12 June 1478

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

12 June

In the action and cause pursued by David Crichton of Cranstoun, on the one part, against John Campbell of Loudoun, knight, on the other part, regarding the warrandice, release and keeping uninjured of David concerning the payment of 600 merks to Henry Forrester of Niddrie, the said David being present in person and the said John personally summoned and often called but not compearing, the lords auditors decree and deliver that the said John shall warrant, release and keep uninjured the said David concerning the payment of the said sum along with the costs and damages, if he sustains any through this, and ordain letters to distrenzie him of his lands and goods for this, just as was proved through an obligation shown and produced before the said lords.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back

The lords auditors decree and deliver that Thomas Skene shall satisfy and pay Thomas Livingstone the sum of £28 of the usual money of Scotland just as he was bound by his obligation as shown and produced before the said lords, to be paid within the four next months because the said Thomas is outwith the realm in his merchandise, and ordain letters to be written to distrenzie him of his lands and goods for this, the said four months being passed.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back

In the action and cause pursued by Master Alexander Inglis, dean of Dunkeld, against James Ogill, regarding the wrongful occupation, working and withholding of the lands of Panscholis set to the said Master Alexander by [Richard Lamb], abbot of Melrose, and wrongly occupied, worked and withheld by the said James since the last term of Whitsunday [10 May] past, as was alleged, both the said parties being present in person and their rights, reasons and allegations in the said matter heard, seen and understood at length, the lords auditors decree and deliver that the said James has done wrong in occupying, working and withholding the said lands since the said term of Whitsunday, and therefore ordain letters to be written to withdraw the said James and his goods from the same in favour of Master Alexander, to be used and enjoyed by him freely in the future throughout the terms of his lease set to him by the said abbot and according to the form of the same.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back

The lords auditors decree and deliver that Robert [Fleming], lord Fleming, shall satisfy and pay Patrick Baron, burgess of Edinburgh, the sum of 26 merks owed by him to the said Patrick for certain merchandise as debtor for himself and his son Robert Fleming, as was proved by the said Patrick's account book containing the said sum shown before the said lords, and ordain letters to be written to distrenzie the said Robert, lord Fleming, of his lands and goods for this, and because the said Lord Fleming alleges that the said Robert, his son, should relieve him of 20 merks of the said sum, the lords continue the summons between the said lord and his son until 4 July next, with continuation of days, and ordain the said lord to have letters to summon his proof on the said day to prove his said allegation.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back
Judicial proceedings: act of the lords for the falsing of dooms

Of the falsing of dooms

On the same 12 June, in presence of the lord king

The lords auditors, chosen by the three estates in this present parliament to decide the dooms, decree and deliver that the doom given in the justice ayre of Cupar, in the tolbooth of the same, before John Haldane of Gleneagles, one of our sovereign lord's general justices on the northern half of the Forth water, by the mouth of [...], dempster, on 25 February 1477 [1478] for the surety found by Alexander Spens, advocate and spokesman for John Dishington of Ardross, for three brieves of mortancestry purchased by Andrew Bissett for the lands of Kinbrachmont, and against a counter-pledge made by William Richardson, advocate and spokesman for the said Andrew, was improperly given and properly redeclared by the said William for various and several reasons produced and shown before the lords.

Notice of a falsed doom

This court of parliament shows for law that the doom given in the justice ayre of Cupar in the tolbooth of the same before John of Haldane, etc., as is written above was improperly given and properly redeclared, and therefore each baron and freeholder who had suitors in the said ayre and warded and voiced the said doom are all to be fined just as they might lose in the said ayre, and all are in fine of this court of parliament as is fitting by law, and that I give for doom.

Which judgement our most excellent abovewritten lord and king confirmed in the royal estate and sitting in the place of the tribunal, with his own voice affirmed by mouth.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back
Charter: confirmation of the queen's estates

In this parliament held and begun at Edinburgh as above, continued etc. to 12 June in the abovewritten year, our same most excellent prince and lord the king, with the advice, deliberation, consent and assent of the three estates of the realm there present as a court, sitting in royal state, granted, gave, approved, ratified and newly confirmed, and by the tenor of the present writing grants, gives, approves, ratifies and newly confirms, all the lands, lordships, castles, customs, burghal fermes, with liberties, pertinents and annexes - namely all of the lordship of Galloway, both above and below the water of Cree, with the great and small customs and burghal fermes of Kirkcudbright and Wigtown, with the castle of Threave; also all the lordship of Ettrick Forest, with the fortalice of Newark; and the lands of the lordships of Stirlingshire and Tillicoultry, with the castle of Stirling and the great and small customs of the same; the whole and entire lordship of Strathearn, with the great and small customs of the burgh of Perth; all the lordships of Menteith, Strathgartney and Balquhidder, with the castle of Doune in Menteith; the lordship of Kinclaven; the lordship of Methven with the castle of the same; the lordship of Linlithgowshire, with the palace, loch and ward of Linlithgow, with the great and small customs and burghal fermes of the same; and with justice and chamberlain ayres, the courts of sheriffs and royal bailies, the profits, benefits and escheats of the said ayres and courts within the said lands and lordships and burghs; and wards, reliefs and marriages as often as they occur; and with the right of patronage to the advowsons and presentations of all benefices, churches, hospitals and chaplainries within the said lands, lordships and burghs, as often as they fall vacant, after and according to the tenor, strength, form and effect of the charters of the same most excellent prince, given and granted by royal authority to the lady Margaret, queen of Scotland, his wife, as her recompense and satisfaction for her third of all the property and revenues of the realm of Scotland, promised and bound, as is more fully contained in those charters. And also the same most excellent lord our king, with the consent, advice and deliberation of the aforesaid three estates, on behalf of himself and his successors, committed to the same most excellent princess, the lady Margaret, queen of Scotland, the rule, governorship and custody of our dearest eldest son James [Stewart], duke of Rothesay, earl of Carrick and lord of Cunninghame, for five years, with the keeping of the castle of Edinburgh for the same term, with the customary annual pension for the keeping of the same, and for constables in her name; with the power to appoint constables, janitors, guards, gaolers and the other officers necessary for the keeping of the said castle, as is more fully contained in his letters drawn up thereupon. Which all and sundry things aforesaid, the much-mentioned most excellent prince approved, ratified and newly confirmed, with the same royal authority, and with the aforesaid consent and deliberation; and in the best manner etc., on behalf of himself and his successors, approves, ratifies and newly confirms them in all their points and articles, manners and circumstances, by the tenor of the present writings. Parliament as witness.

