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

20 March

Sitting were [William Scheves], archbishop [of St Andrews], [James Livingston], bishop of Dunkeld [and] chancellor, [William Elphinstone], bishop 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, [William Abernethy], lord Abernethy, [William Knollis], preceptor of Torphichen, [Archibald Whitelaw], secretary, the parson of Ayr, [Alexander Inglis], archdeacon of St Andrews, John Ross, Thomas Fotheringham.

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The lords ordain that letters be written to [Alexander Cunningham], lord Kilmaurs and [John Kennedy], lord Kennedy and William Cunningham, sheriffs in that part, charging them that they distrenzie the laird of Lecht of his lands and goods, and failing [the sale of] his movable goods that he value his lands and sell them according to the form of the act of parliament, for the sum of £95 and 8d according to the form of the proof taken before the said Lord Kilmaurs, and make John the Ross of Montgreenan be paid for it, as it is understood that the said goods were valued to be given to the laird of Lecht and turned for his use. And if there are any other persons who have intromitted with any part of the said goods, and it pleases the said laird of Lecht to call them for it, he shall have justice.

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In the presence of the lords [auditors] David [Lindsay], earl of Crawford has become surety under the pain of £1,000 that Sir James Ogilvy shall be unharmed and uninjured by Alexander [Lyon], lord Glamis, and all that he may allow, in his person and his people, except as the law allows until next Martinmas [11 November].

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In the presence of the lords [auditors] William [Hay], earl of Erroll has become surety under the pain of £1,000 that Alexander [Lyon], lord Glamis shall be unharmed and uninjured by Sir James Ogilvy and all that he may allow, in his person and his people, except as the law allows until next Martinmas [11 November].

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The lords decree and deliver that Henry Horum shall satisfy and pay Sir William of Knollis, preceptor of Torphichen, the sum of £5 groat of Flanders money for each £1 groat 5 merk, just as he is bound [to do] by his obligation shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for that. And the said Henry was summoned to this action but did not compear.

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The action and cause pursued by Sir William of Knollis, preceptor of Torphichen, against David Simpson, Alexander Howison, Alexander Reid and Robert Pret, that is to say, against the said David and Alexander Howison for the withholding from him of £10 groat, and also the said David, Alexander Howison and Alexander Reid of another £10 groat, and the said Robert Pret of £12 groat of Flanders money, by virtue of their obligations shown and produced before the lords, both the said parties being present themselves and through their procurators, and acquittance of each one of the said obligations is shown under the signature of Master James Lindsay, parson of Inchbraoch, as factor to my lord of Aberdeen, as is alleged, and by the said Sir William that the said Master James was not factor at that time to the said bishop of Aberdeen, and also [it was] alleged by the said Sir William that there were two obligations made to the said reverend father of two £10 groat, the lords appoint 14 June for the said David, Alexander Howison and Alexander Reid, Sir Archibald Calderwood, procurator for the said persons, to prove that the said Master James Lindsay was factor to the said bishop of Aberdeen and had power from him for that time to receive the said sums and give acquittance for them, and also [the lords] appoint the said day for the said Sir William to prove that there were two different obligations made to the said reverend father of two £10 groat by the said David Simpson, Alexander Howison and Alexander Reid, and ordain them to have letters to summon their witnesses, and the parties are summoned themselves and their procurators according to the act, and [the lords] continue the action until the same day.

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