GIFFARD OF YESTER page 2

Generation IV---Hugh Giffard II "The Wizard"

In coming to Sir Hugh Giffard II, we discuss the best-known and most famous of the Lords of Yester. Hugh Giffard is described and known in Scottish lore as a wizard, a necromancer, and a magician. Further legends describe his ability to muster a ghostly army through a pact with the devil, and the endowing of wondrous powers to the "Colstoun Pear". Sir Hugh was immortalized by Sir Walter Scott in his 1808 publication of Marmion. In Canto III, he vividly describes Hugh Giffard being summoned by King Alexander III to join in the battle against Haco of Norway's invasion of Scotland in 1263. "Hugo Gifford", as he was described in sections of Sir Walter Scott's Marmion: "A clerk could tell what years have flown since Alexander filled our throne third monarch of that warlike name, and eke the time when here he came to seek Sir Hugo, then our lord: A braver never drew a sword, a wiser never, at the hour of midnight, spoke the word of power; the same, that ancient records call the founder of Goblin hall"----"Lord Gifford deep beneath the ground heard Alexander's bugle sound, and tarried not his garb to change, but, in his wizard habit strange, came forth, &mdash, a quaint and fearful sight: His mantle lined with fox-skins white; His high and wrinkled forehead bore a pointed cap, such as of yore Pharoh's Magi wore; His shoes were marked with cross and spell, upon his breast a pentacle"----"and in his hand a naked sword without a guard".

Sir Hugh Giffard was the builder of the original Yester Castle. The castle is mentioned by name in a Yester charter of Adam de Morham, in which he cedes some adjacent land to his neighbor Sir Hugh Giffard. This charter (#16) is dated between 1250 and 1267, showing the castle was built and completed before the year 1267. Adam de Morham was the direct ancestor of Euphemia Morham, wife of Sir Hugh Giffard's grandson John Giffard. King Alexander III was at Yester Castle on May 24, 1278, where he wrote a letter to King Edward I of England. The only portion of the original castle remaining is the subterranean level, famous today as the haunted "Hobgoblin Hall". When the castle was destroyed and re-built in the early 14th century, this legendary lower chamber was the only feature retained. The village of Bothans was located on the grounds of the Yester estate in this period. Bothans was razed and moved to the modern site of the nearby village of Gifford in the 17th century. St. Bothans, the church of Yester, was consecrated by Bishop David de Burnham in 1241.

By the year 1255, Sir Hugh Giffard had become prominent in the political affairs of Scottish government. During the minority of the young King Alexander III and his wife Margaret, daughter of the English King Henry III, a council of regents had been formed to manage the government and act as guardians for the young couple. Two strong factions emerged as rivals for these positions. One was heavily represented by the powerful Comyn family and included Gamelin, Bishop-elect of St. Andrews. This group had remained in control until 1255.


The rival political faction favored by King Henry III included: Alan Durward; Alexander Stewart; Robert Brus (the grandfather of the future King Robert the Bruce); the Earls of Carrick, Fife, Strathern, and Dunbar; the Bishops of Dunkeld and Aberdeen; Walter de Moravia; David de Lindsey; William de Brechin; Robert de Meyners; Gilbert de Hay; and Hugh Giffard. King Henry III addressed this group of 15 individuals as his "beloved friends" and bestowed his protection and support for their aims on Aug. 10, 1255. (Cal. of Patent Rolls of Henry III). These 15 barons, including Sir Hugh Giffard, were appointed the new regents and guardians for seven years in an act of Alexander III on Sept. 20, 1255. Alexander III, with the support of his father-in-law King Henry III, on the same date removed the previous Comyn faction regents from his council and their offices. In the Patent Rolls of 39 Henry III, in a document dated Sept. 24, 1255, Hugh Giffard of Scotland was issued letters of protection for seven years by the King of England.

The next year, Bishop-elect Gamelin, one of the deposed Comyn supporters, went to Rome to meet with Pope Alexander IV. Pleading abuse by the new regents, Gamelin asked for excommunication of his enemies. In 1257 the Pope passed a sentence of excommunication on the regents appointed in 1255. Also in the year 1257, William Comyn seized King Alexander III and forced him to depose the 15 excommunicated 1255 regents. Nearing open warfare, a new compromise regency was formed in 1258 which was weighted to the advantage of the Comyn faction and included Gamelin. The political anymosity of these opposing groups will extend through their descendants well into the 14th century. Sir Hugh Giffard was one of the eleven former members not included in the new 1258 regency. Presuming the excommunication sentence would have included Hugh Giffard, perhaps this may have been the original source of the legends concerning his dealings with the Devil and his skills in the black arts.

