21 February 1484

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

21 February

The lords auditors decree and deliver that Margaret Mowbray shall warrant and defend to Richard of Whitelaw the two parts of all and various of the lands of Wyndane with their pertinents lying in the barony of Duncanlaw, within the constabulary of Haddington, according to the form of the charter, with [a] clause of warrandice made to the said Richard for that, shown and produced before the lords, and that our sovereign lord's letters be directed to compel and distrenzie her for this.

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[Deleted text:] The lords appoint 4 May next, with continuation of days, for John of Pitbladdo to prove that his father James of Pitbladdo handed over the fee and freehold to Peter of Pitbladdo before the lease was made to the said Peter for the said lands of Pitbladdo.

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The action and cause pursued by Peter of Pitbladdo, on the one part, against John of Pitbladdo, Mirabelle Grundiston, David Grundiston and Gilbert Hay of Foodie, for the wrongful collection of £10 of the mails from the lands of Pitbladdo, and certain other points contained in the summons, is continued by the lords auditors until 4 May next, with continuation of days. And because the said John of Pitbladdo alleges that James of Pitbladdo, his father, had handed both fee and freehold of [the] said lands over to him before the lease was made to the said Peter for the said lands, the lords appoint the said 4 May, with continuation of days, for the said John of Pitbladdo to prove that the said James handed over both fee and freehold of the said lands to him before the said lease was made to the said Peter, and ordain him to have letters to summon his witnesses, and both parties are summoned according to the act.

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The lords decree and deliver that Robert Waddell shall satisfy and pay Master Andrew Hay, provost of Bathans, the sum of 14 merks 4s and 8d owed to him through his obligation shown and produced before the lords, and that letters be written to distrenzie him of his lands and goods for this.

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The lords appoint 4 May next, with continuation [of days], for Sir William of Ruthven, knight, to prove that that £25, which is his part of the sum of £100 claimed from him by David Bruce of Clackmannan, through an obligation, is paid on his behalf to the said David, and ordain him to have letters to summon his witnesses, and both parties are summoned according to the act.

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David Dunbar compeared before the lords auditors and protested that, because he was summoned to the suit of Alexander Hepburn on 9 February but [he] would not compear to pursue him, that therefore etc.

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The action and cause pursued by Isobel of Houston against Thomas Yar for withholding from her the sum of 36 merks as debtor for Patrick Home, is continued by the lords auditors until the 15 March next, with continuation of days, and ordain the depositions of the witnesses now taken to be closed and more witnesses to be summoned for the said day if there are any, and both parties are summoned according to the act.

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Regarding the sum of £8 groat claimed by Master Archibald of Whitelaw, secretary, and John of Kello from David Simpson, burgess of Aberdeen, because the procurators of the said David allege that the said sum is paid to Master John Whitelaw in the name and [on] behalf of the said Master Archibald and show the said Master John's release of the said sum, and [it was] denied by the said Master Archibald that he had any power from him to receive the said sum, the lords continue the said matter until 4 May and ordain the said David to call the said Master John to warrant and relieve him regarding the payment of the said sum at the hands of the said Master Archibald, and both parties are summoned according to the act. And also to prove that the said Master John had power from the said Master Archibald to receive the said sum on his behalf, and failing his proof, that letters be directed to distrenzie him of his lands and goods for the said sum.

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The lords decree and deliver that Thomas Corrie of Newbie does wrong in the occupation and labouring of the lands of Kelwood with their pertinents, and therefore ordain him to desist and cease from all interfering with them, and ordain them to be used and enjoyed by Asplane of Crawford of the Kerse, because he has lawfully redeemed them and paid the sum they were wadset for to the said Thomas, as was shown by authentic instrument before the lords, and ordain that letters be written for this, and the said Thomas was personally summoned to this action but did not compear.

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Today [James Allardice], provost of St Andrews was sworn to the causes and entered in place for [George Shaw], abbot of Paisley.

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