BIRDS OF DUMFRIESSHIRE 
For the foUowing information I am indebted to my cousin 
Mr. Robert Gladstone, jun., of Liverpool. " The original 
document above referred to formed part of the muniments 
of Melrose Abbey, and, with the rest of those muniments, 
passed into the hands of the Earls of Morton. It is printed 
(from the original) in the Liher Sancte Marie de Metros 
(Bannatyne Club).* 
" Sumnmry of document, —DQcUraition by Alexander II., 
King of Scotland, that on 8 April, 1235, in the 22nd year 
of his reign, in the presence of himself and his barons, 
an agreement had been arrived at between the Abbot of 
Melrose and Roger Avenel regarding certain points in 
dispute between them, especially as to the sporting rights 
reserved by Avenel in respect of lands in Eskdale, comprised 
m a charter (No. 197 in the Liher) which he had previously 
granted to the Abbey. The Abbot, on the one hand, 
complamed that Avenel was going back on his charter; 
while Avenel, on the other, asserted that the monks were 
mterfering with the sporting rights which he had expressly 
reserved for his own use and enjoyment. The King and 
his Barons decided that Roger Avenel and his heirs should 
have, among other things, the following: (Translation.) 
Right to eyries of Falcons and Sparrowhawks, to the effect 
that the monks shall not intentionally do anything to 
prevent such birds from continuing to form eyries in any 
place where they are accustomed to do so, and that the 
monks shall not take the nests of Falcons or Sparrow- 
hawks within the stated boundaries, and that no trees in 
which such birds have formed eyries one year shall be cut 
down until it is ascertained next year whether the birds 
intend to make their eyries there or not, and that, if the 
birds have not then formed eyries in such trees, the monks 
may lawfuUy make any use of such trees that they may 
think proper. But in aU other parts of the estate [i.e., the 
parts where there are no such eyries] comprised within the 
boundaries laid down in the charter of the said Roger, the 
* Vol. I. (1837), pp. 181, 182, Charter 198. 
