[1484/2/119]*[print] [email] [cite] [preceding] [following]
27 February
In the action and cause pursued by Archibald Carruthers of Mouswald against Robert of Crichton of Sanquhar, sheriff of Dumfries, and Edward of Crichton, his depute, for the wrongful and improper proceedings in serving a brieve of inquest from our sovereign lord's chapel by the said Edward, as the aforesaid depute, purchased by Henry Carruthers, son of the late Simon Carruthers, regarding the said Simon's lands, lying in the stewardry of Annandale within the sheriffdom of Dumfries, because the said Archibald alleged bastardry before the said sheriff and his deputies against the said Henry and pending undecided in the consistory court of Glasgow, as was alleged, both the said parties being present themselves and [through] their procurators, and their reasons and allegations heard and understood, and a term appointed for the said Archibald to prove that he did his diligence in the consistory court of Glasgow in order to bring the process of the said bastardry to an end and that it was not his fault that the said process did not pass through, the lords auditors decree and deliver that the said sheriff and the said Edward, his depute, have done no wrong in serving the said brieve purchased by the said Henry on the said lands, because the said Archibald has not done his diligence in pursuing the said action of bastardry and its process to an end, as was shown before the lords.
[1484/2/120]*[print] [email] [cite] [preceding] [following]
Regarding the sum of £100 claimed by James Turnbull from Adam Turnbull of Philiphaugh for the wrongful vexing and disturbing of the said James in the use of the lands of Westfield with their pertinents, and for the wrongful spoliation of a cow from the said James from the lands of Kirkhope, and [the] destruction of a house of his built on the said lands of Westfield, the lords auditors decree and deliver that the said Adam shall restore and return to the said James the said cow or the price of 30s, and that he shall satisfy and pay him 40s for the tearing down of the said house, and ordain that letters be written to distrenzie him of his lands and goods for that. And further the lords appoint 4 May next, with continuation of days, for the said James to prove that the said Adam vexes and harasses him in the use and enjoyment of the said lands of Westfield, and in what ways and how he vexes him, and ordain him to have letters to summon his witnesses and the party to hear them sworn.
[1484/2/121]*[print] [email] [cite] [preceding] [following]
The action and cause pursued by Isobel [Ogilvy], lady Glamis, on the one part, against John [Kennedy], lord Kennedy, on the other part, regarding two silver vessels, a silver basin, two silver ewers and two pieces of silver, is continued by the lords auditors until 4 May next, with continuation of days, and because the said John, lord Kennedy alleges that he bought the said silver vessels from the executors of the late Gilbert [Kennedy], lord Kennedy, and that they should warrant him for it, the lords auditors appoint the said day for the said John, lord Kennedy to prove that he bought the said goods from the said executors, and to call them to warrant him on the said day if it pleases him.
[1484/2/122]*[print] [email] [cite] [preceding] [following]
In presence of the lords auditors Elizabeth, the spouse of James Gifford of Sheriffhall, compeared and protested that because her said husband was summoned to the suit of Master George Carmichael, [bishop-]elect of Glasgow, for the spoliation of certain goods from the place of Tyninghame and Duncur, as is contained in the summons, and that her said spouse was charged by the king not to come within four miles of his highness, that therefore whatever the lords proceeded [to do] or did in the said matter should not prejudice her said spouse, because he was not allowed to compear for his defence as is previously written.
[1484/2/123]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that because the procurators of Master Archibald Lindsay have agreed to free and release and keep Thomas Todd uninjured of the sum of £40 of the usual money of the realm, that therefore letters be written to his ordinary charging him to compel and distrenzie the said Master Archibald for the relieving of the said Thomas of the said sum of £40 at the hands of Marjory Carkettle, and because the said procurators allege the said sum [is] paid to the said Marjory Carkettle that he cause her to be called for that, and justice shall be administered.
[1484/2/124]*[print] [email] [cite] [preceding] [following]
William of Douglas of Whittingehame, knight, compeared before the lords auditors and protested that because he was summoned to the suit of Robert Lauder of the Bass for the spoliation of certain goods and that he would not compear to pursue him, that therefore the said Robert shall not be heard against him in judgement until he has paid his costs and expenses and until new summons [are issued].
[1484/2/125]*[print] [email] [cite] [preceding] [following]
After noon
Sitting were [Robert Blackadder], bishop of Aberdeen, [George Carmichael], bishop-elect of Glasgow, [Alexander Inglis], bishop-elect of Dunkeld, [Colin Campbell, earl of Argyll], chancellor, [Andrew Stewart], lord Avondale, [Laurence Oliphant], lord Oliphant, [Patrick Hepburn], lord Hailes, [William Borthwick], lord Borthwick, [Robert Fleming], lord Fleming, [Alexander Cunningham], lord Kilmaurs, John Haldane, [Archibald Whitelaw], secretary, [James Allardice], provost of St Andrews, Thomas Fotheringham, Master Richard Lawson and John Ross.
[1484/2/126]*[print] [email] [cite] [preceding] [following]
The action and cause pursued by David Hay of Creich against Alexander Wilkieson for the wrongful collection and withholding of† 6 merks of annual from the land of Lumbennie, is continued by the lords† until 4 May next, with continuation of days, and because the procurators of the said Alexander allege that David Kinnear should warrant him regarding the said annual, the lords ordain him to call the said David to warrant him for the said day, if it pleases him, and he shall have justice.
[1484/2/127]*[print] [email] [cite] [preceding] [following]
The lords decree and deliver that William of Learmonth shall restore and return to Master George Carmichael, [bishop-]elect of Glasgow, 40 ewes and 9 wethers and barren sheep, [in] as good [condition] as they were [at] the time the said William took them, or else 7s for each one of the said sheep, and ordain that letters be written to distrenzie him of his lands and goods for that.