octo denarios impediantur annuatim, ut dictum est, percipere. In cujus rei testimonium presens scriptum in modum cirograffi est confectum, cuius una pars sigillo predicti domini Gocelini signata penes sepenominatos abbatem et conventum remanet, et altera pars communi sigillo capituli de Lundors penes prefatum dominum Gocelinum et heredes suos residet.

'Or an AGREEMENT made between the ABBOT and CONVENT of LUNDORS and GOCELIN DE BALLIOL.'

In the year MCCLX. from the Incarnation of our Lord this agreement was made between the Abbot and Convent of Lundors, of the one part, and Sir Gocelin de Balliol, of the other part, to wit, that the abbot and convent for themselves and their successors have remitted and quitclaimed for ever to the said Sir Gocelin the tithes of all kinds, saving garbal tithes, which they have been accustomed to receive from the rents (firmis), and all other profits and escheats of his lands in Garviach, which he had of the gift of Sir John de Balliol, his brother, and likewise those of all the other lands which the noble man, the Earl of Mar, held of the said Sir John de Balliol at the time when this agreement was made. For which quitclaim and remission the said Sir Gocelin, for himself and his heirs has given and granted for ever to the aforesaid abbot and convent and their successors, in free, pure, and perpetual alms, in exchange for the said tithes, eight marks, six shillings, and eight pence, sterling, to be received by them each year in the mill of Inveralmeslei, or in his land of Balhagerdi, if the said mill should be lacking [in the sum named] by the hands of the farmers of the said mill or of the said land of Balhagerdi, whoever they may be at the time, at the two terms of the year, to wit, half at the feast of St. Martin in winter, and the other half at Whitsunday.

Moreover, the aforesaid Sir Gocelin, for himself and his heirs, has given and granted in free and perpetual alms a free water-course from the Ouri, measuring four feet and a half in breadth, as far as the mill of Inchmabani, by the middle of the land which he has on the east of his castle of Bondor, wherever the said abbot and convent shall choose; yet so that the place which they have once chosen they cannot afterwards change without his will. And let it be known that if in process of time the [size of the] aforesaid water-course shall be increased or enlarged by floods, beyond the aforesaid four feet and a half, this shall in no wise be imputed to the aforesaid abbot and convent, nor shall they on that account sustain any risk or trouble, so long as the abbot and convent themselves have not artificially enlarged the aforesaid water-course. But in recognition of the aforesaid water-course the aforesaid abbot and convent shall give to the aforesaid Sir Gocelin and his heirs a pair of white gloves every year at Whitsunday at his castle of Bondor, in lieu of all service, exaction, suit, and secular demand. So

that on account of the aforesaid water-course the aforesaid Sir Gocelin and his heirs may not at any time exact or extort anything from the aforesaid abbot and convent, save only the aforesaid gloves.

Moreover, the aforesaid Sir Gocelin has granted for himself and his heirs that neither he nor his heirs will at any time alienate the aforesaid mill or the aforesaid land of Balhagerdi by any kind of alienation, by reason of which the aforesaid abbot and convent might be hindered in receiving annually (as has been said) the aforesaid eight marks, six shillings, and eight pence. In testimony of which thing the present writ has been executed in the form of an indenture (cirograffi), of which one part, signed with the seal of the aforesaid Sir Gocelin, remains in possession of the often-named abbot and convent, and the other part, signed with the common seal of the chapter of Lundors, remains in the possession of the aforesaid Sir Gocelin and his heirs.

CXXIV

De x marcis in Kelle in Buchan.

