[fol. 1.] pertinents for the whole of his time. On the resignation being made and admitted, as stated above, the aforesaid bailiffs, on the said court having been finished, went by the straight road, together with me, notary public, and the witnesses underwritten, to the said lands and house with their pertinents, and there Michael, the bailiff aforesaid, gave and delivered, by the giving of earth and stone into their hands, as the custom is in the burgh, state and heritable sasine of the said lands and house with the pertinents of the same to the religious, Brothers Andrew Wyntoun, sub-prior of the said monastery, and John Cambal, being professed monks of the same place, as to true and lawful procurators for the whole convent of the same monastery, specially admitted by the said bailiffs in the aforesaid court, for this purpose, according to the form of the said resignation and the tenor of the charter executed thereanent by the said Master Thomas, and put the same procurators in the name and on the part of the whole said convent, into real, actual, and corporal possession, and gave them real investiture of the same. On which things, all and singular, the aforesaid sub-prior, in the name and on the part of the whole said convent, craved of me, the notary public underwritten, that a public instrument or public instruments should be made for them. These things were done in the year, month, day, indiction, places, and pontificate as declared above, at the eleventh hour, or thereabouts, before noon. There being present at the same place the said Master Thomas, John Wrycht, Stephen Crukschank, Patrick Coule, James Philip, Nicholas Grynlaw, David Arbroth, Alan Arbroth, Thomas Wyntoun, James Kok, John Wemis, and William Zung, with divers other witnesses specially called and summoned to the premisses. CLIV [Fragmentum Instrumenti Publici.'] IN Dei nomine amen; per hoc presens publicum instrumentum cunctis secunda Indictione vija pontificatus sanctissimi in christo patris ac domini nostri et testium subscriptorum presencia personaliter constitutus discretus uir du singulos procuratores suos super predictam consilii infrascripta potestate cum permittandi Reuocando et quos extunc Reuocantur de Butyll, archidiaconum candide case, sacri palacij.2 1 After some hesitation the editor has added this, which is an unintelligible fragment of a notarial instrument, apparently used as a fly-leaf. The end of each line is wanting. See Notes and Illustrations. 2 A word follows here which cannot be deciphered. See Notes and Illustrations. Carric Ricardum Cady et dominum Johannem de actores factores et negociorum suorum auchynleke a gestores d.d. resigna predictam quam secundum fac parochialem de Kynnetlys Roberto de Dryden, Rectore dicte ecclesie de mukart, in supradicti uel alterius cuiuscunque ab eodem monasterio propria animam iurandum et juramentum niaca prauitas uel illicita pactio ac in ipsius constitucionis Et generaliter si particulariter interesset eciam si talis huc que in iudicum . . . stipulanti tanquam persone publice et nomine omnium a aliquis in premissis duxerit faciendum sub ypotheca singulis premissis Idem dominus hugo a me notario publico testimonium omnium et singulorum [FRAGMENT of a PUBLIC INSTRUMENT. NOTE. The sense of this fragment cannot be gathered, the document having been cut lengthwise, so that the latter part of each line is wanting. Indeed it seems highly probable from the discoloration of the parchment that the leaf had been at one time pasted down on the oaken board which formed the front cover of the little volume. The verso side is blank. Some conjectures as to some of the persons named will be found in the Notes and Illustrations. One of them was, almost certainly, at a later date, Bishop of Galloway.] NOTES AND ILLUSTRATIONS The Notes with the initials [A. G.] added are from comments furnished by I Date. This may be determined as between 1178 and 1182. Of the witnesses, Hugh was appointed Bishop of St. Andrews not earlier, at least, than 1178 (Chron. de Mailr. s.a.), while Earl Waldeve (Earl of Dunbar) died in 1182 (Chron. de Mailr. s.a.). Page 1. Probis hominibus. The familiar phrase probi homines is perhaps to be understood as signifying 'the smaller tenants-in-chief.' See Rait's Scottish Parliament, p. 15. Comitatum de Leuenaus. 