'cum olim' means (as I understand it) the second of the two chapters of this title which begins with cum olim (for cap. xij. begins with cum olim essemus ').

P. 206, 1. 31. Spe. ti. ti. de actore, versus Item illustris pa. et in ti. de reo vs. Item consul,' etc.

The reference is presumably to the Speculum of Durandus, which the editor has not had an opportunity of consulting.

P. 206, 1. 37. ff. de aqua plu. ar. 1. si tertius, § si quis prius.'

Pandects, lib. xxxix. tit iij. (De aqua, et aquae pluviae arcendae) cap. 6 (si tertius), § 4 (si quis, prius quam).

P. 206, 1. 38. 'in c. ex literis de pig.'

Decretals, lib. iii. tit. xxj. (De pignoribus et aliis cautionibus), cap. 5 (ex literis). The pertinent passage seems to be 'bona. . . cum suo onere transierint ad quemlibet possidentem.'

P. 206, 1. 39. et de decs. cum non sit.'

Decretals, lib. iii. tit. xxx. (De decimis), cap. 33 (cum non sit in homine). The pertinent words seem to be 'quoniam res cum onere suo transit.'

P. 207, 1. 6. ly vt.'

Dr. Maitland Thomson has pointed out to me that this passage is a discussion of the sense in which the word 'ut' is to be understood in the preceding phrase, 'processu trium dierum stante ut valido.' The word 'ly,' 'lie,' 'le,' is familiar in mediæval Latin before vernacular words introduced into the text, as in modern English we might use inverted commas or italics when using a foreign word. It is the old French definite article with a somewhat more demonstrative sense than now attaches to 'le.' The inquiry is into the meaning of the ut, that is, the word 'ut,' in the phrase cited above, and counsel's opinion labours to show that the expression must not be assumed to imply that the proceedings taken. against the abbot by Earl Douglas were acknowledged by the former to be really valid. This contention of his he attempts to support by showing that the word 'tanquam' was sometimes used in phrases where there was a certain resemblance between things which did not in truth belong to the same class.

P. 207, 1. 8. xxvij. q. i. quotquot: notatur in c. nuper de biga.'
Decretum, pars. ii, causa xxvii. quaestio i. c. 24 (Quotquot).
This canon is referred to in the notes to Decretals, lib. i. tit.
xxj. (De bigamis non ordinandis), c. 4 (Nuper a nobis). Innocent

X

III. in the text is discussing the case of one who on his wife's death is advanced to holy orders, and then marries again, or (to be more accurate), 'cum secunda de facto contraxit et cognovit,' His answer is that clerks, who, so far as in them lay, joined themselves in matrimony with second wives, were not to be dispensed tanquam cum Bigamis' 'tanquam cum Bigamis'. . . licet in veritate Bigami non existant.' To the word 'tanquam' the note is added, Hoc tanquam non est expressivum veritatis, sed similitudinarium, juxta illud: existis tamquam ad latronem,' etc. For readers who are not familiar with the Vulgate, I may add that the last four words are from St. Matthew, xxvi. 55, and form a good illustration of this use of tamquam.

The Lindores Ms. undoubtedly reads 'veritas expressivum,' but ' veritas' must be a slip of the pen for 'veritatis,' as in the note to the passage in the Decretals.

II.

NOTES ON THE LEGAL AUTHORITIES IN CASUS' (No. CL.)

P. 212, I. 19 and elsewhere. 'de A. de B.'

In the diocese of Aberdeen were the parishes of the Garioch; and in the diocese of Brechin, St. Mary's, Dundee.

P. 212, 1. 2 from foot. Videtur quod sic.'

It was a common manner of treating questions, theological as well as legal, to first exhibit at length the various arguments in favour of the view which the writer finally rejects. This system of treatment prevails throughout the Summa Theologica of Thomas Aquinas; and instances could be cited of careless and unwary writers alleging the arguments, afterwards replied to, as those of the author.

P. 212, 1. 2 from foot. C. conquerente de off. Ord.'

Decretals, lib. i. tit. xxxj (De officio Judicis Ordinarii), cap. 16 (Conquerente oeconomo monasterii). By the rescript which is embodied in this chapter Honorius III. confirms to the bishop of a diocese in which a monastery is situated his rights to obedience, subjection, reverence, institution and destitution,' correction and reformation, and jurisdiction over all the churches and chapels within his diocese which pertain to the monastery; also 'synodum,' or the right to require attendance from these churches at his synod, and two shillings annually 'in nomine synodatici seu cathedratici.' This

is subsequently answered very easily by showing that it had reference only to churches and chapels within the diocese in which the monastery was situated.

P. 212, 1. 2 from foot. C. quod super hiis, de ma. et ob.'

Decretals, lib. i. tit. xxxiij (De majoritate et obedientia), cap 9. (Quod super his).

Here it is enjoined that abbots and priests subject to a bishop by diocesan law, who refuse to come to his synod, should be compelled by ecclesiastical censure to attend the synod and render due obedience. This, again, does not touch the case, for it refers only to abbots and priests who were subject to the bishop 'diocesana lege,' that is, who were subject to him as within his diocese.

L. 212, last line. xviij. q. ii. c. Abbates.'

Decretum, pars ii. causa xviii.; questio ii. c. 16 (Abbates pro humilitate). In this it is enjoined that abbots should once a year assemble at the place which the bishop might choose. This canon is no more pertinent than the two preceding passages from the canon law.

P. 213, 1. 10. c. nullus, de jurejurando.'

Decretals, lib. ii. tit. xxjv (De jurejurando), cap. 5 (Nullus). This declares that no bishop can compel clerks to swear to him except those to whom some administration of things ecclesiastical has been committed.

