GENEALOGY COLLECTION

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PUBLICATIONS

OF THE

SCOTTISH HISTORY SOCIETY

VOLUME LVI

CHARTERS OF INCHAFFRAY ABBEY

Febbuaby 1908

CHARTERS

BULLS AND OTHER DOCUMENTS

RELATING TO THE

ABBEY OF INCHAFFRAY

CHIEFLY FROM THE ORIGINALS IN THE CHARTER CHEST OF THE EARL OF KINNOULL Edited by

WILLIAM ALEXANDER LINDSAY, KC.

WINDSOR HERALD

JOHN DOWDEN, D.D., LL.D.

BISHOP OF EDINBURGH

JOHN MAITLAND THOMSON, LL.D.

SOMETIME CURATOR OF THE HISTORICAL DEPART- MENT OF H.M. GENERAL REGISTER HOUSE

With Map and Facsimiles

EDINBURGH

Printed at the University Press by T. and A. CONSTABLE for the Scottish History Society 1908

*3

^ 1389485

PREFACE

s

In the year 1847 the Bannatyne Club published, under the ? title Liber Insule Missarum, the Chartulary of Inchaffray, from ^ a transcript of the original at Dupplin Castle, made by Mr. Henry Drummond. The then Earl of Kinnoull per- mitted the use, ' for a limited period; of the original, which is stated in the preface to the Bannatyne publication to have been at Abercairney before it reached Dupplin.

In the year 1888 the late Earl of Kinnoull entrusted to the custody of Mr. W. A. Lindsay some boxes of Charters in order that they might be arranged by Mr. J. H. Chapman. The boxes contained the original Charters and Bulls to Inchaffray, of which Mr. Lindsay made a careful note. He found many Charters which had not been entered in the Register. And of those printed in the Bannatyne publication few, if any, were per- fectly accurate in their reproduction. Dr. Maitland Thomson, then Curator of the Historical Department of H.M. General Register House, having examined Mr. Lindsay's Note-book for a different purpose, was so impressed with the importance of some of its contents that — his opinion having been reported to the Scottish History Society— Mr. Lindsay was asked if he would edit the Charters for that Society. Ho replied that he would be happy to collaborate in the task with the Bishop of Edinburgh, who had edited the Chartulary of the Abbey of Lindores, if the latter were willing to take part in the work.

In the course of their editorial labours, Mr. Lindsay and Dr. Dowden were in constant communication with Dr. Mait- land Thomson, with whom in his official capacity the Charters

vi

[NCH AFFRAY CHARTERS

were deposited for the Editors' convenience. His services were so extensive that they fell il desirable that his name should appear on the title-page as one of the editors. Dr. Thomson is responsible for the collation of the proof-sheets with the original Deeds, and the footnotes to the text; for the dating and chronological arrangement; for the Notes, signed with the initials 8M. T.\ on persons and places, appended to Dr. Dowden's Notes on the several Charters, etc.; for the details of the map, the conception of which is due to Mr. Lindsay; and for the two Appendices which bear his name. The photographic reproduction of the more interesting Charters was made under his direction; and the documents printed from sources other than the Dupplin Charter chest w ere for the most part collected by him and their inclusion approved by the original editors.

The three editors would now, on behalf of the Society, offer their thanks in the first place to the Earl of Kinnoull for placing at their disposal for publication the Charters and other records which give to this book its chief value and interest ; and in the second place to the Duke of Atholl, the Duke of Montrose, Captain P. Blair Oliphant of Ardblair, the custodians of the Vatican Archives, the authorities of Magdalen College, Oxford, of Edinburgh University, and of the Register House, and the Society of Antiquaries of Scot- land, for granting the use of the documents specified in Appendix iv. They have also to acknowledge the kindness of Mr. W. Rae Macdonald, Carrick Pursuivant, for his Notes on the Seals (Appendix i.), and for superintending the photographic reproduction of some of them ; and to thank Professor Donald Mackinnon for his valuable Appendix (No. eh.) on the Place-Names. For courteous asistance of various kinds the editors have been indebted to the Rev. Dr. W. D. Macray, rector of Ducklington ; to the Rev. John Anderson,, now Curator of the Historical Department of the General Register House ; to the Master of Clare College, Cambridge ;

PREFACE

vii

to Canon Christopher Wordsworth ; to Mr. H. J. Ellis, of the MSS. Department, British Museum ; to Dr. George Neilson ; to Mr. Andrew Ross, S.S.C., Ross Herald; to Dr. Hay Fleming, Secretary of the Society : and to others to whom specific acknowledgment is made in the Notes and Appendices : to each of whom they now offer their thanks.

The first part of the Introduction, on the abbey and its churches, and the Notes, chiefly on ecclesiastical persons, are the work of Dr. Dowden. The second part of the Introduction, on the Earls of Strathern, other benefactors, and principal persons mentioned in the Charters, is contributed by Mr. Lindsay.

The Dupplin Charters, etc. were transcribed for the Society by Mr. John Macleod. The Index has been prepared by Mr. Alex. Mill of the Signet Library.

CONTENTS

PAGE

introduction- Part I : The Abbey of Inchaffray and its Churches —

The Founding of the House of Austin Canons, . . xxvii

' Second Tithes ' of Food used in the Earl's Court, . xxviii

Papal Bulls against Alienations, .... xxx Early Notices of Parishes and of the Cathedral

Establishment of Dunblane, . . . . xxxi Ecclesiastical Changes in the Time of Bishop Clement

(1233-1258), ....... xxxiv

Further Grants of Churches to the Abbey, . . xli The Parish Church of Nesgasc and the Hospital of

SS. James and John at Brack] ey, .... xlviii

Part II : The Earls of Strathern ; Other Bene- factors and Principal Persons mentioned in the Charters —

Stewards and Murray, ...... lxxv

Murray of Drumsargard, ...... lxxvi

Ardrossan, . . . . . . . lxxviii

Comyn, . . . . . . . . lxxix

Dunning, . . . . . . . . lxxx

Glencharny, . . . . . . . .lxxx

Gorthie, . . . . . . . . lxxxi

Lovetoft, ......... lxxxii

Macnaughten, . . . . . . . lxxxiii

Mekfen, ......... lxxxiv

Petlandy, ........ Ixxxv

De Quincy, ........ lxxxvi

Miscellaneous, ........

Gordon and Drummond, ...... xc

Appendix to Introduction, ...... xcvii

X

INCH AFFRAY CHARTERS

( I! VRTERS OF INCHAFFRAY —

Charter Abstract

i. Svmon, bishop of Dunblane, grants the PAQB PA015

church of St. John of [nchaffray to

Isaac and hi^ successors, . . . 1 175 ,

ii. Earl Gilbert grants to the brethren of

[nchaffray a croft of three acres, . . 1 175 in. Earl Gilbert grants to the brethren of

[nchaffray the church of Abruthven

( facsimile 1 ), 2 176

n . Earl Gilbert grants to I nchaffray the church

of Madderty, 3 176

v. Earl Gilbert grants to Inchaffray a tithe of

hiscains, . ■ . . . . . 3 176

vi. King William's confirmation of the earl's

gift of the church of Abruthven (fac- simile 2), 4 176

vn. Grant of the Abthen of Madderty by John,

the first bishop of Dunkeld, . . . 4 177

viii. Bull of Innocent in. in favour of J. hermit and the brethren of St. John of Strathern {facsimile 3), 5 177

ix. The Great Charter of Earl Gilbert, found-

ing the monastery of Austin Canons

( facsimile 4), 6 177

x. Jonathan, bishop of Dunblane, confirms all

the grants of Earl Gilbert's Great Charter so far as his diocese is concerned (fac- simile 5), 9 179

xi. Earl Gilbert grants certain lands to Inch-

affray and the canons there serving God, 11 180 xn. Another charter of the same grants with the same witnesses, but with many variants in the spelling of the proper names ( facsimile 6), . . . . 12 -180

xiii. Earl Gilbert's grant of the church of Ab-

ruthven to the canons, . . . .13 180

xiv. Earl Gilbert's grant to the canons of the

church of Madderty, . . . . 13 181 xv. Earl Gilbert's grant to the canons of the

church of Kynkell, . . . .14 181

CONTENTS

xi

		Charter	Abstract
XVI.	Earl Gilbert's grants to the canons of the
	tithe of his cains, etc., liberty to fish in
	his waters, and to take timber from his
	woods, .	15	181
XVII.	Earl Gilbert grants to the canons leave for
	fishing and fowling. He grants second
	tithes as recounted in No. xvi. : also the
	right of cutting timber, and of pannage.
	He also promises that he and his heirs
	will not convey any land or let it for
	rent without securing the rights of Inch-
	affray, . . . . .	16	182
XVIII.	King William confirms the grants of the
	churches of Madderty, Kinkell, and
	Auchterarder,	17	182
XIX.	Earl Gilbert grants a place for a mill on
	the Pow Water, . . .	18	183
XX.	King William's confirmation of the lands
	granted by Earl Gilbert (facsimile 1), .	18	183
XXI.	Bull of Innocent hi. taking the monastery
	of St. John of Inchaffray under his pro-
	tection, and confirming to it its posses-
	sions, . . . . ...	19	183
XXII.	Confirmation by King William of Earl
	Gilbert's gift of the church of Dunning
	and of the church of St. Serf of Moni-
	vaird, .	21	185
XXIII.	Confirmation by Richard i., bishop of Dun-
	keld, of the Abthen of Madderty, .	22	185
XXIV.	Confirmation by King William of certain
		oo	185
XXV.	Earl Gilbert grants the chattels of executed
	criminals to the monastery, .	23	1 85
xxvi.	Grant of a croft in Edardoennech by Tris-
	tram ( facsimile 8),	24	186
XXVII.	Confirmation of No. xxvi. by Earl Gilbert,	24	186
XXVIII.	Earl Gilbert grants the church of
	Fowlis, . . .	25	186
XXIX.	Confirmation by King William of the grant.
	No. xxviii., ......	26	1ST

xii

INCHAFFRAY CHARTERS

		Chart lt	Abstract
XXX .	Bishop Abraham's grant of the church of		I'MIK
	Abruthven (facsimile 9)>	2(>	187
XXXI.	liisliop Abraham's grant of the church of"
	Auchterarder, . . .	27	187
XXX 1 1	Confirmation by John n., bishop of Dun- kcld, of the grant of the church of
	Madderty	27	187
XXXIII.	Grant of Balraakgillon by Earl Gilbert,	28	188
XXXIV.	Grant of a site for a mill by Earl Gilbert, .	29	188
WW .	King Alexander n. grants exemption from
	toll,	29	188
WW [.	Bishop Hugh's confirmation of the church
	of Madderty { facsimile 10), .	30	188
WW II.	Earl Gilbert's gift of part of the adjacent
	marsh, . . . . . . .	81	189'
WW III.	Seller de Quincy, earl of Winton, grants
	ten acres in Gask in exchange,	31	189
XXXIX.	Confirmation by Earl Gilbert of his grants
	in lands and churches { facsimile 11)	32	190
XL.	Confirmation by King Alexander n. of Earl
	Gilbert's grants to InchafFray, . .	34	190
XLI.	Confirmation by Robert, son of Earl Gilbert,
	of lands and churches { facsimile 12),	35	191
XLII.	Roger de Quincy's Confirmation of his
	father's grant, .....	36	191
XLI 1 1.	Earl Gilbert's grant of leave to the canons
	to hold courts of their own, .	37	191
XLIV.	A duplicate of the preceding, . .	38	192
XLV.	Earl Gilbert's grant of the church of Trinity
	Gask, .......	39	192
XLVI.	Grant of land by Ysenda, countess of
	Strath ern, . . . . .	40	192
XLVII.	Robert, son of Earl Gilbert, pledges his faith never to harass the abbot and con-
	vent, but to defend and support them, .	41	193
XLVIII.	A second charter of Hugh, bishop of Dun- keld, confirming; the grant of the church
	of Madderty, .	42	193
XLIX.	Confirmation by Hugh, bishop of Dunkeld,
	of the Abthen of Madderty, .	43	194

CONTENTS

xiii

		Charter	Abstract
L.	Bishop Hugh's quitclaim of cain and cone- f n
	veth, . .	44	19*
LI.	Earl Robert's confirmation of churches, lands, tithes, and other things (facsimile
	13),	44	194-
LIT.	Earl Robert's grant of the land called Rath,	45	194*
I. III.	King Alexander n. takes the abbey under his protection, and grants the right to pursue and capture runaway neyfs
	(facsimile 14), . . .	46	195
LIV.	King Alexander n. grants and confirms the
	tithe of his rents in Auchterarder,	46	195
LV.	Earl Robert's confirmation of grants of land,	47	195
LVI.	Grant of land by Theobald, son of William
	(facsimile 15), .« . .	48	196
LVII.	Grant of lands by Robert of Meggefen,	48	196
lviii.	Earl Robert's confirmation of Robert of
	Meggefen's grants, ....	49	196
LIX.	Confirmation by Gilbert, bishop of Dun- keld, of the church of Madderty, and the Abthen of Madderty, and the quit-
	claim of cain and cone veth, .	50	197
LX.	Agreement between the abbot and convent of Inchaffray, of the one part, and the
	bishop of Dunblane, of the other part, .	51	197
LXI.	Remission by Clement, bishop of Dunblane,
	of six pounds,	52	198
LXII.	Confirmation by Pope Gregory ix., .	53	199
LXIII	Quitclaim and grant by Duncan of Mel-
	ginch, . . . .	54	199
LXIV.	Agreement between Abbey of Inchaffray
	and the Hospital of Brackley ( facsimile Hi),	55	199
LXV.	Geoffrey, bishop of Dunkeld, confirms the
	grants of his predecessors,	56	•200
LXVI.	The dean and chapter of Dunkeld quit- claim the cain and coueveth from the
	Abthen of Madderty, ....	58	201
LXV II.	Confirmation by the chapter of Dunblane of churches in the diocese belonging to
	[nchaflfray (facsimile 1.7),	59	SOI

\1\

INCH AFFRAY CHARTERS

Charters Abstract

1 Will.	( oniirni.it ion by Gilbert de Hay of a grant of lour bolls of wheat, and a further
	grant by him of four other bolls, .	60	202
LXIX.	Grant of land in the town of Perth by
	Richard of Leicester, a burgess,	61	203
LXX.	Quitclaim by William son of Hawok,	62	203
l.XXl.	Another charter of William, son of Hawok,	63	203
LXXII.	Confirmation of W illiam son of Hawok's
	sale by the convent of Scone,	64	204
LXXIII.	Grant of the church of Kilmorich in the
	diocese of Argyll, . ....	64	204
LXXIV.	Another charter to the same effect as No.
	LXXIII. { facsimile 18),	65	204
LXXV.	Grant by Fergus, son of Earl Gilbert, of a
	chalder of oatmeal,	66	204
LXXVI.	Earl Malise commutes second tithes in
	kind into a payment in money,	66	205
LXXVII.	Earl Malise enjoins on Brice, thane of Dunin, to pay the twenty marks referred
	to in No. lxxvi., .....	68	205
LXXVIII.	Commission of Pope Innocent iv. for re-
	covering the property of the monastery,	68	206
LXXIX.	Commission of Pope Innocent iv. to en- force the observance of an agreement between Inchaffray and the bishop of
	Dunblane, ......	69	206
LXXX.	Pope Innocent iv. confirms an ordinance made by the bishops of Glasgow and
	Dunkeld,	70	207
LXX XI.	Concurrent Letter of Innocent iv. to the abbot of Scone and the prior of St.
	Andrews, ......	71	207
LXXXII.	Another commission of Pope Innocent iv. for recovering the property of the
	monastery, ......	72	208
LXXXIII.	Grant of Lands in the town of Arbroath, .	73	208
LXXXIV.	Commission of Pope Alexander iv. for re- covering the property of the monastery
	{facsimile 1.9),	74	208
LXXXV.	Grant of the church of Inishail,	75	209

CONTENTS

XV

Charter Abstract

lxxxvi. Grant of the advowson of the church of PAGE PAGE Cortachy ( facsimile 20), ... 76 209 lxxxvii. Grant of a serf with his children, . . 77 209 lxxxviii. Grant of another serf with his children, . 77 209 lxxxix. Confirmation by Pope Urban iv. of an agreement between Inchaffray and the Hospital at Brackley in Northampton- shire, 78 210

xc. Confirmation of the church and Abthen of Madderty and of the quitclaim of cain and coneveth by Richard, bishop of Dunkeld, . . . . . .79 210

xci. Indenture between the abbey of Inchaffray and Tristram of Gortyn as to certain

lands, 80 211

xcn. Charter on the same subject by Tristram

of Gortyn, 82 211

xciii. Confirmation by Pope Clement iv. of the

Church of Madderty, . . . .83 212 xciv. Commission by Pope Clement iv. to the archdeacon of Lothian for the recovery of the property of the abbey, . . 84 212 xcv. Earl Malise's grant of leave to take stone

from his quarry of Nethergask, . . 85 212 xcvi. Six marks and four marks charged by Earl Malise on the rent of Abercairney for payment to the abbot and convent of Inchaffray, • 4 . . . 86 21 3

xcvu. Endowment of a chaplaincy at Inchaffray

by Earl Malise, . . . 87 213 xcvm. Grant by Brice of Ardrossan of one mark to the chaplain celebrating in the alms- house, 88 214

xcix. Grant by Brice of Ardrossan of sixteen

acres, 90 215

c. Another grant by Brice of Ardrossan, . 90 2 l ;> ci. Letter Testimonial by Brice of Ardrossan that he has given sasine of his land in

Petlandy, 92 21 6

en. Grant.of land by Malise, son of Earl Gilbert, 92 216

W 1

INCHAFFRAY CHARTERS

Charter Abstract

I in. Grant of land in Pethlandy by Luke, son PA0I! of Theobald 9*

M\. Commission of Pope Gregory x. for re- covering the property of the abbey, . 95

t \ . ( rrant by I .uke, son of Theobald, of a toft

and croft in Petlandy .(X>

cvi. (-rant b\' Luke of the brewhouse of

Petlandy, . 97

i vii. Bull of Pope Nicholas m. granting a faculty to use privileges which had been formerly granted by Popes, but which, through negligence, had not been used, . . . • 98

< \iii. John Gumyn's grant of right of way by his wood and the bridge of the black ford (facsimile 21), .... 99

<;ix. John Cumyn's grant of a serf, . . 100

ex. Agreement between the Abbey and

Walter, baker, of Perth, ... 101

cxi. Indentured Agreement between Andrew, abbot of Cupar, and Hugh, abbot of Inchaffray, 102

cxn. Grant of the advowson of the church of

Strowan { facsimile 22), . . .104 cxin. Indentured Agreement between Earl Malise and the Monastery, concerning twenty marks from Dunning and Peti- karne, instead of the increment of second tithes [facsimile 23), , . 105 cxiv. Charter of Earl Malise in., granting twenty marks yearly for the augmenta- tion of second tithes, .... 107

cxv. Earl Malise in. assigns to whom the ten

marks from Petkarne were to be paid, 109 cxvi. Ratification by Sir John of Johnstone,

knight, of a grant made by his wife, . 109 cxvu. Earl Malise in. declares that no prejudice to the immunities of the monastery should be created by a special act of favour (facsimile 24), . . . .110

216 217 217 217

218

218 219

219

220 220

221

CONTENTS xvii

Charter Abstract

PAGE PAGE

cxviii. Settlement of a dispute as to the patron

age of the vicarage of Strugeith, . . 110 223 cxix. Confirmation by the bishop of Glasgow

of the grant of the church of Buthbren, 113 224 cxx. Commission of Pope Clement v. for re- covering the property of the monastery, 113 224 cxxi. Grant by King Robert i. of the lands of

Cardny and Dolcorachy, . . . 114 225 cxxn. Commission of Pope John xxn. for re- covering property of the monastery, . 115 225 cxxin. Grant by King Robert i. of the patronage of the church of Kyllyn, under the Privy Seal, .... . . 116 225

cxxiv. Grant of the same under the Great Seal, 117 225 cxxv. Mandate of King Robert i. for the ob- servance of No. cxxi. (facsimile 25), . 118 226 cxxvi. Confirmation by William, bishop of Dun- keld, of the grant of the church of

Kyllyn, 118 220'

cxxvu. Confirmation of cxxvi. by the chapter of

Dunkeld, 120 227

cxxvnr. Settlement of a dispute between Andrew

de Moravia and the abbey, . . .120 227 cxxix. Acknowledgment by Maurice de Moravia, 1 22 228 cxxx. Indenture between the abbey and Sir

Maurice de Moravia, . . . .122 228

cxxxi. Confirmation by Pope Clement vi. of King Robert's grant of the church of Kyllyn, . . . . . .124 22.0

cxxxn. Testification by the archdeacon of Dun- blane as to the right of the abbey to twenty shillings yearly from the land

of Petty nefive, 1 24 22.0

cxxxm. Robert, earl of Strathern, grants forty- two marks from the thanage of Duning, as of'old (facsimile 26), . . .125 230 cxxxiv. Confirmation of charters by Robert, earl

of Strathern, • 126 230

cxxxv. Surrender of deeds by Nevin MacKwyin

and Marion, his* wife (facsimile 27)j . 127 231

Will

INCHAITUAY CHARTERS

Charter Abstract

cxxxvi, Grant ofCarniboby Roger of Mekfen, . (\w\ii. Granl of land lor a lighl in the church, .

\w\ in. Declaration by David, carl of Strathern, that a grant of subsidy by the abbey must not be drawn into a precedent, .

. \\\i\. Petition to Pope ( lenient VII. to confirm the election of William of Culross as abbot. .... CXL. Petition to the same for confirmation of

the church of Strugeith, cxli. Papal Commission to the Bishop of Dun- keld to provide to the abbey, 19 July 1387—

[Clement vil] to the bishop of Dun- keld [John de Peebles], CXLII. Confirmation, by Godfrey of He, of the chapel of the Holy Trinity in (North) Uist and of certain lands, . CXLIII. Confirmation by Donald, Lord of the

Isles, . . . . cxliv. Obligation by Paton Young to warrant the abbot and convent against claims by Meg Makky upon a rood of land in Perth, 22 July 1439- In Scots, . cxlv. Grant of Land at Mekven (facsimile 28), cxlvi. Creation, by King James n., of the barony of Cardenay out of the lands of the monastery, ..... cxlvii. Confirmation by King James n. of the brewland of Mekven, .... cxlvii i. Leave to fish for eels in Polpefery, . cxlix. Alexander Mersar, son and heir of Robert Mersar of Innerpefery, ratifies the grant of his father (No. cxlviii.) on the following day, 25 June 1454, cl. Sentence of Robert, bishop of Dunblane,

as to a certain mortuary, . . cli. Grant by King James iv. of leave to dig a stank, .

PAGE PAGE

130 232

131 232

131 233

132 233

133 233

134 234

136 236

137 236

137 138

139

143 144

236 237

237

238 239

147 239

148 239 150 240

CONTENTS

xix

Charter Abstract

CHARTERS, etc., IN THE APPENDIX—

i. Charter of King William confirming certain PAGE PAGE lands to Malise, son of Ferteth, earl of Strathearn, . . . . .153 241

ii. Grant of the lands of Madderty by King

William to Earl Gilbert, . . .153 241 in. Commission of Innocent iv. to investigate a dispute between the provost and chapter of St. Mary's and the prior and convent of the cathedral at St. Andrews, 154 242

iv. Agreement between the Master and

brethren of the Hospital of SS. James and John, of Brackley, of the one part, and Robert, bishop of Dunblane, of the other part, as to the church of Gasknes, . 155 243

iv a. Gift of the church of Gask to the Hospital

of Brackley, 157 245

iv b. Confirmation of the above by King Alex- ander ii., 158 245

v. Grant by Earl Malise to his sister Mary of

leave to search for and possess certain neyfs {facsimile 29), . . . .159 245

vi. Obligation by George, abbot of Inchaff'ray, that within twenty days after his admis- sion to the abbacy he will appoint Laurence, Lord Oliphant, to be bailie thereof, 25 January 1568-9, • • .159 246 vn. Petition of Mary, Queen of Scots, to the Pope, that the commendam of Inchaffray should be granted to James Drummond, 160 246 vin. Gift of the abbacy by Queen Mary to James

Drummond for his lifetime, 26 July 1565, l6l 247

ix. Institution of James Drummond to the

abbacy of Inchaffray, .... 163 '21-7

x. Confirmation under the Great Seal of a

'l ack by the Commendator and convent of Inchaffray to David, lord Drummond, or Dame Lilias Ruthven, his spouse, of the Abbey and whole benefice thereof

w

INCHAFFRAY CHARTERS

Charter Abstract

for their lives for yearly payment of 900 PA0K „A0B marks, Scots. The lack is dated 7 Nov- ember l. Mil), the Confirmation 24 Feb- ruary 1565-6, 165 248

xi. Drafl of Royal Signature erecting the Abbacy into a temporal lordship, c, 1609; inserted as giving the best available list of the abbey possessions at the dissolution,, 170 248

HEADS (PRIORS AND ABBOTS) OF THE CON- VENT OF AUSTIN CANONS AT INCHAFFRAY, 249

NOTES ON THE CHARTERS, BULLS, etc.—

LIST OF THE BISHOPS OF DUNBLANE FROM 1150 TO 1466, . 258

LIST OF THE BISHOPS OF DUNKELD FROM 1178 TO 1452, . 26l

NOTES ON THE CHARTERS, ETC., ...... 26*3

NOTES ON THE CHARTERS IN THE APPENDIX, . . . 303

APPENDIX I.—

INCHAFFRAY SEALS, BY W. RAE MACDONALD, . . , 309

i. Ecclesiastical Seals, . . . . . . 309

ii. Lay Seals, . . . '. . . 312

APPENDIX II.—

THE ABBEY LANDS, BY J. MAITLAND THOMSON, . . . 3l6

APPENDIX III.—

NOTES ON THE PLACE-NAMES IN THE INCHAFFRAY CHARTERS,

BY DONALD MACKINNON, . . . . . . 323

APPENDIX IV.—

SOURCES OF THE TEXT, BY J. MAITLAND THOMSON, . . 331

APPENDIX V.—

ADDITIONAL PARTICULARS OF ABBOTS OF INCHAFFRAY, . . 336

INDEX, . .... . . . . . 339

LIST OF ILLUSTRATIONS, ETC.

