postulated1 to the vacant office-that is to say, he was unanimously elected by the Prior and Convent of St Andrews,2 with whom at that time the power of electing apparently lay; and yet, notwithstanding this unanimity of choice and desire on the part of clergy and people alike to have Galfrid, the King (Alexander II.) interfered,3 the proceedings were cancelled, a new writ was issued, and the Court favourite, David de Bernham, ultimately became Bishop of St Andrews. The following is Wynton's account of the matter (Oryg. Chron., vol. ii. p. 272, Skene):

"And efftyre that this William was dede,
Thare postulyd was intil his sted,
Off Dunkeldyn the Byschape

Joffray. But till hym the Pape
Be na way grawnt wad hys gud will;
Bot leve the chanownys he gave till

1 "A bishop is said to be postulated when he has been already in possession, or is only elect of another see. For the Canon Law supposes that a bishop is married to his diocese, and so cannot be elected into another. However, it allows a bishop already in possession, or only elected into a see, to be postulated by another, and that such bishop may be removed or translated to the other see; only the word advanced or promoted must not be used. [See Archbishop Chicheley's Life, p. 37.] Another sense of the word postulation is, when two-thirds of the votes do agree in the election." —(Keith, Cat. of Scot. Bish., p. 19.)

2 In all probability the Culdees still occupied the convent, and took part in the election.

3 Spottiswoode, lib. ii. p. 43; Keith, Cat. of Scot. Bish., p. 16.

Agayne to mak electyown,

And for to ches a gud person.

Then chesyd thai Dawy off Barname,
Ane honest clerk and off guid fame,
Chwmyrlane that time off Scotland;
That to the Pape wes welle lykand.
And in Scotland by byschapes thre
Confermyd and sacryde bathe wes he,
Off Glasgw, Brechyn, and Catenes;

This Dawy by theme mad byschape wes."

On the 1st October 1239, the following Bull was issued from Avignon by Gregory IX., making the appointment of David de Bernham.

"GREGORIUS EPISCOPUS, etc. Venerabilis fratCathanensi et

ribus

Glasguensi,

Brechenensi Epis., salutem, etc. Postulatione facta pridem de venerabili fratri nostro Dunkeldensi Epo. in vacante ecclesia Sancti Andree de Scotia, que ad nos nullo medio pertinet, non admissa, et dilectis filiis Priori

et Conventui eiusdem ecclesie a nobis iterum eligendi potestate concessa, ipsi, prius a carissimo in Christo filio nostro Illustri Rege Scotie iuxta morem petita et obtenta eligendi licentia, vocatis omnibus, qui debebant et poterant evocari, prefixa electioni die, convenientes in unum vota sua in dictum Priorem et quatuor alios ex eisdem Canonicis contulerunt, qui pari voto et unanimi voluntate dilectum filium Magistrum David de

Bernham subdiaconem, Camerarium Regis eiusdem, virum utique genere nobilem, ornatum moribus et scientia, ac in spiritualibus et temporalibus circumspectum, in suum Episcopum elegerunt. Nos quidem electionem ipsam, cui dictus Rex assensum suum prebuisse dicitur, examinari sicut convenit facientes, quia per Magistrum Riccardum Vairement canonicum secularem et procuratorem eiusdem ecclesie, uno canonicorum sublato de medio, et altero gravi infirmitate detento, qui propter hoc cum ipso Ric. ad presentiam nostram destinati fuerant, de premissis fieri non potuit plena fides, fraternati vestre per apostolica scripta mandamus, quatenus inquisita de modo electionis, studiis[que] eligentium, et electi meritis diligentius veritate, si electionem ipsam inveneritis de persona idonea canonice celebratam, ipsam auctoritate apostolica confirmantes, faciatis eidem electo obedientiam et reverentiam debitam exhiberi, ac munus consecrationis impendi, recepturi ab eo prius pro nobis et ecclesia Romana fidelitatis solite iuramentum iuxta formam, quam vobis sub bulla nostra mittimus interclusam. Forma autem iuramenti, quod ipse prestabit, de verbo ad verbum nobis per eiusdem patentes litteras suo sigillo signatas per proprium nuncium quantocius destinetis. Alioquin eadem electione rite cassata,

faciatis ipsi ecclesie de persona idonea per electionem canonicam provideri. Contradictores, etc. Quod si non omnes, etc. Datum Anagnie Kalendis Octobris, Pontificatus nostri anno tertio-decimo."Theiner, Vetera Mon. Hib. et Scot., p. 36. (Pont. Ec. S. And., pp. vi, vii.)

The following is a free translation :—

Gregory, Bishop, &c. To the venerable brethren, the Bishops of Glasgow, Caithness, and Brechin, health, &c. The postulation made some time ago of our venerable brother the Bishop of Dunkeld to the vacant Church of St Andrews, in Scotland, which pertains immediately to us, not being admitted, and the power of electing being again conceded by us to the beloved sons-the Prior and Convent of the same church- they themselves in the first instance, according to custom, having sought and obtained liberty to elect from our dearest son in Christ, the illustrious King of Scotland, all parties being called, who ought and could be called, the day of election having previously been fixed, being assembled together, they gave their votes to the said prior, and four other of the same canons, who, with equal vote and unanimity, of consent elected as their bishop the beloved son, Mr David Bernham, sub-deacon, chamberlain of the same king,

a man truly of noble family, distinguished in manners and learning, and circumspect both in spiritual and temporal concerns: Being indeed desirous that this election, to which the said king is said to have yielded his consent, should be scrutinised, as may be convenient, because through Mr Richard Vairement, secular canon and procurator of the same church,—one of the canons being taken away in the interval, and another detained through severe affliction, who on account of this business were with Richard himself commissioned to our presence, full confidence cannot be placed concerning the premisses, -we by apostolic writing command your brotherhood, that having inquired so far as to the manner of the election, and the learning of those electing, and more particularly concerning the truth as to the merits of the person elected, if ye shall find the election to be of a proper person canonically made-confirming it by apostolic authority, ye shall cause due obedience and reverence to be shown to the same elected person, and the ceremony of consecration to follow, the accustomed oath of fidelity first of all, however, to be received from him to us and the Roman Church, according to the form which we send to you enclosed under our Bull. And the form of oath, which he shall