CXI

[Indentured Agreement between Andrew, abbot of Cupar, and Hugh, abbot of Inchaffray.]

A question having arisen between Andrew, abbot of Cupar, and the convent of the same place, of the one part, and Hugh, abbot of Inchaffray, and the convent of the same place, of the other part, as to a yearly payment of twelve pounds of wax, which the abbot of Cupar claimed out of certain houses and lands in the town of Perth, which Master W Dunstane and Michael of Inchaffray held at fee-farm of the monastery of Inchaffray, at length, although the monastery of Inchaffray possessed these houses and lands for thirty-nine years and more, free of any payment of wax, and the right of the abbot and convent of Cupar thereto was not sufficiently apparent, yet, by the intervention of common friends of the parties, a friendly agreement was made as follows:-The monastery of Cupar should not in future make any claim for the wax, and the monastery of Inchaffray, for the good of peace, were to pay yearly to the monastery of Cupar two pounds of cumin and two pounds of pepper within the octave of the Nativity of St. John the Baptist [24 June], at the chapel of the bridge of Perth. If the payment is not duly made, the abbot and convent of Cupar may, with the leave of the king's bailies at Perth, distrain both within and without the houses, and take poinds till the payment is made in full. For the observance of the agreement the two abbots oblige themselves by their corporal oaths, and both parties renounce resorting to law or to royal or apostolic letters, or to any device that would impede the effect of the agreement. The two parts of the indenture were sealed, respectively, with the common seal of Cupar and the common seal of Inchaffray. Given at Perth on the day of the Nativity of St. John the Baptist [24 June] 12[8?]2.

CXII

[Grant of the advowson of the church of Strowan.] Malise, son of Malise, late earl of Strathern, makes known that he has given in pure and perpetual alms to the canons of Inchaffray the advowson of the church of Struy [Strowan], with the ground on which the church is founded, and the portion of land with

which the church was dowered by him at its dedication. To be held as freely as the advowson of any church granted by any earl or baron in the realm of Scotland. Warrandice. Seal of grantor. Witnesses [c. 1282-3.]

CXIII

[Indentured Agreement between Earl Malise and the Monastery, concerning twenty marks from Dunning and Petikarne, instead of the increment of second tithes.]

Inasmuch as the abbot and convent of Inchaffray craved with earnestness to be satisfied in full by Malise, earl of Strathern, out of all increases of his rents and cains, as well in money as in wheat, meal, malt, cheese, flesh, fish, issues of court, and all other goods and obventions, which had accrued or could accrue to the said earl from the year of our Lord 1247, which, under the name of second tithes, the aforesaid religious asserted were due to them by the gift and grant of earls of Strathern his predecessors, the said Earl Malise, after careful deliberation with discreet men, and relying on the counsel of friends, to prevent in future such demands from him and his heirs, gave, on the feast of the Annunciation [25 March] of the year 1283 then beginning, to the abbot and canons in pure and perpetual alms twenty marks of yearly rent from the thanage of Dunning and from Petikarne by the hands of the tenants, at the three yearly terms, namely, at Whitsunday three marks from Dunning and five from Petikarne ; at the feast of St. Peter's Chains [1 Aug.] four marks from the thanage of Dunning, which were customarily given to the earl himself pro fretellis; and at Martinmas three marks from Dunning and five from Petikarne. To be held by the monastery of the earl and his heirs as freely as any, etc. Warrandice. And he will procure the grant being confirmed by the king's letters patent, and inrolled in the king's chapel.

In return for this grant the abbot and convent with unanimous consent quitclaimed and resigned all right and claim to the augmentations as above. The other articles and grants, all and singular, in the charters of the earl's predecessors, not concerning augmentations, were to remain in force. To the part of the indenture remaining with the earl were attached the common seal of the monastery and the seals of Robert, bishop of Dunblane, and the chapter of Dunblane, of Sir Patrick de Graham and Sir

William de Moravia, knights. To the other part remaining with the monastery the seals of the earl, together with the seals of the bishop, the chapter, and the aforesaid knights. Witnesses . . .

CXIV

[Charter of Earl Malise ., granting twenty marks yearly for the augmentation of second tithes.]

Malise (.), earl of Strathern, makes known that for the monastery's resignation and quitclaim of their right to the augmentation of second tithes he has granted twenty marks yearly [as in No. cxIII]. These twenty marks were to be in addition to the twenty marks formerly granted by the earl's father, Malise (11.), from Dunning. [The substance of the concluding part of No. cxIII is then recited-specifying more particularly the other grants made by the earl's great-grandfather, Gilbert, and his father, Malise (11.) as those remaining in full force.] Grantor's seal. Witnesses

[1283.]

