9 August 1471

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

9 August

The action and cause pursued by William Sinclair of Herdmanston, on the one part, against Marion Sinclair and Margaret Sinclair, the daughters and heirs of the late John Sinclair and the spouses of George Home and Patrick Home, on the other part, concerning the wrongful spoliation, taking up and withholding of the mails of the lands of Kynringeam and the mill of the same for the last three years, is referred by the lords of parliament to be determined before the judge ordinary because it is fee and heritage.

  1. NAS, PA2/1, f.81v. Back
  2. NAS, PA2/1, f.81v. Back
  3. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  4. DSL, 'a time "in which it is not lawful for courts to be held, execution to proceed, or any judicial step to be taken"'. Back
  5. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  6. NAS, PA2/2, f.82v. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  7. NAS, PA2/2, f.82r. NB, PA2/1, f. 82 and PA2/2, f. 82 have been transposed in binding. Back
  8. NAS, PA2/2, f.82v - PA2/1, f.83r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  9. NAS, PA2/1, f.83r. Back
  10. NAS, PA2/1, f.83r. Back

The action and cause pursued [by] Marion Sinclair and Margaret Sinclair, on the one part, against William Sinclair, on the other part, concerning the wrongful withholding of certain charters and evidence of the lands of Herdmanston, Carfra and Pencaitland, Templefield, Polwarth and Kynrigeam and a reversion of Hateschaw and Medil, and withholding of certain goods of inheritance pertaining to the said Marion and Margaret, as was alleged, is referred by the lords of parliament to be determined before the judge ordinary because it concerns fee and heritage.

  1. NAS, PA2/1, f.81v. Back
  2. NAS, PA2/1, f.81v. Back
  3. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  4. DSL, 'a time "in which it is not lawful for courts to be held, execution to proceed, or any judicial step to be taken"'. Back
  5. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  6. NAS, PA2/2, f.82v. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  7. NAS, PA2/2, f.82r. NB, PA2/1, f. 82 and PA2/2, f. 82 have been transposed in binding. Back
  8. NAS, PA2/2, f.82v - PA2/1, f.83r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  9. NAS, PA2/1, f.83r. Back
  10. NAS, PA2/1, f.83r. Back

The lords of parliament decree and deliver that the process of the brieve of right purchased by Robert of Spens against James Norie and Robert Norie, his son, touching the lands of Kittidy, proceeded and led before the sheriff of Fife and his deputies, is unlawfully and improperly processed because the last court of assise where the judgement was given was within feriat time on Good Wednesday in Passion week, and therefore they determine that the said process, the sasine and possession and all other things dependent on the said brieve are of no value, strength, force or effect in time to come.

  1. NAS, PA2/1, f.81v. Back
  2. NAS, PA2/1, f.81v. Back
  3. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  4. DSL, 'a time "in which it is not lawful for courts to be held, execution to proceed, or any judicial step to be taken"'. Back
  5. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  6. NAS, PA2/2, f.82v. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  7. NAS, PA2/2, f.82r. NB, PA2/1, f. 82 and PA2/2, f. 82 have been transposed in binding. Back
  8. NAS, PA2/2, f.82v - PA2/1, f.83r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  9. NAS, PA2/1, f.83r. Back
  10. NAS, PA2/1, f.83r. Back

The lords decree and deliver that John of Halkstone shall satisfy and pay John of Ugston the sum of £30 for which he is bound to the said John Ugston for the mails of the lands of Vogrie by his obligation under his seal shown and produced in his presence before the lords, and the said John of Ugston has, at the request of the lords, granted [a] day for the payment of the said sum to the said John of Halkstone for next Martinmas [11 November].

  1. NAS, PA2/1, f.81v. Back
  2. NAS, PA2/1, f.81v. Back
  3. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  4. DSL, 'a time "in which it is not lawful for courts to be held, execution to proceed, or any judicial step to be taken"'. Back
  5. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  6. NAS, PA2/2, f.82v. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  7. NAS, PA2/2, f.82r. NB, PA2/1, f. 82 and PA2/2, f. 82 have been transposed in binding. Back
  8. NAS, PA2/2, f.82v - PA2/1, f.83r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  9. NAS, PA2/1, f.83r. Back
  10. NAS, PA2/1, f.83r. Back

The lords decree and deliver that Master John Lyon, Master James Lyon, Thomas Lyon, Janet Campbell and Alexander Brandane shall restore and return to Katherine Gardner nine oxen, three cows with calves, three young nolt and a mare, which were taken from the lands pertaining to the Lord Monypenny, because the action for which the goods were taken is through a sentence of the spiritual court and a spiritual action, and the party is standing under appeal, notwithstanding our sovereign lord's other letters directed previously in this matter, until the matter comes to the king lawfully by letters of caption.

