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

28 February

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, [William Hay], earl of Erroll, [Andrew Stewart], lord Avondale, [Robert Fleming], lord Fleming, [Patrick Lyon], lord Glamis, [Patrick Hepburn], lord Hailes, [John Kennedy], lord Kennedy, [Laurence Oliphant], lord Oliphant, [William Borthwick], lord Borthwick, John Haldane, [Archibald Whitelaw], secretary, [James Allardice], provost of St Andrews, John Ross and Master Richard Lawson.

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The lords appoint 4 May next, with continuation of days, for Janet of Towers, lady of Inverquharity, and William Strachan to prove what disturbance Walter of Ogilvy of Inverquharity, John of Ogilvy, his son, and the rest of the persons contained in the summons made to her, the said William and their bailie, regarding the holding of their court in their lands of Lindeuch, and ordain them to have letters to summon their witnesses.

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Alan MacLellan compeared before the lords auditors and protested that because he was summoned to the suit of Fois Pentego, and [he] would not compear to pursue him according to the tenor of his summons, therefore he should not be heard against them in judgement until he has paid his costs and expenses and until new summons [are issued].

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The lords auditors decree and deliver, for all that has so far been seen before them, that Duncan Forbes does wrong in the occupation and labouring of the lands of Flac with their pertinents, and therefore ordain him to desist and cease from all dealing with them, and ordain them to be used and enjoyed by [Robert Blackadder], bishop of Aberdeen, his tenants and servants, and that letters be directed for this, and the said Duncan was summoned to this action but did not compear.

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The lords continue the action and cause pursued by [Andrew Cavers], abbot, and the convent of Lindores against James of Shaw of Sauchie and Robert Colville for costs, injury and damage sustained by them regarding the non-fulfilment of certain indentures made to them by John Merlzoun, mason, and for the withholding of certain sums of money contained in the said summons, until 4 May next, with continuation of days, and because the procurators of the said James and Robert allege to have a warrant, the lords ordain them to call their warrant for that day.

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The procurators of the inhabitants [of] the parsonage of Buthrogill compeared before the lords auditors and protested that because they were summoned to the suit of William of Crichton and [he] would not compear to pursue him according to the tenor of his summons, that therefore etc.

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After noon, the lords auditors sat

The lords auditors decree and deliver that David Pringle shall restore and return to William [Borthwick], lord Borthwick, Marion Hogg, Archibald Hogg and Thomas Hogg these undernoted goods, that is to say to the said Lord Borthwick 67 ewes, each priced 6s 8d; to Marion Hogg 80 ewes and wethers, each priced 6s 8d, 60 hogs, each priced 3s 4d; to Archibald Hogg 160 wethers and ewes, each priced 6s 8d, 40 hogs, each priced 3s 4d, a horse priced 30s; to Thomas Hogg 160 ewes and wethers, each priced 6s 8d, 40 hogs, each priced 3s 4d, and two horses, the price of both £6; and to the said Marion and Archibald 13 cows and oxen, each priced 26s 8d. And to the said lord and persons for the damage and loss of the said goods £40, which goods were taken and spulzied by the said David from the lands of Haltree and Brokas, as was proved before the lords, and ordain that letters be written to distrenzie him of his lands and goods for this.

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The lords auditors decree and deliver that James Gifford of Sheriffhall shall restore and return to Master George Carmichael, [bishop-]elect of Glasgow, 37 old oxen each priced 40s, 5 young oxen each priced 26s 8d, 10 cows each priced 30s, 6 young oxen each priced 20s, 7 young nolt each priced 10s, 10 horses each priced £3, 87 ewes with lamb each priced 7s, 60 old wethers each priced 7s, 160 wool skins priced £8, furnishings taken from the herd keeper's house [worth] £6, furnishings taken from the place of Tyninghame [worth] £20, and for the damage and loss of profit from the ewes and cows £24, and for the damage from the laying waste of the lands of the mains of Tyninghame and Duncur the sum of 200 merks, which goods were taken and spulzied by the said James Gifford of Sheriffhall from the said places of Tyninghame and Duncur, 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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The lords auditors decree and deliver that Robert Charteris of Amisfield shall satisfy and pay Master Alexander Inglis, parson of Kirkmichael, or his procurators, the sum of £80 of the usual money of the realm, for the tack and lease of the said church of Kirkmichael, because he is bound to it by his obligation shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for that.

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The action and cause pursued by David Kinross against David Wemyss and the rest of the persons contained in the summons, for the spoliation of certain gold, silver, jewels, household furnishings and other goods, until 8 March next, with continuation of days, and ordain the witnesses that were now summoned and did not compear [to] be summoned again on the said day, and both parties are summoned according to the act.

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