1

i^

1 w^^

-.. £ '¦

mM >
SSI ;
f^
Al
* 'l^ffir
^'
V *¦ -^fiM
BULL.

OF

POPE ADRIAN VI.

GRANTING A PENSION FROM PROV AND

DAVID MURRAY, M.A., F,S,A,ScoT.

^tibatelS ^riittcb

GLASGOW
JAMES MACLEHOSE & SONS
^utUahtrs to tlw itnibcrsitj)
1887

Reprinted from the Papers of The Regality CM.

C23

BULL OF POPE ADRIAN VL
GRANTING A PENSION FROM PROVAND.
The Bull or Letters of Provision^ of Pope Adrian VI.,*
of which a photographic reproduction, a transcript, and
translation are given, recites that William Baize (i.e.,
Balye or Bailie) having resigned the canonry and pre-
* /Mem is technically used, in the language of ancient conveyancing, of
unilateral deeds, as distinguished from instruments ; thus we have litem
venditionis, literce dispositionis. Uteres translationis, litem assignationis,
literce assedationis. Old Scottish deeds of this description commenced
in the accepted form, " Be it kend till all Men, by thir present Letters,"
There were and a.re literce patentes s. aperies and literae clatisce; mer
chants had Uteres cambii s. cambiales, and litem recognitionis s. carica-
meiiti s. 07teraria. Bulls were literce patentes ; brieves were litem clauses.
The former were sealed with the figures of SS. Peter and Paul, the latter
with the ring of the Fisherman,
" Pope Adrian VL, Adrian Florent Boyens, was born at Utrecht in 1459 ;
became Vice-ChanceUor of the University of Louvain; was chosen, 1512,
by the Emperor MaximiUan, preceptor to his grandson, afterwards Charles
V. From Ferdinand of Spain he received, 1515, the bishopric of Tortosa ;
after Ferdinand's death he was, 1516, co-regent of Spain with Cardinal
Ximenes, and in 15 17 Viceroy of Spain. He was promoted to the Car-
dinalate, ist July, 1517, and 9th January, 1522, was elected to succeed
Leo X. He was installed 31st August, 1522, and died — it is said of poison
— 14th September, 1523. He offended the Romans by retaining his own
name when elevated to the Papal chair. This is a point of etiquette
strictly observed, the why and the wherefore of which have been learn
edly debated. See the Praxis Dispensationum Apostolicarum of Pyrrhus
Corradus (in private life Pirro Corrado), Prothotiotary Apostolic, and
Canon of the Metropolitan Church of Naples, ii. 4, No. 4, p. 22 ; ed.
Colon. Agrip. 1680, and Sir Harris Nicolas, Chronology of History, p.
197. Adrian is remembered by his Bull of 1523 against witchcraft.

bend' of Barlanerik or Provand^ in the cathedral
church of Glasgow, the resignation had been accepted
and the benefice bestowed by his Holiness upon Thomas
^ These terms are in common parlance often confounded. " Canonry "
refers to the office, the " prebend " is the endowment or provision, the
ecclesiastical revenue attached to the canonry ; " Canonicatus nil aliud
est, nisi jus habendi stallum, et locum in Choro, ac vocem in Capitulo
. . . Prcsbenda vero est jus percipiendi fructus in Ecclesia, competens
prcebendato, ex officio divino, tanguam uni de Collegia" — Corradus, Praxis
Dispensationum Apostol. ii. 5, No. 36, p. 30 ut supra; and see the
Gloss on Decretal Greg. IX. i. 2 c. 9. A prebendary is a nomen factij
canon is nomen juris. (See N. and Q,, 5th S, vi., pp, 89, 108,211, 253,
237.) Prebend is the late Latin prcebenda, prevenda, probenda, old French
provende, and is the same as the English provender, in which sense it is
also used, '''Pro equo suo unum bushel avenarum pro prcsbenda capienda,"
Coucher Book quoted by Cowel, Law Dictionary, s, v. The Promptorium
Parvulorum, ed. Way (Camden Society, 1865), gives Prouender, prebend,
benefice = Prebenda J Prouender for hors=Probendum. See also Jones
(WiUiam Henry), Fasti Ecclesiae Sarisberiensis, pp. 193, 19S ; and Littr^,
Dictionnaire, s. v., who quotes Wace —
" Cil me dona, Dieux li rende
A Baieux une provende."
Provan, or Provand, as an alternative name for Barlanerik, seems to be
simply Prebenda, Probenda, or Provanda, i.e., Barlanerik the prebend.
2 William Baize was Dominus Provand or de Provand as were his
predecessors in the prebend. The expression has caused much embar
rassment to Glasgow antiquaries. Their difficulty arises from mis
translation, Dominus de Provand, Lord of Provand, they say. Quite,
right, had the property been in England, but in Scotland we say Laird,
although Lord is sometimes used alternatively. " Quhatsumever tennent
... of ony lordis or lairdis spirituall or temporall," — Act 1522, c, 4
(Thomson's Acts of the Parliaments of Scotland, vol, ii,, p, 284), The
Laird o' Cockpen would appear in Latin as Dominus de Cockpen,
Dominus is here u.sed in the sense of the Lord of a manor, to use an
English phrase, not of a noble or peer of Parliament, In Scotiand there is
a well known distinction between Zrzz'rrfand Guidman. The former is a
tenant in capite, or Crown vassal ; the latter held his land of a subject
superior. (See Sir George Mackenzie, Science of Heraldry, Works, ii,, p,
583 ; Riddell, Peerage and Consistorial Law, ii,, p, 981.) Thus in the
Caldwell Papers we have the " Laird of Cauldwell" and the " Guidman of
Cauldwell " in one factory account, the former referring to the head of
the Caldwell family, the latter to the proprietor of West Caldwell, — The
Caldwell Papers, i., p. 99 (Maitland Club). The possessor of the smallest

