21 October 1484

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

21 October

In the action and cause pursued by Sir Duncan MacGregor, vicar of Drummin, against James Arthurson for the wrongful occupation and detention of the mansion of Drummin, and collection of the fermes and profits of the said mansion, and for the withholding of a bedcovering pertaining to the said vicar through the death of Janet Badly, and for the withholding of 10s of borrowed silver, the said Sir Duncan being present, and the said James being lawfully summoned and often called but not compearing, the lords decree and deliver that the said James does wrong in occupying and withholding the said mansion, and ordain him therefore to withdraw from and clear the same in favour of the said Sir Duncan, and ordain our sovereign lord's letters be directed for this. And further the lords appoint 14 January next, with continuation of days, for the said Sir Duncan to prove what fermes and profits he has collected from the said mansion, and how much he is injured by it, and also to prove that he withholds from him the said bedcovering and 10s for borrowed silver, and ordain letters be written to summon the witnesses, and the party to hear them sworn.

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back

In the action and cause pursued by Marion of Kinninmonth and Alexander Idwy, her son and mailer, on the one part, against John of Moncreiffe of that Ilk and John Moncreiffe, his son, David Atkin and David Atkin, his son, on the other part for the wrongful labouring of the lands of Kinninmonth and using and enjoyment of the same, and for the costs and injuries they sustained through it totalling the value of £40, as was alleged, the said Marion and Alexander being present in person, and the said persons being lawfully summoned and often called but not compearing, their reasons, evidence and allegations seen, heard and understood at length, the lords auditors decree and deliver that the said persons do wrong in the occupation and labouring of the said lands, and ordain them to withdraw from and clear the same to be used and enjoyed by the said Marion and her son. And further that they shall satisfy and pay them the sum of 20 merks for their costs and injuries they sustained through this, as was sufficiently proved before the lords, and ordain our sovereign lord's letters [to] be directed for this.

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back

The action and cause pursued by Beatrice Carmichael against Robert of Johnston, concerning the wrongful occupation of a husb[...]

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back

After noon

[Deleted text:] In the [...]

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back

The action and cause pursued by Humphrey Colquhoun of that Ilk, on the one part, against Elizabeth Dunbar, the spouse of the late Sir John of Colquhoun of that Ilk, the father of the said Humphrey, on the other part, regarding the relieving and keeping him Humphrey uninjured of payment of one half of the debts which is put and contained in the said late Sir John's testament, is continued by the lords auditors until 14 January next, with continuation of days, and because it is alleged by the said Elizabeth that she ought to have the one half of the movable goods of the said late Sir John, her husband, according to the form of the decreet of the lords of council given previously, and also that the said late Sir John had more movable goods than is contained in the testament, and alleged by the said Humphrey that she has got one half of the said goods and ought therefore to relieve him of one half of the debts, the lords appoint the said next 14 [January], with continuation of days, for the said Humphrey to prove that she has got one half of the said late Sir John's movable goods, and also appoint the same day for the said Elizabeth to prove what movable goods the said late Sir John, her husband, had in excess of what is contained in his testament, and ordain that letters be given to summon the witnesses, and both the parties are summoned according to the act.

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back

The lords decree and deliver that George Balsillie, Robert Melville, elder, and Robert Melville, younger, and John Bonar shall satisfy and pay Thomas Walker, for the vexing and disturbance of the said Thomas in using and enjoyment of a quarter of the mill of Dron, and for the fermes of the same, 8 bolls of victual priced 10s per boll, for the past two years, and also that they shall satisfy and pay him a chalder of oats and 8 bolls of barley for the profit from two acres of land pertaining to the said mill for the past two years. And further that John Strang shall satisfy and pay the said Thomas a horse priced 40s and a wagon priced 1 merk, which he spulzied and took previously from the said Thomas, as was sufficiently proved before the lords, and ordain that letters be written to distrenzie them of their lands and goods for that.