OMNIBVS Christi fidelibus ad quos presens scriptum pervenerit Alexander Cumyn Comes de Buchan, salutem in domino sempiternam. Noverit universitas vestra nos dedisse, concessisse, et hac presenti carta nostra confirmasse deo et ecclesie Sancte Marie et Sancti Andree de Lundors et monachis ibidem Deo servientibus et inperpetuum servituris decem Marcas sterlingorum annuas in tenemento nostro de Kelly in Buchan, pro salute anime pie recordacionis domini Alexandri quondam regis Scotorum illustris, et pro salute anime nostre, et pro animabus omnium antecessorum et successorum nostrorum, in escambium terre de Kyncardinbegg, quam nobis dimiserunt et quietam clamaverunt in perpetuum. Quare volumus quod predicti monachi predictas decem marcas annuas in perpetuum percipiant et habeant de predicto tenemento nostro de Kelly in liberam, puram, et perpetuam elemosinam, adeo | libere et quiete, sicut aliqua elemosina in toto regno Scotie liberius datur vel ab aliquo possidetur. Et propter ipsorum comodum et quietem, et in augmentum elemosine nostre, obligamus nos et heredes nostros et quoslibet alios successores nostros ad solvendum predictas decem marcas singulis annis apud Wrangham, infra octabas festi nativitatis Sancti Johannis baptiste, Abbati de Lundors vel monacho seu ballivo suo quicumque illuc venerit nomine eorundem monachorum. Et si contingat nos

[fol. 85.]

deficere in solucione predicte elemosine predictis loco et termino aliqua vice, quod absit, volumus et concedimus pro nobis et heredibus nostris ac successoribus quod liceat ballivo et hominibus predictorum monachorum post octabas prefatas namare predictum tenementum de Kelly, absque aliqua requisicione licencie, et namos captos absque aliqua replegiacione detinere usque ad octo dies post predictas octabas. Et si tunc dicta elemosina non fuerit soluta, liceat eis dictam compulsionem vendere usque ad valorem elemosine predicte, et quod nullum impedimentum eis faciemus per nos vel nostros in capcione, detencione, seu vendicione dictorum namorum, dummodo dictum tenementum non fuerit ita devastatum guerra quod non remaneat in illo redditus decem marcarum, et si idem ibi remaneat illud habeant sine impedimento, ut predictum est. Subjicimus eciam nos et heredes nostros et quosque alios successores nostros et homines nostros dicti tenementi jurisdiccioni Episcopi et archidiaconi Aberdonensium, vel eorum officialium, qui pro tempore fuerint, quod ipsi vel eorum alter, qui super hoc fuerit requisitus ex parte dictorum monachorum, possint vel possit, unica tantum monicione premissa, nos compellere per sentencias excommunicacionis in personas, et interdicti in dictum tenementum, sive fuerit in warda sive extra wardam, nullo modo relaxandas vel suspendendas donec prefatis monachis de prefata elemosina plenarie fuerit satisfactum. Promittimus eciam et obligamus nos et heredes nostros quod nullo modo alienabimus predictum tenementum de Kelly nisi salva predictis monachis elemosina, compulsione, et submissione memoratis; Renunciantes plene et expresse pro nobis, heredibus et successoribus nostris, regie prohibicioni, omni appellacioni, privilegio crucesignatis vel crucesignandis indulto vel indulgendo, omnibus litteris, privilegiis, et graciis, inpetratis vel inpetrandis a quacumque curia seculari vel ecclesiastica, omni legi et statuto, omni exceptione, et defensioni reali et personali juris et statuti, que pro parte nostra poterunt opponi contra hoc instrumentum vel factum. Et nos et heredes nostri predictas decem marcas annuas prefatis monachis contra omnes homines et feminas warendizabimus, acquietabimus, et defendemus inperpetuum. In cujus rei testimonium presens scriptum fieri fecimus et sigillo nostro muniri. Et propter absenciam

domini episcopi Aberdonensis, Dominus W. episcopus Sancti Andree ad preces nostras sigillum suum apposuit huic scripto. Hiis testibus, domino Willelmo Dei gracia episcopo Sancti Andree, domino Andrea Abbate de Cupro, dominis Willelmo de Montealto, Willelmo Cumyn, Fergus Cumyn, Johanne Wyschard, Gilberto Scot, militibus, Waldeuo rectore ecclesie de fovern, Roberto de Lech rectore ecclesie de Slanys, Ricardo rectore ecclesie de essy, Et Rogero pater noster, clericis nostris, Duncano judice, dauit filio Kyneth de Neuticbyr1 et multis aliis.

