Re: Weir and Bothwell Brig

For a source of Weir information you can try the Lesmahagow Annals on the Lesmahagow Community Web Site.

Chapter 5 - LANDED ESTATES, FAMILIES, AND HISTORY CONNECTED WITH THEM
BLACKWOOD

The first time that the name Weir connected with Lesmahagow occurs in the Liber de Kelso is so early as A.D. 1276, when Philip de Greenrigs resigned Hautillet. Where that place- was situated can now only form subject for conjecture, but a French derivation suggests some high ground which may have been in the neighbourhood of Greenrig, as there are several elevated tracts of land in that district. Thomas, styled Wer, was probably an important personage, as he is the first to subscribe as witness to the above-mentioned transaction, the second being Pet, styled Greenrig. This is probably the origin of the well-known Lesmahagow surname, Peat or Pate. There is an Anglo-Saxon word, Wearg, which signifies wolf; but the derivation of Weir from it is open to doubt. This is not the first time that the name occurs in history. In the reign of William the Lyon, 1165-1214, a Radulphus de Wer attested a Royal charter. (Act Parl., after preface 83.) In 1311, Adam de Dowane, senr., resigned to Abbot Walran of Kelso and the Abbey, all the lands which he possessd in the town and tenement of Greenrig below the barony of Lesmahagow, to which Thoma Were and others were witnesses. (L. de Kelso, 163, 195.)

Rotaldus Wer was bailie of Lesmahagow in 1398-1400, and in the latter year, Abbot Patrick, who styled him "Well-beloved and faithful, and for his service to us" granted him to the half of the church lands of Blackwodd and Dermoundyston, with the whole of Mossmynyne. For Blackwood he was to pap 3s. 4.d annually, and for the other lands, 13s 4d (Ibid., 413, 524.) These lands were to be held by the said Rothald and his heirs-male, freely, quietly, and peaceably, with all conveniences, easements, and pertinents known and unknown, above ground and under ground, in wood and open, roads, footpaths, meadows and pastures, moors, marshes, lakes and running waters, with fishing, hunting and hawking, in feu and heritage for ever. That Mossmynine was an important possession is apparent, not only from the yearly payment required for it, but also from the circumstance that in 1316, a meeting took place at that manor, of "discreet and trustworthy men," to arrange a dispute between Sir Alexander Folkard and the Abbot of Kelso, regarding Pollenelle. (Ibid., 158, 195) In the map which is attached to the "Origines Parochiales Scotioe," Mossminin appears as a district of country between Harperfield and Coultershogle, but what is known as Hawksland was originally called Mossminin. In 1406, Ralph Weir of Blackwood was one of an inquest who served Sir Thomas Somervill of Carnwath, heir to his father, Sir John. ("History of the Somervilles," i. 152.) In 1435, Henrie Weir, elder of Blackwood, formed one of a similar jury who served William, second Lord Somervill, heir to the said Sir Thomas, who had been created first baron. (Ibid., I. 178) In 1447, Lord William married his eldest daughter Marie, to Ralph Weir, her portion being 2000 merks. (Ibid., i. 197) Thomas Weir of Blackwood was in 1490 ordained by the Lords of Council to pay the Earl of Ergile, chancellor, £40, uplifted by him of the mails of the lands of Kype, which were in the hands of the Crown ward, in consequence of the death of Alexander Stewart of Avondale, and which had been granted to the said Earl of Argyle. (Act. Dom. Con., 141) In 1493, he had a lawsuit with the Abbot of Kelso, about the lands of Mot, in Mossmyning, which he alleged belonged to him; also regarding his intromissions with the lands of Coultershogle, and his failure to pay the thirld multure and duties to the mills of Mossmynine. The dispute was submitted to the Chancellor and Master of Angus. (Ibid., 313, 316.)

In 1497, Robert Weyr received a grant of Rogerhyll and Brownhyll lying in the Lordship of Blackwood, from Abbot Robert, on the resignation of John Mungumery, with turbaries, peat-bogs, coals, the right of erecting manufactories and malt kilns, stone and lime, meadows and pastures, with free ish and entry to various pools of water, with mills, multures and sequels, woods, roads, footpaths, the privilege of holding courts, with the fines and forfeitures exacted there in, and with fishing, hunting, and all easements. (L de Cal., 428, 534.)
In 1561, James Weir of Blackwood was on of the curators for Miss Margaret Hamilton of Raploch. She married James Sommervell, younger, of Cambusnethan, and after her marriage, conveyed the third of Cummir, in the parish of Lesmahagow, to Gavin Hamilton, commendator of Kilwinning. The above Gavin was youngest son of James Hamilton of Raploch; and isobel Weir, his spouse, was a daughter of Blackwood's ("Family History of Hamilton's of Broomhill," p.16)

