[1472/34]*[print] [email] [cite] [preceding] [following]
29 [February]
In the action and cause of summons moved by Walter Lindsay of Beaufort against Alexander Irvine of Drum, for the convocation and gathering of our sovereign lord's lieges to the number of 60 persons in warlike array, of men of arms with bows and other evident weapons on horse and foot, and coming upon the said Walter under the silence of night while he was in his bed at midnight and sought the house [?sic 'bedroom'] in which he lay for the invading of him, in the breaking of the acts of parliament and [setting] an evil example to others to commit such trespasses, the said Alexander being summoned lawfully to compear in person but not doing so except through his procurator, the allegations of both the parties being heard and understood, the lords decree and deliver that for the great dishonourable contempt done to our sovereign lord in the aforesaid things that he therefore make himself a ward of Berwick castle within 15 days of the warning, there to remain at his own expense until he is freed by our sovereign lord. And further, for as much as he is sheriff depute of Aberdeen and has gathered the king's lieges under the silence of night, as was said, that he is therefore barred forever from the office of depute sheriff and that he never administer as the same in the future according to the tenor of the act of parliament specially made about sheriffs, and that letters be written to the sheriff of Aberdeen to discharge the said Alexander from the said office as he will answer to our sovereign lord, and that the said Alexander be distrenzied for four merks for the said Walter's expenses in the pursuit of the said matter and that letters be written to distrenzie him for 40s as a fine.
[1472/35]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by James Norrie and James of Forret, his tenant, against Thomas Wemyss, son to Sir Thomas Wemyss of Rires, knight, Henry Wemyss, John Ramsay, James Ramsay, William Husband, Thomas Bell, Henry Bell and Henry Monypenny, for the wrongful spoliation of four oxen from the said James of Forret and the wrongful detention and withholding of four merks which he gave to him for two of the said oxen and ap[...] the wrongful vexing and disturbance done to them in the lands of Kittidy in the grazing and destruction of their grass as was alleged, the said persons being peremptorily summoned and not compearing neither by themselves nor through their procurators, the lords decree and deliver that the said persons shall restore and return to the said James and James as much as can sufficiently prove that they took from them, for the production of which proof the lords assign for the said James and James the 14th of next April, with continuation of days. And because Duncan Schething, Andrew Strathanry, Robert Gilchrist, Will Simpson, Henry Bell, Will Simpson, James Melving, John Smart, John Wal[...], John Bell and Will Simpson were summoned to have compeared to have borne witness in the said matter but did not compear, that therefore letters were to be written to charge them to make themselves wards of Stirling castle within 10 days following the charge, there to remain etc., and to bear witness the said 14th of April in etc.
[1472/36]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Nicol Spethy, burgess of Edinburgh, on the one part, against Adam Wallace of Craigie, on the other part, concerning the wrongful withholding from him of the sum of £23 13s 4d for leather[?], silver, and certain merchandise bought and received from the said Nicol when he was comptroller to our sovereign lord, withheld wrongfully and illegally by the said Adam these past two years as was alleged, the said Adam being peremptorily summoned [and] often called but not compearing neither by himself nor through his procurators, the lords of complaints, fully advised, decree and deliver that the said Adam shall immediately satisfy and pay Patrick Crawford, assignee and procurator for the said Nicol, the sum of £13 14s 4d, and regarding the £10 that remain of the whole sum, because it was alleged on behalf of the said Adam that he paid Robert Muir the said £10 which the said Nicol had [been] assigned to receive, that therefore he deliver to the said Nicol or to his said procurator a receipt from the said Robert, and failing that that he be distrenzied for the said £10 as for the rest of the sum, and that letters be written for the execution hereof.
