in summer, he obliges himself and his heirs for ever. Seals of grantor, Bishop Clement, and Malise earl of Strathern, Witnesses [c. 1247.]

LXXVI

[Earl Malise commutes second tithes in kind into a payment in money.]

M[alise], earl of Strathern, makes known that he and his heirs were bound by the gift of his grandfather, Gilbert, and the confirmation of his father, Robert, earls of Strathern, to the payment to the canons of Inchaffray of the tithe of all his rents and cains in wheat, meal, malt, grain, cheese, flesh, fish, fowl, venison, and all viands yearly used in his court, as in the charter and the confirmation of the aforesaid earls is more fully contained. And although the canons were for a long period in full and peaceable possession of the aforesaid tithes, yet they have very frequently complained that at times they have not received them in full through the fault of his (the earl's) bailies, wherefore because it is not right in any way to infringe the pious vows of parents, but rather to augment them, being mindful of Him who is the rewarder of all good deeds, he assigns, in place of the tithes which the canons were accustomed to receive in his court yearly before the year of our Lord 1247, twenty-four marks (twenty marks from rents at Dunning, and four marks from Abberufuin) during the life of his mother the countess : which marks, after her decease, he or his heirs would pay in another place, half at Whitsunday and half at Martinmas. All the other provisions of both his grandfather's charters and his father's confirmation were to remain in full force. He desires the canons' portion of tithes should increase as his goods increased. To prevent the canons in future being troubled by defect of payment he submits himself and all his goods to the jurisdiction of the bishop of Dunblane, so that he can compel him and his bailies, by the censure of the Church, to make full payment. His seal and the seal of Clement bishop of Dunblane. Witnesses

[1247.]

LXXVII

[Earl Malise enjoins on Brice, thane of Dunin, to pay the twenty marks referred to in No. LXXVI.]

Malise, earl of Strathern, to his beloved and faithful Brice,

thane of Dunning. He makes known that he has assigned to Inchaffray twenty marks out of his rent at Dunning, and commands him to make payment to none of the earl's bailies, or to any other, save the abbot and canons, or their assignees. He adds that if Brice failed in the payment within eight days after each of the two terms, he would incur a penalty of twenty shillings for every week after the eighth day. His seal. [1247.]

LXXVIII

[Commission of Pope Innocent Iv. for recovering the property of the monastery.]

Innocent . . . to his reverend brother . . bishop of Brechin. He had been petitioned by the abbot and convent of the monastery of Inchaffray to remedy the vast injury done to the monastery from the fact that they and their predecessors had granted, with various formalities, certain possessions to certain clerks and laymen, to some for life, to others in perpetuity, for a yearly payHe commits to the bishop to recover for the monastery in a lawful manner what had been alienated,-letters of confirmation in the common form from the Apostolic See notwithstanding. Lyons, 11 July 1248.

ment.

LXXIX

[Commission of Pope Innocent iv. to enforce the observance of an agreement between Inchaffray and the bishop of Dunblane.]

Innocent to bishop of Brechin. The abbot and convent of Inchaffray had shown in a petition that matter of question had been raised between them and the bishop of Dunblane concerning Strugeith and certain other churches in the diocese of Dunblane, and that, through the mediation of good men, a friendly agreement had been come to, which agreement the abbot and convent desired to be fortified by apostolic protection. He commands the bishop of Brechin to cause the agreement to be peacefully observed. Lyons, 8 August 1248.

LXXX

[Pope Innocent iv. confirms an ordinance made by the bishops of Glasgow and Dunkeld.]

Innocent. . . to the abbot and convent of Inchaffray. It had been stated to the Pope on the part of Inchaffray that the bishop of Dunblane obtained that there should be assigned to him a fourth part of the tithes of all the parish churches in the diocese of Dunblane. This had been done by the bishops of Glasgow and Dunkeld, acting under Letters Apostolic. And when the bishop of Dunblane prayed in the presence of the said two bishops that according to the tenor of the apostolic mandate a fourth of these tithes should be assigned to him [in fact], the abbot and convent objected; but at length both parties voluntarily submitted themselves, under oath, to what should be determined by the two bishops, both as to the fourth of the tithes of churches pertaining to the abbey, and also as to the assessment of the vicarages of certain of those churches, and the ordering of certain other churches, too poor [to be deprived of the fourth] and easy to be served [without vicars]. The decision of the bishops of Glasgow and Dunkeld was that Inchaffray should every year pay twenty marks for one dignity and ten marks for one prebend, to be erected anew in the cathedral church of Dunblane; and that in return the abbey should be freed from the payment of the fourth part of the tithes of all its churches. But because by this ordinance the abbey seemed to be overburdened in the payment of such money, the two bishops made a moderate assessment of the vicarages of certain churches, and ordained that certain other churches should be served, not by vicars, but by suitable chaplains, as in their writs on this subject was more fully contained. The Pope confirms by apostolic authority the ordinance of the bishops of Glasgow and Dunkeld. Lyons, 23 April 1250.

