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

28 March

In the action and cause pursued by Malcolm of Crambie, on the one part, against Arthur Crambie and John of Murray of the Clow, on the other part, regarding the relieving and refunding to the said Malcolm of their part of the 10 merks annual owed to [George Murray], abbot, and convent of Inchaffray, the said parties being present in person themselves and through their procurators, it was alleged on behalf of the said Arthur that he had paid merk for merk as far as the total of his part of all terms since he had entered there, and [it was] alleged that John of Murray had a warrant for his part in it, the lords auditors therefore appoint 8 May next, with continuation of days, for the said Arthur to prove his said payment, and for the said John to call his warrant, and [the lords] continue the said action until the same day in the same form and effect as it is now without prejudice of party, and the said parties are summoned according to the act, and ordain them to have letters thereupon.

  1. NAS, PA2/3, f.12v. Back
  2. NAS, PA2/3, f.12v. Back
  3. NAS, PA2/3, f.12v. Back

David Wemyss of Dysart compeared before the lords auditors and protested that because David Balfour of Dysart caused him to be summoned to his suit but did not compear to pursue him, that therefore the said David Balfour should not be heard against him in judgement until he pays his costs and expenses and until [he is] newly summoned.

  1. NAS, PA2/3, f.12v. Back
  2. NAS, PA2/3, f.12v. Back
  3. NAS, PA2/3, f.12v. Back

Master John Oliphant compeared before the lords auditors and protested that because Walter Tiree of Lownane caused him to be summoned to his suit but did not compear to pursue him, that therefore the said Walter should not be heard against him in judgement until he pays his costs and expenses and until [he is] newly summoned.

  1. NAS, PA2/3, f.12v. Back
  2. NAS, PA2/3, f.12v. Back
  3. NAS, PA2/3, f.12v. Back