In 1572, James Weir of Blackwood, having espoused the cause of Mary Queen of Scots, was in common with many others, accused of being accessory to the murder of Darnley. ("Pitcairn," i. 35.) As no record of the trial exists, it is questionable whether any took place, or that anything more was intended than to intimidate the Queen's adherents for party purposes. In 1576-7, he served as a juryman. ("Pitcairn," i. 71.) He was included in the Act of Restitution, passed in 1585. (Act. Parl, iii. 383)

In 1612, Douglas of Todholis became law-burrow for George Weir of Blackwood, in the sum of 1000 merks; but the cause of this has not been recorded. (Pitcairn, "Crim. Trials," iii. 227.)

In 1643, George Weir of Blackwood was appointed one of the Commissioners for raising tax, authorised by the Convention of Estates, to repay a loan of 200,000 merks, and named one of the Committee of War. (Act of Parl., vi. 29, 53) In 1644, the Laird of Blackwood was one of the committee of war. (Ibid., vi 132) But at this period there is so much obscurity attending the succession, that it is difficult to unravel it. The property was held for a time by Colonel James Bannatyne, a cadet of the house of Corehouse. On the 8th of July 1645, his eldest brother, John Bannatyne of Corhouse, served himself heir to the Colonel, as heir of conquest in the lands of Blackwood, etc. (Inquis. Spec., 220.) It is known that William Lawrie of Auchinheath married a Miss Weir of Blackwood.

In 1650, George Weir or Lawrie, his son, was retoured as heir of tailzie provision, to Colonel Bannatyne, "his cousin" as to part of the lands of Blackwood, and in 1657 as to the remainder. (Ibid., 241, 270) It is probable that the eldest daughter of Blackwood had married Bannatyne of Corehouse, and that it was a younger daughter , perhaps of a second family, who married William Lawrie. On the death of the elder Miss Weir (Mrs Bannatyne), her younger son, Colonel Bannatyne, probably in terms of the marriage contract, succeeded to Blackwood. On his death an attempt was made by Bannatyne of Corehouse to obtain the lands as of conquest, but unsuccessfully. George Weir or Lawrie, son of the younger Miss Weir, obtained the estate, being served heir to his cousin, as Colonel Bannatyne is called in the retour. George Lawrie, who took the name of Weir, was an infant at the time, and during his minority, his father, William Lawrie, popularly known as "the Tutor of Blackwood," was appointed his guardian. Mr. Lawrie was on the Committee of War for the County of Lanark, for the years 1648 and 1649. (Act Parl., vi. 298, 374.)
Chapter 5 - LANDED ESTATES, FAMILIES, AND HISTORY CONNECTED WITH THEM
In the Session Records of the parish, the lairds of Blackwood and Corhouse are associated in 1651 as elders of the kirk. On the 31st March of the following year, "Mr John Hume, minister, gave in some reasons against the laird of Blackwood, proving that he was not taxable to be ane elder, which he promised to prove by the act of the Commission of the Kirk". These reasons have not been recorded, but the session voted same day whether or not he should sit in the session, when the affirmative was carried. William Lawrie was excluded from the act of indemnity, passed in 1662, until he paid a fin of £600 Scots. (Act of Parl., vii 422-3.) It is believed Lawrie of Blackwood, granted a charter in favour of Robert Lockhart of Birkhill, to which William Lawrie, his father, consents. (Charter of the lands of Pouneill, preserved at Kerse.) In 1678, George Weir was named as a Commissioner of Supply. ( Act Parl., viii. 224.)

