4 August 1473

Committee attendance: lords auditors of causes and complaints

4 August

Present are the lords auditors as well as the lords [Andrew Durisdeer], bishop of Glasgow, [Thomas Spens], bishop of Aberdeen, [Andrew Stewart, lord Avondale], chancellor, [Colin Campbell], earl of Argyll, [William Hay], earl of Erroll, [Patrick Mador], abbot of Newbattle, Sir David Guthrie and [Archibald Whitelaw], secretary.

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

In the action and cause pursued by William Weir and Elizabeth of Glendunwin, on the one part, against Walter Corbet and Patrick Little, on the other, concerning the wrongful spoliation, taking and withholding of three oxen from the lands of Little Ardre pertaining to the said William and Elizabeth, his spouse, and wrongfully spulzied by the said Walter and Patrick as was alleged, both the said parties being present in person and their evidence, rights, reasons and allegations seen, heard and understood at length, the lords auditors decree and deliver that the said Walter and Patrick have spulzied the said oxen from the said William and his spouse, and therefore ordain them to restore again the same or the price thereof, and letters to be written to distrenzie them for that.

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The lords appoint 5 October next, with continuation of days, for John Herring to prove that the mill now built [is] debatable between him and his spouse on the one part and the laird of Nechtan, on the other part, was built and stood in the same place where it now stands at the time of the date of the said John Herring's wife's charter, and ordain him to have letters to summon his witnesses and in the meantime until the said day continue the actions of summons between the said parties, and they are both summoned according to the act.

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The lords decree and deliver that Richard of Bannatyne of Corehouse shall satisfy and pay Alexander Lindsay of Dunrod as much as he can prove he has lost in his mails and costs and expenses as a result of the said Richard's access to the lands of Allerstokes, for the production of which proof the lords appoint 5 October, with continuation of days, for the said Alexander and ordain him to have letters to summon his proof and his party to hear them sworn. And moreover, the lords ordain the said Richard to pay the said Alexander all mails, costs and injuries that he sustains in the future as a result of his entry to the said lands.

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Patrick Home compeared before the lords auditors and protested that because Marjory Strathachen caused him to be summoned to her suit but did not compear herself or through her procurators to pursue him, that therefore she should not be heard against him in judgement until she pays his costs and expenses and until he is newly summoned.

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The lords auditors decree and deliver that George of Rutherford shall satisfy and pay Archibald of Rutherford, Nicol of Rutherford and Bartholemew Rutherford the sum of £100 for which he is bound to them through his 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 George was summoned to their action but did not compear himself nor through his procurators.

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Concerning the action pursued by Robert of Crichton of Kinnoull against Andrew Gray regarding the wrongful occupation of a barn, a byre and a barnyard and the building of a dyke on his lands, both the said parties being present, the said Robert of Crichton said he would not pursue the said Andrew for the said barn, byre or yard, and the said Andrew agreed to dismantle the said dyke.

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The lords decree and deliver that Andrew Murray and Adam Roger shall restore and return to Finlaw Schelhowis six cows and a mare which were taken from them by the said Finlaw as was proved before the lords, and ordain that letters be written to distrenzie them and their goods for the said six cows and a mare or for their price in the same condition as when they were taken.

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The lords decree and deliver that Laurence [Oliphant], lord Oliphant, Sir Laurence Mercer, Silvester of Rattray, and James Herring shall satisfy and pay William [Hay], earl of Erroll, and John of Ford, his tenant, the sum of £40, 21 oxen and cows, 24 sheep and a horse, for which they are bound by their obligation and also as was agreed by Lord Oliphant and James Herring, being present in person, and ordain that letters be written to distrenzie them of their lands and goods for this.

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Alexander Blair of Balthayock requested an instrument that Lord James Ogilvy was prosecutor for the same Alexander in presence of the lord auditors in a certain cause of Giles Seres.

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The cause between [Patrick Mador], abbot of Newbattle and Lord Bass and his son is continued until 5 October, with continuation of days.

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