghame, 1631 (Great Seal Register). In Stodart's MS. are Lewis
Douglas of Garvald and a son, William of Garvald, 1686-1704.
1643-46 Archibald Douglas, MA was minister at Baro.
In 1789, John Douglas, a member of the Kirk Session, was a life
renter of Garvald Grange, where in 1814, the feu superior was
William Douglas.
4th December 1835.
Second Division.—(J.D.M.)
No. 50.—Simon
Fraser, Factor Loco Tutoris for William Douglas, Esq. of Garvald,
Petitioner.Factor Loco Tutorials —Powers—Nubile Officium—Circumstances
in which authority granted to a factor loco tutoris of a person
insane, to complete titles of vassals and heirs of heritable
creditors of the lunatic. Opinion intimated from the bench, that but
for the special circumstances of the case, and the consent of the
nearest heirs, such unusual powers would not have been granted,
without a full consultation with all the Judges in regard to the
right of the Court to confer them.
The petitioner, as factor loco tutoris to his maternal uncle, Mr
William Douglas of Garvald, who was in a state of confirmed lunacy,
presented a petition to the Court, stating, that prior to the time
at which Mr Douglas became insane, he, as well as his father, had
feued out sundry lots of their property in the village of Garvald:
That they had also occasion to borrow certain sums of money, for
which they granted heritable securities over their lands of Garvald
and others, situated in the parish of Garvald and county of
Haddington: That, likewise, some time ago, in virtue of powers from
the Court, and with the approbation and consent of the next heirs of
Mr Douglas, they had granted a bond and disposition in security over
said lands for a certain sum, for the purpose of clearing off the
debt of an adjudging creditor, who threatened to evict the estate,
by completing an irredeemable title, under a decree of declarator of
expiry of the legal.
Certain of the investments referred to had remained unchanged
for upwards of forty years; and the original creditor in one of them
was now dead. Application was made to the petitioner to grant a
precept of dare constat in favour of the heirs-portioners of the
creditor, who had deceased, with the view of completing their title
to the bond, and thereby enabling them either to convey or discharge
the same. But the petitioner doubted if he could, in virtue of his
general powers under the factory, validly grant the deed required,
or similar ones in time to come, without the express warrant of the
Court to that effect. It might also be necessary to enter the heirs
of vassals or singular successors in the feu-rights. The petitioner
therefore prayed their Lordships "to authorise and empower the
petitioner, as factor loco tutoris foresaid, to grant all charters
of resignation, and of confirmation, precepts of dare constat, and
other deeds that may be necessary, either now or in time coming,
validly to complete the titles of the vassals of the said William
Douglas, as well as the titles of the heirs of deceased, or of
present or future creditors, in all or any of the heritable debts
now affecting, or which may hereafter affect the said lands and
estate of Garvald and others, the property of the said William
Douglas, containing all usual and requisite clauses; and to find,
decern, and declare that the said charters, precepts, and other
deeds, so to be granted by the petitioner, shall be as valid and
effectual, to all intents and purposes, as if they had been granted,
and subscribed by the said William Douglas himself in sound mind."
Their Lordships, before answer, appointed the petitioner to put
in a minute, stating any authorities, on which he could found his
application, which appeared to be for powers of an unusual extent;
which having been lodged, their Lordship*, on advising the same,
were unanimously of opinion that the question of the extent of their
power in such a case was of such importance as to incline them to
submit it to the consideration of the whole of the Judges; but, in
consequence of a statement from the bar, which was embodied in the
following interlocutor, they were induced to grant the prayer of the
petition:
"In respect of the consent stated at the bar, of the
two nearest heirs of William Douglas, Esq., of Garvald, and of the
urgency of the case, in consequence of the great age of the said
William Douglas, and the other peculiar circumstances of the case,
authorise and empower the said Simon Fraser, petitioner, as factor
loco tutoris for the said William Douglas, to grant all charters of
resignation, and of confirmation, and precepts of dare constat, and
other deeds that may be necessary, either now or in time coming,
validly to complete the titles of the vassals of the said William
Douglas, as well as the titles of the heirs of deceased, or of
present or future creditors, in all or any of the heritable debts
now affecting, or which may hereafter affect the said lands and
estate of Garvald and others, the property of the said William
Douglas, containing all usual and requisite clauses; audi find,
decern, and declare, that the said charters, precepts, and other
deeds so to be granted by the petitioner, shall be as valid and
effectual to all intents and purposes as if they had beea granted
and subscribed by the said William Douglas himself in sound mind."
Petitioner's Authorities.—Craigie, 10th January 1758. Rushby,
1st February 1823 ; 2 S. and D. 176. Blaikie, 1st February 1827; 5
S. and D., 5 L. and D., '208. Campbell, 20th January 1829, 7 S. and
D. 298. Pulteney, 2lst February 1832, 10 S. and D. 362.
Act.
