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convencionis, ita tamen quod non audiamur in judicio nec aliqua fides dictis nostris vel procuratoris nostri adhibeatur donec de centum et viginti marcis in dicta edicione petitis racione arreragiorum dictarum secte et multure non solutarum, nec non de dampnis et expensis, que vel quas dicti abbas et conventus incurrerint aut fecerint, occasione dicte convencionis non observate, super quibus simplici eorum verbo vel procuratoris sui credi volumus, ipsis abbati et conventui integre et totaliter satisfecerimus. In cujus rei testimonium uni parti istius scripti in modum cirograffi confecti, residenti penes prefatos abbatem et conventum, sigilla venerabilis patris domini Willelmi dei gracia Episcopi Sancti Andree et predicti abbatis de Dunfermelyn una cum communi sigillo capituli nostri sunt appensa, Alteri vero parti penes nos remanenti commune sigillum capituli monasterii de Lundors est appositum. Datum apud Lundors, die conversionis Sancti Pauli apostoli, anno domini milesimo ducentesimo octogesimo

primo.

OF the MULTURE of KYNARD.

To all Christ's faithful who shall see or hear this writ Agnes of Arroch, Prioress of Elyoch [Elcho], and the convent of the same place, health everlasting in the Lord. Let all of you know that a question was raised in debate before the discreet man, N., Lord Abbot of Dunfermline, sole judge delegate by apostolic authority, and his commissary, namely, the Dean of Christianity, of Aberdeen, and master of the schools of the same place, between the religious men [the monks], N., Lord Abbot and the convent of Lundors, pursuers, of the one part, and us, defenders, of the other part, on the multure to be paid from our land of Kynhard, and on the suit to be made to the mill of the said abbot and convent, as if to the mill of the shire of Lundors, which belonged to the said abbot and convent of the gift of Earl David, of famous memory. And on the part of the said abbot and convent the ground of action was put forth to us in the following terms: 'The Abbot and Convent of the monastery of Lundors state and declare in legal process (in jure) before you, Sir, (domine) N., master of the schools of Aberdeen, commissary of N., Lord Abbot of Dunfermline, sole judge delegated by the Apostolic See, against the Prioress and Convent of Elyoch that the noble man, of happy memory, Earl David, for the weal of his soul and of his predecessors and successors, gave and granted in pure and perpetual alms, to the sa me [monks] and their monastery the mill of Lundors withall its suit and multure; to the suit of which mill the vill of Kynhard belonged and belongs. But the same prioress and convent presume, and have long presumed, to hinder the multure and suit pertaining to the mill

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from the same vill [of Kynhard] by withdrawing the men who are bound to the aforesaid suit, so that they should not come to the aforesaid mill, to the prejudice and no small grievance of the abbot and convent. Whence it has come to pass that they have defrauded the said abbot and convent of the aforesaid suit and multure now for thirty and four years past. Wherefore the said abbot and convent seek that the said prioress and convent should be restrained from causing this hindrance, and that the men aforesaid should be compelled by apostolic authority to make the aforesaid suit. The said abbot and convent also seek the arrears of multure arising from the aforesaid suit to be paid to them in full; and they estimate those arrears at the value of one hundred and twenty marks sterling. These things the said abbot and convent allege and seek, reserving to themselves in all things the benefit of law to add to, take from, and change, and to do all other things which can be of advantage to them, and of disadvantage to the opposite party, declaring that they wish to seek the costs incurred or hereafter to be incurred in litigation.'

At length the higher members (majores persone) of our convent were suspended by the aforesaid judges from entering the church; and, having a wounded conscience in regard to this, we have thought it better to retire from the litigation than to further contest the matter. Wherefore we came to an agreement with the aforesaid monks upon the aforesaid suit and multure of Kynhard in this manner, to wit, that so long as it happened that we have no mill of our own built within our own land of Kynhard, the farmers of our said land, or our men residing in it, or any others, whosoever, that cultivate that land, under whatever name they are reckoned, shall make suit and pay due multure to the mill of the said abbot and convent. But after we shall have constructed a mill within the bounds of our said land of Kynhard, for the construction of which the said abbot and convent have given full permission, we shall, from the day on which the mill has been completed, pay every year to the said abbot and convent, in lieu of the said suit and multure, three marks of silver, at the two terms of the year, namely, twenty shillings at Whitsunday and the other twenty shillings at the feast of St. Martin in winter, by our own hands, or those of our farmers, or of the others, whoever they may be, who cultivate the said land of Kynhard. So that if within eight days after each term the abbot and convent shall not have been satisfied for the portion due at that term, it shall be lawful for them thereupon to take poinds from us and our farmers and our men residing in the said land, the consent of none being required, nor leave sought from any. And they may keep these poinds which shall not be repledged by any, nor given at wad, nor in any wise delivered to any, until the abbot and convent shall have been fully satisfied for the portion not paid at the term at which it was due.

