court of Dunblane, in litigation as to the mortuary of one hundred shillings (usual money of Scotland) of the late Tristram of Gorthy, between Nicholas, abbot of Inchaffray (represented by Laurence Fethill, chaplain, the abbot's proctor) and William of Fowlis, vicar of the parish church of Fowlis. After the parties had been heard and witnesses sworn and examined, and the executors of the deceased having been cited and appearing, the bishop (Robert) of Dunblane, after having taken counsel with his assessors and those learned in the law, pronounced definitive sentence, namely, that, according to the foundation of the vicarage, mortuaries, 'whole and entire,' of the parish church of Fowlis were due to the abbot, and mortuaries divided and not whole, were with the accustomed offerings, to go to the vicar of Fowlis. The one hundred shillings were therefore to be paid to the abbot or his proctor, and the expenses of the suit were to be paid by the vicar. The taxing of the expenses was reserved. The bishop's round seal affixed. These things were done in the cathedral church of Dunblane, at eleven o'clock, or thereabout, before noon, day and year as above. The notary signs with his usual sign and subscription.

CLI

[Grant by King James Iv. of leave to dig a stank.]

James, king of Scots, makes known that he has learned that because of the marshes and the excessive inundations in his meadow-land on the north of the monastery of Inchaffray there was safe access to the monastery for neither men nor horses. Desiring to serve the monastery, and in recognition of the daily prayers of the religious on behalf of him and his successors, he grants to George, the abbot, and his successors full leave for making and digging a stank or canal (foveam) in the meadow-land from north to south, by which victuals, fuel, and other things can be conveniently brought to the monastery by little ships or boats. He forbids any one offering impediment to the abbot in this matter, under threat of fitting punishment. Great Seal. At Edinburgh, 22 January 1488-9, in the first year of his reign.

ABSTRACTS OF CHARTERS, ETC., IN

THE APPENDIX

I

[Charter of King William confirming certain lands to
Malise, son of Ferteth, earl of Strathearn.]

William, King of Scots, makes known that he has granted, and by this his charter confirmed, to Malise, son of Ferteth, earl of Strathern, Mothel and Tuliedel and Oggoueli and Barderal and Kinkarden and Ouctermafen and Rossi by the right marches of the same lands. To be held by him and his heirs, of Earl Gilbert, his brother, and his heirs in fee and heritage: in wood and plain, in lands and waters, in meadows and pastures, in mills and stanks, in forests and hunting-services (tristris) [of vassals], in moors and sheilings, and all other just pertinents: with sac and soc, with tol and tem, and infangenthef, with gallows and pit, as freely, quietly, fully, and honourably as the charter of the aforesaid Earl Gilbert testifies and confirms, by the service of one knight. Witnesses at Perth. [1172-8.]

.

II

[Grant of the lands of Madderty by King William to

Earl Gilbert.]

William, king of Scots, makes known that he has given and confirmed to Earl Gilbert of Strathern, Madderty, by its right marches, and with all its just pertinents, in wood and plain, lands and waters, meadows and pastures, moors and marshes, mills and stanks, and all other just pertinents, with sac and soc, tol and theame and infanganthefe, to be held by him and his heirs, of the king and his heirs, in fee and heritage, freely and fully, by the service of one knight, even so that neither the earl nor his heirs should at any time make recognition for the land to Gillecolm

Marescal, nor his heirs, nor any of his family should they desire to raise an action in respect thereto against the earl or his heirs, inasmuch as the aforesaid Gillecolm lost the aforenamed land for his felony towards the king, he having surrendered the king's castle of Heryn, and afterwards as a traitor gone over to his mortal enemies, and stood with them in doing all in his power for the injury of the king. Witnesses . . . At Linlithgow. [1185.]

III

[Commission of Innocent Iv. to investigate a dispute between the provost and chapter of St. Mary's and the prior and convent of the cathedral at St. Andrews.]

Innocent [iv.] 'to Master Abel, our chaplain, archdeacon of St. Andrews and archdeacon of Teviotdale, in the diocese of Glasgow, and John of Everlay, canon of Dunkeld.' On the part of. provost and the chapter of the secular church of St. Mary, in the city of St. Andrews, it was submitted to us that the prior and convent of the cathedral church of St. Andrews, of the order of St. Austin, had asserted that it had been granted to them by the Apostolic See that on the resignation or death of canons of the said church of St. Mary they (the canons of the cathedral) might apply their prebends and possessions to their own (the cathedral canons') uses. On this and other matters they had obtained in opposition to them (the provost and chapter of St. Mary's) letters apostolic addressed to the priors of Kitham (Kirkham) and St. Oswald's, of the diocese of York. These two priors, without giving any competent monition, and without reasonable cause, had thereupon promulgated sentence of excommunication against them (the provost and chapter of St. Mary's) contrary to the statutes of the General Council. The Pope commands them (the priors of Kirkham and St. Oswald's) by his letters, if the facts were as described, to relax the sentence without demur within eight days after the receipt of his letters.

