Page 197. Thomam, Comitem de Marre. Thomas succeeded his father, Donald (the Regent who fell in the slaughter at Dupplin), in 1332. He obtained the lordship of Garioch, in 1355, on the death of his grandmother, Christian Bruce, on whom it had been conferred by King Robert 1. He died without issue in 1377. His sister, Margaret, was married to William, first Earl of Douglas, who, in right of marriage, became Earl of Mar.

CXLVIII

Dated, at the castle of Kyldromy, 19th August 1359.
Page 199. Thomas, Comes de Marre.

See notes on No. CXLVII.

Apud castrum nostrum de Kyldromy. For an account (about 1725) of the ruins of Kildrummy castle, see Macfarlane's Geographical Collections as cited in Collections on the Shires of Aberdeen and Banff, pp. 590-591. About two years after the granting of this charter David II., for some reasons not explained, besieged and took the castle and placed a garrison in it. Mar obtained leave to quit the kingdom, but was soon received again into the royal favour. See Dalrymple's Annals, ii. 302-3.

CXLIX

The date of this legal opinion is after the accession of William, Earl of Douglas, to the Earldom of Mar by marriage with Margaret, sister of Earl Thomas, i.e. after 1377.

For the references to the Civil and Canon Law and the commentators see Appendix V.

CL

The date of this legal opinion is uncertain.

A. and B. stand for Aberdeen and Brechin.

For the citations from the Canon Law, see Appendix V.

CLI

Dated, at Newburgh, 7th February 1478-9. Sasine is given on 26th March.

See No. CLIII.

Page 216. Vicarius ecclesie parochialis de Inchestur. Inchture in Gowrie. The name in No. CLIII. is Inchthur.

Dompni Jacobi de Rossy. See Appendix IV. pp. 309-310.

His arms are a chevron between two escalops and a trefoil slipped. See Appendix VII.

Date. 24th May 1457.

CLII

This charter was printed in Liber Sancte Marie de Lundoris (pp. 3-5) from the transcript in the Advocates' Library. The variants are

unimportant: in line 9 'predicti' (burgenses) is read 'dicti'; in line 6 (p. 221) fruniendi' is misspelled 'frumiendi'; in line 9 from foot 'possedimus' is read 'possidemus'; 'nostras' in the last line (p. 221) is omitted. There is an exemplification of it in a charter of Abbot John, dated 13th July 1457, preserved in the charter-chest of Newburgh, of which Mr. Laing gives an English translation (Lindores Abbey, pp. 479483).

Page 220. Johannes . . . abbas. See Appendix IV.

p. 310.

Page 221. Secundum formam et tenorem carte. . . regis Alexandri. King Alexander's charter is not found in our volume; but it was copied from the Ms. transcript in the Advocates' Library and printed by Turnbull (p. 8). It grants to the abbot and convent and their successors that they should have for ever' villam eorum que dicitur Novus burgus juxta monasterium de Lundoris in liberum burgum, et forum in eodem burgo quolibet die Martis cum libertatibus burgi et fori. Salvis in omnibus burgorum nostrorum libertatibus.' It is dated 'apud Strivelyn quarto die Marcii, anno regni nostri septimo decimo.' That the king was Alexander III. (not Alexander 11.) we gather from the presence of 'William, Earl of Mar, chamberlain,' among the witnesses. The year, therefore, was 1266. Mr. Alexander Laing has made a curious slip in rendering 'quolibet die Martis' any day in March' (Lindores Abbey, p. 142). The concession is for a market on Tuesdays throughout the year. And so it is expressed in our charter. But the slip is corrected at p. 481.1

6

CLIII

Dated, Newburgh, 27th March 1479. See No. CLI.

Page 224. Infra capellam ejusdem. We find that in 1473 there was a chapel at Newburgh dedicated to St. Katherine (Lindores Abbey, p. 168). Compare No. CLII., where we find that the yearly fair was held on St. Katherine's day, 25th November. The bailies and council of the burgh seem to have commonly transacted burgh business in the chapel (ibid. pp. 175, 510). Mr. Alexander Laing has collected some curious information about this chapel and its chaplains in his volume Lindores Abbey.

CLIV

Fragment of a Public Instrument.

we can infer it, with

The year of this fragment is not given, yet reasonable confidence, from the following data. An ecclesiastic, named De Butyll, appears as Archdeacon of Candida Casa. He also holds some office at the papal court (sacri palacij . . .). Now we find a certain

The weekly market in 1600 was on 'die Sabbati wulgo Setterday.' See Charter of Feu-farm by James VI. to Patrick, second Lord Lindores (Lindores Abbey, p. 500).

Thomas de Butyl (or Butill) in 1388 Provost of the Chapel of St. Mary, Maybole (Calendar of Papal Registers: Petitions, i. 570). In 1390 he is still holding the same office (ibid. p. 574), but we find him petitioning in that year for the archdeaconry of Whitherne (ibid. p. 575). In 1412 we find Thomas de Butyl, Doctor of Canon Law and Papal Auditor, archdeacon of Whiteherne and chaplain of St. Mary's, Maybole (ibid. p. 595). In 1413 he is described as archdeacon of Whiteherne and papal chaplain and auditor, and for him Benedict XIII. (Anti-Pope) reserves 'the church of Abernith' in the diocese of Dunkeld (ibid. p. 599). In 1415 Benedict xш. provides him to the church of Kinkel (valued, with its chapels, at £100), in the diocese of Aberdeen, and also to the canonry and prebend of Inverkethny,' in Moray (ibid. p. 602). Later in the same year he is promoted to the see of Candida Casa. It would thus appear that this instrument should probably be dated some time between 1412 and 1415. But we find remaining in the Ms. just enough of the date to establish that the Instrument was drawn up in the 'Seventh Indiction.' This practically fixes the year as 1414.1

