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of attaminare. Dr. Maitland Thomson has pointed out to me that the word 'attame' is used by Chaucer in the sense to begin.' See Murray's English Dictionary, and for the old French atamer,' see Godefroy s.v.

D.

CXXI

Date Scotland Well, 16 February 1313-4.

Bernardo Abbate de Aberbrothok cancellario nostro. Bernard de Linton wrote the Latin poem on the battle of Bannockburn (Scotichr., xii. 21 ; see also other verses of his, xiii. 5). He was made chancellor by Robert 1. in 1307. He appears as 'elect of Sodor' in 1327 (Exchequer Rolls, i. 59). His death is usually assigned to 1333; but he must have died at latest in May 1331 (see the appointment of his successor, Thomas, canon of Dunkeld, dated 10 June 1331, Calendar of Papal Registers, ii. 341).

Roberto Abbate de Dunfermlyn. Probably Robert de Crail, who was certainly abbot in January 1316-7 (Regist. de Dunfermelyn, No. 349).

D.

Malcolmo comite de Levynax. The fifth earl, a steady supporter of the national cause. Slain at Halidon Hill, 1333.

Johanne de Meneteth. The betrayer of Wallace.' He adhered to Bruce, however, from 1309 onwards. See notice of him in Red Book of

Menteith.

Gilberto de Haya. Of Erroll. An early and consistent follower of Bruce, who gave him the hereditary Constableship of Scotland, which is still held by his lineal representative.

Hugone de Ertht. Best known as a follower of Wallace; he disappears from record about this time. His family took their surname from Erth (Airth) in Stirlingshire, and also held Wauchton in East Lothian.

Roberto de Keith. Also witness to cxxiv. One of the most famous of the Scottish captains; see the Peerages. Slain at Dupplin, 1332.

[M. T.]

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Supposed to have been son of Sir Alexander Lindsay of Crawford (Scots Peerage, iii. 10).

Waltero senescallo Scocie.

Son-in-law of King Robert, and father of

Robert II. Died 9 April 1327 (not 1326 as usually stated).

Jacobo domino de Dowglas. The good Sir James' whose exploits are

in all the histories. Fell in battle in Spain in 1330.

Johanne Wissard. Of Carse in Stirlingshire. He joined the national cause after Bannockburn, thereby forfeiting the manor of Monilawes in Northumberland (Bain's Calendar, iii. No. 517). His wife was heiress of Prenderleith in Roxburghshire. The lords Abernethy of Saltoun, who in later times possessed that estate and quartered the arms of Wishart, are supposed to have been his descendants through an heir-female.

Alexandro de Setone. Sister's son of King Robert, and prominent in the public affairs of the time. The later Setons are said to have been descended from his daughter.

[M. T.]

CXXV

'Lithcu'

Apud litwy. It is uncertain what place is meant by 'litwy.' (Linlithgow) has been suggested; but Dr. Maitland Thomson does not think that Litheu could assume the form Litwy. Other conjectures have been offered, but none of them carry conviction. It has been thought best to leave the word in the English abstract in its original form. D.

CXXVI

Willelmus . . . ecclesie Dunkeldensis minister humilis. See List, p. 262.

CXXVIII

In festo beati Beani. October 26.

D.

In the English abstract (p. 228) correct 'Duncan' into 'Donald.'

D.

Andreas de Moravia de Tulibardyn. Second of Tulibardine, son of Sir William (No. cx. above). Executed by the national party, 1332, for assisting Edward Balliol to win the battle of Dupplin. [M. T.]

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In festo beati Mathie. In common years the feast of St. Mathias was February 24; in leap years February 25. The year 1343-4 was a leap year.

D.

On the subject of this agreement, see Appendix on the Abbey Lands.

[M. T.]

CXXXI

The Pope is Clement vi. ; and the date is 13 November 1348.

D.

CXXXII

Willelmi. See List, p. 260.

Laurencii Prioris de Abernethi. According to Scotichronicon (x. 33) the old foundation of Keledei was converted in a priory of Canons Regular in the year 1273. A prior of Abernethy (unnamed) was appointed by Clement vi. in December 1345 (together with the abbots of Arbroath and Lindores) to make provision to the archdeaconry of Dunblane of Walter de Coventry (Cal. Papal Registers, iii. 198) afterwards appointed bishop of Dunblane. The notices of this house and its officers are very D.

meagre.

CXXXIV

Malisium primum et Malisium secundum. No note is taken of Earl Malise the grandfather of Earl Gilbert. D.

Johanne Senescalli fratre nostro. Sir John Stewart of Rayliston, half brother of the Steward; also witness to Nos. cxxxv. and cxxxvi.

Hugone de Eglyntona. A celebrated name in the annals of Scots poetry. Ancestor, through his daughter and heir, of the Montgomeries, earls of Eglinton. His second wife was the Steward's half sister. Died 1377.

Thoma de Fausyd. Witness also to the three following charters, and to other charters of the Steward before his accession to the crown-not apparently to any of his charters as king, so that it is possible that too late a date has been assigned to Nos. cxxxvI. and cxxxvII. He was employed in the negotiations for David 11.'s liberation in 1357; and in 1362 he appears in the Exchequer Rolls as having lent money to both the king and the queen.

Willelmo Sympil. Of Eliotstoun, the first of his family to be so styled. He appears to have died without issue before 1367.

