Judicial proceedings: acts of the lords auditors of causes and complaints

Fifth day of parliament, namely 11 October, in the presence of the aforesaid lords auditors

In the action and cause of summons moved by John of Cairncross, pursuer, on the one part, against John of Balbirnie of Inverychty,on the other part, touching the giving over of an annual [rent] of eight merks of the lands of Inverychty and the receiving of the sum of money from the said John of Cairncross to redeem the said annual, the evidence, reasons, rights and allegations of both the parties being heard, seen and understood, the lords of the council, fully advised, decree and deliver that the said John of Balbirnie shall, within the next 15 days according to the tenor of his reversion, receive the sum of money owed to him for the said annual, and immediately thereafter resign and give over the same annual to the said John of Cairncross without further delay; and if the said John of Balbirnie absents himself and refuses to receive the said sum within the said 15 days, it having been offered to him, that the said John of Cairncross shall furthermore thereafter enter into the said annual and hold and enjoy the same until the said John of Balbirnie receives the said sum and gives over the annual; and when he gives over the annual and delivers the charter to the said John of Cairncross, he is to deliver his reversion to him again.

  1. NAS, PA2/1, f.35r. Back
  2. Possibly Invereighty on Tayside (Ord. Surv. NO 4345). Back
  3. NAS, PA2/1, f.34r. Back
  4. Deleted - 'The action and cause between Alexander Ogilvy on the one part'. Back
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  6. NAS, PA2/1, f.35v. Back
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  8. NAS, PA2/1, f.36r. Back
  9. Deleted - 'of council'. Back
  10. NAS, PA2/1, f.36r. Back

The decision on the exception proposed by Walter Ogilvy's procurator against Alexander Ogilvy is to be continued until Monday at eight o'clock, with continuation of hours and days.

  1. NAS, PA2/1, f.35r. Back
  2. Possibly Invereighty on Tayside (Ord. Surv. NO 4345). Back
  3. NAS, PA2/1, f.34r. Back
  4. Deleted - 'The action and cause between Alexander Ogilvy on the one part'. Back
  5. NAS, PA2/1, f.34r-v. Back
  6. NAS, PA2/1, f.35v. Back
  7. NAS, PA2/1, f.35v. Back
  8. NAS, PA2/1, f.36r. Back
  9. Deleted - 'of council'. Back
  10. NAS, PA2/1, f.36r. Back

The lords decree and deliver that, because Andrew Turing, procurator to Ranald Cheyne of Straloch, of his own free will and consent, granted before the lords that, if Robert [Fleming], lord Fleming, would promise that the said Ranald renounced and gave over to him the office of bailiary of the lands of the barony of Monycabo, lying within the sheriffdom of Aberdeen, and granted to him for all the days of his life by the said Robert, he, the said Andrew as procurator to the said Ranald, should immediately discharge and give over the said office to the said Malcolm Fleming of [...]. Robert, lord Fleming, in the presence of the lords auditors of complaints, testified and swore that the said Ranald renounced and gave over the said office to him earlier. For which reason it was decreed by the lords auditors of complaints that the said Ranald should cease from all administration and execution of the said office in time to come, and immediately thereafter, in presence of the lords, the said Andrew Turing, procurator foresaid, gave over the said office and delivered up the letter of bailiary that was made to the said Ranald earlier.

  1. NAS, PA2/1, f.35r. Back
  2. Possibly Invereighty on Tayside (Ord. Surv. NO 4345). Back
  3. NAS, PA2/1, f.34r. Back
  4. Deleted - 'The action and cause between Alexander Ogilvy on the one part'. Back
  5. NAS, PA2/1, f.34r-v. Back
  6. NAS, PA2/1, f.35v. Back
  7. NAS, PA2/1, f.35v. Back
  8. NAS, PA2/1, f.36r. Back
  9. Deleted - 'of council'. Back
  10. NAS, PA2/1, f.36r. Back