And that this agreement may be firm and established for ever, Nicholas, by the grace of God then Abbot of Lundors, for himself, and

his convent, and his successors, and I, the aforesaid Agnes, Prioress of Elyoch, for myself and my convent and those who shall succeed us, have given our mutual faith to observe all the premises faithfully and without diminution in time to come. But if it shall happen, which God forbid, that we, the nuns, or those who succeed us, or any one in our name, or in the name of our church, shall at any time attempt anything contrary to the aforesaid agreement to the prejudice of the said abbot and convent, we will that the said question in dispute [between the monks and us] now settled should be regarded as in the same state in which it was on the day when this agreement was made, yet in such wise that we may not be heard in judgment, nor any credence be given to our words or the words of our proctor, until we shall have fully and completely satisfied the abbot and convent for the hundred and twenty marks claimed in the said formal charge (editione) on the ground of arrears of the said suit and multure not yet paid, and also shall have satisfied for the damages and costs which the said abbot and convent shall have incurred or expended by reason of this agreement not having been observed, with regard to which [damages and costs] we will that credence should be given to their bare word, or to the word of their proctor.

In testimony of which thing the seals of the venerable father, William, by the grace of God Lord Bishop of St. Andrews, and of the aforesaid Abbot of Dunfermline, together with the common seal of our chapter, have been appended to that part of this writ, executed in the manner of an indenture, which remains in the possession of the aforesaid abbot and convent. To the other part, remaining in our possession, the common seal of the chapter of the monastery of Lundors is affixed.

Given at Lundors, on the day of the Conversion of St. Paul the Apostle [Jan. 25], in the year of our Lord MCCLXXXI.

CXXVI

De Kynmuk, de Balbuthan, et de Hathirwych. ROBERTVS dei gracia Rex Scottorum Omnibus probis hominibus tocius terre sue, clericis et laicis, Salutem. Sciatis nos pro salute anime nostre et pro salute animarum omnium antecessorum et successorum nostrorum, regum Scocie, dedisse, concessisse, et hac presenti carta nostra confirmasse deo, et beate Marie | Virgini, Sancto Andree, et Monasterio de Lundors, Religiosis viris Abbati et monachis ibidem deo servientibus et inperpetuum servituris, terras de Kynmuk, de Balbuthan, et de Hathirwych cum multuris earumdem terrarum in escambium terre de Bernes in le Garviauch, quam dicti religiosi habuerunt ex dono et infeodacione Dilecti fratris nostri, domini edwardi

[fol. 88.]

de Brus; Tenendas et habendas dictis monachis et eorum successoribus in perpetuum per omnes rectas metas et divisas suas, in bosco et plano, pratis, pascuis et pasturis, viis, semitis, moris, maresiis, aquis, stangnis, vivariis, et multuris, in aucupacionibus et venacionibus, et cum omnibus aliis libertatibus, comoditatibus, aisiamentis, consuetudinibus, et ceteris pertinenciis ad dictam terram spectantibus, seu alio modo spectare valentibus in futurum, in liberam puram et perpetuam elemosinam, adeo libere et quiete, pacifice, integre, et honorifice, cum omnibus libertatibus et comoditatibus suis, tam non nominatis quam nominatis, sicut aliqua terra alicui monasterio seu pio loco per nos aut predecessores nostros infra regnum nostrum Scocie in liberam, puram, et perpetuam elemosinam data, et concessa liberius, quiecius, plenius, aut honorificencius tenetur aut possidetur, ita quod de dictis terris cum pertinenciis aut de monachis supradictis uel eorum hominibus dictas terras inhabitantibus nichil omnino exigi aut demandari poterit in futurum preter oracionum tantummodo suffragia deuotarum. In cuius.

OF KYNMUK, of BALBUTHAN, and of HATHIRWYCH.

ROBERT [1.], by the grace of God, King of Scots, to all good men of his whole land, clerical and lay, greeting. Know ye that we, for the weal of our soul and for the weal of the souls of all our ancestors and successors, Kings of Scotland, have given, granted, and by this our present charter confirmed, to God, the Blessed Virgin Mary, St. Andrew, and the Monastery of Lundors, the religious men, the abbot and monks, who serve or shall for ever serve God there, the lands of Kynmuk, of Balbuthan, and of Hathirwych, with the multure of the same lands, in exchange for the land of Bernes in the Garviauch (in le Garviauch), which the said religious had of the gift and infeftment (infeodacione) of our beloved brother, Sir Edward de Brus; to be held and had by the said monks and their successors, by all their right meiths and marches, in wood and plain, meadows, pastures, and grazings, roads, paths, moors, marshes, waters, stanks, live-pools, and multures, in hawkings and huntings, and with all other liberties, conveniences, easements, customs, and other pertinents which belong to the said land or can in any wise belong to it in the future, in free, pure, and perpetual alms, as freely and quietly, peaceably, fully and honourably, with all their liberties and conveniences, as well unnamed as named, as any land, given and granted in free, pure, and perpetual alms, by us or our predecessors to any monastery or place of piety (pio loco) within our realm of Scotland, is most freely, quietly, fully, and honourably held and possessed, so that

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