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back

The lords ordain that letters be written to the sheriff of Perth charging him still as previously to compel and distrenzie John of Murray of the Trowan of his lands and goods for the sum of £60 of the usual money of the realm, and make Master James Lindsay, dean of Glasgow, be contented and paid that within the next 20 days according to the form of our sovereign lord's letters previously directed to him for that, and failing that that letters be written to sheriffs in that part charging them to compel and distrenzie the said sheriff of his lands and goods to the value of the said sum and make the said Master James be paid for the same, because he did not execute our said sovereign lord's letters directed to him for that, along with the costs that the said Master James happened to sustain during the time.

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back

The lords auditors decree and deliver that William Waugh of Dawyck shall deliver and give to Elspeth of Douglas, the spouse of the late Alexander Ramsay of Dalhousie, a gold chain or its value as she can prove the said chain was worth, which chain was laid in pledge to the said William by the late David Reddoch for 1 merk of silver, as was proved before the lords, and appoint 14 January next, with continuation of days, for the said Elizabeth to prove the value and quantity of the said chain, and ordain that letters be given to summon the witnesses, and the party to be warned to hear them sworn, reserving the said William's action against any persons that he pleases to call to relieve him of the said chain.

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back

Regarding the sum of £40 claimed by David Bruce of Clackmannan from William of Ruthven of that Ilk, James of Crichton of Redgorton, Robert Abercrombie of Murthle and David Lindsay of Beaufort, knights, of the rest of a greater sum of 500 merks through an obligation in which they are bound jointly and individually, not renouncing the benefit of division and requested the same to be kept to them, because the said Sirs William, Robert and David allege that their part of the whole sum of 500 merks contained in the said obligation is already paid, the lords appoint 14 January next, with continuation of days, for the said Sirs William, Robert and David and James to prove their part of the said whole, which is to each one of them 120 merks and 5 paid previously, and failing their proof, that letters be written to distrenzie them of their lands and goods for as much as remains unproved [as] paid of the said whole sum of 500 merks, and ordain that letters be written charging Sir James of Crichton who was now absent to compear on the said day to prove his part of the said sum paid, and failing that he compears the lords will decree on him as much as remains unpaid of the said 500 merks, and ordain that letters be given to summon the witnesses.

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back

The lords decree and deliver that Sir John of Auchinleck of that Ilk shall satisfy and pay Adam Wallace of Craigie the sum of £26 10s, for which he is bound by his obligation under his own seal and signature to the said Adam, shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for that.

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back

The action and cause pursued by William Stewart of Castlemilk, on the one part, against Herbert of Gladstone, sheriff depute of Dumfries, and certain other persons, who passed before on the serving of a brieve of inquest from our sovereign lord's chapel purchased by Elizabeth Stewart, the daughter of the late William Stewart, for the third part of the lands of Castlemilk for, is continued by the lords auditors until 14 January next, with continuation of days, and if it pleases the said William to summon the said Elspeth for the said day for her interest the lords ordain that lawful summons be given for that

  1. NAS, PA2/4, f.79v. Back
  2. 'the coverlet of a bed, claimed as a perquisite by the parish priest on the death of a parishioner' (DSL). Back
  3. NAS, PA2/4, f.79v-80r. Back
  4. NAS, PA2/4, f.80r. Back
  5. Sic. Back
  6. NAS, PA2/4, f.80v. Back
  7. NAS, PA2/4, f.80v. Back
  8. Deleted - 'the said'. Back
  9. Deleted - 'concerning the'. Back
  10. NAS, PA2/4, f.80v-81r. Back
  11. Deleted - 'and enjoyment of two acres'. Back
  12. NAS, PA2/4, f.81r. Back
  13. NAS, PA2/4, f.81r-v. Back
  14. NAS, PA2/4, f.81v-82r. Back
  15. Deleted - 'Sir'. Back
  16. Deleted - 'Sir'. Back
  17. Possibly Murthly in Tayside (Ord. Surv. NO 0938). Back
  18. Deleted - 'sum paid'. Back
  19. NAS, PA2/4, f.82r. Back
  20. NAS, PA2/4, f.82r. Back
  21. Sic. Back
  22. Sic. Back