3 July 1483

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

3 July

The lords continue the summons between Robert of Strathmiglo, Robert of Cunningham and Agnes, his spouse, on the one part, and Henry Strathearn, Thomas Kilgour, Henry Bean, John of Reid and John Cuthbert, on the other, until 12 October next, with continuation of days, and appoint the said day for the said Robert to prove how much goods contained in the summons pertained to him and were his own goods, and Henry Pitcairn who admits having the said goods is summoned according to the act to compear on the said day, and that letters be given to summon the witnesses.

  1. NAS, PA2/4, f.8r. Back
  2. NAS, PA2/4, f.8r. Back
  3. NAS, PA2/4, f.8v. Back
  4. NAS, PA2/4, f.8v. Back
  5. NAS, PA2/4, f.9r-v. Back

The same day

Sitting in the following action were [William Scheves], archbishop of St Andrews, [James Livingston], bishop of Dunkeld [and] chancellor, [George Vaus], bishop of Galloway, [Andrew Pictoris], bishop of Orkney, [Thomas Hay], bishop of Ross, [George Carmichael], bishop-elect of Glasgow, [David Lindsay], earl of Crawford, [Archibald Douglas], earl of Angus, [George Gordon], earl of Huntly, [Colin Campbell], earl of Argyll, [William Hay], earl of Erroll, [James Douglas], earl of Morton, [William Keith], earl Marischal, [Andrew Stewart], lord Avondale, [John Stewart], lord Darnley, [Alexander Lyon], lord Glamis, [John Carlyle], lord Carlyle, [William Borthwick], lord Borthwick, [Robert Fleming], lord Fleming, [Thomas Erskine], lord Erskine, [John Maxwell], lord Maxwell, [Robert Lyle], lord Lyle, [Alan Cathcart], lord Cathcart, [John Somerville], lord Somerville, [Andrew Gray], lord Gray, [Robert Kerr], abbot of Kelso, [Henry Abercrombie], abbot of Cambuskenneth, [Adam Cant], abbot of Dunfermline, [John Drummond], lord of Stobhall, [William Knollis], preceptor of Torphichen, [David Livingston, provost of Lincluden], keeper of the privy seal, [Archibald Whitelaw], secretary, [Alexander Inglis], archdeacon of St Andrews, [James Allardice], provost of St Andrews, Henry Cant, John Hepburn, Thomas Fotheringham and Master Richard Lawson.

  1. NAS, PA2/4, f.8r. Back
  2. NAS, PA2/4, f.8r. Back
  3. NAS, PA2/4, f.8v. Back
  4. NAS, PA2/4, f.8v. Back
  5. NAS, PA2/4, f.9r-v. Back

In the action and cause pursued by [Richard Gaergen], prior, and convent of the Charterhouse of Vale of virtue beside Perth, on the one part, against John [Stewart], earl of Atholl, on the other part, for the wrongful interference [with] and ejection of the said prior and convent, their servants and factors from the using and enjoyment of their lands underwritten, that is to say Clunyriddar, Logierait, Dunfallandy, Dulcheyn, Pittencrieff, Ballachallan, Balbeallenach, Wester Ochtertyre, Balladowllan, Drumachora, Ballacrag, Balladinnoc, Petteclochere, Pettecastell, Balladykon, Ballacriste, Balladand, Pettragrethnach and Easter Ochtertyre, and for the wrongful occupation, spoliation, collection and withholding from them of the mails, profits and duties of the said lands for the past two terms, both the said parties being present in person, and their evidence, reasons and allegations seen, heard and understood at length, the aforenoted lords decree and deliver that the said John, earl of Atholl shall restore and return to the said prior and convent of the Charterhouse the mails, fermes and duties collected by him from the said lands for the said two terms, which restoration shall be made without prejudice of our sovereign lord's right, or of the said John, earl of Atholl's right or property that they claim to the said lands, and ordain that our sovereign lord's letters be directed hereupon.

  1. NAS, PA2/4, f.8r. Back
  2. NAS, PA2/4, f.8r. Back
  3. NAS, PA2/4, f.8v. Back
  4. NAS, PA2/4, f.8v. Back
  5. NAS, PA2/4, f.9r-v. Back

After noon

In the action and cause pursued by Walter Kerr of Cessford, on the one part, against Dougal MacDowall of Makerstoun, on the other part, regarding the sum of £100 claimed by the said Walter from the said Dougal through a certain obligation, indented for failure to fulfil a contract of marriage between Andrew MacDowall, the son of the said Dougal, and Margaret Kerr, the daughter of the said Walter, both the said parties being present in person, and their reasons and allegations heard and understood, because the said Dougal alleges that he has a warrant that should relieve him of the said sum, and asks [for] a day to produce it, the lords appoint 12 October next, with continuation of days, for him to produce his warrant, and ordain him to have letters of summons for that, and both parties are summoned according to the act.

