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

30 July

The lords auditors decree and deliver that George Ramsay of Corston shall restore, satisfy and pay Andrew Charteris, Henry Robertson and John Reston 11 merks, 3 oxen, a cow, a black cloak, 5 quarters of black cloth, 2 hand axes, a dappled staff, 2 swords, a saddle, a bridle, a purse and 19d, a belt, and a knife which were spulzied and taken from the said Andrew and his said tenants by William Ramsay as was proved before the lords, and ordain that letters be written to distrenzie him of his lands and goods for that because the said George comes [as] pledge and debtor for the said William as was proved before the lords.

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Robert of Dunning compeared before the auditors and protested that because David Boswell caused him to be summoned to his suit but did not compear to pursue him by himself or through his procurators that, therefore, the said David should not be heard against him in judgement until he pays the said Robert's costs and expenses and until he is newly summoned.

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The lords auditors decree and deliver that David Fotheringham of Balvenie shall satisfy and pay David Blair of Bendachty the sum of £57 and the sum of £80 12 merks 6s 8d for which he is bound to the said David by his two letters of obligation shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for this, and the said David Fotheringham was summoned peremptorily to this cause but did not compear either by himself or through his procurators.

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In the action and cause pursued by Nicholas Hostlar, on the one part, against Nicholas Sutherland, on the other part, regarding the wrongful occupation of the lands of Lindsayston pertaining to the said Nicholas Hostlar and occupied by the said Nicholas Sutherland without tack or set of him as was alleged, both the said parties being present in person and their reasons and allegations seen, heard and understood at length, the lords auditors decree and deliver that the said Nicholas Sutherland wrongfully occupies the said lands and, therefore, ordains him to withdraw from and clear the same to the said Nicholas Hostlar, and our sovereign lord's letters to be directed hereupon.

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In the action and cause pursued by Henry Livingstone of Middlebinning, on the one part, against Robert [Fleming], lord Fleming, John Anderson and Thomas Anderson, on the other part, concerning the spoliation and withholding of 10 oxen and cattle and 2 bulls from the said Henry from his lands of Welton and Castlecary and the laying to waste of his lands as was alleged, both the said parties being present and evidence, rights, reasons and allegations seen, heard and understood at length, the lords auditors of complaints decree and deliver that the said Lord Fleming has done wrong in the taking of the said oxen, cattle and bulls and therefore ordain him to restore the same in so far as remains unrestored and that he shall desist and cease all vexing and disturbance of the said Henry in the future in the use and enjoyment of his said lands of Castlecary and Welton, except as is allowed by the law, and that he shall pay the said Henry 20s for his costs and expenses and the three witnesses 15s for their costs, and letters are to be directed to distrenzie him for this.

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And moreover because John Neilson and James Muriel were summoned to have compeared and borne witness in the said cause but did not compear in disobedience of the king's highness, they shall therefore make themselves wards of Dumbarton castle within the next 15 days and remain there at their own expense until they are freed by the king, and letters are to be written for them to be received.

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In the action and cause debatable between John Arthur and Thomas Arthur, on the one part, and Alexander Young, on the other part, concerning the sum of 70 merks, both the said parties being present and their evidence, rights, reasons and allegations seen, heard and understood at length, the lords auditors decree and deliver that the judgement and settlement given previously between the said parties by David Abercrombie, Sir William Inglis, John Jackson and John Litstar on 3 December 1472 under three seals shall be observed, kept and fulfilled and our sovereign lord's letters are to be directed therefore, and decide that the first sentence and decree given by John Jackson, David Abercrombie, Sir William Inglis and Thomas Peebles on 2 August 1471 to be of no value or strength in the future.

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In the action and cause pursued by Angus Malcolmson as Andrew Moncur's assignee, on the one part, against Donald Johnson and Elizabeth Ruthven, the spouse of the late Patrick Donaldson, on the other part, concerning the redemption and exemption from the lands of Pettarach, wadset under a reversion to the late Donald Patrickson by the said Andrew Moncur and the declaration whether the said Elizabeth as assignee to her husband or the said Donald Johnson as heir to his father should give over the said lands and receive the money for the redemption of the same, both the said parties being present themselves and through their procurators, and their evidence, rights, reasons and allegations seen, heard and understood at length, the lords auditors decree and deliver that, as yet, neither the said Donald nor Elizabeth have power to resign or give over the said lands to the said Angus Malcolmson because neither the said Donald nor Elizabeth have sasine of the same lands.

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In the action and cause pursued by Master John Armorar, on the one part, against John of Learmonth, Robin Arthur and John of Carstairs, aldermen and bailies of St Andrews, on the other part, concerning the inordinate proceeding in the serving of a brieve of inquest purchased by Alison Crannoch as heir to the late Master Thomas Logie, her brother, regarding certain land and annuals lying in the city of St Andrews, and also against the persons who passed on the serving of the said brieve for their mistake and wrongful retouring of the same because they found the said Alison heir to the said Master Thomas, her brother, and not the said Master John, both the said parties being present themselves and through their procurators, and their reasons and allegations heard and understood, the lords auditors decree and deliver that the said alderman and bailies have not failed in the process or order of the serving of the said brieve, nor have the persons who passed on the serving of the same brieve erred or given a wrongful deliverance or retour thereupon.

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