[1472/17]*[print] [email] [cite] [preceding] [following]
[?20-29 February] 1471 [1472]
The lords [auditors decree and deliver] that the said Euphame of Ceres shall use and enjoy the [...]met of the said orchard for her lifetime and that the said Robert and Margaret, his spouse, shall return and repay the said Euphame the mails of the said orchard for the said three years, and ordain that letters be written to distrenzie them for that and for 40s as a fine.
[1472/18]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Walter Oliphant of Kellie shall withdraw from and clear the lands called the common and 'stair' of Kellie for Henry Melville of Carnbee, to be used and enjoyed by the said Henry as property according to the form of the sentence and judgement given previously by the compromisers and by the authority and consent of our sovereign lord's justice and by a brieve of perambulation and according to the bounding contained in the same sentence and judgement. And as to the lands of Stell Hill contained in the summons, because these lands are called the Stell of Kellie Law in the said Henry's charter, that he take new summons thereupon if it pleases him. Also, concerning the tack of the lands of Baldotho claimed by the said Henry to pertain to him, the lords decree and deliver that the said Walter Oliphant use and enjoy the said tack according to the form and tenor of the decree of the arbiters given thereupon previously.
[1472/19]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Thomas of Johnston shall withdraw from and clear the tack of the lands of Fowlishawis for Agnes, the spouse of the late Alan Thomson, to be used and enjoyed by the said Agnes to the end of the five year tack made to her by Sir David Herries as curator to his father in plain court as was proved before the lords, and that the said Thomas shall satisfy and pay to the said Agnes eight merks for the two years' mail of the said lands wrongfully occupied by him and seven merks for the harm and injury which she sustained through the withholding of the said tack from her and for her expenses and [those of] the witnesses made in the pursuit of the said cause, [and] of these seven merks the said Agnes shall pay the four witnesses 20s for their costs, and the said Thomas to be fined 40s for his wrongful defence.
[1472/20]*[print] [email] [cite] [preceding] [following]
David Renton of Billie protested before the lords auditors of complaints that what the said lords attempted in the matter between the tenants of Elphinstone, Archibald of Todrig and [...] should not subject him or his cousin, Alexander of Graham, to any prejudice.†
[1472/21]*[print] [email] [cite] [preceding] [following]
David Renton of Billie set his hand, his lands and goods as lawborrow to our sovereign lord that Archibald of Todrig and the tenants of Elphinstone should be unharmed and uninjured by him, except as [allowed by] the course of common law according to the act of parliament.
[1472/22]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Ellen, the spouse of the late James Inglis, against James Baillie, son of Sir William Baillie of Lamington, for the wrongful demolition and removal of certain houses of the 'Schelehede' pertaining to her through tack, and to answer our sovereign lord regarding the breaking of the decree and judgement given previously by the lords of council in the said matter, both the said parties being present in person, the lords auditors of complaints decree and deliver that James Baillie shall build the houses in the same place that they were before and as good as they were at the time of demolition, and that the said Ellen shall enjoy and use the said tack according to the tenor of the act given previously by the lords of council thereupon. And as for the breaking of the previous decrees, because the said James made no innovation since the last decree, that he has not failed in the said matter. And that the said James [is to] pay the witnesses 10s for their costs, and that he [is] distrenzied for 40s as a fine.
[1472/23]*[print] [email] [cite] [preceding] [following]
William Baillie of Hoprig has become lawborrow that John Inglis shall be uninjured by James Baillie, except as the law allows, under the pain contained in the act of parliament.
[1472/24]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Alexander Muir of Bardrochat against James MacCulloch of Cardoness and Thomas MacCulloch, his bailie, for their unfair and improper proceeding serving of an inquest with Archibald Muir of six merks worth of land at Auchenflower, in contradiction to the forbidding, objection and allegation made by Andrew Agnew, advocate for the said Alexander and, in his name, alleging that the said Archibald is a bastard and showing that, by the laws of the realm, and challenging him to disprove those allegations, the said James and Thomas proceeded on the matters stated above, the said James being present in person and the said Thomas absent, the lords of council decree and deliver that the said James and Thomas did err in the serving of the said inquest and that the possession given to the said Archibald thereupon is of no value, force or effect, and that the said James be distrenzied as a fine of 40s for his wrongful defence. And because the said Thomas MacCulloch was lawfully and peremptorily summoned but did not compear, neither by himself nor through his procurators, that therefore letters be written to order him to make himself a ward of Edinburgh castle within the next 15 days after the order, there to remain, etc.
