Bannatyne Club > Origines parochiales Scotiae > Volume 1

404 ORTGINES [moreuattle.
cerning all controversies, questions, and suits, that were raised or expected to be raised between
the said parties on account of the said tithes,' granted to ' Master Gilbert Heryng, vicar of
Innerwic (who had been chosen by the archdeacon of Teviotdale to supply the place of Master
John Arous archdeacon of Glasgow, who was absent), Master John of Otirburn, licentiate in
decrees, vicar of the church of Meyrnys, Sir Andrew Bell, a monk of Neubotill, licentiate in
theology, and Alexander of Casteltaris, rector of the church of Keth/ chosen by the parties,
and consenting to be arbiters in the matter, ' full and free power, to the end that they might,
either by themselves or in conjunction with any others whom they might choose to asso-
ciate with them, examine the foresaid case, discuss its merits,' and give final sentence in the
matter — binding the said parties to acquiesce in that sentence, whatsoever it might be.' These
conditions the said parties bound themselves by oatii to fulfil — and at their request the said
Matthew of Roraanox drew up a notarial instrument of the same, to which they aflixed their
seals.2 On the 25th of March, 1455, within the monastery of Kelso, in presence of Thomas
Penven, priest of the diocese of Glasgow, notary public, and other witnesses, ' brother Symon
Vaules, monk and alleged syndic or procurator of the abbot and convent of Melros, in their
name asserted, that he for them personally compeared within the monastery of Kelsow on the
said day, to see and hear examined certain witnesses, to be produced, as he had understood, before
ten o'clock of the said day, within the said monastery before Master Robert Pendven, rector of
the parish church of Sowdon, and Master Thomas Pendven, rector of the parish church of Kerk-
machquho, by Master John Arowis, archdeacon of Glasgow, Master John of Ottirburn, licentiate
in decrees and perpetual vicar of the parish church of Mernis, Master Andrew Bell, prior of
Neubotill, and Master Alexander of Castiltarris, rector of the parish church of Keth, commis-
sioners in the cause raised by the said archdeacon against the said abbot and convent concerning
certain tithes within the parish of MerbotiU — Which hour of ten o'clock being fully past, the
foresaid brother Symon protested, that no witnesses should thenceforth be admitted in the case by
virtue of the said commission ; protesting also as to the invalidity of their reception and the
nullity of the process quoad hoc, if tbey should in any way be admitted against his protest to that
effect,' — concerning all which he requested that a notarial instrument should be made by the said
Thomas Pendven.^ On the 3d of April of the same year, ' at the dwelling-place of Master
Nicolas of Otirburn, master of arts, licentiate in decrees, a canon of Glasgow, and vicar of the
parish church of Saint Giles of Edinburgh,' in the presence of several notaries and other witnesses,
the said commissioners, namely, John of Otirburn, Andrew Bell, Gilbert Heryng, and Alexander
of Casteltarys, after hearing evidence, decided, 'that all and each the tithes of the towns or
places of Gatschawe and Cliftonecotis, situated within the parish of the archidiaconal church of
MerbotiU in the diocese of Glasgow, had been continually raised and peaceably possessed by the
monks of Melros from time immemorial, and that these tithes ought of right to belong to them,
and had been and were for ever legitimately secured to them by prescription against the said Master
Patiiok Hume archdeacon of Teviotdale, and his predecessors and successors the archdeacons of
1 Lib. de Melros, pp. 578-580. = Lib. de Melros, pp. 581, 582.
= Lib. de Melros, pp. 5B0, 581.