Ruins of Inchaffray Abbey, 1794. From an engraving

lent by the Earl of An caster, . . al page xxiii

Map of Inchaffray and surrounding District, . . page 31 6

FACSIMILES OF CHARTERS, ETC.

At end of volume.

Note. — Most of the facsimiles are on a more or less reduced scale in order to adapt them to the size of the page. The measurement therefore of each original is given : this is taken along the top and left hand edges in the cases where the document is not rectangular.

1. Earl Gilbert's grant of the Church of Aberuthven, c. 1198.

Size 8j by 5yF in. No. in. p. 2.

2. King William's confirmation of the foregoing, 1199-1200.

Size 6f by 4T5^ in. One word concealed under the fold.

No. vi. p. 4.

3. Pope Innocent m.'s Bull of Protection, 1200. Size 7§ by 6\ in.

No. viii. p. 5.

4. Earl Gilbert's foundation of the Priory, 1200. Size 8| by

18| in. No. ix. p. 6.

5. Bishop Jonathan's confirmation of the foundation of the

Priory, c. 1200. Size 6}f by 15 J in. No. x. p. ,0.

6. Earl Gilbert's second grant of the Maderty lands, r. 1200.

Size 8§ by lOf in. No. xn. p. 12.

7. King William's confirmation of the Maderty lands, 1201-02.

Size 8| by 4 J in. No. xx. p. 18.

8. Tristram's grant of a croft in Gorthy, c. 1208. Size 6J by

3T7F in. No. xxvi. p. 24.

9. Bishop Abraham's grant of the church of Aberuthven, c. 1211.

Size by 4 in. No. xxx. p. 26.

10. Bishop Hugh of Dunkeld's grant of the church of Maderty.

1214-21. Size 9 J by 4 J in. No. xxxvi. p. 80.

11. Earl Gilbert's general confirmation, 121}). Size 9 by I5j in.

No. xxxix. p. 32,

12. Robert's general confirmation as heir of the earldom, r. 1 220.

Size 8f by 7 in. No. XL?, p. .T>.

xxii INCHAFFRAY CHARTERS

IS. Robert's general confirmation as carl, 1223-24. Size 6}, by .; : in. No. li. p. 44.

1 k King Alexander n.'s U tter of protection, 1225. Size 7 J by ;> I in. No. LIII. p. 46.

15. Theobald's grant of land in Pitlandy, 1226-34. Size 6} by g| in. No. lvi. p. 48.

1(>. Indenture between the Abbey and Brackley Hospital, 1238. Size 7| by in.1 No. lxiv. p. 55.

17. Dean and chapter of Dunblane's confirmation, 1239/40. Size 8| by 8j in. No. lxvii. p. 59-

IS. Gilchrist Macnaugton's second grant of the church of Kil- morieh. c. 1247. Size 6T9^ by 3| in. No. lxxiv. p. 65-

10. Pope Alexander iv. 's commission to recover alienated posses- sions, 1256. Size 10| by 18i| in. No. lxxxiv. p. 74.

20. Karl Malise H.'s grant of the church of Cortachy, 1257.

Size 8^ by 4^% in. No. lxxxvi. p. 76.

21. John Comyn's grant of the canons' road to Perth, 1278.

Size 12| by 4j in. No. cvm. p. 99.

22. Earl Malise m.'s grant of the patronage of the church of

Strowan, 1282-83. Size 10T\ by 5\ in. No. cxn. p. 104.

23. Indenture between Earl Malise in. and the Abbey, 1283.

Size llj by 8| in. No. cxni. p. 105.

24. Earl Malise m.'s deliberation anent an aid given by the canons,

1287. Size 7f by 3f in. No. cxvu. p. 1 10.

25. King Robert i.'s precept following on his grant of Cairnie,

1318. Size 7TV by 2 J in. No. exxv. p. 118.

26. Earl Robert Stewart's precept to pay the annual rent out of

Dunning, 1358. Size 9yf by 4T5g in. No. exxxm. p. 125.

27. Quitclaim by Nevin Macewin and his wife, 1365. Size 14|

by 10 J in. No. exxxv. p. 127.

28. Robert de Mekven's grant of the Brewland of Mekven,

1443/44. Size 10T\ by 5h in. No. cxlv. p. 138.

29. Earl Malise n.'s grant to his sister Mary of the right to pursue

her serfs, 1268/69, Size 8 by 3 in. Appendix No. v. p. 159.

30. Earl Gilbert's first seal (obverse) and second seal (obverse and

reverse). Size 2| in.

31. Seal of the Abbey (obverse and reverse), sixteenth century.

Size 2| in.

32. Double page (24 verso and 25 recto) of the Abbey Register,

fifteenth century. Size llj by 7f in.

1 Measurements of this Deed and of the seal appended thereto (p. 309), made by Mr. G. E. Baker, Estates Bursar, Magdalen College, Oxford.

INTRODUCTION

PART I

THE ABBEY OF INCHAFFRAY AND ITS CHURCHES

Some six miles east of the town of Crieff, and not many hundred yards to the north of Madderty Station on the rail- way line between Perth and Crieff, on a wooded mound stand the scanty remains of the once important Abbey of Inch- affray. The gable end of a range of conventual buildings running north and south, with a round-arched vault adjoin- ing, and some of the side walls of the structure are all that has survived destruction.1

The records presented to the reader in this volume leave no doubt that prior to the establishment of the house of Austin Canons by Earl Gilbert in the year 1200, Inchaffray had been regarded as a place of more than ordinary sanctity, and was the seat of a religious community of some kind or other.

The name, 6 Inchaffray the 6 Isle of Masses 1 (Insula Mis- sarum), points to a spot where the most sacred rites of religion were celebrated with more than common frequency. All the endowments which appear in the first eight charters as arranged in the present volume, including the church of Abruthven and the church of Madderty, the tithe of the earl's cains, and the

1 For a description in detail, see MacGibbon and Ross, Ecclesiastical Archi- tecture &f Scotland, vol. iii. pp. 502-6. The curious may also consult the not very intelligible account of the state of the ruins in 1789 communicated to General (then Lieutenant) Hutton. This will be found in a paper by Mr. A. G, Reid, of Auchterarder, to the Proceedings of the Society of Scottish Aniinuai rVf, vol. xxxii. pp. 166-70.

[NCHAFFRAY CHARTERS

land of the Abthen of Madderty, appear to have been granted before the founding of the priory of Austin Canons. Some two years before Ear] Gilbert's Great Charter establishing the priory the body of Gilchrist, the first-born son of the earl, had there been laid to rest.

The early grants if will be observed are made, not to 'canons,1 but to 'brethren.'1 And the bull of Pope Inno- cent in. (No. vni.) addressed to 'J. hermit and the brethren of St. John of Stradhern1 at once suggests the picture of a com- munity like that of the 6 Keledei hermits 1 of Lochleven, brought before us in some of the early writs preserved in the Register of the Priory of St. Andrews.2

The grant to Isaac and his successors of the church of St. John the Evangelist of Inchaffray by Symon, Bishop of Strathern (No. i.), including as it does the right of sepulture to any who might desire it, data jure propriae ecclesiae, is evidence that this church was not a parish church. The grant is exactly of the kind not infrequently given to the church of a monastic institution.3

The process of the gradual extinction of the religious com- munities, which had their origin in the ancient Celtic Church of the country, had been going on during the twelfth century. It was ordinarily effected in no violent way, but by a system of absorption into the religious communities which were being introduced from England and France on the swell of the high tide of Anglo-Norman opinion and sentiment, which at this period so profoundly affected the civil as well as the ecclesias- tical life of Scotland.

1 There are instances to be found when Keledei affected the name of canons — ' Keledei quidam qui se canonicos gerunt' {Regist. Priorat. S. Andree, 370); but this was for a purpose, and is quite exceptional.

2 See Reg. Pr. S. And., p. 113 ; and on communities of hermits see Skene's Celtic Scotland, vol. ii. chap. vi.

There can be, in my opinion, no reasonable doubt that Bishop Symon's charter, as we have it, is a copy (unfortunately somewhat bungled by the copyist) of a genuine charter. See the Notes, p. 263.

INTRODUCTION

XXV

The stronger Celtic communities, as, for example, the Keledei of St. Andrews, continued, though with ever diminish- ing powers, to survive for many years side by side with the newly established communities destined eventually to absorb them. Inch affray shows no sign of having been other than a small and uninfluential brotherhood ; and the will of the powerful Earl of Strathern was able to convert it at one stroke into a priory of Canons Regular. It seems to me that the first of the bulls of Innocent nr. (No. vm.) suggests that the inten- tions of the earl had been known to the members of the old community, and that they sought to obtain protection against the change from the Apostolic See. The brethren of Inchaffray do not say that they feared the action of Earl Gilbert, but only petitioned to be taken under the protection of the Pope and confirmed by him in the possession of their property, and more especially of the benefactions of the earl. Their petition to the Pope was (as I venture to conjecture) an effort, feeble though it might be, to secure papal protection for the old Celtic house. The bull, dated December 4, 1200. was probably granted after Earl Gilbert's Foundation Charter of the Priory had been executed,1 but before the earl's doings were known at Rome. Explanations, however, must have been made to the Pope, and the recalcitrant brethren of the old foundation either recon- ciled or silenced. That the negotiations took some time we may perhaps infer from the fact that the papal confirmation of Earl Gilbert's new foundation was not issued till nearly three years later (No. xxi.).

The head of the new foundation appointed by Earl Gilbert was Malise, who is described as * presbyter and hermit? We may suppose him to have been one of the brethren of the previously existing community. Whether all or any of his fellow religious were eventually admitted into the house of Austin Canons we cannot say. Abbot Rower tells us thai

1 See the notes on No. ix.

XXV]

INCH AFFRAY CHARTERS

Earl Gilbert brought canons from the Augustinian house at Scone to Inchaffray.3 And it is obvious that the Augustinian rule of the Canons Regular would have to be learned from some who were acquainted with it. But Malise was given power to choose those whom he would adopt into his house, and it is conceivable that when it was found that resistance was unavailing some of his old companions may have joined him.

Bower correctly assigns the foundation of the house of Austin Canons at Inchaffray to the year 1200.2 But we may well hesitate to accept, in its literal sense, his statement that Earl Gilbert divided his earldom (comitatum suum) into three equal parts, giving one part 4 to the church and bishop of Dunblane,' another part 'to St. John the Evangelist and the canons of Insula Missarum,' and reserving the third part 6 for himself and his heirs.'3 What, I suspect, may have been the origin of this story was perhaps some rough tripartite divisions of the churches in his patronage, of which he retained only a third, dividing the rest between the bishopric and the priory.

The existence in the immediate neighbourhood of Inchaffray of an 6 Abthen,' the Abthen of Madderty, might raise the suspicion that the brethren of St. John were a survival of an ancient Celtic abbey at Madderty, but I am not aware that there is any evidence for the existence of an ancient abbey at this place. I take it as more probable that the Abthen of Madderty consisted of lands once possessed by the ancient Abbey of Dunkeld. The Bishop of Dunkeld speaks of the Abthen as being 4 our land ' ; and, when, on the petition of Earl Gilbert and his brother Malise, the bishop granted the Abthen to Inchaffray, it was subject to a reddendo to the bishop of a mark yearly. Again, the clerks of the church of Dunkeld were entitled to cain and coneveth (afterwards quit- claimed 4) from the lands of the Abthen.

1 Scotichronicon, viii. 73. a Ibid., viii. 73.

2 Ibid.) viii. 61.

4 See Nos. L., lxvi.

INTRODUCTION

xxvii

Earl Gilbert in his own grant of the Abthen (No. xi.) makes no reference to any superiority of the Bishop of Dun- keld. He grants it to Inchaffray just as he grants other lands of his own. Yet it seems plain that what he granted in fact was only such possession and right as he had in the Abthen, and that in the strictness of law he held of the Bishop of Dunkeld. Examples are frequent of abbey-lands of the old ■Celtic Church passing into lay hands. But the instance before us shows that we need not assume that these alienations of church property were effected by plunder and violence. Here, at all events, a nominal superiority remained with the Bishop of Dunkeld.

The Founding of the House of Austin Canons

What has been already said may, I hope, lead the reader to be not unwilling to accept the conception of the whole trans- action, concerned with the establishment of the priory of Canons Regular of St. Augustine, which has gradually formed itself in the mind of the writer. The devout Earl Gilbert, unlike that staunch Scottish nationalist, his father, Earl Ferteth, had yielded to the prevailing Anglo-Norman influence, -and determined to do at Inchaffray what had been done else- where. It was just at this time another great noble, Gilchrist, Earl of Mar, was forcing the Keledei of Monymusk to adopt the rule of the Canons of St. Austin. At earlier dates Austin Canons had been substituted for Keledei, or were now in process of absorbing them, at Lochleven, St. Andrews, and elsewhere. I conjecture that one of the old community, * Malise hermit and presbyter,1 had favoured the proposals for change made by Earl Gilbert, and was chosen by him as first prior, while the rest of the brethren under * J. hermit/ who disliked the change, and anticipated being ousted from their home and possessions, had sought to defend themselves by •obtaining a confirmation from the Apostolic See. This con-

XWlll

[NCHAFFRAY CHARTERS

firmation we have in the first l>nl I df Innocent in. (No.

Mil.).1

When e xplanat ions were made at Rome, but not till .after some considerable delay, the Pojpe approves of Earl Gilbert's new foundation, and the bull of confirmation was granted on June 30, 1203. After this we hear no more of hermits at [nchaffray ; and the 'brethren' give place to 'canons.'2

Immediately after the foundation of the house of Austin Canons, the earl anticipated the possibility of his earlier charters to 4 the brethren ' being produced in opposition to the rights of 4 the canons,1 and dealt with such possible opposition by declaring such charters annulled (No. xvii.).

'Second Tithes' of Food used in the Earl's Court

The grant to Inch affray, by the founder of the priory, of second tithes, viz. the tithe of his cains, in wheat, meal, malt, cheese, flesh, fowl, and the fish which came to his kitchen, has elsewhere in Scottish record 3 parallels more or less close. King- Alexander i. granted to Scone half of the hides 6 pertaining to his kitchen," all the skins of rams and lambs, half of the tallow and fat, and a tithe of the king's loaves wherever he might be

1 Dr. Reeves {British Culdees, p. 142) thinks it probable that Malise, the first prior, was the Malise, ' parson of Dunblane,' who witnesses a charter of the bishop about the year 1190. But Reeves had not before him the correct text of the Great Charter, which reads 'presbyter ' not ' persona.' There is no ground for supposing that Malise was at once a hermit and a parish clergyman.

2 The confirmations by Bishop Richard I. (No. XXIII.) and Bishop Hugh (No. XLIX.), as merely reciting the language of the early charter of Bishop John I. (No. vii.), are no real exception to the view that chatters using the word 'brethren' are before, and charters using the word 'canons' are after, Earl Gilbert's foundation of A. p. 1200. King William's confirmation (No. XVIII.) avoids both words and uses the term viri religiosi, equally applicable to the 'brethren' and the 'canons.'

:: An excellent- example from English record is cited by Selden {History of Tithes, p. 320). Maude de Mandeville, Countess of Essex,, grants to the niins of Clerkenwell ' totam decimam totius victus nostri et familke nostra? ubicunque fuerimusde panibus et potibus, et carnibus, et etiam de piscibus." This charter Selden assigns to about A. D. 12 16. .VAVj '

INTRODUCTION

XXIX

north of Lammermuir.1 The grants of Malcolm iv. to Kelso from his kitchen are of a similar kind.2 Duncan, Earl of Fife, granted to the nuns of North Berwick the whole tithe of his house, of grain, meal, malt, cheese, and butter, the tithe of his larder, and the tithe of his kitchen in flesh and fish.3 And other examples could be cited.4

The question has perhaps presented itself to readers of these early charters — How could it have been secured that these grants from the larder and the kitchen were duly rendered to the grantees ? The volume before us gives the answer so far as the house of the Earl of Strathern was concerned. We are presented with the curious picture of an official (minister) of the Abbey of Inchaffray living in the household of the early boarded at the earl's cost, and treated as well as one of his own servants. His duty was to haunt the larder and the kitchen, and to demand and receive the tithes on behalf of the monastery.5

It is obvious that an arrangement of this kind could scarcely avoid breeding friction in the houses of the kings and nobles. And we have evidence in the case of other religious houses that 4 second tithes' of the kind described were soon com- muted for grants of land or of money. In the present case we find Earl Robert, who succeeded in 1223, confirming to the Abbey of Inchaffray 6 decimas omnimodas in domo nostra1 (No. li.). But at a later date there were complaints about inadequate payments of the earl's tithes of cams and of the

1 Liber de. Scon, Mo. i. - Liber de Calchou, pp. v, vi.

■! Carle Monialium de A'ort/tberwu, p. 5.

i See the foundation charter of Holyrood and King David's confirmation ol Dunfermline {Reg. de Dunfermelyn, No. 1); Karl David's Great Charter of the Abbey of Lindores ( Chariulary of the Abbey of Lindores, p. 4), etc. The frequent scarcity of food and the occasional threatenings of famine during the mediaeval period (and this is true of England as well as of Scotland) made grants 01 this kind to religious houses of no small importance.

5 See No. XVI, One might conjecture that ' R. decimarius' (No. 1 V.) ma) have been this official, but it would be hazardous to assert more than that tl is ES possible.

\\\

INCH AFFRAY CHARTERS

food used in his house. And in one of Karl Malise^ charters (No. lxxvi.) we find indications of the process of commutation into a money payment.

Papal Bulls against Alienations

Papal bulls against alienations, and for the recovery of church property in danger of alienation through long leases, are found from time to time in our monastic records, lint they are not very frequent. From this, however, it must not be inferred that they were not frequently granted. They were not the kind of documents that would help to establish legal rights to property. They were general in their language, and having served their purpose, they would not be of much use if pre- served in a Register.1

The fine series of original bulls against alienations preserved in Lord Kinnoull's collection is exceptionally full. There are two bulls of Innocent iv. (dated 1248 and 1252), and bulls of Alexander iv. (1256), Clement iv. (1266), Gregory x. (1274), ■and Clement v. (1307). To these there has to be added a bull of John xxu. (1317) from a transcript in the Library of the Society of Scottish Antiquaries.2

The drift of all such bulls is the same, — there must be no injurious alienation of the property of the Church. Long leases and bargains seriously injurious to the Church, though reduced to writing in public instruments, and fortified by the solemnities of oaths, and by the renunciation of appeals to law, nay, even when supported by letters of confirmation from the Apostolic See in communi forma obtentis, should be revoked by authority of the Pope.3

1 The Register of Inchaffray does not contain transcripts of the bulls here noticed.

2 Nos. LXXVIII., LXXXII., LXXXIV., XCIV., CIV., cxx., CXXII.

:; The common law of the Church on alienations will be found in the Decretals of Gregoiy IX., lib. iii. tit. xiii. Scottish ecclesiastical statutes (of the thirteenth century) on the subject will be found in Statnta Ecclesie Scolzcane, vol. ii. pp. 15, 16.

INTRODUCTION

xxxi

It may be observed that the formulary of style used in the Papal Chancery was in some cases more appropriate to monastic possessions on the Continent than to those in Scotland. The reader will not infer that the Abbey of Inchaffray possessed 4 vineyards,1 because they are mentioned by Clement iv. (No. xciv.), and by Clement v. (No. cxx.) as forming part of its property. It is in a similar way we must explain the 'vineyards' of the Priory of St. Andrews which are named among its possessions in a confirmation of property by Innocent iv.1

A poor monastery, like that of Inchaffray, surrounded by powerful neighbours, would be obviously exposed to peculiar temptations to meet some pressing need by arrangements as to their lands which in the long-run might prove highly detri- mental to the interests of the house. The abbot and convent of Inchaffray admit that they as well as their predecessors had made grants which proved to be in enormem ipsius manasterii lesionem. But the danger was real even for the greater religious houses.'2

Early Notices of Parishes and of the Cathedral estarlishment of dunblane

The monastery itself and most of its appropriated churches being in the diocese of Dunblane, the charters of the present volume from time to time throw some valuable side-lights on diocesan history.

The obscurity surrounding the origin of the parochial system in Scotland is so great that we should be grateful that, even though it be but in one case, we can approximately fix

1 ' Cum terris, pratis, vineis, nemoribus,' etc. — Regist. Priorat. S. Andree^ P- 93-

2 See the papal bulls on behalf of Dunfermline, Contra feudotarios ami (' V alienata revoceniur. — Regist. de Dunfcrinelyn, pp. 184, 186. Compare also Liber de Sron, No. 121. For a similar bull addressed to the Bishop of Si. Andrews in 1387, see Cal. Pap. Reg., iv. 256.

INCH AFFRAY CHARTERS

the date of the endowment of a parish church. The establish- ment of the bishopric of Dunblane by David [. must be placed about the year 1150. The first appearance of its first bishop, Laurence, in a dated document is in the year 1155. It is perhaps impossible to say with preci sion in the case of Dunblane whether the parishes, with precise parochial limits, preceded the bishopric, or the bishopric the parishes. But with regard to one parish church, that of St. Cathan of Abruthven, we learn that it received its dowery land {terra in dotem) from the father and mother of Earl Gilbert, Earl Ferteth and his wife Ethen.1 Now Earl Ferteth died in the year 1171.2 The origin of the other parish churches in the gift of Earl Gilbert is not mentioned. They were doubtless older than Abruthven ; and, from the fact of the earl possessing the jus patronatus, it is not improbable that they had been originally endowed by the family of the Earls of Strathern.

The dedications of the five churches granted by the Great Charter, and of five out of the six churches granted subse- quently by Earl Gilbert, all point in a striking way to the memories of the ancient Celtic Church in the district of Strathern. St. Serf appears thrice, at Dunning, Monyvaird, and Tulliedene ; St. Bean, at Kinkell, and at Fowlis; while we find St. Ethernan at Madderty (in the diocese of Dunkeld), St. Patrick at Strogeith, St. Kessog at Auchterarder, St. Bridget at Kilbride, and, as we have seen, St. Cathan at Abruthven. The solitary exception is the church of the Holy Trinity at Gask ; but, of course, this church too may have had its origin in the times of Celtic Christianity. By the time of Earl Gilbert, however it may have been in earlier days, each church has its terra dotalis, and its rights to teinds and dues. Parochial boundaries and parochial right may not come clearly into evidence till after the great Church revival subsequent to the time of Queen Margaret ; but that churches were numerous in

1 No. xiii.

'J CJiron. de Mailros, s.a.

INTRODUCTION

xxxiii

early days throughout this district of Scotland cannot be doubted.1

Other parish churches are mentioned incidentally in charters of Earl Gilbert's time, as, for instance, Crieff, Muthill, Strowan, Tippermuir, Cargill, Aberdalgie, and Cluny, some in the diocese of Dunblane, others in the diocese of Dunkeld.

Confining ourselves for the present to Dunblane, we find some contributions to the Fasti of the bishopric. An attempt at determining the succession of the bishops will be found elsewhere.2 As regards the archdeacons, we find John, Arch- deacon of Strath ern in the time of Bishop Jonathan.3 He seems to have been succeeded by Gilbert, either before the death of Bishop Jonathan or while Bishop Abraham was still only elect (No. xxix.). Gilbert continues Archdeacon of Strathern after the death of Earl Gilbert (No. li.), and is found as archdeacon in 1234 (No. lxl). In January 1239-40, Luke is archdeacon (No. lxvii.).4 Master Augustine is the next Arch- deacon of Dunblane who appears in our records. He was in office in 1283 (No. cxiii.). In 1287 W. de Munros is arch- deacon (No. cxvm.). After a wide lacuna we have Nicholas of Kynbuk archdeacon in 1358. Andrew is archdeacon in 1365 (No. cxxxv.). From other sources some of the deficiencies of this list can be supplied. But the names given above are here exhibited to show that with care something might yet be done to supply a regular and consecutive list of the leading officials of even such an obscure diocese as that of Dunblane. We shall not burden these pages with an attempt to exhibit the succession of the deans of Dunblane. The evidence is less

1 The careful presentation of the Latin text by Dr. Maitland Thomson (see .No. xxxix.), enables us to offer an explanation of the origin of the form ' Iphernan ' (for 'Ethernan') which sometimes appears. The Anglo-Saxon letter ]) was probably mistaken for p.

