XXXIX [Confirmation by Earl Gilbert of his grants in lands To all the sons of holy Mother Church and all the faithful, Gilbert, earl of Strathern, greeting. He makes known that he had founded a house in honour of God, St. Mary, and St. John in his land at Inchaffray, and there had placed canons regular. For the founding of the house and the maintenance of the canons, he had given and by this charter confirmed to the canons Achadlunxech, Ardweni, Ardbani, Dofindre, Balfur, and Balmacgillon, and three acres which are nearest the marsh of Fowlis towards the north; the vill called Ruuehalach, which he had given instead of the tithe of the profits which came from the courts of law in his earldom (profits from all other sources paying their full tithe); and as much of the marsh of Fowlis adjacent to the said Inch as was bounded by a trench in the year 1219: and a mill upon the Earn at Dunfallin, which they constructed near his mill, from the year 1219. All these are to be held by the canons in pure and perpetual alms, in wood and plain, etc., with all their just pertinents, as freely as any alms was held of any earl or baron in the whole realm of Scotland. He and his heirs will perform the whole forinsec service of the king due from these lands. He has also granted to the canons the church of St. Patrick of Strugeith, the church of St. Serf of Dunning, the church of St. Katan of Abruthven, the church of St. Mohessoc of Auchterarder, the church of St. Bean of Kinkell, the church of St. Bean of Fowlis, the church of St. Ithernan of Madderty, the church of St. Serf of Monyvaird, the church of St. Bridget of Kilbride, to be held with their lands and pastures in pure and perpetual alms. Witnesses [1219.] XL [Confirmation by King Alexander II. of Earl Gilbert's Alexander, king of Scots, makes known that he confirms to Inchaffray the gifts which Gilbert, earl of Strathern, the founder of that church, had bestowed. [The lands are then specified as in No. XXXIX. The tithe of cains and of victuals (only alluded to in No. XXXIX.) are particularised. The churches follow as in No. XXXIX.] Witnesses. . . At Scone, 5 January [c. 1219-20]. XLI [Confirmation by Robert, son of Earl Gilbert, of lands Robert, son of Gilbert, earl of Strathern, makes known that for the weal of his soul and of the souls of his father, mother, and ancestors he confirms the gifts made by his father to Inchaffray. [These grants of land are then specified as in No. xxxix. Then follow the names of the churches as in No. XXXIX. with the addition (as a church granted by his father) of the church of St. Serf of Tulliedene.] To be held as fully and freely as the charter of his father testifies. Grantor's seal. Witnesses XLII [c. 1220.] [Roger de Quincy's Confirmation of his father's grant.] Roger de Quincy makes known that for the weal of his soul and the souls of his ancestors he has confirmed to Inchaffray the ten acres in Gask and the pasture for ten kine [as in No. xxxvIII.]. Witnesses [c. 1220.] XLIII [Earl Gilbert's grant of leave to the canons to hold Gilbert, son of Ferthet, earl of Strathern, makes known that he has granted to the prior and canons of Inchaffray, in pure and perpetual alms, liberty to hold courts of their own for the trial of men living on their lands, in the case of any charge being made of an offence which pertained to the earl's court. Their court might be held where, and by whomsoever they pleased, He beseeches his friends, and commands his bailies, his steward, and his deemster, that when asked by the canons they should without delay go to the prior and canons, and hold the canons' courts, even as they would his own. The prior and canons were to have the forfeitures and all that pertained to the earl's court, save only the bodies of criminals. Further he grants leave to the prior and canons to take poinds from his tenants for the tithe which came to the canons from the earl's gift of tithe, in case payment had not been made at the stated terms. He strictly forbids any of his servants doing violence, or causing disturbance, within the lands of the prior and canons, or making from them any demand. Grantor's seal. Witnesses [c. 1220.] XLIV [A duplicate of the preceding.] XLV [Earl Gilbert's grant of the church of Trinity Gask.] Gilbert, earl of Strathern, makes known to all the sons of holy Mother Church that he has given in pure and perpetual alms to the abbot and canons of Inchaffray the church of Holy Trinity, Gask. To be held of him and his heirs in tithes, oblations, and obventions of all kinds, with the land pertaining to the church, and with the common pasture of the parish, and all