8 July 1476

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

8 July before noon

In the action and cause of summons pursued by Isobel of Bathgate, the spouse of the late Cuthbert of Bathgate, against George [Seton], lord Seton and Thomas of Cranstoun of Swinhope, regarding the collection and withholding of double mails by both the said persons, that is to say, the said Thomas for collecting the mails from the lands of Arrois from the said Isobel for certain past terms, and the said lord for the poinding and taking from her of 12 cows and oxen and a horse for the said mails, both the said parties being present in person and their rights, reasons and allegations heard and understood at length, because the said persons were ordered by our sovereign lord's letters through the decision of the lords of council to permit the mails to remain in the hands of the tenants of the said lands until such time that the matter debatable between the said lord and Thomas had been decided and ended finally, without prejudice to any of the parties, the lords auditors, fully advised, decree, deliver and ordain the said Thomas to return, deliver and hand back to the said Isobel the said mails in so far as he has taken them from her since 13 June last and similar manner the said lord [is to return] the said cows, oxen and horse, and letters are to be written to distrenzie them of their lands and goods for that.

  1. NAS, PA2/2, f.26r. Back
  2. NAS, PA2/2, f.26v. Back
  3. Inchtuthill, the site of an ancient Roman fort, lies 1 mile south of Spittalfield in Perthshire, (Ord. Surv. NO 1040). Back
  4. NAS, PA2/2, f.26v. Back
  5. NAS, PA2/2, f.27r. Back

After noon

In the action and cause pursued by Beatrix [Douglas], countess of Erroll, against William [Hay], earl of Erroll, her son, regarding the wrongful occupation and withholding from her of the lands of Inchtuthill and Caputh with their pertinents pertaining to her as assignee to the late Alexander the Hay of Dronley, and for the wrongful collection and withholding of the mails of the same for the terms of the past six years, totalling 20 merks with other profits and duties of the same as was alleged, both the said parties being present in person and their rights, reasons, evidence and allegations heard, seen and understood at length, the lords auditors, being fully advised, decree and deliver that the said William, earl of Erroll, is to withdraw from and clear the said lands of Inchtuthill and Caputh with their pertinents to be enjoyed by her freely for her lifetime according to the tenor of her evidence made to her thereupon and shown before the lords, and to satisfy and pay her the sum of 120 merks collected by him from the said lands for the past six years just as he admitted before the lords, and letters are to be written [for him] to withdraw from and clear the said lands and to distrenzie his lands and goods for the aforementioned sum, which sum of 120 merks the said Beatrix, at the instigation and request of the lords, has remitted to the said William, her son, and moreover given him for his good conduct both parts of the mains of Inchtuthill with pertinents for her lifetime, to be used by him freely as is said.

  1. NAS, PA2/2, f.26r. Back
  2. NAS, PA2/2, f.26v. Back
  3. Inchtuthill, the site of an ancient Roman fort, lies 1 mile south of Spittalfield in Perthshire, (Ord. Surv. NO 1040). Back
  4. NAS, PA2/2, f.26v. Back
  5. NAS, PA2/2, f.27r. Back

In the action and cause pursued by a venerable father in God, [Richard Lamb], abbot, and convent of Melrose, against James Auchinleck and Janet Colville, his mother, regarding the wrongful occupation of their stead on the lands of Wellwood lying in Kylesmure within the sheriffdom of Ayr, the said venerable father and the said James being present in person and the said Janet lawfully summoned, called but not compearing, the rights, reasons, and allegations heard and understood at length, the lords auditors, fully advised, decree and deliver that the said Janet and James shall immediately withdraw from and clear the said lands of Wellwood to be used and enjoyed by the said abbot and convent freely, and letters are to be written [that they are] to withdraw from and clear them in due form as is fitting.

  1. NAS, PA2/2, f.26r. Back
  2. NAS, PA2/2, f.26v. Back
  3. Inchtuthill, the site of an ancient Roman fort, lies 1 mile south of Spittalfield in Perthshire, (Ord. Surv. NO 1040). Back
  4. NAS, PA2/2, f.26v. Back
  5. NAS, PA2/2, f.27r. Back

In the action and cause pursued by Andrew Charteris against Peter of Spence of Kilspindie and Alexander Wardrope of the Gothnys, the said Peter for the wrongful detention of 42 bolls of wheat and 3 and a half chalders of barley as debtor for the said Alexander, and the said Alexander for the wrongful withholding of 20 bolls of barley and 2 bolls of wheat owed to the said Andrew as was alleged, the said Andrew being present in person and the said Peter and Alexander lawfully summoned and often called but not compearing either themselves or through their procurators, the rights of the said Andrew being seen, heard and understood at length along with the obligation of the said Alexander, the lords auditors, fully advised, decree and deliver that the said Alexander shall satisfy and pay the said Andrew the sum of 20 bolls of barley and 2 bolls of wheat of the remains of a larger sum contained in the said obligation, and ordain that letters be written to distrenzie him of his lands and goods for that. And as regards the 42 bolls of wheat and 3 and a half chalders of barley claimed by the said Andrew to be owed to him by the said Peter and Alexander, the lords appoint 2 October next, with continuation of days for Andrew to prove the said wheat and barley were owed to him by the said Peter and Alexander, and that letters are to be written thereupon.

  1. NAS, PA2/2, f.26r. Back
  2. NAS, PA2/2, f.26v. Back
  3. Inchtuthill, the site of an ancient Roman fort, lies 1 mile south of Spittalfield in Perthshire, (Ord. Surv. NO 1040). Back
  4. NAS, PA2/2, f.26v. Back
  5. NAS, PA2/2, f.27r. Back