[1478/6/13]*[print] [email] [cite] [preceding] [following]
4 June before noon
Regarding the spulzie made by John Young, burgess of Edinburgh, on Michael of Chambers' lands of Leith, called Wilson's Close, in the taking of certain poinds for an annual rent of 40s claimed by the said John Young to be owed to him from the said close, the rights, reasons, evidence and charters of both the said parties [being] seen and understood, the lords auditors, fully advised, decree and deliver that the said John has done wrong in the poinding of the said Michael's lands because he has no reason to take his annual from them and that he shall return and hand over the poinds that he has taken to the said Michael and desist from poinding his said lands in the future.
[1478/6/14]*[print] [email] [cite] [preceding] [following]
William Richardson, advocate, compeared before the lords auditors [...]†
[1478/6/15]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by James [Hamilton], lord Hamilton, against William [Crichton], lord Crichton, and David Crichton of Cranstoun, sheriffs of Linlithgow in that part, regarding the serving of a brieve of terce from our sovereign lord's chapel purchased by Marion, the spouse of the late James [Livingston], lord Livingston, for the wrongful and improper procedure in the execution of their office in serving the said brieve, the said James, lord Hamilton, not being lawfully warned for his defence and served outwith the shire as was alleged, both the said parties being present in person themselves and through their procurators, and their rights, reasons, allegations, writs and documents heard, seen and understood at length, the lords auditors, fully advised, decree and deliver that the said sheriffs had not failed in the execution of their office regarding the serving of the said brieves.
[1478/6/16]*[print] [email] [cite] [preceding] [following]
Regarding the proof appointed by the lords of council to Sir Robert Crichton of Sanquhar concerning the holding of half of the lands of Strabrek and access to the same by the laird of Inverugie, and regarding the fee of the superiority of half of the said lands and the tenantry of the same, as contained in the continuance from the said lords made thereupon, because the said Sir Robert alleges that he has other proof which he might not get due to lack of time, the lords auditors continue the said proof in the same form, force and effect as it is now until 4 October next, with continuation of days, without prejudice of party, and ordain that the tenants of the said lands be undisturbed by any of the said parties in the meantime until the said 4 October, just as was previously ordained by the said lords of council.
[1478/6/17]*[print] [email] [cite] [preceding] [following]
After noon
The lords appoint 4 October next, with continuation of days, for Thomas Swift to prove that the obligation made by the late Sir George of Crichton of the Cairns to the late John Swift, his father, regarding the sum of £13 2s 6d was sealed with the seal of the late William of Cranstoun and procured with the said late Sir George, and failing thereof, Sir James of Crichton, the son and heir of the said late Sir George, is to be released of his claim concerning the said sum in the future.
[1478/6/18]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by the bailies, council and community of the burgh of Inverkeithing against William [Sinclair], earl of Caithness and lord Sinclair, regarding the petty customs from the town of Dysart totalling 10 merks annually for the past 27 years pertaining to them and wrongfully collected and withheld by the said William, earl of Caithness for the said time as is alleged, both the said parties being present through their procurators, and their rights, reasons, evidence and infeftments from the said burgh heard, seen and understood at length, the lords auditors decree and deliver that for all that they have seen, the said William, earl of Caithness has done wrong by collecting the said petty customs, and he shall satisfy and pay the said bailies, council and community as much as they can prove he has collected of the said petty customs from the said town of Dysart for the said past 27 years, for which proof the lords appoint 4 October next, with continuation of days, on which being proved letters [are to] be written to distrenzie the said William, earl, of his lands and goods for that, and letters [written] to summon these witnesses, and both the parties are summoned according to the act.
[1478/6/19]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Master Gilbert Rerik, archdeacon of Glasgow, against John of Kilpatrick, James of Gladstone, John of Kirkhaugh, Herbert Watson, William Collin, John Tyndyn, Herbert Croal, John Walsh, Malcolm Neilson, Simon Donaldson, William Neville, Cuthbert MacCorn', Thomas Gall, Herbert MacCon', David Dwn', Gib Duncan, John MacNeil, Simon Gall and Adam Sluthuan, regarding the wrongful occupation of 17 acres of land lying within the freedom of the burgh of Dumfries and the taking up and withholding of the corn and profits of the same to the value of £10, both the said parties being present themselves and through their procurators, their reasons, rights, writs and documents heard, seen and understood, the lords auditors decree and deliver that the said person have done wrong in the occupation of the said acres, and the said Master Gilbert having proved that [Archibald Crawford], abbot of Holyroodhouse, treasurer to our sovereign lord, had the power to set the said acres, the said persons shall satisfy and pay the said Master Gilbert as much as he can prove the said acres were worth from the day the said acres were set by the said treasurer until the day the same were recovered from the king's hands, for which proof [to appear] before the lords of council the lords appoint 4 October next, with continuation of days, and [that] letters [are to be written] to summon their witnesses, and both the parties are summoned according to the act.
[1478/6/20]*[print] [email] [cite] [preceding] [following]
Regarding the summons made by Robert of Crichton of Kinnoull for Alexander Lovell of Ballumbie, William Maxwell of Tealing, James of Rhynd of Broxmouth, George Summer of Balzeordie, Alexander Fenton of Ogle, Patrick Duchir of that Ilk, James Raven of Colzium, David MacIntyre of Innyne, William of Liddell of Panlathy, Patrick Annand of Melgund, James Young of Polgarow, Robert Strachan of Balhousie and Hugh of Walterston, chosen by the sheriff deputies of Forfar to investigate and find out about the lands and goods pertaining to Walter Ogilvy of Owres, for their error and wrongful deliverance, having delivered and said that the said Walter had neither lands nor goods as is contained in the summons because the said persons allege that the execution of our sovereign lord's letters was not put to them in the same manner as endorsed by the said sheriff deputies, the lords auditors continue the said matter until 4 October next, with continuation of days, before the lords of council without prejudice of party, and ordain that the said sheriff deputies [are] to be summoned by the laird of Kinnoull on the said day to prove and verify their execution and aforesaid endorsement, and letters [are] to summon their witnesses, and that letters be written as previously to the principal sheriff to make due execution of the first letters and decrees given thereupon under pain of forfeiture of his office, according to the form of the act of parliament, and both the said parties are summoned according to the act.
[1478/6/21]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by James Cleghorn and Thomas of Cleghorn, executors to the late Adam of Cleghorn, their brother, against Master Humphrey Stirling regarding the wrongful withholding, spoliation and removal of the said late Adam's goods to the sum of 16 Demis of gold, 9 English Harry Nobles, and a noble of Rose, as was alleged, both the said parties being present in person, the said Master Humphrey produced a sequestration made by the dean of Linlithgow on the said sums in his hands, and their reasons, rights and allegations heard, seen and understood at length, the lords auditors decree and deliver that after the said sequestration is released to the said executors as is fitting, the said Master Humphrey shall immediately deliver, satisfy and pay the said sums to the said executors just as he agreed before the said lords, and letters [are] to be written to distrenzie him of his lands and goods for this.