4 July 1476

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

4 July

In the action and cause moved between Archibald Ramsay of Panbride, on the one part, and Alexander Boyce and John of Furde, on the other part, touching the wrongful occupation and detention of the lands of Kirktoune Seaton', the Raton' Raw and occupation and withholding of the fishing and port of Panbride by the said Alexander and John as was alleged by the said Archibald, both the said parties being present in person themselves and through their procurators, because the said Alexander was summoned by himself, not specifying him [as] bailie to John Forbes, one of the portioners of the said lands of Panbride for the said injuries, the lords auditors, fully advised, ordain the said Archibald to raise new summons, if it pleases him, for the said John of Forbes or his bailie of the said quarter and all other persons against whom he has a complaint regarding any injuries or damages he has endured in the past in his said lands and to appear if any occur.

  1. NAS, PA2/2, f.20r. Back
  2. NAS, PA2/2, f.20r. Back
  3. NAS, PA2/2, f.20v. Back
  4. Sic. The letter is placed within a box. Probably connected with the fact that the acts are out of order. Thus an A within another box appears before the acts made in the morning of 4 July at 1476/7/18, on f.20v. Back
  5. Deleted - 'Alexander Haliburton'. He is mentioned again below. Back
  6. NAS, PA2/2, f.20v. Back
  7. 'A' Scribal note probably connected with misordered acts on f.20v (see 1476/7/17). Back
  8. NAS, PA2/2, f.21r. Back

In the action and cause moved by David Grundiston against John of Pitbladdo of that Ilk, concerning the sum of £88 15s 10d owed to the said David by the said John by his obligation shown and produced before the lords, the said David and John being present in person, and their rights and reasons heard and understood at length, the lords auditors decree, deliver and ordain that the said John shall satisfy and pay the said sum of £88 15s 10d contained in his said obligation to the said David, and that letters be directed to the sheriff to compel him, his lands and goods for that. And further, at the instigation and request of the said lords the said David has consented and is content to be paid one half of the said sum next Martinmas [11 November], and the other half thereof next Candlemas [2 February] thereafter, and failing thereof is to be compelled and distrenzied as is said.

  1. NAS, PA2/2, f.20r. Back
  2. NAS, PA2/2, f.20r. Back
  3. NAS, PA2/2, f.20v. Back
  4. Sic. The letter is placed within a box. Probably connected with the fact that the acts are out of order. Thus an A within another box appears before the acts made in the morning of 4 July at 1476/7/18, on f.20v. Back
  5. Deleted - 'Alexander Haliburton'. He is mentioned again below. Back
  6. NAS, PA2/2, f.20v. Back
  7. 'A' Scribal note probably connected with misordered acts on f.20v (see 1476/7/17). Back
  8. NAS, PA2/2, f.21r. Back

B After noon

In the action and cause of error pursued by Henry Napier against Master Nicol of Touris, William Turner, John Butler, Alexander Bowmaker, George Robinson, Thomas of Halkerston, William Thomson, Thomas of Yar, David Crawford, William Raperlaw, Robert Hathaway, William Inglis, Robert Melville, and Robert Hiltson, regarding the error contained in the summons and alleged by the said Henry to be committed by the said persons in so far as they found in the retour of the late Alexander Napier of Merchiston, knight, seised and not vest of land and tenement lying in the burgh of Edinburgh, on the north side of the common gate between the land and tenement of John Patonson on the east side, and the land of Nicol Spethy in the west part, the said retour being seen, heard and understood at length, the lords auditors, fully advised, find that the said persons have erred in serving the said brieve in the said point where the inquest says seised and not vest of, because the lords find that they are understood in conjunction and that the said Alexander Haliburton has not erred because he does not hold the said opinion, and that the said person be punished at the king's will according to the act of parliament made thereupon.

