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.

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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.

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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.

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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.

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