OF TEN MARKS in KELLE in BUCHAN,

To all Christ's faithful to whom the present writ shall come, Alexander Cumyn, Earl of Buchan, health everlasting in the Lord. Let all of you know that we have given, and granted, and by this present charter have confirmed to God and the church of St. Mary and St. Andrew of Lundors and the monks who are there serving God, or who shall serve Him in all time coming, ten marks sterling each year in our holding (tenemento) of Kelle in Buchan, for the weal of the soul of our lord, Alexander, late illustrious King of the Scots, of pious memory, and for the weal of our soul, and for the souls of all our ancestors and successors, in exchange for the land of Kyncardinbegg, which they have surrendered to us and quitclaimed to us for ever. Wherefore we will that the aforesaid monks shall receive and have the aforesaid ten marks yearly for ever from our aforesaid holding of Kelly in free, pure, and perpetual alms as freely and quietly as any alms in the whole kingdom of Scotland is most freely given and possessed by any one. And with a view to their convenience and quiet, and as enhancement of our alms, we oblige ourselves and our heirs, and any others, our successors, to pay the aforesaid ten marks every year at Wrangham within the octave of the feast of the Nativity of St. John the Baptist [June 24] to the Abbot of Lundors, or to a monk, or to his bailiff, whomsoever shall come thither in the name of the same monks. And if on any occasion we fail, which God forbid, in the payment of the aforesaid alms at the aforesaid place and term, we will and grant for ourselves, our heirs, and successors, that it shall be lawful for the bailiff and men of the aforesaid monks after the octave before named to poind (namare) the aforesaid holding of Kelly, without any request for leave, and to detain the goods seized (namos) without any replegiation, until eight days after the aforesaid octave. And if then the said alms shall not have been paid, it shall be lawful for them to sell the said distress (compulsionem) up to the value of the afore1 The reading of this word is very doubtful. It may possibly be read 'Neuticlyr.' There is also a doubt whether the third letter of the word is 'n' or 'u.'

[fol. 86.]

said alms; and we shall cause no hindrance by ourselves or by ours in the seizure, detention, or sale of the aforesaid poinds, so long as the said holding shall not have been so devastated by war that there does not remain in it a return of ten marks; and if the same does remain in it, they may have it without hindrance, as has been said.

We also subject ourselves and our heirs and our other successors, whosoever they may be, and our men of the same holding (tenementi) to the jurisdiction of the Bishop and Archdeacon of Aberdeen, or their officials, for the time being, so that they, or any one of them, who shall be required on the part of the said monks, can after only one monition previously given, compel us, by sentences of excommunication against persons, and interdict against the said holding, whether it be in ward or out of ward; such sentences to be in no wise relaxed or suspended until full satisfaction shall have been made to the aforesaid monks for the aforesaid alms.

Moreover, we promise and oblige ourselves and our heirs that we will not alienate in any way the aforesaid holding of Kelly, unless the alms is secured to the aforesaid monks by the compulsion and submission which have been mentioned. We renounce fully and expressly for ourselves, our heirs, and our successors, any royal prohibition, appeal, privilege granted, or to be granted, as indulgence to those who either now or hereafter be Crusaders; all letters, privileges, and graces, procured, or hereafter to be procured, from any secular or ecclesiastical court whatsoever; every law and statute, every exception and plea (defensioni), real and personal, of law and statute, which on our part could be opposed to this instrument or deed. And we and our heirs will for ever warrant, secure (acquietabimus), and defend the aforesaid ten marks yearly to the aforesaid monks against all men and women. In testimony of which we have caused the present writ to be fortified with our seal. And because of the absence of the Lord Bishop of Aberdeen, William, Lord Bishop of St. Andrews, has at our request affixed his seal to this writ. These being the witnesses: William, by the grace of God, Lord Bishop of St. Andrews; Andrew, Lord Abbot of Cupar; Sirs William de Montealto, William Cumyn, Fergus Cumyn, John Wyschard, Gilbert Scot, knights; Waldeve, rector of the church of Fovern; Robert de Leth, rector of the church of Slanys; Richard, rector of the church of Essy; and Roger Paternoster, our clerks; Duncan, judge ; David, son of Kyneth of Neuticbyr; and many others.

CXXV

De Multura de Kynard.

OMNIBVS Christi fidelibus hoc scriptum visuris vel audituris Agnes de Arroch priorissa de Elyoch et eiusdem loci conuentus, salutem in domino sempiternam. Nouerit vniuersitas