[1476/7/28]*[print] [email] [cite] [preceding] [following]
6 July before noon
In the action and cause pursued by Patrick of Rattray against Alexander Garden concerning the wrongful occupation and withholding from him of the lands of Brektulloch† pertaining to him through a lease made to him by Patrick [Graham], bishop of St Andrews, as he alleged, for certain years to come, both the said parties being present in person and their writs, leases and allegations seen, heard and understood at length, the lords auditors, fully advised, decree and deliver that the said Alexander Garden has done no wrong in the occupation and manuring of the said lands, and because the said Patrick has produced and shown a letter of tack from the said bishop under his round seal for the said lands for the space of five years, he is to have access to the bishop regarding the recovery of his said tack along with his costs, injuries and damages he sustained through the prevention of his entry to the same.
[1476/7/29]*[print] [email] [cite] [preceding] [following]
The lords continue until 2 October next, with continuation of days, the actions of summons between Thomas of Montgomery, on the one part, and Sir William Semple, knight, bailie to [George Shaw], abbot of Paisley, and Caly Ross, on the other part, concerning the poinding and taking of his goods for double mails for the lands of the chapel lands of Drumry, claimed by the said Thomas to be his tack set to him by William of Livingston of Drumry, [to be heard] before the lords of council in the same force and effect as it is now but without prejudice of party, and they appoint the said 2 October next for the abbot of Paisley, the said William of Livingston, Sir William Semple, Caly Ross and Thomas to bring with them such rights, evidence, letters, writs and documents as they will use and show on their behalf in the said matter, and both the said parties are summoned according to the act, and ordain the chaplain of the said lands to be warned for his interest on the said day.
[1476/7/30]*[print] [email] [cite] [preceding] [following]
Robert of Ceres as procurator for George of Spalding, Andrew Moncur, James of Fotheringham, Thomas Ceres, Jack Ceres, William Davidson, Alexander Crail, Robert of Duchir and the rest of the persons of the inquest, summoned to the suit of Marion Ogilvy, the spouse of the late William Scrimgeour of Lillok, concerning their error in their wrong decision to serve a brieve of inquest for land lying in the Market Gate of Dundee, protested that because they were summoned to the said Marion's suit, but she did not compear to pursue them for the said action, that therefore she should not be heard in judgement concerning the same until they are contented for their costs and injuries, and until they are newly summoned.
[1476/7/31]*[print] [email] [cite] [preceding] [following]
In the action and cause of summons of error moved by John of Livingston, son and heir of the late John of Livingston of Beldestane, against John of Simonton of that Ilk, Richard of Bannatyne of Corehouse, Gilbert of Cunningham of Bonynton, John Inglis of Scrogton, Alexander of Muir, Roger of Tweedie, John of Hamilton, George Chancellor, William of Carmichael and David Weir on the other part, concerning their error and wrongful decision and judgment of a brieve of inquest of our sovereign lord's chapel purchased by the said John for the lands of Warrenhill as heir to the late the said John, and because they did not answer the points of the said brieve, both the said parties being present in person, the said John producing a reliable instrument of sasine from his father and mother of joint infeftment of the said lands, the rights, reasons, allegations and writs of both the said parties being seen, heard and understood at length, the lords auditors decree and deliver that the said persons have erred in serving the said brieve because they did not find that the said late John was the last person vest and seised the said lands as the said instrument purports and therefore the said person are to be punished for this at the king's will according to the form of the act of parliament.
[1476/7/32]*[print] [email] [cite] [preceding] [following]
After noon
Walter of Murray has promised in the presence of the lords auditors of causes and complaints that he shall not vex, upset or disturb Alexander of Fullerton or his servants in two merks' worth of the lands of Kirkton of Fowlis, for which he has tack from our sovereign lord until the end of his terms, and that no person nor persons shall undertake any molestation therein of the said Alexander on his behalf during the said time, and that letters be written to the steward of Strathearn to keep this man in his said tack during the aforementioned time.
