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

23 October, sixth day of parliament

Concerning the exception proposed by Walter Ogilvy's procurator against Alexander Ogilvy, alleging that the said Walter was not lawfully summoned, the lords deliver that, because the place where the said Walter was summoned was not a place of habitation nor a residence of his, therefore the summons is neither lawful nor of any value.

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  4. Deleted - 'the spoliation of'. Back
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  6. Sic. Back
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  8. Deleted - 'the tack of the lands'. Back
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  14. The acts of the lords auditors of October 1467 follow here, f. 38r-43v. Back

The lords decree and deliver that, because Walter Ogilvy caused Sir Ja[mes] Stewart and A[lexander] Ogilvy to be summoned on a particular day to the parliament, yet neither he himself nor his procurators compeared to pursue them, therefore he not be heard in judgement against them until he gives satisfaction and pays their expenses, to be specified by the lords.

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  4. Deleted - 'the spoliation of'. Back
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  6. Sic. Back
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  8. Deleted - 'the tack of the lands'. Back
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  14. The acts of the lords auditors of October 1467 follow here, f. 38r-43v. Back

David [Lindsay], earl of Crawford, protested that what has been decreed by the lords in the action between [Patrick Mador], abbot, and convent of Newbattle and James [Hamilton], lord Hamilton, concerning certain lead ore extracted from the free muir, should cause neither him nor his heirs any prejudice in the future, alleging the said matter to belong to him in his fee and heritage, and also that the said abbot has caused the said David himself to be called for the said cause.

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  4. Deleted - 'the spoliation of'. Back
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  6. Sic. Back
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  8. Deleted - 'the tack of the lands'. Back
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  14. The acts of the lords auditors of October 1467 follow here, f. 38r-43v. Back

Andrew Urie requested the lands of Forglen at pledge from [Malcolm Brydy], abbot of Arbroath, offering to do for them what he ought to do by law and sought an answer thereupon. To which he answered the said abbot saying that he would do what the law demands.

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  4. Deleted - 'the spoliation of'. Back
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  6. Sic. Back
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  8. Deleted - 'the tack of the lands'. Back
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  14. The acts of the lords auditors of October 1467 follow here, f. 38r-43v. Back

13 October

In the action and cause moved by Sir William Hay of Tallow against Sir David Hay of Yester, knight, touching the spoliation, occupation and detention of the lands of Moreham known as Boyd's Quarter and Linplum, pertaining to the said Sir William by reason of tack as he alleged, both the parties being present, the lords decree and deliver that the said Sir William Hay shall have and enjoy, untroubled and undisturbed by the said David, the tack of the said lands for the duration and according to the form of the letter of tack made by Robert [Boyd], lord Boyd to the late Edmond Hay of Tallow and his heirs, the father of the said William

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  4. Deleted - 'the spoliation of'. Back
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  6. Sic. Back
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  14. The acts of the lords auditors of October 1467 follow here, f. 38r-43v. Back

John Hay, the son of Sir David Hay, as procurator for his father, protested that that which was decreed by the lords in the said matter should neither prejudice his father nor his heirs, alleging the said lands belong to him in fee and heritage.

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  4. Deleted - 'the spoliation of'. Back
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  6. Sic. Back
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  14. The acts of the lords auditors of October 1467 follow here, f. 38r-43v. Back

The action that exists between [David Ramsay], prior of St Andrews, on the one part, and Sir William Leslie, on the other part, touching the lands of Seggieden, is, by the consent of the said prior and of Sir Andrew Leslie, procurators to the said Sir William, continued by the lords auditors of complaints before our sovereign lord and his council where his highness happens to be until 26 January next, with continuation, and both the said parties consented that the lords of our sovereign lord's council shall have the full power of the parliament and of all other courts for deciding the said action.

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  4. Deleted - 'the spoliation of'. Back
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  6. Sic. Back
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  8. Deleted - 'the tack of the lands'. Back
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  14. The acts of the lords auditors of October 1467 follow here, f. 38r-43v. Back

13 October, sixth day of parliament

In the action and cause moved by a venerable father in Christ, Patrick [Mador], abbot of Newbattle, on the one part, against James [Hamilton], lord Hamilton, on the other part, touching the spoliation and removal of 1,000 stone of lead ore, spulzied and taken from the said venerable father from his lands of free muir, as he alleged, both the said parties being personally present and their evidences, reasons and allegations being at length seen, heard and understood, the lords, fully advised, decree and deliver that the said James, lord Hamilton, had spulzied the said venerable father and his said lands of the said ore and therefore order him to restore and deliver once more to the said venerable father as much of the said lead ore as he may prove was taken out of his aforementioned lands. For the production of which proof, the lords assign him this 26 October instant, with continuation of days, before our sovereign lord and his council where his highness happens to be at the time, and orders him to have letters to summon his proofs. And the said Lord Hamilton is summoned according to the acts to hear them testified.

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  4. Deleted - 'the spoliation of'. Back
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  6. Sic. Back
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  14. The acts of the lords auditors of October 1467 follow here, f. 38r-43v. Back

Alexander [Lyon], lord Glamis has pledged himself, his lands and goods so that his mother and her tenants' lands and goods shall be unharmed by him and all that he may hinder, except as the law allows.

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  4. Deleted - 'the spoliation of'. Back
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  6. Sic. Back
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  14. The acts of the lords auditors of October 1467 follow here, f. 38r-43v. Back

The lords decree and deliver that our sovereign lord's letters be written charging Sir Alexander Forbes of Pitsligo to cease all intromitting with the lands of Fingask and the office of bailiary of the same pertaining to Sir Alexander Foster of Corstorphine, knight, until the time that he compears before the lords of council and shows what reason he has to intromit therewith, because he was peremptorily summoned to this parliament and did not compear to show any right on his behalf.

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  4. Deleted - 'the spoliation of'. Back
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  6. Sic. Back
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  8. Deleted - 'the tack of the lands'. Back
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  14. The acts of the lords auditors of October 1467 follow here, f. 38r-43v. Back