19 February 1484

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

19 February

The lords decree and deliver that William of Touris, son and heir apparent of Gabriel of Touris, shall satisfy and pay Robert Heriot, executor to the late James Heriot, 10 merks taken by him from the said James and Robert for the mails of the lands of Muirhouse, two horses priced £5, and an ox priced 35s taken by the said William from the said lands, as was proven before the lords, and ordain that letters be written to distrenzie him of his lands and goods for this. And the said William was lawfully summoned to this action but did not compear, and that letters be directed to distrenzie the said William for 6s for the costs of the three witnesses who testified in the matter and for 20s for the costs of the party.

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The action and cause pursued by George [Seton], lord Seton, on the one part, against John Barclay, brother of David Barclay of Collairnie, William Barclay, John Wilson, John Froster and John Barclay, for the wrongful occupation of the lands of Dunmore, pertaining to the said George through a tack from our sovereign lord, as was alleged, is continued by the lords auditors until 4 May next, with continuation of days, and because the procurators of the said persons alleges that Andrew Richardson should warrant them regarding the occupation of the said lands, the lords ordain them to call the said Andrew for the said day to warrant them if it pleases them to call him for that, and that letters be given them for that, and both parties are summoned according to the act.

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The lords decree and deliver that Thomas Cockburn dwelling in Hailes shall satisfy and pay James Quhelouse the sum of 20 merks of the rest of a greater sum owed by his obligation under his seal shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for the said sum and the said Thomas was summoned to this action but did not compear.

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The lords auditors decree and deliver that Robert Ferguson, Sclereoche Ferguson, John Reoch MacCade, Patrick Robertson, Archibald Stewart, Fergus Finlayson, Alexander Donaldson, Donald Ballow MacGregor, Mundo Adamson, Angus Finlayson, Finlay Finlayson and David Robert Smithson shall satisfy and pay [Richard Gaergen], prior, and convent of the Charterhouse of the value of virtue beside Perth the sum of £40 16s 4d owed by them for the mails of their lands in Atholl of last Whitsunday [18 May] term, as was clearly proven before the lords, and ordain that letters be written to distrenzie them of their lands and goods for this.

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The action and cause pursued by Elizabeth Rait against Master William Auchinleck, parson of Glenbervie, for the wrongful cutting and destruction of his orchard and manor place of Futhes, as is contained in the summons, is referred and remitted to the spiritual judge because the said Master William is a spiritual person, and if she has a grievance against any temporal persons that she makes them be called lawfully and justice shall be administered.

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The lords decree and deliver that Effric MacDowall shall satisfy and pay Fergus Ferguson, as heir of his father John Ferguson, these goods of inheritance or their value as he can prove they are worth before the sheriff of Ayr, that is to say 12 silver spoons, a gallon pot, a gold ring, a gold cross, [and] a grey horse, and that letters be directed to the sheriff to take the said proof and make the said Fergus be paid for as much as is proven.

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After noon

The lords appoint 4 May next, with continuation of days, for Walter Turnbull of Gargunnock to prove that Alexander Seton of Tullibody has spulzied, taken or withholds from him four oxen from the lands of Gargunnock, and their price and value, and ordain him to have letters to summon his witnesses, and both parties are summoned according to the act.

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In the action and cause pursued by John of Shaw of Conoquhra against Humphrey Colquhoun of the Luss, for the wrongful collection and withholding of the fermes from the lands of Auchentullich for the past two terms, totalling the sum of 4 merks, alleged by the said John to pertain to him through wadset, for the wrongful vexing, harassment and disturbing of the said John and his tenants in the using and enjoyment of the said lands, both the said parties being present in person and [it being] alleged by the said Humphrey that his father had lawfully redeemed and released the said lands, on which allegation the lords auditors offered a day for the said Humphrey to prove his said allegation, which afterwards he refused and would not do but deferred the same to the oath of the party, which was sworn in the presence of the lords. The lords auditors therefore decree and deliver that the said Humphrey shall satisfy and pay the said John of Shaw the said 4 merks collected by him for the fermes of the said lands as he admitted himself, and that he shall desist and cease from all interfering with the said lands in the future forever and until he redeems them lawfully according to the form of the charter of wadset made for the sum of £40 shown and produced before the lords, and ordain that our sovereign lord's letters be directed for this.

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The lords auditors decree and deliver that John Curror shall satisfy and pay John Napier, provost of Edinburgh, a gold cross weighing an ounce, priced £6, with five sapphires priced 20s, a large pearl priced 40s, and 3 other small pearls each priced 3s, because a day was previously appointed for the said John Curror to have brought his warrant regarding the said cross and he failed to do so on the said day, and that letters be directed to distrenzie him for this.

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Murdoch Patrickson compeared before the lords auditors and protested that because he was summoned to the suit of Humphrey Colquhoun of the Luss but would not compear to pursue him, that therefore etc.

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