20 February 1484

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

20 February

The lords auditors decree and deliver that John of Johnston of Tundergarth and his sons Matthew Johnston and John of Ayll shall restore and return to Robert Charteris of Amisfield 21 oxen and cows, priced 2 merks a piece, four horses and mares, priced 40s a piece, 21 sheep priced 4s a piece, spulzied and taken by the said persons from the lands of Ingliston of Drumgrey, 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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Alexander Home compeared before the lords auditors and protested that because David Wallace caused him to be summoned but would not compear to pursue him, that therefore etc.

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James of Haldane compeared before the lords auditors and protested that because he was summoned to the suit of [John Herspolz], bishop of Dunblane.

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The lords auditors appoint 1 March next for Robert Bruce of the Stenhouse, Lucas Bruce, Robert Bruce, James Forrester, James Scott, James Thomson, Adam Corsby, John Grant, Andrew Melvin and Duncan Watt, to prove that they are Sir William of Knollis, commander of Torphichen's men, and in the meantime the lords continue the action between the laird of Keir and the said persons until the said day, and both parties and witnesses are summoned to compear on the said day themselves and their procurators according to the act.

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The lords appoint next Friday for Archibald of Carruthers of Mouswald to prove that he has done his diligence regarding pursuing the action of bastardy of Henry Carruthers in Glasgow's consistory court, and that it was not his fault that the process has not been brought to an end and he brought sufficient testimonial for that, and in the meantime the lords continue the matter until the said day, and both parties are summoned according to the act.

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The lords decree and deliver that Robert Duguid shall satisfy and pay Robert of Crichton of Kinnoull as much multure of the mill of Baledgarno as the said Robert of Crichton can prove before the sheriff [that] he owes him, and ordain letters be written to the sheriff to receive the said proof before him and make the said Robert of Crichton be paid for it, and also that he shall satisfy and pay the said Robert 9 merks for the destruction and tearing down of a house belonging to the said Robert and four bolls of wheat, and ordain that letters be directed to distrenzie [him] for that.

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The lords appoint next Monday for David Whitehead to prove that he delivered to and paid Henry Livingstone of Manerston, in the name and on the behalf of James Campbell, the sum of 50 merks of the rest of the sum of 600 merks of the last term's payment, and ordain that a macer charge his witnesses to come before the lords that day, and to warn Henry Livingstone to hear them sworn, and that David Crichton, [John Ross], laird of Hawkhead, [Sir Thomas Kennedy], laird of Bargany and Thomas Inglis of Morthoston who was bound to the said Henry for the said James in the sum of 600 merks is freed from their surety, because there is a receipt shown from the said Henry Livingstone of the rest of the entire sum except for a merk.

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The lords decree and deliver that Henry Kirkpatrick of the Knock shall satisfy and pay Robert Charteris of Amisfield, as farmer of the parsonage of Kirkmichael to Master Alexander Inglis, 24 bolls of meal which he admitted to owing for this current year, and that letters be directed to distrenzie [him] for that and for as much more as the said Robert can prove before the sheriff [that] he owes for the fermes of said Knock, and that letters be written to the sheriff to receive the said proof.

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The lords appoint 27 February current, with continuation [of days], for David Wemyss, burgess of Dysart, to prove that the action and summons made for him for the suit of David Kinross, regarding certain sums of money, gold, silver, jewels and other goods as is contained, is ended by the sentence of a decreet arbitral from before, and to bring with him the said day decreet on the said day, and if he fails in his proof on the said day the lords will proceed and administer justice in the said matter, and continue the action until the said day, and both parties are summoned according to the act, and [the lords ordain] that letters be written charging the chaplain who withholds the said decreet to deliver it to the parties or else to compear on the said day to explain why he will not deliver it.

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Murdoch Patrickson compeared before the lords auditors and protested that because Master Robert Houston, parson of Luss, caused him to be summoned but would not pursue him, the said Master Robert being present, that therefore etc.

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In the action and cause pursued by John of Montgomery, on the one part, against Thomas Kennedy of Bargany, John Kennedy and Alexander Kennedy of Craigneil, on the other part, that is to say the said Thomas for the wrongful vexing and disturbance of the said John of Montgomery in his tack of 20s worth of land of old extent called Kilgrossan, and the said John for the spoliation and removal of two oxen from the said lands, and the said Alexander for the warrandice to the said John of the aforesaid tack, both the said parties being present themselves and their procurators, and their reasons and allegations heard and understood, and [it was] alleged by the said John that the said lands pertain to him through lease from the said Alexander, and thereupon produced a letter of tack under the seal and signature of the said Alexander, together with a letter of release for the sum of £35 of the mails of the said lands paid previously, and the procurators of the said Alexander objected that the said letter was of no value because his seal was suppressed by proclamation and that they did not know his handwriting, the lords auditors decree and deliver that the said Thomas Kennedy shall desist and cease from all vexing of the said John of Montgomery in the use of the said lands and ordain the same to be used and enjoyed by the said John, according to the form of the letter of tack made to him by the said Alexander, forever and until it is proven to be of no value, which letter of tack is dated 1 January 1480 [1481]. And that the said John Kennedy shall restore and return one of the said oxen to the ground from which it was taken, without prejudice of the right of the matter, and half a merk [is to be paid] to the said John for the ox which was taken for the sasine of the said lands, and that our sovereign lord's letters be directed for this.

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