little doubt that the revenues were equal to the new conditions. As the church would not become pensionary to Citeaux till the incumbent's cession or death, it may be assumed that the arrangement was advantageous to all the parties, but especially to the Cistercian Order. The following is the text of the agreement: TEXT. CYROGRAPHVM (upside down: top cut). Anno ab incarnatione Domini M° CC° xx facta est hec conuentio inter dominum Alexandrum, abbatem de Cupro, et eiusdem loci conuentum, ex una parte, et dominum Robertum de Haya, ex alia, scilicet, quod dictus Robertus de Haya dedit ad firmam dicto abbati et monasterio de Cupro ecclesiam suam de Erolin cum omnibus pertinentiis suis. Tenendam omnibus diebus uite sue. Reddendo ei inde annuatim quadraginta marcas argenti, scilicet, viginti marcas ad festum Sancti Martini et viginti marcas ad Pentecosten. Sciendum uero est quod dicti monachi dederunt premanibus dicto Roberto firmam quatuor annorum, annorum, scilicet, anni Domini millessimi cc' vicesimi primi et vicesimi secundi et vicesimi tercii et vicesimi quarti. Ita quod predicti monachi soluere incipient firmam dicto Roberto, anno м° cc° xxv° ad festum Sancti Martini. Preterea prefati monachi honestum prouidebunt capellanum qui honeste deseruiat prefate ecclesie de Erolin et episcopo respondebunt de episcopalibus et ceteris eidem de jure pertinentibus. Hanc autem conuentionem bona fide et sine dolo tenendam dictus abbas de Cupro pro se et conuentu suo coram domino Willelmo episcopo Sancti Andree firmiter promisit, et dictus Robertus de Haya pro se affidauit. Vt autem hec conuentio rata et stabilis permaneat dominus Willelmus episcopus Sancti Andree et magister Laurencius TRANSLATION. Chirograph. In the year from the Incarnation of the Lord, 1220, this agreement was made between the lord Alexander, abbot of Cupre, and the convent of the same place, of the one part, and 'sir' Robert of Hay, of the other, to wit, that the said Robert of Hay gave at farm to the said abbot and monastery of Cupre his church of Erolin with all its belongings, to hold all the days of his life. By rendering thence to him yearly forty marks of silver, to wit, twenty marks at the feast of St. Martin and twenty marks at Whitsuntide. But be it known that the said monks gave beforehand to the said Robert the 'farm' of four years, to wit, of the year of the Lord, 1221, and 1222, and 1223, and 1224: so that the aforesaid monks shall begin to pay the 'farm' to the said Robert in the year 1225 at the feast of St. Martin. Besides the aforesaid monks shall provide a suitable chaplain who will adequately serve the aforesaid church of Erolin and answer the Bishop for episcopal dues and for other things of right belonging to the same. But that this agreement may continue in good faith and without fraud the said abbot of Cupre, for himself and his convent, gave firm assurance in the presence of the lord William, Bishop of St. Andrews, and the said Robert of Hay gave pledge for himself. Moreover, that this agreement may abide sure and steadfast, the lord William, Bishop of St. Andrews, and master Laurence, Archdeacon of archidiaconus Sancti Andree sigilla sua huic cyrographo cum sigillis pertium apposuerunt. Hiis testibus Roberto de Sancto Germano, magistro Thoma de Tynemuh, magistro Ricardo de Doure, magistro Petro de Driburc, domino Petro et domino Simone capellanis, Johanne de Haya, Hugone de Nidin, Simone de Nusi, Willelmo de Nidin, Mauricio de Kindeloch, Gibun de Haya, Ricardo camerario, Ricardo de Lidel, Ricardo de Tuyford, et multis aliis.1 St. Andrews, have set their seals, with the seals of the parties, to this chirograph. These are the witnesses, Robert of St. Germans, master Thomas of Tynemouth,__master Richard of Dovre, master Peter of Driburgh, 'sir' Peter and 'sir' Simon chaplains, John of Hay, Hugh of Nidin, Simon of Nusi, William of Nidin, Maurice of Kinloss, Gibun of Hay, Richard chamberlain, Richard of Lidel, Richard of Tuyford, and many others. The lease of the revenues of the church to the monks of Cupar seems to have remained in force till the death of Robert of Hay in 1246. When this event took place, the Cistercians failed to agree on what were the exact terms of the royal grant. Two documents from the Earl of Moray's collection show how the dispute was settled. We may reverse the order, as catalogued in the Earl's depository, with the view of explaining more fully the successive stages in the settlement. The mandate of the Bishop of Dunkeld to the English commissioners, appointed to adjudicate, is of exceptional interest. TEXT. Viris venerabilibus et discretis de Ryeualle, de Fontanis, de Bello loco Regis in Anglia abbatibus, in causa que uertitur inter abbatem et conuentum Cistercienses, ex una parte, et abbatem et conuentum de Cupro, ex altera, iudicibus constitutis, G[alfredus], miseracione