XXXIX

Date. This is a confirmation of William Wascelyn's oxgate in Newtyle. See No. xxxvii. Griffyn perhaps came into possession of Wascelyn's estate by marriage with his widow Mabel. Mr. A. Gibb in his notes offers the same conjecture. G[ilbert?] is abbot of Arbroath,

so the charter must be dated before 1226.

XL

Date. Before 9th August 1248, when the grant was confirmed, No. XLI., and after 1237, when John Earl of Chester and Huntingdon died, whose property was divided between his sisters.

Page 42. Isabella was the second daughter of Earl David, married to Robert de Brus, Lord of Annandale.

This charter is printed from an inferior text (and with errors of the editor added) in Turnbull's Liber S. Marie de Lundoris, p. 14.

The barony of Cragy is east of the town of Dundee.

Miltown of Cragy is well known.

The vill of Abraham has not been identified.

Willelmo de Brechyn, son of Henry of Brechin, Earl David's son. He died about 1284. [A. G.].

XLI

Date. This charter is dated at its close, 9th August 1248.

Robert de Brus, the grantor, was grandfather of King Robert. See Dunbar's Scottish Kings, p. 67.

Page 43. Alexandro Cumyn, Comite de Buchan. The second Cumyn, earl (1240-1289), Constable of Scotland.

Thoma de Lascelis. A knight.

The Registrum Prioratus S. Andree supplies many names of members of this family. Thomas is not among them.

The Bishops of St. Andrews and Dunkeld and the abbot of Dunfermline are commanded by the Pope (Innocent iv.), in 1250, to assign a suitable sum of money to Alan de Lasceles who is going, with Richard called Giffard, kinsman of the King of Scotland, to the Holy Land (Theiner's Monumenta, p. 52).

Gilberto de Haya. See notes on Nos. LXXVI.-LXXIX.

Humfrido de Kirkepatrik. A later personage of the same name appears frequently in the Exchequer Rolls, vol. i.

Hugone de Berkelay. We find Hugo de Berkley among the associates of the Comyns, in 1257 (Scotichron. x. 10). We find him sheriff of Berwick in 1264 (Exchequer Rolls, i. 22). He was Justiciar of Lothian in 1265 (ibid. 27).

XLII-LIII

This group of charters relates to Eglesmagril, in a later form Exmagirdle, in the parish of Dron, in the south-east of Perthshire. For a consideration of the question of the origin of the word and the saint whose name has been supposed to be indicated by 'magril,' the reader is referred to the discussion (not quite conclusive) by the late Dr. W. F. Skene in the Proceedings of the Society of Scottish Antiquaries, vol. iv. p. 318. There is a roofless church with a burying-ground, still occasionally used, close to the old mansion-house of Exmagirdle.

Some observations on the early Earls of Strathern will be found in the Introduction, p. xxxiv, ff.

Dates. The litigation between Guido, the first abbot, and Abraham, Bishop of Dunblane (No. XLII.), shows that the grants of land and of the church had been made at an early date. The dispute, which also involved questions as to the church of Muthill, was temporarily settled in the time of William Malvoisin, Bishop of St. Andrews (1202-1238), and in the time of Earl Gilbert (†c. 1223). See also what is said below on Simon, prior of St. Andrews, and of John, prior of May, which restricts the date to 1211-1214.

No. XLIII. is obviously of about the same time as No. XLII.

No. XLIV. is Earl Robert's confirmation of No. XLIII., and is after 1233 (4th Sept.), when Bishop Clement was consecrated, and before 1256, when he died. If Earl Robert died before 1244, the limits are further abridged.

No. XLV. is earlier than the preceding. It is a grant of Abraham, Bishop of Dunblane, and is mentioned in the bull of Innocent III., dated 23rd January 1215.

Nos. XLVI., XLVII., XLVIII., and XLIX. are also early, and in the lifetime of Bishop Abraham (1214-1223).

No. L. is dated 16th April 1235, and is an amendment of an error in the decree arbitral (No. XLII.) of more than ten years before.