Other charters and documents relating to Sir Hugh Giffard II: In Liber de Melros II No. 393, Sir John Giffard confirms that his grand-father Sir Hugh Giffard had made a gift to the Monks of Melrose Abbey of one toft and croft plus two oxgangs of land in his town of Yester. Sir Hugh Giffard is found as a witness to two charters of Neubotle Abbey, this was the same Abbey that contained numerous charters of his Giffard ancestors. The earlier of the two Neubotle charters likely can be dated to the late 1240's, the second charter, where witness Hugh Giffard is titled "Lord", is certainly post 1250. In Yester writ #17, Sir Hugh Giffard makes a gift of his land of Snoc in the town of Berwick to his servant Richard Soylard. Sir Hugh describes Soylard as his merchant, and that he buys and conducts business for him between Yester and the town of Berwick. Hugh Giffard also makes provisions of lodgings, a groom, and two horses for Richard Soylard during the travels necessitated by their tradings. Evidence shows that Richard Soylard was in the service of the Yester Giffards at least as early as the year 1244.

In 1259, Sir Hugh Giffard and four others are accused of interference in land possesions, this would likely have been another part of the on-going political friction of the decade. Sir David Dalrymple in his annals, written in the late 18th century, stated that Sir Hugh Giffard died in 1267. However, in the state papers of King Edward I, a document pertaining to Scotland is found which is dated Nov. 3, 1278 to Jan. 16, 1279. This document contains very strong evidence that Hugh Giffard II of Scotland was still living in the year 1279.

Considering the large amount of documents relating to Sir Hugh Giffard "the wizard", it is surprising that the identty of his wife is never stated. She certainly would have been a daughter of one of the major 13th century Scottish families.

Children of Sir Hugh Giffard II "the wizard":

1. Sir John Giffard II---born circa 1255-1260. Sir John Giffard is proven as the son and heir of Sir Hugh Giffard, and the next direct generation in Yester writs #18 and 22. Sir John Giffard and his wife Isabel are discussed in the following Generation V chapter.

2. Margaret Giffard---born circa 1260. A likely daughter of Sir Hugh Giffard II. She is believed to have married Alexander de Seton.

3. Ada Giffard of Yester---born circa 1255-1260. Married to Sir Andrew Gray of Broxmouth. Appears to be of the correct generation to have been a daughter of Sir Hugh Giffard II.

Melrose Abbey

Melrose Abbey was founded by King David I in 1136, and is the burial place of the heart of King Robert the Bruce. Sir Hugh Giffard II made a gift to Melrose Abbey of lands located in his town of Yester during the mid 13th century. (Photo by Bruce Morrison in May of 2000.)

Generation V---John Giffard II---Isabel

Sir John Giffard, son of Sir Hugh Giffard II, appears in the 1296 Ragman Rolls where he is listed as a knight. The information given indicates that he signed the rolls at Berwick upon Tweed. The Ragman Rolls were a document that nearly all the barons and landowners of Scotland were forced to sign pledging loyalty to King Edward I of England.

The proof and documentation that this Sir John Giffard II is the son of Sir Hugh Giffard II and the father of the next Sir John Giffard III, (married to Euphemia Morham), is found in the Yester writs #18 & 22. This generation in the Lords of Yester is often said to have been a William Giffard, but examination of the Yester writs prove this to be erroneous. In Yester writ #18, dated circa 1320, Hugh Fotheringay writes a charter concerning exchange of lands with Sir John Giffard III. Fotheringay states that he is returning the lands of Balnoch in Tealing to John Giffard which his deceased father Sir John Giffard had gifted to him. Hugh Fotheringay also states that Isabel, the mother of Sir John Giffard III, is still living at the time of the charter. Additional confirmation of the line of succession i.e., (Hugh II--John II--John III), is found in writ #22 where John Giffard III states his grand-father was Sir Hugh Giffard. The date of this document is circa 1327.