[1476/7/33]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and ordain that because Thomas Simson in admitted in their presence that he owes Adam of Pringle the sum of £50 for his wages and that he has taken an allowance thereof in his account, that therefore he shall satisfy and pay the said sum to the said Adam just as he has paid the rest of the persons of the guard, and letters are to be directed to distrenzie him of his lands and goods for that.
[1476/7/34]*[print] [email] [cite] [preceding] [following]
In the action and cause moved by Andrew Crichton against Archibald Forrester of Corstorphine regarding the withholding of the sum of ten merks and a chalder of oats owed to him for past terms as his obligation made to the said Andrew thereupon purports, the said Archibald being often called but not compearing neither by himself nor through his procurators, the said obligation being produced and shown under his seal, the lords auditors, fully advised, decree and deliver that the said Archibald shall satisfy and pay the said sum of ten merks and 1 chalder of oats to the said Andrew, and letters are to be written to distrenzie him of his lands and goods for that.
[1476/7/35]*[print] [email] [cite] [preceding] [following]
James Sprot [was] summoned to the suit of Duncan of Dundas before the lords auditors as curate to William Maitland of Lethington for the wrongful occupation and manuring of the chapel lands of Farningtoune pertaining to the said Duncan as curate to the said William, and for the wrongful withholding of the mails of the same for the space of five years totalling two merks annually, the said Duncan being [often] called but not compearing either by himself nor through his procurators to pursue the said James in the said action, he being present for his defence, †the said James protested that the said Duncan should not be heard in judgement in the said matter until such time that the said James is contented for his costs and expenses and until he is newly summoned.
[1476/7/36]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Master John of Spalding, dean of Brechin, against John Anderson, burgess of Aberdeen, regarding the sum of £80 groats of the usual money of Flanders owed to him through his obligation, the said John being often called but not compearing either by himself or through his procurators, and the said Master John present through his procurators, and the obligation of the said John being produced by the said procurators and seen, read and understood, the lords auditors decree and deliver that the said John shall satisfy and pay the said Master John the said sum of £80 groat according to the form, tenor and effect of his obligation, and letters are to be written to distrenzie him of his lands and goods for that.
[1476/7/37]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Margaret Oliphant, lady of Torry, against William of Edmonstone of Duntreath, concerning the wrongful occupation of the lands of Cammisvallange pertaining to her through terce and ward, and for the wrongful collection and withholding of the mails from the same for the past three years totalling five merks annually, the said William being lawfully summoned and often called but not compearing either by himself or through his procurators, and their rights, reasons, documents and depositions of witnesses being heard, seen and understood, the lords auditors, fully advised, decree, deliver and ordain that the said William shall withdraw from and clear the said lands of Cambuslang for the said Margaret to be used and enjoyed by her and her tenants in the future, and also that he shall satisfy and pay her the said three years' mails collected and withheld by him, and that letters are to be written to distrenzie him of his lands and goods for that.
[1476/7/38]*[print] [email] [cite] [preceding] [following]
In the presence of the lords Archibald [Douglas], earl of Angus, became debtor and promised to pay Simon Spardur a sack of wool at next Martinmas [11 November], which the lords auditors have condemned the said Simon to pay Andrew Mowbray or his factors along with £5 of silver.
[1476/7/39]*[print] [email] [cite] [preceding] [following]
In the action of summons pursued by the tenants of Aberuthven against William of Fullarton of Aberuthven and William Bonar of Rossie regarding the raising of double mails of the said lands of Aberuthven, the said tenants being present in person and the said William and William being lawfully summoned and often called but not compearing, the lords auditors of causes and complaints deliver and ordain the said mails are to remain in the said tenants' hands until such time that the matter is decided between the said William and William, and that letters are to be written to a sheriff in that part to maintain, keep and defend them undisturbed in the said tacks by any of the said persons in the meantime.