19 March 1483

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

19 March

Sitting were [William Scheves], archbishop [of St Andrews], [James Livingston], bishop of Dunkeld [and] chancellor, [William Elphinstone], confirmed bishop-elect of Ross, [George Carmichael], bishop-elect of Glasgow, [Colin Campbell], earl of Argyll, [David Lindsay], earl of Crawford, [William Hay], earl of Erroll, [Andrew Stewart], lord Avondale, [Alexander Lyon], lord Glamis, [Laurence Oliphant], lord Oliphant, [William Knollis], preceptor of Torphichen, [Archibald Whitelaw], secretary, [Alexander Inglis], archdeacon of St Andrews, John Ross, Master Richard Lawson.

  1. NAS, CS5/1, f.17v. Back
  2. NAS, CS5/1, f.17v. Back
  3. Deleted - 'lands'. Back
  4. Deleted - 'and giv'. Back
  5. Deleted - 'as the'. Back
  6. Deleted - 'ause put powe'. Back
  7. A letter is deleted. Back
  8. Deleted - 'against'. Back
  9. Deleted - 'lord'. Back
  10. Deleted - 'taken'. Back
  11. NAS, CS5/1, f.17v-18r. Back
  12. Deleted - 'hurt. Back
  13. Deleted - 'the'. Back
  14. Deleted - 'either of the parties'. Back

The action and cause pursued by John [Carlyle], lord Carlyle, against George Herries regarding the wrongful taking by force and holding of Herbert Herries, and also regarding the wrongful interfering with the office of curator of John Herries and Sir David Herries claimed by the said Lord Carlyle to pertain to him by a gift from our sovereign lord, and also claimed by the said George Herries to pertain to him by a gift also from our sovereign lord, after the handing over by the Lord Carlyle of the gift made to him, because the procurators of the said Lord Carlyle object to an instrument produced by the said George of the handing over of the said office, and they may not through their procurators pursue any crime of falseness of the said instrument, the lords continue the aforesaid action until 22 April next, with continuation of days, in the same form as it is now, and ordain the Lord Carlyle's procurators to warn him to compear himself in person on the said day so that he can declare whether he will pursue the said exception criminally or civilly, and the said George Herries is summoned in person according to the act to compear on the said day. And regarding the taking and withholding of the said Herbert against his will and by force by the said George, the said Herbert has in the presence of the lords himself declared that he was neither taken nor withheld against his will.

  1. NAS, CS5/1, f.17v. Back
  2. NAS, CS5/1, f.17v. Back
  3. Deleted - 'lands'. Back
  4. Deleted - 'and giv'. Back
  5. Deleted - 'as the'. Back
  6. Deleted - 'ause put powe'. Back
  7. A letter is deleted. Back
  8. Deleted - 'against'. Back
  9. Deleted - 'lord'. Back
  10. Deleted - 'taken'. Back
  11. NAS, CS5/1, f.17v-18r. Back
  12. Deleted - 'hurt. Back
  13. Deleted - 'the'. Back
  14. Deleted - 'either of the parties'. Back

The action and cause pursued in the name and on behalf of our sovereign lord against Robert of Douglas of Lochleven, Alexander Seton of Parbroath, David Barclay and certain other persons contained in the summons, who passed on the serving of the brieve of inquest purchased by John of Cunningham on the death of his uncle George of Cunningham regarding the lands of Westburn and Gallowside for their error, is continued by the lords of council until 22 April, with continuation of days, in the same form as it now is, and ordain the purported tutors of the said John of Cunningham to bring with them such evidence and documents on the said day as they will use and show that the said lands are held in blench ferme. And in the meantime our sovereign lord shall on their expense cause [Patrick Leich], clerk register, to travel and look for the old exchequer rolls to see if any declaration can be found to more clearly show how the same lands are held, for his highness neither wants to be hurt himself in his heritage nor have the said John injured without reason. And also that the said purported tutors [are to] bring with them [on] the said day the charter from King Robert that they now show before the lords, and the said persons of inquest are summoned according to the act to compear [on] the said day. And in the meantime, the mails and fermes of the said lands [are to] remain in the tenants' hands until the said day, to be uncollected by any party.

  1. NAS, CS5/1, f.17v. Back
  2. NAS, CS5/1, f.17v. Back
  3. Deleted - 'lands'. Back
  4. Deleted - 'and giv'. Back
  5. Deleted - 'as the'. Back
  6. Deleted - 'ause put powe'. Back
  7. A letter is deleted. Back
  8. Deleted - 'against'. Back
  9. Deleted - 'lord'. Back
  10. Deleted - 'taken'. Back
  11. NAS, CS5/1, f.17v-18r. Back
  12. Deleted - 'hurt. Back
  13. Deleted - 'the'. Back
  14. Deleted - 'either of the parties'. Back