No. LI. is dated 7th May 1235; and Nos. LII. and LIII. must be very soon after.

Page 43. Cletheueis (in No. XLIX. Clethues) seems to be now the lands of Clavage in the neighbouring parish of Dunning. [A. G.]

Page 45. Simone et Johanne, prioribus de Sancto Andrea et de May. Simon appears in Registrum Prioratus S. Andree only as 'S.' See pp. 316, 317, 320, 322. He succeeded in 1211, and resigned in 1225 (Fordun, vi. 50).

John is Prior of May in 1206, and is succeeded before 1214 by William. See Dr. John Stuart's Preface to Records of the Priory of the Isle of May.

Magistro Laurencio. This archdeacon of St. Andrews occurs very frequently in the writs in the Register of the Priory.

Dominum Abraham. This supplies us with what seems to be the earliest notice of Abraham, Bishop of Dunblane.

Elphini, prioris de Incheaffran. [Elphin or Elpin, prior of Inchaffray, has been hitherto unknown. He appears again in Nos. XLV. and XLIX

A. G.]. He must come in between Malise and Innocent, who from prior was raised to the dignity of abbot by the Papal Legate (Scotichron. ix. 36).

Willelmi bone memorie. The phrase bonae memoriae is ordinarily used of deceased persons. We may conjecture that it was added by the scribe who engrossed the record.

XLIII

Page 47. Bricio persona de Crefe et eius filio Malisio. It must be remembered that Brice may not have been in Holy Orders. But even if he were, the mention of his son would not at this date have been regarded as unusual. The sons of priests are frequent in the records of the time; and several Scottish bishops were such.

Rogero de Mortimero. This is, presumably, the Roger de Mortimer, sheriff of Perth, who in 1209 was sent with a brother of the Temple on an embassy to King John of England (Scotichron. viii. 70). He appears as a witness to charters of King William in the Registrum Priorat. S. Andree, and in Liber de Melros, vol. i.

XLIV

Page 48. Domino C. episcopo nostro. Clement, a Dominican friar, was consecrated for Dunblane, 4th September 1233 (Chron. de Mailr. s.a.). He died in 1256 (Scotichron. x. ii.) or 1258 (Chron. de Mailr. s.a.). 'Our bishop' is a peculiar phrase. It must be remembered that the Earls of Strathern were 'patrons' of Dunblane. See p. 57.

Malisio persona. Malise, brother of Earl Robert, was parson of Gask (No. LIII).

Malisio filio meo. Afterwards fifth Earl of Strathern. See Introduction, p. xxxiv.

XLV

This charter is of Bishop Abraham (c. 1214-c. 1224).

XLVI

Page 49. Macbeth, Rex scolarum. We find the expression Rex scolarum in connection with Muthill in No. XLVII. The editor is not acquainted with any other examples of the use of this term. He has consulted eminent Irish scholars, who have been unable to find anything in early Irish literature to illustrate the word as here used.

Page 49. Coneuetum. Coneveth or Conveth. See also Nos. XLVII. and XLVIII. Jamieson considers that the word conveth comes from the Latin convictus, eating together, or an entertainment. Murray in the New

English Dictionary says, 'Ancient Celtic Law: Ancient Irish, Coinmeadh in Tigernach, 1163, Counmedh, .. billeting,' etc. O'Brien makes Comhmheadh equal to 'free quarters.' In modern Gaelic Comaith means messing together. Dr. Skene says Conveth came to signify a night's meal or refection, given by the occupiers of the land to their superiors when passing through their territories, and was due four times a year. It is interesting to find Conevet in operation in Perthshire. The Scologs and Clerici, on their way perhaps to Abernethy or St. Andrews, got a night's board and lodgings, or perhaps for a longer time. [A. G.]

The editor would only add to Mr. Gibb's note the suggestion that just as a procuratio in the ecclesiastical world meant originally an entertainment of bed and board given to the bishop or archdeacon on his visitation, and was soon commuted for an allowance in money, so perhaps in the cases referred to in these charters Conveth had been commuted into a charge on the lands.