Hugh Fotheringay (Fotheringham) is certainly the same Hugh Fotheringay of Perth who signed the Ragman Rolls in 1296 along with Sir John Giffard II. There would seem to be a close connection between these two individuals of the same generation. Sir John Giffard's only known charter is the one making a gift of the Tealing lands to Hugh Fotheringay. Another curious fact is found in the great similarity of the respective coats of arms of the two families. Giffard of Yester being gules, three bars ermine; Fotheringham of Scotland being ermine, three bars gules. (Fotheringham being the later spelling of the Scottish Fotheringays.)

The later adult years in the life of Sir John Giffard and his wife Isabel would have been ones of turmoil and difficulty, owing to the Scottish wars of independence with the English Kings Edward I and Edward II. The period 1296-1315 saw the great battles of Falkirk, Stirling Bridge, and Bannockburn. The rise of the Scottish legendary heros William Wallace, Robert the Bruce, Simon Fraser, and James Douglas also occurs in this period. The English invasion of Scotland led to the taking and occupation of Yester Castle in 1306. The fate of Sir John Giffard II and Isabel at this time is not recorded. Scottish families were often split in loyalty to Scotland or England during this period and often changed their allegiance between the opposing armies. In June of 1311, the Scottish forces of Robert the Bruce regained Yester Castle from the English. In order to deny its re-occupation by the English, the castle was leveled to the ground by the Scots. Sir John Giffard's son would rebuild Yester Castle in a newer form and style a decade later.

Sir John Giffard II died prior to 1320, his spouse Isabel is known to have lived past this date. The son and heir of Sir John Giffard II and his wife Isabel was:

Sir John Giffard III born circa 1285-1290. He married Euphemia Morham by 1220, and succeeded as the next Lord of Yester. (Discussed in the next Generation VI chapter.)

Generation VI---John Giffard III and Euphemia Morham

Sir John Giffard III had become the Lord of Yester
by 1320. Following the Declaration of Arbroath in 1320, which declared the independence of Scotland from English rule, Sir John Giffard restored the fortunes of the Giffard of Yester family. He completed the total rebuilding of Yester castle into it's final and expanded form, and through his marriage to Euphemia Morham added the extensive holdings of Morham, Dunipace, and Duncanlaw to the Yester estates.

Sir John Giffard, during his tenure as Lord of Yester, produced charters to two of the great Scottish border abbeys. Both of these charters can be dated circa 1322-1327. In the charter to Melrose Abbey, John Giffard states that for his soul, and that of his wife Euphemia, he confirms the original gift of his grand-father Lord Hugh Giffard. " To the House of Melros, forever one toft and croft in my town of Yestir, and two oxgangs of land in the tenement of the said town". The other charter is found in the Liber S. Marie de Dryburgh. In this charter to Dryburgh Abbey, Sir John Giffard III pledges a yearly amount of silver money from his village of Bothans to the Abbey. This was from the land in Bothans which Sir John de Leys held of Sir John Giffard and his heirs. In a Yester writ of 1375, decades after the death of Sir John Giffard, a de Leys descendant will be held to continue this pledge to Dryburgh Abbey in the name of the deceased Sir John Giffard, Lord of Yester. The yearly amount stipulated in the 1375 writ was six shillings and eight pence sterling. The present day purchasing power of this 1375 amount would be the equivalent of $308.

A very important charter is found in Yester writs # 19, which was dated on the 18th of May, 1322. It is a confirmation charter of King Robert the Bruce, and witnessed by Sir James Douglas "The Good", Sir Robert de Keith, Walter the Stewart of Scotland, and other prominent Scots. In this charter John Giffard (knight) and his spouse Euphemia receive all the hereditary Morham lands of Morham, Duncanlaw, and Dunipace. Morham and Ducanlaw are in East Lothian near Yester, Dunipace is located in Stirlingshire. These lands are given to Sir John Giffard and Euphemia by the aged Sir Thomas Morham, noted Scottish patriot. From this document it can be deduced that Euphemia is the major heiress and last of the direct Morham line. It should be noted that one clause of reversion in the charter implies that the couple had not produced any heirs as of 1322. Sir Thomas Morham "the elder" of the document is commonly assumed to have been the father of Euphemia, but strong evidence can be produced that he was in fact her grand-father. A complete study of the Morham ancestry of Euphemia, which can be proven to the 12th century, is presented in a companion web site entitled Morham of Scotland. http://community.webtv.net/NUbrubun55/MORHAMOFSCOTLAND

In a charter dated November of 1327, Sir John Giffard settles a long lasting dispute with the Nuns of Haddington over the Giffard owned access roads to the Nunnery. John gurantees, on the "weal" of his soul and the soul of his wife Euphemia, that they and their heirs will protect and give free access to the roads and paths leading to the Nunnery lands. The dispute with the Nuns of Haddington will re-surface again in the 15th century with the de Hay descendants of the Yester Giffards. In this charter, Sir John Giffard III describes himself as Lord of Yester and the Baronies of Morham and Duncanlaw. Dated at Yester Castle, Nov., 1327. This is the last exact date at which Sir John Giffard is known to be living.