Baize, canon of Glasgow ; but there are reserved to
William, for his lifetime, the rents and profits of the
prebend, with power, in the event of the death or resig
nation of Thomas, to re-enter and take possession in
virtue of his original title. To this arrangement
Thomas assents by his procurator, Adam Sympson,
canon of Moray, who was then at Rome, and a special
memorandum of the fact is indorsed upon the Bull.
In a word, Thomas takes the benefice, subject to
Crown holding was a laird, and his wife was " lady^' The owner of a
great estate, when not a tenant in capite, was but s. guidman, even though a
peer, and his wife was guidwyfe. There was an old Clydesdale rhyme,
referring to the Dukes of HamUton, which embraced both tides—
" Duke of Hamilton and Brandon,
Earl Chattelherault and Arran,
The Laird of Peneill,
The Guidman of Draffan."
Peneill is a barony held of the Crown, and his Grace was laird ; the lands
of Draffan were held of a subject superior, and the Duke was guidman.
(See Northern Notes and Queries, p, 459,) Provand was a tenandry held
of the Crown, the temporality of which belonged to the prebend. The
Canon, therefore, for the tiine being was Dominus de Provand — that is.
Laird or Lord of Provand, The expression Lord Provand, or Lord of
Provand, is no doubt an old one. In the list of the prebends of Glasgow
given up to the General Assembly of 1571, " Lord Provand " occurs between
the Personage of Kirkmaho and the Personage of Douglas. (Booke of the
Universall Kirk of Scotland, vol. i., p. 224 ; Calderwood's Historie of the
Kirk of Scotland, iii., p. 188.) The proprietor of the lands was at this time
a Senator of the College of Justice, with the title of Lord Provand,
which may have led to confusion. There was just the same
difficulty, however, three hundred years earlier. In Bagimont's Roll,
1275, Barlanrig appears amongst the rectories belonging to the
Canons without prefix or note of any kind, (Registrum Episcopatus
Glasguensis, i., p. Ixiii.) In the Taxation of the fifteenth century {ib.,
p, Ixxii.) it appears as " Rectoria de Barlanrik," which it never was.
The endowments of all the other prebends consisted of the spirituaUties —
that is, the teinds and oblations — of various parish churches, less a cer
tain sum provided to a vicar for doing the parish work. Barlanerik was
not a parish, had no church, no cure of souls, no teinds, no oblations ;
but was a small estate in the parish of Glasgow, and belonged in property
to this prebend.
A 2

William's life interest in the revenues, and it reverts to
William should Thomas predecease or demit. The
latter, therefore, had no substantial interest until the
death of William.^
The claim and exercise of patronage by the Pope
were subjects that gave rise to much jealousy and con
troversy in this country and elsewhere. The Kings of
Scotland claimed right to present to such benefices
in the collation of the bishops as fell vacant between the
death of one bishop and the fealty and homage of his
successor.^ The right was only grudgingly and par
tially acknowledged by the Popes, but was recognized
by the Scottish Provincial Councils of 1457 and
1459, and was confirmed by the Parliaments of 1462
and 1 48 1, and of many subsequent years down to
1540.^ The rule of the Canon law, as extended by the
Extravagantes, Execrabilis, and Ad regimen of Pope
John XXII. (1317) and Benedict XII. (1338) respect
ively,* was that there was reserved to the Pope the
• Pope Adrian is said to have exercised his patronage with much judg
ment and impartiality, and insisted on knowing to whom he gave appoint
ments. (Ranke, History of the Popes, translated by E. Foster, i,, p, 73.)
2 Other Sovereigns made a similar claim, and the subject, the " regal,"
as it was called, has an extensive literature of its own, for the biblio
graphy of which the curious reader may be referred to a note by John
Spotiswood, Hope's Minor Practicks, pp. 90, 91 (Edinburgh, 1734).
^ See Statuta Ecclesiae Scoticanse, ed. Robertson (Bannatyne Club), vol.
ii., p. 179 ; vol. i., Pref.,p. Ixxiii.
^Extravag. Commun., iii., 2, 4, and iii., 2, 13 (Corpus Juris Canonici,
ii., pp. 1207, 1259, 1266, ed. Freidberg, Lipsiae, 1881).
There was a famous division of reservations of benefices falling vacant
apud sedem Apostolicam, into those " clausas in corpora Juris," and those
" extra corpus Juris." The former were those which fell under the con
stitution of Clement III., or, according to some, Clement IV. (Sext. Decret.
iii., 4) ; the latter were those founded on the Extravagantes above referred
to. These were rejected by many canonists as being temporary provi-

