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Brownlee Estate

In the old Barony of Mauldslie, which is part of Lanarkshire:- There is the estate of Brownlee near Garion. The Lands of Garion were part of the possessions of the church of Saint Quintigern, or Saint Mungo, in the parish of Cambusnethan, marching with the western border of the barony of Mauldslie or Brownlee. On 22nd February 1605, John Spottiswood, Archbishop of Glasgow, disponed these lands to James Hamilton, and Elizabeth Hay, his spouse, who obtained a crown charter thereto, dated 1607; but, according to existing titles, James Hamilton had been in possession in 1597. In 1610, he, by testament, conveyed the lands to Elizabeth Hay, and Claud Hamilton, his lawful son. In 1612, John, Archbishop of Glasgow, granted a charter of resignation to Claud Hamilton, and Lillias Crawford, his future spouse, reserving a liferent to Elizabeth Hay, his mother, of one-half of the thirty shilling land of Garion. In these and all subsequent writs, the lands are described as lying in the regality of Glasgow, parish of Cambusnethan, and Sheriffdom of Lanark. It is important to determine clearly the locality of Garion, which has never been otherwise than well defined in the titles, in order to a right understanding of what follows, and it would be unnecessary further to pursue the inquiry. Garion had its own “manor place, houses, biggings, yairds,” etc.

In the crown charter of 1607, besides Garion lands, is included the confirmation of a conveyance by James Livingstone, of Jerriswood, who never possessed Garion, to James Hamilton of “All and each the lands of Cowbilhaugh and Peilhous, with all and each the said James Livingstone’s lands of Brownlee, bounded by the water of Clyde on the east, and the lands of St. Mungo; and John Sommerville’s lands of Uppertown, of Cambusnethan, on the west, – which lands of Cowbelhaugh and Peilhous, with all and every my lands lying on the ‘West side’ of the burn of Garion,” etc. In the disposition on which the charter is found, slightly different, but more clear descrptions will be found as follows, namely: “All and singular the lands of Coblehaugh and Peilhouse, with all and singular the said James Livingstone’s lands lying on the ‘west side’ of the water of Garion, in the territory of my lands of Brownlee, bounded by the water of Clyde on the east, St. Mungo’s lands and John Sommerville’s lands of the Overtown of Cumbesnethan of Garion held also part of Brownlee, on the ‘west side’ of Garion burn, including the Peilhouse or tower, which he acquired from Margaret Forrest, daughter of John Forrest, in 1530”. This structure was occupied as a residence by James Hamilton and his successors. The residence of the family of Carluke parish, while taking the designation of Garion, the adjoining lands, in Cambusnethan parish, necessarily subjected him to the ecclesiastical cognisance of the Church of Carluke – not of Cambusnethan – a fact of primary significance. For example, to quote from the Session Records of Carluke: “Sess: Juli 3, 1650, The qlk day, Claud Hamilton, of Gareine, confessed his malignity in complying with the enemies in the tyme of the unlaufull engadgement, and did sweare and subscrybe the Covenant.” “Sess: 25 August, 1650, The qlk day, Claud Hamilton, of Garein, desired liberty to sett the water off the Coalheugh upon the sabbath morning, qch was granted, because it was nae work of necessity.” “Sess: 23 October, 1653, The whilk day, Claud Hamilton, of Garrein, being accused for breach of sabbath in taking journey to Edinburgh, he confessed itt, yrfor the session ordains him to come to next Lord’s day, and make publick acknowledgement yrof outt of his own seat; which he did accordingly.”

Moreover, Coblehaugh and Peilhouse at the present time are assessed for teind to the Church of Carluke, under Class II. of the Scheme of Teinds – thus: “Lord Belhaven for these parts of the lands of Brownlee called Teaponhill, sometimes called Garion; and the lands of Cobblihaugh and Peilhouse,” etc. In a decreet of valuation, Robert Hamilton of Wishaw against the officers of State, dated 24 January, 1770, there is the following statement: “As also, all and whole the lands of Coblehaugh and Peilhouse, with all parts and pendicles of the said lands of Brownlee, parish of Carluke, and Sheriffdom of Lanark.”

With the means and opportunity, it has been deemed proper to point out the fact that the Tower or Peilhouse, now called Garion Tower, and ten acres of land in connection with it, erroneously held to be in Cambusnethan, are in Carluke parish – but, nevertheless, in error, pay local taxes to Cambusnethan – except the teind, which is paid to Carluke.

A very meritorious author, Mr. Brown, formerly minister of the U.P. Church at Wishaw, in his “Historical Sketches of the Parish of Cambusnethan,” 1859, states, unhesitatingly, that the Peilhouse above-mentioned, or Garion Tower, as it is now called, is in Cambusnethan Parish, and links together in an interesting manner, incidents, in connection with the place, which could have no foundation. To quote a few of these, he says – “Two things, however, are certain, – it (the Tower), is centuries old, and in the days alike of Popery and Prelacy, was the favourite summer residence of the Archbishops of Glasgow.” He ventures to state that “it is not improbable that Garion Tower may have been built during Archbishop Beaton’s (the first of that name) time” – namely, from 1509 till 1539. He makes “Archbishop Fairfowl (1661 – 64), the occasional occupant of Garion Tower.” Archbishop Leighton, he remarks, “was probably the best Bishop who has slept under the roof of the Old Tower of Garion;” – and again, “Cambusnethan was one of the mensal Kirks, and Garion Tower, as a residence, both in locality and retirement, has peculiar attractions, it was only natural to spend his quieter days here.” Now, all this is downright fable. When among the Bishops, it may be noticed, that Mr. Brown, even on his own ground, so to speak, is not over careful in historical matters: “In these brief notices of the episcopal proprietors and occasional occupants of Garion Tower” – he complacently remarks, “special mention must be made of the immediate predecessor of Paterson – Archbishop Leighton.” Now, students in history are taught that betwixt Paterson and Leighton – Burnet, Ross and Cairncross, bore the mitre!

