23 February 1484

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

23 February

In the action and cause pursued by George Campbell [of Loudoun], sheriff of Ayr, and Quentin Muir of the Aird, on the one part, against Henry Kennedy of Drumellan, on the other part, for the wrongful collection of the mails, fermes and profits from the lands of Drumellan, Karinley, Drenanystoun, Bogend, Clongallon and Auchinleffin with their pertinents pertaining to the said Sir George and Quentin through a tack from Isobel [Ogilvy], lady Glamis, assignee to the late Gilbert [Kennedy], lord Kennedy, as was alleged, both the said parties being present themselves and through their procurators, and their reasons and allegations heard and understood, the lords auditors decree and deliver that the said Henry shall satisfy and pay the said Sir George and Quentin the sum of 70 merks collected by him from the lands of Drumellan, Karynley, Drenanstoun and Bogend for the past three and a half years, which lands are worth 20 merks annually, except the lands third as was proven before the lords, and ordain that letters be written to distrenzie him of his lands and goods for this. And if the said Henry has any action against any persons from whom he bought the ward of the said lands, that he calls them for that and justice shall be done.

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The lords continue the summons between John Oliphant, on the one part, against William [Abernethy], lord Saltoun, on the other part, regarding the sum of 240 merks until 4 May next, with continuation of days, and because the procurators of the said Lord Saltoun allege to have a warrant for the said sum, the lords ordain him to call his warrant for the said day if it pleases him.

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Concerning the action and cause pursued by Master Ninian of Crichton, parson of Sanquhar, against Gilbert Neilson of Barnsoul and Robert Neilson, his son, and James Dawson, regarding the wrongful occupation and labouring of 2 merks worth of land of Glenkeil, lying in the barony of Terregles, because the said Robert Neilson produced an instrument in the form of a letter of tack for the said lands, and alleged that through it he was in possession of the said lands, and the said Master Ninian agreed in the presence of the lords that if the said Robert could prove that he was in possession of the said lands that he should cease the pursuit of his action, the lords auditors appoint 4 May next, with continuation of days, for the said Robert to prove that he was in possession of the said lands and used the same, according to the form of the said instrument shown before the lords, and ordain him to have letters to summon his witnesses, continue the action until the said day, and both parties are summoned according to the act.

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Concerning the action and cause pursued by Herbert MacBrair against William Maxwell, brother of George Maxwell of Carnsalloch, for the wrongful spoliation and removal of 5 oxen and cows from the lands of Durrisquen from the tenants dwelling on the same, because it is alleged by the said William Maxwell that he, as bailie to his the said George, took the said goods, and that the said John, his brother, should warrant and keep him uninjured regarding the taking of the same, the lords appoint 4 May next, with continuation of days, for the said William to prove that he had power from his said brother to take the said goods, and also to call him on the said day to warrant him for the taking of the same, and in the meantime ordain the said oxen and cows to be returned to the said ground without prejudice of either of the rights of the said parties that they claim for the said lands, and that our sovereign lord's letters be directed for this.

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The action and cause pursued by Steven Lockhart against Patrick Clelland and Richard Hastie for the wrongful detention and withholding from him of the profit of a ferry boat journeying on the water of Clyde at the Cross-Ford for the time of the past 15 years, totalling 40s yearly, as was alleged, is continued by the lords auditors until 4 May next, with continuation of days, and because the said Patrick and Richard allege to have a warrant for that in the said matter, the lords ordain them to call their warrant for the said day.

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The lords decree and deliver that John Mann, burgess of Linlithgow, shall satisfy and pay Alexander Livingstone, burgess of Edinburgh, the sum of £22 and 8s of the usual money of the realm, owed by him to the said Alexander for certain matter, as was proven 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 this, and the said John Mann was summoned for this action and often called but not compearing.

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In the action and cause pursued by John Bunch, burgess of Perth, against James of Dundas of Fingask and John of Dundas, that is to say the said Master James for the wrongful detention and withholding from him of the sum of £100, because of the vexing and disturbing of the said John Bunch in the use of the lands of Hawhill of Fingask, and the said John for the wrongful occupation, manuring and labouring of the said lands without tack or licence from the said John Bunch, both the said parties being present themselves and through their procurators, and their reasons and allegations heard and understood, the lords auditors decree and deliver that the said John of Dundas does wrong in the occupation and labouring of the said lands, and therefore ordain him to desist and cease from all interference with them, and ordain them to be used and enjoyed by the said John Bunch, and that letters be directed for that. And further the lords appoint 4 May next, with continuation of days, for the said John Bunch to prove that the said Master James or any others that he might allow have vexed and disturbed him in the use and enjoyment of the said lands through which he claims the said £100, and also to prove what costs, injuries, damages and expenses he has sustained through the said John of Dundas in the wrongful occupation of the aforesaid lands, and ordain him to have letters to summon his witnesses, and both parties are summoned themselves and their procurators according to the act, and continue the matter until the said day, with continuation of days.

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The lords decree and deliver that Alexander Towns shall satisfy and pay John Inglis of Colquhalzie a chalder of wheat, priced 14s per boll, a chalder of barley, priced 10s per boll, a chalder of oats priced 6s per boll, and two dozen capons, 3 chalders [of] horse corn, collected by him from the two parts of James of Rhynd's lands of Broxmouth, and pertaining to the said John through a tack from the said James. And also the lords decree and deliver that William Todd shall satisfy and pay the said John for the profits of a quarter of the said James Rhynd's lands half a chalder of wheat, priced 14s per boll, half a chalder of barley, priced 10s per boll, half a chalder of oats, priced 6s per boll, and a dozen capons, and 4 bolls of horse corn, collected by them from the said lands as was proven by the said John on the day appointed for him through a previous act of the auditors of complaints, and ordain that letters be directed to distrenzie them of their lands and goods for this.

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The lords appoint 4 May next, with continuation of days, for William Lempitlaw to prove that the alienation made to him by Steven Lockhart for a tenement and land lying in the burgh of Lanark was made for the good and profit of the said Steven, and that the said tenement was of no more value at the time the said alienation was made than the annual or thereby contained in the charter made to the said William by the said Steven for the said land and tenement with consent of his tutors, which charter was shown before the lords under the said Steven's seal and under the seals of his tutors, and ordain him to have letters to summon his witnesses, and both parties are summoned according to the act and continue the matter until the said day.

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The lords decree and deliver that Henry Wardlaw of Torr shall satisfy and pay Robert of Wardlaw the sum of £36 13s 4d of the usual money of Scotland, for which he is bound to the said Robert by his obligation for £10 groat paid by the said Robert at the said Henry's command to Dean Robert Hyndmaris, canon of St Andrews, as is contained in the said obligation 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 Henry was summoned for this action but did not compear, and also that he shall satisfy and pay a merk for his costs and letters.

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The lords decree and deliver that Sir Laurence Mercer of Meikleour, knight, shall satisfy and pay John Oliphant of the Drem 10 chalders of oats, priced 8 merks per chalder, and 24 bolls of barley, priced 8s 4d per boll, taken and spulzied by the said Sir Laurence from the lands of Muckersie, as was proven before the lords, and ordain that letters be written to distrenzie him of his lands and goods for this.

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