The final charter of this generation is found in Yester writ #24. It is produced by the widowed Euphemia Morham, in which she grants a half carucate of land in her tenement of Barrow to Richard de Dale and his heirs for his faithful service. In addition, she grants de Dale the right to grind his grain at her mill of Duncanlaw, and that she and her heirs will defend the land granted to de Dale. The witnesses to this charter provide a great deal of vital information in being able to date the document. Among the witnesses were Lord James Douglas "The Good"; Robert de Keith; Alexander de Seton; Robert de Lauder; and Henry Sinclair. In the charter, Euphemia states that she is a widow and the spouse of the deceased Sir John Giffard. As Lord James Douglas left for Spain in the spring of 1330, and was killed in battle there in August of that year, this undated charter must have been written in 1328 or 1329. Sir John Giffard was living as of Nov., 1327, and hence Euphemia's charter fixes his death in the 1328-1329 time period. The apperance of Lord James Douglas as a witness in this rather minor charter would seem to be significant. He was also a witness in the 1322 Yester confirmation charter of King Robert the Bruce, but this would be expected as he witnessed a great many of Bruce's documents. Lord James Douglas will be discussed later in relation to the parentage of Joanna Douglas, the future daughter-in-law of Sir John Giffard and Euphemia Morham.

Another interesting fact found in Euphemia Morham's charter is that she styles herself as Euphemia "Giffard", adopting the use the deceased husband's surname was a common practice of widows. In their widowhood, both her daugher-in-law (Joanna Douglas), and her grand-daughter (Joanna Giffard), will follow the similar practice of using the surname of their deceased husbands.

After the Scottish defeat at the battle of Halidon Hill in 1333, the Haddington area including Yester came under the control of the English King Edward III. In the state papers of Edward III, the Haddington Sheriff's report of Oct.,1336 gives the status of the Barony of Yester. No persons in Yester are mentioned in the report, and it appears the Barony was in temporary abeyance. As the next Lord of Yester, Hugh Giffard III, would certainly have still been in his minority at this time, and his lack of mention would be expected. In other Haddington land holdings, widows and adult females are sometimes mentioned in the 1336 report. As Euphemia does not appear by name in the Yester report, it may be an indication that she had re-married and was living elsewere, or that her death had occured prior to 1336.

Children of Sir John Giffard and Euphemia Morham:

1. Hugh Giffard III (circa 1322-1365). Son and heir and the next Lord of Yester. Married to Jonet (Joanna) Douglas circa 1345, he will be the last Giffard who would be Lord of Yester. The line will end with the four daughters who are co-heiresses of this couple. (Discussed in the next generation VII chapter.)

2. John Giffard ?. He is found as a witness in one of the Yester writs done circa 1365-1370 after the death of Hugh Giffard III. If he were a younger brother of Hugh Giffard, he would not have become Lord of Yester, as Hugh died leaving legitimate heirs. (John Giffard may possibly have been the unknown father of James Giffard of Sheriffhall. This James Giffard of Sheriffhall, (born circa 1360), has sometimes been said to be a son of Hugh Giffard III of Yester. This would of course be impossible, as the above mentioned Hugh Giffard III and Joanna Douglas only had the four daughters who became co-heiresses to the Yester estate. Another possible origin may be the Giffards of Berwickshire, the earliest being a James Giffard of Horndean in Berwickshire found in a 1269 charter of Alexander III. Hugh and James Giffard of Berwickshire sign the Ragman Rolls, and a later Sir Hugh Giffard was Sheriff of Berwickshire circa 1335. The relationship of the Berwickshire Giffards to the Yester family is not known.)