2 See p. 258.

;{ It seems to be this archdeacon whose son Gilbert witnesses No. x\m. 4 We find Master L. (perhaps the same) dean of Dunblane at a later date (No. LXXV.).

XXXIV

INCH A Fl RAY ( i I A RTERS

abundant than in the ease of the archdeacons; but here too a good (leal might be done by careful research.1

Ecclesiastical Changes in the Time ok Bishop Clement (12&3-1258).

On the death of Abraham, Bishop of Dunblane, which must have occurred shortly after the accession of Earl Robert, the bishopric appears so much impoverished, through alienations, that it was all but impossible to find a fit person to accept the see. We find, indeed, that a certain Ralph was elected to the see ; but he seems to have resigned before his consecration. There is also evidence that Osbert held the see for some time ; but before 1231 he was admitted to the monastery of Holyrood, and died there a professed canon of the house. Bishop Clement, who succeeded, in the presence of Pope Gregory ix. gave a pitiable account of the condition in which he found Dunblane. He says that the see was destitute of the solace of a pastor for nearly ten years, and that the revenues were scarcely sufficient to support the bishop in decency for a half- year. If his statement as to the ten years be correct, it must be interpreted by supposing that Osbert had early in his episcopate retired to Holyrood and resigned : in other words, that he was not bishop at the date to which his death is assigned. Or, possibly, Osbert continued to be nominally bishop but was non-resident. The condition of things was such that the Pope committed to the Bishops of St. Andrews^ Brechin, and Dunkeld to make provision to the see. They advanced Clement, a Dominican friar ; 2 and their choice was

1 The only attempt at work of this kind with which we are acquainted will be found in the pages of Mr. Mackenzie E. C. Walcott's work, The Ancient Churc of Scotland. But its deficiencies are very great, as will he seen (not to go outside the pages of the present volume) by a comparison of his list of the arch- deacons with the few contributions supplied above only from the charters before us. Beside Scottish record the labourer in this field would, of course, consult the Calendar of Papal Registers.

2 The Dominicans (Jacobins) had been introduced into Scotland in 1230.- Scotichr. ix. 47.

INTRODUCTION

XXXV

j ustified by the event. Everything points to Clement having been an active and capable prelate.

Clement was consecrated on September 4, 1233. And some four years later Gregory ix., in a remarkable letter,1 informs the Bishops of Glasgow and Dunkeld that Clement had described to him the miserable condition of the cathedral church of Dunblane. The building was without a roof, the divine service was conducted by a country chaplain (capellanus nivalis). Tli ere was no ' collegium,'' that is, there was no body of canons at Dunblane, and the bishop could not find a place where he might lay his head.

To restore things to some decency, and supply the bishop and a chapter with a revenue for their adequate maintenance, the Pope issued a mandate to the Bishops of Glasgow and Dunkeld, first to ascertain the accuracy of Clement's account, and then, if they found it to be correct, to adopt one of the two following courses. They were either to assign a fourth part of the teinds of all the parish churches of the diocese of Dunblane to the bishop for his own maintenance and the maintenance of a dean and canons, if the two bishops could do this absque gravi scandalo : or else they were to transfer the episcopal see from Dunblane 6 to the monastery of St. John of the canons regular in the aforesaid diocese,'' i.e. to Inchaffray, and to assign to the bishop the fourth part of the teinds of the parish churches which were held by secular parsons. In other words, the only churches which in that case were to be mulcted were those churches which were not appropriated to monasteries. There would be no need to provide for a chapter, which would be furnished by the canons of the monastery of Inchaffray. Thus we see how very near things came to the disappearance of the bishopric of Dunblane, and the erection of a bishopric of Inchaffray, at least, to the appearance of the bishopric of Strathern with its see at Inchaffray, the canons of

1 Theiner, Monumenta, No. 91.

d

X \ \ VI

INCHAFFRAY CHARTERS

which monastery wore to have the i*i t of electing to the bishopric in the event of a vacancy.

If the latter course had been adopted, we should have had a cathedral constituted like St. Andrews. But as the events show, the Bishops of Glasgow and Dunkeld resolved on the first of the two alternatives.

That there was much opposition to this diverting of a fourth of the tenuis away from the parsons and the monasteries may be naturally assumed ; and the actual evidence that is forth- coming shows us that the monasteries, at least, made a struggle to resist, or to secure as good terms as possible. The agree- ment between the convent of Inchaffray and Bishop Clement on this subject (showing that Inchaffray had raised opposi- tion to the payment of a fourth) obtained a confirmation from the Pope, which is printed for the first time in this volume.1 The struggle on this subject between the bishop and the monasteries may be placed about the year 1238. It was certainly so in the case of the Abbey of Cambuskenneth, which had three parish churches in the diocese of Dunblane,2 and which contested the bishop's claim till an amicable settle- ment was made on January 29, 1239-40.3

The agreement made between Cambuskenneth and the bishop is interesting as exhibiting the two commissioners of Gregory ix. (the Bishops of Glasgow and Dunkeld), in the process of creating anew a chapter for the cathedral of Dun- blane. The Abbot of Cambuskenneth and his successors were henceforward to be canons of the cathedral chapter, and were required to find four marks yearly for a vicar {i.e. a vicar of the choir) who would serve for them in the church of Dun- blane. Four other marks were to be paid yearly by Cambus-

1 No. lxxx. This confirmation by Innocent iv. (dated April 24, 1251) had in all probability been preceded by a confirmation of Gregory ix., which is not now forthcoming.

2 Kincardin, Tulybody, and Tulicultry.

3 See Regist. de Cambuskenneth, No. 125. ,

INTRODUCTION

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kenneth to be disposed of by the Bishop of Dunblane 6 pro sue voluntatis arbitrio.* The abbey, in return, was to be free of the fourth of the teinds, and was permitted to have chaplains instead of perpetual vicars, to serve its three churches.1

It was probably about this date, or perhaps a little earlier, that in the reconstruction of the chapter of Dunblane the Abbot of InchaffVay was assigned a canonry — the cathedral dignity next the dean — the precentorship, which we find him occupying in later documents.

A similar arrangement seems to have been made with the Abbey of Arbroath, which held in the diocese of Dunblane the church of Abernethy, with the chapel of Drun and the chapel of Erolyn. We find the Abbot of Arbroath a canon of Dun- blane ratiohe monasterii sui, and taking part in elections of the Bishops of Dunblane in records towards the close of the thirteenth and beginning of the fourteenth century. And the ordinance of the papal delegates settling the questions between the Abbey of Arbroath and Bishop Clement (which must be dated about 1239) is recorded in the old register of the abbey. Its details need not be described here in full : it is enough to say that the abbey was to cede to the bishop the whole of the altarage of Abernethy and certain lands, and the bishop was to provide for the service at Abernethy, and to supply a vicar of the choir to serve at Dunblane nomine abbaiis et convejitus, while the abbot was to be installed a canon of the cathedral, and to be granted a toft at Dunblane for his manse.2

Attention may be called to the confirmation by the chapter of Dunblane granted on the Sunday next before the Feast of the Purification in the year 1239 (i.e. 1239-40). Now, in that year the Sunday so described fell on January 29, the very

1 The system of serving parish churches hy chaplains was less costly to the monasteries than the appointment of vicars. And the charters of tin- present volume show that permission to have their churches solved by chaplains was much desired hy the monasteries. - . 8 Rtgist, V< /ns, No. 241.

XXW111

INCH AFFRAY CHARTERS

d.iv (iv. Kal. Feb.)on which the Bishops of Glasgow and l)un- keld (being then at Dunblane) declared the Abbot of Cambus- kenneth to be a canon of Dunblane. If we may venture on conjecture, on this day too the papal commissioners may have appointed the Abbot of Inehaffray to be preeentor. If this were so, his first act would seem to have been the sub- scribing, as he does in a very neat hand,1 as preeentor, the confirmation of the churches which he (as abbot) and his con- vent held in the diocese. Nicholas is the name of the precentor, and Nicholas] is the name of the Abbot of Inehaffray in charters that come nearest to the above date, both before and after.2 But, however this may be, it is certain that in the reconstituted chapter of Dunblane the Abbot of Inehaffray and his successors held the dignity of precentor, taking rank immediately after the dean, and before the chancellor and treasurer. The abbots of Arbroath and Cambuskenneth, though holding canonries, do not appear in the cathedral as dignitaries.3

Clement was full of vigour in recovering the property of his cathedral as well as in the work of reconstructing the material fabric. Shortly after his consecration we find him in controversy with the Abbey of Inehaffray in regard to the churches of Abruthven and Tulliedene, and the second tithes of the Earl of Strathern. The matter was referred to arbitra-

1 See facsimile of No. lxvii.

2 It is to be noted that 'N ' appears as Abbot of Inehaffray in April 1239. * H ' is an error of transcr ption for ' N ' in Chartidary of Lindores, p. 59.

B From the letter of Boniface VIII. (October 16, 1296) we learn that Thomas, Abbot of Inehaffray and precentor of Dunblane, together with Henry, Abbot of Arbroath and canon, and Patrick, Abbot of Cambuskenneth and canon, were among the compro??iissarii who had elected Alpin to the bishopric. See p. 251. The papal letter expressly states that the precentorship of Thomas and the canonries and prebends of the other two abbots were held by them ratione dictorum monasleriorum (Theiner, Monumenta, No. 355). The letter is also printed by Stevenson {Documents Ilhistrative of the History of Scotland, ii. 115- 117); but the word praeceptoriam (in Stevenson) is an error for precentoriam . Again, Maurice, Abbot of Inehaffray (himself afterwards Bishop of Dunblane), takes part as one of the chapter in the election of Nicholas of Balmyle to the bishopric. — Theiner, Monumenta, No. 386.

INTRODUCTION

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tion, and the judgment of the arbiters, dated August 1234, we possess.1

When the question of the payment of the fourth of the tenuis of their parish churches arose, Inchaffray, like the other monasteries, endeavoured to make as good terms as possible. Eventually the dispute was settled in the following way. The abbey was to pay yearly twenty marks for a 4 dignity,' and ten marks for a 4 prebend." to be established de novo in the cathedral of Dunblane.2 The dignity was presumably the precentorship to be held by the abbot. In return for these payments the abbey was to be free of the payment of the fourths ; and, further, the abbey was to be favoured by allowing some of its parish churches to be served by chaplains instead of vicars, while in the case of others of its churches the bishop consented to a 'modest' sum being assigned to the vicars. In other words the abbey might save by a reduced payment to the vicars who discharged the duty in certain of its parish churches.3

In his efforts to secure his fourths of teinds, or their equivalents, Bishop Clement had to encounter not only the religious houses, but also the lay-patrons of the churches in his diocese. So far as we know at present, the record of negotiations with the Earl of Strathern arising out of the papal decree for the reformation of the episcopal and cathedral revenues has perished. But we possess the record of a compromise between the bishop and Walter Cumyng, Earl of Menteith, determined by the papal delegates, the Bishops of Glasgow and Dunkeld,4 which relates to a claim of Clement to a , pensio from the churches of which the earl possessed the patronage. The bishop was to renounce for himself and his

il 1 No. lx. • '

2 In cathedrals of secular canons the 1 dignities ' were ordinarily the deanery, the precentorship, the chancellorship, and the trcasurership. :1 See No. LXXX.

4 Dated Octave of St. John Baptist, 1238. The deed is printed in the Appendix to the Preface (pp. xix-xxxii) of Lib. Lns. Miss,

xl

INCHAFFRAV CHARTERS

successors all claim to Hie pcusio ; he was to make no opposi- tion to the earl's constructing the house of Austin Canons in the isle of Inchmahomok (Inchniahome) ; and to these religious he was to give the church of the isle (in the Lake of Menteith) and the church of Lanyn (Lany, now Leny), which churches were to he served by chaplains and not by perpetual vicars. While on the other hand the earl was required to assign the church of Kippen to form the prebend of a canonry in the cathedral, to which canonry the earl and his successors were to present ; he was also to cede to the bishop whatever rights he had in the church of Callander.1 There is, I think, no good ground for supposing (as is suggested by Mr. Cosmo Innes2) that the papal delegates were not making satisfactory terms for the Bishop of Dunblane.

The importance of the crisis in the history of the see of Dunblane, affecting as it did not only the revenues of the see and the constitution of the cathedral chapter, but also the story of the three abbeys, and more particularly of Tnchaffray, will, it is hoped, justify the fulness of treatment bestowed on this episode in our ecclesiastical annals. The appointment of abbots to cathedral canonries was attended by the evil of non- residence in the cathedral town. And the evil of non-residence was throughout the whole mediaeval period a frequent cause of complaint both in England and Scotland. On the other hand, when weighty matters came up for consideration before the chapter the presence of men of capacity, such as the abbots commonly were, must have been a real advantage. Again, when the chapter of the cathedral was engaged in the duty of electing a bishop, men who were known to the electors as brother-canons, and were liked by them, would often be, so to speak, in the running for the bishopric. Inchaffray gave one bishop, Arbroath gave two bishops, to Dunblane.

In 1276 Kyppen was worth 20 lb. a year. — Theiner, Momimettia, p. 115. Lib. Ins. Miss.) Preface, p. xviii.

INTRODUCTION

xli

Further Grants of Churches to the Abbey

To the five churches granted to the priory of Inchaffray by Earl Gilbert, in the Foundation Charter, he added before July 1 203 1 the church (St. Serfs) of Dunning.

About 1210 the church of St. Bean of Foul is (Wester) was granted by the same benefactor (No. xxix.); and before the earl's death further grants were made of the churches of St. Serf of Mony vaird, St. Bridget of Kilbride, St. Serf of Tullie- dene 2 and Trinity Gask. In all, eleven parish churches were bestowed on the house of Austin Canons by Earl Gilbert.

The material is not extant for making a comparison of the value of these parish churches and the incomes of the vicars who served them. In the valuation exhibited in Boyamund's accounts (in the years 1275, 1276) as printed by Theiner,3 the value of these churches (as distinguished from the vicar- ages) is perhaps to be included (with the exception of Madderty) in the income of the abbey. The abbot pays, as tithe, to the papal collector 241b. 13s. 3Jd. Ten times this amount represents a large yearly revenue, when the purchasing power of money at that time is taken into account. The tithe of Madderty was 51b. 5s. 8d. There was no vicar: the church was doubtless served from the abbey. Of the other churches, the names of which appear in Boyamund\s Roll (for some are wanting or hopelessly disguised), we find the vicarages paying tithe as follows: Abruthven, 7s.; Strugeith, 28s.; Dunning, 12s. ; Auchterarder, 18s. ; Kilbride, 18s. 8 id. ; Gask Christi (Trinity Gask), 5s. ; Foulis, 17s. 4d.

The next church granted to Inchaffray was the church of St. Mordac of Kellmurthe, or Kelmurkhe, at the head of Loch Fyne, in the diocese of Argyll. It is the church sub- sequently known as Kilmorich.4 The charters containing this

1 See the bull of Innocent in., No. xxi.

2 Tulliedene seems to be the Tullychettil (Tullykcttle) of post -Reformation record. See Lib. Ins. Miss., pp. 87 and 114. 3 Monumcnta, No. 264.

4 See Origines Parochiales, vol. ii. part i. p. 82.

xlii

INCIIAITRAY CIIAUTKIIS

grant (Nos. lxxiii., lxxiv.) show that the authors of Qrigines Parochmles were correel in their conjecture that Morich is, in more correct form, Murdoch or Mnrcdoch.1

The grant of this church was made by Gilchrist, son of Malcolm Macnacthan, in the time of Bishop Clement, and while he was administering the diocese of Argyll (No. lxxiv.). This fact helps to determine (approximately) the date of the charter. The see of Argyll was void for at least seven years after the decease of Bishop William, who was drowned at sea in 1241 ; 2 and it was almost certainly during this vacancy that Bishop Clement of Dunblane had charge of the diocese. The grant of this church was (as is usual in such cases) to take effect after the death of the clerk who then held the benefice.

This church continued to be the property of the monastery till the Reformation. In 161H we find 4 James, Lord of Madertie, Commendator of Inchaiffray,'' setting to Alexander M'Naich- tane of Dundaraw 4 the teind schavis and uther teindis1 of the 4 peroche kirk and perochin of Kilmorithe, personage and vicairage thairof, lyand within the diocie of Argyll, sa far as the fruitis of the said kirk ar ane pairt and pertinent of the abbacie of InchaifFray.1 The common seal of the abbey is appended to the deed 4 in place of the consent of the con- vent thairof, thay being all departit this lyif.'3

The year 1257 is marked by the gift of two churches to the abbey. Another son of Malcolm Macnauchtan, Athe by name, with the assent of his brother, Sir Gilbert, knight, gave to the abbot and canons of Inchaffray the church of St. Findoc of Inchealt, in the diocese of Argyll, with all tithes, etc., per- taining to the said church. This is the church of Inishail, a parish which included the island of that name in Lochawe,

1 He is perhaps the 'St. Moroch, bishop and confessor,' who appears in the Breviary of Aberdeen at 8th November. The Breviary notes after his name 'in the diocese of Dunblane.' See Forbes;s Kalendars of Scottish Saints.

2 See Theiner, Momimenta, No. 139.

3 Lib. Ins. Miss., p. 137.

INTRODUCTION

xliii

several smaller islands, and land on both sides of the loch. The parish church was in the island.1 The church remained the possession of the abbey till the Reformation.2

A few months later Earl Malise gives (a.d. 1257) to the abbey the advowson of the church of Cortachy in the diocese of Brechin (No. lxxxvi.). Whether this grant ever became practically effective we are unable from lack of evidence to say. But certainly the right of the patronage of Cortachy was early in the fifteenth century in the hands of Walter, earl palatine of Strathern. The advowson was granted to him by the Duke of Albany, governor of the kingdom, in 1409; and an 1429 Walter grants the jus patronatus to the dean and chapter of the cathedral of Brechin. A few days later the Bishop of Brechin unites the church to the dean and chapter in usus proprios?

At some time in the episcopate of Robert de Prebenda, Bishop of Dunblane (who died 1283 or early in 1284), and after the death (about 1270) of Earl Malise n. (the first Malise of our charters), Malise, son of the late earl, granted to the abbey the advowson of the church of Struy (Strowan).4 Although the records before us do not show that the church was after- wards granted by the bishop to the abbot and convent in propiios usus, there can be no reasonable doubt that such was the case, as its teinds are dealt with in the taxt roll of the lordship of Inchaffray in 1630. 5

In 1303 the jus patronatus of another parish church was granted to the abbey by Sir Thomas de Cromennane, knight. This was the church of Buthbrene (Balfron), in the county of Stirling, and diocese of Glasgow. The Bishop of Glas-

1 Scofichron., ii. io.

2 See Origines Parochiahs, vol. ii. part i. pp. 129-132. 8 Regist. Episcopal. Brechin, i. 25, 46, 53.

4 In Boyamund's accounts, 1275 and 1276, the tithe of the church (not of the vicarage) is given, for the first year 40 shillings, for the second 50 shillings. (Theiner, pp. 112, 115). This falls in with this grant to Inchaffray being made After 1276. 5 See Lib. Ins. Miss., p. 113.

xliv

INCHAFFRAY CHARTERS

gow, Robert Wischard, the patriot bishop, on October 3, 1306, having compassion, as he says, ori the misery, poverty, and straitened circumstances of the abbot and convent of Inchaff'ray, due to the plundering^, burnings, and unnumbered afflictions of w ar, grants the church to the abbey in proprios USUS on the death or resignation of the rector, and allows the church to be served by a chaplain, or one of the canons of the abbey.1 Balfron continued to belong to the abbey, and is described, in 1607, when the parsonage and vicarage teinds were set, as ' ane of the proper kirkis of the said abbacie." 2

The next grant of a church to Inchaff'ray is of greater interest, both because of the eminence of the granter and because of its results in the erection of a daughter house.

On February 26, 1317-18, King Robert i., then at Clack- mannan, made a grant to the abbot and convent of Inchaff'ray of the jus patronatw of the church of Killin in Glendochart, on the condition that the abbot and convent would provide a canon to officiate in the church of Strathflllan. This grant was made under the privy seal.

On April 12 following this grant was made anew at Berwick-on-Tweed under the great seal, but without any mention of the condition stated above. The condition, how- ever, was obviously understood as binding, for in October of the same year the Bishop of Dunk eld, William St. Clair (the* warrior prelate, whom Bruce used to call ' my bishop with the consent and assent of his chapter, granted to the prior and canons of Inch affray, who should be appointed by the abbot to serve in the chapel of St. Fillan in Glendochart, the church of Killin, with all its lands, fruits, and revenues in proprios

1 No. cxix.

2 This setting of the teinds was with the consent and advice of 'Dene Alex- ander Murray, ane of the conventis of the said abbacy now onlie on lyfe ' {Lib.. Ins. Miss., 136). It is interesting to find legal forms observed with such care at so late a date. Murray, the last canon of Inchaffray, must have been an old man in 1607, for he was a member of the community of Inchaffray April 8,. 1557 Kid., p. 120).

INTRODUCTION

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usus, saving always the dues of the bishop and archdeacon of Dunkeld. The prior of St. Fillan's chapel on the occur- rence of a vacancy was to be presented by the abbot and con- vent and instituted by the bishop. The vicarage of Kiliin was to be served by a canon, or, if more agreeable to the monastery of Inchaff'ray, by a secular chaplain, who was to receive ten pounds sterling a year, out of which he was to pay the dues of the bishop and archdeacon.1

It will be seen that the king's original design was much enlarged. At first the proposal was that one canon should serve at St. Fillan's chapel, but soon after it was arranged that a priory should be established at the place.2

So far as the records in this volume are concerned, the last information relating to King Robert's grant of the patronage of the church of Killin is a confirmation of the grant by Pope Clement vi., dated at Avignon, November 13, 1 348 (No. cxxxi.). In this bull nothing is said of the new priory, whose subse- quent history is obscure. It seems to have been always small and poor.

James iv. (October 2, 1498), for singular favour towards Dene John Murray, prior of Strathfillan, confirms a charter of King Robert Bruce to the monastery or chapel of Strath- fillan and the prior of the same, granting the five-pound lands of Wochtirtiry, of old extent, in the barony of Glendochart and shire of Perth, and incorporates them into the barony of Wochtirtiry.'5 King Robert i., we thus learn, had contributed to the endowment of the house in Strathfillan.

And in 1329, the year of King Robert's death, the Exchequer Rolls (i. 214) reveal a paynient made through Sir Robert de

1 See Nos. cxxin., cxxiw, <jxxvi., cxxvu.

2 It is not improbable that gratitude to St. Filial*, whose arm-bone (if we may believe Boecc) was venerated by Bruce on the night before the battle oi Bannockburn, and whose aid he had invoked, may have suggested this grant While the memory of the part played by Maurice, Abbot of EnchafTray, on I In- same occasion, may have directed his thoughts to that house.

Reg. Mag. Sig., ii. No. 2458.

xlvi

INCH AFFRAY CHARTERS

Hi uvs. the king's natural son, of xxlb., ad fabric am ecclesie. Sancti Felani, presumably the priory church.

A I a later date we find the chapel of St. Fillan spoken of as a k chapel royal. 1

On February 28, 1542-1$, Dene John Gray, canon regular, prior of the monastery or chapel royal of StrathHllan, granted the lands mentioned above in feu to James Campbell of Lawers.1 >

The name of another prior is recorded. Sir Hugh Curry (or Corrie), prior of Strathfillan, was one of the executors of Gavin Dunbar, Archbishop of Glasgow.2 Curry appears again in February 1549-50.3

The priory in Strathfillan was evidently an unimportant place at the Reformation. The Collector-General's Account for 1573 contains a list of benefices 6 quhilks wes not rentaillit nor chargit abefoir, bot ar new found owt be the comptare 1 : among these (fol. 43, verso) is the entry — 4 the haill priourie of Straphillane the zeir comptit extendis to xl.lL1 4

The petition to Pope Clement vn. (No. cxl.) — the transcript of which the Scottish History Society owes to the courtesy of Dr. Maitland Thomson — reveals the fact that, at some time unknown, the monastery of Inchaffray had parted with its church of Strogeith to the Bishop of Dunblane. It was again restored and united to Inchaffray by Bishop Walter de Coven -

1 This grant was confirmed under the Great Seal, February 14, 1543-4. — Reg. Mag. Sig.

'2 Acta Dom. Concil. et Sess., MS. xxv. 23. This and the next two references are due to Dr. Maitland Thomson.