diuina ecclesie Dunkeldensis minister humilis, salutem et sincere deuotionis affectum. Quoniam equi ponderis esse uidetur scienter et prudenter uel falsum proferre uel ueritatem reticere, super collacione ecclesie de Erolyn domui de Cupro per dominum A[lexandrum], Dei gracia, illustrem regem TRANSLATION. To the venerable and distinguished men, the abbots of Rievaulx, of Fountains [and] of Beaulieu Regis in England, appointed judges in a suit which is moved between the abbot and convent of Citeaux, of the one part, and the abbot and convent of Cupar, of the other, Geoffrey, by divine pity the lowly minister of the church of Dunkeld, greeting and the sentiment of true respect. Since it seems all one to tell what is false or to conceal what is true, knowingly and advisedly, touching the bestowal of the church of Erolyn made to the house of Cupar by the lord A[lex 1 Cupar Charters, div. 5, bundle 2, no. 58. a slit for a third. Endorsed: 'Conuentio (?) later) 'Conuentio inter abbatem de Cupro et Erolin.' Seals lost, but two tags remain and Scocie, facta, que presentes uidimus et audiuimus vobis dignum duximus intimanda. Cum bone memorie Alexander, quondam abbas de Cupro, uir sapiens et discretus, frequenter circa negotia domini regis expedienda tam apud curiam Romanam quam alibi laborauerat, idem dominus Rex, labores eius et sumptus uolens in aliquo remunerare, predictam ecclesiam de Erolyn, annuente venerabili patre Willelmo, tunc temporis episcopo Sancti Andree ob specialem amorem erga domum de Cupro conceptum, licet in eadem ecclesia ius patronatus certis et rationabilibus ex causis sibi uendicaret, regali munificencia contulit domui de Cupro, saluis tamen domui Cisterciensi xxti libris per abbatem de Cupro annuatim persoluendis, sicut per instrumenta tam dicti regis quam episcopi uobis plenius poterit constare. Et quoniam super premissis tam nobis qui tunc temporis de consilio domini regis fuimus quam aliis tam clericis quam laicis iuris prudentibus et fide dignis nichil dubietatis relinquitur, vobis supplicamus quatinus Deum pre oculis habentes et honori et fame ordinis uestri consulentes, contra tenorem tot et tantorum munimen torum que de dicta ecclesia dicti monachi de Cupro possident ad tuitionem cause sue satis sufficientium uenire uel secus quam ordinatum est a tam discreto uiro et prudenti, qualis extitit predictus Willelmus], episcopus Sancti Andree, aliquid ordinare non presumatis. Quod si forte, quod absit, feceritis, nimis euidens materia nobis dabitur de ordine uestro obloquendi, qui quondam prerogatiua religionis precellere uidebatur, cum causam istam, si pace uestra dici fas sit, cupiditas prosequi uideatur non iusticia, que personas non respiciens unicuique reddit quod suum est: maxime cum ander], by the grace of God, the illustrious King of Scotland, we have thought it right to make known to you what we personally saw and heard. Forasmuch as Alexander, of pious memory, the late abbot of Cupre, a wise and distinguished man, had often laboured to further our lord the King's business as well at the Court of Rome as elsewhere, the same lord the King, wishing to recompense in some way his labours and costs, bestowed by his royal bounty on the house of Cupre the aforesaid church of Erolyn, with the consent of the venerable father, William, then Bishop of St. Andrews, because of the special affection he entertained for the house of Cupre, though he might claim for himself, for good and sound reasons, the right of patronage in the same church: saving, nevertheless, twenty pounds to be paid yearly by the abbot of Cupre to the house of Citeaux, as will be more fully proved to you by documents of the said King as well as of the Bishop. And since, touching the premises, no doubt remains to us who were then of the lord the King's council as to others, clerical as well as lay, skilled in law and worthy of trust, we entreat you that, having God before your eyes and mindful of the honour and reputation of your Order, ye do not attempt to go against the purport of so many and so important evidences, more than abundant for the vindication of their suit, which the said monks of Cupre possess for the said church nor to determine anything otherwise than has been determined by a man so distinguished and skilful as was the aforesaid William, Bishop of St. Andrews. If perchance ye do anything, which God forbid! a very clear occasion will be given to us to speak evil of your Order which Cistercienses in dicta ecclesia de Erolyn, exceptis predictis xxti libris nullum ius de iure sibi debeant uel possint uendicare. Dominus autem episcopus Sancti Andree, ad quem de iure spectare deberet eiusdem ecclesie collacio si nostris adherere uoluerit consiliis, ius suum penitus prosequetur, si ordinatio predecessoris sui in aliquo commutetur. Litteras autem has testimoniales tradidimus domino