Dryburgh Abbey

(Photo May, 2000) The tomb of Sir Walter Scott at Dryburgh Abbey. Seal of Sir John Giffard in the upper right corner as found in the Liber S. Marie de Dryburgh. Sir John Giffard's seal was attached to his charter to Dryburgh Abbey circa 1325.

Generation VII---Hugh Giffard III & Joanna (Jonet) Douglas


Sir Hugh Giffard III will become the last Lord of
Yester in the male line, which had begun with the first Hugh Giffard in 1166. Hugh Giffard III came of age after 1340, and is first found in a charter dated Oct. 15, 1345. This was a confirmation charter of King David II regarding the granting of the lands of Lethington to Sir Robert Maitland of Thirlestane by "Hugh Giffard, son of the deceased John Giffard of Yester." A second confirmation of King David II was to a charter of Hugh Giffard, Laird of Yester, to John de Douglas son of James, Lord Douglas, concerning lands in the baronies of Yester, Morham, Duncanlaw, Tealing, Polgavie, and Herbertshire. (Great Seal of Scotland #1008). The purpose or intent of this charter remains unclear, and is not mentioned in the Yester writs. The charter is undated, but is very likely to have been done in 1346. The only other charter in which Hugh Giffard III may be found occurs in Yester writ #26, which was dated "Tuesday after Feast of Holy Trinity A.D. 1350". In this writ he is titled Hugh Giffard, Lord of Yester, a noble and discreet man. He grants to the east end construction of the Haddington Bridge two tenements and pieces of land in the north end of the village of Giffardgate. A comparison of the terms of address used for Hugh Giffard in these charters would imply that he was youthful in 1345, and not long into his majority. In addition, considering the evidence previously discussed in the charters of his parents, Hugh's birth must have been very close to the year 1322. Hugh Giffard III was knighted, but this very likely occurred at some time after 1350.

When Hugh Giffard III was the age of 9, he was entered into a verbal bond of marriage with the 11 year old Elizabeth Mure, daughter of Sir Adam Mure of Rowallan. The date of this agreement was about the year 1331. This marriage was never ratified or consummated, and the bond was dissolved by Papal authority on Oct. 12, 1344. By 1336/1337, Elizabeth Mure had become the mistress of the 20 year old Robert Stewart, the future King Robert II of Scotland. After two Papal dispensations, Elizabeth Mure and Robert Stewart would officially marry in 1349. Their first son, born circa 1337, would become the future King Robert III. Elizabeth Mure died by 1355, and because her husband Robert did not become King until 1371, Elizabeth was never Queen of Scotland.

All evidence points that Hugh Giffard's marriage to Joanna Douglas must have occurred about the year 1345. The couple would have four daughters who become the co-heiresses of all the Yester estates in the latter portion of the 14th century. (The four co-heiress daughters will be discussed in the final chapter.) It is very obvious that Hugh Giffard and Joanna Douglas could not have had any male heirs as sometimes has been suggested. The death of Sir Hugh Giffard III must have occurred before 1366, as his widow Joanna Douglas had a Papal commission dispensation (March 16, 1366) to marry Sir Nigel Cunningham. (Scots Peerage Vol. IX). Evidence in the Yester writs indicates that her second husband, the elderly Sir Nigel Cunningham, would function and be titled as the Lord of Yester for the next 10 or more years. The four daughters, and eventual heiresses of Hugh Giffard, would have been in their minorities at the period of his death and the re-marriage of his widow. With the death of Sir Hugh Giffard III, the seven generations in the male line of the Giffards of Yester would come to a close.

Joanna Douglas is found in three Yester writs, all after the death of Sir Hugh Giffard and her subsequent marriage to Nigel Cunningham. These writs are dated March 10, 1375; Feb. 5 &15, 1398; and the last in 1400. The first writ of Nigel Cunnigham which was placed in the Yester charter chest was dated 1362. Cunnigham family writs are found in the Yester charter chest for about a 20 year period. In the 1375 writ (# 32), Nigel Cunningham identifies himself as Lord of Yester and that Joanna (Jonet) Giffard is his wife. In the writs of 1375 and 1398, her first name is given in the Latin version as "Jonet". The writ of 1400 (Yester #43) was done in English rather than Latin, and in this writ she is found to be termed the more familiar "Johanna". This writ was done by the young Tassy Maxwell, who twice states Joanna "Giffard" the Lady Superior of Yester to be his Grandmother. (Tassy Maxwell was the son of Mary Giffard, youngest daughter of Hugh Giffard and Joanna Douglas.) Joanna Douglas was still living as stated in the 1400 charter, and must have been near the age of 75. Joanna Douglas had adopted the common practice of using the last name of a deceased husband after his death. Thus the references to her as Joanna "Giffard". Her mother-in-law Euphemia Morham had done this in 1328, and her eldest daughter Joanna Giffard also did the same after the death of her husband Sir Thomas de Hay. This eldest daughter appears to have joined her aged mother Joanna Douglas at Yester after the death of Thomas de Hay at Locherworth c. 1392. Daughter Joanna Giffard is found to have termed herself Joanna "Hay", the widow of Thomas de Hay, and a Lady of Yester in a 1399 document. The term "Lady Superior" seems to have been used to identify the older Joanna Douglas from her daughter Joanna, as both appear to be called Lady of Yester by 1398.

