People of Medieval Scotland
1093 - 1371

Document 2/140/98 (Reg. Greg. IX, no. 6025)

Description
[Pope Gregory IX] commands the archdeacon, chancellor and precentor of York, concerning a cause between Nicholas de Karden, knight, and C[ecilia], his wife, and the abbot and convent of Dundrennan, in the diocese of Whithorn, about C[ecilia]’s dower. They complain that when the case was brought from the hearing of the abbot of Jedburgh to the pope, who committed it to the archdeacon of St Andrews and his colleagues, the nobleman Alan de Galloway, temporal lord of N[icholas] and C[ecilia], forced them, by taking their goods, into a composition injurious to them. After Alan’s death, by an appeal to the pope, they obtained letters to the abbot of Tongland and the dean and the official of Glasgow, but as the dean and official were distant more than two day’s journey from the monastery, whose abbot and convent are freed by papal indult from citation to that distance, the process could not be held. They then sent their proctor to Rome, but the other party getting before the proctor and pretending that he appealed from the abbot of Tongland and his colleagues, in that they admitted R. the son of N[icholas] and C[ecilia], as a witness in the cause, obtained papal letters to the abbot of Dryburgh and his colleagues, before whom it was excepted on the part of N[icholas] and C[ecilia], that these letters made no mention of the former ones addressed to the abbot of Jedburgh and the archdeacon of St Andrews, nor of the processes and the composition, so that by them they ought not to proceed. This objection was overruled by the abbot of Dryburgh, whereupon N[icholas] and C[ecilia], appealed to the pope, but the judges, disregarding this, excommunicated them. Meanwhile the proctor obtained papal letters to the dean of York and his colleagues, ordering them, on the production of all letters obtained on either side, to terminate the cause, or, if not, to remit it to the pope. These letters not being yet presented, the abbot of Dundrennan, to compel them by labours and expenses to cease from prosecuting their right, came to Rome and obtained R[inaldo], cardinal of S. Eustace to hear the cause, who revoked the letters to the dean of York and remitted the parties to the abbot of Dryburgh, on which N[icholas] and C[ecilia], against appealed to the pope to put an end to the cause. The pope orders the above to relax provisionally the sentence of excommunication, and having all the documents before them to hear the cause and terminate it. If not, to remit it to the pope, ordering the parties to appear personally or by proctors, notwithstanding the said indult to the abbot of Dundrennan, and to the king of Scotland, that his men may not be summoned out of the kingdom by papal letters.
Firm date
17 April 1241
Dating Notes
15 kal. May, pontifical year 15
Place date (modern)
Lateran
Place date (document)
Laterani
Related Place
Lateran
Source for Data Entry
Registres de Gregoire IX, no. 6025
Trad. ID
Reg. Greg. IX, no. 6025
Calendar number
2/140/98
Charter type
Papal letter
Language
Latin
Notes
Ferguson, Medieval Papal Reps., App. I, no. 53

Total number of associated factoids: 22

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Date Short Summary Primary Witnesses
unavailable Appointment of papal judges-delegate no
unavailable Concession concerning summons to court no
unavailable Appointment of papal judges-delegate no
unavailable Appointment of papal judges-delegate no
17 Apr. 1241 Appointment of papal judges-delegate yes