11 October

In the action and cause moved by Alan Laundels, on the one part, against Sybil Pierson, Marion Pierson and Alan Steven, the heirs of the late Thomas Pierson, on the other [part], that touching the warrandice of certain acres of land lying in the town and territory of the Blackness which was lately the said Thomas Pierson's, both the parties being present and their evidences, reasons and rights being seen, heard and understood at length, the lords, fully advised, decree and deliver that the said Alan Laundels shall have and enjoy the said lands for the annual [rent] contained in his letter until he is satisfied and paid the sum of £10 wholly and together on a day according to the tenor of the letter and obligation made to him thereupon by the said parties, and that the said Sybil, Marion and Alan shall warrant him the said lands as is stated.

  1. NAS, PA2/1, f.35r. Back
  2. Possibly Invereighty on Tayside (Ord. Surv. NO 4345). Back
  3. NAS, PA2/1, f.34r. Back
  4. Deleted - 'The action and cause between Alexander Ogilvy on the one part'. Back
  5. NAS, PA2/1, f.34r-v. Back
  6. NAS, PA2/1, f.35v. Back
  7. NAS, PA2/1, f.35v. Back
  8. NAS, PA2/1, f.36r. Back
  9. Deleted - 'of council'. Back
  10. NAS, PA2/1, f.36r. Back

In the action and cause brought by the friars of Dumfries against the sheriff of Roxburgh touching certain castle wards.

  1. NAS, PA2/1, f.35r. Back
  2. Possibly Invereighty on Tayside (Ord. Surv. NO 4345). Back
  3. NAS, PA2/1, f.34r. Back
  4. Deleted - 'The action and cause between Alexander Ogilvy on the one part'. Back
  5. NAS, PA2/1, f.34r-v. Back
  6. NAS, PA2/1, f.35v. Back
  7. NAS, PA2/1, f.35v. Back
  8. NAS, PA2/1, f.36r. Back
  9. Deleted - 'of council'. Back
  10. NAS, PA2/1, f.36r. Back

11 October

The lords decree and deliver that Elizabeth, the spouse of the late Adam of Hanganside, shall peaceably possess and enjoy her joint infeftment of the lands of Little Newtoun, lying in Lauderdale, unvexed and undisturbed by [Patrick] of Hanganside, and that letters be written to the bailie of Lauderdale charging him to clear and rid the said lands of the said Patrick, and to keep and defend the said Elizabeth undisturbed in possession and enjoyment of the same in time to come, and also to make the said Patrick satisfy and pay her the mails and the profits of the said lands for all the time since he removed her from them, and that he take lawborrows that she be uninjured by him in the future.

  1. NAS, PA2/1, f.35r. Back
  2. Possibly Invereighty on Tayside (Ord. Surv. NO 4345). Back
  3. NAS, PA2/1, f.34r. Back
  4. Deleted - 'The action and cause between Alexander Ogilvy on the one part'. Back
  5. NAS, PA2/1, f.34r-v. Back
  6. NAS, PA2/1, f.35v. Back
  7. NAS, PA2/1, f.35v. Back
  8. NAS, PA2/1, f.36r. Back
  9. Deleted - 'of council'. Back
  10. NAS, PA2/1, f.36r. Back

David Sinclair stands as lawborrow for Patrick Hanganside, that the said Elizabeth shall be unharmed by him.

  1. NAS, PA2/1, f.35r. Back
  2. Possibly Invereighty on Tayside (Ord. Surv. NO 4345). Back
  3. NAS, PA2/1, f.34r. Back
  4. Deleted - 'The action and cause between Alexander Ogilvy on the one part'. Back
  5. NAS, PA2/1, f.34r-v. Back
  6. NAS, PA2/1, f.35v. Back
  7. NAS, PA2/1, f.35v. Back
  8. NAS, PA2/1, f.36r. Back
  9. Deleted - 'of council'. Back
  10. NAS, PA2/1, f.36r. Back