An agreement was formed between Patrick, earl of Dunbar, and the house of Melrose, concerning the pasture west of the Leader, whereby, the earl with the consent of Patrick, his son and heir, in the presence of W[illiam], king of Scots, and Earl David, his brother and other good men, gave, granted and by his charter established, to the monks of Melrose in free, pure and perpetual alms all the arable land called Sorrowlessfield (ROX), as William Sorrowless held it, from the west of the Leader towards the grange of the monks. In addition, he granted to them pasture for 500 sheep and 140 beasts, oxen or cattle in or outwith the wood between the road which leads towards Lauder through the causeway, which road is called ‘Malcholmisrode’, and Leader, and by the marches of Kedslie (ROX) up to Fauhope Burn, saving to the earl the trees in the wood. Neither party shall have houses, sheepfolds, enclosures, lodges, folds or other manors within the pasture, nor cultivate any land except the arable land of Sorrowlessfield. The earl’s livestock shall not cross the road and each night shall return to the villa of Earlston (BWK) unless prevented by storm or flood. The monks’ livestock shall have free access to and from their pasture. The earl grants the monks 120 cartloads of peats each year from the peatary next to Scabbedraburch (Scabbet?). For greater security, the bishop of Moray, who was made papal judge-delegate in the case, and Henry, abbot of Kelso, have appended their seals.
6 July 1208
1208, on the octaves of the Apostles Peter and Paul