presentation to all benefices which became vacant while
the incumbent was attending the Court of Rome upon
any occasion, or on his journey thither or back again.
The qualification soon disappeared, or was only col-
ourably observed. In 147 1 the sixth Parliament of
James IIL, reciting "the great dampnage and skaith
daylie done to all the Realme be Clerkes, religious and
secular, quhilks purchessis Abbacies, and uther benefices
at the Court of Rome, quhilks were never theirat of
befoir," enacted " that na sik Abbacies na uther bene
fices quhilkis was never at the court of Rome of
before, be purchasit be na seculare na religious
persones, but that the saidis places have free election
of the samin as use and custome hes been." ^ This
was followed, twenty years afterwards, by another
statute. After narrating the injury done to the realm
and the lieges " throw the exorbitant coistis and
expenses dailie done be Kirk-men upon the impetration
and purchasing at the Court of Rome benefices elective,
and divers uthers that micht be given and providit
sions and forming no part of the Canon law, and this is now the received
opinion (see Van Espen, Jus Ecclesiasticum Universum, part ii., sec. 3,
tit. 11). They were, however, acted upon at the time and for long after,
and were the foundation for the exercise of much patronage, for, whether
they were special or general, they were incorporated in the Regulce
Cancellaria, part of the Jus novissimum (see Regulae Cancellarise
Apostolicas, Reg. I., et sqq. ; and the gloss, thereon. I quote from an
edition j. /. a. a., circa 1505). The fact of their being so repeated was a
source of much trouble to the glossators, but is an argument in favour of
their temporary, or at least special, character.
To make the conditions in Resignations of benefices binding, it was
the practice to introduce into the Instrument of Resignation a limiting or
conditional clause " et non alias, nee aliter, aut alio modo" It was a
question whether such resignations were not simoniacal ; and some
doctors even asserted not only that they were so, but that this taint could
not be purged by the Pope himself.
^Act 147 1, c. 43 (Thomson's Acts of the Parliaments of Scotland, vol
ii., p. 99).

within the realme," the Act provides that none go
furth of the realm to purchase benefices without leave
of the King. ^
Legislation, however, seems to have been ineffectual
in checking the evil. Sixty years later Sir David
Lyndsay writes,^
" I dar weill say, within this fyftie yeir,
Rome hes ressett furth of this Regioun,
For Bullis and Benefyce, quhilk thay by full deir,
Quhilk mycht ful weil half payit a King's ransoun.
Bot, war I worthye for to weir ane crown,
Preistis suld no more our substance so consume,
Sendyng yeirlye, so gret ryches to Rome."
As is seen from the Bull under consideration, the
prebend of Provand had been previously promised to
Thomas Baize. As a rule beneficia vacatura could
not be granted,^ but the Pope reserved to himself
^ Act 1496, c. 2 ; James IV,, Pari. 5 (Thomson's Acts, ii., p. 237).
^ Ane Dialog betuix Experience and ane Courteour, 4759. — Lyndsay's
Works, voL iii., p. 107 (ed, Chalmers), ii,, p, 49 (ed, Laing, 1871).
Again, in Ane Satyre of the Thrie Estaitis, he says (Works, ed,
Chalmers, ii,, p. 60 ; ed, Laing, ii,, p, 240) —
" It is schort tyme, sen ony benefice,
Was sped in Rome, except greit bischopries,
Bot, now for ane unworthie vickarage,
Ane priest will rin to Rome, in pilgramage,
Ane cavell, quhilk was never at the scule.
Will rin to Rome, and keip ane bischop's mule ;
And syne cum hame, with mony colorit crack,
With ane buirdin of benefices on his back ;
Quhilk bene against the law, ane man alane,
For till posses ma benefices nor ane,"
3 " Albeit benefices cannot be effectually confei-'d before they vake ; a
prebend may be secured to one who is already chosen a Canon."  Forbes
Treatise of Church Lands and Tithes, p. 30 (Edinburgh, 1705).

