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

11 June before noon

In the action and cause pursued by Robert Dickson, on the one part, against Sir Archibald of Wells, chaplain, on the other part, regarding the observation and warrandice of two tenements of land with the crofts of the same along with its pertinents, lying within the burgh of North Berwick, of which one lies between John of Beanstone's land to the east and St Andrews' well on the other part, with the croft at the end of the same, and the other lies to the west of the same right between the prior's and convent's land of North Berwick to the east and William Gardener's land to the north, the said Robert being present in person and the said Sir Archibald often called but not compearing, and the said action being continued by the lords of council to prove that the said Sir Archibald procured the seal of William Winton of Preston for the letter of tack made to the said Robert for a tenement of Robert of Wells lying in the said burgh of North Berwick, the lords auditors decree and deliver that the said Sir Archibald shall warrant the said Robert Well's lands lying in the said burgh to the said Robert Dickson according to the form of the said letter of tack made to the said Robert thereupon, and ordain letters to be written in due form for this.

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The lords auditors decree and deliver that Walter Tweedie of Drumelzier shall return and hand back to Master Adam of Cockburn of Skirling a footed cup of silver with a cover for the same, double guilded, or otherwise the exact value thereof, the said Master Adam having paid him 20 merks which he admitted he previously took in pledge from the said Walter, and appoint 4 October next, with continuation of days, for the said Master Adam [to come] before the lords of council to prove the value of the said cup, and letters [are to be written] to summon his witnesses, and if it pleases the said Walter to call the laird of Johnstone on the said day, he [should] have letters to summon him and his witnesses if he has any.

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The lords auditors decree and deliver that William MacGhie of Balmaghie shall satisfy and pay John Shaw of Kilsture the sum of 85 bolls of meal at the usual measure of the sheriffdom of Wigtown, just as was proved by the said William's obligation shown and produced before the said lords, and ordain letters to be written to distrenzie him of his lands and goods for that.

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The lords auditors decree and deliver that the decreet and decision given by the lords of council for Sir John of Sandilands of Calder, knight, against Thomas Lowis of Manor regarding the restitution of certain goods of value, force and effect, and ought to be put into execution according to the form, tenor and effect of the same, notwithstanding the taking of the witnesses by the said Sir John's men and his pursuit of the dittay as was alleged, and ordain letters to be written to put the said decreet into due execution.

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After noon

In the action and cause pursued by John of Kinninmonth of Craghill against Sir Thomas Wemyss of Rires, knight, regarding the sum of 1,600 merks through an indenture, is continued by the lords auditors of parliament until 4 October next, with continuation of days, before the lords of council, in the same force and effect as it is now without prejudice of party, because some of the auditors have travelled that way and the significance of the matter which has often been before the said lords of council and now just recently before the lords auditors, and both the parties and their procurators are summoned according to the act.

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The lords auditors decree and deliver that Robert Mercer, burgess of Perth, Margaret, his spouse, and Giles Seras, the heirs of the late Baldwin of Seras, shall satisfy and pay Walter Tyrie of Lonan as heir to the late James of Tyrie, his grandfather, the sum of £6 2s 6d for certain merchandise taken by the said late Baldwin from the said late James, as was proved through an obligation from the said Baldwin shown and produced before the said lords, and ordain letters to be written to distrenzie him of his lands and goods for that.

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The action and cause pursued by Thomas Lowis, Will Henryson, Thomas Brown, Robert Hiltson, Christian Hiltson, Janet Jackson, Thomas Hiltson and Andrew Scott against Sir John Sandilands of Calder, knight, regarding the wrongful spoliation, taking away, destruction and withholding of certain goods contained in the summons, as was alleged, is continued by the lords auditors until 4 October next, with continuation of days, before the lords of council in the same force and effect that it is now without prejudice of party, and have ordained the depositions of witnesses now taken to be closed until the said day, and letters [are] to be given to summon other witnesses if they have any, and both the parties and their procurators are summoned according to the act.

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