  1. NAS, PA2/2, f.20r. Back
  2. NAS, PA2/2, f.20r. Back
  3. NAS, PA2/2, f.20v. Back
  4. Sic. The letter is placed within a box. Probably connected with the fact that the acts are out of order. Thus an A within another box appears before the acts made in the morning of 4 July at 1476/7/18, on f.20v. Back
  5. Deleted - 'Alexander Haliburton'. He is mentioned again below. Back
  6. NAS, PA2/2, f.20v. Back
  7. 'A' Scribal note probably connected with misordered acts on f.20v (see 1476/7/17). Back
  8. NAS, PA2/2, f.21r. Back

A before noon on the same day

In the action and cause pursued by Lowik Laris, porter of Bruges, through his procurators against James of Duchir, concerning the wrongful withholding from him of the sum of £7 12s groat of the usual Flanders money, just as is contained in the said James' obligation written by his own hand and under his signet, shown and produced before the lords, the said Lowik being present through his procurators and the said James being present himself in person, the lords auditors, fully advised, decree, deliver and ordain that the said James shall satisfy and pay the said sum of £7 12s groat to the said Lowik or his procurators according to the form of his said obligation, and that letters be written to distrenzie him of his lands and goods for that. And further, because the said James fraudulently denied, in the presence of the lords, his own writing and signet on the said obligation and thereafter it was proved by a well-known witness that it was his own handwriting, therefore the lords temporal and burgh commissioners deliver and ordain that letters be written to the alderman and bailies of Dundee to take the said James on the next market day after seeing our sovereign lord's letter, and at the market cross of the said burgh, at the high time of the market when the largest crowd of people are gathered, cause an officer to strike him on the hand that wrote the said writ as an example of punishment of such crimes in the future.

  1. NAS, PA2/2, f.20r. Back
  2. NAS, PA2/2, f.20r. Back
  3. NAS, PA2/2, f.20v. Back
  4. Sic. The letter is placed within a box. Probably connected with the fact that the acts are out of order. Thus an A within another box appears before the acts made in the morning of 4 July at 1476/7/18, on f.20v. Back
  5. Deleted - 'Alexander Haliburton'. He is mentioned again below. Back
  6. NAS, PA2/2, f.20v. Back
  7. 'A' Scribal note probably connected with misordered acts on f.20v (see 1476/7/17). Back
  8. NAS, PA2/2, f.21r. Back

In the action and cause pursued by Gavin of Crichton against Sir William of Borthwick, knight, regarding the sum of £25 claimed by the said Gavin as owed to him for his fee, because it is clearly proved by the witnesses produced by the said Gavin that a letter of manrent was made between him and the said Sir William and procured by him under the seal from James of Crichton, the lords auditors therefore, fully advised, decree, deliver and ordain that the said Sir William shall satisfy and pay the said Gavin £25 of his fee for past terms, and that letters be written to distrenzie him of his lands and goods for that, and in similar manner, regarding the sum of £25 claimed by James of Borthwick to be owed him by William [Crichton], lord Crichton, of his fee for past terms, because the said Lord Crichton showed and produced a letter of manrent from the said James under the seal of William [Borthwick], lord Borthwick, procured by the said James, that therefore the said lord Crichton shall satisfy and pay the said sum of £25 to the said James, and that letters be written to distrenzie him of his lands and goods for that.

  1. NAS, PA2/2, f.20r. Back
  2. NAS, PA2/2, f.20r. Back
  3. NAS, PA2/2, f.20v. Back
  4. Sic. The letter is placed within a box. Probably connected with the fact that the acts are out of order. Thus an A within another box appears before the acts made in the morning of 4 July at 1476/7/18, on f.20v. Back
  5. Deleted - 'Alexander Haliburton'. He is mentioned again below. Back
  6. NAS, PA2/2, f.20v. Back
  7. 'A' Scribal note probably connected with misordered acts on f.20v (see 1476/7/17). Back
  8. NAS, PA2/2, f.21r. Back