even these ex plenitutiine potestatis} Such gifts,
gratice expectativcs as they were called, were very
frequent.^ In 1509, James Blacader, clerk of the
diocese of Glasgow, was put in possession of the per
petual vicarage of Cadder, for which he had Bulls,
granted in anticipation of a vacancy.^ Master James
Stewart, Canon of Glasgow, had such a grant from
Pope Leo X., in virtue of which {vigore graciose expec-
tature) he claimed the perpetual vicarage of Dundonald,
when it fell vacant in 1513.'' In 15 12, Master Richard
Hucheson (Magister Richardus Hugonis) was put in
possession of the vicarage of Kirkbene, in virtue of
a collation made to him by the Pope, in almost the
same terms as the present, the liferent of Master John
Hucheson, the previous incumbent, being reserved to
him.^ ^ In the language of the Canonists the Pope is " Ordinarius ordinario-
rum, est supra leges et canones et habet plenitudinem potestatis in
spiritualibus." Justinian even, they said, had recognized the popedom to
be " apex et culmen omnium dignitatum " (1. 8 Cod. de summa Trinit.
et fide CathoL, i.e. in Epist. ad Joannem Romanum Pontificem, Cod,
Just. t. i., 1. 8). See D'Avezan, De Jure Patronatus, c. vii. (Meerman's
Thesaurus, iv., p. 367) and De Renunciatione Benef, Eccles., c. 3 (Meer-
man, iv., p. 297).
Much will be found in reference to the Pope's plenitude potestatis in vol.
iii. of the Monarchia S. Romani Imperii of that busy publicist and hot-
tempered controversialist Melchior Goldast ab Haimensfeld, always to be
read with the caution that some of the tracts he edits have been suspected
to be his own composition.
2 There are many examples in Theiner, Monumenta Vetera Hibernise et
Scotiae (Romae, 1864). They were abolished by the Council of Trent (Sess,
24 de Reformat, c. 19) : but the Pope was excepted in respect of his
summa potestas. In France Graces expectatives were not allowed in
virtue of the Concordat between Leo X. and Francis I. — Fabrotus, Juris
Canonici Selecta, tit, 44 (Meerman's Thesaurus, iv., 552).
^Diocesan Registers of Glasgow, vol, ii,, p, 316,
* Ib. ii., p. 496,
» Diocesan Registers of Glasgow, ii., p. 448,

The resignation of a benefice was not allowed in
the early days of the church, but latterly the practice
was recognized, and became very common. It was
either absolute or conditional (resignatio pura s. simplex,
resignatio conditionalis)} The former was the simple
giving up of the living, without stipulation or qualifi
cation. The latter was made subject to a condition,
e.g., (i) cum regressu, with right to re-entry; (2)
cum accensu, with entrance ;^ (3) in favorem, in favour
of a certain other person,^ (4) under reservation of the
fruits, in whole or in part, by way of pension. It was
subject to this last condition, or perhaps to the last two,
that William Baize resigned Provand. When the
Reformation became imminent, many of the clergy
demitted their benefices upon these terms, with the
result that the cures were neglected for want of
stipends.* ^ See D'Avezan, De Renunciatione Benef. Eccles., c. 8 (Meerman, Thes
aurus, vol iv., p. 303 ; Van Espen Jus Ecclesiasticum Universum, pars, ii.,
sec. 3, tit. 9 and 10. Vol. i., p. 806 et sqq. (Lovanii, 1753). Rebuffi,
Praxis Beneficiorum, p. 315 (Lugduni, 1580).
^ Cum, accensu, i.e., when a benefice was conferred upon another than
him whom the Pope collated, on condition that when the latter became
capable of holding a benefice, e.g., when he came of lawful age, he could
enter upon and take possession of it of his own authority.
Both the conditions cum regressu and cum accensu were abolished
by the Council of Trent, the supreme power of the Pope being of course
left untouched,
2 This corresponds exactly with Resignation in favorem in the case of
land rights as practised in Scotland, As our early lawyers were ecclesi
astics, and our conveyancers were Notaries, imperial or apostolic, the style
of our deeds and instruments relating to civil matters followed very closely
that of those relating to ecclesiastical affairs.
^ The Act 1584, c, I, struck at gifts of Prelacies, Abbacies, Priories, and
Nunneries made by King James VI. " upon the resignations or dimissions
of the possessoures of the same abbacies, priories, and titulares of the
same reservation of their awin life-rents .''

When the fruits of a benefice or a specific pension
from the fruits was reserved to the resigner, his rights
were protected, as in the case before us, by a clause of
regress or re-entry, as to which many nice questions
arose, whether fresh collation was required, whether he
could re-enter and take possession at his own hand,
or required judicial authority. This difficulty was
attempted to be evaded, as in similar cases at the
present day, by a declaration that he was to be entitled
to do so without an appeal to the law;^ but, notwith
standing, then, as now, it was held that judicial
authority must be interponed.
Resignation could be made either personally or by
proxy. When a procurator was employed, he required
a special mandate framed by a Notary apostolic in
accordance with the rules of the Roman chancery,
and signed by both.^ Acceptance of a benefice could
in like manner be taken by a procurator having special
authority to that effect.
To prevent abuse, as far as possible, the first
Parliament of James III. enacted " that na pension of
new or auld be taken, nor purchased out-with the
realme, nor within, of ony benefice, religious or secular,
without the consent ofthe possessour, giver, and taker,
under the paine of rebellion";^ but what its effect was
is not known.
Adam Sympson, who acted as procurator for
Thomas Baize and assented to the provision made in
^ See the case of the Monastery of Aberbrothoc (Arbroath) where the
Resignation contained a clause of "regressus sine Regis litteris." Theiner,
Monumenta, p, 522.
^ See the case of the Monastery of Arbroath, Theiner, Monumenta,
P- 525-
Regulas Cancellaria Apostolicae, Reg, 43, de beneficiis resignatis in
CanceUaria, Rebuffi, Praxis Beneficiorum, p. 513.
* Act 1466, c. 5, Thomson's Acts, ii., p, 85.