William Lawrie acted a conspicuous part in covenanting times. In 1666, when the rising took place previous to the battle of Rullion Green or Pentland, he, although a friend of the cause, vainly attempted to dissuade the Covenanters, under Colonel Wallace, from proceeding farther than Lanark; and again at Collinton, acting as a messenger of peace, sent by the Duke of Hamilton, vainly entreated them to lay down their arms in the hope of procuring an indemnity. He acted as mediator with General Dalziel, and conveyed the letter embodying the views of the Covenanters to the Council at Edinburgh, who received it very coolly. For this he was imprisoned, but in the following year he was allowed to come out of the Castle of Edinburgh, and to have the liberty of the town while engaged about his own affairs. In 1682 he was brought before the Council, and they, upon hearing him as to his libel, passed an act "anent our Sovereign Lord's letter in the matter under written", the preamble being in substance, that albeit it be the duty of all his Majesty's good subjects to detect, discover, apprehend, and present to justice, any guilty of treason and rebellion, who have been their tenants, and haunt upon their grounds, and that by the laws of the kingdom, the harbouring and resetting of such persons, the furnishing them with food, house, or harbour, and the allowing them to labour, manure, or occupy their lands, as if they were free persons, is as severely punishable as crimes of a high nature; nevertheless William Lawrie of Blackwood, being a person who had deeply shared in his Majesty's bounty, by acts of indemnity emitted by his Majesty, albeit he was brought under the compass of the laws for negotiating with rebels in 1666, yet he, continuing and persisting in his disaffection to his Majesty's government, had ever since, by his aiding and abetting, assisting and countenancing rebels, given them too much encouragement to persist and remain in their rebellious courses, which was manifest, in so far as the greatest part of the tenantry of Blackwood were actually in the late rebellion, and after the defeat of the rebels were received back by him as tenants of the said lands, allowed to labour and manure the ground, and he did receive mail and duty from them, and particularly John Alston, son of John Alston, miller, who murdered Cornet Graham, Thomas Allan in Mungriehill, John Rae in Kirkmuirhill, John Rae his son, and Thomas Watson in Chapel, who was afterwards killed at Airds Moss, and had reset and corresponded with them as free person, albeit the had been by the Justices found guilty or declared outlaws; whereby the said William was guilty of an open and manifest crime, for which he ought to be punished in his person and goods to the terror of others. Being called and compearing on the 7th June 1682, alleged he was no heritor of these lands, but only administrator to his children for the two proceeding years, and during that period he did not live upon the estate. The Lords sustained their libel to be proved by witnesses, and repelled the defence, in regard he had intromitted with the rents, and the vicinity of the place, and the continuance of the time, and so was presumed to know all the tennants, except he should prove that in due time he had done legal diligence to apprehend the rebels, or so to discover them that they might be apprehended, or a least put off the ground before the commencement of the process. On a subsequent day, he being absent, the witnesses were called, and it was found that those named and some others had been harboured and reset by the defender upon the lands of Blackwood, and some of them in his own family. The Lord's in regard that the crimes were of so high a nature and the probation so full, referred the whole matter to the Justices, and ordained the advocate to insist against him.

January 1st, Mr Lawrie's process before the Justiciary began, and he was indicated that after he had been brought under the compass of the law for negociating with rebels at Pentland, and was indemnified, continued in his aiding, abetting, and encouraging rebels, in as much as, when many of the tenants of the lands of Blackwood had been at Bothwell Bridge, he received them back as tenants, and received rents from them as if they had been his Majesty's free lieges, therefore, he had incurred the pain of treason, al least was art and part with them in the said crimes; and by an additional libel he was indicated for commissionating, giving orders, or conniving at Jams Clelland and James Wilson, who, it was alleged, were known rebels, coming in the month of May or June 1679 to the House of Douglas, and taking away two cannon and several horses belonging to the Marquis of Douglas, and a horse of his own, which was employed by the said rebels; and his resetting, conversing with, and furnishing leases to the said James Wilson, and employing him in his affairs after the Rebellion; and another additional article, that he allowed the said James Wilson, in Townhead of Douglas, to stay in the Castle of Douglas, though a notorious rebel.

For the panel, it was answered that the concurred no farther in the business of Pentland with the rebels than as acting under instructions from General Dalziel, to go and intimate to them the proclamation of Council to lay down their arms and submit to the King's authority; that his converse with rebels, till once intercommuned, which the above-mentioned were not, inferred no the pains in the libel; that the persons named in the libel were tenants included in the indemnity, and the lieges, consequently, in bona fide to converse with, and receive them in their lands, though they had not taken the bond of peace when not intercommuned. And it was further urged by his lawyers, that this libel could not go to an assize unless the rebels were convicted as such; that a person pursued for reset and converse could not be tried unless the principal party were first convicted; and if this order were inverted, it might happen that one might be condemned as accessary and accomplice of the alleged crime of another, who, when he came to be tried, might be acquitted of the same crime, the person first condemned being absolutely innocent; also, that a public mark or ban was not set upon the so called rebels, and the prisoner Lawrie was not heritor of the lands.

