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

22 March

The lords decree and deliver that William Stewart of Castlemilk shall release Agnes Cant, the spouse of the late George Cant, regarding two sacks of wool which the said late George became surety for to George Robinson for the said William, just as he admitted in the presence of the lords, and ordain that letters be directed for this, and he [is] to have regress to the said George Robinson regarding the claim that he has on him regarding the said two sacks of wool.

  1. NAS, CS5/1, f.20v. Back
  2. Deleted - 'the lord of Castlemilk'. Back
  3. NAS, CS5/1, f.20v-21v. Back
  4. Deleted - 'Sir Gilbert of Johnstone of preceptor of Elphinstone'. Back
  5. Deleted - 'his'. Back
  6. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  7. Deleted - 'spule'. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'brother'. Back
  10. Deleted - '3'. Back
  11. Sic. Back
  12. Deleted - 'the price'. Back
  13. A unit of measurement of iron. According to DSL the term 'wedeis' refers to: 'a quantity of iron' perhaps originally a 'bundle tied with rope'. Back
  14. Deleted - 'cuce'. Back
  15. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  16. Deleted - 'regarding the costs, injuries and damage that the said Sir William has sustained in these matters'. Back
  17. NAS, CS5/1, f.21r. Back
  18. Deleted - 'Irving'. Back
  19. NAS, CS5/1, f.21v. Back
  20. NAS, CS5/1, f.21v. Back
  21. Deleted - 'them'. Back
  22. NAS, CS5/1, f.21v. Back
  23. NAS, CS5/1, f.22r. Back

The lords decree and deliver that Adam of Johnston, son and heir apparent of Sir Gilbert of Johnston, Adam of Johnston, brother of the said Sir Gilbert, Duncan of Carribber, George of Lumley, James Lumley, John Mason, John Heriot, John Adamson, John of Grintoun, Patrick Atzin, Clement Gray and James Gillone shall restore and return to Sir William Knollis, preceptor of Torphichen, these underwritten goods [in] as good [condition] as [when] they were taken, or their [equivalent] value, that is to say, 14 oxen, each priced 30s, a plough and its implements, priced 1 merk, 14 chalders of oats, priced 5s per boll, and the fodder of the same 40s, a down bed with a bolster, with canopy and head cloths from Arras, priced £13, an iron grate, priced half a merk, 6 pieces of pewter vessels, priced 12s, 10 dawark of hay, priced 10 merks, item, coals and peats, priced 40s, 40 stone of cheese, priced 30d per stone, 6 firlots of meal, priced 10s per boll, 3 firlots of malt, price 1 merk per boll, which aforesaid goods were taken and spulzied by the said persons from Torphichen pertaining to the said Sir William, as was clearly proved before the lords. And also the lords decree and deliver that the said persons shall restore and return to the said Sir William these goods or their value [in] as good [condition] as they were [when] taken, that is to say, 14 cows and 6 stirks, each priced with the stirk 30s, 280 sheep, and of those 140 ewes and the rest barren sheep, each priced 4s 6d per head, which goods were similarly spulzied and taken by the said persons from the Lochotis, as was clearly proven before the lords. Also the lords decree and deliver that these persons, that is to say, James Lumley, Andrew Muirhead, Lowrie Cook and James Thomson shall restore and return to the said Sir William 60 hogs, each priced 30d, 20 ewes, each priced 5s, two tupps, each priced 5s, and 3 cows and 2 stirks, each priced with the stirk 30s, also spulzied and taken by the said persons from the place of Fallows, similarly proven before the lords. And also the lords decree and deliver that these undernoted persons, that is to say, Sir Gilbert of Johnston, Adam of Johnston, his son, Adam of Johnston, his brother, John Mason, George Lumley, James Lumley, Robert Lauder, John Heriot, Andrew Watson, James Lam, and Dave Frebarne, shall restore and return to the said aforesaid Sir William of Knollis these undernoted goods [in] as good [condition] as [when] they were taken, or their value, that is to say, 3 chalders 12 bolls of wheat, price of the boll 20s, 12 chalders of oats, price of the boll 10s, item, 2 bolls of barley, price of the boll 16s, 14 oxen, each priced 35s, 40 hogs, each priced 30d, 27 ewes, each priced 5s, 3s with the implements, their price and their said implement £4, 1 flock mattress, 1 pair of sheets, 1 blanket, 1 covering, priced £2, 1 large chest, priced £2, a Flanders chest, priced 13s 4d, an iron grate, priced 20s, the accessories of a large fireplace weighing 12 stone of iron, priced 4s per stone, 95 weddies of iron, priced 2s per weddy, a barrel of tar, priced 20s, item, 12 pieces of pewter vessels, priced 24s, a couch bed, priced 5s, item, 6 dawark hay, priced £3, which goods were spulzied and taken by the said persons from the lands and place of Liston, as was also clearly proven before the lords, and ordain that letters be written to distrenzie the said persons of their lands and goods for the aforementioned sums and goods. And also the lords appoint 14 June next, with continuation of days, for the said Sir William to prove the value and quantity of his costs and injuries that he has sustained by the said persons in the said matters, and ordain him to have letters to summon his witnesses.

