11 July 1476

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

11 July

In the action and cause pursued by Andrew Gray of Scheves against Patrick of Gordon, son and heir to the late James of Gordon, regarding the sum of 200 merks owed to the said Andrew by the said late James through his obligation shown and produced before the lords, the said Andrew being present in person and the said Patrick being personally and lawfully summoned and often called but not compearing either by himself or through his procurators, the lords auditors, fully advised decree, deliver and ordain that the said Patrick shall satisfy and pay the said sum of 200 merks to the said Andrew and that letters be written to distrenzie him, his lands and goods for that. And regarding other goods and causes contained in the summons touching the lands of Scheves, the lords auditors refer that matter to the judge ordinary, just as the lords of council did previously through an act shown and produced before them.

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Thomas Multrar protested before the lords auditors, summoned to the suit of Mirabell Barclay, who was often called to pursue the said Thomas but did not compear either by herself or through her procurators, that therefore she should not be heard in judgement in the said action until such time as he was contented and paid for his costs and expenses and until he was newly summoned.

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Giles Melville and Thomas Melville, her son, being present in person protested before the lords auditors, summoned to the suit of Henry Melville of Carnbee, the said Henry being often called but not compearing, either by himself or through his procurators to pursue them, that therefore the said Henry should not be heard in judgement in the said action until such time that they are contented and paid for their expenses and until they are newly summoned.

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In the action and cause pursued by Alan of Kinnaird of that Ilk against Hugh Hogg regarding the withholding from him of 14 chalders and 8 bolls of farm victuals obtained from him by the said Alan for his lands of Lownan which the said Hugh has in tack from the said Alan, just as purported by a decreet and sentence of compromise from certain judges arbitrary chosen between the said parties with both their consents, both the said parties being present in person and the said compromise produced and shown before the lords together with certain letters produced by the said Hugh, the lords auditors, fully advised, decree, deliver and ordain that the said Hugh shall deliver to and pay the said Alan a chalder and 12 bolls of wheat, 4 chalders, 4 bolls of barley, 6 chalders of meal from the market measure of Montrose, and 2 chalders of ferme and 8 bolls as contained in the said compromise, and ordain that letters be written to distrenzie the said Hugh of his lands and goods for that.

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Adam of Maxwell protested before the lords auditors, [being] summoned to the suit of Thomas of Woodruff and the said Adam being present in person, the said Thomas often called but not compearing either by himself or through his procurators, that the said Thomas should not be heard in judgement in the said action until such time that he was contented for his expenses and costs and until he was newly summoned.

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