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

14 July before noon

Thomas of Yar, summoned to the suit of John Young, Englishman, regarding the sum of £35 English contained in an obligation, as the said Thomas alleged, the said John being often called but not compearing either by himself or through his procurators to pursue, the said Thomas protested before the lords auditors that the said John should not be heard in judgement in the said cause until such time that he is contented and paid for his costs and expenses and until he is newly summoned.

  1. NAS, PA2/2, f.34r. Back
  2. NAS, PA2/2, f.34r. Back
  3. NAS, PA2/2, f.34v. Back

The lords appoint 2 October next, with continuation of days, for Dennis of Cavers to compear in person before the lords of council because his procurator John of Haddington denied the seal that was produced by [Henry Crichton], abbot of Dunfermline on his obligation regarding the sum of £4 groat, and failing his appearance on the said day to defend himself from the said obligation and sum as he should do, he is to satisfy and pay the said sum to the said abbot, and letters are to be written to distrenzie him of his lands and goods for that.

  1. NAS, PA2/2, f.34r. Back
  2. NAS, PA2/2, f.34r. Back
  3. NAS, PA2/2, f.34v. Back

In the action and cause pursued by Lowic Lars, porter of Bruges, and his procurators, against David Kintor, John Anderson, Alexander Menzies and Thomas of Cullen, that is to say, the said David and John regarding the wrongful withholding from him of £10 groat of the usual money of Flanders, just as purported by the indenture produced and shown before the lords, and also regarding the sum of £40 groat of the said money for Matthew Forrester, just as contained in the said indenture; and the said Alexander regarding 8 barrels of salmon, just as his obligation purports; and the said Thomas £7 groat, 19s groat and 4 groat of the said money and 4 barrels and a half of salmon. Both the said parties being present through their procurators, and the said indenture and the obligation of the said Thomas being produced and shown, the lords auditors of causes and complaints, fully advised, decree and deliver that the said David Kintor and John Anderson shall satisfy and pay the said Lowic both parts of £10 groat and both parts of £40 groat of the said money according to the form of the said indenture, and letters are to be written to distrenzie [them of] their lands and goods for that; and that the said Thomas of Cullen shall satisfy and pay the said Lowic the said sum of £7 groat, 19s groat and 4 groat of the said money and 1 barrel of salmon proved before the lords by the said Thomas, and because it was alleged by the said Thomas' procurator that the said sum contained in the obligation is paid to the said Lowic, the lords appoint 4 October next, with continuation of days, for the said Thomas to prove this said payment, and failing thereof that letters be written to distrenzie him of his lands and goods for that and letters [be written] to summon the witnesses.

  1. NAS, PA2/2, f.34r. Back
  2. NAS, PA2/2, f.34r. Back
  3. NAS, PA2/2, f.34v. Back