Willelmo de Meldrum. Lord of that ilk; he had a royal charter of the family estates in 1353.

[M. T.]

CXXXV

Waltero episcopo Dunblanensi. See List, p. 260.

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Adam et Andrea Decano et Archidiacono. A valuable contribution to the fasti of Dunblane in 1365.

Beneficio legis ipsius valliani. Dr. J. Maitland Thomson has supplied the following note:

'The Senatusconsultum Velleianum, named after Vellaeus Tutor, Consul when it was enacted (A.D. 46), nullified all cautionary obligations undertaken by women (Dig. lib. 16, tit. 1). In the middle ages a woman who became party to a deed usually renounced the benefit of this law; and such renunciation was inserted as an ordinary clause of style,

perhaps not always intelligible to the writer of the Deed. For other instances of Velleianum used absolutely, the noun being understood, see Ducange, s.v.'

Willelmi .. Abbatis de Scona. The author of the Preface to Liber de Scon (p. xii) says ' William, abbot of Scone, occurs from 10 February 1353 to 1371.' William is found witnessing a charter on 1 March 1369-70 (Blackfriars of Perth, p. 29).

Adam de Breichyne Priore fratrum predicatorum de Perthe. The foundation of the House of Perth by Alexander 11. is commonly assigned to 1231; but I am not aware that there is any better authority for this exact date than the general statement in Scotichronicon (ix. 47), that in the year 1230 the Jacobin friars first entered Scotland, drawn by the wishes of Alexander 11., and the similar entry (from which, no doubt, Bower borrowed) in the Chronicle of Melrose. The church of the Preaching Friars at Perth was consecrated by David de Bernham, bishop of St. Andrews, 13 May 1240 (The Pontifical Offices used by David de Bernham, p. x). The earliest charter of Alexander 11. preserved in the Chartulary is dated 31 October 1241, and refers to the church having been consecrated (Chartulary of the Black Friars of Perth, edited by Dr. Milne, p. 1). From 1450 downwards a considerable list of the priors has been constructed by Dr. Milne from the papers printed in his volume. But the notices of the earlier priors are very scanty.

Thoma de Inchyrethe Priore fratrum Carmelitarum de Tolylum. Tullilum, at a short distance from Perth. Richard (of Inverkeithing), bishop of Dunkeld, is said to have built for the Carmelites a handsome chapel at Tullilum. The introduction of the Carmelites into Scotland is assigned by Scotichronicon (x. 14) to the year 1261. D.

Mauricio de Dromyd. stewards of Strathearn.

Ancestor of the Drummonds of Concraig,

Waltero de Moravia domino de Tulybardyn. Also witness to No. cxxxvii. Third in succession from Andrew of No. CXXVIII. Said to have died in 1390.

Aythe filii Thome. He had a charter, c. 1360, from Robert the Steward, of the lands of Fornochtis in Strathearn, to which John abbot of Inchaffray is a witness (copy in Dupplin charter chest). His descendants took their surname from him; Robert Hayeth of Fornocht appears in 1445/6 (charter at Drummond Castle), and the Aysons of Fornocht appear in record down to 1504, in which year the estate was sold to Lord Drummond.

Of the group of burgesses of Perth with which the charter ends, John de Petscoty was probably ancestor or near relative of the Pitscotties of Luncarty; Malcolm Barbere, of the Barbours who held the lands of Cultmalundie in the parish of Tibbermore (which lands afterwards came to the Bruces by marriage); John Mercere is well-known in the public life of the period, and was ancestor of the Mercers of Aldie (whose heir of line is the Marquis of Lansdowne); John Gylle had a charter of lands

near Perth from Donald, Earl of Lennox, which was confirmed by David 11. in 1358 (Gray Charters), and in the Register of the Great Seal he is styled of Torsopy; and the Spenses of Perth were an important family, more than one of whom acquired landed estate in that age and later. [M. T.]

CXXXVI

Ache filio Elpine. Not to be confounded with his namesake of a century earlier (No. c.).

Willelmo filio. Something is omitted by the copyist, perhaps Malisii; .see the next charter.

[M. T.]

CXXXVII

David de Graham. Of Dundaff and Old Montrose; fl. 1346 to 1373. Note that of the five persons here named as burgesses or inhabitants of Auchterarder, four bear patronymics, and the fifth a Gaelic personal epithet; none of them had a surname in the modern sense.

CXXXVIII

[M. T.]

The causeway of this writ can still be traced by a broad line of scattered stones, dislodged and spread by the plough; the ground on either side being stoneless. At its north end stood in the sixteenth century the farm of Calsayend, and the site is still locally known as the end of the causeway.' [M. T.]

CXXXIX

Iohannis de Kelly. See p. 233.

Episcopo Glasguensi. Walter Wardlaw, afterwards created a cardinal (December 23, 1383) by Clement vii. (Regist. Avignon, cited in Eubel's Hierarchia Medii Evi).

D.

Waltherus. See List, p. 260.

CXL

CXLI

Episcopo Dunkeldensi. John de Peebles, see List, p. 262.

CXLII

D.

D.

See Introduction, p. xlvii.

D.

For full details as to the persons mentioned in this and the following charter, see Gregory's History of the Highlands, and the more recent History of the Clan Donald. Cristina daughter of Alan, heiress of the

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