[1472/37]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Sir John Houston of that Ilk, knight, and Elizabeth Sinclair, his spouse, against Alexander Allardice of Skathway for the wrongful vexing, harassment and disturbance of the said John and Elizabeth in their lands of Halcasis and for the wrongful occupation and withholding of the same lands pertaining to them, both the said parties being present in person, their rights and allegations seen and understood, the lords of causes and complaints decree and deliver that the said Alexander shall immediately withdraw from and clear the said lands of Halcasis to the said Sir John and his spouse freely of him and all goods being upon them that the said Sir John and his spouse may dispone thereupon to their utility and profit, and that letters be written to the sheriff of Fife to withdraw from and clear the said lands and to keep them clear, and that the said Alexander pays 40s as a fine for his wrongful defence in the said matter.
[1472/38]*[print] [email] [cite] [preceding] [following]
The action and cause of summons moved by Master Robert Hamilton, provost of Bothwell and the chaplain of the same, against Alexander Baillie, touching the thirl multure of the lands of Carnsyn and Carnbo, because it concerns fee and heritage and also it was alleged by both the parties that the lords were not their judges, the lords refer the said matter to be decided before their judge ordinary, and that the provost pay 40s as a fine for his pursuit of the said matter where it ought not to have been pursued.
[1472/39]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by John of Scougall of that Ilk, procurator for John of Scougall, his cousin, against Philip of Crake and Margaret of Scougall, his spouse, for the wrongful detention and withholding from him of certain charters, letters and evidence of his lands pertaining to him in heritage through the death of the late Walter Scougall, his father, and Janet Brown, his grandmother, together with the wrongful withholding of his moveable goods of inheritance pertaining to him through the death of the said late Walter, his father, and also for the wrongful taking up and withholding of £6 of the usual money of Scotland of the mails of the said lands, wrongfully taken up and withheld by the said Philip and Margaret without the authority of his said cousin as is alleged, both the said parties being present, the lords auditors ordain both the said parties to compear before the lords of council on 14th of next April, with continuation of days, and that [James Hamilton], lord Hamilton be charged by the king's letters to compear the same day and to bring with him the said charters because he admitted before the lords that he had them. And concerning the said £6, because the said Margaret has only received 38s 4d of the said mails of the last Whitsunday term [2 June] as was admitted by both parties, that therefore the said Margaret bring on the said day such proof and documents as she will use to give the reason she takes up the said mails, and failing that that she restore it to the said John of Scougall, and the lords ordain that the said John of Scougall be distrenzied for the rest of the said Whitsunday term and last Martinmas [11 November] and that the said Margaret may not administer it in the future, and that the said Margaret shall deliver the inheritance that she has pertaining to the said John Scougall as she is obliged to before the lords.
[1472/40]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Sir John Baillie, chaplain, against Nicol Spethy, younger and James Greif, bailies, intromitters and procurators to Nicol Spethy, elder, for the wrongful obstacle and letting made by the said Nicol and James to the said Sir John in the poinding, lifting and raising of an annual rent of £10 owed to the said Sir John for all his life of the land of the said Nicholas, elder, lying with the burgh of Edinburgh for his divine service at St Louis' altar and for the wrongful taking of the poind distrenzied by the said Sir John as was alleged, both the said parties being present in person, their rights, evidence, and mortifications under the great seal being at length seen, heard and understood, the lords of causes and complaints decree and deliver that the said Nicol and James shall restore, satisfy and pay the said Sir John the said £10 of annual of these two past terms, and that he shall peacefully use and enjoy the said annual for his lifetime without vexing, harassment or disturbance from anyone, and that letters be written to distrenzie them from their lands and goods for the said £10 and that they pay 40s as a fine for their wrongful defence.
[1472/41]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Alexander Bonkle, burgess of Edinburgh, against John of Kers for the wrongful withholding of 50s of the usual money of Scotland owed to the said Alexander for certain merchandise as he alleged, the said John being lawfully and peremptorily summoned but not compearing neither by himself nor through his procurators, the lords, fully advised, decree and deliver that the said John shall satisfy and pay the said Alexander the said 50s, and for his costs and expenses incurred in the pursuit of the said matter 13s 4d and 40s as a fine, and that letters be written to the aldermen and bailies of Perth to distrenzie him for that.