The Register: Bishoprics of Scotland; Memorandum on writs; Caldbeck (continued)

The Bishoprics of Scotland.

294 c.

[On this list see Prof. Tout in Bp. Halton's reg. ii, Introduction.]

Memorandum On Writs.

295. (C. p. 282).—Writs in Chancery de cursu and de precepto. All writs that are not pleadable in the Court are de cursu, also all writs pleaded before justices itinerant, except those of miscarriage of justice and attaints. All writs pleaded before the justices of the Bench are de precepto except the following:—de ultima presentacione, quare impedit, breve utrum, de recto, de advocacione ecclesie, de dote unde nichil habet, nuper obiit, precipe in capite; and when the lord of a fee resigns his court to the king, then the lord ought to appear in person in the king's court, or certify the court by his letters patent that he has resigned the court to the king. All attachments and prohibitions of whatsoever kind are de cursu at the Bench. All writs founded on statutes and reciting the tenour of the statute come from Chancery de cursu. Writs pleaded before justices at assizes are de precepto, except the writ of trespass, which is called audita querela and is granted gratis. All writs pleaded before the king are de precepto except the writ of beasts of the plough. Assizes of novel disseisin concerning tenements in a county in which the king is dwelling, if in England, and arraigned before the king, are de cursu.

296. (C. p. 283).—Charter and bounds of the island of Holmcoltran and Rabi. [A late copy of part of no. 209.]

Caldbeck (continued).

297. (C. p. 284, in a late hand).—The bounds of Caldbek. Beginning at the head of Bowlandbeck and going down as Bowlandbek falls into Caldbek, and so descending by Caldbek to Brokholgyll, and so up by Brokholgyll to the hedge (haya) on the bank of Warnell [nos. 220, 248], and so by the same as far as the head of Bowland beck; and whatever is included belongs to the monastery of the blessed Mary of Holm and to the monks there serving God.