Ancestry of Joanna Douglas:

Joanna Douglas has been stated to be the daughter of Sir James Douglas "the good" and also the daughter of Sir James Douglas of Lothian in a few internet sites. Unfortunately, these sites give no sources or any documentation for the statements. (The Scots Peerage does not list Joanna as a daughter of either Sir James Douglas). Both James Douglases would fit the time frame of Joanna's birth, but Douglas of Lothian, who dies in 1323, would seem the less likely from a dating standpoint.

The charter of Hugh Giffard to John Douglas made circa 1346 concerning Giffard lands may provide some clues. This charter would be close in date to Hugh Giffard's marriage to Joanna Douglas, and would likely be a Douglas related to Joanna. John de Douglas is stated as having been the son of James, Lord Douglas in the document. This seems like a reference to one of the above discussed Sir James Douglases, but a contradiction exists as to which. James Douglas "the good" was always referred to as "Lord Douglas", but had no known son John. James Douglas of Lothian had a second son John who was killed in 1349, but was always addressed as Sir James Douglas "of Lothian".

The 1366 papal dispensation given at the time of Joanna's second marriage to Nigel Cunningham could provide a definitive answer, but a critical piece of information is lacking. The dispensation says: "Joanna Douglas is related to Nigel Cunningham in the third degree of affinity". This means she is not related to Nigel Cunningham by blood (consanguinity), but a second cousin to someone who was closely connected to him. In all likelyhood this was his deceased first wife. If her name could be discovered, proof of Joanna's ancestry would be possible. Other connections of Hugh Giffard and Joanna's descendants with the Black Douglas line provide clues and suggestions, but no absolute proof of the Douglas ancestry of Joanna. Joanna Douglas certainly is descended from the Douglases originating with Archibald Douglas in the early 13th century. But whether her descent is through the Black Douglas line of Sir James Douglas "the good", or their cousins the Douglases of Lothian requires more documentation to resolve.

In Summary: Hugh Giffard III ( c. 1322-1365) married Joanna Douglas in 1345/46. After the death of Hugh Giffard, Joanna Douglas married Sir Nigel Cunningham as her second husband in 1366. Joanna Douglas can be shown to be living as late as the year 1400 in the Yester charter of her grandson "Tassy" Maxwell.

Children of Hugh Giffard and Joanna Douglas:

1. Joanna, who married Sir Thomas de Hay of Locherworth.

2. Alicia, who married Thomas Boyd of Kilmarnock.

3. Euphemia, who married a McDowell of Mackerston.

4. Mary, who married the father of Eustace "Tassy" Maxwell.

VIII. The Giffard (Gifford) Heiresses

The four daughters of Hugh Giffard and Joanna Douglas represent the end of the Giffard of Yester line. The Giffard properties would be divided and inherited by their respective four eldest sons William de Hay, Thomas Boyd, Eustace Maxwell, and Dougal McDowell.

A major source of error concerning the four Giffard heiresses arises in the interpretation of the 1420 and 1421 charters (Yester writs 53,54, &55) which created a collegiate church out of St. Bothans Kirk. St. Bothans is better known as the church of Yester. It has been said in some early sources that the Giffard heirs and patrons named in the documents (William de Hay, Thomas Boyd, Eustace Maxwell, and Dougal McDowell) were the husbands of the Giffard heiresses. This has led to ridiculous pedigrees that even would have William de Hay married to his own mother! The Giffard heirs named are the SONS of Joanna, Alicia, Mary, and Euphemia. The only husband living and who was present in the documents may have the very elderly Thomas Boyd Sr. His son Thomas Boyd Jr. is also present, and must give his permission for the Boyd portion of the grant, as he is the true heir of his mother Alicia Giffard. A wealth of other information (charters, dating, etc.) proves that the sons of the four Giffard heiresses are the individuals named in the St. Bothans documents, not their husbands.