3 Acts and Decreets, MS. iii. 328. It has been suggested that this Sir Hugh Curry is to be identified with the Sir Hugh Curry who captured Walter Myln, the old priest who was burned alive at St. Andrews in 1558. But the identifica- tion is somewhat hazardous. Pitscottie (ii. 130, JE, J. G. Mackay's edition) indeed gives the name of the captor of Myln as ' Schir Hew Currie ' ; but in Foxe's account of the execution the name is ' Sir Hew Turry,' and elsewhere 'Sir Hew Terrye.' Spottiswoode (i. 188) spells the name 'Torry.' He is described as a priest of the Archbishop of St. Andrews, and nothing is said of his being, or having been, the prior of Strathfillan.

4 Manuscript in the General Register House, Edinburgh.

INTRODUCTION

xlvii

ire (1361-1372). But this transaction had not received the confirmation of the Apostolic See; and after the death of Bishop Walter, the abbot and convent besought the Pope to confirm the grant of the bishop, or, if necessary, to grant the church anew to the abbot and convent. In December 1381, the Pope, in response, committed it to the Bishop of Glasgow to inform himself as to the facts, and to confirm the grant according to justice.

The Jast addition of an ecclesiastical benefice recorded in the documents before us is the grant of the chapel of the Holy Trinity in Uist (together with the whole land of Karynche, and four-penny lands in Ylara, between Hussaboste and Kanusor- rarath) made by Christina, daughter of Alan, and Reginald called M'Rodry. This grant was confirmed by Godfrey of Yle, lord of Uist, July 7, 1389 (No. cxli.). A later confirma- tion of Donald of Yle, Lord of the Isles, and brother of Godfrey, is dated December 6, 1413 (No. cxlii.). This church, situated at Karynch in North Uist, is marked in Blaeu's Atlas as Kiltrinidad, and its ruins are locally known as Teampal-na- Trianaide.1

The confirmation of the gi ant by Godfrey of Yle contains the rather peculiar provision that his beloved and special friend, Sir Thomas, canon of Inchaffray, should, nomine dicfi monasterii, possess in peace and fully the said chapel with its lands and all its pertinents.

This church at Karynch in North Uist, with the land of Karynch, one cannot but suspect is the origin of what John Spottiswoode in his Account of the Religious Houses 2 calls Scarinche, which he makes one of 4 the cells or priories belong- ing to IndiaU'ray.1 If this conjecture is correct, Spottiswoode has blundered in placing the cell * in the isle of Lewis/ Spottis- woode goes on to say that Scarinch was 'founded by the MaC-

1 Origincs Parochialcs, vol. ii. part i. p. 373.

2 This is printed in Keith's Scottish Bishops. See, in Russell's edit. , p. 37

xlviii

[NCKAFFRAY CHARTERS

leodsofthe Lewis, in honour of St. Catan (ni honorcrn Si't.Catan'u cuju.s ca uv'uis ibidem asscrvari traditions acceptum cst)S The dedication of the chapel at Karyneh (iocs not fall in with this. Bilt there seems to have been some place connected with Inchaffray and associated with St. Gathan at Stornoway,1 and Spottiswoode seems to have confused the two places.2

In a rental of the bishopric of the Isles and the abbacy of Icolmkill which has been assigned to 1561, ' Cairneische in the He of Weist" appears as part of the abbot's lands.3

If the opinion offered above as to the situation of the place called Scarinche be accepted, corrections will have to be made in the map which appears in Walcotfs Ancient Church of Scotland (p. 233), and in Mr. G. Gregory Smith's map of Scotland, showing the ecclesiastical divisions in the Middle Ages, which is to be found (Plate xxvi.) in the new Historical Atlas issued from the University Press of Oxford.

The Parish Church of Nesgasc and the Hospital of SS. James and John at Bracelet

The indented settlement (No. lxiv.) of a dispute between the abbot and convent of Inchaffray, on the one part, and the master and brethren of the Hospital of SS. James and John of Brackley in Northamptonshire, on the other, is preserved among the muniments of Magdalen College, Oxford, to which corporation the Hospital passed at an early date.4 It is interesting to Scottish students as adding another instance to several already known of grants of churches or lands in Scotland having been made to religious houses in England.

1 See Origines Parochial es, vol. ii. part i. 381.'

2 Spottiswoode's contemporary, Richard Augustine Hay, canon of St. Genevieve in Paris, also alleges that Scarinche, a cell of Inchaffray, is ' in the Isle of Lewis ' {Scotia Sacra, 'p. 667). It is possible that Spottiswoode derived his error from Hay. 3 Collect, de rebus Albanicis, p. 2.

4 This hospital is said to have .been founded, for a master and six brethren, by Robert, second Earl of Leicester (11 18-68), who was known as le Bossu.

INTRODUCTIOxN

xlix

The monasteries of Scotland (as is well known) were treated in a similar spirit by owners of lands and patrons of churches in England.1

The grant of the parish church of Nesgasc, in Perthshire, to the Hospital of Brackley was made by Seher de Quincy, pro- bably shortly after being created Earl of Winchester (1207).2 The charters of Magdalen College contain a grant (a.d. 1210- 18) from Roger de St. Andrew to the Hospital at Brackele for the soul of himself and of (his uncle) Seher de Quence, Earl of Winchester, etc., of forty shillings of annual rent from his land at Coiesyn (Collessie, in Fife), to wit, twenty shillings for the lights of the church, and twenty shillings for the infirmary. This grant is confirmed by Seher de St. Andrew, brother of the donor.3 The interest of the De Quincys iii Brackley is apparent.

Large Scottish possessions came to the De Quincys through the marriage of Robert de Quincy (father of Seher, afterwards Earl of Winchester) with Orable, daughter of Ness, son of William. And the name 4 Nesgasc , would suggest that this part of Gasc had been the property of Ness.

It will be observed also that this agreement (a.d. 1238) between Inchaffray and the Hospital at Brackley has among the witnesses Roger de Quincy, Earl of Winchester, and Seher of St. Andrew. The agreement was doubtless not made with- out their approval.

The value of Nesgasc in 1276 was 171b. 17sol. 6den.4 When it ceased to be possessed by the Hospital at Brackley we are not able to say. It seems to have been still in the possession of the Hospital in 1262. 5

At first sight it might be thought that the confirmation by Pope Urban iv., September 12, 1262 (No. lxxxix.), of which both

1 Examples of both kinds will be found mentioned in The Charttdary of Lindores, Introduction, pp. 1-lii. 2 See Appendix, No. iv.A, p. 245.

3 Calendar of Charters of Magdalen College, Oxford. This annual rent was afterwards exchanged for the demesne of Gasc in Strathem.

4 See Theiner, Monumenla, p. 115. Sec No. i.xxxix.

1

INCH AFFRAY CHARTERS

[nchafiray and Brack ley possessed originals still extant, was a confirmation of the agreement of 1238. But a doubt is raised as to this by the language of the bull. Those who are repre- sented as interfering to effect the settlement of the dispute are 'the bishop of Dunblane, of good memory, and our vener- able brother the bishop of St. Andrews.1 This points to the latter of these friendly intermediaries being alive at the date of the bull. Now Gamelin, Bishop of St. Andrews in 1262, was not consecrated till December 26, 1255, while Clement (Bishop of Dunblane at the time of the agreement of 1238), died, at latest, in 1258. 1 So there is ground for thinking that, despite the provisions of the indenture of 1238, some fresh dispute had arisen, and was adjusted by the intervention of Bishops Clement and Gamelin between the close of 1255 and the death of the former in 1258.

At a later stage, in the year 1266, we find the Hospital of Brackley entering upon an entirely new arrangement with Robert, Bishop of Dunblane. The bishop agreed to take over the church and lands of Gasknes ad jirmam^ that is, to take them on lease for a period of five years, he having the right to renew the lease for other five at the end of the first, and of subsequent terms. He was to pay twenty-four marks a year to Brackley, twenty shillings a year to the abbey of Inchaffray,2 and two marks to the vicar of Gasknes. The agreement between the parties is lengthy and elaborate, and will repay study.3 The Hospital was to retain the right of presenting to the vicarage, and all the ordinary burdens were to be under- taken by the bishop. The granting of churches ad Jirmam was looked on with suspicion by the Church; and in the mediaeval Church both in England and Scotland canons were enacted regulating such transfers.4

1 Chron. de Mailros, s.a.

2 Compare the one mark to be paid to the abbey in No. lxiv.

3 Appendix, No. iv. p. 243.

4 See Statuta Ecclesie Scoticane, ii. 61, 69. It was more particularly

INTRODUCTION

Ii

The lawsuit between the vicar of Fowlis and the abbey on the subject of 100 shillings 6 usual money of the kingdom of Scotland,' being the mortuary of Tristram of Gorthy (No. cxlix.), which was decided by the Bishop of Dunblane, sitting as judge in his consistorial court, is interesting as a specimen of the legal procedure of the bishops' courts in the latter half of the fifteenth century. Ordinarily the vicar of a parish received the mortuary or corse-present of a deceased parishioner. But we find examples of exceptions. Thus the vicar of Linlithgow (which was an appropriate church of the Priory of St. Andrews) was to receive oblations and obventions of the dead as well as of the living, but an exception was made when the mortuary consisted of a ' living animal.' The cow, the ' kirk-cow,' as it was called, which not infrequently preceded the bier in the funeral procession to the parish church, was to go in this case not to the vicar, but to the canons of St. Andrews.1 In each case the language of the foundation of the vicarage as settled by the bishop of the diocese was to determine the question as to the ownership of mortuaries. It was so in he case under consideration. According to the fundamen of the vicarage of Fowlis mortuaries sana et Integra were to go to the Abbot of Inchaff'ray, while mortuaries divisa et non Integra were to be the perquisite of the vicar.

Before concluding this part of the Introduction a few words may be said as to two peculiar words occurring in the charters, the meanings of which are obscure, and need a fuller elucida- tion than I can pretend to offer.

Mr. Cosmo Innes long ago pointed out that there are materials in Scottish Records for a supplementum Scoticum to Ducange\s

enjoined that churches should not be leased to laymen directly or indirectly, and that the consent of the ordinary should always be obtained. It is worth noticing that in 1358 the church of Nesgasc was the church of the Archdeacon of Dun blane (No. cxxxn.) and so continued to the Reformation. 1 Resist. Priorat. S. Andree, p. 159.

e

lii

[NCHAFFllAY CHARTERS

Glossarium* The charters placed before the reader in this volume supply at least two contributions to such a supple- ment. Beside I he usual officers of the household and estab- lishment of. a great noble, the 'dapifer' or e seriescalljusj' the s camerarius,1 the 8 dispensarius,"1 the ,<pincerna,, the 'judex,1 and the 8 capellani,1 we find the early Earls of Strathern pos- sessing a 4 rennarius.' 1 Research in other directions, resulting in no satisfactory explanation of the word, it was natural to conjecture that the word might be formed upon some term of Celtic origin ; and Gaelic scholars were consulted.

Professor Donald Mack inn on lias been so good as to furnish, through Dr. J. Maitland Thomson, the following note : * Rennarius is manifestly a Latinised form of the Gaelic rannaire, literally 64 the divider."'1 In old Gaelic Saga, the Fled Brier end (Feast of Bricriu), for example, the rannairi carved or distributed (or both) the portions of food offered to indivi- dual guests. The word is glossed partista in Irish Glosses (No. 9), and the old lexicographer Cormac, who spells it rohnaire, derives, the word from ronnad " a distribution he makes of the food 11 and -aire, " chief.11 The more correct analysis of the word is rannaim, "I divide11 (now robin) and -aire, cognate with the Latin -arms, a suffix indicating personal agent. The word is usually translated 44 spencer,11 44 butler.1' 1 Professor Mackinnon adds, 4 1 have not come upon the name as a retainer of a Gaelic chief.1

We now call attention to another obscure word, also pro- bably of Gaelic origin, which appears in Charters Nos. cxin., cxiv. In 1283 Earl Malise grants, inter alia, to the religious of Inchaffray annually 4 four marks from the thanage of Dun- ning which they were wont to give the Earl pro fretellis?, 2

Professor Mackinnon writes, 4 I take this word to be formed from the Gaelic fritheil, a verb used in several shades

1 See Nos. v., XII., XLVI., and, more particularly, XXXIX., XL., LVIII. In No. LVIII. the form is 'jronnarius.'

2 In No. cxiv. the form is pro frecellis.

INTRODUCTION

liii

of meaning, all carrying the idea of "attending upon," ".serving." Service, including watch and ward, might express the idea conveyed by the term here.' I venture to suggest that we have perhaps a word formed upon the same Gaelic vocable in a charter, of the year 1272-3, granted by Alexander Cumyng, Earl of Buchan, in which the grantees were declared to be free for ever, 6 ab omni custuma ab omni tol fritlielagio vel carriagio.'1 If carriagium is here explicative of frithela- gium, it points to the kind of service which had been remitted. In any case, it falls in with the notion that friihelaglum was some kind of service due by vassals to their superior.

A word or two must be added on the important bull (7 April 1251) of Innocent iv. printed in the Appendix (No. ii.). In the course of examining the documents in the Dupplin Collection this bull came to light ; and, although it has no connection with Inchaffray, the editors were convinced that the opportunity should be taken of making it known to historical students, as adding an interesting incident, hitherto unknown in the prolonged struggle between the Keledei of the ancient church of St. Mary, at St. Andrews, and the Canons Regular of the priory of the cathedral city. This bull illustrates, and is in turn illustrated by, the bull of 7 June 1252, printed by Theiner.2

Pope after Pope (Lucius n., Eugenius in., Adrian iv., Alex- ander in., Lucius in., Gregory vm., Innocent in., and Hono- rius in.) had reiterated the command that on the death or resignation of any of the Keledei his prebend and possessions should be transferred to the Priory of Canons Regular. Yet even after a hundred years had intervened we find the Keledei still maintaining the contest.

. The claim of the Keledei to have a voice in the election of the Bishops of St. Andrews, which continued to be made for over a century, is another piece of evidence contributing to

a MoHumtnta^ No. cxlv,

liv

INCH AFFR A V (HARTFRS

the conviction tlmt the Kelcdci of St. Andrews formed a community of considerable vigour and persistency of purpose.

The reader will be pleased to find here (Appendix No. v.) the short charter of Malise, Karl of Strathern (21 February 1268-69), from the Dupplin Collection, relating to the lands of Strathy, in which the Abbey of Inehaff ray had an interest (No. cxvi.).

J. 1).

INTRODUCTION

lv

PART II

THE EARLS OF STRATHERN; OTHER BENEFAC- TORS AND PRINCIPAL PERSONS MENTIONED IN THE CHARTERS

The Earldom of Strathern, which in remote ages probably formed a kingdom with Menteith, was situated in the heart of Scotland, and included most of the fertile plains lying directly north of the Forth and south of the great range of mountains called the Mount, extending in a semicircle from the Clyde to Aberdeen. This space was occupied by four earldoms, Strathern and Atholl on the north-west, Fife and Angus on the east. South-west of Strathern lay Menteith, while west of the mountains lay the two Argylls. Beyond the mountains on the north was Moravia, and over them must have travelled the families which bore that famous surname.

Our information respecting the original Celtic rulers of 6 Cismontane,'* Scotland north of the Forth, is not precise, and any collection of charters such as those printed in this volume may be of great importance for the elucidation of the ancient history of our country, so admirably begun by the late Dr. Skene.1

What happened in Strathern is perhaps unique, but it illustrates the whole process of feudalising the Celts.

We have a picture, roughly drawn, of a ruling Celtic family first opposing with contempt, then accepting and developing the feudal system of King David and the Normans; finally

Skene's Ancient Alban,

Ivi

[NCH AFFRAY CHARTERS

welcoming that splendid ecclesiastical organisation which Christianised feudalism. In Strathern we see earls instead of maormars substituting the Catholic Hierarchy for missions (if the Culdee centres can be thus described), and introducing that system of what may be termed feudal monasticism, which throughout the civilised world became a distinguishing feature of the Apostolic and Roman Church.

Eerteth, Earl of Strathern, must have had the principal share in the erection of a diocese called of Strathern or Dunblane, having its cathedral where Culdees had previously a home, the first bishop of which in certain record appears in 1155. His son completed his work and founded the house of Augustinian Canons where a ' hermit ' with a community of brethren had been. Neither of these operations would have been performed by Celts who adhered to the Celtic ecclesiastical system, under which there was to have been one bishop styled Episcopus Scottorum, proved by record and illustrated by the early seals of St. Andrews. There is, however, tradition of an ancient see of Dunblane, long void.1

The Charters here printed have also a political value, for we get glimpses here and there of a peculiar feudal system. We find something to help in the study of thanage, for of the several great lay fiefs within the earldom the owners of two are expressly called 'my thanes,' namely, Dunning and Struin. Now we observe that whatever the tenure of a thanedom may have been, — respecting which the present editors at least are no more clear than English lawyers are respecting 'tenure by Barony,' — the churches of these thanedoms belonged to the earl, who granted them to his monastery. There is no trace of the thanes themselves giving the churches and of their gifts being confirmed by the earls, as happened to some extent in respect of English manors ; but the earls granted, kings, bishops, and popes confirmed.

Theiner, xci.

INTRODUCTION,

lvii

We have in the Papal Letters proof that the Popes, chief of the whole hierarchical system, regarded the earls and not the kings of Scotland as patrons of the see of Strathern,. afterwards called Dunblane.

The Charters of Inchaffray exhibit great officers of the earldom called by the same names as those of the king. We find in these charters a dapifer, a pincerna, a chamberlain, a marshal, a carver, a dispenser, and a judge or dempster. Such officials existed no doubt in all great fiefs and households,, but here they are remarkably exemplified. Then we find two individuals called 4 miles meus.' Whether this imports knighthood by the king or earl, or whether the description is purely one of tenure is a question of some importance. The experts of the present day usually take the latter view.

The word palatine is foreign to English and Scottish feudal law, and its precise meaning is not clear. But if the word be used to denote a quasi-sovereign fief, of which the lord is autocrat in respect of all internal jurisdiction, it would be difficult to find a more conspicuous example than Strathern. Afterwards when the word was adopted we find Strathern forfeited or resigned, and the new grantee, who received the earldom ' to hold as Malise held,1 at once styled earl palatine.

We have thought it desirable, without attempting a full exposition of all that may be deduced from the Charters of Inchaffray, to offer a number of notes respecting the subject- matter, the parties to and the witnesses of a remarkable set of deeds. In several details the great development of historical research, with publication of records in the course of the last half-century, enables us to add to the information given by the editor of the Chartulary for the Bannatyne Club. Our notes are intended as suggestions rather than conclusions, as clues rather, than discoveries, for we are still at the threshold rather than within the Temple of Antiquity.

We also offer some observations upon the genealogy of the Earls of Strathern and a few of their principal vasgals, which

Iviii

I NCI I AFFRAY CHARTERS

observations are made in respect of minor points, not by any means unfolding the whole political and historical status of the house which held so pre-eminent a place. Of all the ancient earldoms, Strathern was strategically the most important in the eves of kings who desired to consolidate the government of Scotland beyond the Tay, and not unnaturally the Stewarts, when the whole kingdom was about to fall to their lot, coveted Strathern. Just as Lennox overhung the Stewartry, so did Strathern and Menteith the northern capital of the kingdom. In process of time the Stewarts obtained them all, as also Fife and Atholl. But while the monarchy was strengthened, and the national independence was established, the grandeur of the earldoms was lost. They emerged in myth like the Highlanders, and passed as the old order changed.

Mallus or Malise appears as Earl of Strathern in the Chartulary of Scone, before 1124, and witnessed the charter of King David to Dunfermline, c. 1128; and others later.

Ferchard or Ferteth, Earl of Strathern, with five other earls, attended a Parliament at Perth in 1160, and expressed strong dissatisfaction with King Malcolm for having accom- panied— perhaps as a vassal — King Henry n. to Toulouse.

This earl and his wife Ethen endowed the church of St. Cathan of Aberruthven with tithes and land. He died in 1171,1 having had issue: —

1. Gilbert, his heir.

2. Malise, who is mentioned in a number of his brother's

charters to Inchaffray, and took a conspicuous part in the settlement of the canons. He was a witness to Royal charters as a tenant in chief of the Crown, and also held estates mentioned in the first charter of the Appendix, some of which descended or passed to the Grahams and the Morays of Ogilvy.

1 Chronicle of Melrose ', 84.

INTRODUCTION

lix

Sir Malise granted, c. 1208, the lands of Rathan- gothen, except the mill, to the Abbey of Lindores,1 for the souls of himself, Ada, his wife, daughter of Earl David, and others. He also granted an annuity of half a mark to the Abbey of Arbroath from his fishing of Ure, confirmed by King William when Philip de Valoines was chamberlain. The Lady Ada granted a carucate of land to Lindores, that she might be buried there.

He apparently had no issue.

Christian is stated to have been daughter of Earl Ferteth, and wife of Walter Olifard, by Macfarlane on the authority of a charter quoted by Lord Strath- allan.

Gilbert, Earl of Strathern, the founder of the Monastery of Inchaffray, granted a number of the more important charters printed in this volume. The distinction between those granted to brethren and those granted to canons is set forth, ■ante p. xxiv, and it is to be observed that in the great charter of foundation (No. ix.) he describes himself as son of Ferteth, .and by the indulgence ( = grace) of God earl. This style may be held to suggest that some of the subjects were given •or promised by his father. The grantee Malise, priest and hermit, was not improbably a relation. This Malise appears in the place previously occupied by L, Isaac or the successor >of Isaac, or possibly J. is Jonathas, second Bishop of Strathern. The earl witnessed a charter of King Malcolm to Scone in 1164, and was therefore born about 1150, and he died in 1223. He was justiciary, c. 1190.2 He married (1) Matilda, daughter of William d'Aubigny, whom we suppose to have been ' Brito,1 the founder of the house of Belvoir; k(2), a lady named Ysenda, who granted a charter to

1 Cf. Charhtlary of Lindores, number forty-two of the Scottish History Society's publications.

a Dunfermline Chartu/ary, 35.

\

[NCHAFFKAY CHARTERS

nchaffYay of five acres in ho r ville of Abercairny per am - >ulated by her brothers Sir Richard and Galfridus de Gask No. XLVI.). I [e had issue : —

1. Gilchrist, witness to his father's charter of the Church

of Aberruthven to the brethren of Inchaffray (No. Hi.), c. 1198. Died in the year 1198, and was buried at Inchaffray (No. ix.).

2. William, witness to Charters iv., v., ix., xiv., xv., xvn.,.

and xxv., but disappears after 1208.

3. Ferthed, witness to Charters xi. and xu., and all those

witnessed by William. He also disappears after 1208.

4. Robert, who succeeded to the earldom.

5. Fergus, who witnesses his father's charters after

William and Ferthed cease and three of Earl Robert's as a knight. A charter was granted by him of a rent from Ouchtermakan c. 1247 (No. lxxv.). He confirmed his uncle's grant to Arbroath, and granted charters to Lindores.

6. Malise. He first appears as a witness to No. xxv. of

the Charters, 1203-8, again to Charter xxxix., his brother Robert's Charters xli. and iM, and in August 1234 he witnessed the Bishop of Dunblane's charter remitting certain tithes. Afterwards as a knight he granted (No. cti.)1 some land, pasturager and peats to the Abbey of Inchaffray out of the tenement of Rossy, from which we learn that he had two sons.

(1) Malise.

(2) N. ( = Nicholas) rector of the church of Crieff

and chamberlain of Earl Malise n. (No. lxxxvt.) in 1257-8 which he had ceased to be 1266 (No. xcv.). •

1 c. 1272.

INTRODUCTION

lxi

Sir Malise also witnessed the confirmation charter of his nephew Earl Malise 1247 (No. lxxvi.).1

7. Gilchrist, witness to Charter xxv. by his father and

to none of his brothers,

8. Gilbert, witness to Charters xxxviii. and xxxix. by his

father, and to xl. and Li. granted by his brother Robert. He also witnessed Earl Robert's charter to Lindores in or after 1233. In 1213 he was in England as a hostage for the king, and living with William de Albini,2 who died 1215. This Gilbert was apparently the ancestor of the family of Glen- • . charny, for which see the Chiefs of Grant, by Sir William Fraser. Matilda, witness to her father's Charters xi. and xii., married to Malcolm, son and successor of Earl Duncan. A charter of Glendovan, Aldie7 and other lands to them granted by Earl Gilbert is printed in the Appendix to the Lib, Ins. Miss. ■ '■" •

Cecilia, wife of Walter, son of Alan (Ruthven). They had charter of Kulgase from Earl Robert y con firming a gift by Earl Gilbert. Ethne, first wife of David de Haia, erroneously named Helen in pedigrees, was probably a daughter of Earl Gilbert. Robert, eldest surviving son, described as heir in Charter xxviii., was a knight in 1215,3 and succeeded his father as Earl of Strathern. As heir-apparent he confirmed grants to the abbey by his father in 1219 (No. xt.i.), and as earl he granted a general confirmation (No. li.). He confirmed gifts by Nigel de Lutoft in Dolpatrick, and Henry, son of Tristram, in Kyntocher (No. i.vi.), and confirmed (No. Will.) a charter

1 Sec Charters in the Appendix to the I.ih. his. Miss. (K.mnatync OuM. - Bain, i. 574, 588. ;! Chartulary of ' S>em . 001.

