[1472/42]*[print] [email] [cite] [preceding] [following]
3 March
The lords deliver that Walter Lindsay of Beaufort has done no wrong in the raising and taking of 11 oxen, 1 cow and 2 horses from Archibald Ramsay of Panbride because he was charged by our sovereign lord's letters signed by his hand and under his signet to relieve the lands of Panbride, for which he had to be responsible to our sovereign lord, and that the said Archibald is fined 40s.
[1472/43]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Thomas Norton, Englishman, against these persons underwritten, that is to say, Alexander Scott, elder, for the wrongful withholding of two Hamburg barrels of salmon, John Whitsome for £7 10s of the rest of six barrels of salmon, Steven the Ross for two lasts and three barrels of salmon, John Haddington for £3 3s for a barrel of 'coppis' [?cups], the said persons being peremptorily summoned, their obligations seen and understood, the lords decree and deliver that the said Alexander Scott, elder, shall satisfy and pay the said Thomas or his factors the said two barrels of salmon, the said John Whitsome shall pay the said £7 10s, and the said Steven the Ross the said two last of salmon and three barrels of Hamburg measure, [and] John Haddington shall pay £3 3s, and that letters be written to distrenzie the said person immediately from their lands and goods for that, and that each one of them pay 40s as a fine.
[1472/44]*[print] [email] [cite] [preceding] [following]
The lords decree and deliver that William Haliburton shall immediately withdraw from and clear the lands of Dirleton pertaining to Henry Cant, and that he should make no interference nor occupy the same in time to come unless he obtains a tack from the said Henry, under pain of imprisonment, and that he pay 40s as a fine. And that letters be written to have the said William and his goods withdrawn from and cleared from said lands.
[1472/45]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Simon Carruthers against these persons underwritten, that is to say John of Maxwell, steward of Annandale, for the wrongful withholding of Hugh Kennedy, a young servant† belonging to the said Simon, whom the said Simon had of his own and of his friends' consent; and for the wrongful disturbance of the said Simon in the holding of his court on his lands of Hawlathis, pertaining to him as property; and for the wrongful attack on the said Simon at his own mansion by a multitude of men of arms, accomplices of the said John; and for the breaking of our sovereign lord's protection of the said Simon and [preventing] the said Hugh Kennedy from keeping arrangements and contracts made between him and Simon, as contained in indentures, obligations and evidences made thereupon with the consent of his friends; and Thomas Kennedy for the wrongful withholding of £40 from the said Simon, which sum he obtained from him lawfully; and David Maxwell, George Edgar, Will Edgar, Nicol Edgar, John Edgar, John Roryson, George Nowell, George of Corry, Matthew Hastie, Finlay Chalmer, John Porter, Robert Wallace, Andrew Kirkhalch, William Nowell and Will Edgar, younger, are to answer to our sovereign lord for the breaking of his protection of the said Simon in company with the said John Maxwell, the said parties being present themselves and through their procurators, they pledged to abide by the judgement of certain judges arbiters named and chosen by them, that is to say for the said Simon, Henry Kirkpatrick and Robert Carruthers, and for the said John Maxwell and his party, James Auchinleck and Herbert Gladstones, and failing that they could not agree on the said disputes, the lords auditors of causes and complaints were to be superior to all, to which judgement the said parties were bound to remain without appeal in the future. The allegations of the said judges arbiters being seen at length and produced before the said lords as superior to the said judge arbiters, they, fully advised, decree and deliver that the said John does not withhold the said Hugh wrongfully as has been well known to them, and that he did not disturb Simon in the holding of his court and that he did not attack him at his mansion with a multitude of men of arms or any others, and that neither the said John nor the persons aforementioned broke the king's protection of the said Simon. And as regarding the fulfilment of arrangements by the said Hugh with the said Simon as he was bound by indentures, because the said Simon produced an indenture under the seal of the laird of Mouswald procured by the said Hugh as the said evidence purports, and the said Hugh denies the procuring of the same, the lords assign 13 April next, with continuation of days, if it is legal, and failing that the next legal day thereafter, for the said Simon to appear before the lords of our sovereign lord's council to prove through sufficient witnesses that the said Hugh procured the said seal, which, being proved, the lords of causes and complaints as superior to the said judges decree the said Hugh should keep the appointments with the said Simon contained in the said indenture. And regarding the £40 claimed by the said Simon from Thomas Kennedy which he obtained lawfully from him, because the said Simon produced a decree of certain judges arbiters that he had obtained the said sum and the said Thomas denied that he was bound to abide by any judgement by the said arbiters, the aforesaid lords assign the said 13 April for Simon to prove sufficiently that the said Thomas was bound to abide and adhere to the decree and sentence of the said arbiters. Which being proved, the lords ordain the said Thomas to satisfy and pay the said Simon the said £40 according to the tenor of the decree given by the said previous judges arbiters, and the said Simon is fined an unlaw of 40s.
