Ancient deeds and other writs in the Mackenzie-Wharncliffe charter-chest

MACKENZIE-WHARNCLIFFE DEEDS
present writ, and understanding that we ought to be favourable and kind in those
matters which tend to the evident utility of monasteries and regular places, by the
authority of the Lord Pope of whose Penitentiary we bear the cure, and of his special
mandate made before this to us by word of mouth, commit to your discretion that,
having cited those who ought to be cited, you or two of you proceeding conjointly
shall diligently inform yourselves of the premisses done, as is stated, and if by the
information ye shall find (upon which we burden your conscience) that the same gift,
grant, tack, renting, lease, dimission and confirmation have tended and tend to the
evident utility of said monastery, ye shall by apostolic authority, approve and confirm
the same gift, grant, tack, renting, lease, dimission and confirmation, and, as they
concern these, all and sundry things (lawful and honourable only) contained in such
charter or instrument, and that ye add to them the force of perpetual firmness, and
discern that all these shall be valid and effectual and have their due effects and
efficaciously be observed, and ought to be so judged and defined by judges exercising
any authority, even apostolic, taking from them all faculty and authority of judging
and interpreting otherwise, and that whatsoever shall happen to be attempted to the
contrary shall be null and void ; and all and sundry defects as well of law as of fact,
if any perchance intervene in the same, ye shall supply, notwithstanding the constitu-
tions and ordinations, those of Paul Pope n. of happy memory and others, apostolic
and provincial and synodical, also the statutes and customs of the said monastery and
Order, even though fortified by Apostolic confirmation or any other support, privileges,
also indults and letters apostolic granted to them, of whatever tenor they may be, and
others to the contrary whatsoever. Given at Rome, at St. Peter, under the seal of the
office of Penitentiary v. Kal Julii of the Pontificate of Lord Paul Pope in. year five.
(Signed) A. de Villanoua. C. Mazens.
II.
Charter by Robert Bruce, King of Scots, in favour of William Olifaunt, Knight,
of the lands of Newtyle and Kylprony, dated 26th December in the twelfth
year of his reign. (1317.)
Robert, by the Grace of God, King of Scots, to all good men of his whole land,
greeting : know that we have given, granted, and by this our present Charter con-
firmed to William Olifaunt our beloved and faithful Knight for his homage and
service the whole land of Newtyle and of Kylprony with their pertinents, within the
Sheriffdom of Forfar, to be held and had to the said William and his heirs of us and
our heirs in fee and heritage and free barony by all its right marches and accustomed
boundaries, freely, quietly, fully and honorably with all serfs, and native men of the
said land and with all their other liberties, commodities, easements and just pertinents,
the foresaid William and his heirs doing therefor to us and our heirs the fourth part
of the service of one knight in our Army, in witness whereof to this our present
Charter we have commanded to be appended our Seal before these Witnesses, Bernard,
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