11 October 1483

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

11 October

The lords auditors of causes and complaints appoint 9 February next, with continuation of days, for Isobel, the spouse of the late Richardson, to prove that she has paid Andrew [Cavers], abbot of Lindores, or his factors in his name eight chalders of victuals for the teinds of Dun Muir for the last year past, and ordain her to have letters to summon her witnesses, and both parties are summoned according the act, and failing the said Isobel's proof [on] the said day, that she shall satisfy and pay the eight chalders of victuals to the said abbot, and that letters be written to compel and distrenzie her of her lands and goods for that.

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Regarding the mill dam of Papple claimed by David Lauder of Papple, on the one part, and James Ogill, on the other part, both said parties have consented in the presence of the lords to raise a brieve de aqua ductu in the form of the king's chapel, and to bide there without any exception, and that each one shall keep friendship and kindness to the other in the most favourable ways in the future.

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In the action and cause pursued by William of Douglas of Drumlanrig as heir of the late James of Douglas of Auchen Castle, on the one part, against Robert Maitland of Queensberry and Elspeth, his spouse, on the other part, regarding the movable goods of inheritance of the said late James claimed by the said William to pertain to him as aforesaid heir, both the said parties being present, their reasons and allegations heard and understood, the lords auditors decree and deliver that the said Robert Maitland and Elspeth, his spouse, shall content, pay and deliver to the said William of Douglas as heir of the said James a folding table priced 8 crowns, a horse priced 10 merks, a chalice weighing 6 ounces with the adornment of the altar, a sword, a feather bed priced 30s, worsted curtains and a canopy and the apparelling of a hall priced 5 crowns, a silver piece weighing 8 ounces, a cushion, a silver salt dish, a silver spoon, a dozen pewter vessels, a brass basin and a washing jug priced 10s, a cauldron priced 20s, a pot priced 10s, a pan priced 5s, 1 chair, a jerkin, a ladle, a large cooking pan, a flesh hook, a spit, a gown priced 10s, a silk doublet, a candlestick, and a frying pan, and ordain that letters be written to distrenzie them of their lands and goods for the aforesaid sums of money and goods. And if the said Robert and Elspeth, his spouse, have any claim or right to the said goods, that they pursue them lawfully for that and justice shall be administered to them, and excepting the right of the claim of the said chalice to the altar of Glasgow.

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In the action and cause pursued by John Brown and James Duncanson, the son and heir of the late Duncan Baxter, burgess of Perth, against Sylvester of Rattray of that Ilk, for the wrongful withholding from them of three chalders of barley and three chalders of meal, according to the form of an obligation made for that, the lords auditors decree and deliver that the said Sylvester shall satisfy and pay the said John and James the said six chalders of victuals of barley and meal defaulted upon in the said payment, 12 merks of silver and 8 oxen to be allowed in the said sum as the price of victual as the oxen were valued in the market [on] the day the obligation was made, which is ordained to be defaulted on the back of the said obligation, and ordain that letters be written to distrenzie him of his lands and goods to this end, and the said Silvester was summoned to this action but did not compear.

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In the action and cause pursued by Edmond Spens, on the one part, against Archibald Forrester of Corstorphine and James Wilson, on the other part, that is to say against the said Archibald for the wrongful and forceful ejection of the said Edmond from the mailing and tack of the husband land of Longniddry, pertaining to him through tack, as is alleged, and against the said James for the wrongful occupation and labouring of the said lands, as was alleged, the said Archibald and Edmond being present in person, and the said James Wilson being lawfully summoned and often called but not compearing, their reasons and allegations heard and understood, the lords auditors decree and deliver that the said Archibald did wrong in throwing the said Edmond out of the said lands, and therefore ordain him to be restored and returned to the same in such form as he was of previously, without prejudice of the right of either of the said parties, and that the said James does wrong in the occupation and labouring of the said lands, and that he desist and cease from their occupation in the future, and that our sovereign lord's letters be directed for this.

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The lords auditors decree and deliver that Robert Maitland of Queensberry 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 signed by his own hand, the sum of 200 merks, according to the form of certain indentures made between the said late Thomas Preston and the said Robert shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for the said sum.

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The lords decree and deliver that Adam Swine shall relieve and keep Will Scott uninjured regarding the payment of the sum of 5 merks at the hands of Elspeth Forsyth, for which sum the said Will Scott gave surety for the said Adam Swine to the said Elizabeth as was proven before the lords by a decreet of the officials of St Andrews, and that letters be written to compel and distrenzie him of his lands and goods for this.

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After noon

The lords decree and deliver that Robert Muir of Pokelly, Adam Wallace of Craigie, Hector Stewart of the Raes and Archibald Craufurd of Craufurdland shall satisfy and pay James of Moncreiffe the sum of 80 merks of the usual money of the realm, according to the form of their obligation shown and produced before the lords, and ordain that letters be written to distrenzie them of their lands and goods for this, and the said persons were summoned for this action but did not compear.

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The summons pursued by James of Moncreiffe against Neil Wylie, regarding the sum of £12 for 8 oxen, is continued by the lords auditors of causes and complaints until 9 February next, with continuation of days, and ordain the witnesses to be summoned again on the said day, under pain of being imprisoned because they did not now compear.

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In the action and cause pursued by Elizabeth Dunbar, the spouse of the late Sir John of Colquhoun of the Luss, knight, against Humphrey Colquhoun of the Luss, son and heir of the said late Sir John, for the wrongful detention from her of 4 bolls of wheat, 4 bolls of barley and 10 bolls of oats pertaining to the said Elizabeth from the half of the wardland of Stanehouse, and for the wrongful withholding from her of £4 of the usual money of the realm from the half of the ward of the lands of Tulliquhittil, and for the wrongful detention of the sum of £10 through an obligation of Simon Logan, the said Elizabeth being present in person, and also the procurators of the said Humphrey, the lords auditors decree and deliver that because the said Humphrey failed to prove on the day appointed for him that the debts of the said late Sir John, his father, exceeded the quantity and value of his movable goods just as he took on him and offered him to prove, that therefore he shall satisfy and pay the said Elizabeth 4 bolls of wheat, 4 bolls of barley and 10 bolls of oats from the half of the ward of the said lands of Stanhouse, £4 of silver from the half the ward of Tulliquhittel and £10 through the said obligation of Simon Logan, and ordain that letters be written to distrenzie him of his lands and goods for this.

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The lords decree and deliver that Humphrey Colquhoun of the Luss shall warrant and defend to Walter Haliburton land and a tenement lying in the town of Leith on the south side of the water of the same in the barony of Restalrig and within the sheriffdom of Edinburgh, between the lands of Andrew Wood and John Dawson in the east part on the one part and the common king's highway in the west part on another part, and the land of Andrew Mowbray in the north part, and the land of Thomas of Preston, formerly the land of Robert Ballen, in the south part, free of all annuals except 4s to be paid yearly to the place of the star of Bethlehem and 10 merks of annual rent yearly to be paid to the heirs of the late Sir John of Colquhoun, according to the tenor of a letter of warrandice made to the said Walter under the seal of the said Humphrey shown and produced before the lords, and that the said Walter shall satisfy and pay 10 merks to Humphrey Colquhoun for the two past terms for as much as he himself admits is unpaid, and ordain that letters be written for this.

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