INCHAFFRAV CHARTERS

of Robert de Meggefen and Soliva his wife (No. lvii.) which he the earl had witnessed.

Marl Robert assented as patron of the see to an agreement between the Bishop of Dunblane and the abbey (No. lx.) dated in August 1234. He witnessed the treaty between the kings of Scotland and England respecting Northumbria 1237. 1

He died before 1244. We have no record of his wife's name, but she is mentioned by her son as living in Charter lxxvi. He had issue : — Malise ii.

Hugo, a monk in 1257, when he witnessed a charter of his brother, and probably Abbot of Inchaftray.2

Gilbert, witness to Charters lxxxvi., lxxxvii., lxxxviii., had a grant of the lands of Durie before 1269,3 and of Ballenolleth from his brother, recited in Charter xevi. He may therefore be the founder of the house of Durie.

Amabilia, to whom Earl Malise granted a charter of Kincardine as her marriage portion c. 1250. For this and a subsequent charter to Sir David de Graham, obviously her husband, and to Patrick de Graham, see Historical MSS. Com. Report, vol. ii. p. 166.4

Maria, to whom Earl Malise granted a charter 5 empower- ing her to follow natives of Straty and Pronny February 1268-9. She granted an amnesty to the abbey, ratified by her husband, Sir John de Jonstone, in 1284 (No. cxvi.).

Cecilia, to w hom Earl Malise granted the lands of Kelour in Foulis.6 These lands reverted to the earldom 1369, in the time of Robert the Steward, Earl of Strathern, on the ground that Sir Roger de Meckven was dead s.p., and that the heirs of his grandmother,

1 Feed., i. 233. 2 See p. 251.

'•' Inventory at Register House. 4 Montrose Charter Chest.

5 App. iv. 6 Reg. Hon. le Morton, ii. 5.

INTRODUCTION

Ixiii

to whom Earl Malise granted them, had failed,1 whereupon Earl Robert granted Kelour to Sir James de Douglas, Lord of Dalkeith. Malise n., born c. 1215-20, appears in Parliament 1244? and 1255,2 and was one of those given as guarantors of the treaty of 1244 by Alexander n.3 He was present at the coronation of King Alexander m.,4 and was in the special confidence of King Henry in. respecting the safety of the Queen of Scotland. A letter of the earl to the King of England on this subject, written from St. Andrews in answer to one received on the Vigil of the Ascension, 1258, is pre- served among the Royal Letters, and is printed in the National Manuscripts of Scotland.5 He was of the party allied to England which opposed the Comyns in 1255, with English support.6 Had a passport for going beyond seas in May 1259/ and was one of the earls mentioned in the letter of King Henry in., November 16, 1260.8

He married first Marjory, daughter and co-heir of Robert de Muschamp, before 1250, in which year, on the death of Robert, he paid fifty merks for relief in doing homage for lands in North- umberland. In the following year he was impleaded to warrant lands claimed by Isabella, widow of Robert, in dower, including the manor of Harndon, in Northamptonshire.9 Countess Mar- gery was dead in 1255, for in that year the earl paid one hundred pounds or fifteen merks gold for the custody of his daughters and her heirs, Muriel and Margery, and he is traced in the Northumberland Writs to near the end of his life.

Before December 1257 Earl Malise married Matilda, daughter of Gilbert, late Earl of Caithness and Orkney, and thereby acquired the barony of Cortachy in Angus. Subsequent events prove her to have been the mother of his son Malise in.

1 Reg. Hon. le Morton, ii. 6o and 86. 2 Acts, i. 703-7.

3 Feed., i. 257 (edition of 1816). 4 Fordoun, III. xlviii.

B See also Feed., i. 371, and Bain, vol. i. No. 2125. ,; Fad., i. 326,

7 Bain, i. 2156. 8 Feed,, i. 402. 9 Bain, i. 1801,

Ixiv

INCHAFFRAY CHARTERS

The earl granted the church of Cbrtachy to the Abbey of InchafFray (No. l.wwi.), in December 1257, at Crieff'. He evidently held his first .Wife's property in Nbrthumberland by the courtesy of England, for he was charged with sicutage (1361-2). 1 At the same date he and lamina his wife are men- tioned as owing five marks tor an unjust detention, which sum was still owing in 1267. 2 Who this Kmma was we have been unable to discover.'5

In 1268 Earl Malise married Maria, widow of Magnus, King of Man, and daughter of Eugenius de Argadia,4 This lady was remarried to Hugo de Abernethy, who died 1296.; A post-nuptial dispensation, dated April 9, 1281-2, printed by Theiner, p. 125, probably relates to her. The parties were in the fourth degree of consanguinity. She did homage to King Edward in 1291 and 1296, was described as .wife, of William Fitzwarin 1298-9, a widow at Christmas 1299, and died before January 1304-5. 5 The earl died in 1271, having had "issue : —

Malise, his heir.

Robert de Strathern,6 probably identical with the Robert who did homage to King Edward in 1296, for his armorial seal exhibits a chevron.7 He was committed; to the Tower 1297.8

Muriel, co-heir of her mother, wife of William, Earl of Mar.

Marjory or Maria, co-heir, wife of Nicholas de Graham, Lord of Dalkeith, and living a widow temp. Robert i.9

1 Bain, i. 2283. 2 Ibid., 2451.

3 Mr. Bain wrote an article in the Genealogist, vol. v., new serie-s, 105, on the question of the succession of the last earls, and suggested that these writs denoted the death of Malise II-.,, and that Emma was wife of his successor ; but no son of Malise 11. could have any interest in the Muscamp property. i

4 Extracta e ' Cronicis Scolie,'' p. 109. This statement is corroborated by No. xcvi. of the present Charters, showing Eugenius de Ergadia present and witnessing, at Crieff, at the approximate date. . 5 Bain, vol. ii. passim.

6 /bid., ii. App. i. 222. . 7 Lib. Ins. Miss., App. xvn.

8 Bain, No. 964. . 9 Robertson's Index, 2, 38.

INTRODUCTION

lxv

Malise iil, born circa 1257. He succeeded 1271, but was not at first styled earl, which can only be accounted for on the ground of his minority, unless he had an elder brother whose name has been lost. He was party to the Norway marriage treaty of 1281 as earl.1 As son this Malise granted the advowson of the church of Struy (Strowan) to the abbey, and shortly afterwards, as son and heir .and earl, he, March 26, 1283 (Nos. cxiv., cxv.), granted annuities from Dunning; and Pitcairn in accordance with an agreement to compensate the abbey for loss of tithes (No. cxiii.). In the charter of twenty merks from Dunning (No. cxiv.) the earl refers to Malise his father, and Gilbert his 4 proavus.' On January 15, 1284-5, Pope Martin iv. addressed a letter to him as patron of the see of Dunblane, from Perugia, stating that William, abbot of Arbroath, was consecrated bishop.2 The fact that all the Papal Letters are addressed to the earls, and that this bishop obtained a faculty to dispose of his personal property by testament — which property, in the case of his pre- decessors, had always been taken by the earls3 — further indi- cates the status of this earldom. Earl Malise assented to a decision that the patronage of the vicarage of Strugeth be- longed to the abbey, 1287 (No. cxvm.), the last of the writs yet discovered which connect the ancient earls with the abbe\\ In 1290 he rendered his account as farmer of the burgh of Auchterarder.4 The earl took a leading part in affairs of State, and was a party to the treaties with Norway and England which preceded and followed the deaths of King Alexander and the Maid of Norway. He supported the claim of Baliol to the throne,5 and did homage to King Edward, July 12, 1291, at Stirling ;<! was present when judgment was given for Baliol at Berwick, on Monday, November 17, VlSY.l? On July 24, 1291, Lady Maria, Queen of Man and Coiintess of

1 Jurd., ii. 596. 3 //'/V/., p. 540. ,r' /uvd., iii. 767.

8 Papal Letters, i. 472-3. 4 Exchequer Rolls, i. 51, ,{ Ibid., iii. 772. » Ibid., iii, 780.

Ixvi

INCH A ITU AY CHARTERS

Strathern, evidently dowager, also did homage, In 1293 the earl gave his daughter Matilda in marriage to Robert de Toeny, son of Ralph. The marriage settlement, in the form of a notarial instrument, was dated at London, April 26, 1293, w as recorded in the Memoranda Roll of 20-21 Edw. I., and is printed in eoctenso in Historical Documents relating' to Scot- land, vol. i. pp. 394-5-6. It proves that the spouses were quite young — the lady well under twenty. She was dead s.p. January 16, 1309-10.1

Earl Malise was summoned to London on military service, June 29, 1294.

The wife of this earl, about 1275, was named Marjory, as we understand the attesting clause of No. cv., and is stated by Wvntoun, Book vin. chap, vi., to have been the second sister of John Comyn, Earl of Buchan, who negotiated on behalf of Earl Malise the marriage settlement above mentioned. She was therefore daughter to Alexander, Earl of Buchan, by the daughter of Roger, Earl of Winchester.

The earl swore fealty to King Edward, June 19, 1296, at Stirling, on August 28 at Berwick.

Earl Malise received a papal brief as patron, confirming the election of Alpinus as Bishop of Dunblane, and on death of William (of Arbroath), dated October 1296.

According to the Scala Chronica 2 he was one of those taken prisoner in England in 1296, and from this year we trace his sons at the English Court.

He informed King Edward by letter, August 1, 1297, that he had taken Macduff and his two sons prisoners. He was summoned to Parliament March 11, 1303-4; and was in the English army at Perth and dined with the Prince of Wales on Christmas Day 1303. Sat as Lieutenant of the Warden — North of Forth — September 11, 1305, and engaged to produce Andrew, son of the Steward, and John, son of the Earl of

Rain, iii. 119.

2 New edition, edited by Sir Herbert Maxwell.

INTRODUCTION

Ixvii

Atholl, August 25, 1306. He was taken prisoner in 1307, sent to Rochester Castle, delivered to Ay mar de Valence, and by him to the Sheriff of York.1 In January 1306-7 the countess and Malise his son having written for news of him, the Kino; of England from Lanercost directed the Earl of Pembroke to do as usual. Consequently the countess was permitted to join her husband, the son being a prisoner in Carlisle. The earl was sent to York, and afterwards tried at Westminster, pleaded that he had joined Bruce under duress, was acquitted of ill-fame, and apparently set free in November 1308, when Patrick, Earl of Dunbar (brother-in-law),2 Robert de Tony (son-in-law), Alexander de Abernethy (son of his stepmother ?), and Henry de Sinclair were his mainprenors. We trace him as in receipt of an English pension and in Berwick 1310, and as alive in 1312.

It is stated by Sir James Balfour,3 on the authority of the Inchaffray Register, that this earl died anno 1312, and was buried in the abbey church on the right of the high altar. He refers to a folio not now in the Register, and there are strong reasons for inferring that both the first and last pages of the Register are missing. The historical facts support Sir James Balfour's statements, for Malise in. remained to the last an adherent of the English king; and about 1312-13 the reigning earl supported Bruce.

His wife's name at the close of his life was Agnes, who may be the countess indicted with William de Soulis.4

He had issue : —

1. Malise iv., son of Marjory Comyn.5

2. Gilbert, not improbably eldest son, a guest hostage or

prisoner in England, August 1296-7,° but evidently treated with consideration, for he was living with King Edward's son in July,7 and had a black horse

1 Feed., iii. 995. 'J Wyntoun.

4 Fordun, i. 348 (edit. 1 871). " Historical Documents, ii. 134.

/

8 MS. in Advocates' Library, •r> Wyntoun. 7 Ibid, i 137,

1 \ v i i i

INCHAFFllAY CHARTERS

which the l\ i n i;- look and paid for.1 The above authorities suggest that he was with the king in Flanders as an esquire. 3. Matilda, married to Robert de Thoiiy.

The above children were clearly born 1275-80, and presum- ably by bis first wife.

Malise iv., born, as we suppose, 1275-80, appears as a hostage in England, possibly in 129()-7, certainly in 1307, and was (or his brother was) a prisoner in the Tower of London 1297-8,2 and was in Carlisle 1307. 3 He had grant of four casks of wine January 1309-10, and was receiving an allowance from the English king in January 1309-10.

He was earl when he granted Abercairney to his daughter and her husband,4 and he was one of the nobles who sealed the letter to the Pope 1320. He also witnessed a Royal charter to Sir William Olifant, March 20, 1325-6, at Scone.5

We have little further information about him. He or his son is shown to have been in possession of part of the earldom of Caithness in 1331 by an entry in the Chamberlain Bolls,6 and he is stated by Knighton, but by no other historian, to have been killed at Halidon Hill, 1333. It is more probable that he fell in the Perthshire campaign, and it assists the exposition of the pedigree if we assume that there was a devolution of the earldom about 1329, but the fact is un- certain. The earl is not mentioned as killed in 1333 in the Scala Chronica. And if an Earl of Strathern was at Halidon Hill it was more probably the last Malise, for the evidence strongly supports the view that Strathern was forfeited by, or resigned to, Baliol before that battle.

The earl's first wife is unknown. About 1323 he married Johanna de Menteith, daughter of the Sir John de Menteith who wras dead c. 1323, when the earl granted her the Barony

1 Historical Documents, 138. •■ ■ 2 Bain, ii. 1027.

3 Ibid., 1971. 4 Lib. Ins-. Miss., App. x.

5 In possession of Earl of Wharncliffe. 6 And- see Exchequer Rolls, i. 403.

INTRODUCTION

lxix

of Cortachy, confirmed by King Robert. She may be the countess who had annuities specified in the Exchequer Rolls (vol. i.), and was living in 1370, when she confirmed a charter of her daughter Johanna de Moravia, Lady of Drumsagard.1 It is alleged in all the printed peerages, and by Sir William Fraser in his Sutherland and Menteith books, that she was remarried to John, Earl of Atholl, and others — a subject which is discussed below.

The earl had issue by his first wife : —

j 1. Malise v.

2. Maria, wife of Sir John de Moravia of Drumsagard, to

whom her father granted a post-nuptial charter, c. 1319-22, of the land of Abercairney.2 This grant was confirmed by her brother, the last earl, c. 1330, i.e. between his succession and resignation.

3. ? a daughter Jean.

Malise v., born c. 1315, last Earl of Strathern, described as a notorious rebel by King Edward, and opposed to Edward Baliol, asserting himself to be King of Scotland, and maintain- ing himself in that position from the battle of Halidon Hill to 1338. We learn from Wyntoun that the whole gentry of Strathern supported him. Earl Malise, having succeeded to the Angus earls of Caithness and to the earldom of Orkney, evidently preferred to betake himself to the north, after vainly attempting to recover3 the earldom of Strathern which Edward Baliol granted to John, Earl of Warren. He is alleged to have proposed to give it with his daughter Jean to Warren, but there is no certain record of such a daughter, and the Earl of Warren was married to Jean de Bar, from whom he endeavoured without success to obtain a divorce at Rome.

The action of Earl Malise, whatever it may have been, was considered to justify his forfeiture by King David. A Roll of

Laing Charters.

2 Lib. Ins. Miss., App. \.

* Fa\i., \\. S;S.

Ixx

INCH AFFRAY CHARTERS

Proceedings hi Parliament, which lms recently come to the Register House, proves that in Parliament at Scone* held Monday, June 7, 1344, an accusation by Robert Mautalent of Marl Malise was heard, and it was found and decided that the earl bad been tried and acquitted of felony and treason. Nevertheless bv his having1 resigned the earldom of Strathern in the hands of Baliol as king ad remanentiatn,9 he had ceased to be earl, and the earldom was in the king's gift. King David had already, it would seem, granted the fief or dignity to a lady named Jean and to Maurice de Moravia, her husband.

Earl Malise can thereafter be traced only in the north,1 where he was Earl of Caithness and Orkney, having travelled to Norway to obtain investiture of the latter earldom. He there married two of his daughters to Swedish noblemen.2 He died probably about 1353, certainly before April 1359. The latter part of his career and the succession to his northern earldoms is discussed very skilfully in the introduction by Joseph Anderson to an edition of the Orfaieyinga Saga* published in Edinburgh 1893. In respect of the succession to Orkney, a diploma or memorandum was made out by Thomas, Bishop of Orkney about 1443, and as the bishop describes one of the earl's grandsons as then living, the document is clearly of great value. It is printed in the Appendix to the Inchqffray Chartulary of the Bannatyne Club.3

The earl married first, before his succession, a daughter of the Earl of Menteith. By her lie had issue : —

Matilda, married to Welandus de Arde, by whom she had issue, Alexander, who resigned his right to Strathern and Caithness to King Robert n. previous to the creation of David Stewart as earl of both earldoms. It is to be observed that this grant to David is to

1 See Exchequer Rolls, i. 458. 3 Lib. Ins. Miss.

2 Ibid.-, i. 570.

INTRODUCTION

lxxi

hold Strathern as Malise held it. We infer that it was by no means clear to King Robert that Alexander de Arde had no claim as heir of line, but Lord Hailes, when compiling the additional case for the Countess of Sutherland, and giving evidence of females inherit- ing the ancient earldoms, was unable to offer any evidence as to Strathern before the Stewarts held it. Alexander de Arde afterwards claimed to be Earl of Orkney, and King Hakon of Norway granted it to him provisionally in 1375, not as earl but as com- missioner, afterwards selecting one of the younger co-heirs.1 He died s.p. Earl Malise married, secondly, Margery, daughter of Hugh,

Earl of Ross, styled Countess of Caithness and Orkney, by

whom he had issue : —

V. Agneta, wife of Erngist Suneson, otherwise Hereginsill de Swethric, knight, who held the title in 1353 and was deposed 1357. She died s.p. before 1360, when her husband founded an obit mass for her soul at Calmar.2 % Isabella, wife of William, Lord of St. Clair, and mother of Henry de St. Clair, Earl of Orkney, father of the earl in whose time the bishop's diploma was written. The Earl of Orkney granted lands in Aberdeenshire by deed

at Kirkwall, 1391, to his brother David in exchange for any

right he had in Orkney and Shetland. Confirmed by King

Robert in.3

3. , wife of Gothormo le Spere, knight, and mother

of Malise le Spere or Sperra, knight, who was present at an assembly of nobles at Kelsingborg, September 1389, and was killed in a conflict in Shetland in the same year without lawful issue.

4. , died without issue.

1 Introduction to Orkney inga Saga.

2 Orkneytnga Sagat Introduction, p. 59. :! Keg, Magi Sig*% f96.

Iwii

[NCHAFFRAY CHARTERS

Mr. Anderson doubted the accuracy of the above state- ment on the ground of a charter/ confirming a con- tract of marriage between Earl Malise and William, Earl of Ross. But Karl Malise "ranted not the hand but the ' marriage n of Isabella to Earl William, who was in fact her uncle, and could not himself espouse her. The diploma proceeds to state that Isabella survived all her sister$ and all their issue, and was known 4 to the eyes and ears 1 of persons living when the bishop wrote. Thus ended the male heirs of the founders of Inchaffray, and the lineal heirs must be searched through Sinclair. Whether there exist any male descendants of the Earls of Strath ern, and whether there was a surname Strathern peculiar to the house, we have no conclusive evidence. Several persons, male and female, are called de Strath erne, who may have been sons and daughters of the earls, but probably many others were styled de Stratherne merely because they came from the district. r r

John, Earl of Warren and Surrey, to whom the earldom of Strathern was granted by Edward Baliol, was one of the most trusted counsellors of King Edward in. His career, with special reference to his matrimonial difficulties, is the subject: of a careful article printed in a recent volume of the Yorkshire Archaeological Journal (vol. xix. pp. 193-264). We are unable to find much to connect the earl with the effective possession of Strathern, and we observe that after the departure of Baliol he rarely styled himself Earl of Strathern. We have studied his career during the Baliol interregnum, with the view of ascertaining whether he could have proposed to marry a daughter or sister of Earl Malise. In fact the wife of Warren was Joan de Bar, and he was engaged for several years in

Robertson, H. 24.

INTRODUCTION lxxiii.

attempting to divorce her. The history of these proceedings- is of great importance to canon law, for in the result Pope Clement vi., in 1344, ruled that a dispensation for the fourth degree remained valid even though the parties were in the fourth and third degree, which ruling was held by all sub- sequent Popes as binding. It is therefore possible that the Earl of Warren might be thought free to marry during Bailors reio-n. He died in 1347.

In 1339 there appears a lady named Johanna, Countess of Strathern, whom some previous writers have identified as Johanna de Menteith, widow of Earl Malise.

The countess married (1) John Campbell, Earl of Atholl ; (2) Sir Maurice de Moravia of Brunsergarthen, for which marriage the Bishop of Dunblane received authority to grant a dispensation from Pope Benedict xii. dated 5 Ides of July 1339. Sir Maurice was created Earl of Strathern (in 1344), and was killed at the Battle of Durham in 1346. Countess Jean then married William, Earl of Sutherland, and the Bishop of Caithness received from Pope Clement vi. authority to grant a dispensation dated 3 Ides of November 1347, which states that John, Earl of Atholl and ' Maurice Earl,1 were her former husbands, and that all the three successive husbands were related in the fourth degree to each other. No mention is made of a husband Malise, though both bishops must have known the fact if she had been his widow.

This lady as Countess of Sutherland granted with her husband the ward of John Mercer in her county of Strathern to Sir John Menteith, Sheriff of Clackmannan 1 before May 31, 1352, and apparently survived her last husband, who died 1361.

This countess2 was therefore living contemporaneouslv with Johanna de Menteith.

1 Fraser, Sutherland Booh, iii. 16.

2 This lady was wife of John, Karl of Atholl, killed at Halidon Hill. It II. Knighton were correct in stating that the Earl of Strathern was also killed .it

I NCI I AKKRA V CHARTERS

Kino- David granted the earldom to his nephew and heir- presumptive, Robert, the Steward of Scotland, in 1357, who confirmed to Inchaffray, May 8, 1358, at Crieff (No. exxxiv.) the charter of an annuity of forty merles from the thanage of Dunning by Earl Malise, c. 1285 (No. cxin.).

Earl Robert was always afterwards known as Earl of Strathern, though he had previously been created Earl of Atholl. He became kino- in 1370, and thereupon granted the earldom to his eldest son by his second consort to hold as

that battle, Earl John could not have married his widow. It is proved by the Papal dispensations that the wife of the Maurice de Moravia, Earl of Strathern, and afterwards of William, Earl of Sutherland, was the widow of John, Earl of Atholl. In both the abstracts of these dispensations, printed by the Record Office, John is called her first husband, but the abstracts are both incorrect, for the words in each case mean former husband, as reported to me by Monsignore Lindsay, who has examined the original registers. But the narrative in the Sutherland dispensation certainly conveys the impression that the countess had had no more than two previous husbands.

Now, that there were two Joans, both Countesses of Strathern, is indicated by a. charter in the Cambuskenneth Charttilary, p. 255, where the granter styles herself a widow. The charter is proved by the witnesses to be between 1351 and 1357, and during all those years a Joan, Countess of Strathern, was wife of the Earl of Sutherland. There is no evidence that Johanna de Menteith had any property in the earldom as distinguished from lands. She was a second wife, not the mother, of the earl, and was given the barony of Cortachy in fee. Joan, Countess of Sutherland, was in effective possession of the comitatus, as the charters to Sir John Menteith of the ward of a vassal proves. The Countess of Atholl, Strathern, and Sutherland is never called of Menteith nor Lady of Cortachy.

It is to be observed that in neither of the dispensations is any relationship mentioned between Maurice or William to the lady herself, or to Earl Malise. Not only is it, in my judgment, very improbable that Earl Malise was outside such relationship, but if Joan was either his wife or sister, and if Maurice de Moravia was son of Maria de Stratherne (as alleged by Lord Hailes, who stated that Maurice succeeded in right of his mother), their marriage was impossible. Either then Maurice de Moravia was not of Drumsargard, or he was son of some other mother than Maria de Stratherne. Nevertheless the charter of Abercairny to John, father of Maurice, is apparently made to a young man not then.a knight. That there is error in the received opinion is clear, and I much regret that I cannot prove the exact truth. I must merely state that while I doubt whether Maurice de Moravia of Brunsergarthen, undoubted earl, was of Drumsargard, I am of opinion, as at present advised, that Joan, Countess of Strathern, Atholl, and Sutherland, was not Johanna de Menteith. There were two Johannas, Countesses of Strathern, and there were two Maurices de Moravia, both killed at Durham (Scala 'Chronica). — Wi A. L.

INTRODUCTION

lxxv

Malise held — having previously bought up the rights, if any, of the heir of line. The subsequent history of this last creation forms the subject of a peerage claim which has been pending in the House of Lords for the last seventy years.

Earl David, styling himself Palatine, granted the abbey a protection for making a causeway and bridge, April 8, 1375 (No. cxxxvin.), the last of the charters here printed granted by an Earl of Strathern.