[1472/46]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by William Henryson, Alexander Henryson, James Dickson, John Nicolson and Andrew Fornocht, for the wrongful withholding of £30, for which sum the said Cuthbert drew them in suretyship for him to Patrick Baron for certain debts that the said Cuthbert owed to the said Patrick, the said Cuthbert being lawfully and peremptorily summoned but not compearing neither by himself nor through his procurators, the lords of causes and complaints decree and deliver that the said Cuthbert shall immediately release the said persons from the said sum of £30 and that letters be written to compel his person, lands and good thereto.
[1472/47]*[print] [email] [cite] [preceding] [following]
Walter Oliphant of Kellie has drawn his land and his goods as lawborrow that Henry Melville of Carnbee shall be personally unharmed by him and his party, [and] his lands and his goods except as the course of common law allows under the pain contained in the act of parliament.
[1472/48]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Sir Andrew Pringle, chaplain, and John Spottiswood for the wrongful spoliation and withholding of four sacks of wool, 320 lambs, 60 stone of cheese, and five corse-presents† from the teinds of the church of Stow of Weddale [?Galadale]† pertaining to them by reason of tack and wrongfully spulzied and withheld by the said William as was alleged, the said William being lawfully and peremptorily summoned, frequently called but not compearing neither by himself nor through his procurators, the rights and production of witnesses being seen at length and understood, the lords of causes and complaints decree and deliver that the said William shall restore and return to the said Sir Andrew and John the said four sacks of wool, 320 lambs, 60 stone of cheese and 5 corse-presents spulzied and withheld by him from the said teinds, and that letters be written to distrenzie him of his lands and goods for that, and for 40s as a fine.
[1472/49]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons moved by Sir Edward Bonkle, provost of Trinity College near the burgh of Edinburgh, against Thomas Blair, dwelling in Hawick, for the wrongful withholding of the sum of 5 merks owed to him [from] the mails of the lands with the bounds of Hawick for the past five years pertaining to the church of Soutra, and Patrick Rutherford for the wrongful withholding of the sum of £4 10s owed to the said provost of the lands that the said Patrick occupies within the bounds of Maxton for the past nine years, and wrongfully withheld by the said persons, the said Thomas and Patrick being lawfully and peremptorily summoned but not compearing neither themselves nor through their procurators, the rentals of the said place of Soutra being seen and understood, the lords decree and deliver that the said Thomas satisfy and pay the said Sir Edward the said sum of 5 merks, and the said Patrick the said sum of £4 10s and that the said persons have no involvement or interference with the said lands in time to come unless they obtain a tack and set from the said provost, and that letters be written to distrenzie them for the said sums, and each one for 40s as a fine.
[1472/50]*[print] [email] [cite] [preceding] [following]
The lords decree and deliver that Henry Kay, burgess of Linlithgow, shall content and immediately pay Will of Carkettle, burgess of Edinburgh, the sum of £11 owed to him for certain merchandise, and that letters be written to distrenzie him of his lands and goods for that, and that he pay 40s as a fine.
[1472/51]*[print] [email] [cite] [preceding] [following]
The lords ordain that John Edgar withdraw from and clear the lands of Alton formerly pertaining through a tack to Thomlyn MacDowall, and that letters be written to the sheriff to restore Margaret Vaux, the former spouse of the said Thomas, and her factors for the said tack to the term of next Whitsunday [17 May], and that the said John pay 40s as a fine.
[1472/52]*[print] [email] [cite] [preceding] [following]
William of Touris of Inverleith protested before the lords that, because Alan Hamilton caused him to be summoned to his suit but did not compear to pursue him neither by himself nor [through] his procurators, that therefore the said Alan and his spouse will not be heard in judgement against the said William until he had paid his costs and damages and until he was newly summoned.
[1472/53]*[print] [email] [cite] [preceding] [following]
Alexander of Lauder of Halton, knight, protested that because Alexander Dalmahoy of that Ilk had caused him to be summoned to his suit but did not compear to pursue him, neither by himself nor [through] his procurators, that therefore the said Alexander should not be heard in judgement against the said Alexander until he is paid for his costs and expenses and until he is newly summoned.
[1472/54]*[print] [email] [cite] [preceding] [following]
Sir Walter Douglas, procurator for Sir William Wallace of Craigie, knight, protested that because Alexander Stewart of Galston caused him to be summoned to his suit but did not compear to pursue him neither by himself nor through his procurators, that therefore the said Alexander should not be heard against him in judgement until the said William is paid for his costs and expenses and until he is newly summoned.