Further, the Pope now commands the two archdeacons and John of Everlay that, if the two priors neglect to fulfil his mandate within the prescribed time, they themselves should relax the sentence of excommunication according to the forms of the Church, having taken sufficient caution for the alleged offences for which the canons of St. Mary's had been excommunicated, and should themselves hear the cause (after having enjoined on them

what ought to be enjoined) and terminate it, within four months from the date of the reception of these present letters, either by judicial sentence, or by an agreement between the parties. But if they were unable to bring the cause to a conclusion, they were to remit it, either instructed or not instructed' for examination by the Apostolic See,-appointing to the parties a peremptory limit of time by which they were to compear before the Pope, either by themselves or by their proctors, with all their muniments, arguments, etc., to receive just sentence with the help of the Lord. Provided that if the said sentence of excommunication had been pronounced for manifest offences, the sentence should not be relaxed until sufficient satisfaction had been offered. [Followed by the usual formula as to witnesses, and as to two of the commissioners acting if all three could not.] Given at Lyons, vij Id. April, in the eighth year of our pontificate' [7 April, A.D. 1251].

IV

[Agreement between the Master and brethren of the Hospital of SS. James and John, of Brackley, of the one part, and Robert, bishop of Dunblane, of the other part, as to the church of Gasknes.]

This agreement was made at Whitsunday 1266 between the master and brethren of the Hospital of SS. James and John, of Brackley, of the one part, and Robert, bishop of Dunblane, of the other part. The master and brethren grant their church of Gasknes and all its fruits and lands to the bishop ad firmam for a period of five years in return for twenty-four marks, to be paid annually to the master and brethren at the monastery of Oseney on the feast of St. Michael, or within eight days following; the first payment to be made at Michaelmas, 1267. Whatever sum was not paid for the year 1266 should be paid at the term (Michaelmas, 1267). If the bishop happens to die there shall be no distribution of the goods pertaining to him, as settled in his last testament, till the master and brethren have been paid. If the bishop resigns his bishopric, and neglects or refuses to pay the twenty-four marks, he will incur the penalty of double to be paid to the brethren. After the five years, if the bishop desires to keep the church and lands ad firmam, the agreement will be renewed for another five years at the same rent; and so on, from

five years to five years. Yet no right shall accrue to the bishop's successor in the church and land, on the ground of this present agreement. On the death or resignation of the bishop the church and land shall immediately revert to the master and brethren.

Colmin, the liege-man of the master and brethren, shall not be removed from the lands, while the bishop has them ad firmam, nor may he be unjustly burdened or required by the bishop to attend courts of law outside the said lands, but shall be treated kindly, as behoves

Moreover, if the vicarage of the church becomes void while the bishop has the church, it will be permissible for the master and brethren to present to the bishop a fit person, whom the bishop shall admit without difficulty and constitute vicar.

The bishop shall maintain the houses on the glebe land, when they shall have been properly repaired, in the same state in which he receives them; unless through age, or storm, or some unforeseen accident for which the bishop is not responsible, they shall fall into decay.

Moreover, the bishop shall pay every year to the abbot and convent of Inchaffray twenty shillings, and to the vicar for the time being two marks, over and above the twenty marks aforesaid, and shall bear all ordinary burdens, so far as they pertain to the master and brethren. But extraordinary burdens he shall pay out of the rent to be paid to the master and brethren, as is just.

In the event of the master and brethren incurring damage or expenses through deficiency in the payment of the said rent at the times and place aforesaid, the bishop shall be bound to satisfy for the damage and expenses together with interest, on which matters the simple assertion of the master and brethren, or of a chaplain of theirs specially deputed for the purpose and given authority to swear on their souls, shall suffice. And if the said bishop should make opposition to the payment of damages and expenses, he was to incur a penalty of forty marks to be paid to

the master and brethren.

In the event of the bishop not wishing to hold the farm (i.e. lease) of the church for a longer period, the church and all its fruits were to revert to the master and brethren at Whitsunday, but the land and its fruits were to continue to pertain to the bishop up to the Martinmas following.

Each party promised on the word of their truth and priesthood faithfully to observe this agreement in every particular. And the

[C

and sea