ID
favour of the demitting prebendary, seems to have been
a Scotch agent, who was probably settled at Rome.
In a Bull of Pope Leo X., 3rd August, 15 13, in favour
of Richard Thomsone, Canon of the Preceptory of St.
Anthony at Leith, regarding his stipend as Sacristan of
the House, "Adam Symson, clerk of the Diocese of
Dunkeld," appears as procurator in the like capacity
as in Baize's deed.' In a consistorial process in refer
ence to the monastery of Aberbrothoc in 151 7, Sir
Adam Sinisen, clerk of the Diocese of Dunkeld, 36
years of age, is examined as a witness.^ " Sinisen "
looks like a mistake for " Simson," and that the copyist
had difficulty with the name is shown by the fact that
when it occurs a second time he spells it " Sunisen."
There is no doubt a difference of diocese : but in the
earlier entries he is "clerk," in the later "canon," so
that there is no inconsistency. The title " Domi
nus " or " Sir " prefixed to his name in Pope Leo's
Bull and in the consistorial process shows that he was
a churchman,^ and in the indorsation upon the present
' Reliquiae Antiqua; Scoticae (ed. Maidment), p. 44. Edinburgh, 1848.
2 Theiner, Monumenta, pp. 525, 526.
^ " Dominus" " Sir," it need scarcely be mentioned, was the title univer
sally given to the inferior clergy, or to such at least as had not taken the
degree of " Magister " or " Master," just as monks were called " Dean "
and nuns "Madam." The two titles were often used together; thus,
Magister et dominus Barnard Balye, rector of Lambinton, 1 530. Regis
trum Nigrum de Aberbrothoc, p, 500 (Bannatyne Club), Sir David
Lyndsay ridicules this fondness for titles : —
" The seilye Nun will thynk gi-et schame,
Without scho callit be Madame ;
The pure Priest thynkis he gettis no rycht.
Be he nocht stylit like ane knycht.
And callit Schir, affore his name,
As Schir Thomas and Schir Wilyame.
All monkrye, ye may heir and se,
Ar callit Denis, for dignitie :
Ouhowbeit his mother mjlk the kow,

1 1
Bull the same title is given both to him and to Thomas
Baize — ^^ Dominus Adam, Simpson " and " Dominus
Thomas Baize''
As an appeal lay from the ecclesiastical courts of
He mone be callit Dene Androw,
Dene Peter, Dene PauU, and Dene Robart."
Ane Dialog betuix Experience and ane Courteour, 4658 (ed. Laing, ii,, p,
45 ; ed. Chalmers, iii., p. 103).
After the Reformation Priests were referred to as Knychts of the Pape's
Kyrk. On 21st June, 1561, "Jhon Kippir, sumtym in papistrie, called
Sir Jhon Kippir," appeared before the Kirk Session of St. Andrews and
tendered a confession, in which he styles himself, " I your Lordschipes
orator, Jhone Kypper, sumtym knycht of ye Papis Kirk." Register ofthe
Kirk Session of St. Andrews, Maitland Club Miscellany, vol. iii., p. 274.)
Jamieson has a long but far from satisfactory article upon the subject.
Dictionary of the Scottish 'L^.i\^2L'g&,s.\. Pop^s Knights. David Laing
has an interesting note, The Works of John Knox, vol. i., p. 555. " Mess
John,'' i.e., Messire, Sir — the title of knighthood — has not even yet quite
disappeared as a familiar reference to the Presbyterian minister. (Brydson,
Obser\'ations on Precedence, p. 41. Edin., 18 14.)
" Dominus " was the ancient university title of a bachelor of arts, and
is StiU in use at Oxford and Cambridge. In the College books the
bachelor has " D.," " Dr.," or "Sir" prefixed to his name. A Master
is entered as " M.," or " Mr." " Dominus " or " Sir " is strictly an
academical title, and confined to the University. (See N, and Q., 2d S,
i,, pp, 234, 299, 401 ; 3d S. ii., p. 58.) It was applied to clergymen in
official documents in England long after the Reformation. In Scotland
it descended to the schoolmaster, because, according to the Philistines, he
was often, if not generally, " a stickit minister," " le pr6tre assassin^,"
to use the language of a French translator of Scott. In this class
Dominie Sampson stands pre-eminent. It was not a term of respect.
Lord Auchinleck, to show his contempt for Dr, Johnson, called him a
dominie. When it was intended to speak of a schoolmaster with all his
honours he was styled " Doctor," without reference to any academical
degree. In England " Sir " seems occasionally to have been applied to
the schoolmaster. An example in the year 1628 is quoted in N. and Q., sth
S. iv., p. 26. It is suggested {ib., p. 377) that it was because he was a
B.A. or a clergyman.
As a law term " Dominus " in old practice was applied to the client —
"¦Dominus metis est promptus et paratus," "my client is ready and
prepared," (Clarke, Praxis Cur. Adm., tit. 9.) In Scotland it is still
in use in the phrase Dominus Litis, although with us this means the
person who has the control of the suit rather than the " master " or client.
" Dominus," in the sense of Laird, has been previously explained.