'Alwyn, second Earl of Lennox, being very young, William 1. gave the ward of the Earldom of Lennox to David, Earl of Huntingdon and Garioch' (Douglas, Peerage, ii. 81). In Scotichronicon (lib. ix. cap. 27) we do not find Lennox mentioned among the grants made by William to Earl David. It is there said that after returning from his captivity in England (1175) King William gave to his brother David the earldom of Huntingdon and the earldom of Garioch, with the lordship of Strathbolgi, the royal vill of Dundee, together with Inverbervy and the lands of Langforgrund, with other wide and spacious lands and possessions. On the other hand the same authority elsewhere (lib. ix. cap. 33) when recording Earl David's death describes him as 6 Earl of Huntingdon, of Garioch, and of Lennox.' And the comparison of the two entries falls in with a late date (such as that of our charter) for the donation of Lennox. We learn (Registr. Monast. Passelet, pp. 166-168) that when Earl David held and possessed the earldom of Lennox, he sought to obtain an aid from the lands of the church of Kilpatrick, as from the other lands of the earldom, but he could not obtain it as these lands were defended by the Church.1 'Leuenaus' is an unusual form of the more common Leuenax' or 'Leuenaux.' We find 'Lovenaus' in the list of nobles who were parties Alwyn must have been satisfied with his royal master's treatment, for he makes a gift to the church of Campsie for the weal of the souls of King William and Queen Ermengarde. [A. G.] to the treaty for the marriage of the Maid of Norway (Palgrave's Documents (Scotland), i. 32). Dunde. This, so far as the editor is aware, is the earliest notice of Dundee in authentic history. Forgrund. This is presumably the Langforgrund' in the account of the grants made by King William to Earl David as given in Scotichron. (lib. ix. cap. 27). If this identification is correct the Forgrund of this charter (which is in the Carse of Gowrie) is to be distinguished from the Forgrund (Forgandenny) near Exmagirdle, of No. LXVIII. 'Mothel' or Petmothel. This name seems to have disappeared. 'Moethel' (the modern Muthill) is frequent in the Chartulary. On the prefix' Pet' (= a portion of land), see Skene, Four Ancient Books of Wales, i. 157. Neutyle. Earl David seems to have given land at Newtyle (in Forfarshire) to his (natural) daughter Ada, wife of Malise, son of Ferteth, Earl of Strathern, from which she made a grant of Balemagh. Compare p. 4 and p. 38. Most of the Aberdeenshire place-names are obvious, as Fintreth (Fintray), Inuerurin (Inverury), Monkegyn (Monkeigie), Boverdyn (Bourty), Durnach (Durno),1 Uuen (Oyne), Arduuen (Ardoyne). The editor hesitates to offer conjectures as to Rothiod. In the bulls of Celestine III. and Innocent 111. (pp. 103, 109) we find that Inverurie and Monkegie were then chapels of the church of Rothket or Rothketh; perhaps this is the same place as 'Rothiod.' In a charter of King William to Earl David, preserved in Registrum Aberdonense (i. 9) we have Rothkes mentioned together with Durnach, Monkegyn, Fyntrach, and Bourdyn. The name 'Rothket' as applied to a parish church seems to have disappeared at an early date. In No. 11. Inverury' is the parish church and 'Monkegie' its chapel. Rothket does not appear in the old valuation (Regist. Aberdon. ii. 51-56), nor in Boiamund's roll (Theiner's Monumenta, 109-116). Mertonam. Mertona' is to be identified with the lands which lie south and west of Liberton, near Edinburgh, and have retained a form of the name in the modern Mortonhall.' Dr. J. Maitland Thomson has been good enough to furnish the following references. In 1357-8 David 11. grants to William Sinclair the lands of Mertona' and 'Merchamystona' (Merchiston), in the sheriffdom of Edinburgh, on the resignation of them by William Bisset (Reg. de Neubotle, Append. p. 295). The Register of Neubotle contains earlier notices of Merton in connection with the Bissets, but none reaching to the time of Earl David. In 1404 Robert III. grants to Henry Sinclair, Earl of Orkney, Merton and Mertonehall (Genealogy of the Sinclairs of Roslin, p. 62). See 1 See No. XC., where Great Durnach adjoins Logindurnach. The latter was the name of the ecclesiastical division known afterwards as the chapel of the Garioch.-See Collections for the History of Aberdeen and Banff, p. 526. |