[1483/6/37]*[print] [email] [cite] [preceding] [following]
5 July
The action and cause pursued by Malcolm Forrester of the Torwood against William of Livingston and George Graham for the spoliation of a hay stack, 12s of silver and sacks of oats from the lands of Pettintoscan pertaining to the said Macolm, as was alleged, is continued by the lords auditors until 12 October next, with continuation of days, and because there is a double lease shown for the said lands made to both the said parties by Margaret Graham, and also it is alleged that the said letters are antedated and sealed with procured seals, the lords ordain that the persons who own the said seals and the witnesses contained in the said letters be summoned on the said day for the verification of the matter, and that our sovereign lord's letters be directed for this.
[1483/6/38]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by John Wallace of Craigie against Alexander Guthrie of that Ilk for the wrongful collection and withholding from the said John of the sum of £30 of the mails of Moreledderwood, lying within the sheriffdom of Forfar, the said John Wallace being present, and the said laird of Guthrie lawfully and peremptorily summoned and often called but not compearing, the lords auditors decree and deliver that the said Alexander shall satisfy and pay the said John Wallace the said sum of £30 collected by him for the relief of the said lands and allowed to the said Alexander Guthrie† in the exchequer, as was shown by our sovereign lord's letters and by the deliverance of the auditors of the exchequer produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for this, and appoint 12 October next, with continuation of days, for the said John to prove what costs and expenses he has spent and sustained in the said matter, and ordain him to have letters to summon his witnesses, and the party to hear them sworn.
[1483/6/39]*[print] [email] [cite] [preceding] [following]
The lords decree and deliver that George of Maxwell of the Newark shall satisfy and pay Master William Lennox of Caly the sum of 50 merks, just as he is bound by certain indentures shown and produced before the lords, and they ordain that letters be written to distrenzie him of his lands and goods for this.
[1483/6/40]*[print] [email] [cite] [preceding] [following]
Regarding the action and cause pursued by Alexander MacCulloch of Myreton against Archibald MacCulloch of Ardwell for the double value of the said Archibald's marriage, totalling the sum of 200 merks, because the said Archibald married without the consent of the said Alexander, his overlord, as is alleged, and by the said Archibald against Adam Muir for the warrandice of him at the said Alexander's hand through his obligation and bond made for that, and also by the said Adam against Robert [Lyle], lord Lyle for the warrandice and keeping of him† uninjured, because the said Robert, lord Lyle had the marriage of the said Archibald by Elis MacCulloch, father of the said Alexander MacCulloch, and alleged by the said Adam Muir that the said Archibald was delivered to him to be married with his daughter in the said Elis' time through his buying his marriage from the said Robert, lord Lyle, all the said parties being present in person, their rights, reasons, writs, and allegations seen, heard and understood at length, the lords auditors of causes appoint 12 October next, with continuation of days, for the said Adam Muir to prove that the said Archibald was delivered to him by the said Elis, or by them that had power for the time, through the right from buying the marriage of the said Archibald by the said Adam from the said Robert, lord Lyle, which being proven the lords decree and deliver that the said Archibald is free of† the claim and challenge by the said Alexander against his said marriage, and failing of the said Adam's proof, that he the said Archibald shall satisfy and pay the said Alexander the value of his marriage, and that the said Adam shall relieve and keep the said Archibald uninjured by it at the hands of the said Alexander according to the form of his bond shown and produced thereupon. And that Robert, lord Lyle is free of the warrandice of the said Adam because the said Adam admitted in the presence of the said lords that he had fulfilled his bond and promise made to the said Adam thereupon, except that the said Adam Muir shall have recourse to the said Robert, lord Lyle regarding the £40 given for the marriage of the said Archibald if he fails in his proof as is said, and ordain that letters be given to summon the witnesses, and all the parties are summoned according to the act.