12
this country to the Pope, and as a great deal of non-
contentious business was ever being transacted at Rome,
the appointment of a procurator there was a very com
mon occurrence. It was, however, a costly luxury, and
enormous sums were spent, especially in appeals.^
The Bull in question is in the usual form,^ and
has still attached to it^ the leaden seal {bulla) from
which such documents take their name, bearing on one
side the heads of St. Peter and St. Paul,* and on
the other Pope Adrian's name and the year of his
pontificate. According to the rules of the Roman
Chancery, before a Bull of Provision was expede a
minute or protocol was prepared, which was termed a
^See Sir David Lindsay, Ane Satyr of the Thrie Estaitis. Works,
ed. Chalmers, ii., p. 60 ; ed. Laing, ii., p. 239. Also the Act of 1496. c. 2,
Thomson's Acts, vol. ii., p. 238.
' There is a notarial instrument in the Diocesan Registers which recites
a Bull in almost the same terms. (Diocesan Registers of Glasgow, ii.,
pp. 448,. 449.) Precedents of a Bull for a pension will be found in
Corradus, Praxis Beneficiariae, v. c. 3, pp. 97, 98 ; Col. Agrip., 1679, and
in Rebuffi, Praxis Beneficiorum, p. 129.
^ The seal was attached to a Bull of grace by a silken, to a Bull of
justice by a flaxen, cord, Rebuffi, Praxis Beneficiorum, pp, 124, 494.
* St, Paul always stands on the right and St, Peter on the left. The
reason why has produced much controversy and many strange opinions;
Matthew Paris, for instance, says that it was because St. Paul believed in
Christ whom he had not seen (Chronica Majora, vol, iii,, p, 417),
Corradus expends much curious learning upon the point (Praxis Dispensa
tionum Apostol, 2, 4, No. 7 ; p. 23 ut supra). For instance, Paul was of
the tribe of Benjamin, and in him Benjamin is portrayed and typicaUy
expressed. But Benjamin, although he was last amongst his brethren, was
called by his father the son of his right hand, and was placed by Joseph
before all his brethren. The difficulty is a mere begging of the question.
Is St. Paul upon the right ? If not, cadit quaestio. The explanation is
surely obvious that the figures are placed in heraldic fashion, and are
to be viewed, not from the spectator's, but from their own side, in
which case St. Peter stands on the true right. (See MabiUon, De re
Diplomatica, ii., 14, No. 13, 6 Corol. i., pp. 130, 623 ; Chassant, Paleo-
.graphie des Chartes, p. 114, 7'"" ed., Paris, 1876.)

" signature,"' on which in due time was indorsed
'¦^fiat tit petitur'' as the warrant for the preparation
of the Bull. The " signature " and the " fiat " both
survive in our practice, reminding us of the origin of
our forms and of the old notaries who gave them to us,
and in imitation of whom, such of us as belong to the
ancient order still dub ourselves " clericus dioceseos
Glasguensis," or otherwise as the case may be, in
what is grandiloquently styled our " Sign and Sub
scription manual."
The drafting of Bulls and other documents issuing
from the Roman Chancery was done with great care
by a special staff of officers. The recognized forms
were strictly adhered to, and their language exactly
considered. The brocard m,ala grammatica non vitiat
chartam has always prevailed in civil courts, and has
been productive of much slovenliness in legal draft-
manship ; but the ecclesiastical were more particular,
at least as regards Papal deeds. It was the duty of
the office de Prima Visione to correct any false Latin
that might find Its way into the draft, a most Important
matter, for " nee Ignotum est, quod falsa latlnltas vitiat
literas Apostollcas, etiamsi constaret de mente Papse,
quo casu perfectio Intellectus non supplet imperfec-
tlonem scrlpturse," ^ although this is perhaps too
strongly put.^
A Bull such as the present properly consisted of
seven parts — (i) the salutation, (2) the narrative, (3)
1 Thus defined — " Signatura est scriptura in papyro conscripta, a Papa,
vel ejus delegato, absque sigillo in medio scripta, partis supplicationem,
Papaeque concessionem breviter continens " (Rebuffi, Praxis Beneficiorum,
par. i., tit. de Signatura gratiae, p. 85, ed. Lugduni, 1 580). The Bull was
the signature extended. Ib., p. 125.
' Corradus, Praxis Dispensationum Apost. II., 3, No. 9, p. 18 ; ii. 8, No.
I, p. 40.
3 See Rebuffi, Praxis Beneficiorum, p. 149.

14
the grant, (4) the executive clauses, (5) the non-obstant
clause, i.e., the suspension of prior ordinances, etc., (6)
the commination, (7) the date. Some might be omitted
or varied according to circumstances.
Every clause and every word of style In these
deeds have been examined and commented upon at
great length, and with much acuteness, by generations
of canonists and formulists, whose portly folios still
adorn the shelves of our law libraries, monuments of
prodigious industry, and of a learning which, if now for
gotten in this country, exercised vast influence in its
day, and largely helped to shape that system of juris
prudence under which we live, and which we compla
cently term the Law of Scotland.