Among the other names occurring in the fragment are Richard Cady, Robert de Dryden, and John Scheves. Ecclesiastics bearing these names are found among the many Scottish petitioners to the Pope about this time. John Scheves, of the Instrument (if we may venture to identify him with the petitioner), rector of the University of St. Andrews and official, petitioned Benedict XIII., in 1418, for the archdeaconry of Teviotdale, and his petition was granted (Calendar of Papal Registers: Petitions, i. 609). In 1394 there was one Robert de Dryden, a priest in the diocese of Glasgow (ibid. p. 617). Richard Cady, priest of the diocese of Dunkeld, was a petitioner in 1409 (ibid. p. 594); again in 1411 (p. 597); and again (now a Bachelor in Common Law) in 1417 (p. 606).

1 The year 1399 was also the 'Seventh Indiction'; but Butyll does not appear as holding an office in the 'sacred palace' till 1412.

APPENDIX I

THE following charter, which in the opinion of the editor is the earliest known writ connected with Lindores, is among the Campbell Charters (xxx. 16) preserved in the British Museum. A fragment of the seal remains attached. The transcript was made by Dr. J. Maitland Thomson, Curator of the Historical Department in H.M. General Register House, Edinburgh, and supplied for this volume.

'Nouerint omnes presentes et futuri quod ego O. abbas et conuentus ecclesie Kelchoensis quietum clamauimus ab omnimoda subiectione et obedientia dompnum Guidonem electum in abbatem ecclesie Sancti Andree de Lundores nec propter hoc quod monachos nostros illi ad edificandum locum illum accommodauimus aliquam potestatem aliquo tempore aliquis abbas de Kelchou habeat super domum vel super abbatem predicte ecclesie Sancti Andree de Lundores nec abbas de Kelchou maiorem potestatem habeat in abbatem vel in predictam ecclesiam Sancti Andree de Lundores quam abbas Sancti Andree de Lundores in abbatem vel in ecclesiam de Kelchou Igitur sola caritas familiaritas et orationes uigeant et ineternum permaneant inter predictas domos et earum personas nulla uero dominatio vel potestas salvo ordine et habitu nostro. Hiis testibus. Willelmo rege Scotie comite Dauid fratre regis Scotie qui predictam ecclesiam fundauit. Rogero electo Sancti Andree Jocelino episcopo Glasguensi Matheo episcopo Aberdonensi · J. episcopo de Dunkeld'. Hugone archidiacono de Sancto Andrea et cancellario domini regis Dunecano comite de Fife comite Patricio G. comite de Stradhern Serlone de Quinti Roberto de Lundres filio regis Malcholmo filio comitis Dunekani · Alano dapifero · Willelmo de Lindesya Waltero de Berchelay. Willelmo Cumino. Willelmo Giffard Walkelino filio Stephani Malcholmo filio Bertoldi Nicholao de Adles Willelmo Wascelin. Barcholomeo monacho Henrico filio comitis et Roberto Basset cum multis aliis.'

(Abstract)

Let all present and to come know that I, O[sbert], abbot, and the convent of the church of Kelso have quitclaimed from subjection and obedience of every kind Sir Guido, elected to be abbot of the church of St. Andrews of Lindores. Nor shall any abbot of Kelso have at any time any power over the house or over the abbot of the aforesaid church of St. Andrew of Lindores by reason of our having lent our monks to him for the building of that place. Nor shall the abbot of Kelso have greater power over the abbot or over the aforesaid church of St. Andrew of Lindores than the abbot of St. Andrew of Lindores has over the abbot

or over the church of Kelso. Therefore may love only, friendship, and prayers flourish and remain for ever between the aforesaid houses and those having authority in them [earum personas; but, possibly, personue is here used in a non-technical sense, meaning simply 'their members'] but no lordship or power, saving our order and habit. These being witnesses

The charter printed above is probably the earliest writ extant relating to the monastery of Lindores. It exempts from the jurisdiction of the abbot of Kelso Guido 'electum in abbatem ecclesie Sancti Andree de Lundores.' The form of expression suggests that it was written when Guido was only 'elect,' that is, when he had not yet received the benediction to his office. This, as well as the general character of the contents, points to a date earlier than the first dated document, the bull of Celestine ш., of 8th March 1195, which is addressed to the 'abbot and convent.' As is well known, Roger de Beaumont, one of the witnesses, was for many years 'elect of St. Andrews' before his consecration. He was elected 13th April 1189 (Chron. de Mailr. s.a.), and not consecrated till 15th February 1198 (ibid. s.a.). In the present charter he appears as 'elect of St. Andrews,' so that a pretty wide margin is allowed for the dating of the document; nor is it limited by the histories of the other witnesses.

But we find Guido as 'abbot' at least as early as 1194 (see Appendix Iv.), so I would place this charter before that date, and perhaps it may be as early as 1191.

1 But one has to acknowledge that in the case of the quitclaim (in like language) by John, abbot of Kelso, of the subjection of Reginald, elected abbot of Arbroath, Matthew, bishop of Aberdeen, one of the witnesses, has added to his name 'qui prenominatum Reginaldum vacante ecclesia Sancti Andree . . in abbatem benedixit.'-Regist. de Aberbroth., vol. i. p. 8.