[1483/6/41]*[print] [email] [cite] [preceding] [following]
Regarding the complaint made by Beatrix Carmichael, the spouse of the late James of Dunbar, against Sir Edward of Congalton for taking the whole mail of 20 merks worth of land of West Fenton, pertaining to her through a lease from the late John [Haliburton], lord [Haliburton of] Dirleton, for all the days of her life, of which mail a merk was paid yearly to Roxburgh ward from her and the sheriff has distrenzied for the same, the said Beatrix being present, and the said laird of Congalton, being specially warned and charged by an officer to compear to answer the said complaint, and often called but not compearing, the said letters of lease under the said John, lord Dirleton's seal [being] shown before the lords mentioning that the said Roxburgh ward should be paid in her mail offering a merk for her part, the lords decree and deliver that the said Sir Edward shall restore and return to her as much as she is distrenzied for at this time, and that the said Sir Edward's goods shall be distrenzied for that for the relieving of her goods, taken by the sheriff for the said Roxburgh ward, and that letters be directed to distrenzie for that.
[1483/6/42]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by William [Sinclair], lord Sinclair, against Janet [Yeoman], the spouse of the late William [Sinclair], earl of Caithness and lord Sinclair, and against Sir Oliver Sinclair, that is to say against the said Janet for the wrongful collection and withholding of the third of the lands of Cousland, Dysart, Ravenscraig, Wilston, Carbar and Dubbo totalling the sum of £134 silver and 53 bolls of wheat and barley, and against the said Sir Oliver for the wrongful withholding from the said William of the charters and sasines of the said lands in contradiction to his bond and obligation, and to deliver the same to him according to the form of the said bond, the said parties being present in person, their rights, reasons and allegations seen, heard and understood at length, the lords auditors decree and deliver that the said Janet does no wrong in collecting [from] her third of the lands of Cousland, because she is lawfully served with it before the sheriff by our sovereign lord's brieves, and that therefore she shall use and enjoy the same forever and until it is lawfully recovered from her. And as regarding her terce of the lands of the barony of Dysart, Ravenscraig, Wilstoun, Carbarr and Dubbo, the lords decree and deliver that the said Janet shall cease in the future from collecting the thirds from there forever and until she is lawfully served with them by our sovereign lord's brieves.† And also that the said Sir Oliver is free of the claim and challenge by the said William regarding the said charters and evidence, because the said William admitted in the presence of the lords that with both their consents the said evidence was delivered to the elect of Glasgow to be destroyed and was destroyed with their own consent and command as is said.
[1483/6/43]*[print] [email] [cite] [preceding] [following]
Regarding the action pursued by Steven Lockhart and Robert Gray, as procurators for Dean John of Fenton, against Thomas of Murray and John Smith, for the detention and withholding from the said Dean John of 3 chalders and 12 bolls of meal and barley as borrows for George of Lauder, because the said Thomas and John admit that they were borrows for the said George and request a day to call him to release them, the lords ordain a macer to warn the said George to be before them on Monday, if he is in this town, and if he is absent or will not answer unsummoned, the lords ordain that summons be given to him for a lawful day, and in the meantime continue the action between the said parties until 12 October next, with continuation of days.
[1483/6/44]*[print] [email] [cite] [preceding] [following]
†The lords decree and deliver that †the alderman and bailies of Perth shall satisfy and pay Sir William of Knollis the sum of £30,†through an obligation made to the said Sir William be† shown and produced before the lords, and that the said payment shall be made in silver and not gold according to the reckoning of the English groat to 2s, and that our sovereign lord's letters be directed to distrenzie [him] for this.
[1483/6/45]*[print] [email] [cite] [preceding] [following]
†The lords decree and deliver that David Bothwell shall satisfy and pay Master Alexander Bothwell the sum of 100 merks, which he was adjudged to pay the said Master Alexander by a previous decreet arbitral and that the said payment shall be made in gold and silver according to the reckoning of the English groat to 2s and gold as it had course that time that the English groat went for 2s, and the said Master Alexander has given [a] day to the said David until next Martinmas [11 November] to make his payment, and thereafter, if need be, in default of payment, the lords ordain our sovereign lord's letters be directed to distrenzie [him] for that.