'for the future' (de caetero) there should not be more than one parson (i.e. rector) for each church (Wilkins, Concilia, i. 652). It is quite likely that neither Robert nor Malcolm was in Holy Orders, a case contemplated in express terms in the constitution referred to.

LXXVIII

Date. Probably on Gilbert de Haya succeeding his father, David, whose charter (No. LXXVI.) is here confirmed, together with the additional grant of the third part of the fishings of the draw-nets at Joymersandes (not identified).

Ricardo Cumyn filio Ricardi Cumyn.

Two generations of Cumin. Probably there should be two Richards. [A. G.]

Nicholao filio meo. Nicholas succeeded his father in Errol. [A. G.] Roberto de Haya nepote meo. The uncertainty attaching to 'nepos' makes it impossible to say what was the relation of this witness to Sir Gilbert.

The wife of Sir Gilbert is said to have been a daughter of William Cumin, Earl of Buchan. This charter gives her name, 'Edoyna.' [A. G.]

LXXIX

Date. Probably on David de Haya succeeding Robert and Malcolm in the rectory of Errol. This is a confirmation of No. LXVII., with the addition of the grant of the tithe of the monks' draw-nets at Joymersandes. This place has not been identified.

LXXX

Dated, 4th July 1251.

Page 85. Alanus Ostiarius, Justiciarius Scocie. Alan Durward was made Justiciar of Scotland in 1243 (Scotichron. lib. ix. cap. 61). It would seem that later in this year (1251), or early in 1252, Durward was deprived of his office of Justiciar; but he was restored in 1255.

Margerie. Durward's wife, Margery, was a natural daughter of Alexander II. At the end of the year 1251, there was suspicion that Durward had sought her legitimation that he might become heir in succession to the throne (Scotichron. x. 4).

P. dei gracia episcopi Aberdonensis. Peter de Ramsay, Bishop of Aberdeen (1247-1256, Melrose Chronicle; or 1257 Scotichron. x. 11).

Page 86. Kinnerny. Is this Kinnernie in the parish of Midmar? Johanne excommunicato. A nickname based, no doubt, on the man having been at one time excommunicated.

LXXXI

Date. In the time of John, Bishop of Aberdeen (1200-1207).

Page 88. Normannus. The Constable (No. xv.) of Inverury Castle. His son Norman is the grantor of No. LXXXIV.

A. uxoris mee. A мs. (1695), of doubtful value, on the Sirname of Lessley, from which Macfarlane makes extracts, describes this Norman's wife as a daughter of the Lord of Lorn (Genealogical Collections, Scottish History Society, vol. ii. p. 424).

Confining attention to our charters we find mention of four generations :

(1) Bertolf, referred to as father of Malcolm (No. XIII.).

(2) Malcolm (No. x111.) before 1195.1

(3) Norman, son of Malcolm, called the Constable (Nos. LXXXI., LXXXII.). He has a brother, Malcolm (No. LVI).

(4) Norman, son of Norman, (Nos. LVI., LXXXIII., LXXXIV.).

Page 90. Radulfo Aberdonensi episcopo. Ralph de Lambley (12391247).

Dated, 12th July 1253.

LXXXIV

Normannus de Lescelin filius Normanni constabularii. This will correct Macfarlane (Genealogical Collections, ii. 455), who makes this Norman the son of Alfornus, who (according to Macfarlane) was successor of Norman, son of Malcolm, son of Bartholff. It is possible that Alfornus (as an elder brother) intervened between the two Normans. The charter, cited by Macfarlane, as of Alexander II., must be a charter of Alexander II.; and its date must be 4th December 1247, the very first day of the thirty-fourth year of that monarch.

Of the second Norman, Macfarlane (ibid.) writes that it was 'he who, I apprehend, first assumed the Sirname from the lands of Lessly in the Garrioch.'

1 Earl David's grant of Lesslyn to Malcolm 'filio Bartholf' will be found in Collections on the Shires of Aberdeen and Banff, pp. 546-7. The grant is before 1199. It is confirmed by Earl John of Huntingdon, 1219-1232 (ibid.).

Page 91. Omnem sequelam. See Introduction, p. lvii.

Andrea de Lescelin. This is an early Sir Andrew of Leslie. Andrew was afterwards a frequent name among the Leslies.

Willelmo Theyno de Kintor. The property of Thainston exhibits a survival of the term thanage applied to the royal lands of Kintore.

LXXXV

Date. Before 8th March 1195, for the grant is recorded in Celestine's bull (p. 104).

Robertus de Lundoniis. See Notes on No. 11.

Inverkaithin. It is observable that Robert styles Inverkeithing 'my burgh.'

Page 92. Comite Patricio. Earl of Dunbar. The first named Patrick. He succeeded his father, Earl Waldeve, in 1182 (Chron. de Mailr. s.a.). He was married to Ada, illegitimate daughter of William, the Lion. He was a generous benefactor of the Church, and died, in the dress of a monk, in 1232 (ibid. s.a.)

Simone de Seyntliz. Simon (11.) de Senliz, Earl of Northampton, is said to have had a brother Simon (Nicolas's Historic Peerage of England, p. 415); perhaps our witness.

LXXXVI

Date. Time of Earl David, probably before 1215.

