The Boyd charter, for the record.
Archibald Duncan is the kind of academic that will spend two- or three paragraphs discussing the import and implications of a 14th century charter using the Latin “Scottorum” instead of the later form “Scotorum”. He’s the guy designated to assemble and analyze the official acts of Robert I, king of Scotland, in the definitive series of books that are the compendium of independent Scotland’s regal official acts, the Regesta Regum Scottorum.
He’s the expert’s expert.
I got turned on to his The acts of Robert I, King of Scots, 1306 - 1329 when I turned up a “snippet view” of a paragraph regarding what he calls ‘the tenendas clause’ that seems to separate our ancestor, James de Tempilton, and his land holding from the lands being forfeited by John de Balliol in order to create a new barony for Robert the Bruce’s faithful lieutenant, Robert Boyd. But the snippet left the crucial sentence incomplete — a fragment that implied, but did not absolutely clarify what was happening with Tempilton’s land.
So, I got the book on inter-library loan.
What I found is interesting. Duncan’s text seems to rely upon the Scots Lore text I’d found on Google Books as his source. However, he mentions “the version on the surviving roll” which infers that he had the chancery’s enrolled version for comparison. It seems that the ‘originals’ of the collected charters, etc., have been subject to loss, transcription, transportation and other changes of process governing registration over the intervening 700 years. Interestingly, Duncan’s text diverges in significant detail from the copy I found in Scots Lore. But, since he’s the man, and he pored over all available sources, and because his handful of notes regarding our charter refer to his own transcript, we’re gonna go with his text (and spellings) as the authoritative version.
Here’s what he has:
67 Charter to Robert Boyd knight of lands in Kilmarnock, Bonnyton and Hairshaw held by John de Balliol, of [West] Kilbride and Ardneil held by Godfrey de Ros, of land in Dalry held by William de More, and of various other lands (Ayrshire) in barony with Hairshaw held in forest ; for service of a knight. Ayr, 3 May a.r.10 [1315].
Robertus Dei gracia rex Scottorum omnibus probis hominibus suis tocius terre sue salutem. Sciatis nos dedisse concessisse et hac presenti carta nostra confirmasse Roberto Boid militi dilecto et fideli nostro pro homagio et servicio suo omnes terras de Kylmernoc de Bondingtoun et de Herteschav, que fuerunt Johannis de Balliolo in dominico, totam terram de Kylbride et totam terram de Ardnele, que fuerunt Godfridi de Ros filii quondam Reginaldi de Ros, et totam terram que fuit Villelmi de Mora in tenemento de Dalry cum illis septem acris terre que fuerunt quondam Roberti de Ros in tenemento de Ardnele cum pertinenciis, una cum dimidio terrarum de Blare de Petecon de Dalry cum illis septem acris terre que fuerunt quondam Roberti de Ros in tenemento de Ardnele cum pertinenciis, una cum dimidio terrarum de Blare de Petecon de Dalry de Dogetlande et de Velscheton, et cum liberetenentibus dictarum terrarum et serviciis eorundem liberetenencium una cum liberetenentibus terrarum infrascriptarum et eorundem serviciis videlicet terre de Meneforde, terre Ricardi Brune, terre Johannis de Kylmernoc, terre Villelmi de Cobynschent, terre Jacobi de Tempilton de Achindalosk, terre Roberti Scot in Raliston, terre Laurencii de Mora in tenemento de Dalry, et terre de Inglisardnel. Tenendas et habendas eidem Roberto Boid et heredibus suis de nobis et heredibus nostris in feodo et hereditate per omnes rectas metas et divisas suas in unam integram et liberam baroniam quiete libere plenarie et honorifice in boscis planis viis semitis moris maresiis pratis pascuis et pasturis in aquis stagnis vivariis molendinis et multuris in aucupacionibus piscacionibus et venacionibus cum furca et fossa soc et sak thol et them et infangandthef et cum omnibus aliis libertatibus comoditatibus aisiamentis et iustis pertinenciis suis tam non nominatis quam nominatis. Preterea concessimus prefato Roberto Boid ut ipse et heredes sui habeant teneant et possideant predictam terram de Herteschav per omnes rectas metas et divisas suas tantum in liberam forestam firmiter prohibentes ne quis sine licencia dicti Roberti et heredum suorum speciali infra dictam terram de Herteschav secet aucupet aut venetur super nostram plenariam forisfacturam. Faciendo nobis et heredibus nostris dictus Robertus et heredes sui pro omnibus terris supradictis servicium unius militis in excercitu nostro et unam sectam ad curiam nostram de Are ad singula placita nostra ibidem tenenda. In cuius rei testimonium presenti carte nostre sigillum nostrum precepimus apponi. Testibus, Bernardo abbate de Abirbrotht cancellario nostro, Thoma Ranulphi comite Moravie nepote nostro, Valtero senescallo Scocie, Johanne de Meneteth, Jacobo domino de Duglas, et Roberto de Keth, militibus. Datum apud Are tercio die mensis Maii anno regni nostri decimo.