Joanna Giffard was the eldest of the four daughters, and was probably born in the period 1345-1350. She married Sir Thomas de Hay of Locherworth circa 1369. Sir Thomas de Hay had been one of the pledged hostages held by the English as part of the treaty arranged for the release of King David II. He was appointed the Sheriff of Peebles before 1373, and died between 1395 and 1399. In 1386 (Yester writ 35), Sir Thomas de Hay was called to represent the portioner interests of the four heiresses in the land of Ochtercummane. On Dec. 1, 1399, Joanna Giffard confirmed an earlier (1345) charter of her deceased father John Giffard. The document describes her as: "Joanna Hay, Lady Yester, spouse of the deceased Sir Thomas de Hay of Locherworth". Joanna Giffard was still living in January of 1401. The known children of Sir Thomas de Hay and Joanna Giffard were: 1. Sir Willam de Hay, (eldest son and heir who married Alicia de Hay of Erroll). 2. John de Hay. 3. Daughter who married Sir William Borthwick.

Sir William de Hay's seal on the St. Bothans charter of 1420 is the earliest example of heraldry showing the quartering of the de Hay arms of his father and the Giffard arms of his mother. The well-known Marquis of Tweedale Hays, later direct descendants of the line, will still retain the ancestral Giffard arms (gules, three bars ermine) as a portion of their heraldry into the 20th century.

Euphemia Giffard was one of the two younger daughters of Hugh Giffard and Joanna Douglas. She was probably born in the mid 1350's. Euphemia married a McDowell of Mackerston circa 1375. (Possibly Uchtred McDowell). Mackerston is in the county of Roxburgh near the southern Scottish border. The McDowell of Mackerston arms were: azure, a lion rampant argent. Dougal McDowell was the son of Euphemia Giffard, and received one quarter of the Yester, Morham, and Duncanlaw holdings as heir of his mother. This was confirmed in a charter of the Duke of Albany dated March 11, 1410. His first cousin, William de Hay was a witness to the 1410 charter. Dougal McDowell was one of the four sons and heirs who endowed the collegiate church of St. Bothans in 1420. Dougal McDowell of Mackerston was still living in 1440, when he resigns his fouth part of Yester, Duncanlaw, and Morham to his son Duncan McDowell. Duncan had married his second cousin Elizabeth de Hay, the daughter of Sir William de Hay. Euphemia Giffard was still living in March of 1410 as stated in the charter of her son Dougal. (Great Seal of Scotland #925)

Mary (Margaret) Giffard, perhaps the youngest of the four Giffard daughters, was the mother of Eustace "Tassy" Maxwell. Less is known on this heiress daughter and her descendants than on any of her three sisters. Her son "Tassy" Maxwell is first found in the 1400 charter where he states Joanna (Douglas) Giffard was his grand-mother. He does not have his own seal at the time of the charter, and gives his title as the lord of one third of Strath Ardel (Perthshire). Eustace Maxwell does have his own seal when he appears as one of the four heirs in the 1420 St. Bothans charter. The christian name of the Maxwell who was the husband of Mary Giffard has not been found. Tassy Maxwell possibly may have been a grand-son of Sir Eustace Maxwell, Lord of Kellie in Fife. This Sir Eustace Maxwell died prior to 1358 with his wife Elena surviving him. The Maxwells of Tealing appear to be descendants of Tassy Maxwell, as Tealing was long one of the Giffard of Yester holdings. (A William Maxwell of Tealing appears in a 1449 Great Seal document in connection with Edmund de Hay and Annabella Boyd his wife, both of whom were Yester descendants).