  1. NAS, PA2/4, f.8r. Back
  2. NAS, PA2/4, f.8r. Back
  3. NAS, PA2/4, f.8v. Back
  4. NAS, PA2/4, f.8v. Back
  5. NAS, PA2/4, f.9r-v. Back

In the action and cause pursued by Robert [Lyle], lord Lyle, on the one part, against James [Stewart], earl of Buchan, on the other part, for the wrongful spoliation, removal and withholding from him of the undernoted goods contained in the summons, the said Robert being present in person, and the said James, earl of Buchan, being personally summoned and often called but not compearing, the witnesses, proof and allegations of the said Robert seen, heard and understood at length, the lords auditors decree and deliver that the said James, earl of Buchan shall restore and return to the said Robert, lord Lyle a box with 25 English nobles, 5 of them Rose nobles and the rest Henry nobles; a value of gold weighing one Rose noble; 45 French Crowns and Demis, each priced 14s; 27 Salutes and Louis, 16 of them Louis; 400 English groats; 160 of 14d groats; a gold chain weighing 4 ounces, priced £7 per ounce; a small chain weighing half an ounce, priced £3 10s; a pendant ornament with a garnished ruby set in gold, priced £10; two small belts garnished with gold, priced £2 4s; two silver pieces weighing 14 ounces, priced 12s per ounce; pearl pierced and unpierced, priced 5 merks; an obligation for 700 merks between George [Seton], lord Seton, Robert of Cunningham, Christian Lindsay on the one part and the said Robert on the other part for the said sums contained in their evidence and letters of lease for 20 merks of land for 14 years made to the said Robert by Robert of Cunningham and Christian, his spouse, totalling 280 merks, or otherwise the sums contained in them. Also that the said James shall restore and return to the said Robert a sack cloth; 2 large gowns, one black [and] the other grey, priced £6; 2 short coats, one of French black [and] the other tawny, the black coat priced £5 with the 'capty berne', the tawny [one] priced 4 merks; a new dun satin doublet, priced £5; 2 and a half ells of crimson satin, priced £3 the ell; 3/4 of French black priced 30s; 3 new bonnets priced 40s; 3 pairs of hose, brown, green and white, priced 40s; 2 tippets of silk, one black satin lined with grey fur, priced 5 crowns, another tawny satin lined with French black, priced 20s; 3 shirts, 3 kerchiefs priced 40s; 2 pairs of sheets, a pair of double blankets, 3 cushions priced £4; an English worsted cover with another cover of verdure priced £4; a red mantle priced 20s; a foot mantle priced 10s; 2 table-cloths, 2 towels priced 18s; a Flanders hat priced 5s; a green gown belonging to Drew of Congalton, a green gown belonging to Malcolm Fleming, both priced 40s; 20 ells of small linen priced 40s; a harness saddle priced 45s; from Gillane a doublet and a shirt from Robert Lyle; a kersey doublet; 6 pair of shoes; 3 English books, one of the philosophers 'saws', another of 'genetris', the third of medicine, the price of the 3 books £10; a shirt and a kerchief belonging to Drew priced 13s 4d. And also that the said James, earl of Buchan, shall satisfy and pay the said Robert 40 merks collected by him from his lands of Lundy, which goods were spulzied and taken by the said James, earl of Buchan, from the said Robert, lord Lyle and his servants, as was clearly proven before the lords. And further the aforesaid lords auditors appoint 12 October next, with continuation of days, for the said Robert, lord Lyle to prove which goods pertaining to him were taken by the said James, earl of Buchan from Edinburgh castle and its value at the time the said James had it in his possession, and ordain him to have letters to summon his witnesses, and letters be directed to distrenzie the said James, earl of Buchan of his lands and goods for the sums of money and goods written above.

  1. NAS, PA2/4, f.8r. Back
  2. NAS, PA2/4, f.8r. Back
  3. NAS, PA2/4, f.8v. Back
  4. NAS, PA2/4, f.8v. Back
  5. NAS, PA2/4, f.9r-v. Back