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

Concerning the summons of Patrick Home to our sovereign lord's suit, for the deforcement of his officer, regarding the distrenzing of certain goods for a sum of money ordained to be paid to [William Sinclair], laird of Herdmanston, for the mails of the lands of Kynringeam, because the king's highness directed a letter under his privy [seal] charging to supersede the distrenzing for the said sum, and thereafter directed other letters under the signet and for certain reasonable reasons annulled the said letters under the privy seal and ordained the first decree given by the lords to be executed, which last letters under the signet were not made public or shown to the parties, for which reason the lords deliver that the said Patrick had not deforced [him] at this time, and in future ordain that the said letters under the privy seal be null and void and of no force or strength just as commanded by the king, and that letters be newly written charging [him] to [be] distrenzied for the said sums and to put the decree previously given by the lords for the laird of Herdmanston into execution.

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Concerning the lamentable complaint made by Patrick MacLellan for the wrongful withholding of him from the possession of the lands of Culross, to which he was restored during the time of our sovereign lord [James II], whom God absolve, and thereafter expelled from there by Robert, the late Robert [Boyd], lord Boyd, the lords auditors of complaints in this parliament, with the said lords of our sovereign lord's special council, have seen at length the evidence and rights that the said Patrick has regarding these lands, both acts and decrees of parliament, and investigations and witnesses ordained to be procured by our sovereign lord, through these they have clearly understood that the said Patrick has been and still is wrongfully expelled and withheld from the said lands of Culross, and therefore they counsel our sovereign lord to immediately return the same to him and to make him protected in the use of it, and they humbly exhort and beseech his grants heretofore.

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In the action and cause pursued by John [MacDonald], earl of Ross, on the one part, against the persons who passed on the serving of the brieve of inquest purchased by Alexander of Seton, regarding the lands of Kinmundy, for their error and wrongful decision in the serving of the said brieve and delivering of the retour of the same, both the said parties and the said Alexander being present themselves and their procurators and their evidence, rights, reason and allegations seen, heard and understood at length, the lords decree and deliver that the said persons who passed on the serving of the said brieve had erred and wrongfully delivered and decided on the retour thereupon, because they found that the said lands should be held by the said Alexander from the king, notwithstanding that the earl of Ross holds them from the king, and therefore decided the retour, sasine and all other things that resulted from the said brieve would have no value, strength or effect in the future, and ordain the said persons to be punished, according to the form of the act of parliament, for their mistake at the king's will.

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In the afternoon, in the presence of the lords auditors

The lords decree and deliver that Thomas [Erskine], lord Erskine, John [Stewart], lord Darnley, and William of Cunningham of Glengarnock shall satisfy and pay Walter Stewart of Morphie and Patrick of Stirling 50 cows and oxen, 2 horses, a mare, a charter, 2 gold rings, and £20 for certain household articles, or the value of the said cows, oxen, horses, mare and rings to the amount that he can prove they were worth when they were taken, for the production of which proof the lords appoint 5 of next October, with continuation of days, for the said Walter and Patrick, and also to prove which charter is withheld from him, and ordain him to have letters to summon his proof and the party in order to hear them sworn.

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In the action and cause pursued by Adam Hoppringle, on the one part, against William Purves, Alexander Wood, Alexander Johnson, John Burnett and Richard Turner, on the other part, concerning the wrongful occupation and sowing of a part of the lands of Yarlside pertaining to the said Adam and wrongfully occupied by the said person as was alleged, both the said parties being present themselves and their procurators, and their evidence, reasons and allegations [being] heard and understood, the lords auditors decree and deliver that for all that they have yet seen or has been produced before them, that the said person wrongfully occupies the said lands, and therefore ordain them to withdraw from and clear the same immediately for the said Adam, and our sovereign lord's letters to be directed hereupon.

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The lords auditors decree and deliver that Thomas Parker shall immediately withdraw from and clear a quarter of the 10 merks worth of land of Vuerargathy for Janet of Galbraith, and that he shall not interfere with it as was previously decreed by the lords. And moreover, for the contempt shown to the king by the said Thomas in breaking his acts, letters and decrees, and for striking the said poor woman, and for disobedience in not compearing now, he having been peremptorily summoned, shall make himself ward of Blackness castle, there to remain at his own expense until he provides such surety that the said poor woman shall be undisturbed by him in the said tack and until he is freed by the king, and our sovereign lord's letters are to be directed hereupon.

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The production of the proof previously appointed to Margaret of Murray in the action between her and [William Crichton], lord Crichton, regarding the costs, injuries and damages that she sustained through the withholding of her tack of Vogrie from her, is continued until 5 of next October, with continuation of days, without prejudice of party, and the lords ordain that the said Margaret's witnesses are to be summoned anew and the party to hear them sworn in.

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In the action and cause [...]

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The lords decree and deliver that [John Woodman], abbot, and convent of Jedburgh shall satisfy and pay John of Livingston the sum of £8 and the sum of 19 merks, which they were previously ordained and judged to pay by certain judges arbitrary, and ordain that letters be written to distrenzie them from their lands and goods for that.

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The lords decree and deliver that Marjory of Pitcairn shall satisfy and pay David Hepburn of Waughton the sum of 20 merks for the mails of the lands of Bretherton for the term of last Whitsunday [6 June] pertaining to the said David and occupied by the said Marjory as was proved before the lords, and ordain their letters to be written to distrenzie her of her lands and goods for this.

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Walter Boyd compeared before the lords and protested that because Andrew Gray caused him [to be summoned?] but did not compear to pursue him etc.

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