Cavers Kirk

FOR almost 400 years, successive generations of the Douglas clan have been laid to rest in a historic church in the Scottish Borders.

The family’s prominent place in the annals of history had been assured 300 years earlier when "The Good" Sir James Douglas, distinguished himself as the trusty lieutenant of Robert the Bruce. Sir James is also famous as the Black Douglas who inspired his army by throwing Robert the Bruce’s heart among the Moors in the battle of Teba in 1330.

From 1622, Sir James’ descendants were buried in a designated vault at Cavers church, near Hawick, where a branch of the clan also owned extensive estates and property.

Now the Douglas heritage is under threat, according to a clan society, which has issued a call to arms by urging Douglases the world over to join forces to prevent development at a historic burial site.

The foundations of the modern dispute were laid in 1820, when an American Douglas dynasty was established, as families from Cavers and other Borders towns and villages emigrated in large numbers and colonised virgin territory in Canada and the USA.

The mass exodus from the south of Scotland coincided with the construction of a replacement Cavers kirk in 1822 with the 12th century building becoming a school, then a public hall, and latterly a barn.

The former church with its ancient gravestones and colourful history, continues to draw Douglas descendants from around the globe in search of their roots. But despite that, and a protective B-listing from the historic buildings inspectorate, the ruin is set to be converted in a £250,000 scheme planned by Lancashire-born Peter Bennett.

He bought the 95-acre Townhead of Cavers estate and has upset many with proposals to turn the church into a private house.

Mr Bennett has also incurred the wrath of members of the Douglas clan in the UK and across the world.

A steady stream of e-mails have been sent conveying objections to planning officers now processing Mr Bennett’s application. The majority want the old kirk kept in its semi-derelict state, and the graves around it left undisturbed.

In his Call to Arms, John Douglas, secretary of the Clan Douglas Society of North America declares: "Dear folks, please respond to this call for help. It is our history. In this country we have laws against grave desecration."

Mr Douglas and others have taken up the verbal cudgels following an approach from Jean Muir, a retired teacher, who recently published a well-researched book on Cavers church.

Among those rallying to the cause is Dr Margaret Hellmann, from Colorado, who told The Scotsman: "There are no less than 70 different surnames buried at Cavers. They are some of the British Isles’ most illustrious families such as Buchan, Burn, Elliot, Ferguson, Laidlaw, Murray, Rutherford, Scott, Stewart and Turnbull."

Wayne M Foster snr, the vice-president of the American society, said: "We find the changing of churches to anything other than what they were built for a sacrilege and the desecration of graves as despicable."

Jean Muir claims planners and conservation agencies have completely underestimated the historical significance of the site.

Many locals are said to be dismayed by the apparent willingness of council officials to recommend Mr Bennett’s scheme for approval, although the application will not be formally considered until next month.

Craig Miller, the senior planner involved, said it seemed many of the objectors saw the future of the building as a dignified ruin.

"Surely it is preferable to find an alternative use for this type of property, which has been on the Scottish Civic Trust’s Buildings at Risk register for over ten years," Mr Miller said.

"We would make sure the development was of the highest quality to preserve the character of the church."

He pointed out that the granting of planning consent would not override the provisions of civil law with regard to disturbance of any human remains or possessions and the rights of individual heritors.

Mr Miller said Mr Bennett could find himself open to challenge if any remains were involuntarily disturbed.

If permission is given the application would be subject to a number of strict conditions, including a program of archaeological research on site before any work commenced.

The strength of opposition has surprised the developer, who said that he was prepared to discuss his plans with any interested party.

Mr Bennett said: "When I came to view the estate and saw the state of the kirk and the churchyard, I wept. I’m fully aware of its historical importance and would like to make it easier for people to access the site.

"I may decide to live in the property, although my ideal solution would be to create a meeting place for Christians. It would be my intention on my demise to hand it over to the National Trust for Scotland to safeguard its future."