[1483/10/62]*[print] [email] [cite] [preceding] [following]
14 October
The lords auditors decree and deliver that Henry Pitcairn shall restore and return to Robert of Strathmiglo a horse, a press, a boll of barley, two bolls of sown oats and a swine priced 2s, which goods the said Henry admitted he took as his escheat and as was clearly proven before the lords, and that letters be directed to distrenzie him of his lands and goods for this.
[1483/10/63]*[print] [email] [cite] [preceding] [following]
The procurators of William [Borthwick], lord Borthwick compeared before the lords auditors and protested that because William [Crichton], lord Crichton and the Lady Frendraught and his folks caused the said William, lord Borthwick, Sir William of Borthwick, his son, Master Thomas of Borthwick and James of Borthwick to be summoned, but would not compear to pursue him, that therefore the said Lord Crichton and Lady Frendraught and their folks should not be heard against the said William, lord Borthwick and his said summons in judgement until they have paid their costs and expenses and until new summons [are issued].
[1483/10/64]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Walter Turnbull of Gargunnock, on the one part, against Elizabeth Somerville, the spouse of the late Thomas Somerville of the Plain and Robert of Drummond, on the other part, for the wrongful spoliation, removal and withholding from him of 58 threaves of corn, taken by them from Smithyquarter, and for the wrongful occupation of the same lands, as was alleged, and also in the action and cause pursued by the said Elizabeth against Malcolm Forrester of the Torwood, for the warrandice to her of the said lands according to the form of his charter made for that, the said Walter and Elizabeth being present in person and also the procurators of the said Malcolm and their evidence, reasons and allegations heard and understood, the lords auditors decree and deliver that the said Elizabeth does wrong in occupying the said lands, and therefore ordain her to withdraw from and clear the same to be used and enjoyed by the said Walter, and that she shall restore and return to him the said 58 threaves of corn. And also the lords decree and deliver that the said Malcolm Forrester shall warrant the said Elizabeth the said lands by giving her as much equally good lands [in an] equally suitable place according to the form of his charter made to her for that, and as the procurators of the said Matthew admitted in the presence of the lords, and because the procurators of the said Matthew alleged that the laird of Manerston should warrant him regarding the said lands, the lords ordain that letters be given to him to call his warrant on a lawful day, and that this decreet shall be no prejudice to the said Matthew regarding his warrant, and that our sovereign lord's letters be directed for this.
[1483/10/65]*[print] [email] [cite] [preceding] [following]
Sitting were [Thomas Hay], bishop of Ross, [Colin Campbell, earl of Argyll], chancellor, [William Keith], earl Marischal, [Andrew Stewart], lord Avondale, [Robert Lyle], lord Lyle, [Laurence Oliphant], lord Oliphant, [Andrew Gray], lord Gray, [Alexander Lyon], lord Glamis, [William Knollis], preceptor of Torphichen, [John Drummond], lord of Stobhall, lord James Ogilvy, [Alexander Inglis], archdeacon of St Andrews, Thomas Fotheringham, Henry Cant.
[1483/10/66]*[print] [email] [cite] [preceding] [following]
Regarding the complaint made by John Tapy, merchant of Spain, on the one part, against Bartholomew Cairns and Oliver Laboddo, master of a ship called the Mary of Guerrand, on the other part, regarding the sum of 405 crowns for 15 tuns of wine bought by the said Bartholomew from the said merchant and transported by the said master of ship to the port of Wigtown, as was shown before the lords by charter party and obligations made for that, all the said parties being present in person, their rights and allegations seen, heard and understood, the lords decree and deliver that the said Oliver Boddo shall immediately deliver to the said Bartholomew the said 15 tuns of wine contained in the said charter party and as they agreed, and that the said Bartholomew shall within the next 15 days satisfy and pay the said John Tapy the said sum of 405 crowns for the said wine, and 4 and a half crowns according to the form of the obligation, 10s Scottish for the crown for the freight of each tun of the aforesaid wine, and [he] shall free the said Oliver of the said sums of 405 crowns regarding the said John and as much of the said wine as is not delivered by the said Oliver to the said Bartholomew shall be deducted to him in his freight. And if any of the said wine is delivered by the said Oliver to any other persons than to the said Bartholomew or on his behalf, the said Oliver shall make it up to the said Bartholomew, or else pay as much to the said John Tapy as he has not delivered as is said. And if any of the said wine is leaked since the time that the said Oliver offered to deliver it to the said Bartholomew, that it [is to] stand in the said Bartholomew's hand. And if any of the said wine is already drunk or spent by the said Oliver or his mariners of the said ship, that he make it up to the said Bartholomew in like manner. And that letters be written† to compel and distrenzie their lands and goods for this.