Parliamentary Record

14 March 1461

Judicial proceeding: act of the lords auditors of causes and complaints

In the parliament of the most excellent prince and lord the lord James III, by the grace of God most illustrious king of Scots, held at Edinburgh on 14 March 1460 [1461], before certain lords of the three estates written below commonly chosen in the same parliament, namely Andrew [Durisdeer], bishop of Glasgow, Thomas [Lauder], bishop of Dunkeld, the noble lords Andrew [Stewart], lord Avondale, chancellor of Scotland, George [Douglas], earl of Angus, William [Sinclair], earl of Orkney and Caithness, lord Sinclair, Patrick [Graham], lord Graham, William [Borthwick], lord Borthwick, Alexander [Lyon], lord Glamis, Andrew [Gray], lord Gray, Walter Lindsay of 'Kinblac hinour', Master George Liddale, secretary of our lord the king, Sir Walter Graham, knight, William Cranstoun and Thomas Lamont, personally compeared Sir David Hay of Yester, knight, on one side, and Edmond Hay, his brother, on the other, concerning the lands of Morham, and certain other lands and annual rents known as the debateable parts, and concerning the disagreement regarding the said lands and annual rents at pledge, it was delivered in this way:

The lords decree and discern in the action and cause between Sir David Hay of Yester, knight, on the one part, and Edmond Hay, on the other part, touching the lands of Morham and other lands underwritten, that the act made in our sovereign lord's parliament, King James II that last died, on 29 January 1449 [1450], for John of Dunrod against the said Sir David Hay, touching the lands of Morham, be executed, fulfilled and kept, saving three acres of the 'thynnis' of Morham, and about it, upon the which the towers and house of Morham are built, upon which the lords do not acclaim, but continue the question and debate thereof until Wednesday 11 days after Easter, which shall be 15 April next to come, with continuation of days, at Stirling or where the king's council happens to be for the time. On which day and at that place the said David and Edmond are charged and peremptorily summoned by the said lord chancellor in the king's name with all their charters, writs, evidences and rights, that they would show before the council for their right of the said three acres, and to hear them let to borgh. With intimation, etc. And thereafter the said lords ordained and decreed that the said lands of Morham except the said three acres be let to borgh to the said Sir David, together with the lands called Walkmylne of Wyndam, the Soumys of Pontonis lands, Lachis Land in Duncanlaw, and 12 merks of annual rent of Yester, received in our sovereign lord's hand before, which, except the said three acres, the said lord chancellor let to borgh in the king's name to the said Sir David. And also the said lords have charged and ordained that no persons come to the contrary of this decreet, nor occupy nor manure the said lands, nor make any disturbance of them in other ways than the law allows, saving the persons who ought to manure them by law.

  1. NAS, GD28/123. Contained in a royal transumpt and ratification of 31 March 1461. Back