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

3 July

Regarding the action and cause pursued by Master Clement Fairley, parson of Kirkpatrick, next and Robert Charteris of Amisfield, his farmer and procurator for the said church, on the one part, against William Johnston of Marjoriebanks, Thomas of Marjoriebanks, called Proctor, Robert William and John William, on the other part, that is to say the said William and Thomas for the wrongful spoliation, removal and withholding from them of the Easter reckoning of the said church and penny offering on last St Patrick's day [17 March] past, totalling the sum of 10 merks, 200 lambs totalling the sum of £18, a sack of teind wool totalling 24 stone, priced £12, and the said John, William and Robert for the wrongful labouring and manuring of 40s worth of land of the churchlands of the said church, and for the costs and injuries totalling 10 merks, as was alleged, the said Master Clement and Robert being present in person, the said William Johnston, Thomas and the rest of the said persons being lawfully summoned, often called but not compearing, their reasons, allegations and productions of witnesses produced by the said Master Clement seen, heard and understood at length, the lords auditors decree and deliver that the said persons do wrong in collecting and withholding the said Easter reckonings, penny offering and other teinds, duties and oblation from the said church, and therefore [they] ordain them to reimburse and pay the same back to the said Master Clement, and to desist and cease in the future from all intromitting therewith, and that they shall pay him as much as he can prove they have collected and intromitted with, for the production of which proof the lords ordain that letters be written to the steward of Annandale and his deputies charging him to call the said parties before him for the receipt of the said proof, set a day for it and warn the parties of it, and insofar as [it] is proven, to ensure the said Master Clement is paid.

  1. NAS, PA2/5, f.133v-134r. Back
  2. Note that 4 July appears before 3 July in the manuscript, unless one of the dates is in error. Back