  1. NAS, PA2/1, f.81v. Back
  2. NAS, PA2/1, f.81v. Back
  3. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  4. DSL, 'a time "in which it is not lawful for courts to be held, execution to proceed, or any judicial step to be taken"'. Back
  5. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  6. NAS, PA2/2, f.82v. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  7. NAS, PA2/2, f.82r. NB, PA2/1, f. 82 and PA2/2, f. 82 have been transposed in binding. Back
  8. NAS, PA2/2, f.82v - PA2/1, f.83r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  9. NAS, PA2/1, f.83r. Back
  10. NAS, PA2/1, f.83r. Back

The action and cause pursued by Henry [Abercrombie], abbot of Cambuskenneth and his convent, on the one part, against Alexander Seton, on the other part, concerning the spoliation of the fruits and teinds of the church of Tullibody, taken up by the said Alexander as tenant-farmer to Dean Thomas Masterton, canon of Cambuskenneth, as was alleged, and pertaining to the said abbot and convent as they alleged, is remitted by the lords of council to the ordinary judge because the matter is spiritual.

  1. NAS, PA2/1, f.81v. Back
  2. NAS, PA2/1, f.81v. Back
  3. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  4. DSL, 'a time "in which it is not lawful for courts to be held, execution to proceed, or any judicial step to be taken"'. Back
  5. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  6. NAS, PA2/2, f.82v. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  7. NAS, PA2/2, f.82r. NB, PA2/1, f. 82 and PA2/2, f. 82 have been transposed in binding. Back
  8. NAS, PA2/2, f.82v - PA2/1, f.83r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  9. NAS, PA2/1, f.83r. Back
  10. NAS, PA2/1, f.83r. Back

The lords ordain that letters be written to the sheriff of Edinburgh charging him to make an enquiry into whether the mills now built on the lands of Balerno are built on the lands pertaining to the provost and college of the Trinity beside Edinburgh, or upon the lands pertaining to the laird of Ruthven, warning both the parties to be present at the said enquiry and that he should retour again what shall be found by the same on the fourth day of next October, with continuation of days, close under his seal.

  1. NAS, PA2/1, f.81v. Back
  2. NAS, PA2/1, f.81v. Back
  3. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  4. DSL, 'a time "in which it is not lawful for courts to be held, execution to proceed, or any judicial step to be taken"'. Back
  5. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  6. NAS, PA2/2, f.82v. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  7. NAS, PA2/2, f.82r. NB, PA2/1, f. 82 and PA2/2, f. 82 have been transposed in binding. Back
  8. NAS, PA2/2, f.82v - PA2/1, f.83r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  9. NAS, PA2/1, f.83r. Back
  10. NAS, PA2/1, f.83r. Back

The lords appoint 4 October next, with continuation of days, for Isobel, the spouse of the late John Sinclair of Herdmanston, to prove that George of Borthwick and Geoffrey Fleming destroyed her corn and meadow and what damage she has sustained through that, and also to prove that they struck and injured her chaplain Sir William Stevenson, and ordain her to have letters to summon her proof and her party to hear them sworn.

  1. NAS, PA2/1, f.81v. Back
  2. NAS, PA2/1, f.81v. Back
  3. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  4. DSL, 'a time "in which it is not lawful for courts to be held, execution to proceed, or any judicial step to be taken"'. Back
  5. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  6. NAS, PA2/2, f.82v. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  7. NAS, PA2/2, f.82r. NB, PA2/1, f. 82 and PA2/2, f. 82 have been transposed in binding. Back
  8. NAS, PA2/2, f.82v - PA2/1, f.83r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  9. NAS, PA2/1, f.83r. Back
  10. NAS, PA2/1, f.83r. Back

The lords decree and deliver that letters be written to the sheriff charging him to withdraw from and clear four merks worth of the lands of Hangingshaw of Sir Archibald Baillie and his goods to be used and enjoyed by Master John Menzies according to the form and tenor of the tack made to him thereupon by Agnes Sibbald.

  1. NAS, PA2/1, f.81v. Back
  2. NAS, PA2/1, f.81v. Back
  3. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  4. DSL, 'a time "in which it is not lawful for courts to be held, execution to proceed, or any judicial step to be taken"'. Back
  5. NAS, PA2/2, f.82r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  6. NAS, PA2/2, f.82v. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  7. NAS, PA2/2, f.82r. NB, PA2/1, f. 82 and PA2/2, f. 82 have been transposed in binding. Back
  8. NAS, PA2/2, f.82v - PA2/1, f.83r. NB, PA2/1, f.82 and PA2/2, f.82 have been transposed in binding. Back
  9. NAS, PA2/1, f.83r. Back
  10. NAS, PA2/1, f.83r. Back