In answer, the advocate insisted upon the notoriety of the fact, though not of law, which had previously been determined by the judges. The Lords repelled the defence, found the indictment relevant, and remitted the proof to an assize, and delayed the process until February 4th. On that day, Blackwood's lawyers insisted that the libel ought not to be remitted to an assize, and advanced several defences for the panel, as that the libel was not special, that Blackwood was tutor to his grandchild, that he lived at Edinburgh, were the Porteous Rolls of Shires were not intimated, that all persons named in the libel for many years had conversed openly at fairs, markets, etc., without any person to challenge them. The advocate replied, at the Lords had already, by their interlocutor, found that it is treason to converse with person denounced fugitives, or open and notorious rebels, though not intercommuned; and the Lords repelled the defences, and in particular that of notoriety in converse at kirk, market, and fair, etc., with persons of all conditions. It was further urged for the panel, that he was no way accessary to the taking away of the cannon from Douglas Castle; that he did not converse with James Clelland and James Wilson until October after, when the were openly a his father's burial; that the horse libelled was the Marquis of Douglas's not his; that James Wilson was a common and known drover, and as such he employed him, when the whole country about him did so openly. The Lords repelled all the defences, and remitted the matter to an assize, and delayed the process until February 6th. On that day the Lords, before proof was adduced, required the panel to declare that, as to probation, he submitted to the King's will. For proof, the advocate adduced the Porteous Roll, the books of adjournal, bearing that the persons with whom Blackwood conversed were in the Rebellion. Some of them compeared, and declared upon oath that they paid rent to Blackwood since 1679, though Wodrow states he did not find that they declared they were in the Rebellion. The Rolls and books of adjournal were the ground on which the advocate was desirous that the matter should stand, and other witnesses were adduced, and deponed they heard the former converse with Blackwood, and then the jury were enclosed. On the 7th of February, the assize returned their verdict, that they found the panel guilty of harbouring and conversing with declared rebels and fugitives, proven by the deposition of witnessess, and also found by his judicial submission as to the probation that he came under the King's will. The Lords adjudged the said William Lawrie to be taken to the Market Cross severed from his body, his name, memory, fame, and honour to be extinct, and his lands forfeited to his Majesty for ever.
Chapter 5 - LANDED ESTATES, FAMILIES, AND HISTORY CONNECTED WITH THEM
After this cruel sentence was passed, the King was made acquainted with the process, and a letter arrived, dated February 24th, bearing that his Majesty had lately received an account of their proceedings against William Lawrie of Blackwood, now prisoner, and condemned to die for treason, and was well pleased therewith, and particularly with their ordering the advocate to pursue him criminally, and gave them thanks. Thereupon he was reprieved to the end of March, and after several other respites, upon the 12th January 1684, on a petition being presented by the Marquis of Douglas, the Council interceded with the King for a remission of the sentence. Lawrie was finally pardoned, but the effect of his original sentence was to spread consternation among the gentlemen of the Western shires, because it established the outrageous principle, that simple converse with persons not actually in arms, nor found guilty of rebellion, and with whom every one openly conversed and dealt, inferred the crime of treason.

We have dwelt thus fully upon the trial of Mr. Lawrie for the purpose of throwing additional light upon Covenanting times, and as affording a remarkable instance of the rancour with which an upright and honourable man was persecuted by a misguided policy on the part of the nation's rulers. In the same year (24th March 1684) the Privy Council issued an order, "That Captain Cleiland's troop be put in the houses of Covington and Blaikwood, till Strevan be ready." It was subscribed by "Aberdein Chancellor, I.P.D." The original document, containing this arbitrary order, is preserved amongst the curiosities of Adam Sim, Esq. Of Cultermains.

The Revolution of 1688 gave relief to Lawrie, and honours were soon after heaped upon him and his family. He was named a Commissioner of Militia and of Supply (Act Parl., ix. 28, 70, 139), and in 1690, was not only included in the general Act rescinding all fins and forfeitures since 1685, but had a special Act passed in his favour, reversing his attainder, and declaring his conviction in 1683 null and void. (Ibid.., ix 164,216.) His son was knighted by William III., and along with his grandson, named a Commissioner of Supply. (Ibid., xi. 141; ix. 374) Catharine Weir, only child of the latter, was heiress of Blackwood, and married in 1733 the Honourable Charles Hope, second son the second Earl of Hopetoun, who had acquired the estate of Craigiehall, by his marriage with Lady Henrietta Johnston, only daughter of William, first Marquis of Annandale.

Their eldest surviving son, William Hope of the 1st Dragoon Guards, for some time Muster Master-General of the Forces in North Britain, succeeded to the family estates of Blackwood and Craigiehall, and adopted the name of Vere. He was succeeded by his son James, who died in 1811, and was in turn succeeded by his son James Joseph, born in 1785, who married Lady Elizabeth Hay, fourth daughter of the Marquis of Tweeddale. His son William Edward Hope Vere, born in 1824, and for some time an officer of the Grenadier Guards, is now in possession of the estates. He married, in 1857, Lady Mary Emily Boyle, youngest daughter of the late Viscount Dungarvan, and sister to the Earl of Cork, and has heirs.
P.S. sorry about the bulk but there is a lot of history there.