Alicia Giffard was the second oldest of the daughters of Hugh Giffard of Yester. She married Thomas Boyd, who was the Lord of Kilmarnock in Ayrshire. Thomas Boyd was living in 1409 (Wood's Peerage), and was the only one of the four husbands of the heiresses present at the endowing of the collegiate church of St. Bothans in 1420/21. He makes the endowment with the consent and approval of Thomas Boyd the younger, his eldest son and heir (Yester writs 53 & 55). It is possible that the two Thomas Boyds in the 1420 charter were the son and grandson of Alicia Giffard, but the nature and purpose of the endowment strongly suggests it indeed was her aged husband and her son Thomas. Thomas Boyd the younger is the only identified child of Alicia Giffard and Thomas Boyd of Kilmarnock. He married Joanna Montgomery circa 1400, and died at Kilmarnock on July 7, 1432. On Jan. 10, 1452, Robert Boyd, the great-grandson of Thomas Boyd and Alicia Giffard, gave his 1/4 inheritance of Yester, Morham, and Duncanlaw to Sir David de Hay of Yester in exchange for the Barony of Tealing. Robert Boyd retained the advowson of the collegiate church of Bothans. (Yester writ #97).

The de Hays had sold a portion of Locherworth to Sir William Borthwick by 1430, and would make Yester Castle their major residence in the 1430's. By the exchange with Robert Boyd in 1452, they controlled half of the original Yester inheritance. Full de Hay ownership and control of Yester was to be completed by 1512. The McDowells of Makerston appear to have retained their quarter inheritance of Morham and Duncanlaw to at least 1500.
Yester Castle came under attack in 1547, and was again occupied by the English in 1548. (Wars of the "Rough Wooing" of King Henry VIII 1544-49). Retaken by the Scots shortly after, it was in a damaged state and was abandoned by the Hay family in 1557 in favor of a newly constructed tower house built close by. The castle would become it's present day ruin by the early 17th century. The Hays of Yester were elevated to peerage in the 17th century, and began the construction of the existing present day Yester House in 1697. The Hay family remained owners of Yester until the late 1960's. Yester House and it's estates would be purchased in 1972 by the composer Gian-Carlo Menotti. Yester had been the property and home of the Giffards and their blood descendants the de Hays for 800 consecutive years.

Summary and Sources

The Giffards of Yester and the Morham families offer a fascinating account of life in medieval Scotland. Not being peerage or royalty, a detailed study of their ancestry has not been presented to date. However, an accurate pedigree can be compiled through the surprising wealth of material available in the charters and writs of Yester and the early Scottish Abbeys. It is hoped that this site has added new information, corrected datings, and provided missing generations to the families. Some questions remain to be answered such as the name of three of the Giffard wives, the relationship with the Fotheringham family, the connection to the Giffards of Horndean in Berwickshire, and the parentage of the first Hugh Giffard and his brothers.

I want to express my deepest gratitude to my wife Barbara Morrison for her invaluable assistance in researching and preparing the Giffard and Morham web pages. I also wish to thank the libraries which provided the many and rare source materials needed for the project: (Family History Libraries in Lexington and Salt Lake City; University of Kentucky; University of Michigan; University of Florida; Smith College; University of California at Los Angeles; Appalachian State University; Iowa State University; and the University of Chicago).

Bruce & Barbara Morrison

Contact: NUbrubun55 (at) webtv.net

Primary Sources

Calendar of writs preserved at Yester house 1166-1503; Liber S. Marie de Neubotle; Calendar of Documents relating to Scotland; Liber S. Marie de Dryburgh; Liber S. Marie de Melros; Regesta Regum Scottorum, Vols. I, II, V, & VI; Hand Acts of Alexander II; Hand Acts of Alexander III, the Guardians & John; Lindores Abbey Chartulary; Coldingham Priory Charters; Inchaffray Abbey Charters; Calendar of the Laing Charters 854-1837; History of Northumberland, Hodges; Acts of the Parliaments of Scotland; The Kingdom of the Scots, G.W.S. Barrow; Northumberland and Durham Deeds; Earl, David of Huntington, Stringer; General Armory of England, Scotland, & Wales; The Exchequer Rolls of Scotland; Registrum S. Marie Cambuskenneth; Registrum Magni Sigilli Regum Scotorum; The Surnames of Scotland, George F. Black; Northampton Record Office; Coupar Angus Charters; Declaration of Arbroath; Ragman Rolls, 1296; The Scots Peerage; Marmion, Sir Walter Scott; The Great Historic Families of Scotland, James Taylor; Calendar of Patent Rolls of King Henry III; Acts of King David I & Henry, Earl of Huntington; Liber S. Thome de Arbebrothoc; The Black Douglases, Michael Brown; Deeds Relating to East Lothian, Wallace-James.

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