[1472/25]*[print] [email] [cite] [preceding] [following]
John of Moncur protested that, because Katherine of Ceres, the spouse of John of Whitsome, burgess of Perth, caused him to be summoned to her suit and did not compear to pursue him, neither by herself nor through her procurators, that therefore she should not be heard in judgement again until he be newly summoned and until he is contented and paid for his expenses, which the lords [will] determine.
[1472/26]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by James Norrie against John of Spens for the wrongful spoliation and withholding of ten merks of the mails of the lands of Kittidy and Craigsanquhar of the past four terms and of two oxen of the term of last Whitsunday [2 June] pertaining to the said James as is alleged, both the said parties being present in person, their rights and allegations seen, heard and understood at length, the lords decree and deliver that the said John shall restore and return to the said James the said ten merks and the said two oxen, and that letters be written to distrenzie his lands and goods for that, and [that he pay] 40s as a fine for his wrongful defence.
[1472/27]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Thomas of Downies against Alexander Cunningham on the other part for the wrongful spoliation, detention and withholding of three oxen from him wrongfully and against the law spulzied and withheld by the said Alexander, both the said parties being present themselves and their procurators, the lords decree and deliver that the said Alexander shall restore and return to the said Thomas the said three oxen or else [oxen of similar condition] or the price and value of them as they were at the time they were taken, and that the said Alexander pay 14s 4d for the expenses of the witnesses who have testified in the said matter and 40s as a fine for his wrongful defence, and that letters be written to distrenzie [him] for that.
[1472/28]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Alexander Seton against Alexander Forbes of Pitsligo, knight, and John Mowatt of Loscraigie, for the wrongful taking up and withholding of a year's mail from the lands of Kilmonds, being in our sovereign lord's hands before the entry of the said Alexander Seton, the said person being lawfully and peremptorily summoned and not compearing, neither themself nor [by] their procurators, the lords, fully advised, decree and deliver that the said Alexander and John shall restore and return to the sheriff of Aberdeen the said year's mail in our sovereign lord's name, and that neither the said Alexander Seton nor his said lands of Kilmonds be distrenzied for that in the future, and that letters be written to distrenzie their lands and goods for that and each one of them be fined 40s.
[1472/29]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by William of Douglas of Cluny against John of Carmichael and John Inglis for the wrongful withholding of the sum of £100 of the usual money of Scotland owed to him by their obligation of past terms, the said persons being lawfully and peremptorily summoned, the said John Inglis not compearing, neither by himself nor through his procurators, and the said John Carmichael first compearing a little before the said William caused him to be called and protested that the said William should not be heard until he was newly summoned, notwithstanding that the lords immediately sent for the said John and charged him to reappear to answer William as he was present to pursue him, he refused to do this, the† [... ... ...] seen and understood, the lords decree and deliver [... ... ...] Inglis shall satisfy and pay the said William [... ... ...] as they are bound by their obligation and [... ... ...] for and each one of them 40s as a fine [....]
[1472/30]*[print] [email] [cite] [preceding] [following]
Ale[... ... ...]† lords that saw the earl of[... ... ...]that he be not heard in judgement a[... ... ...]d and until he pay.
[1472/31]*[print] [email] [cite] [preceding] [following]
Th[... ... ...]busby† is quit of the claim[... ... ...]touching the tack of 40s [... ... ... ]und and the grassum of the said claim, and the[... ... ...] a fine of 40s.
[1472/32]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons made upon Thomas Kinnaird by Sir John Craigie for 10 merks annually for the past four years for the lands of Maryton pertaining to the chaplainry of Skene, the lords refer the said cause to their judge ordinary because it concerns fee and heritage.