The Tower pointed at in these details is the Peilhouse, so particularly noticed in the Titles to part of Brownlee, not situated in Cambusnethan Parish. The Peilhouse, or Tower, was in the possession of James Livingstone, of Jerviswood, seventy-five years before Garion was conveyed by Bishop Spotiswood to James Hamilton. In fact, the Tower, nor any part of Brownlee, ever was in the possession of the Church, or occupied by Bishops. In Leighton’s time, even the lands of Garion, in Cambusnethan Parish, had ceased to be in the possession of the Church for sixty-five years!

The Tower, or Peilhouse, with Coblehaugh, comes, then, within the range of Carluke, and has accordingly been noticed as one of the several portions of the barony of Mauldslie, now separated from that once extensive property.

These remarks seem to be specially called for, in the notices of property in Carluke Parish, in order to aid future enquirers.

Coblehaugh and Peilhouse, and Topenhill
Lord Belhaven’s Lands of Brownlee

The lands of Brownlee, including Coblehaugh and Peilhouse, were originally in the Barony of Mauldslie, but it is not known from whom James Livingstone, of Jerviswood, the first person found exercising right in connection with these lands, acquired the right.

Before 1530, James Livingstone, of “Geroswod and Brunle”, by charter of alienation conveyed the lands of Cowbilhaugh and Peilhous, situated on the west side of Garion-burn, part of the lands of Brownlee, in Carluke parish, to John Forrest. Daughter of John Forrest, conveyed “Cobelhaught and Peilhouse”, in the territory of “Brunle, and barony of Gerviswode”, in favour of James Hamilton in “Garyn” and on the following day James Livingstone of “Gerviswode”, the superior, granted a charter confirming the above conveyance.

On 21st July, 1597, James Hamilton, ‘then of’ Garion, son of Robert Hamilton, was infeft in the lands of “Cowbillhouse and Peilhouse”, upon a precept of clare constat in his favour, by “William Lyvingstoun, of Gereswod”.

By the Crown charter of 1607, formerly quoted, James Hamilton of Garion, was confirmed in the same lands – namely, “All and singular the lands of Coblehaugh and Peilhouse, with all and singular James Livingston’s land lying on the ‘west side’ of the water of Garion, in the territory of Brownlee, bounded by the water of Clyde on the east; St. Mungo’s lands, and John Sommervill’s lands, of the Overtown of Cambusnethan, on the west parts”. Claud Hamilton, in 1612, succeeded to his father, and has a charter in favour of himself and of Lillias Crawford, daughter of Andrew Crawford, burgess of Paisley.

Brownlee Estate Mauldslie

Claud, son of Claud Hamilton of Garion, under a cedreet of appraising at the instance of Robert Whitehead, of Park, dated 22 August, 1662, was charged to enter as heir to his father, to “All and Haill the lands of Brownlee, which appraising was conveyed to James Johnston of Straton, in 1677 – and was ultimately acquired his father, in 1701” who acquired a crown charter of appraising of the lands. He, on 24th March, 1704, conveyed to William Hamilton, his grandson, “All and Haill the lands of Peilhouse and Craig thereof, and Coblehaugh, together with sixty-five acres of the lands of Brownlee, lying next adjacent thereto, and upon the south-east side of Garion-gill burn”. It has not been ascertained how these sixty-five acres, commonly called Topenhill, were acquired, but they were held by Claud Hamilton; and in a charter of novodamus, granted by Daniel Carmichael (then superior), in favour of Wm. Hamilton, the sixty-five acres are particularly specified, ‘and’ the lands of Coblehough and Peilhouse. In 1775 a precept of clare constat confirming these several lands, was granted by William Harvie of Brownlee (then superior), in favour of William Hamilton of Wishaw. He was succeeded by his son William Hamilton, afterwards Lord Belhaven and Stenton, who had a precept of clare constat from the superior, William Harvie, of Brownlee, dated 1785. Robert Montgomery Hamilton, Lord Belhaven and Stenton, succeeded, and had a charter to the above lands, dated 15 Nov, 1845, from James Harvie of Brownlie, who had succeeded his uncle.

It might be well to trace the superiority of Brownlee as it passed from the Livingstones. John Livingstone, who conveyed the lands of Coblehaugh and Peilhouse, previous to 1530, was, as superior, succeeded by William Livingstone if “Gereswod"; and, in 1641, William and James Livingstone resigned the right of superiority of the lands of Brownlee to James Maxwell of Calderwood, proprietor of the lands and barony of Brownlee, afterwards held by various proprietors of Mauldslie till 1750, when the Rev. William Steel acquired the right, on purchasing Brownlee and Bowmanhirst from Daniel Carmichael. This right passed by succession to Thomas Steel, his brother, and by him desponed to William Harvie of Brownlee, who was succeeded by his nephew, James Harvie, under a deed of entail.

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