Graham Bell; William Baillie, W.S., Agent—[J.D.M.]
Title Deeds of Ballymoss
Title Deeds of Ballymoss, Dated
1814
To all and sundry to whose knowledge these presents shall
come I Frazer Younger of Lord Advocate factor loco tutoris
nominated and appointed by the Lords of Council and Session
to William Douglas Esquire of Garvald heritable proprietor
of the lands and others after mentioned conform to Act and
Factory bearing date the tenth day of August eighteen
hundred and fourteen. Considering that by Tack entered into
between the said William Douglas and Frances Walker of the
farm of Garvald Grange bearing date the twentieth day of
August and seventh day of September seventeen hundred and
eighty four and registered in the books of Council and
Session the seventeenth day of January eighteen hundred and
fourteen the said farm (of which the particulars after
disponed were part) was let under the reservation of full
power and liberty to the said William Douglas and his heirs
or assignees to sell out small lots for houses and gardens
about the village of Garvald and that in virtue of this
reserved power the particular lot after described was selled
to David Baillie daylabourer in Garvald who has not hitherto
obtained any right or title to the same. Therefore in
implement of the obligation incumbent on the said William
Douglas and in consideration of the feu duty and other
pristations herein after stipulated know ye that I have sold
alienated and disposed as I do by these presents sell
alienate and in feu ferm dispone from the said William
Douglas his heirs and successors to and in favour of the
said David Baillie his heirs and assignees whomsoever
heritable and irredeemably all and whole seventy three
thousand parts of an acre of the lands set to the said
Francis Walker lying on the south side of the Road leading
from Gifford to Garvald Kirk bounded on the east by the
piece of ground feued to James Robertson Brewer in Garvald
on the west by the feu belonging to Archibald Logan and on
the south by the water of Garvald on which piece of ground
the said David Baillie has erected houses in the village of
Garvald Kirk to be holden and to hold the lot of ground and
others above described by the said David Baillie and his
forsaids of and under the said William Douglas and his heirs
and successors whomsoever as his immediate lawful superiors
of the same by all the righteous meiths and marches thereof
giving therefore yearly to the said William Douglas and his
foresaids immediate lawful superiors of the Lot of ground
and others above disponed the sum of Four shillings and four
pence halfpenny of feu duty at the term of Whit Sunday
yearly and doubling the said feuduty the first year of the
entry of each heir or singular successor and declaring that
the said David Baillie shall be bound to keep the street in
front of his property clean and free from dung or other
nuisances and that no swine houses or other erections shall
be made in front of the house erected or to be erected on
the premises and also that the said David Baillie and his
foresaids shall dispose of their whole dung which shall not
be made use of in the lot hereby feued to the said William
Douglas and his foresaids or to the tenant of Garvald Grange
for the time being upon being allowed at the rate of two
shillings and sixpence for each two horse cart load on in
the option of the said David Baillie and his foresaids to
coller it on the said farm at the rate of three eighths part
of the peck of barley sown for each of the said carts are
dung and these for all other burden exaction demand or
secular service which can be anything exacted or demanded
for the same lot of ground and other foresaid in all time
coming which lot of ground and others above disposed with
this for right and infoment to follow hereon I bind and
oblige the said William Douglas and his heirs to warrant to
the said David Baillie and foresaids at all hands and
against all deadly and I consent the Registration hereof in
the Books of Counsel and Session thereon to remain for
preservation and for that purpose constitute my Procuration
and moreover I hereby desire and require you and each of you
the said William Douglas's Baillies in that part specially
constituted that on sight hereof ye pays to the grounds of
the subjects particularly above described and there give and
deliver to the said David Baillie or his foresaids heritable
state and Sasine real actual and corporal possession of the
lot of ground and others particularly above specified lying
and described as aforesaid and that by deliverance to the
said David Baillie or to his foresaids or to his or their
name bearers hereof of earth and stone of the Ground of the
said lot with all other symbols usual and necessary and in
this in noways ye leave undone which to do I commit to you
and each of you the said William Douglas's Baillies in that
part foresaid full power by this precept of Sasine directed
to you for that effect in witness whereof I have subscribed
their presents written upon stamped paper by David Birrell
apprentice to Charles Cunningham Writer to the Signet at
Edinburgh in the First day of December eighteen hundred and
fourteen years before these witnesses the said Charles
Cunningham and Andrew Grieve apprentice to John Ross Writer
to the Signet.
Simon Frazer |
James Balfour, second son of John Balfour, of Balbirnie, who made a
large fortune in India. subsequently much enlarged his property in
East Lothian, having bought Papple (called Pople in old maps of
the county) and Papple Westmains and Bogend from Lord Blantyre ;
Garvald Mains and Garvald Grange from the old family of Douglas of
Garvald
Garvald in 1853
See also:
• Douglas
of Garvald
Further reading:
•
History of Garvald By Irene Anderson, MBE
Any contributions will be
gratefully accepted
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