SOURCE. “Scots Lore” (1895), 271-2, from a copy of a transcript of 1453, then owned by R.S. McNichol of Glasgow, and presently untraced.
REGISTERED. R46 (where the clauses are differently arranged, and the phrase ‘una cum dimidio…Velscheton’ is lacking).
COMMENT. The instrument states that the charter was sealed with the king’s seal in white wax.
See § 24, 36, 47, 50, 60, 61, 138, 201, 237.
The note at § 237 is the money commentary viz. the tenendas clause and James de Tempilton’s land (at Achindalosk?):
§ 237. The conclusions which can be drawn about the method of registration are few, but not without interest. The surviving roll is not copied from originals, and other rolls are known from much later transcripts. Thus small variations between the texts of an enrolment and an engrossment are most likely to be the result of mistranscription, as in the case of minor variations of date.
One charter surviving in a copy of the engrossment (no. 67) differs in the version on the surviving roll (Index 160, R46) which is constructed thus: various lands are listed according to their former holders, ‘with pertinents’. The tenendas clause follows, holding in barony, by right bounds, ‘with freeholders of the aforesaid lands namely of the land of Meneforde’ and various lands are listed, running straight into ‘freely, quietly…’ Plainly this is a clumsy construction, separating the lands given from the subtenants. The engrossment groups all under the donation, but also adds to that donation. After the lands listed according to their former holders we have a wholly new phrase, ‘along with half of the lands of Blare, of Petecon, of Dalry, of Dogetlande and of Velscheton and with freeholders of the said lands and services of the same freeholders, along with the freeholders of the underwritten lands and their services, namely the land of Meneforde…’ The tenendas clause follows, in barony, freely, quietly, etc. without any list of of subtenancies.
The substantive change has been from ‘with pertinents’ to ‘with half of the lands of…’, and in consequence one set of freeholders has become two, the freeholders of the lands just listed and the freeholders of the lands to be listed. Such changes are too complex to have arisen by abbreviation from the engrossment to ‘with pertinents’ in the enrolment. The alteration must have been in the other direction, arising from dissatisfaction with cum pertinenciis, a dissatisfaction most likely to have been expressed by the beneficiary or his agent.
It may be that if we had a larger number of registered texts we should find further examples of such alterations; it is perhaps surprising that they should be so few. Nonetheless the presence on the register of at least two mandates to issue charters in terms which follow also shows that the registered texts are prior to the engrossments, and the two instances of substantial differences in the dates suggest that the interval between the drawing up of the enrolled text (not the enrolment) and the engrossment might be about two months.
Duncan’s language can be confusing, to be sure, to one who is not steeped in the arcana of royal charters of the High Middle Ages. But the upshot seems clear: James was a freeholder tenant that appears to have had his lands added to, or used to describe the ‘right bounds’ of Boyd’s barony, and was kept in possession of his property when all was said and done.
At least that’s what I’m concluding.
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NOTE: for a more detailed description of the process by which a charter is drafted and then ‘engrossed’ see my sidebar in James’ biography that I drafted before I came into Duncan’s book.
