[1482/12/65]*[print] [email] [cite] [preceding] [following]
14 December
In the action and cause pursued by Marion, the spouse of the late Robert Blackadder, against Adam Blackadder of that Ilk, for the wrongful withholding from her of the sum of 50 merks from the mails of the third of the lands of Blackadder for the past 5 terms, as was alleged, the said Adam being often called but not compearing, and the said Marion being present in person, showing and producing the said Adam's obligation, which being seen, read and understood by the lords auditors, the said lords auditors appoint 11 January next, with continuation of days, for the said Marion to prove what terms and how many he used [of] the third of the said lands during peacetime, which being proven by her the said lords ordain the said Adam to pay the said Marion 10 merks for each term according to the form of his obligation, and also for the said Marion to prove what and how much the said Adam received of the said lands during wartime, and of that he [is] to pay her the third penny according to the form of his said obligation shown and produced before the lords auditors as is said, and ordain her to have letters to summon her proof and the party to hear them sworn.
[1482/12/66]*[print] [email] [cite] [preceding] [following]
Master Robert Houston, procurator for Humphrey Colquhoun of Luss, compeared before the lords auditors and protested that because Laurence [Oliphant], lord Oliphant caused the said Humphrey to be summoned to his suit but did not compear to pursue him, that therefore the said lord should not be heard against him in judgement until he has paid his costs and expenses and until he is newly summoned.
[1482/12/67]*[print] [email] [cite] [preceding] [following]
The said Master Robert Houston, procurator for the said Humphrey [Colquhoun of Luss], compeared before the said lords auditors and protested that because David Mercer of Innerpeffray caused the said Humphrey to be summoned to his suit but would not compear to pursue him, that therefore etc.
[1482/12/68]*[print] [email] [cite] [preceding] [following]
The said Master Robert [Houston], aforesaid procurator, compeared before the said lords auditors and protested that because John Fleming and his spouse had the said Humphrey under continuation of summons regarding 4 merks worth of land of Inverlauren through an act given by the lords of council thereupon, but would not compear to fulfil the tenor of the said act, that therefore etc.
[1482/12/69]*[print] [email] [cite] [preceding] [following]
William Clerk, porter to the king, compeared before the lords auditors and protested that because Master Clement Currour caused him to be summoned to his suit but would not compear to pursue him, that therefore etc.
[1482/12/70]*[print] [email] [cite] [preceding] [following]
Duncan Forrester, procurator for his father Matthew Forrester, compeared before the said lords and protested that because he was summoned to show his evidence and rights which he would use in the using and enjoyment of the lands of Cambusbarron in the suit of William James, and that the said William did not come to produce and show his evidence and rights regarding the said lands just as he, too, had been summoned, therefore the said William should not be heard against the said Matthew in judgment until he has paid his costs and expenses etc.
[1482/12/71]*[print] [email] [cite] [preceding] [following]
Andrew Kinross compeared in the presence of the lords auditors and sought lawborrows from Andrew Gray and confirmed that he feared him, and thereafter the said Andrew Gray, in the presence of the said lords, found his hand, land and goods lawborrow that the said Andrew Kinross should be unharmed and uninjured by him in his person and in his goods in so far as the law allows, under the pain of £100.
[1482/12/72]*[print] [email] [cite] [preceding] [following]
Robert of the Graham compeared in the presence of the lords auditors and produced and showed an instrument under the sign of Sir James Daroch, chaplain and notary public, of the oath of Margaret the Graham, that she should not revoke the alienation or gift made to Malcolm Forrester of the Torwood of all and sundry of the lands of Little Kettilstoun and of the lands of Mongwel, Pettintoskane, and of the Cruke of Alweth, and of Culbeg and Culmore, and that she should in no way whatsoever act in contradiction to the said alienation and gift, reserving to her alone her terce of the aforesaid lands after her husband's death.
[1482/12/73]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Alexander Scott, cessioner and assignee to the executors of the late Master Robert Colstoun, parson of Kirkchrist, against John Kennedy of Blairquhan, William Colville, John Kersane of the Glen, Edward Muir, Gilbert MacGie, Ninian Vaus, Roland MacDowall, Thomas Kennedy, John Makaviote, Jonkin Makaviote, Walter Williamson, Rob Neilson, John Walker, Andrew Reid, James Morton, John Beg, Nicol Kennedy, Robert Colstoun and John of Colstoun, that is say the said John Kennedy for the wrongful spoliation, removal and withholding of a feather bed, two red covers, three pairs of sheets, a cushion, an iron waw,† and a pot; the said John Kersane of the Glen for taking and withholding of 6 cattle and 140 sheep; the said William Colville, Jonkin Makaviote, John Makaviote, Walter Williamson, Andrew Reid, James Morton, John Walker, John Beg and Nicol Kennedy for the wrongful spoliation and withholding of two flock mattresses, 200 oak boards, 100 lathes, a feather bolster, a coat of mail, a meat board, two chests, five barrels, a brewing vessel, 15 pipes, two guns, three bolls of malt, a 6 stone lump of resin, some peat and coal totalling 100 load, 8 bolls of threshing corn and 12 threaves of unthreshed corn; the said Ninian Vaus and Roland MacDowall for the spoliation, removal and withholding of 14 head of cattle, that is to say, three cows, three oxen, 8 two-year olds and 35 wethers; the said Robert Colstoun and John Colstoun for the spoliation and removal of 20 young sheep; the said Edward Muir for the spoliation of 30 sheep, [both] young and old; the said Robert Neilson for the spoliation of a young grey horse; and the said Gilbert MacGie for the spoliation of 40 wethers. All the said persons often called but not compearing, the said Alexander, being present in person, showing and producing an instrument of cessionary and lease from Sir David Colstoun and Sir John Neil, priests, executors of the said late Master Robert Colstoun, which being seen, read and understood, the lords appoint 11 January next, with continuation of days, for the said Alexander, cessioner to the said executors, to prove that the said persons spulzied and took the said goods, which being proven that they [must] satisfy and pay the said Alexander, cessioner as is said, as much as he proves [was] spulzied and taken by the aforesaid persons, and ordain him to have letters to summon his proof and the party to hear them sworn.
[1482/12/74]*[print] [email] [cite] [preceding] [following]
The said 14 December
The lords auditors continue all summons of this day to be decided before the lords of council on Monday the 16th of this current month, in the same form and effect as they are now without prejudice of any party.