[1488/10/59]*[print] [email] [cite] [preceding] [following]
9 October, the lords auditors sat in the afternoon
In the action and cause pursued by John Palmer, burgess of Linlithgow, against Laurence Bertram, for the wrongful detention and withholding from him of the sum of £28 usual money of the realm owed to him by the said Laurence of the rest of a greater sum, according to the tenor of his handwritten writ made for that, and also for the costs, injuries, damage and expenses sustained by the said John through this, that is to say since last Palm Sunday Eve [29 March] 10s for each day, in which the said Laurence is similarly bound by his aforesaid handwritten writ, as was alleged, both the said parties being present in person, their rights, reasons and allegations [being] seen, heard and understood, the lords auditors decree and deliver that the said Laurence Bertram shall content and pay the said John the said sum of £28 usual money of the realm of the rest of a greater sum, just as he is bound by his own handwritten writ shown and produced before the lords, in default to the said Laurence in the payment of the said sum that it happens is proved to be the value of the 'teis'† of the ship called The Katrine by James Thomson, James Taylor and William Chamber according to the form of the same writ, and ordain our sovereign lord's letters be directed to this along with letters to be directed to the provost and the bailies of Edinburgh to have the said proof before them and set a day for that and warn the parties for this, and also to distrenzie the said Laurence for 40s for the expenses of the said John incurred in this cause, and for 40s of his fine to be paid to the lords of the session according to the form of the act of parliament.
[1488/10/60]*[print] [email] [cite] [preceding] [following]
Jesus†
The lords auditors decree and deliver that John [Kennedy], lord Kennedy, John [Montgomery] of Montgomery and Michael MacClure shall withdraw from and clear the lands of Barbeth, and also that Archibald Craufurd of Craufurdland shall withdraw from and clear the lands of Bordland in favour of Janet Hamilton, lady of Gadgirth, to be peacefully used, enjoyed and manured by her according to the form of our sovereign lord's letters of lease under his privy seal made to her for that shown and produced before the lords, and ordain our sovereign lord's letters be directed for this. And as touching the costs, damage and expenses sustained by her through the lack of the said lands, the lords appoint 8 January next, with continuation of days, for her to prove the said costs and injuries, and ordain the witnesses who were now summoned but did not compear to be summoned on the said day under greater pains, and the party to hear them sworn, and the said persons were lawfully summoned to this action, often called but not compearing, and that letters be written to distrenzie each one of the said persons for 40s in a fine according to the form of the act of parliament.
[1488/10/61]*[print] [email] [cite] [preceding] [following]
9 October, the lords auditors sat
The action and cause pursued by John Ramsay of Kilgour, tenant farmer of Abernethy church, against John of Moncreiffe of that Ilk, for the wrongful spoliation and withholding from him of two chalders of oats priced 16 merks per chalder, half a chalder of barley priced 18s per boll, two bolls of wheat priced 30s per boll, and a boll of peas priced 13s 4d, which corns were teinds of Abernethy and Balgonie and pertained to the said John Ramsay as the aforesaid farmer, and withheld by the said John of Moncreiffe, as is alleged, is continued by the lords auditors until 18 October current, with continuation of days, in the same form as it is now without prejudice of party, and ordain the depositions of the witnesses now taken to be closed; and because the said John of Moncreiffe alleges that he had the said teinds from the aforesaid John Ramsay, that therefore he [is to] have letters to summon his witnesses to prove his said allegation and both the parties are warned according to the act.
[1488/10/62]*[print] [email] [cite] [preceding] [following]
John Somerville, procurator for John [Somerville], lord Somerville, compeared before the lords auditors and protested that because William Somerville, his son and heir apparent, caused him to be summoned to his suit but would not compear to pursue him, being often called for this, that therefore the said William should not be heard in judgement in that matter until he has paid the costs and expenses of the said lord and new summons are made for him.