9 May 1471

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

9 May, fourth day of parliament

The lords decree and deliver that the said John of Carmichael shall use and enjoy the tack of the said lands of Oxendean according to the form and tenor of the letter of tack made to him thereupon by John Haliburton of Sawlin, because the said William of Douglas failed to prove on the day appointed to him his allegation that he had tack of the said lands of the said John before the tack made to the said John of Carmichael, and therefore [the lords] ordain our sovereign lord's [letters] to be directed to withdraw from and clear the said lands to the said John of Carmichael.

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9 May

The lords auditors appoint the 24 of this May, with the continuation of days, for the prioress and convent of Haddington to prove before the lords of council that [John Hay], lord of Yester, the lord of Makerstoun and the persons contained in the summons have occupied the lands of Nunhope, which the said prioress had previously occupied from the time the lords of council had given the decreet, which being proved [the lords] ordain all those persons to be imprisoned and punished by the lords of council as is fitting, and the profit of the land is to be delivered to the prioress and convent.

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  2. NAS, PA2/1, f.70r. Back
  3. NAS, PA2/1, f.70r. Back
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In the action and cause pursued by Elizabeth [Crichton], countess of Huntly, on the one part, against Andrew Mercer of Meikleour, on the other part, concerning the spoliation of 16 oxen from the lands of Netherdale taken by the said Andrew as an annual as he alleged, because it is granted by [George Gordon], earl of Huntly that there is an annual of £3 owed yearly to the said Andrew from the said lands, the lords auditors appoint 1 June next, with continuation of days, for the said Andrew to prove before the lords of council that he poinded or caused annual poinding of the said lands for the said annual and that he was stopped by force in the raising thereof, and he is to be paid thereof and so many terms as he may prove he poinded for, he to be paid thereof for the said oxen; and if the oxen are of more value he is to restore the difference, and the lords of council are to be provided with proof of what they were worth at the time they were taken, and they ordain the said Andrew to take letters to summon his witnesses.

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At Edinburgh on the 9 May 1471, before the lords auditors of complaints, William [Forbes], lord Forbes promised and obliged himself to restore and return to Andrew Wallace two oxen, one of them three years old and the other four years old, and four cows and a two-year old cow, which he had previously taken from the said Andrew for Henry Garden's debts, notwithstanding that he did not dwell on Henry Garden's lands but on the lady's third.

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Regarding the action and cause debatable between Malcolm Fleming and John Drummond of Stobhall, concerning certain goods taken from the lands of Drippis for certain fines, because it had been previously appointed to the said Malcolm to have proved that the said goods were improperly taken by the said John Drummond, [but] he had failed to prove it, the lords auditors therefore appoint the 24 May, with continuation of days, for the said John Drummond to prove that he caused his servant to take the said goods and price the same for his fines properly as is fitting.

  1. NAS, PA2/1, f.69v. Back
  2. NAS, PA2/1, f.70r. Back
  3. NAS, PA2/1, f.70r. Back
  4. NAS, PA2/1, f.70r. Back
  5. NAS, PA2/1, f.70v. Back