P. 213, l. 10. xxiij. di. c. quamquam.'

Decretum, pars i. distinctio xxiij. c. 6 (Quamquam omnes).

P. 213, l. 11. 'xxii. qu. ultima, § ultimo.'

Decretum, pars ii. causa xxii. questio v. (the last Quaestio of this Causa), § 23 (the last section of the last Quaestio). It runs, in almost precisely the language which was repeated by Gregory Ix. in the Decretals, lib. ii. tit. xxjv. cap. 5, already referred to, as follows: Nullus Episcopus Clericos suos, nisi forte quibus Ecclesiasticarum rerum dispensatio commissa fuerit, sibi jurare compellat."

The

Decretum, pars ii. causa xviii. quaestio ii. (the last). word 'canonicam' seems to be an error of the scribe for 'canonica,' the first word of the comment of Gratian appended to the final section.

The reference immediately preceding is repeated.

P. 213, l. 17. 'xviij di. c. Episcopus,' etc.

Decretum, pars i. distinctio xviij. c. ii. (Episcopus). This is a Palea (or addition to the original compilation of Gratian). It runs, Episcopus non debet abbatem cogere ad synodum ire, nisi aliqua rationabilis causa existat.'

P. 213, l. 17, 'ex ore sedentis de privilegio in fi.'

Decretals, lib. v. tit. xxxiij (De privilegiis), cap. 17 (ex ore sedentis), at the end of the chapter. This is from a letter of Innocent III. (written about 1213) to the abbot and monks of Evesham as to a dispute between them and the Bishop of Worcester. The abbot desired to establish that he was exempt from attendance at the bishop's synod, and for this purpose had shown that he was entitled to have the first place after the Bishop of Worcester. The Pope argues that the abbot on his own showing was bound to attend the episcopal (i.e. diocesan) synod, because it would be absurd that he should rank next the Bishop of Worcester at general or provincial synods. But though the abbot and monastery was exempt from episcopal jurisdiction, the abbot was bound to show 'reverentiam et obsequium' to the bishop for the 'members' not exempt, by which was meant probably those who had cure of souls in parish churches belonging to the monastery.

6

P. 213, l. 18. c. dilectus de off. ord. glo. ii. circa medium.'

Decretals, lib. i. tit. xxxj. (De officio Judicis Ordinarii), cap. 18. (Dilectus), glos. ii.

P. 213, l. 21. c. quod super hiis de ma. et ob.'

Decretals, lib. i. tit. xxxiij. (De majoritate et obedientia), c. 9 (Quod super his).

P. 213, 1. 21. xviij. q. ii. Abbates.'

Decretum, pars ii. causa xvii. quæstio ii. c. 16 (Abbates).

P. 213, 1 24. 'de illa regula juris li. vj. odia, etc.'

Sext: lib. v. Appended at the end of the book will be found 'De Regulis Juris.' Of these Regula xv. runs thus:-'Odia restringi et favores convenit ampliari.'

P. 213. l. 35. 'c. dilectus, de off. ord. cum suis notatis.'

Decretals, lib. i. tit. xxxj. (De officio Judicis Ordinarii), cap. 18 (Dilectus). The summary of this chapter as given in the Corpus Juris Canonici, as edited by J. and F. Pithou (Pithoeus), Parisiis, 1687, gives the sense sufficiently: 'Lex diocesana et lex jurisdictionis sunt diversae: unde res judicata in una non obstat agenti in alia.'

P. 214, 1. 10. c. suscepti re. de preb. li. vj.'

Sext: lib. iii. tit. iii. (De præbendis et dignitatibus), cap. i. (Suscepti regiminis).

The point of this reference is to establish that there is good authority for regarding the clergy presented by the monastery to benefices as rectors and not as vicars. The pertinent passage runs as follows:- -'Verum (sicut nobis querela multorum frequens insinuat) Religiosi exempti de proventibus Parœcialium Ecclesiarum, in quibus jus obtinent patronatus, seu Rectorum presentatio pertinet ad eosdem, tantum percipiunt annuatim quod Rectores Ecclesiarum ipsarum non possunt de residuo commode sustentare, et Episcopalia jura persolvere, ac alia incumbentia eis onera supportare,' etc.

P. 214, 1. 21. 'c. conquerente de off. ord.'

Decretals, lib. i. tit. xxxj. (De officio Judicis Ordinarii), c. 16 (conquerente Economo). The pertinent part is Tu autem his juribus in præfatis Ecclesiis contentus existens, non amplius ab eis exigas præter moderatum auxilium, quod juxta formam Lateran. Concilii, si manifesta et rationabilis causa extiterit, cum charitate postulandum, sicut ab aliis Ecclesiis ejusdem diœcesis, pro necessitate temporis, sustinemus.'

APPENDIX VI

LE LIURE DES TROIS FILZ DE ROYS, Erc.

Mr. Archibald Constable, in the notes to his translation of John Major's Historia Majoris Britannia (Scottish History Society, vol. x. p. 165), writes, Brunet (ed. 1862, vol. iii. col. 1126, s.a. Livre) quotes five editions of this work in French, of which the first four were printed at Lyons-in 1501, 1503, 1504, 1508-and the fifth at Paris, undated, but about 1530. The National Library of Paris possesses six Mss. of the work; and a мs. catalogue of Mss. in the same library attributes the work to Charles Aubert, who wrote also a Histoire d'Olivier de Castille. There seems to be no trace of the edition" in nostra lingua vernacula," except in Major, and it is possibly one of the many books now lost that were printed by Walter Chapman in the early years of the sixteenth century.'

That the work is a mere romance will be sufficiently established