Drumendufelis. Place unknown. [A. G.]

XLVIII

Page 50. Clerici de Methfyn. Perhaps students or scholars as in Nos. XLVI. and XLVII. See Introduction, p. liv.

Dated, 16th April 1235.

L

Page 52. Willelmus

episcopus... Glasguenses. William de Bondington, Chancellor of the king in 1231 (Scotichron. ix. 48); elected to Glasgow, 1232 (ibid.); consecrated at Glasgow, 11th September 1233 (Chron. de Mailr. s.a.); died 10th November 1258 (ibid. s.a.) Gregorius: Gregory Ix. This mandate does not appear in Mr. Bliss's Calendar of Papal Registers. But it may be mentioned as a confirmation of the genuineness of the document dated at Perugia, 3rd November 1234, that while the Papal writs of the earlier part of 1234 are dated from the Lateran, we find that towards the end of October the Pope had moved to Perugia, where he seems to have remained till at least the middle of July 1235. See Calendar of Papal Registers, vol. i. pp. 141-148.

Page 53. Venerabili viro Episcopo Sancti Andree. The Bishop of St. Andrews at this date was William Malvoisine, who died 9th July 1238. Apud Lyston. Listun, or Liston, was a parish in the Deanery of Linlithgow (Regist. Priorat. S. Andree, p. 29).

Perhaps this is the place called at a later period Temple-Liston, now Kirkliston, in the shire of Linlithgow. [A. G.]

Dated, 7th May 1235.

LI

Page 55. Clemens Episcopus. Bishop of Dunblane, 4th September 12331256 or 1258.

R. Abbas. This is the R[obert], abbot of Arbroath, in No. LII. Perhaps he was the same Robert who, in 1267, was expelled by the monks, and appealed to the Apostolic See (Scotichr. x. 21). There is a charter of Abbot Robert, dated 1261, in Regist. Priorat. S. Andree, p. 287. For the history of the succession of the abbots of Arbroath our charter is valuable.

J. Abbas. This is the J. [nnocent?], abbot of Inchaffray, of No. LII. P. Abbas. The abbot of Cambuskenneth. See No. LII. There was a 'Peter,' abbot of Chambuskenel, in 1240 (Regist. Priorat. S. Andree, p. 162), probably the person who subscribed this charter.

Hugo, Abbas de Sancto Seruano. This is an abbot of St. Serfs, Culross. This entry will serve to correct a date in Walcott's Ancient Church of Scotland, p. 271. The religious house of St. Serf in Lochleven was only a priory.

Vicarius ecclesie de Methel. The parish was in the deanery of Fothri, and the name appears as Methkil in Regist. Priorat. S. Andree, p. 33, and in Theiner's Monumenta, p. 110.

Page 57. Patroni nostri. See Introduction, p. xxxviii.

The confirmation by the whole clergy of the diocese as distinct from that of the chapter (No. LIII.) is interesting. The abbots of Arbroath, Culross, and Cambuskenneth appear perhaps as holding churches in the diocese or canonries in the cathedral.1

Probably soon after No. LI.

LIII

If bone memorie (p. 58) was not inserted afterwards, it must be dated after the death of William, Bishop of St. Andrews, 9th July 1238.

LIV

This charter is dated 7th April 1239.

For the place-names, see p. 244.

Page 59. De novalibus suis et de nutrimentis animalium suorum. See Introduction, p. xxxviii.

Ad mensam... .. Dumblanensis episcopi. The incomes of the bishops were augmented by parish churches being conferred on them, the free incomes of which, after providing for the priest in charge of the parish,

1 The abbot of Cambuskenneth appears as a prebendary of Dunblane in 1298, and the abbot of Arbroath in 1240. Walcott gives the churches of Abernethy, Abruthven, and Bondington as belonging to Arbroath; and Tullecuttrie, Lecroft, and Kincardine, St. Lathan to Cambuskenneth (The Ancient Church of Scotland, p. 206). He does not notice any church as belonging to Culross.