Stewards axd Murray.

We learn from Charter n. that about the year 1195 Gillenem (or Gilliene) was dapifer or seneschal of Strathern, and that about 1199 (No. iv.) he had a son Malise. The name of the son suggests that the ancestors of Gillenem had been stewards during the twelfth century. About 1211 Malise succeeded to the office (Nos. xxxi-ii-m.), but soon after the death of Earl Gilbert, Earl Robert appointed B. de Dunning (No. lviit.), having had Jordan as his steward when heir-apparent (No. xli.). In the year 1238 (No. lxiv.) Morinus de Kindeloch was steward, but probably steward of the Earl of Winchester, for Morinus witnesses Charter xlii., and seems identical with Morinus le Marr.1 After this no charters are witnessed by the steward till 1271, when Bricius is the witness (No. xcix.). In 1284 Malise who had been steward was dead,2 and thenceforward the office is traced under Drum- mond. Not improbably the charters witnessed by the steward were those granted in the eaiTs court.

Malise, son of Gillenem, is the founder of the house of Tullibardine. Earl Robert granted the ville of Cather- lauenoch called Tullibardine to Conghal, son of Duncan, son of Malise, to hold to him and his heirs by Ada, daughter of Ralph. Confirmed by King Alexander at Scone, April 3. 1234.*

1 Cf. No. xxxvm. 2 Bannatyne Club, App. xwvi.

3 Lib. Ins. Miss., App. xxix.

\ i

INC11A1TRAY CHARTERS

Duncan and Gilletomas, sons of Malise, witnessed the chapters of Marl Robert before his succession (No. xi.i.).

Muriella, daughter of Coneval, married the Sir Malise who was steward of Strathern, after Bricjus, and granted the lands with her daughter Ada to Sir William de Moravia, son of Sir Malcolm. Muriella had a son Henry who confirmed the grant to his sister; but right to the eastern half was challenged by one Maria, relict of Eugenius, son of Coning (Conan), natural son of Henry, Earl of Atholl,1 and she, evidently co-heir with Muriel, granted it in feu-farm for her life.2 In Ti97, Earl Malise granted that he had no claim on Murray except for foreign (* formsecum ') service.3 It is proper to add that Sir William Murray of Tullibardine was a younger son of Sir Malcolm ; and John, son and heir of Sir Malcolm, granted to his brother the lands of Aldie which formed part of the ' maritagium v of Matilda, daughter of Earl Gilbert, on her marriage with Malcolm, son of Earl Duncan.4 There is a traditional descent of the Murray s of Both well from this marriage. The present Duke of Atholl possesses a number of Strathern charters, reported by the Historical Manuscripts Commissioners^5 for which there are four possible sources : (1) Descent of Tulli- bardine; (&) Descent of Aldie; (3) Representation of the Stewarts of Atholl ; (4) Representation of Gask, and it is much to he desired that they should be compared with those at Drummond Castle, Abercairny, and elsewhere.6

Murray of Dkumsakgakd.

The two writs numbered exxix. and exxx. are important in relation to the question of the descent of the earldom. The former shows that the abbey retained the counsel and aid of Maurice Moray of Drumsargard by granting him for life the land of Balmacgillon, and an annuity of six merks from

1 Scots Peerage, i. 419. 2 Ibid, xxxvii.

;; Ibid, xxxix. 4 Lib. Ins. Miss., App. I.

s Report, vii. 704 ff. G Scots Peerage, i. 450.

INTRODUCTION

lxxvii

Abercairny on October 29 or 30, 1339. Maurice granted a letter of reversion. The letter is in form ' of indenture, and recites that owing to the state of war and the poverty of the inhabitants the canons had difficulty in collecting their annuity of forty-two merks from Dunning; consequently they grant the annuity to Sir Maurice, except ten merks from Peckaryn, from Pentecost 1344, for ten years, receiving as rent a stone of wax each of the first five years and two stone each of the latter five years, dated February 24, 1343-4. The question - arises whether this Maurice is the Moray of 6 Brunsergarthen 1 who obtained a dispensation to marry Joanna, Countess of Strathern, in July 1339, and therefore the Moray created Earl of Strathern in the spring of 1344. We are unable to find any such place as Brunsergarthen, which is not an unlikely version of Drumsargard, considering the constant misspelling of Scottish place-names in Papal briefs. It is therefore possible 1 that this Sir Maurice is the earl. We observe that in the former writ he is not styled knight, from which we infer that he is not identical with the Maurice de Moravia who was taking a prominent part in 1335-6, and was forfeited by Edward i.2 If then, in 1339, Maurice of Drumsargard was a young man, he might be the son of Sir John de Moravia of Drumsargard by Maria de Strathern. This , has, indeed, been frequently asserted by previous writers. \Ve now know that Maurice did not suc- ceed to Strathern in right of his mother, nor was it for his own merit only that he was created earl, but that he was so created because he had married the countess. However, if he was son of Marie, he cannot have married his grand- father or uncle's widow, and Joanna the countess was nol Johanna de Menteith. There is one objection to this view arising from the two writs under examination, which is that

1 Compare with p. lxxiii, note.

2 Bain, iii. 368. The non-mention of knighthood in the record there printed is normal, and does not affect the argument in the text.

Iwviii

INCH AFFRAY CHARTERS

if Sir Maurice had married a countess in her own hereditary right Ih» ought to have been styled Lord of Strathern. The answer is that Joanna could not be countess by hereditary right, and not improbably if a created countess she was ereated tor life only. Maurice, Earl of Strathern, was killed at Durham, and his widow was remarried within a year as stated above*1 If he was the party to Indenture exxx., the annuity reverted to the abbey in 1346, and the second stone of wax A\ as never paid. We have unfortunately no further evidence about the annuity till 1358, when the new Earl and High Steward again confirmed it, without any mention of its temporary alienation — exxxm. and cxxxiv.

Ardrossan.

Bricius de Ardrossan appears as a witness to Charter lxviii. (1240), and to the Charter xcvi. (1268) by which Earl Malise granted an annuity of six merks from Abercairny in lieu of a similar annuity from Ballenolleth. He also appears as a witness to a charter of Sir Fergus to Lindores.2 This and the following charters set forth an arrangement of some importance. Bricius quitclaimed to the earl the lands of Bathaldy and Lanyrky to take effect after his death. The earl therefore makes a grant of four merks annuity from Mickrand or Muckrand, for the soul of Bricius as well as his own, for the purpose of endowing a chaplain, and also gives premises in Dunblane called Tolauch or Tuloch which Bricius had held. Bricius confirms this after the earl's death (No. xcviii.) in 1271, and adds an annuity of a merk from land in Petlandy (probably that granted by Theobald) which he held in feu-farm from Lucas, son of Theobald. Bricius further grants to the abbey the sixteen acres which the deceased earl had granted him in exchange for Tulochs. Finally, in Charter ci., Bricius resigns all interest in Petlandy, and gives

1 See Strathern.

- Charter xxxi.

INTRODUCTION

lxxix

sasine on November 30, 1371, by the hands of two servants- Michael and Martin. This complicated arrangement seems to- result in a commercial transaction without any benefaction, and we suspect that Bricius, probably of a great Ayrshire family,1 wishing to be quit of outlying possessions in Strathern, sold all his interest to the abbey, who acquired in such a way that Luke de Petlandy suffered no damage. This Bricius was not the dapifer of that name, for that officer witnessed his grant (No. xcix.) as did the bishop. Luke de Petlandy confirmed the whole arrangement (No. cm.).

Comyn.

Sir John Comyn, son of the late Sir John, granted to the abbey in 1278 (No. cviii.) a right of access to Perth through his wood of Rosmadirdyne from the public road which leads from the monastery by the black ford, called in Scottish Athebethy, the abbey to make and maintain a bridge.

He also granted (No. cix.) the person of Gillecrist Rothe, son of Gyllehtheny. Both these charters are granted at Gasknes in July, and with the same witnesses, first of whom are the granters brothers, Sir William and Sir Alexander.

The granter of this charter must be the second Sir John Comyn of Badenoch, cousin of Alexander, Earl of Buchan, who might, at this date, be the proprietor of Gask in right of his wife Isabel de Quincy.

The genealogy of the Comyns has never been satisfactorilv stated, and we are unable to explain by what title Sir John became possessed of property between Inchaffray and Perth ; but that Gasknes, of which Rosmadirdyne (Ross Farm) was a member, is shown to have belonged to the Comyns of Badenoch.2 His brother, Sir William, claimed the earldom of Menteith, having married the daughter of Countess Isabella

vSee 1' raser, House of Egliiiton.

- Robertson, 26-28.

Ixxx

INCH AITRAY CHARTERS

by her second husband, Sir John Ru'ssell, and this William held Kirkintullacl). The Sir John Comyn, deceased father of the granter, evidently had two wives, one of whom was, we think, Alicia, daughter of Sir William de Lyndesay of Lamberton,1 and by the second wife (probably this Alicia) he had John (half-brother of the granter)? Robert, and Alicia.

DrXNIXC.

Anechol, Thane of Dunning, one of the witnesses to Earl Gilbert's charter of foundation, also witnessed the previous charter of Maderty Church (No. iv.), 1199 and the subsequent charter of 1200 (Nos. xi., xn., xiv., etc. etc.).

Whatever the meaning of thane, it seems that the earl had the patronage of the Church, which Earl Gilbert gave to the abbey, confirmed by King William in 1203-4.

Anechol is succeeded, 1208, by Gillemichel de Dunning.

Bricius de Dunning witnesses the charter of Earl Robert (No. lv.) and the charter of Robert de Meggefen (No. lvil), and as seneschal the eaiTs confirmation (No. lviii.). A Bricius de Dunning is witness in 1247 (No. lxxv.).

In 1258 Malise, son of Anechol, is a witness (No. lxxxix.), and in 1271 a Bricius is dapifer (No. xcix.).

Whether or no the families of the name now existing descend from this source, we have therefore no certain proof in these charters. Dr. Skene considered it likely that the later Thanes of Edindonin^ descended from Dunning.

Glexcuakny.

Of the later charters to Inchaffray one of the most interest- ing is that of sale by Nevin MacEwyn and Mariota his wife, daughter and co-heir of Malmoran de Glencharny, for their souls, and specially for those of the said deceased Malmoran

See Crawford article in new Scots Peerage-.

INTRODUCTION

lxxxi

and Cecilia his wife (No. cxxxv.). Nevin and Mariota sell for forty marks their right of succession to Malmoran's property in Crage, Ardweny, and Ardbany (all in Maderty), mortgaged to Malmoran by the abbey. Great formality is observed, and a number of important personages, ecclesiastics and laymen, assembled to witness the transaction, probably to protect the act of a married woman parting with her heritage.

The record, which was attested with the seals of the earl {Robert the High Steward) and others, took place in the parish church of Perth in November 1365.

Sir Gilbert de Glencharny witnessed the charter of Earl Malise to Gilbert de Hay,1 and according to Sir William Eraser 2 was identical with Gilbert, son of Earl Gilbert.

Gouthie.

An early benefactor was Tristram, who granted to the abbey a croft in Edardoennech, near the pond of the mill of Gortin (No. xxvi.), witnessed by his wife Ela, his sons Henry, Tristram, and William, and his daughter Avice. This grant was confirmed by Earl Gilbert c. 1208, Henry, son of Tristram, being a witness with Galfridus de Gask (brother of Countess Ysenda) and Gillemichel de Dunning. Tristram appears as a witness to the great foundation charter of Earl Gilbert in 1200, about which time he probably became one of the principal vassals of the earldom. This Henry is the 4Rennarius") of Earl Robert, who witnessed No. xxxvri., when Tristram, son of Tristram, also witnessed. Henry the Rennarius of Earl Gilbert was perhaps his uncle. The brothers are also witnesses to No. xxxtx., granted in 1219, and Henry, son of Tristram, appears as witness to Nos. xliii. xliv. Henry granted a toft and three acres in Kyntochir (No. LV.); and as

1 Lib. Ins* Miss*, App. xxxm. e\ Errol Charter Chest.

2 Chiefs of Grant..

Kwii

INCIlArTRAY CIIARTKRS

the Rennarius witnesses No, lvi., Master II., son of Tristram,, witnesses No. lvii. with Tristram de Gortin, and the identi- fication of these brothers is perfected in the testing clause of No. i. vin. Tristram de Gortin appears alone in Nos. lxxiil, lxxiv., lxxvi. (1247), again in Nos. xcvi., xcix. (1271), cvi.

The same name appears in 13)65 (No. exxxv.), in 1454 (No. CXLIX.), when we have Gorty of that ilk, and we learn from the decree of Bishop Robert in 1461 that a previous Tristram de Gorty had granted a mortuarium of one hundred shillings.

In 1507 Gorthy was erected into a barony, and the then Tristram was a tenant in chief of the king probably as of the earldom. Such was the origin of a gentle family whose possessions passed with an heiress to the Lundies and through the Murrays to the Grahams of Gorthie.1

LOVETOFT.

It appears from Charter lv. that Nigel de Lutoft, pro- bably identical with Nigel de Dolpatrick of 1200 (No. ix.)y granted six acres in Dolpatrick to Inchaffray in the time of Earl Robert. Sir Roger de Lovetoft witnessed Charters lvi. and lvii. of the same period. And William de Louetoft was a witness for Earl Malise, No. lxxxviii. (1258),

There was an important family in the earldom of Hunting- don named Louetoft, descending in two lines, which both ended in heiresses, from William, who founded the Priory of Worksop. There can be little doubt that this Strathern family came from a cadet of the Huntingdon family, who obtained by grant or marriage the lands of Dolpatrick. The English pedigrees do not identify such a cadet, but the names William, Nigel, and Roger appear in both.

Richard de Lovetoft, Lord of Worksop, son of William, is

1 See the account of the barony of Gorthie in Finis's Sketches of the Olden Times in Perthshire.

INTRODUCTION

lxxxiii

stated by Philpot, Somerset Herald, to have had two younger sons, Richard and Walter.

There was a Roger de Lovetoft sheriff of Nottingham in 1257-8.1 And the confirmation of the founder's charter by his son Richard is witnessed by Henry and Radulf de Luvetot.2

Louttitt, a name now existing in Scotland, may be a derivative. Loutfute appears in Drummond Charters.

See further under Meckfen, a comparison with which sug- gests that Soliva, wife of Robert de Meggefen, was daughter of Sir Roger de Luvetoft and that he was son of Nigel.

Macnaughtkx.

Gilchrist, son of Malcolm MacNathen, granted the advowson of the church of St. Mordac of Kellemurche or Kelmorch to InchafFray by two charters of about the same date, for the witnesses are the same. In the former (No. lxxiii.) the gift takes effect from the death of the clerk, not mentioned in the second.3 But the true reason for the second charter may have been the desire or necessity of obtaining episcopal sanction, and the second charter states that the Seal of the Bishop of Dunblane is procured, he being a custodian of the see of Argyll. Therefore Kellmurche is now Kilmorich in Argyll, and we have a Papal Brief by Innocent iv. 4 commissioning the Bishops of Glasgow and Dunblane to attend to the matter of the vacancy of the diocese of Argyll, which had lasted seven years.5 The brief is dated 10 Kal. Jan. a.p. vi. Dec. 23, 1248.

Gilchrist mentions his wife Bethok, and his charters are witnessed by the late earl's uncle, Tristram de Gorthie and

1 Bain, i. 2099-2105.

"2 Dugdale's Monasticon Anglicanum, vi., under ' Workesop.' See also Dugdale's Baronage, i. 569.

:i Cf.'the endorsement of the earlier given in facsimile.

4 This Pope did not always adopt the same date for the commencement of the year.

5 Theiner, 52; Papal Letters, i. 251.

g

Ixxxiv

INCHAFFRAY CHARTERS

William, son of Hauok. The charters indicate that he was of

baronial rank. The ancient seal of the Macnauo'htons was

o

Dundaraw in Kilmorich parish.3

In the vear 1257 Ath, a brother of Gilchrist, granted the church of St. Findoc at Inchealt, in the diocese of Argyll, with the consent of Sir Gilbert his brother, who witnessed Earl Malise's charter of Cortachy (No. lxxxvi.), no doubt the eldest of the brothers (No. i.xxxv.).

It appears from the Taxt Roll of the lordship of In chaff ray that there was in 1630 a Macnanghten who rented the teinds of Kilmorich or Kirkmorichc, then estimated to be worth £66, 13s. 4d. ; and the following entry appears to relate to Inchealt or Incheall, the proprietor being Patrick M'Kairtour of Tullievodiche.2 These teinds are stated to be then worth JP233, 6s. 8d.

The teinds of Kilmoriche were leased to Alexander Macnaughton, March 4, 1618, at Edinburgh, and those of Inchald to Patrick M' Arthur of Torradithe on the same date by the commendator, Lord Madertie, all the canons being dead.

Mekfen.

Robert de Meggefen granted two tofts and four acres in Dolpatrick, otherwise Kenandheni (No. lvii.), with consent of Soliva his wife and their children, confirmed by Earl Robert (No. lviii.). This suggests that the lands belonged to Soliva, and that she was the representative of Nigel de Dolpatrick, witness to Earl Gilbert's charter of foundation and to that earl's confirmation of Tristram de Gorthie's charter (No. xxvii.). The sons of Robert and Soliva were Philip and Robert (No. lvii.).

Roger Mekfen, knight, was a witness to the charter of Abercairny by Earl Malise to John de Moravia with Maria the earl's daughter.3

1 Orig. Par. Scotia, ii. 84. 2 Lib. Ins. Miss., 116. 3 Ibid., App. XLir.

INTRODUCTION

Ixxxv

Roger de Mekven of that ilk granted the lands of Carnbo. He was probably grandson of Robert. His charter (No. cxxxvi.) is witnessed by a son William.

Robert de Mekven of that ilk granted his Brew land of Mekven with pasture for twenty cows, sixty sheep, and two horses, etc., at Perth, March 9, 1443-4. The same land was granted to the abbey by James it. in 1450, on the resignation of Andrew Toische (No. cxlvii.); indicating that between 1444 and 1450 the property of the de Mekvens had passed (perhaps with an heir-female) to the Toshachs of Monzievaird, who possessed the lands of Mekven in the sixteenth and seventeenth centuries.

Petlandy.

Theobald, son of William, son of Clement, granted Charter lvi., witnessed by his brother Walter Clement. It would appear that the name of the ancestor was the surname of this family, for it will be observed that Earl Robert's charter, No. Lv., is witnessed by W. Clement. Theobald granted to the abbey a toft of six perches long and six wide with two acres in his ville of Petlandy in the field (presumably tilled in runrig) called Fitheleres flat, with common pasture for eight cows, sixty sheep, and two horses. This interesting grant indicates the wealth that might attach in 1230 to a small toft. The grant was confirmed with definition of the boundaries by Luke, son of Theobald, c. 1272 (No. cm.), who also confirmed as superior a gift by Bricius de Ardrossan (Nos. c. and ci.). Luke granted two further charters, one of a croft and toft near his house. And now the surname of Petlandy taken from the property is assumed (Nos. cv. and

<YJ.).\

1 Theobald do Foglais or Fowlis may be the 1 )ispensarius <>f Charted \ \ \ 1 \ . . for Petlandy lies close to Fowlis.

Ixxxvi

[NCHAFFRAY CHARTERS

De Quincy.

Of the origin of the de Quincys we have no satisfactory information. One of the most diligent and, in our opinion, the most accurate of English Heralds — John Philpot, Somerset Herald records that Saher de Quincy, son of another Saher, married Matilda de St. Liz, and had a son Robert, who was father of Saher, created Earl of Winchester. Matilda would be doubtless a connection by marriage of Queen Matilda, and a son of hers, a likely companion of David, Prince of Cumbria, afterwards king.1 The said son Robert married Orabilis (daughter of Nes, son of William), and by her had issue the future earl. We learn from the Bull of Pope Innocent (No. xxi.), that the late Orable granted eight acres in Gask to Inchaffray before 1203 ; and from No. xxxviii. that Earl Saher granted ten acres and pasture in the common pasture of Gask for ten cows. Unfortunately we have not found the original of this charter, and the witnesses are not recorded in the Register, but the public life of Earl Saher indicates the period between May 1217 and the spring of 1219 as the probable date, for in that year he joined the Crusade, and died in November at Damietta. We infer, therefor, that the grant by Earl Saher was in addition to, perhaps in substitution for,, that of his mother, and that he had succeeded to Gask in her right. This further grant was confirmed by Roger the earl's son (No. xlii.).

It is, of course, well known that Saher de Quincy, who, or his grandfather, had lands at Colum, in the Honour of Eye, granted in 1175-6,2 married Margaret de Beaumont, younger sister and co-heir of Robert, Earl of Leicester. It was in consequence of his wife's succession to a share of the vast estates of Beaumont

1 Ascelina, daughter or step-daughter of Saher, held land in Northampton. — Bain, i. 218.

2 Pipe Rolls Soc, xxv. 76.

INTRODUCTION

lxxxvii

and Grentemesnil that he was; March 13, 1307, created Earl of Winchester.1 He was one of the barons who took a pro- minent part in the revolt from King John, and was succeeded by Roger, who had an elder brother Robert, and a younger brother also Robert. The elder Robert died v.p., having married the heiress of Lincoln, which earldom descended to his female issue. The younger Robert married Helena, daughter of Llewellyn, Prince of North Wales, and widow of John le Scot, Earl of Chester and Huntingdon. Roger, who was not styled earl till after his mother's death in January 1235-6, married for his first wife Helen, eldest daughter of Alan de Galloway, half-sister of Devorgilla de Baliol ; and he was recog- nised as Constable of Scotland. Their youngest daughter, Isabel, married Alexander Corny n, Earl of Buchan, who was also Constable. Their daughter married Malise in., Earl of Strathern.

Earl Roger died without male issue, and the earldom of Winchester, which was probably limited to male heirs, lapsed to the Crown. The sudden appearance of this family of de Quincy, and the great status it obtained by marriages both in Scotland and England, and its equally sudden disappearance, is very remarkable, and of great historical importance in re- lation to the position of subsequent claimants to the Crown of Scotland and adherents to Baliol.

Some observations on the pedigree were published by Mr. Bain in the Genealogist, vol. vii. p. 17.

Orable, mother of Saher de Quincy, is proved by the Char- tulary of the Priory of St. Andrexcs, pp. 254-5, to have been daughter and heir of Nes, son of William, Lord of Leuchars in Fife (Sheriff* of Perth), witness to charters of Malcolm iv. and King William before 1170. Whether 'heir1 means sole legal representative is doubtful, for Nes had certainly two sons. Constantine and Patrick, probably by another wife.

1 Roger de Wendover, 121 5.

Ixxxviii [NCHAFFRAY CHARTERS

The fief of Gask evidently descended to Saher, Karl of Winchester, for he granted the church to the Hospital of Brack ley, in Northamptonshire, for the souls of his father, mother, and oldest sou, Robert. The Charters iv., iv.a, lv.b in the Appendix to this volume deal with that transaction.

There are chronological discrepaueies in the printed accounts respecting Orable and her son. Karl Saher is stated to have married about 1170, and to have been a knight in HT^.1 If so, he must have been about sixty-five when he joined the Crusade, and his mother must have been married not later than 1155. On the other hand, the charter of the church of Leuehars to St. Andrews by Nes and Orable con- veys the impression that Orable was then a child, and it is clear that it was this charter, and not that on p. 287 of the Chartulary2 which Orable attested as Countess of Mar, though the compiler of the Chartulary evidently thought otherwise. Her style as Countess of Mar is not explained by any known marriage; but, in the opinion of the present writer, Robert de Quincy,3 having gone to the Holy Land in 1191, never re- turned,4 and his widow married Gilchrist, Earl of Mar, whom we take to be G. Com de Mar, who witnessed Lady Orable's charters of the davoch Fethar hathyn to St. Andrews.5 This suggestion implies that Saher de Quincy confirmed his mother's grant in the lifetime of both his parents.6 Another suggestion which the present writer desires if possible to reject is that the marriage of Roger de Quincy and Orable was annulled. If this suggestion be correct, some relationship existed of which we have no explanation, and no document exists which accounts for Saher remaining her heir. It is evident that

1 Complete Peerage, by G. E. C.

2 Registi'iim Prioratus S. Andree. :; Bain, i. 21S.

4 It must, however, be admitted that debts owing by Robert de Ruenci are carried forward in the Fipe Rolls till 1207-8, when Saher, his son, becomes the debtor. — Bain, i. 425.

5 Pp. 290-1. e P. 291.

INTRODUCTION

lxxxix

Nes, son of William, was a magnate, for the charters mention his Pineerna, Seneschal, and Chamberlain. Most of the Royal charters he witnessed were dated in Fife or Perth, and the charter of King Malcolm 1 indicates that he was an official in Fife c. 1160, but the Royal charters witnessed elsewhere are sufficient to show that he occasionally accompanied the king.

Miscellaneous.