CXV

[Earl Malise . assigns to whom the ten marks from Petkarne were to be paid.]

Malise (II.), earl of Strathern, assigns the abbot and convent as the persons to receive ten marks yearly from his holding of Petkarne, half at Whitsunday and half at Martinmas; and commands Macbeth, son of Ferchware, the tenant of the said holding, and his heirs or assignees, that they should pay the ten marks to none of his (the earl's), bailies nor to any other than the abbot and canons or their assignees, and that, faithfully, in full, and without delays. Seal of grantor. At Innyrpefyr, on the morrow of the Annunciation [25 March], 1283.

CXVI

[Ratification by Sir John of Johnstone, knight, of a grant made by his wife.]

John of Johnstone, knight, ratifies the gift and grant which Mary, his wife, had made, with his assent, to the monastery and canons of a certain portion of a yearly pension of a hundred

shillings, to be received during her life by the said canons, at the two terms of the year, from her holding of Strathy, as is more fully contained in the charter dealing with that matter, and lest the grant might be impeached because Mary was at the time when it was made subject to her husband in law of matrimony, he declares by these presents his express consent. Seal of grantor. At Strathy, the vigil of the Holy Trinity, 1284.

CXVII

[Earl Malise 1. declares that no prejudice to the immunities of the monastery should be created by a special act of favour.]

Malise (III.), earl of Strathern, makes known that, although the religious of our monastery of Inchaffray' rendered succour to him with their men for maintaining the peace and tranquillity of the kingdom after the death of Alexander (III.) king of Scots, he desires that, because of this act of courtesy, done as a special favour, no prejudice should be created as regards the obligations of the religious, nor their act be drawn into custom, inasmuch as by the infeffment granted by his ancestors, earls of Strathern, the religious were wholly free from exactions of this kind. Seal of grantor. At Inchaffray, the morrow of Whitsunday, 1287.

CXVIII

[Settlement of a dispute as to the patronage of the vicarage of Strugeith.]

Malise (.), earl of Strathern, makes known that when the vicarage of Strugeith had become void through the death of Master Richard of Stirling, late vicar of the place de jure et de facto, William], bishop of Dunblane, believing that it belonged to him of right to confer the vicarage, had, at the request of the earl, conferred it de facto on John of Legirdwode, the earl's chaplain. Thereupon the religious of Inchaffray immediately raised the objection that by the bounty of former earls of Strathern, the grants of bishops of Dunblane, and the special confirmation of the chapter of Dunblane, they were the true patrons, and that the right of presenting to the vicarage belonged to them; and this they clearly showed in the presence of the bishop of Dunblane, the abbot of Cambuskenneth, the archdeacon of Dunblane, and

others [named] by exhibiting the public instruments, sealed, of the earls, the bishops, the chapter, confirmations from the Apostolic See, and also by the evidence of very many persons worthy of credit. The bishop of Dunblane, after conference with the earl and the clergy of the cathedral, decreed and publicly pronounced in favour of the claim of the monastery. And on the presentation of John of Legirdwode by the monastery, he admitted him to the said vicarage and caused him to be put in corporal possession of the same. [The bishop's letter to this effect, dated Arbroath, Sunday, the feast of St. Matthew (21 Sept.) 1287, is recorded in full.] And that all the above, as to the right of the said religious with respect to the vicarage, may be held in memory for ever, the seal of the earl and the seals of the above witnesses are appended. Given at Kenmor, Sunday [28 Sept.] next before the feast of St. Michael the Archangel [29 Sept.] A.D. 1287.'

CXIX

[Confirmation by the bishop of Glasgow of the grant of the church of Buthbren.]

Robert, humble minister of the church of Glasgow,' makes known that in compassion for the plunderings, burnings, and innumerable afflictions which the abbot and convent of Inchaffray had suffered through war, and desirous of relieving, so far as he could, their poverty and low estate, grants to them power to convert to their use, on the resignation or death of the rector, the church of Buthbren (Balfron) in his diocese, the patronage of which church Sir Thomas of Cromennane, knight, had charitably granted them. Every defect, if there were any, in Sir Thomas's grant he supplies out of the plenitude of his ordinary power. Episcopal and archidiaconal rights are reserved. The monastery need not appoint a vicar, but may cause the church to be served by a simple secular chaplain, or by one of their own canons. Seal of grantor. Given at Balindarge in Angus, 3 October 1303.

CXX

[Commission of Pope Clement v. for recovering the property of the monastery.]

Clement... to the abbot of the monastery of Culross. [This bull runs in like form with that of No. LXXVIII.] Given at Poictiers, 17 November 1307.