Source:Scottish document Liber Insule Missarum, no. 32

Agreement between Hugh de Ross de Balyndolch and Alexander de Murrave de Ogilvy concerning Johanna, Alexander's wife, to be concluded under the bishopric of Dunblane
Originally written in Latin 20 April 1378

Transcription

Conventio inter Hugonem de Roſſ de Balyndolch et Alexandrum de urraue de Ogilvy de Johanna uxore Alexandri deducenda infra episcopatum Dunblanensem · Orig. in archivis de Abercairney.

32

Concordat̃ fuit in ec͠ca ꝑochiali de Perth xx die m̃ Ap^ꝛlis · Anno d̴ni mo cccmo lxxmo octuagesimo [octavo] int honorabiles viros Hugonem de Roſſ dñm de Balyndolch ex ꝑte vna & Alexandrū de ^ƨraue dñm de Ogilvy ex ꝑte alta ꝗ pdc̃us Hugo d̴nam Johannā tūc dc̃i Alexandri vxorē inf  epiſcopat̃ Dunblanen inf  feſtū Sani Joh̴is Baptiſte ꝓxime ſut^ƨum faciet deduci ac dc̃m Alexandrū de eiuſd̴ Joh̴e ibid̴ ẽe faciet de pmunic͠oe vij dieꝝ ctificari ꝓ quo dc̃s Alexander dc̃o Hugoni vij · marc̃ pmanibʒ ꝑſoluit & dc̃o Alexandro sic pmunito alias vij marc̃ inf  xiiij dies ꝓxme inde sequēs dc̃o Hugoni ꝑſoluʒ ac deforciam̃to completo dc̃us Alexand̴r ut ſup  dc̃o Hugoni ꝑſoluʒ Et dc̃s Hugo dc̃am đnam Johannā inf  dc̃m epiſcopat̃ · nō deducēs ut ſup dicit^ƨ vij marc̃ precept inf  petic͠om xiiij dieꝝ retrodabit · ꝓmittit dc̃us Hugo dc̃m deforciam̃ cōſilio ſuo & auxilio adiuuar̃ & nullomº impedir̃ · In cuiꝰ rei Teſt̃ sigilla dc̃oꝝ Hugoñ & Alexandr̃ altnatī ſūt appen Anno die & loco ſup dc̃is ·

Document

Printed sources	Liber Insule Missarum

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Discussion

It does not appear when the Earls of Stratherne first obtained the rank of Earls Palatine. The style is not given, in any of the documents now collected, during the time of the old family ; though the dependent bishop, and the officer bearing the title of ‘the Earl's Chancellor,’ certainly argue somewhat like palatinate privileges. After the ancient line had failed in the direct male descent, and when Maurice de Moray, created Earl by David II., had fallen at the battle of Durham in 1346, leaving no issue, King David bestowed the great earldom upon his nephew Robert, the High Steward, afterwards King Robert II. On his accession to the throne (in 1370) Robert II. granted the earldom of Stratherne to his son David, (his eldest son by his second queen, Eufam of Ross,) and in his favour, if not sooner, it was erected into a palatinate ; for five years later we find David, styled Earl Palatine of Stratherne, taking part, along with the Queen his mother, in a contract of marriage between the Queen's sister Jonet de Monymuske and Alexander de Moravia of Drumsergarth ; while Walter de Moravia, his brother, is to have to wife (if he choose) the eldest daughter of the said Lady Jonet de Monymuske.^y

One at least of the marriages thus contracted took place, and was not fortunate, Only three years afterwards we meet the record of a very curious compact. On the 20th of April 1378, in the parish church of Perth, it was covenanted that Hugh de Ross, lord of Balyndolch, shall make to be brought within the diocese of Dunblane, the Lady Johanna (or Jonet) the wife of Alexander de Moravia, at the next coming feast of St John the Baptist, for which he is to have seven marks beforehand, and seven more when he intimates that he has performed his engagement, and the divorce being completed, he is to receive a similar sum ; and the said Hugh promises to give his advice and assistance to the said divorce.^z

25. Indenture 1375. This very curious indenture is printed in the Appendix to the Preface, from the original. It was long ago published by Anderson in the Diplomata.
26. Printed in Appendix to the Preface. The word in the original is deforciamentum. It may mean the forcible bringing of the lady within the jurisdiction.

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