Notarial Instrument of Citation delegated by the Papal See, 14th January 1536

Notarial Instrument of Citation, directed to all and singular, rectors, vicars, perpetual chaplains, curates, presbyters, clerks, notaries, and others in the diocese of St. Andrews and elsewhere within the kingdom of Scotland, required to execute the premises, by William Gibson, dean of Restalrig, and Richard Lawson, archdeacon of Sodor or the Isles, and [ ] provost of St. Bothans, judges, executors, and commissaries, delegated by the Papal See in terms of letters, dated at Rome, 13th May 1535, from Pope Paul III, which citation sets forth that said letters were presented before the commissaries by Mr. John Lethame, sub-dean of the collegiate church of the Holy Trinity, near Edinburgh, procurator for William Cockburn, and were to the effect that William Cockburn, lord in temporalities of the place of Cockburn, had shown to the holy See that John, prior, and the convent of Pittenweem, with consent of Patrick, prior of St. Andrews, and his convent—because of a sum of money paid to them by Cockburn to meet a tax then to be paid to King JamesV - had leased in feu-farm to the said William Cockburn the lands of Maysheill in the county of Berwick, he paying to the monastery a yearly rental of £5 Scots; to be held 'to him for a feu of ten merks Scots yearly, being an augmentation of two merks, 6s. 8d. [33s. 4d], and not to exceed £2 sterling: which feu-farm Cockburn desired should be ratified by papal authority, and to this end the commissaries were duly appointed; who, after the presentation of the letters, were requested by Mr. John Lethame to proceed to execute them, and they, considering the request just and reasonable, and being willing to obey the apostolic mandate, require the said rectors and others, in virtue of holy obedience and under pain of excommunication conferred in the papal letters, to cite the said John and Patrick, priors of Pettinweme and St. Andrews, and all others having interest, in their own persons, if they can conveniently apprehend them personally, or in the said monastery of Pettinweme publicly at the time of divine service, first, second, third, and peremptorily the third time, at one discourse, for a triple edict, whom the commissaries also shall cite by the tenor of the presents, to appear before them in the aisle of St. Thomas apostle, in the collegiate church of St. Giles, Edinburgh, to see and hear a charter of feu-farm made, given, and completed by the said venerable father, prior John, with assent of the chapter of the monastery, under their common seal and subscriptions, of and upon the said lands of Mayscheill, to the said William Cockburn, his heirs-male and assignees, in feu-farm, to be judicially produced and exhibited before the commissaries, and also to see and hear the letting and assedation approved and ratified by them under apostolic authority, and duly confirmed, and the prior and convent declared to be bound to the observance of the contract, silence to be imposed upon all so cited and not appearing; also to see witnesses sworn and received upon the contents of the apostolic letters, and others to be inquired of and to be interrogated and examined by them; with certification that whether those cited appear or do not appear, the judges purpose to proceed according to the form of the apostolic letters, ministering justice notwithstanding the absence or contumacy of those cited. Further, the commissaries require that John Forester of Gammilschelis, William Denys in Hanchissyde, Thomas Patersoun, Thomas Cauldcleuch, John Patersoun, William Martyn, Alexander Lambe, and Robert Davy, be cited to appear before them as witnesses. In testimony of all which, the judges have ordered this public instrument to be subscribed and published by the underwritten notary in the present matter in their presence, in the lodging of the said dean of Restalrig, of St. Andrews diocese, on 14th January 1535-6, Mr. Hugh Rig, John Maxwell, and Sir Thomas Gothrasoun, witnesses, the subscribing notary being William Stevenstoun, of St. Andrews diocese, notary public by apostolic authority and clerk depute in the premises. Small oval seal, the Virgin standing with Child in her arms. Legend imperfect.

On the back of the instrument are indorsed four executions. The first states that on Sunday, 27th February 1536, Mr. Thomas Wemys, clerk of St. Andrews diocese and notary public by apostolic authority, cited, in terms of the presents, the venerable father in Christ, Patrick [Hepburn], prior of the metropolitan church of St. Andrews, personally apprehended; witnesses, Mr. John Hepburne of Benstoun, Patrick Cokburne of Newbegyn, Thomas Ogilvy, and Andrew Ogilvy : signed by Thomas Wemys.

(2) Another execution signed by him stating that on the same day and before same witnesses he cited the said prior and convent, and all having interest, in time of divine service, and intimated the citation to many persons, canons of said convent.

(3) Execution by Sir James Lyell, presbyter and chaplain, stating that he had duly cited the prior of Pettinweme, personally apprehended, before Mr. Alexander Ramsay and Thomas Spittell, on 28th February 1536.

(4) The said James Lyell on same date cited the prior personally and all others interested, and made intimation in time of divine service. Witnesses, Sir James Ramsay, vicar of Anstruder, and John Caddellis.