Gilbert Socius Comitis (Nos. xi. and xu.). It will be ob- served that this person witnesses after the steward and before the judge or dempster. He is probably identical with Gilbert miles in Charters iv. and xiv., and we surmise that he served Earl Gilbert as an esquire and received knighthood from the earl. If this surmise be correct, we may further suspect that he received a knight's fee from the earl, which means about six hundred acres.

The interesting charter (No. lxxxvii.) granting a serfr Gilmory Makgillendes, to the abbey, is witnessed by Lorin Mac Gil, serf (son of the servant of St. Serf). This person reappears in Charter xcv. as Lome Mack Gilherve — the // being substituted for s. He was apparently a personal attendant on the earl, and Gilmory probably a relation who became a lay brother in the abbey.

William, son of Hawok of Perth, sold to the Abbey of Inchaffray land which he previously held in feu-farm of Richard de Laycester, late burgess of Perth, and afterwards of the canons. We conclude that the abbey first bought in 1240 the superiority (No. lxix.) and now the property of this hind (No. lxx.) The abbey next bought land in the North Street of Perth, which the same William held of the abbot and convent of Scone (No. LXXI.), and the sale was confirmed

1 C/t. of Dunfermline, p. 25.

INCHAFFRAY CHARTERS

by Scone stating the then rent to be five shillings annually

(No. LXXTI.).

We learn from charter i.ix., erroneously headed Charter of William de Laycestria, that the former land came to Richard de Laycester f rom John, son of David, and tliat the rent was sixteen shillings. Not improbably both these sales were originally wadsets, but no letters of reversion appear.

Unfortunately no mention of the second transaction appears in the Chartulary of Scone.

Robert de Laycester was a canon of Dunkeld, and no doubt the originator of these purchases.

Gordon and Duummond.

The principal actor in the ruin of Inchaffray was Alexander Gordon, second son of John Lord Gordon by Margaret, natural daughter of King James iv., and brother of George, fourth Earl of Huntly, the greatest champion of the Catholic cause in Scotland. Alexander entered holy orders, and was from 1544 to 1548 bishop designate of Caithness, to which see the queen asked Pope Paul in. to promote him.1 Gordon accepted a pension of forty marks, and re- nounced all claim to the see, August 6, 1548. He was pro- vided to the archiepiscopal see of Glasgow March 5, 1550, and granted the pall March 10; 2 but his election being dis- puted, 1551, he resigned the see to the Pope.3 He was created titular Archbishop of Athens, September 4, 1551, and appointed to the Isles 1553, of which he was postulate till 1562, but was in the meantime elect of Galloway, of which he had rule of the temporality March 10, 1558-9.4 He became Bishop of Galloway, but joined the party of John Knox. He succeeded John Hamilton as commendator of Inchaffray in the year 1551. 5

1 Episc. Reg. Soc, ii. 222-3. 3 Reg. Episc. Glas., 513-15. 5 Brady.

2 Brady.

4 Exch. Rolls, xix. 451.

INTRODUCTION

xci

The conduct of this Prelate, whose career is regarded with ■contempt by hoth Catholics and Protestants, is more fully explained by the documents at Dupplin Castle than else- where. He had a concubine called Barbara Logie, daughter of David Logie of King's Cramond, by whom he had five children; and the great object of his life was to provide for these children, and, if possible, get his lady recognised as a wife. Their issue were : —

1. John, educated at St. Andrews, Paris, and Orleans. Appointed Gentleman of the Chamber to three kings of France. He was granted the Bishoprick of Galloway and the Abbacy of Tongland, on his father's resignation, by royal charter, January 4, 1567, but seems to have gone abroad. He was made Dean of Salisbury in 1603, went to Balliol College, and was created D.D. August 13, 1605. He was also Rector of Upton Lovel. He married, first, Antoinetta de Marolles without surviving issue, and, second, Genevieve Petau, by whom he had a daughter Louise, married to Sir Robert Gordon of Gordonston. The dean died at Lewson, Dorset- shire, September 3, 1619, aged seventy-five. % George, died s.p., had Royal gift of the bishopric 1586.1

3. Mr. Lawrence Gordon, who sold to Lady Drummond, in May 1577, two pensions from InchafFray granted to him and his brother. The bishop contrived to get the temporalities of the see of Galloway granted to his son Lawrence, who was also made Commen- dator of Glenluce, erected into a lordship. His brother the dean succeeded to Glenluce, and sold it to Robert Gordon, who resold it in 1639 to the Marquess of Huntly. Mr. Lawrence was dead August 2, 1610, the date of his brother's retour.

1 Scott's Fasti*

sen

INCH AFFRAY CHARTERS

1. Robert, died s,p,

5. Barbara. She and her brother John elected Alex- ander Blair, burgess of Perth, their tutor, October 11, 1556.

The Bishop of Galloway was made a Privy Councillor November '"), 1565, and a Senator of the College of Justice. He died November 11, 1575.1

The House of Drummond, which ultimately acquired the Abbey of Inchaffray, and in respect of dignity obtained the first place in the Sheriffdom of Perth, first appears in these Charters in the person of Maurice, who witnessed the arrange- ment between Nevin Macnaughtan and his wife and the abbey in November 1365 (No. exxxv.).

Maurice is then one of the principal knights of the earldom, and was created Steward, Forester, and Coroner of Strathern,2 the lands of Drommane in Strathern being granted to him by Earl Robert in 1362." The name was, however, taken, it is supposed, from Drymen in the earldom of Menteith, and the armorial bearings of the Drummonds are evidently derived from those of Menteith. There is also evidence of official connection with the earldom of Lennox. Maurice was brother to John de Drummond of Concraig, who made satisfaction for the slaughter of the brothers of Walter de Menteith, May 17, 1360,4 and in all probability Margaret Logie, Queen of Scots, was their sister or near relation. Concraig is now Drummond Castle, and the licence to build the castle was granted by King James iv. in 1491 to John, Lord Drummond, who acquired Concraig and the office of Steward from the then Maurice Drummond.

On August 4, 1554, Alexander Gordon, Archbishop of Athens and Commendator of Inchaffray, granted a lease of the teinds of Kinkell to his mother, Margaret, Lady Gordon,.

1 Edinburgh Testaments. 2 Drummond Castle Charters. 3 Ibid.

4 Ibid., printed in Fraser's Red Book of Menteith.

INTRODUCTION

xcm

and her husband Sir John Drummond of Innerpeffry. This lease was redeemed for six hundred merks by the abbey, and a lease granted to Barbara Logy and her natural son John Gordon, January 13, 1558-9, out of a thousand merks pro- vided by Barbara and her brother Robert Logy.

Sir John was son of John, third son of the Lord Drummond who bought Concraig and built Drummond Castle, and Lady Margaret Gordon was daughter of King James iv. by Mar- garet Drummond, sister of the elder John.1 Lady Gordon had letters of legitimation (February 1558-9). They had no son? and the lands of Innerpeffry, by arrangement with James Chisholm of Cromlix, Sir John's son-in-law, reverted to Lord Drummond, and were granted to James, afterwards Lord Madertie, Commendator of InchafFray, by his father, David, Lord Drummond. Lord David was confirmed as Steward of Strathern, and the heir of line. Gilbert, Earl of Ancastei', is still hereditary Steward and Chamberlain of the Lordship of Strathern.

Upon November 7, 1560, Bishop Alexander Gordon, granted the whole abbey in tak to David, Lord Drummond, Lilias Ruthven his wife, and James, their son. James was made commendator, the lands were erected into a temporal lord- ship, and he was created Lord Madertie, January 31, 16'09. By his wife Jean, sister of Sir John Chisholm of Buttergask, he had issue two sons — (1) John, Lord Madertie, who married Margaret Leslie, daughter of Patrick, commendator of Lindores; (2) James, ancestor of the Viscounts Strathallan.

John, second Lord Madertie, had issue several sons, of whom the fifth, Lieut.-General William Drummond, succeeded his brother as fourth lord, and was created Viscount Strath- allan. He had an only daughter, Margaret, married to Thomas Hay of Balhousie, father of the Earl of Kinnoull, who succeeded to Maderty on the death of the viscount's

1 Dispensation granted l>y Pope Clement VII., 16 March 1529 3<

MIX

INCH AFFRAY CHARTERS

grandson. The possession of the charters printed in this volume by the Earl of Kinnoull is thus explained," and it is Satisfactory to observe that these valuable documents have never been out of legal custody.

From a writ at Dupplin Castle we give the preamble (also quoted in the Royal Confirmation, see Appendix x.), for it illust rates the form of conveyancing then adopted: —

• We, Alexander, by the mercy of God Archbishop of .Athens, postulate of Galloway, Commendator of the Abbey of Inchaffray and convent thereof, " chapterlie gadder^," for the utility and profit of us, our successors, and our said place of Inchaffray before sene and considered,1 and mature deli- beration had thereupon, for reparation and upbuilding of the same, and patrimony thereof, for uplifting of the tenths, mails, ferms, rents, presents, and other debts from our tenants and parishioners, of all and sundry our lands and kirks lying within the Sheriffdom of Perth and Stewartry of Stratherne, and within the barony of Maderdy and lordship of Cardny respective. From whence in those rebellious days through lack of justice and persecution of the spirituality and spuilzing of their lands and tenths the same could not be obtained. And unto that time that the Eternal of his providence [render?] justice hereunto, and the same ministered to her afflicted ... in diverse parts. It is thought ex- pedient by us for the cause above and under specified, our said place and patrimony be set in tak and assedation. And that for great sums of money paid and delivered to us at the making of these presents in our necessity by a noble and mighty lord, David, Lord Drummond, and Dame Lilias Ruthven, his spouse, in numerat money really and .. . . offered and converted by us and appoint(ed) to the creditors of our said place in whose debt we and our patrimony were

1 This clause is intended to avoid the effect of a Papal Bull prohibiting alienation of monastic lands except for the manifest utility of a monastery.

INTRODUCTION

xcv

. . . and involved. And for other causes moving us 1 and for payment of the yearly rents underwritten. ... to have set in assedation, and by these presents sets, and for the yearly rent& underspecified, in assedation lattis to the said noble and mighty lord, David, Lord Drummond, and Dame Lilias Ruthven, his spouse, the longer liver of them, and their assigns and subtenants one or more, all and whole the said abbevr monastery, place, and lordship of Inchaffray, with houses, yards, biggings, meadows, mosses . . . waters, fishing, perkisr pathways . . . lands, kirks, as well vicarages as parsonages, fewmails, ferms, rents, presents, and patrimony whatsumever,. in general and in special belonging ... as the same wer pertinently expressed.'

The rent was 900 merks Scots.

The pensions of the canons, not the whole but the pro- portion settled by law, granted pensions (Anglice corrodies) : — To Don. Patrick Murray, 40 pds.2 and 40 inks.

,, Dom. John, the vicarage of Moonsvard, or 20 mks.

„ Harry Drummond, 20 mks.

„ Alex. Scot, 20 mks., and for the wadset lands £%6, 13s. 4d. „ William Murray, 3 chalders victual for a wadset. „ the Poor, 2 chalders meal. As at more length contained in their letters.

Inchaffray, November 7, 1560.

Signatures —

Alex. Comr. Alex. Murray. John Rauff.

Thomas Garden Prior. William Ruthvex. William Melrose. James Ronaldson. Andrew, Paul Cunyngham.

Robert Car.

1 There was an arrangement about the same time to provide for Barbara Logie in an annuity from Strugeth.

2 A grant of £40 from the vicarage of Strowan was made to Dene Patrick Murray for faithful service in the office of granitarie, signed by the corn mendator, the prior, and eleven others, at Inchaffray, Oct. 2, 1557.

\r\ ]

INCHAFFRAY CHARTERS

Upon the narrative thai the late 'Abbot1 James had dilapidated the abbey unlawfully, King Charles, by Royal charter dated June 8, 1626, created Patrick Murray, his cupbearer, commendator quoad spiritualitatem to provide for the churches out of the teinds, with the advice of John, Archbishop of St. Andrews, Patrick, Bishop of Ross, and the bishops of the dioceses. After the death of Patrick, Magdalen Murray his relict, and Elizabeth his daughter, relict of Thomas Menzies of Tiggermark, retoured heir to her brother Patrick, who was retoured heir to his father, made claims to both spirituality and temporality, and granted .a lease of the teinds of Inchealt to Duncan Campbell, Captain of Dunune, dated at Edinburgh, 23. 1662.

Since the above narrative was written, the author has seen some charters at Drummond Castle which establish beyond doubt that Maurice, ancestor of the Drummonds of Concraig, was made Coroner and Forester of Strathern by the High Steward, and thereafter hereditary Steward. These charters also show that, notwithstanding counter claims by the Murrays of Tullibardine, the Drummonds of Concraig and their assignees, the elder Drummonds of Cargill, always retained the office. The family historian (MS.) explains this by alleging descent from Henry, son of Muriella (see p. lxxvi). The proof of this we have not found, but the office has been hereditary in the Drummond family since the fourteenth century.

W. A. L,

APPENDIX TO INTRODUCTION

xcvii

APPENDIX TO INTRODUCTION

The following from Mr. Lindsay's notes on the later Inchaffray Deeds are given to illustrate the value of such documents for pedigree purposes, and to add a little to our knowledge of the last days of the Abbey : —

1. Lease by George Abbot of Inchaffray and convent in chapter to our well beloved friend Jone of Row and his assigns, i.e. all children gotten between said John and his spousit wife, and failing them to Sir Thomas Row, and Lucas of Row, brether germane to said John, the fruits of our church of Kylbryde, etc. etc. for nineteen years . . paying tene pundis at usual terms. Nativ. S. John Bapt. called Midsummer next fyve pundis and at ye fest of purification of our Lady callit Candlemas next there- after, fyve pundis and so forth, the entry to be at beltane next after following the date of this present writing. John to pay all ordinary costs effeiring to the abbey for said church, both of the stall in the church of Dunblane, with visitations, procurations, synodals, etc. Non-payment of the duty to void the lease. Power to distrain for arrears. Sealed at our said Abbey 22 Feb. 1491 [-92]. Et ego Georgius Abbas predictus infra scripta approbo manu propria. Et ego Henricus de Strathtern, et ego Johes Binsston [?], et ego Wills. Camera, et ego Johes Nonthank, ego Alex. Myr, ego Thos. Lyndesay, et ego Johannes Symson, et ego Patricius Mason, et ego Thomas Robartson, et ego Andreas Ednem, et ego Jacobus Balmannoch. — Dupplin Charters, No. S3.1

2. Lease by Alexander, Commendator of Inchaffray and convent, to Robert Row, son and heir to the late John Row in

1 The clause relating to the ' ordinary costs' is repeated in all the subsequent leases; hut that of 1557 stipulates that the stall-silver shall he paid to the commendator and convent and their chamberlains, and to no other.

X.CV111

[NCHAFFRAY CHARTERS

Dunblane* and his assignees, (Margaret his spouse, struck out). Sir Denis Row, John of Row, and failing them to Thomas Row and .lames Row, of the fruits (teinds, etc.) of Kilbride for nineteen years from date of the deed. Entry to be at feast of the Invention of the Holy Cross called Beltane next. Rent £ 10 at usual terms, viz. Candlemas, and Nativ. of S. J. Bapt. called Midsummer. Robert to be true to us and our place, and fulfil all points of his Bond made thereupon.

Seal of the chapter appended at Inchaffray 18 July 1521.

Witnessed by Sir Maurice Johnston, chaplain, Sir David Dow, Fynlaw Smyth, and William Pollok. Signed by

Alex., Commendator of Inchaffray. et ego Antonius Hog. ego Robertus Fowllar.

et ego Vilelmus kelt. ego Johannes Maneris.

Archebaldus Jonstone. ego Johannes Gray. Johannes Dridene. ego Jacobus Gardnar.

Jobs. Neyll. ego Jacobus Rannauldson.

ego Johannes Fargo w.

— Dupplin Charters, No. 34,

3. Lease by Gauine, Archbishop of Glasgow, Commendator of Inchaffray and convent, to Margaret Sinclair, relict of Robert Row of Callentoyes and Robert Row their son and apparent heir, whom failing, to Margaret's assignees, viz. Elizabeth Cheisholme her daughter, of the church of Kelbride for nineteen years, to enter at Feast of Beltane, 1545. Rent £10. Granted at Inchaffray, 14 Jan. 1544[-45]. The grantees to pay all expenses of the stall in Dumblane Cathedral, etc.

Signed by

G., Comendatarius. Johannes Maneris, Supprior.

Jacobus Rannaldson. Johannes Rauff. Thomas Gardener. Vilelmus Kelt. Andreas Far mar. Robertus Kar. Jacobus Gardnar. Johannes Neyll. Maurius Henderson.

— Ibid,

APPENDIX TO INTRODUCTION

xcix

4. Lease (rent £10) to Robert Row of Callentois of the same for nineteen years from Beltane 1554, signed by Alex., commen- datarius, by the above Canons (John Maneris being styled prior), except John Neyll and Maurice Henderson, and also by Paul Cunyngham, William Melross, Alexander Wycht, William Ruthven, and Alexander Murray. Inchaffray, 12 April 1554. — Dupplin Charters, No. 34.

5. Lease to Robert Row in Dumblaine and Marion Edmon- stone his spouse and one heir, for their lives, of the same at £7 rent, dated at the Abbey, 8 April 1557. Signed by Alex., com- mendatarius, Thomas Gardenar, prior, Alexander Murray, Paul Cwnyngham, William Melross, James Ronaldson, Robert Kar, Andrew Farmer, William Ruthven, and George Spens. — Ibid.

6. Feu Charter to John Murray and Mareote Loutfute his spouse 8th part of lands of Williamstoun by Alexander, Arch- bishop of Athens, postulate of Sodor or the Isles, Commendator of Inchaffray. At Ins. Miss., 7 May 1555.

Alex. Comr. John Manoris, prior. George Spens. Thomas Gardenar, Supprior William Melross. James Gardnar. James Rannaldson. John Rauff. Andrew Farmer. Alex. Murray.

Alex. Wycht. —Ibid., No. 51.

7. Feu Charter to David, Lord Drummond, Lilias, Lady Drum- mond, and James Drummond their second son, of a chalder of oatmeal yearly out of the barony of Innermachanie. At the Monastery, 4 June 1564.

Alex., Commendatarius.1 William Ruthven. Thomas Gardenar, prior. William Melross. Robert Kar. Andrew Farmer.

James Rannaldson. John Rauff.

—Ibid., No. 47.

8. Memorandum of monks' portions given out off the Abacv of

The Commendator then Bishop of Galloway,

h

C

[NCHAFFRAY CHARTERS

[nchefJVay in the yere of God i .">7<), be francos houmej chalmer- laine rtt t hat tyme : —

Don Alex. Murray his portion of heir v bolls

„ meall CC bolls

Silver CCC lb. Den William Ruthven ,, „ beir vi bolls

„ ,, meall CC bolls

„ „ Silver CCilb viij8 iiijd

Den Paules Cuninganne and George

Spens their portions in Silver, lxxxlb viij8 iiij(l Den Patrick Murray his portione in here viij bolls.

„ meall CCviij bolls. „ Silver i CC lib.

Maill of Silver meall CCiij lib. iiij sh.

Maill of teind Silver viii lib. C sh.

Such victual meall and bear that at ane hundreth mark the chalder extends in money to vc Cviij mks.

Csh.

Sum iijfc viijlb Cviis 4d

Summa totulis vi* C lib. CCiij sh.

Endorsed to my loving spouse my Ladie Madertie these.

— Dupplin Charters, No. 44.

9. Grant of teinds in lieu of portion to Dene Patrick Murray. 3 Oct. 1558.

Signed by

Alex., Commendator. Thomas Gardenar, prior. Pawll Cunyngham. Alex. Murray. George Spens.

James Rannaldson. Robert Kar.

William Melross. — Ibid., No. 64.

In a lease of teinds to James Drummond, dated at InnerpefTry 20 Sept. l6l(X, it is stated that all the convent are dead. -

—Ibid., No. 34.

A lease of the teinds of Kinkell and others to Barbara Logie and her son John Gordon, dated 13 Jan. 1558[-59], is granted by the Commendator, the above seven canons, and John RaufF, Andrew Farmer, and William Ruthven. — Ibid.

CHARTERS

CHARTERS OF INCHAFFRAY

I

[Carta Symonis episcopi.1] c n9o.

Symon dei gratia Episcopus de Stratherne vniversis sui epis- copatus personis sacerdotibusf clericis et laicis Salutem et pater- nam benedictionem. Vniuersitatis vestre dilectio nouerit me concessisse et hac mea carta confirmasse huic Isaac et omnibus successoribus eius ecclesiam Sancti Johannis evangeliste de Incheffren cum omnibus pertinentijs nunc acquisitis vel impos- terum2 adquirendis. Preterea concedimus vt quisquis moriturus ibi sepulturam habere volueritj- dato jure propria?3 ecclesiae liceat. Quod si quis contra hanc nostre paginam constitu- tions se contentiose erexerit usque tercio correptus si non emendauerit excommunicationi subjaceat, Qui autem earn gratam habuerit, dei et nostram benedictionem habeat vigeat et valeat in spiritufs] sancti gratia. Testibus Malgirhe canonico, Sythakh kelede, Ricardo Capellano comitis, Gille- mure diacono.

II

De crofto de fowlis.4 c. hqS.

Gilbertus comes de stratheryn omnibus hominibus suis amicis clericis et laicis salutem Sciant tarn presentes quam futuri me dedisse et concessisse et hac carta mea confirmasse deo et sancto Johanni apostolo de insula missarum et fratribus ibidem deo seruientibus tria jugera terre propinquiora Juxta

1 From a copy on paper, apparently late sixteenth century, Dupplin Charter- chest, Bundle No. 157. Some passages which appear to be corrupt are obelized. 2 MS. impertuum. 3 MS. propria.

4 From the Register (see Liber Insule Missarum, No. 18).

A

T1IK CHARTERS OF

stagnum quod venit de predicta insula apud fowlis inperpetuam elemosinam libere et quiete sibi habenda ab omni penitus subiecdone et ab omni seruili consuetudine et seeulari seruicio Quare volo et precipio quatinus predictus sanctus et fratres in predicta insula deo ministrantes tria prenominata jugera adeo libere et quiete habeant et teneant sicut vlla elemosina in tota terra Scoeie liberius et quiecius habetur et tenetur hii sunt testes Simon Episeopus Dunblanensis Matildis comitissa de stratheryn Gilbertus filius comitis Gilberti Gillenenam dapifer comitis Ricardus capellanus comitis Johannes clericus comitis ;

III

c 1198 De Aberrotawin.1

Vniuersis sancte Matris ecclesie filiis. clericis et laicis. Gillebertus Comes de Strathern. Salutem. Sciant presentes et futuri me dedisse. et concessisse. et hac mea carta confir- masse. Deo et Ecclesie Sancti Iohannis apostoli et euangeliste de insula Missarum in fougles. et fratribus ibidem deo et sancto Iohanni seruientibus et seruituris. Ecclesiam sancti Cathani de Aberruadeuien diuine pietatis intuitu pro salute anime mee. et uxoris mee. et antecessorum meorum. cum omnibus decimis. et oblationibus. et omnimodis obuentioni- bus. cum terra per rectas diuisas suas quam pater meus ferthet. et Mater mea Ethen. dederunt eidem Ecclesie in dotem. et cum omnibus ad earn iuste pertinentibus. cum communi pastura. et omnibus aliis aisiamentis. in liberam. et puram. et perpetuam elemosinam. Quare uolo ut pre- dicta Ecclesia sancti Iohannis et fratres eiusdem loci eandem Ecclesiam de Aberruadeuien cum omnibus iustis pertinentiis suis ita libere. et quiete. plenarie. et honorifice. Ab omni seeulari seruitio et seruili actione. inperpetuum teneant et possideant i sicut aliqua Ecclesia liberius. et quietius. plenarius. et honorificentius. in regno scotie tenetur et pos- sidetur. Testibus hiis. Jonatha Episcopo de Strathern.

1 From the original, Dupplin, No. 11 8, Large seal in green wax, nearly entire. See facsimile,

THE ABBEY OF INCHAFFRAY

3

Johanne Archidiacono de Strathern. Malgirk de Mothel. Thoma decano. Malis fratre Comitis. Gillecrist filio Comitis. Gillenanem dapifero Comitis. Constantino Iudice. Gillecrist Gal. Dunecano filio Malisii. Maulde. Comitissa de Strathern. Abraham Capellano Comitis. Malmure Capellano Episcopi.

