8 October 1483

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

8 October the lords auditors sat

The lords auditors decree and deliver that James Bonar of Rossie shall satisfy and pay Alison, the spouse of the late Thomas of Preston, as assignee made by our sovereign lord by his letters under his privy seal and signature, the sum of £60 of [the] usual money of the realm, as proven by the said James's obligation under his seal and signed by his own hand, and warned for 40 days according to the tenor of the said obligation as was proven by an authentic instrument shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for this, and the said James was summoned to this action but did not compear.

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In the action and cause pursued by Sir William Dobbie, chaplain, on the one part, against Thomas Kerr, on the other part, for the wrongful vexation, harassment and disturbance of the said Sir William in the using and enjoyment of four acres of land lying beside the town of Lanark, both the said parties being present themselves and through their procurators, and their rights, reasons and allegations heard and understood, the lords auditors decree that the said Sir William shall peacefully use and enjoy the said four acres of land according to the tenor of his sasine shown thereupon before the lords and until they are lawfully recovered from him, and that our sovereign lord's letters be directed for this.

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In the action and cause pursued by Alison, the spouse of the late Thomas of Preston, on the one part, against Alexander Wardlaw of Waringstoun, on the other part, for the double value of the said Alexander's marriage, because he married without the consent of the said Alison who is assignee to our sovereign lord, as was alleged, both the said parties being present and their reasons and allegations heard and understood, the lords auditors decree and deliver that because it was admitted by both the said parties that he was neither required nor yet forbidden from marrying and that he is married without our lord's consent, that therefore the said Alexander shall satisfy and pay the said Alison as the aforesaid assignee the value of his marriage, such as a person and landed man should pay according to the form of the laws of the realm, and ordain our sovereign lord's letters be directed to summon witnesses on next Friday to prove the value of the said marriage, to which both the parties agreed and are personally summoned according to the act.

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The lords decree and deliver that Humphrey Colquhoun of the Luss shall satisfy and pay John Fleming four cows, previously ordained to have been restored by him by the council of certain persons chosen by them, and because it was alleged by Master Robert Houston, procurator for the said Humphrey, that the said four cows were delivered since the making of the said writ and both the said parties consented that Alexander Stewart as sheriff in that part should take proof before him [on] the third day of November, the lords appoint the said day for the said Humphrey to prove the said deliverance of the said cows, and failing his proof, that the said Alexander compel and distrenzie the said Humphrey for the restoring of the said cows, and that our sovereign lord's letters be directed for this.

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The lords auditors appoint 3 November next, with continuation [of days], for Sir Laurence Mercer of Meikleour, knight, to prove that he has paid [Andrew Cavers], abbot of Lindores 6 bolls of wheat, each boll priced 24s, 8 bolls of barley, priced 20s per boll, and 4 chalders of oats, priced 10s per boll, and ordain that letters be written to the sheriff of Perth charging him to take the said proof before him on the said day and warn the parties to be present, and failing that the said Sir Laurence does not prove the said victual [was already] paid [for] that the said sheriff compel and distrenzie him for that, and make the said abbot be paid for the said sums of money in so far as it is proven what has not been delivered, because John of Haddington, procurator for the said Sir Laurence, admitted the said victuals and corn and offered him to prove it [was already] paid [for] as is said.

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After noon

William Somerville compeared before the lords auditors and protested that because Janet of Cornwall caused him to be summoned for the wrongful occupation of the lands of Babby but did not compear to pursue him, that therefore she shall not be heard against him in judgement until she pays his costs and expenses and until new summons [are made for him].

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Master Alexander Murray, procurator for Andrew Murray, compeared before the lords auditors and protested that because Robert Pratt caused the said Andrew to be summoned but did not compear to pursue him, that therefore he shall not be heard against him in judgement until he has paid his costs and expenses and until new summons [are made for him].

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In the action and cause pursued by William Stirling, burgess of Glasgow, on the one part, against David Speir, on the other part, for the wrongful sowing, labouring and occupying of the lands of Deanside pertaining to the said William through wadset, as was alleged, both the said parties being present in person, and their rights, reasons and allegations heard and understood, the lords auditors decree and deliver that the said David does wrong in the sowing, occupying and labouring of the said lands, and therefore ordain him to desist and cease from that forever and until the said lands are lawfully recovered according to the tenor of the reversion made thereupon, and that our sovereign lord's letters be directed for this. And further the lords appoint 9 February next, with continuation of days, for the said William to prove the quantity and value of the damage, costs and expense sustained by him in the said matter, and ordain him to have letters to summon his witnesses.

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