LXXXI

[Concurrent Letter of Innocent IV. to the abbot of Scone and the prior of St. Andrews.]

Innocent... to the abbot of Scone and the prior of St. Andrews. [The narrative of No. LXXX. is recited in full.] Wherefore he commands the abbot of Scone and the prior of St. Andrews that

they should not permit the abbot and convent of Inchaffray to be unduly molested by any, contrary to the tenor of his confirmation [No. LXXX]. Lyons, 23 April 1250.

LXXXII

[Another commission of Pope Innocent iv. for recovering the property of the monastery.]

Innocent. to.. abbot of Holywood in the diocese of Glasgow, and to . . sacrist in Glasgow. [This is to the same purport as, but in somewhat stronger terms than, No. LXXVIII.] Perugia, 8 June 1252.

LXXXIII

[Grant of Lands in the town of Arbroath.]

William, abbot of Arbroath, and the convent of the same place make known that, with the common consent and assent of the whole chapter, they have given to the abbot and convent of Inchaffray all the lands, houses, and possessions, which William, son of Rayngod, held of the monastery of Arbroath in the town of Arbroath, which lands and all rights in them the said William, in the full court of Arbroath, quitclaimed for himself and his heirs. To be held by the abbot and convent of Inchaffray in free burgage, with easements, etc., pertaining to the lands,-save only that the lands should not be sold or alienated to any without the special licence of the monastery of Arbroath. Seals of the abbey and town of Arbroath. Arbroath, 9 November 1252.

LXXXIV

[Commission of Pope Alexander IV. for recovering the property of the monastery.]

Alexander... to.. abbot and.. prior of Holywood, of the Premonstratensian order, in the diocese of Glasgow. It had come to his ears that the abbot and convent of Inchaffray and their predecessors had granted tithes, rents, mills, woods, jurisdictions, lands, possessions, and other goods, etc. [as in Nos. LXXVIII. and LXXXII.] Anagni, 29 August 1256.

LXXXV

[Grant of the church of Inishail.]

Ath, son of Malcolm Macnauchtan, makes known that out of charity, with the assent of Sir Gilbert, knight, his brother, and for the weal of their souls and the souls of their ancestors and heirs, he has given to the abbot and canons of Inchaffray the church of St Findoca, of Inchalt [Inishail, Loch Awe], in the diocese of Argyll, with all its just pertinents, with tithes, oblations, common pasture, and other easements pertaining to the church, together with all the rights he has in the same church. To be held in free and perpetual alms, as freely as any church in Scotland is held by the gift of any nobleman. Seals of grantor and his brother Gilbert]. 29 June 1257.

LXXXVI

[Grant of the advowson of the church of Cortachy.]

Malise, earl of Strathern, makes known that, for the weal of his soul, etc., he has given to the abbot and convent of Inchaffray the advowson of the church of Cortachy in the diocese of Brechin. To be had and possessed in pure and perpetual alms, to wit, whatever a lay person can give and grant, without any diminution or reservation, as freely as any church in the realm of Scotland is held by the gift of an earl or baron. He binds himself and his heirs by his spouse Matilda, daughter of Gilbert, late earl of Caithness and Orkney, that they will ratify and defend the said gift. Grantor's seal. Witnesses... At Crieff, 12 December 1257.

LXXXVII

[Grant of a serf with his children.]

Malise, earl of Strathern, makes known that he has given to the canons of Inchaffray in pure and perpetual alms, Gilmory Gilendes, his serf, with all his children (tota sequela). Warrandice. Seal of grantor. Witnesses... At Kenmore, 25 March 1258.

LXXXVIII

[Grant of another serf with his children.]

Malise, earl of Strathern, makes known that he has given to the abbot and convent of Inchaffray, in pure and perpetual alms,