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

18 March

The action and cause pursued by Robert Charteris', son to Robert Charteris of Amisfield, as assignee to Cuthbert Menzies against James of Tweedie and Marion of Crichton, his spouse, regarding the tack of the lands of Gateslack and the wrongful occupation and working of the same, because there are various acts and decrees given in the said matter, the lords auditors continue the matter until 10 May next, with continuation of days, in the same force and effect that it is now without prejudice of party, and both the parties are summoned according to the act.

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The lords auditors decree and deliver that Robert of Lauder of the Bass shall satisfy and pay Thomas Crag of the East Crag the sum of 40s for 2 horses taken and poinded by the said Robert's servants and not allowed to pledge until they died, just as was sufficiently proven before the said lords, and to each one of the 5 witnesses who testified in this matter 30d, and ordain letters to be written to distrenzie him of his lands and goods for this.

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The lords auditors decree and deliver that George of Hamilton of Tays shall return to John Martin of Medope three oxen or their exact value when he took them out of the lands of Torphin, just as was proved by an arbitral sentence and by the said George's own admission, and ordain letters to compel and distrenzie the said George of his lands and goods for this.

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The lords auditors decree and deliver that Archibald Stewart shall satisfy and pay Master James Stewart, vicar of Cadar, the sum of 25 merks owed to him for certain teinds from the church of Strowane for past terms, as was proved by the said Archibald's obligation shown before the lords, and that 'carly' John Ayson shall satisfy and pay the said Master James the sum of 7 merks owed to him for the teinds of Cluny from the said church of Strowane as was proved by his obligation shown and produced in similar manner before the said lords, and ordain letters to be written to distrenzie them of their lands and goods for this.

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In the action and cause pursued by John Martin of Medope against Henry Livingstone of Mannerston and William Brown of Hartree, that is to say the said Henry for the wrongful harassment and disturbance of him and his tenants in his half of the lands of Blyth, and the said William for the wrongful and improper serving of brieves of division for the said half lands, both the said parties being present in person and through their procurators, and their rights, reasons and allegations, writs and evidence in the said matter heard, seen and understood at length, the lords auditors decree and deliver that the said William Brown of Hartree, as sheriff in that part, has improperly proceeded in serving the said brieve of division for the said half lands of Blyth for bounds, cause and reasons shown and understood by the said lords, and therefore the division of the said lands of Blyth made between the said parties and all that has followed thereupon is of no value, force or effect to be given faith within or outwith judgment in the future, and that the said John Martin of Medope and his tenants remain with such possession of the half of the said lands of Blyth as they did before the time of the said division, and if he is further harassed, injured or worried by the said Henry in this in the future, that he is to cause him to be called and justice shall be administered and done thereby as is fitting to the law.

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After noon

In the action and cause pursued by Master Gavin Waugh against John of Bourhill of that Ilk, regarding the sum of 160 merks claimed to be owed by him to the said Master Gavin, because the said John did not infeft the late James Waugh and Elizabeth, his spouse, in all and each of his lands within the realm of Scotland, as was contained in an indenture, a decreet arbitral and a decreet from the lords of council given thereupon, both the said parties being present in person and their rights, reasons and allegations heard, seen and understood at length, the lords auditors decree and deliver that the said John of Bourhill shall satisfy and pay the said Master Gavin the sum of 140 merks and 6 merks he received for the marriage of the said James and Elizabeth, because he did not give them all and every one of his said lands in conjunct infeftment, as is contained in the said decreets given thereupon, and that William Waugh is released of the sum of £20 claimed by the said John of Bourhill for the said whole sum owed him for the aforementioned marriage and according to the form of the evidence produced in the said matter, because if the said sum of £20 had been paid to the said John of Bourhill, he was required to repay it to the said Master Gavin; and ordain letters to be written to distrenzie the said John of Bourhill of his lands and goods for the said 140 merks and 6 merks.

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The lords auditors continue the summons between John of Haliburton of the Gask and Hugh [Fraser], lord Fraser until 10 May next, with continuation of days, in the same force and effect that it is now without prejudice of party, and ordain the depositions of witnesses now taken in the matter to be closed until the said day, and letters of summons to be given to the said John to summon his other witnesses, if he has any, to the same, and to warn the laird of Luss for the said day for his right and interest because he is joint-proprietor of the said lands of the Ard contained in the said summons.

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The lords auditors decree and deliver that Robert of Cunningham of Cunninghamhead and Adam Muir, his servant, shall satisfy and pay Simon Wells and his spouse three oxen or the sum of £3 for them taken and spulzied from the said Simon's ploughland by the said Robert, 20s for his household furnishings spulzied in similar fashion by the said Robert from the said Simon and his spouse, and 40s for their costs, injuries and expenses sustained through this, as was sufficiently proven before the said lords, and ordain letters to be written to distrenzie them of their lands and goods for this.

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The lords auditors decree and deliver that John of Glencorse of that Ilk shall warrant to John of Carruthers of the Holmends the tack and lease of the two merks worth of the lands of Stronschelauch according to the form of his letter of tack signed by his hand made to him thereupon and for the terms contained in the same, and ordain our sovereign lord's letters to be written thereupon.

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The lords auditors decree and deliver that Patrick Erskine [should] retain the 40s paid to him for the mails of the lands of Clothok and 20s for the heriyeld from the said lands and to be paid for the same in so far as [what] remains unpaid, and that Alexander Leslie, receiver general to our sovereign lord, shall satisfy and pay James Norrie for the damage and injuries he sustained through the taking and seizing of his goods as executor to the late Patrick of Cunningham, because the said receiver admitted in the presence of the lords that he had received the said mails from the said James, and appoint 10 May next, with continuation of days, for the said James to prove his said damages and injuries, and letters of summons [are] to be given to him thereupon and to summon the said Alexander, receiver, to hear them sworn, and that Humphrey Murray and David Ruthven shall restore and return three oxen taken from the said Patrick in as good a condition as they were when they were taken, or their exact value, along with the costs and injuries sustained by him through this, as he can prove on the said day, and letters [are] to be given to him to summon his witnesses.

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In the action and cause pursued by Thomas of Porteous of the Hawkshaw against Walter of Tweedie of Drumelzier regarding the sum of £40 claimed by the said Thomas to be owed to him by the said Walter, as was contained in an indenture, and to answer to all points contained in the same, both the said parties being present in person and their rights, reasons and allegations in the said matter at length heard, seen and understood at length, the lords auditors decree that the said Walter of Tweedie shall satisfy and pay the said Thomas Porteous, the wife and children of the late Herbert Porteous, their friends and accomplices, to be divided amongst them by the said Thomas Porteous of Hawkshaw, George Porteous of Glenkirk and the brother of the children of the said late Herbert, as they think appropriate, the sum of £40 contained in the said indenture shown and produced before the lords, and that the said Walter shall cause the rest of the points contained in the same to be fulfilled, and if he has paid any sums of money to any other persons without the advice of the said Thomas and aforementioned person, then he should pursue and follow them for that as it pleases him, according to the laws of the realm. And as much as the said Walter may prove that he paid of the said sum to the said Thomas to the other persons contained in the said indentures as aforementioned shall be allowed for him, for which proof the lords appoint 10 May next, with continuation of days, and letters [are] to be written to the sheriff to distrenzie the said Walter of his lands and goods for the said sum of £40.

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