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

13 June before noon

The lords auditors decree and deliver that Humphrey Murray, bailie of Perth, John of Brig, clerk of the same, shall make themselves wards of the castle of Blackness within the next 8 days, there to remain at their own expense until they are freed by the king's highness, the said Humphrey for the wrongful withholding of our sovereign lord's letters and for not executing his office in the same, and the said John for the denial and non-delivery of the court record purchased and requested by William of Cavers, as was proved before the said lords, and ordain letters to be written for this and to the captain, constable and keepers of the said castle to receive them as wards. Moreover, [the lords] appoint 4 October next, with continuation of days, for the said William to prove before the lords of council the costs and damages he had sustained through this, and that new letters be written to the aldermen and bailies of the said burgh to make due execution of the decreets and letters given previously as is fitting.

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The lords appoint 4 October next, with continuation of days, for Henry Melville of Carnbee to prove that Gellis of Myreton and Thomas Melville, his son, had their goods underwritten, a gold ring, a silk doublet, a silver sword belt and all the other things pertaining to the said Henry through inheritance, and to prove the crop and profit of the sowing of the lands of Carnbee of 20 bolls of oats, estimated at three chalders and 12 bolls of oats, and of 27 bolls of barley, estimated at 6 chalders and 12 bolls sown on both his parts of the lands of Carnbee after his father's death, and [the lords] continue the summons in that part until the said day in the same force and effect as it is now without prejudice of party, and that new letters of summons be given to the witnesses to compear on the said day under pain of rebellion, and to be punished for their disobedience because they did not compear previously when they were summoned. Moreover the said Gellis shall release the said Henry from the 17 and a half merks of the third of the lands of Stonehouse from the past terms for her part of an annual owed to Henry Forrester, and ordain letters to be written to distrenzie her of her lands and goods for that, and as for the continued part of the summons both the parties are summoned according to the act, and as much as the said Gellis can prove [has been] paid of the said sum for the past 5 years is to be allowed to her, and ordain her letters of summons to summon her witnesses thereupon for the said day.

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The lords decree and deliver that Walter Stewart of Cluny has done wrong in tearing down the shiels of the lands of Tulymwly and Sarsach, being under the agreement of perambulation between the said Walter and a reverend father James [Livingston], bishop of Dunkeld, as purported by an instrument bearing the form of agreement made between the said parties, and that the said Walter shall make up the shiels again on his own expense to be as good as they were before without prejudice of either of their rights or of the said compromise, and for the offences done to the king's highness therein, the said Walter shall go and make himself a ward of Blackness castle within the next 15 days, there to remain at his own expense until he is freed by the king's highness, and ordain letters to be written for this, and to the captain of the said castle to receive him as a ward.

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The lords auditors continue the action and cause of summons between Margaret Weir of Blackwood, on the one part, against Richard Bannatyne of Corehouse, on the other part, until the 4 October next, with continuation of days, before the lords of council, without prejudice of party, in the same force and effect as it is now because the witnesses did not compear, and ordain this party to have new summons for his witnesses who did not compear under pain of rebellion and the party [is] to hear them sworn.

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Simon Logan compeared before the lords, summoned to suit of James Davidson, and protested etc.

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