Willelmus de Camera. [Unknown: de Camera is the older form of the word Chalmers, later Chambers.-A. G.] He refers to Earl David as 'dominus meus,' and presumably held land of him. Hamildune is mentioned in the bull of Innocent III. of 23rd January 1215 as a possession of Lindores.

Hamildune. [Unknown.-A. G.] It is possible that this is an English Hamilton, Hambleden, or Hambleton. In Rutlandshire there is Hambleton, Middle Hambleton, and Nether Hambleton. One of the latter two is marked as 'Little Hambleton' in the map of Rutlandshire in Gibson's edition of Camden's Britannia. Little regard is had in the papal writs to the grouping of names, and the fact that the bull of Innocent m. places the possession in the order 'Ratengoden, Neutile, Hameldune, et Mernes' must not be considered as conclusive against the above conjecture as to its being in Rutlandshire, where Earl David had possessions. No. xc. supplies an example of the disregard of locality in the papal records of possession. After eight of the Aberdeenshire churches are mentioned Conington in the diocese of Lincoln appears, and immediately after Kinnethmont in Aberdeenshire.

Page 93. Constantino de Mortemer. We find Constantine de Mortemer witnessing charters of Earl David (Regist. Priorat. S. Andree, pp. 237, 238).

LXXXVII

Date. Between 1232, when John succeeded to the earldom of Chester, and 5th June 1237, when he died.

Stokes. (Stoke, LXXXVIII.) lies south of Market-Bosworth in Leicestershire. [A. G.]

Willelmus de Campania. (Champneys, or Champaingne.)

Page 94. Domino Anketyn. Perhaps Sir Anketill de Foleville who appears as a witness (No. xc.).

Dated, 17th June 1248.

LXXXVIII

Turleston. There is a parish of Thurlaston in Leicestershire. It is spelt Thurleston in Morden's map in Camden's Britannia.

Quadraginta solidos argenti; the three marks of the preceding writ. Domino Alano tunc celarario de Suleby. The abbey of Sulby, in Northamptonshire, was of Premonstratensian monks. The cellarer was a monastic officer of large power and influence, whose duties extended far beyond the cellar of the house. On account of the practical business habits acquired in office the cellarer was not infrequently elected to the post of abbot.

Henrico le frankeleyn de Norhamton. The English franklin held direct of the Crown. He was ordinarily of English (as distinguished from Norman) origin, and a man of good estate.

LXXXIX

Date. The time of Abbot Thomas, who died in 1273. The date of his appointment is unknown, but it was after 1244.

Page 95. Laurencio de monte alto clerico. We find 'Dominus Laurencius de Montealto' [Mowat.-A. G.] witnessing in 1267, or somewhat earlier, the foundation charter of the Messyndew (Maison Dieu) at Brechin, granted by William of Brechin (Regist. Brechin, p. 7). Dundee was in the diocese of Brechin.

On the places, see notes on No. xix.

XC

This, with some unimportant variations in the spelling of proper names, is a repetition of No. xIx., which see.

XCI

Date. The time of Roger de Quincy, Earl of Winton (1220-1264). Perhaps shortly before the dates of the group of charters (Nos. CXLI.-CXLVI) with which it is connected; that is about 1262.

Page 98. Ade de Malcharwiston. Adam witnesses charters in the time of David de Bernham and Gamelin, Bishops of St. Andrews (Regist. Priorat. S. Andree). See Notes on CXLI.

Dated, 24th June 1375.

XCII

On this charter, see Introduction, p. xlv.

XCIII

Dated, 8th March 1195.

See Introduction, p. lxxvi.

Page 105. Duos bisancios. In 1282 we find Pope Martin Iv. sending Master Geoffrey de Veçano as nuncio to collect cess and other dues. St. Thomas's monastery at Arbroath has to pay 2 bezants; Lindores, 2 bezants; Kelso, 1 mark, etc. (Calendar of Papal Registers: Letters, i. 476).

XCIV

This bull was printed by Baluze in his Papae Innocentii III. Opera (Paris, 1682), i. 337, and from that source was reprinted by Turnbull in the appendix to his Liber S. Marie de Lundoris (p. 39). The variants in the text are mostly unimportant, the text of our Chartulary being obviously preferable. Thus Bundamer' appears for Dundemor'; Mineth' for 'Moneth' (the Mounth); Cuningrove' (which gave Mr. Alex. Laing much fruitless trouble in the endeavour to identify the place) for 'Cuningtone,' in the diocese of Lincoln; Ritcheth' for 'Rothket.' Baluze did not print the subscription of the cardinals. With the help of Chacon (Ciaconius) in his Vitae et Res Gestae Pontificum Romanorum et S. R. E. Cardinalium, with the notes Agostino Oldoini (Romae, 1677), every name has been identified; but it would be burdening these pages to notice the histories of these numerous cardinals. The reader, however, may be cautioned against identifying Pandulphus, cardinal-presbyter of the Basilica of the Twelve Apostles, with Pandulphus, the Papal Nuncio, to whom King John, of England, did homage in 1213. Matthew of Westminster and, long afterwards, Bishop Godwin fell into this error.

Bobo was cardinal-deacon of St. Theodorus (not, as by error, in our Chartulary, St. Theodorius).

XCV

This bull (dated 1st February 1214-15) affords some details of the gift of Malise, brother of Gilbert, Earl of Strathern, 'meal and malt, cheeses and swine,' not elsewhere recorded; and establishes the early date of the benefactions of Malise.