abbati et conuentui de Cupro sigillo nostro singnatas (sic), ut si aliquando de eiusdem ecclesie collacione orta fuerit contencio, per has patentes rei ueritas innotescat. Reddite literas. Valete.1 formerly seemed to excel in religious pre-eminence, since that suit, if it can be said without offence to you, greed seems to carry on, not justice, which without respect of persons renders to each what is his own: especially since the monks of Citeaux have not of right nor can they claim any right in the said church of Erolyn, except the aforesaid twenty pounds. But the lord Bishop of St. Andrews, to whom of right the collation of the same church ought to belong if he will give heed to our advice, will press his right to the uttermost if the ordination of his predecessor be in any way changed. This letter testimonial, however, we have delivered to the lord abbot and convent of Cupre sealed with our seal, so that if at any time a dispute should arise, touching the collation of the same church, the truth should become known by these patents. Return the letter. Farewell. It is not quite clear on what authority the Bishop of Dunkeld intervened, as Airlie appears to have been in the diocese of St. Andrews, but the tone of the writing, prejudging the cause, seems unjustifiable. His evidence would be of course valuable to the adjudicators, the English abbots of Rievaulx, Fountains, and Beaulieu in Hampshire, seeing that he had been one of the King's council who was present in 1219 when the grant of the church was made to the monks of Cupar: and, if we accept his statement, that he was acquainted with other evidences, not now forthcoming, necessary for the legal appropriation of the revenues, the letter also confirms the suggestion already made that King Alexander was under some obligation to the abbot of Cupar to account for the grant at this particular date. Bishop Geoffrey explains the cause of the royal favour when he states that Abbot Alexander was frequently_employed in advancing the King's interests at the Court of Rome and elsewhere. 1 Cupar Charters. div. v. no. 52. Fragment of seal. Endorsed: 'Memorandum quod nullum jus habet abbas Cisterciensis in ecclesia de Erolyn nisi tantum xx librarum annuatim.' The procedure in the grant of a parish church to a religious house is sufficiently well known. The Bishop of the diocese, in which the church was situated, had the determining voice in the terms of the appropriation, no matter who was the grantor, king, or subject. It was his duty to see that the parishioners did not suffer by the transaction. When a church was bestowed by the patron on cloistered monks like the Cistercians, it was a common practice for the Bishop to reserve to himself and his successors the ius patronatus or right of presentation to the benefice, and to set out the amount and sources of the stipend that the appropriators were obliged to pay to the incumbent. This transaction was known as the ordination or taxation of the vicarage. The rest of the original revenues was distributed according to the dispositions of the grantor. No appropriation could take place without the Bishop's consent: he could sanction the transference of the advowson or reserve it to himself: his first duty in respect of the revenues was to protect the parishioners. In the case of the church of Airlie, Bishop William of St. Andrews appears to have reserved the right of presentation as the condition of his sanction of the appropriation. As Bishop William and Abbot Alexander were dead1 before the revenues of the church came up for distribution, that is, as soon as the church became void of a parson, it was easy for a dispute to arise with regard to a transaction which had taken place so many years before. The exact year of the voidance of the benefice is not known, but it could not have been long before 1246. It would appear that Bishop David of St. Andrews was somewhat slack in looking after the rights of his See: he was at least indifferent to the representations of his neighbour of Dunkeld: perhaps he grudged the labour of investigating the acts of his predecessor with regard to the church of Airlie: but Bishop Geoffrey was resolved to set the world right by safeguarding the interests of all the parties concerned. The award of the English Commissioners, if the dispute was ever adjudicated by them, is not forthcoming. It is very difficult to imagine that Cistercian abbots, with the prestige of those of Rievaulx, Fountains, and Beaulieu, could undertake their commission in the face of a communication like that of Bishop Geoffrey. But as the medieval period is full of surprises, it may 1 Bishop William Malvoisine died on 9th July, 1238 (Dowden, The Bishops of Scotland, p. 13), and Abbot Alexander resigned the abbey of Cupar in 1240 (Chron. de Mailros, p. 150), but he must have died before 1246. T |