other easements pertaining to the church, as freely and fully as any religious in the whole realm of Scotland hold any church. Witnesses [1221-3.] XLVI [Grant of land by Ysenda, countess of Strathern.] Ysenda, spouse of earl Gilbert of Strathern, makes known to all the sons of holy Mother Church that she has, with the consent of her lord, the earl, given to the abbot and canons of Inchaffray five acres in her vill of Abercairney, which she had perambulated to the abbot and canons, in the presence of Richard, knight, and Geoffrey, of Gask, her brothers, and also of Henry and Tristram, sons of Tristram, William, clerk of the earl, and many others. To be held in perpetual alms, free of all secular service, with common pasture for twelve kine and two horses, and with all other easements pertaining to that land. Inasmuch as at the time when this charter was made she had no seal of her own, she has sealed it with the seal of Abraham, bishop of Dunblane (who was witness of this gift), which seal he lent for the occasion. Witnesses [1221-3.] XLVII [Robert, son of Earl Gilbert, pledges his faith never to harass the abbot and convent, but to defend and support them.] Robert, son of Gilbert, earl of Strathern, makes known to the sons of holy Mother Church that he had pledged his faith within the church of Strogeith, in the hand of Abraham, bishop of Dunblane, before witnesses (named), that he would never in the whole of his life unjustly harass Innocent, abbot of Inchaffray, or the convent, but rather treat them as his most special friends. and, saving his own rights and honour, would, as far as he could, increase the house [i.e. add to its revenues]. He confirms to them the churches of Gask and Strogeith, and all their churches, lands, possessions, liberties, rights, customs, easements, and tithes, as in the charters of his father and himself was contained. Warrandice. Moreover if they suffer from robbery, theft, or injury, he will, as patron of the house, prosecute their rights as he would his own; he will maintain their cause, compel those who have injured them to make satisfaction, and will make no peace with them without the counsel of the abbot and convent, and after fully securing their rights and their honour. Sealed with the seals of the grantor, Abraham, bishop of Dunblane, Hugh, bishop of Dunkeld, Hugh, abbot of St. Serf (Culross), and Fergus, the earl's brother.. [1221-3.] XLVIII [A second charter of Hugh, bishop of Dunkeld, confirming the grant of the church of Madderty.] This charter runs almost word for word with No. xxxvII., which was a grant to the canons' while this is to 'the abbot and canons.' The reference at the close of No. XXXVII. to the presbyters instituted to Madderty being answerable to the monastery in temporals is omitted from the present charter. To this charter the seal of the chapter of Dunkeld (in sign of assent) is added to that of the bishop. The witnesses (with one exception) are the same in both charters. [1221-3.] N XLIX [Confirmation by Hugh, bishop of Dunkeld, of the Abthen of Madderty.] This confirmation runs very nearly in language, and precisely, in effect, with the confirmation of Bishop Richard II. (No. XXIII.), and need not be further described. [1221-3.] L [Bishop Hugh's quitclaim of cain and coneveth.] Hugh, bishop of Dunkeld, makes known that out of love and godly piety he has remitted and quitclaimed for ever to the abbot and canons of Inchaffray the cain and coneveth which the clerks of the church of Dunkeld were wont to receive at Madderty, which, in the Scots tongue, is called Abthen. His seal. Witness the chapter of Dunkeld. [c. 1221.] LI [Earl Robert's confirmation of churches, lands, tithes, and other things.] Robert, earl of Strathern, makes known that he has for him and his heirs granted and confirmed to the canons of Inchaffray, and their successors, all the churches, lands, possessions, liberties, rights, customs, and easements, tithes of all kinds in his house and in his lands, and all other things which his father, the earl, gave and granted and confirmed by his charters. Moreover, he grants to the canons that neither he nor his heirs would give or grant land to any one without saving the rights pertaining to the canons. Witnesses... [1223-4.] LII [Earl Robert's grant of the land called Rath.] Robert, earl of Strathern, makes known that he has given to the abbot and canons of Inchaffray in pure and perpetual alms the land called Rath, to wit, the fourth part of the whole of Dunphalin, with all its just pertinents in wood and plain, etc. To be held free of all secular service, save only the aid of the king when he |