  1. NAS, CS5/1, f.20v. Back
  2. Deleted - 'the lord of Castlemilk'. Back
  3. NAS, CS5/1, f.20v-21v. Back
  4. Deleted - 'Sir Gilbert of Johnstone of preceptor of Elphinstone'. Back
  5. Deleted - 'his'. Back
  6. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  7. Deleted - 'spule'. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'brother'. Back
  10. Deleted - '3'. Back
  11. Sic. Back
  12. Deleted - 'the price'. Back
  13. A unit of measurement of iron. According to DSL the term 'wedeis' refers to: 'a quantity of iron' perhaps originally a 'bundle tied with rope'. Back
  14. Deleted - 'cuce'. Back
  15. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  16. Deleted - 'regarding the costs, injuries and damage that the said Sir William has sustained in these matters'. Back
  17. NAS, CS5/1, f.21r. Back
  18. Deleted - 'Irving'. Back
  19. NAS, CS5/1, f.21v. Back
  20. NAS, CS5/1, f.21v. Back
  21. Deleted - 'them'. Back
  22. NAS, CS5/1, f.21v. Back
  23. NAS, CS5/1, f.22r. Back

The lords decree and deliver that Alexander Barclay of Mathers shall satisfy and pay Alexander Irving of Strade the sum of £100 for which he is bound by his obligation signed with his hand shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for the said sum, and the said Alexander Barclay was summoned to this action but did not compear.

  1. NAS, CS5/1, f.20v. Back
  2. Deleted - 'the lord of Castlemilk'. Back
  3. NAS, CS5/1, f.20v-21v. Back
  4. Deleted - 'Sir Gilbert of Johnstone of preceptor of Elphinstone'. Back
  5. Deleted - 'his'. Back
  6. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  7. Deleted - 'spule'. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'brother'. Back
  10. Deleted - '3'. Back
  11. Sic. Back
  12. Deleted - 'the price'. Back
  13. A unit of measurement of iron. According to DSL the term 'wedeis' refers to: 'a quantity of iron' perhaps originally a 'bundle tied with rope'. Back
  14. Deleted - 'cuce'. Back
  15. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  16. Deleted - 'regarding the costs, injuries and damage that the said Sir William has sustained in these matters'. Back
  17. NAS, CS5/1, f.21r. Back
  18. Deleted - 'Irving'. Back
  19. NAS, CS5/1, f.21v. Back
  20. NAS, CS5/1, f.21v. Back
  21. Deleted - 'them'. Back
  22. NAS, CS5/1, f.21v. Back
  23. NAS, CS5/1, f.22r. Back

The lords appoint 18 June next, with continuation of days, for Rob Mit to prove that he warned Henry Preston lawfully according to the tenor of his reversion and offered him payment of the sum contained in the same, and [the lords] continue the summons between the said parties until the said day, and ordain him to have letters to summon his witnesses, and the parties are summoned according to the act.

  1. NAS, CS5/1, f.20v. Back
  2. Deleted - 'the lord of Castlemilk'. Back
  3. NAS, CS5/1, f.20v-21v. Back
  4. Deleted - 'Sir Gilbert of Johnstone of preceptor of Elphinstone'. Back
  5. Deleted - 'his'. Back
  6. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  7. Deleted - 'spule'. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'brother'. Back
  10. Deleted - '3'. Back
  11. Sic. Back
  12. Deleted - 'the price'. Back
  13. A unit of measurement of iron. According to DSL the term 'wedeis' refers to: 'a quantity of iron' perhaps originally a 'bundle tied with rope'. Back
  14. Deleted - 'cuce'. Back
  15. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  16. Deleted - 'regarding the costs, injuries and damage that the said Sir William has sustained in these matters'. Back
  17. NAS, CS5/1, f.21r. Back
  18. Deleted - 'Irving'. Back
  19. NAS, CS5/1, f.21v. Back
  20. NAS, CS5/1, f.21v. Back
  21. Deleted - 'them'. Back
  22. NAS, CS5/1, f.21v. Back
  23. NAS, CS5/1, f.22r. Back

The lords decree and deliver that John Jardine of Applegarth shall satisfy and pay William of Dunscore, burgess of Edinburgh, the sum of £5 of the usual money of the realm, owed to him for certain harnesses, as was proved by his own obligation shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for that.