IV

De ecclesia de madirdin.1

Gilebertus comes de Strathern i Omnibus amicis et homin- ibus suis salutem • Sciatis me dedisse et concessisse et hac mea Carta confirmasse deo et ecclesie sancti Iohannis ewangeliste in Inche affren et eidem ecclesie seruientibus et seruituris i ecclesiam de Madernin cum omnibus Iustis pertinentijs suis in puram et perpetuam elemosinam pro anime mee salute et vxoris mee et pro animabus antecessorum meorum et salute liberorum meorum. Tenendam ita libere quiete plenarie et honorifice i sicut aliqua ecclesia in toto regno scottorum 2 • ab aliquibus religiosis liberius quietius plenarius tenetur et honorificentius. Hijs Testibus. Malisio fratre meo • Mathilde comitissa • Willelmo et ferthed et Roberto filijs meis • Gille- nem dapifero meo 3 et Malisio filio eius • Gileberto milite Abraham capellano • Briccio persona de cref • Constantino Iudice • Anechul theino meo ;

V

De canis comitis.4

Gilebertus comes de Strathern i Omnibus amicis et homini- bus suis presentibus et futuris i Salutem • Sciatis me dedisse et concessisse et hac mea Carta confirmasse • Deo et ecclesie Sancti Iohannis ewangeliste in Inche afren et eiusdem ecclesie Seruitoribus i decimam canorum meorum In frumento • farina • brasio et caseo • et alijs rebus quas pro Cano accipio i que ad

1 From the original, Dupplin, No. 131 ( = Lib. Ins. Mis. No. 68). Large seal in green wax, edges chipped away.

2 Reg. scotie. 3 Reg. nostro.

4 From the original, Dupplin, No. 13. Large seal in green wax, nearly perfect.

4

THE CHARTERS OF

cibaria pertinents et decimam omnium piscium qui in curia mea expenduntur i tenendam sibi a me et heredibus meis in puram et perpetuam elemosinam • plenarie et Integre pro salute anime nice et vxoris mee • et antecessorum meorum et liberorum meorum. his Testibus Malisio fratre meo • Willelmo filio meo • fertheth filio meo • Roberto persona de fovles Briccio persona de cref • Gillecristo gall • Constantino Iudice • Dunecano filio Malis • Henrico Rennario Malis dapifero • Constantino Pincerna • Abraham capellano meo • Roberto dispensario.

VI

De ecclesia de aberrotheuen.1

• W. dei gracia Rex Scottorum • Omnibus probis Hominibus tocius terre sue Clericis et laicis Salutem • Sciant presentes et futuri me concessisse et Hac Carta mea confirmasse deo et ecclesie sancti Iohannis apostoli et ewangeliste de Inche affrenne in fovles • et fratribus ibidem deo seruientibus Ecclesiam Sancti Cathani de Aberrotheven in Stardherne • quam Comes Gilebertus eidem loco dedit. Tenendam in liberam puram et perpetuam elemosynam • cum omnibus libertatibus ad eandem ecclesiam iuste pertinentibus • adeo libere et quiete • plenarie et honorifice • sicut Carta predicti Comitis Gileberti testatur • Testibus • Rccardo [sic] de prebenda clerico meo • Comite Dunecano Iusticiario • Henrico Comite atholie • Roberto de londoniis • Malisio filio ferthet • Mal- colmo filio comitis Dunecani Iohanne de Hastinge • Adam de Syreis • Henrico de graham • Henrico revel • apud Scone • v • die Septembris.

VII

Carta Johannis episcopi primi de abthan.2

Johannes Dei gratia Episcopus Dunkeldensis Uniuersis Sancte Matris Ecclesie filijs ad quos littere iste peruenerint

1 From the original, Dupplin, No. 23. A large fragment of the Great Seal, in white wax, remains. See facsimile.

2 Reg. (see Lib. Ins. Mis. No. 76); Antiquaries' MS., pp. 109 and 292. Dr. John Stuart had seen the originals of this and of Nos. xxiii. and L.; the editors have used the collations made on the margin of his copy of Lib. Ins, Mis. The rubric is taken from the Register,

THE ABBEY OF INCH AFFRAY 5

salutem Sciant omnes presentes et futuri nos dedisse con- cessisse et hac carta nostra confirmasse deo et ecclesie sancti Johannis de Inche affran et fratribus ibidem deo seruienti- bus et seruituris terram nostram in Madernin que terra uocatur Abthen per suas rectas diuisas cum omnibus justis1 pertinenciis suis ad peticionem comitis G • de Strathern et fratris ejus M • in redempcione2 anime nostre et antecessorum nostrorum et predicti comitis G • et suorum Tenendam pre- dictis fratribus et eorum successoribus in liberam et perpetuam elemosinam reddendo nobis et successoribus nostris annuatim unam marcam argenti scilicet dimidium ad pentecosten et dimidium ad festum sancti Martini Volumus Itaque et precipimus ut idem 3 fratres predicti et eorum successores 4 predictam terram teneant et possideant de nobis et successoribus nostris ita libere quiete plenarie et honorifice ab omni exaccione et consuetudine et servicio seculari ad nos perfcinente in bosco et piano in pratis et pascuis in aquis et molendinis et in omnibus alijs aisiamentis ad eandem terram pertinentibus sicut aliqua terra in episco- patu nostro liberius plenius et honorificencius tenetur et possidetur salua duntaxat predicta pencione Testibus his • Johanne Archidiacono de Strathern 5 G Comite de Strathern et fratre ejus M • Reginaldo et fratre ejus Stephano Capellanis nostris Roberto et Petro capellanis de Tubermore6 Bernardo et Ricardo Capellanis de Kergill 7 Magistro • H • et W • de lockestre 8 clericis nostris Waltero 9 pincerna Roberto et simone nepotibus nostris Petro de camera Roberto ferrone Galfrido ostiario Radulfo geruny10 hamone coco Josep et alijs multis.

VIII

[Protectio et Confirmatio Innocentii in. Pape.11] ^

INNOCENTIUS episcopus seruus seruorum dei • Dilectis filiis • J • heremite et fratribus sancti Johannis de Stradhern i

1 MS. c.ertis. 2 MS. redemptionem. 2 Reg. eidem.

4 MS. successorum. 5 MS. Stradhern. 6 Reg. Tybirmore.

7 Reg. Cargil. 8 MS. Lockesi. !l Reg. Valant. ,0 MS. Berrny.

11 From the original, Dupplin Bull, No. I. The Bulla remains attached by a cord of red and yellow silk. Indorsed 'J. heremite." See facsimile.

6

THE CIIAKTKKS OF

salutem et apostolieam benedictionem. Cum a i>obis pctitur quod iustum est ct honestum tarn uigor equitatis quam ordo exigit rationis • ut id per sollicitudinem officij nostrj ad debitum perducatur effect urn • Eapropter dilectj in domino filij uestris iustis precibus inclinatj • personas uestras cum omnibus bonis tarn ecclesiasticis quam mundanis que impre- sentiarum rationabiliter possidetis aut in futurum iustis modis prestante domino poteritis adipisci sub beatj petrj et nostra protectione suscipimus • Specialiter autem possessiones quas • G- Comes de Straden domuj uestre in helemosinam assignauit sicut eas iuste et pacifice possidetis auctoritate uobis apostolica confirmamus et presentis script] patrocinio communimus • Nulli ergo omnino hominum liceat hanc paginam nostre pro- tectionis et confirmationis infringere uel ej ausu temerario contraire • Siquis autem hoc attemptare presumpserit indig- nationem omnipotentis dej et beatorum Petrj et Pauli aposto- lorum eius se nouerit incursurum • Datum Laterani ij Nonas Decembris Pontificatus nostrj Anno Tertio.

IX

[Magna carta Gilberti comitis super fundatione Monasterii.1]

^ In nomine domini nostri ihesu cristi qui coequalis et coeternus est deo patri et spiritui sancto i Ego Gilbertus filius ferthead. dei indulgentia Comes de Stradern i et Ego Matildis filia Willelmi de aubengni comitissa i inspirante gratia diuina. volentes in feodo nostro et patrimonio ecclesiam dei exaltare • et ad dei cultum sancte religionis ibidem plan- taria inserere i assentientibus deuotioni nostre Uenerabilibus episcopis nostris Iohanne dunkeldensi et lonatha dunblain- ensi • liberisque nostris • militibus et theinis concedentibus i damus • Concedimus ■ et tradimus Inche AfFren • quod latine dicitur Insulam [sic] Missarum i Domino nostro ihesu cristo et

1 From the original, Dupplin, No. io6( = Lib. Ins. Mis. No. i). Large seal in green wax, of which about half remains, suspended by cords of red and yellow silk. Some words at the ends of lines are barely legible. See facsimile. The Register is also illegible in places, having been touched with gall. The original indorsement is ' De decimis canorum et Redituum.5

THE ABBEY OF INCHAFFRAY

7

beate MARIE genitrici eius. Sanctoque Iohanni Apostolo i liberam • solutam • et quietam ab omni exactione seruitio ■ consuetudine et subiectione seculari • ea voluntate et inten- tione • qua aliquis locus in toto regno scottorum liberius solutius quietius et honorificentius diuino cultui et sancte religioni deputatur • Eamque cum omnibus possessionibus quas hactenus ei per nos siue per alios fideles diuina largitas contulit uel amodo collatura est • Custodie et dispensationi Domni Malisij presbiteri et heremite committimus. de ipsius discretione et religione plurimum confidentes. Unde uolumus. ut idem Malisius libera utatur facultate quoscumque uoluerit secum aggregandi • et eos secundum regulam sancti augustini • eo quern potius statuerit modo ad dei seruitium informandi • Post decessum uero illius ex parte dei prohibemus • ne aliquis omnino per cupiditatem congregationi illius loci se preponat1 • nisi quern fratrum concors electio per assensum nostrum sibi preposuerit. Nec aliquis siue episcopus sit siue heres noster presumat inibi aliquem contra meram fratrum uoluntatem intrudere • Locum enim eundem ita dilectum habemus i quod in eo nobis et successoribus nostris sepulturam elegimus • et iam primogenitum nostrum ibidem sepeliuimus • Deo igitur et sancte MARIE perpetue 2 uirgini et sancto Iohanni apostolo eiusdem procuratori • et prefato Malisio • et omnibus in predicta Insula deo seruientibus et seruituris i Ecclesias et possessiones subscriptas i Damus • 3 Concedimus • et presentis scripti munimine • per impressionem sigilli nostri confirmamus • Ecclesiam Sancti kattani de Aberruotheuen • Ecclesiam Sancti Ethernani de Madernin • Ecclesiam Sancti Patricii de Struf- keath • Ecclesiam Sancti Mechesseoc de Eohterardeuar. Eccle- siam sancti Beani de kinkelle • Decimam omnium Canorum nostrorum et Reddituum nostrorum In frumento. farina, brasio. grano. Caseis. et omnibus cibariis que annuatim expenduntur in curia nostra • et decimam totius piscis qui ad Coquinam nostram defertur • et decimam uenationis nostre • et decimam omnium lucrorum que proueniunt de placitis nostris et ceteris obuentionibus omnimodis • Licentiam quoque piscandi in Pefferin ubicumque uoluerint • et capiendi in nemoribus

1 Reg. propouat.

3 Reg. semper.

3 Reg. inserts </.

s

THE CHARTERS OF

nostris ubi 1 sibi magis oportunum fuerit i materiem ad edificationem domorum suarum ct utensilium • et ad pastum ignis. Et ties acras tcrre illins que proxima est insule uersus aquilonem • quas dedimus ad dedicationem capelle ipsius. I Ice igitur omnia • cum omnibus ad ea pertinentibus i uolumus ut prefatus Malisius et uniuersi cum eo uel post eum in prefata insula deo seruientes et seruituri i in pace dei • et domini Regis et nostra teneant et possideant de nobis et heredibus nostris in puram et perpetuam elemosinam. pro salute nostra et liberorum nostrorum et omnium amicorum nostrorum. et pro animabus omnium antecessorum nostrorum et precipue pro anima Gillecrist primogeniti nostri ibidem quiescentis • ita libere. quiete • plenarie et honorifice i sicut aliqua domus religionis in toto Regno scottorum • suas posses- sions • liberius. quietius • plenarius. et honorificentius tenet et possidet. Omnibus uero nostris ex parte dei et nostra firmiter prohibemus i ne quisquam eorum eidem loco uel eius ministris siue etiam pro pace querenda ad eum confugientibus aliquid molestie uel iniurie inferat • super nostram plenariam forisfacturam. Quicumque uero amicorum uel fidelium homi- num nostrorum eidem loco aliqua de suis facultatibus caritatiue contulerit:1 conferat ei dominus bona in terra uiuentium. facta est hec confirmatio anno ab incarnatione domini • M° • cc° • Indictione iij. Anno Regni Regis Willelmi. xxxv0. Ab obitu prenominati filij nostri Gillecrist anno secundo ; Obijt autem • iij°. nonas octobris; Huius autem donationis et confirmationis sunt testes i hij • Rogerius episcopus sancti andree • Iohannes episcopus Dunkeldensis • Ionathas episcopus Dunblainensis • Henricus abbas de Aberbrothok • Reimbaldus abbas de Scon • Robertus abbas de Dunfermlin • Robertus de Quinci • Seierus de Quinci • Malisius frater comitis • Willelmus • ferthead • et 2 Robertus filij comitis. Gillenief3 dapifer. Malisius filius eius • Constantinus Iudex - Dunecanus filius Malisij • Anecol • theinus de Dunin. Gillecrist gall • Nigellus de Dolpatric • Tristrannus • Constantinus pincerna. Henricus Rennarius.

Reg. ubicumque.

2 Reg. omits et.

Reg. Gillenies.

THE ABBEY OF INCHAFFRAY 9

X

Jonathe episcopi de decimis comitis.1 e.

Jonathas dei gratia episcopus de Stradern • vniuersis Sancte Matris Ecclesie filijs • tarn presentibus quam futuris • salutem omnimodam i Incolumitatem continuam i benedictionem per- petuam ; Episcopalis officij esse dinoscitur. ad pietatis opera, fidelium mentes informare • Informatas approbare i appro- batas i solidissime confirmare i ne in summi pastoris presentia ex remisse operationis desidia quod absit arguamur • sed ex bone actionis merito confidentes • earn uocem gratulationis expectemus. quam dominus in ewangelio protulit dicens. Euge seme bone et fidelis • quia super pauca fuisti fidelis i supra multa te constituam. Huius igitur saluberrime promissionis memores • deuotionera carissimi filij nostri Gilberti comitis de Stradern et Matildis eiusdem comitisse quam in eorum menti- bus diuina infudit gratia de fundando in Insula missarum i religiosorum cenobio carius amplectentes i ad eorum pia opera tota mentis alacritate congaudemus • et ut pie inchoata plenius exequantur:1 hortamur. et ut sue saluti sedulo affectu insistant i pro nostre amministrationis officio diligenter in- stigamus ; Preterea • possessiones • beneHcia • inmunitates • que- cumque bona siue in ecclesijs siue in decimis uel in predijs aut in obuentionibus per ipsos siue per alios fideles diuina largitas eidem loco et suis habitatoribus in dei seruitio commorantibus- in presentiarum iuste contulit • uel in futurum collatura est i confirmamus • et presentis scripti testimonio communimus • Statuentes in primis ut idem locus qui uocatur lingua scottica Inche affren ad exercitium sancte religionis in perpetuum deputetur i que secundum sancti augustini regulam inuiola- biliter obseruetur • Sit que locus omnibus ad eum confugien-

1 From the original, Dupplin, No. 130. Seal lost ; tag remains. See facsimile. On the back is the following memorandum : —

' Item ex dono eiusdem Gileberti Comitis ecclesiam de Madernin cum perti- nentiis suis. Et molendinum super pefrin in Balemacgillon. Ex dono Orable Matris Seer de Quinci. viii. acras terre in territorio de Gasg. ' Sec the Bull of Innocent III., No. 21, infra.

10

THE (II AKTEKS OF

tibus . pacis ct quictis • ita ut null] liceat eum intrare causa perturbandi • ucl inquietandi ■ nisi sola causa orandi ue] salutem corporis aut aninic expetendi. Possessiones autem in nostra diocesi prefato loco assignatas i proprijs hie duximus annotarc nominibus. Ecclesiam sancti kattani dc Aberruotheuen • Ecclesiam sancti Patricii de Strufkead • Ecclesiam Sancti Mechessoch dc Eohterardeuar • Ecclesiam Sancti Beani de kinkelle • Decimam omnium Canorum et Reddituum prefati comitis In frumento • farina • brasio • grano • caseis et omni- bus cibarijs que annuatim expenduntur in curia sua • et decimam tocius piscis qui ad coquimam suam defertur. et decimam uenationis sue et decimam omnium lucrorum que proueniunt de placitis suis et ceteris obuentionibus omni- modis • sicut carta comitis exinde facta testatur. Adicimus uero ut sepultura predicti loci libera sit • ut eorum uoluntati qui se ibi sepeliri uoluerint i nullus obsistat • Salua rectitudine ecclesiarum de quibus corpora mortuorum assumuntur • nec aliquis regimini ipsius preponatur loci i nisi qui communi consensu fratrum et per assensum comitis et heredum suorum i electus fuerit • Prohibemus insuper ut nullus omnino presumat possessiones uel beneficia prefato loco et suis inhabitatoribus assignata i diminuere • auferre • vel retinere. Salua in omnibus canonica nostri et successomm nostrorum iusticia • Siquis autem instinctu diabolico scienter contra hanc nostre institutionis paginam uenerit i tercio commonitus • si non congrue satis- fecerit i reum se diuino examini cognoscat • et alienus a com- munione fidelium fiat • Et omnibus eidem loco sua iura seruan- tibus Sit pax et gratia et benedictio domini nostri ihesu cristi. ut et in hac uita de bona actione fructum percipiant. et in futura i premia eterne remunerationis inueniant ; AMen ; Huius uero confirmationis et constitutionis nostre istos testes inscripsimus. Johannem archidiaconum nostrum. Michaelem personam de muothle • Mauricium capellanum nostrum • Abraham capellanum comitis. Matheum personam de Dunin • Martinum personam de Muithauard • Malisium personam de Struuin ;

THE ABBEY OF INCHAFFRAY 11

XI

Carta Gilberti comitis de terris canomcorum. c. 1200.

Gillebertus Comes de Stratheren. Omnibus Amicis et Hominibus suis. clericis et laicis^ Salutem. Sciant presentes et futuri. me Pietatis intuitu, et pro salute anime mee. et Matilde Comitisse de Stratheren. uxoris mee.2 et Patris mei. et Matris mee. et Heredum meorum. dedisse. et Concessisse. et Hac Carta mea confirmasse. Deo et Ecclesie sancti Iohannis apostoli et Euuangeliste de Inche affren. et Canonicis ibidem deo seruientibus et seruituris totam terram de Arde eweni per rectas diuisas suas. et cum omnibus Iustis pertinentiis suis. Et totam terram de Achadlongsih.3 per rectas Diuisas suas. et cum omnibus Iustis pertinentiis suis. Et totam terram de Dufinder. per rectas diuisas suas. et cum omnibus iustis perti- nentiis suis. Et totam terram illam de Madernin. que antiquitus Abbacia uocabatur. per Rectas Diuisas suas. et cum omnibus iustis pertinentiis suis. Tenendas in liberam et puram. et perpetuam elemosinam. in bosco. et Piano, in terris et aquis. in pratis et pascuis. in Moris et Marresiis. in Peteriis et viuariis. In Stagnis et Molendinis. et omnibus aliis Iustis pertinentiis suis. et cum omnibus aliis aisiamentis t ad predictas terras iuste pertinentibus. libere. et Quiete. Plenarie et Hon- orifice. ab omni auxilio et seruicio. consuetudine. et seculari exactione. Quare uolo ut predicti Canonici 4 predictas terras per rectas diuisas suas et cum omnibus iustis pertinentiis suis. Ita libere et Quiete. Plenarie et Honorifice in liberam et Quietam. et Puram et Perpetuam Elemosinam. Habeant et Possideant. sicut aliqua elemosina in regno scotie. de aliquo Comite. liberius et Quietius. Plenius et Honorifieentius. tenetur et Possidetur. Hiis Testibus. Ionatha Episcopo dunblanensi. • M • Comitissa de Stratherr. Malisio fratre Comitis. ferthet

1 From the original, Dupplin, No. \o{-Lib. Ins. Mis., No. 13). Indorsed 'de terris nostris,' having no doubt been the top charter of a bundle. The above title is taken from the Register. Large seal in green wax, attached by silken cords, entire.

"J Reg. omits mee. * Reg. AchloHA i.

4 Some words here erased in the original.

L8

THE CHARTERS OF

filio Comitis. Matilda filia Comitis. lohanne Archidiacono. Abraham Capellano Comitis. Gillenanof dapifero Comitis. Malis filio suo. Gilleberto socio. Comitis. Constantino Iudice. Gillebrech. Anecol de Dunin. Dunecano filio Malihs.

XII

Carta secunda de Ardeuny • Achlonx • Duffindre.1

Gilbertus comes de stratherenn omnibus amicis et hominibus suis clericis et laicis i Salutem. Sciant presentes et futuri me pietatis intuitu, et pro salute anime mee. et Matilde comitisse de stratheren. uxoris mee. et patris mei. et Matris mee. et heredum meorum dedisse. et concessise. et hac carta mea confirmasse. Deo et ecclesie sancti iohannis apostoli et euuangeliste. de inse aff- renn. et canonicis ibidem deo seruientibus. et seruituris. totam terrain de Arddeugani per rectas diuisas suas. et cum omnibus iustis pertinentiis suis. et totam terrain de Achadlongseg.2 per rectas diuisas suas. et cum omnibus iustis pertinentiis suis. et totam terrain de Dubinder. per rectas diuisas suas. et cum omni- bus iustis pertinentiis suis. et totam terrain illam de Madranin 3 que antiquitus Abbacia uocabatur. per rectas diuisas suas. et cum omnibus iustis pertinentiis suis. tenendas in liberam. et puram. et perpetuam. elemosinam. in bosco et piano, in terris et aquis. in pratis et pascuis. in moris et marresiis. in peteriis et uiuariis. in stagnis et molendinis. et omnibus aliis iustis per- tinentiis suis. et cum omnibus aliis asiamentis ad predictas terras iuste pertinentibus. libere et quiete. plenarie et honorifice. ab omni auxilio. 'et seruitio. et consuetudine. et seculari exactione. Quare uolo ut predicti canonici predictas terras per rectas diuisas suas. et cum omnibus iustis perti- nentiis suis. Ita libere. et quiete • plenarie et honorifice. in liberam et quietam. et puram et perpetuam elemosinam habeant et possideant. sicut aliqua elemosina in regno scotie. de aliquo comite. liberius. et quietius.plenius. et honorificentius. tenetur. et possidetur. Hiis testibus. Ionatha episcopo dun-

1 From the original, Dupplin, No. 149 { — Lib. Ins. Mis. No. 24). Seal lost ; it was attached by a tubular band of green silk braid, into which a lozenge pattern is worked in silver thread. See facsimile.

2 Reg. Achinlonxich. 'A Reg. que Machranin.

THE ABBEY OF INCHAFFRAY

13

blanensi. M. Comitissa de stratherent. Malisio fratre comitis. ferthed filio comitis. Matilda filia comitis. Iohanne archi- diacono. Abraham capellano comitis. Gillenanemh dapifero comitis. Malisio filio suo. Gilleberto sotio comitis. Con- stantino iudice. Gillebrec. Anachol de dunene. Duncano filio Maliso.1

XIII

De ecclesia de Aberrotheuin.2 e.

Gillebertus comes de strathern omnibus hoc scriptum uisuris uel audituris Salutem • Sciant tarn presentes quam futuri me dedisse et concessisse et hac carta mea confirmasse deo et beate Marie et beato Iohanni Apostolo de Inche- affren • et Canonicis eiusdem loci eorumque successoribus pro dei amore et salute anime mee et uxoris mee. et antecessorum et heredum meorum eclesiam sancti kathani de aberrotheuin cum omnibus iustis pertinentiis suis. In decimis et oblationi- bus et obventionibus omnimodis cum terra per rectas diuisas suas quam pater meus fferthet et mater mea • Ethen • dederunt eidem eclesie in dotem • et cum com muni pastura ceterisque aisiamentis ad eandem eclesiam pertinentibus in puram et perpetuam elemosinam ad habendum et tenendum et possidendum de me et heredibus meis in perpetuum • ita libere et quiete plenarie ■ et honorifice • sicut aliqua eclesia in toto regno scocie • liberius • quietius. plenarius • et honorificentius • habetur • tenetur • et possidetur • Hiis. testibus. Ionatha episcopo Dunblanensi • Iohanne archidiacono de stratheren • Malgirk de Mothel • Thoma decano • Malisio ffratre meo • Maltilde comitissa uxore mea • Abraham capellano • Constantino Iudice • Gillecrist Gal • et multis aliis.

XIV

Alia carta de eadem ecclesia [de Maddirnyn].3 c.

Gilbertus comes de stratheryn omnibus hoc scriptum visuris vel audituris salutem Sciant tarn presentes quam futuri me

1 Reg. Malisij.

2 From the original, Dupplin, No. 2. Large seal in green wax, with small counter-seal, entire. :? Reg. (see Lib, Ins. Mis. No. 69).

14

THK (MIAKTKHS OF

dedisse et coucessisse et hac carta mea confirmasse deo et sancte Marie et sancto Johanni apostplo de InchafFray et canonicis eiusdem loci eorum que successoribus pro dei amore et pro salute anime mee et vxoris mee