15

THE BULL.
(Ex AUTOGRAPHO' IN MuS. HuNT. GlASG.)
Adrianus, Episcopus, Servus Servorum Dei, dilecto
filio Wilhelmo Baize clerico, nuper Canonico GlasguensI,
salutem et apostolicam benedictionem ; Vite ac morum
honestas aliaque laudabilla probltatis et virtutum merita,
super quibus apud nos fidedigno commendaris testl-
monio, nos inducunt, ut ilia tibi favorablllter conceda-
mus, que tuis commodltatibus fore consplclmus oportuna;
Cum itaque hodie tu canonlcatum et de Barlanerik
alias Prouand nuncupatam prebendam ecclesle Glasgu
ensis, quam tunc obtinebis, per certum procuratorem
tuum ad id a te speciallter constitutum, In manlbus
nostris sponte et libere resignaverls, Nosque resigna
tionem ipsam admittentes, Canonlcatum et prebendam
predictos per eandam resignationem sic vacantes et
1 There were many curious rules observed in reference to the cali-
graphy of such documents, which are set out in the " Practica
Cancellarics ApostoliccB cum stylo et formis in Romana curia usitatis"
appended to Rebuffi, Praxis Beneficiorum, p, 537, taken from the notes
of Jerome Paul, Vice-Corrector of Letters Apostolic. See also Corradus,
Praxis Dispensationum Apostolicarum, 1 1., c. 7, No, 48 et sqq.
The first letter of the Pope's name was to be full and beyond the size of
the other letters. Certain words were contracted in a recognized manner.
Certain letters were written of a peculiar shape. Diphthongs were not
used. Punctuation was omitted. Letters Apostolic were not to be ruled
with ink, caustic, or lead under pain of nullity. As here, a Canon was
always addressed " dilecto filio." The pronoun " nostro " was never
prefixed. Bulls were subject to one set of rules, brieves to another. The former
begins as here — Adrianus, Episcopus, servus servorum. In the latter it
would be simply Adrianus Papa VI. Bulls were subscribed by a long
series of officials, brieves by one only of the Pope's secretaries.

i6
antea disposltlone apostolica reseruatos dilecto filio
Thome Baize, Canonico GlasguensI, cum plenitudlne
juris Canonici ac illis forsan annexis omnibusque jurlbus
et pertinentlis suis, apostolica auctoritate, per alias
nostras lltteras, contuleamus et de illis etiam provid-
eamus prout in illis plenius contlnetur ; Nos tibi,
ne propter resignationem hujusmodi nimlum dispendlum
patlaris, de absentia subventlonis auxllio provldere,
premissorumque meritorum tuorum intuitu specialem
gratlam facere, volentes, teque a quibusvis excommuni-
catlonls suspenslonis ac Interdicti allisque ecclesiasticis
sententiis censuris et penis, a jure vel ab homlne quavis
occaslone vel causa latls, slqulbus quomodolibet inno-
datus existis, ad effectum presentlum dumtaxat conse-
quendum harum serle absolventes et absolutum fore
censentes; Necnon omnia et singula beneficia eccleslas-
tlca cum cura et sine cura que etiam ex quibusvis
dispensatlonibus apostollcis obtines et expectas, ac in
quibus et ad que lus tibi quomodolibet competit,
quecunque, quotcunque et quallacunque sint eorumque
fructuum reddituum et proventuumveros annuos valores,
ac hujusmodi dispensationum tenores presentibus pro
expressis habentes, Tibi omnes et singulos fructus
reddltus et proventus canonicatus et prebende ac
annexorum predictorum slqui sint per te, quo ad vixeris,
vel allum seu alios tuo nomine propria auctoritate,
perciplendos colllgendos et leuandos, ac in tuos usus
et utilitatem convertendos loco pensionis annue, dicta
auctoritate tenore presentlum reservamus concedlmus
et asslgnamus : Tiblque quod cedente vel decedente
dicto Thoma, seu Canonlcatum et prebendam predictos
alias quomodolibet dimittente vel amittente, et illis quo-
vlsmodo vacantlbus, etiam apud sedem apostolicam,
liceat tibi ad lUos liberum habere regressum illorumque
corporalem possessionem per te vel alium seu alios.

17
propria auctoritate, libere apprehendere et tam tui priorls
titull quam presentlum lltterarum vigore, absque alia
tibi de illis de novo facienda provisione, ut prius retinere
in omnibus et per omnia, perinde ac si Illos minime
resignasses, auctoritate et tenore premissis,ipsius Thome
ad premlssa omnia, per dllectum filium Adam Sympson,
Canonicum Moravlensem, procuratorem suum, ad hoc
ab eo speciallter constitutum, expresso accedente con
sensu Indulgemus ; Non obstantlbus constitutionlbus,
ordlnationlbus apostollcis ac dicte ecclesle, juramento,
confirmatlone apostolica vel quacumque firmltate alia
roboratis statutis et consuetudinibus ceterlsque con-
trariis quibuscumque ; Volumus autemque ex fructlbus
redditlbus et proventibus hujusmodi, quamdiu illos
perceperls, omnia elsdem Canonicatui et prebende
incumbentia onera perferre omnino tendaris ; Nulli
ergo omnino homlnum liceat hanc paginam nostri
absolutionis, reservatlonis, concessionis, assignationis et
indulti Infrlngere, vel el ausu temerario contraire :
Si quis autem hoc attemptare presumpserit, Indlgna-
tionem omnipotentis Dei ac beatorum Petri et Pauli
apostolorum eius se noverit incursurum ; Datum Rome
apud Sanctum Petrum Anno Incarnatlonis domlnlce
Millesimo quingentesimo vigeslmo secundo, Tertio Die
Februaril, Pontificatus nostri anno primo.

