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

9 April

Sitting were [William Scheves], archbishop [of St Andrews], [James Livingston], chancellor, [George Carmichael], bishop-elect of Glasgow, [David Lindsay], earl of Crawford, [Colin Campbell], earl of Argyll, [Andrew Stewart], lord Avondale, [Alexander Lyon], lord Glamis, [Robert Lyle], lord Lyle, [John Carlyle], lord Carlyle, [William Knollis], preceptor of Torphichen, [George Shaw], abbot of Paisley, [Archibald Whitelaw], secretary, Master Richard Lawson, Thomas Fotheringham.

  1. NAS, CS5/1, f.25v. Back
  2. Deleted - 'Marcii'. Back
  3. NAS, CS5/1, f.25v. Back
  4. NAS, CS5/1, f.25v-26r. Back
  5. Deleted - 'Crose Croise'. Back
  6. Deleted - 'certain'. Back
  7. Deleted - 'Robert Maitland shall'. Back
  8. Deleted - 'our sovereign lord's letters to be directed for this'. Back
  9. NAS, CS5/1, f.26r. Back
  10. Deleted - 'v'. Back
  11. Deleted - 'part'. Back
  12. Deleted - 'land'. Back

The action and cause pursued by William of Douglas of Drumlanrig, as one of the executors of the late James of Douglas, against Robert Maitland of Queensberry, also executor to the said James, and against Elspeth, the spouse of the said Robert, regarding the sum of 500 merks claimed by the said William of half of the sum of 1,000 merks from the said late James' goods and to be at his disposition, and alleged by the said Elspeth to be given to her by the said late James, her father, is renounced and referred by the lords of council to be determined and decided before the spiritual judge ordinary because it is a spiritual action and testamentary.

  1. NAS, CS5/1, f.25v. Back
  2. Deleted - 'Marcii'. Back
  3. NAS, CS5/1, f.25v. Back
  4. NAS, CS5/1, f.25v-26r. Back
  5. Deleted - 'Crose Croise'. Back
  6. Deleted - 'certain'. Back
  7. Deleted - 'Robert Maitland shall'. Back
  8. Deleted - 'our sovereign lord's letters to be directed for this'. Back
  9. NAS, CS5/1, f.26r. Back
  10. Deleted - 'v'. Back
  11. Deleted - 'part'. Back
  12. Deleted - 'land'. Back

In the action and cause pursued by William of Douglas of Drumlanrig, on the one part, against Robert Maitland of Queensberry and Elspeth, his spouse, on the other part, regarding the wrongful withholding from the said William of certain charters and evidence of the lands of Tibbers, Craigmuie, the Crose and Cragie, lying in the lordship of Galloway, and also for the wrongful withholding from him of the movable goods of inheritance pertaining to him as heir of the late James of Douglas, both the said parties being present in person and their evidence, reasons and allegations seen, heard and understood, the lords of council decree and deliver that the said William of Douglas shall have an authentic transumpt under [Archibald Whitelaw], the chancellor's seal, of the charter of wadset of 8 merks worth of land of Tibbers made by the late William Maitland of the Tibbers to James of Douglas of Drumlanrig under the said William Maitland's seal, and similarly that he shall have a transumpt of the charter made by the late James of Douglas of Auchen Castle to Robert Maitland and Elspeth, his spouse, of all his lands of the town of Tibbers lying in the lordship of Tibbers and within the sheriffdom of Dumfries, and the said Robert Maitland and his spouse [are] to have the original. And further the lords decree and deliver that the said Robert and Elspeth shall restore and return to the said William of Douglas the movable goods of inheritance that he may prove they had from the said late James of Douglas since his death, and [the lords] appoint 14 June next, with continuation of days, for the said William to produce his said proof regarding the said inheritance, and ordain him to have letters to summon his witnesses, and both the parties are summoned according to the act.

  1. NAS, CS5/1, f.25v. Back
  2. Deleted - 'Marcii'. Back
  3. NAS, CS5/1, f.25v. Back
  4. NAS, CS5/1, f.25v-26r. Back
  5. Deleted - 'Crose Croise'. Back
  6. Deleted - 'certain'. Back
  7. Deleted - 'Robert Maitland shall'. Back
  8. Deleted - 'our sovereign lord's letters to be directed for this'. Back
  9. NAS, CS5/1, f.26r. Back
  10. Deleted - 'v'. Back
  11. Deleted - 'part'. Back
  12. Deleted - 'land'. Back

In the action and cause pursued by Robert Maitland of Queensberry, on the one part, against William of Douglas of Drumlanrig, on the other part, regarding the wrongful occupation of the lands of Tibbers claimed by the said Robert to be his lands and the ward of them given to him by [William Scheves], archbishop of St Andrews, tutor to the laird of Lethington, and similarly claimed by the said William to be given to him by the aforesaid archbishop through ward by the death of the late James of Douglas and as his lands, both the said parties being present and their evidence, reasons and allegations heard and understood, the lords of council decree and deliver that the said William of Douglas shall withdraw from and clear the said lands in favour of the said Robert to be used by him according to the form of the gift of the said archbishop, because the said late James had only the freehold of the said lands [at] the time of his death, and the fee of the same given from him, as was shown before the lords.

  1. NAS, CS5/1, f.25v. Back
  2. Deleted - 'Marcii'. Back
  3. NAS, CS5/1, f.25v. Back
  4. NAS, CS5/1, f.25v-26r. Back
  5. Deleted - 'Crose Croise'. Back
  6. Deleted - 'certain'. Back
  7. Deleted - 'Robert Maitland shall'. Back
  8. Deleted - 'our sovereign lord's letters to be directed for this'. Back
  9. NAS, CS5/1, f.26r. Back
  10. Deleted - 'v'. Back
  11. Deleted - 'part'. Back
  12. Deleted - 'land'. Back