Whereupon the reverend father William [Tulloch], bishop of Moray, keeper of our supreme lord the king's privy seal, in the name and on behalf of the same most excellent princess, the lady Margaret, queen of Scotland, urgently sought the witness of notaries there present, in the customary form, upon the foregoing matters; and urgently sought that the seals of the abovewritten most excellent prince, and of other lords, prelates, barons and commissioners be made and affixed to those testimonial letters and charters in respect of the foregoing matters.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back
Judicial proceedings: acts of the lords auditors of causes and complaints

After noon

In the presence of the lords auditors James Ogill drew his lands and goods as surety to the king's highness that Master Alexander Inglis, dean of Dunkeld, his subtenants and servants of Panschelis would be unharmed and uninjured by him and any that he may permit to use and enjoy the same, except as the law allows.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back

Regarding the summons purchased by Thomas MacKettrick against Thomas MacLellan, Walter Bonby, Maurice MacArthur and Malcolm MacBirnie, concerning four merks worth of a land and a half lying in Glenkens, the lords auditors ordain that the said parties obtain brieves of division or any other coursable brieves from our sovereign lord's chapel which they consented to before them, because the said Thomas MacLellan alleges that their lands are not from the lands that MacKettrick has entered, and both the said parties have consented to Alexander Stewart of Greenan and James Lindsay of Fargarth jointly and severally to be stewards of Kirkcudbright in that part for the serving of the said brieves.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back

The lords auditors decree and deliver that Walter Rolland shall satisfy and pay David Wemyss one chalder of English barley which he took from the said David, or otherwise the value thereof, just as was proved before the lords, and ordain letters to be written to distrenzie him of his lands and goods for that, and failing that the said Walter Rolland [does not] return or pay the said barley to the said David, the lords appoint 4 October next, with continuation of days, for him to prove the value of the said one chalder of barley before the lords of council, and ordain letters to summon his witnesses on the said day.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back

The lords auditors decree and deliver that Henry Leis, burgess of Edinburgh, shall return and hand back to Simon Spardur the following goods taken and withheld from him and his wife by the said Henry, as was adequately proved before the said lords, that is to say a long-tailed gown of English brown cloth lined with buckram, item a garment of English red cloth, a garment of blue-grey cloth, a hat and a band of the same, a kerchief of Dutch cloth, a kerchief of broad cloth, a housewife's kerchief, side gown of English brown cloth belonging to the said Spardur, the roof of a bed [and] the curtains of the same, a flock mattress, three pairs of sheets, one pair of blankets, two worsted beds, a mantle, three large cushions, three small cushions, a chest, a table cloth, two towels, six pewter dishes, four large pewter chargers, two salt-cellars, two salt-dishes, two large candlesticks, a pot, two pans, a grate, a spit, a black buckram curtain from a press, a stone of flax spun as yarn, a quarter gallon measure, a tin vessel, a book of hours, a mashing vat, two barrels, a worsted wall-hanging, a tub, a hook, a bundle of heather with straw from a bed, a pair of wool-cards, a quarter of 'walde' wool, six cups, six wooden dishes, three wooden 'dublatis', two worsted cradle belts, twelve trenchers, a pair of tongs, two chairs with sides and a chair with a back. And failing that the said Henry delivers or returns the said aforementioned goods to the said Simon, he shall satisfy and pay him their value totalling £10 as was proved by the said witnesses before the said lords, except 13s [is] to be allowed toward it which the said Spardur owes him in such a way that was proved by the said witnesses, and ordain letters to be written to distrenzie the said Henry of his lands and goods for this.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back

The lords decree and deliver that John Ramsay shall retain the lands of the sixth part of the husband town lying in the barony of Dounie and set to him by Thomas Maule of Panmure, knight, for his lifetime, and to Agnes, his wife, as is contained in a letter of set made to the said John and Agnes by the said Sir Thomas, unless Thomas the Ramsay can lawfully prove that the said John had handed over the said tack, [and] the lords appoint 4 October next, with continuation of days, [for that] to [be] lawfully proven before the lords, and ordain him to have letters of summons to summon his witnesses, and the parties are summoned according to the act.

  1. NAS, PA2/2, f.58r. Back
  2. NAS, PA2/2, f.58r. Back
  3. NAS, PA2/2, f.58v. Back
  4. NAS, PA2/2, f.58v. Back
  5. NAS, PA2/2, f.59r. Back
  6. NAS, PA2/2, f.59v-60r. Back
  7. NAS, PA2/2, f.61r. Back
  8. NAS, PA2/2, f.61r. Back
  9. NAS, PA2/2, f.61r. Back
  10. NAS, PA2/2, f.61v. Back
  11. NAS, PA2/2, f.61v-62r. Back