  1. NAS, CS5/1, f.20v. Back
  2. Deleted - 'the lord of Castlemilk'. Back
  3. NAS, CS5/1, f.20v-21v. Back
  4. Deleted - 'Sir Gilbert of Johnstone of preceptor of Elphinstone'. Back
  5. Deleted - 'his'. Back
  6. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  7. Deleted - 'spule'. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'brother'. Back
  10. Deleted - '3'. Back
  11. Sic. Back
  12. Deleted - 'the price'. Back
  13. A unit of measurement of iron. According to DSL the term 'wedeis' refers to: 'a quantity of iron' perhaps originally a 'bundle tied with rope'. Back
  14. Deleted - 'cuce'. Back
  15. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  16. Deleted - 'regarding the costs, injuries and damage that the said Sir William has sustained in these matters'. Back
  17. NAS, CS5/1, f.21r. Back
  18. Deleted - 'Irving'. Back
  19. NAS, CS5/1, f.21v. Back
  20. NAS, CS5/1, f.21v. Back
  21. Deleted - 'them'. Back
  22. NAS, CS5/1, f.21v. Back
  23. NAS, CS5/1, f.22r. Back

[Deleted text:] The lords ordain that as their parties were content to bide with the [...] arbiters previously chosen between them, which is that John Stewart owes Walter of Carrington the sum of £34 4s and some small coins of silver, and also that it is decreed by the said arbiters that the said Walter shall give [an] account and reckoning to the said John Stewart of the sum of £52, just as is contained in the decreet given by the arbiters between the said parties, that therefore the said John Stewart shall satisfy and pay the said Walter the said sum of £34 4s and some small coins of silver and that letters given thereupon be put into execution according to the form of the said decreet, and also the said Walter shall give [a] faithful account and reckoning to the said John of the said sum of £52 accordingly, and ordain that letters be directed for this.

  1. NAS, CS5/1, f.20v. Back
  2. Deleted - 'the lord of Castlemilk'. Back
  3. NAS, CS5/1, f.20v-21v. Back
  4. Deleted - 'Sir Gilbert of Johnstone of preceptor of Elphinstone'. Back
  5. Deleted - 'his'. Back
  6. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  7. Deleted - 'spule'. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'brother'. Back
  10. Deleted - '3'. Back
  11. Sic. Back
  12. Deleted - 'the price'. Back
  13. A unit of measurement of iron. According to DSL the term 'wedeis' refers to: 'a quantity of iron' perhaps originally a 'bundle tied with rope'. Back
  14. Deleted - 'cuce'. Back
  15. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  16. Deleted - 'regarding the costs, injuries and damage that the said Sir William has sustained in these matters'. Back
  17. NAS, CS5/1, f.21r. Back
  18. Deleted - 'Irving'. Back
  19. NAS, CS5/1, f.21v. Back
  20. NAS, CS5/1, f.21v. Back
  21. Deleted - 'them'. Back
  22. NAS, CS5/1, f.21v. Back
  23. NAS, CS5/1, f.22r. Back

The lords decree that John Stewart shall satisfy and pay Walter of Carrington the sum of £34 4s and some small coins of silver according to the tenor of the arbiters' decreet given thereupon, and ordain that letters be written to distrenzie him of his lands and goods for that. And also that the said Walter shall give a faithful account and reckoning to the said John Stewart of the sum of £52 of black money, also according to the form of the said decreet arbitral, as both the said parties admitted in the presence of the lords that they were content to bide with the said decreet, despite any letters given previously.

  1. NAS, CS5/1, f.20v. Back
  2. Deleted - 'the lord of Castlemilk'. Back
  3. NAS, CS5/1, f.20v-21v. Back
  4. Deleted - 'Sir Gilbert of Johnstone of preceptor of Elphinstone'. Back
  5. Deleted - 'his'. Back
  6. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  7. Deleted - 'spule'. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'brother'. Back
  10. Deleted - '3'. Back
  11. Sic. Back
  12. Deleted - 'the price'. Back
  13. A unit of measurement of iron. According to DSL the term 'wedeis' refers to: 'a quantity of iron' perhaps originally a 'bundle tied with rope'. Back
  14. Deleted - 'cuce'. Back
  15. A measurement of quantity. 'A day's work, especially in field labour' (DSL). Back
  16. Deleted - 'regarding the costs, injuries and damage that the said Sir William has sustained in these matters'. Back
  17. NAS, CS5/1, f.21r. Back
  18. Deleted - 'Irving'. Back
  19. NAS, CS5/1, f.21v. Back
  20. NAS, CS5/1, f.21v. Back
  21. Deleted - 'them'. Back
  22. NAS, CS5/1, f.21v. Back
  23. NAS, CS5/1, f.22r. Back