Translation.
Adrian, bishop, Servant of the Servants of God, to
our beloved son William Baize clerk, lately Canon of
Glasgow,^ Health and Apostolic blessing ; The honesty
^ A Bull never expressed but one title. It did not say " canon of such
a cathedral and rector of such a parish church," because it was not proper
that one should be a pluralist even in titles.

i8
of life and manners and other praiseworthy merits of
probity and virtues ' for which you are commended
by testimony trustworthy In our sight, induce us
favourably to grant to you those things which we
perceive will tend to your advantage ; Whereas there
fore you will to-day, by your undoubted procurator to
that effect specially constituted by you, have voluntarily
and freely resigned Into our hands the Canonry and pre
bend known as Barlanerik or Provand in the Church of
Glasgow, which you will then hold ; And that we
accepting that resignation may by apostolic authority
collate, by other our letters, the foresaid Canonry
and prebend thus vacant by the same resignation and
heretofore by apostolic disposition reserved with pleni
tude of Canon's right ^ to our beloved son Thomas
Baize Canon of Glasgow with whatever Is annexed to
them and all their rights and pertinents, and further may
provide regarding the same as In said letters is more
fully contained : We desiring that you shall not suffer
loss by reason of the said resignation and concerning the
absence of support to provide assistance, and from
regard to your recited merits to make a special grace,
and absolving in order and decreeing that you be
absolved from whatever sentences of excommunication,
suspension and interdict, and other ecclesiastical sen
tences, censures, and punishments, If any, pronounced
by law or by man on any occasion or for any cause
whereby you are affected to the effect only of obtaining
these presents f Likewise \S all and singular benefices
1 These words were held not to be probative of the fact, being the
" causa impulsiva," not the " causa finalis " of the grant, — mere narrative.
2 With plenitude of law, meant that one had a stall in the choir, a
voice in the chapter, the daily distributions, and other things pertaining
to the Canonry.
2 Rebuffi quaintly remarks that these and the succeeding clauses
spring from the signature like the Greeks from the Trojan horse.

19
ecclesiastical, with and without cure, which likewise by
any apostolic dispensations you may hold or expect,
and In and to which any right is competent to you,
whatever, how many soever, and of what nature soever
they may be, and holding as expressed in these
presents the true annual values of their fruits, rents
and profits and the contents of such dispensations, we
of said authority by tenor of these presents reserve
grant and assign to you as also all and singular fruits,
rents and profits of the Canonry and prebend and of
what Is annexed thereto as aforesaid whatever they be,
to be by you during your life by yourself or by any
other or others in your name, by your authority taken,
collected, and levied and to your own uses and profit
converted In place of an annual pension : And we
grant that it shall be lawful for you if the said Thomas
give up possession or die or In any other manner
demit or lose the said Canonry and prebend and they
in any manner of way become vacant even at the
Apostolic See to have free re-entry to them and of
your own authority freely to take corporal possession
thereof by yourself or by another or others, and as
well by force of your own prior title as of these present
letters, without any other provision regarding them to
be made of new, to hold them as formerly In all points,
and to every extent as if you had never resigned by
authority and tenor foresaid, and that by the express
consent of the said Thomas to all the premises, through
our beloved son Adam Sympson Canon of Moray his
procurator, to this effect specially constituted ; Not
withstanding constitutions and ordinances apostolic
and of the said church, fortified by oath, apostolic con
firmation or In any other manner of way and statutes,
customs, and others to the contrary whatsoever; And
further we will that as long as you take the fruits, rents

20
and profits foresaid you sustain in all respects the
burdens incumbent on said Canonry and prebend ; Let
no man then infringe this page of our absolution, reser
vation, concession, assignation grant and indulgence
or by rash attempt contradict it : But if any one shall
presume to attempt this let him know that he will
incur the Indignation of God Omnipotent and of the
blessed Peter and Paul his Apostles : Given at Rome
at Saint Peter in the year of the Incarnation of our
Lord One thousand five hundred and twenty two, on
the third day of February, the first year of our Ponti
ficate.' *The date is apparently, according to our reckoning, 3rd February,
1523. The beginning of the year varied greatly. At Milan it commenced
at Christmas ; at Florence upon 25th March. The Roman practice gener
ally accorded with the Milanese, but each Pope acted very much according
to his own fancy. Here 3rd February is given as in the first year of Adrian's
pontificate. Now, although he was elected on 9th January, 1522, he was
not crowned until 31st August following, and the pontifical year began
from the day of consecration and coronation, because, according to
custom, the Pope does not previously introduce his pontificate into the
date. Prior to this he says " suscepti a nobis ApostolatuS officii Anno
primo." See Corradus, Praxis Dispensationum ApostoL II. 7, No. 50, p.
41. Sir Harris Nicolas, Chronology of History, pp. 46, 197.

YALE UNIVERSITY LIBRARY

3 9002 03720 9807