Document 4/32/93 (Cooper, Select Cases, no. 44 )
- Description
- Master Walter, dean of Glasgow, and Master Reginald, archdeacon of Glasgow, recite letters received from Pope Innocent [IV], appointing them papal judges delegate in the case called by the Nobleman John of Kinross, against Alwin of Callandar, a layman, concerning his birth. By the authority of the mandate, in their presence, John of Kinross, knight and plaintiff, by his spontaneous wish, renounced the lawsuit called concerning the legitimacy of Alwin of Callandar, knight, and all rights that he has or could have whether by hereditary succession or by the gift of his aunt, Ethna, against the said Alwin, knight, concerning the lands of Callandar, and of Lennox, which Malcolm, thane of Callandar once held, and any other lands pertaining to Alwin. Alwin resigned and quitclaimed whatever right was admissible, and John bound himself and his heirs, and supplied a corporeal oath under a penalty of £1,000 that neither himself nor his heirs would go against this renunciation and quitclaim at any time. But if anyone attempted to go against this at anytime, whoever he may be, he would be blocked from undertaking all legal action. Alwin granted that, by his own authority, without forfeiting any of John’s mobile and immobile goods, John and his heirs may hold, possess and sell [the goods] as it pleases him [and which] they may concede by surety or pledge until the penalty of £1,000 shall be paid in full. John subjected himself to the jurisdiction of the judges so that they could compel him by ecclesiastical censure, without appeal of justice, to observe this in full, renouncing all appeals and remedy of canonical and civil justice. In the market of the laity, Alwin is permitted to expel anyone opposed, if he wishes; if he shall ask for one market and not obtain it, he is permitted to return to another forum expel the above.
- Firm date
- 21 October 1252
- Dating Notes
- Monday after the feast of St Luke the Evangelist, 1252
- Place date (modern)
- Edinburgh
- Place date (document)
- Edenburgum
- Related Place
- Edinburgh
- Source for Data Entry
- Cooper, Select Scottish Cases, 63-65, no. 44
- Trad. ID
- Cooper, Select Cases, no. 44
- Calendar number
- 4/32/93
- Charter type
- Settlement
- Language
- Latin
- Original (contemporary)
- yes
- Notes
- NAS, RH 6/50
Ferguson, Medieval Papal Reps., App. I, no. 107
Cooper, Select Scottish Cases, no. 44