[1476/7/67]*[print] [email] [cite] [preceding] [following]
13 July
†In presence of the lords, John of Boswell admitted that he had no right to the lands of Farleis except for his lifetime and because he feed the land through his wife Marion of Lothresk, and therefore he hands over his summons in error from the person who passed on the inquest thereupon regarding the serving of a brieve of inquest on the said lands, and also George of Lothresk alleged that he was in the said lands through state and sasine, and also admits that the said John has the said land for his lifetime as is said, without prejudice to the said George and his heirs or the said John of Boswell for his time.
[1476/7/68]*[print] [email] [cite] [preceding] [following]
In the presence of the lords auditors James [Hamilton], lord Hamilton, admitted that he owed Richard of Bannatyne the sum of 25 merks of the rest of a greater sum owed to the said Richard through his obligation, of which sum of 25 merks the said Richard admitted he paid 40s, and therefore the said lords ordain that letters be written to distrenzie the said lord, his lands and goods for the rest of the said sum of 25 merks.
[1476/7/69]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Patrick of Cunningham against James of Murray, regarding the spoliation and taking away of a stud mare, the said parties being present in person and their allegations heard and understood at length, the lords auditors, fully advised, decree and deliver that because the said Patrick's father was not a tenant of the said James at the time of his death, therefore the said James shall return and hand back the said mare in as good [condition] as when he took her, and ordain that letters be written to distrenzie him of his lands and goods for that.
[1476/7/70]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by John Pageson against John Jardine of Applegarth concerning the wrongful occupation of the lands of the Heck pertaining to the said John Pageson as he alleged extending annually to 40s, and taking up and withholding the mails of the same for certain past terms totalling the sum of 40 merks, both the said parties being present in person and their allegations heard and understood at length, the lords auditors of causes and complaints decree and deliver that because it is clearly proved before them by the depositions of the witnesses produced by the said John Pageson that the said John Jardine of Applegarth has wrongfully occupied the said lands of the Huke and has taken up the mails from there, that therefore he shall withdraw from and clear the said lands in favour of the said John Pageson to be used and enjoyed by him in the future, and that letters be written thereupon, and appoint 2 October next, with continuation of days, for the said John Pageson to prove before the lords of council how many years the said laird of Applegarth occupied the said lands and how much their mails total, and if he proves the amount of the said mails of the said years, letters are to be written to distrenzie the said John Jardine of his lands and goods for that.
[1476/7/71]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by John [Carlyle], lord Carlyle, and Janet, his spouse, against John of Maxwell regarding the wrongful occupation of the place of Guvanehaggis and the lands pertaining thereto, pertaining to the said Janet through a tack from the late reverend father in God Andrew [Durisdeer], bishop of Glasgow, both the said parties being present in person and their allegations and the said letter of tack being seen, heard and understood at length, the lords auditors, fully advised, decree and deliver that because the said John admitted in their presence that he had neither claim nor right to the said place or lands, that therefore he should withdraw from and clear the same in favour of the said lady to be used and enjoyed by her and her tenants for the terms contained in the said letter of leases made to her thereupon, and ordain that letters are to be written to make him withdraw from and clear out of the said place.
[1476/7/72]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Alexander Muir against William MacLellan of Bombie regarding the wrongful taking and withholding from him of an ox, taken by the said William, the said Alexander being present in person and the said William peremptorily summoned and often called but not compearing either by himself or through his procurators, the lords auditors, fully advised, decree and deliver that because the said Alexander produced an act of deliverance from the lords of council under white wax which mentioned that the steward of Kirkcudbright and his deputies were discharged from their offices at the time the brieve of the lands of Bardroched† were served, the sasin given thereupon was of no value, and therefore the said William shall restore, hand over and return to the said Alexander the said ox taken by him, or otherwise the price and value thereof that [the ox] was worth at the time he was taken, and ordain that letters be written to distrenzie him of his lands and goods for that.
[1476/7/73]*[print] [email] [cite] [preceding] [following]
Henry Wilson protested in the presence of the lords auditors that, because he was summoned to the suit of Robert the Ross and the said Robert was often called but did not compear, either by himself or through his procurators to pursue the said Henry, therefore the said Robert should not be heard in judgement in the said action until he is contented and paid for his costs and expenses and until he is newly summoned.
[1476/7/74]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by John Kennedy, [lord Kennedy] and Elizabeth [Gordon], countess of Erroll, his spouse, against John of Elder, Andrew Taylor, William Milne, Alexander Tillydaff of that Ilk, David Straiton, Thomas of Murray, Elizabeth Fenton, George of Fenton, Andrew Murray and James Gibson, that is to say the said John Elder regarding the wrongful withholding from them of 14 bolls of meal and malt from the farms and corn from the lands of Over Ardmachane for the past 4 years and of a beef-ox priced 12s, and 8s for certain sheep called custom sheep, and of a dozen poultry, and 4 capons pertaining to the said Elizabeth through a terce; and the said Andrew Taylor regarding the wrongful withholding of the farm from the lands of the Alehousehill for the past 4 years totalling 28s, 7 firlots of victuals and 4 poultry; and the said William Milne 7 bolls of victuals from the farm of Forvie mill; the said Alexander Tillydaff 6 bolls of victuals from the said terms, and 10 bolls of oats called custom oats, and certain sheep called custom sheep priced 6s 2d and 12 capons and poultry; David Straiton 17s annually from 6 years from the farms of the lands of Ardufry; Thomas of Murray 5 firlots of meal from a past term of the lands of Tibirte ; the said Elizabeth Fenton 5 firlots of meal from the farm of the lands of Clochtow and 13s 4d and of a horse from a heriyeld; the said George 13s 4d 2 bolls from a ferme of oatmeal of the lands of Callerty; Andrew Murray from the oatmeal from the farm of Brogan; James Gibson 2 bolls of meal and malt from the said farm. The said John and Elizabeth being present in person and the said persons often called but not compearing either themselves or through their procurators to prove the payment of the goods, victual and sums of money aforementioned to the late Andrew Alanson in the name of the said John Kennedy, and failing the said proof [they are] to make payment thereof just as purported by an act of the lords of council produced before the lords auditors, the lords auditors of causes and complaints, fully advised, decree, deliver and ordain that the said person shall satisfy and pay all the victual, goods, money and fowl aforementioned to the said John and Elizabeth, his spouse, as they had failed in the said proof, and ordain that letters be written to distrenzie the said persons of their lands and their goods for that.