[1490/2/52]*[print] [email] [cite] [preceding] [following]
13 February, the lords auditors sat
In the action and cause pursued by Margaret of Murray against James [Stewart], earl of Buchan to hear a decreet given for him regarding the annual rent of 12 merks claimed by the said Margaret for the lands of Traquair to be revoked, voided and annulled and declared of no value because the said Margaret enjoyed and used the same annual for a long time before the said decreet was given through a decreet and many and various deliverances and letters of execution, it not being clearly understood or seen by the lords who gave the said alleged decreet for the said James, earl of Buchan at the time, as was alleged, and for various other causes, the said James, earl of Buchan being lawfully summoned, often called but not compearing, the said Margaret being present in person, [she] produced and showed a decreet from the lords of council dated 17 April 1467 ordaining the said Margaret to use and enjoy the said annual, as is contained at greater length in the said decreet, the lords auditors, fully advised, decree and ordain that for all that they have so far seen letters are to be written to put the said decreet and letters given for it for the said Margaret regarding the said annual into execution and to make her be paid for it according to the form of the said decreet, regardless of any other decreets or letters previously given in contradiction [to this].
[1490/2/53]*[print] [email] [cite] [preceding] [following]
Regarding the action and cause pursued by Patrick Blackadder against Archibald of Dunbar, William Walker, James Walker, Adam Millar and William Cock for the wrongful occupation, labouring and manuring of Edmonstoun Grange since last Whitsunday [7 June] past claimed to pertain to the said Patrick through a tack from the abbot of Melrose, and for the costs, damage and injuries sustained by him through this, the said Patrick Blackadder [and] Archibald Dunbar being present in person and the rest of the said persons being summoned, often called and not compearing, it was alleged by the said Patrick that he had the tack of the said lands from Dean Bernard Bell, abbot of the said abbey of Melrose, and from the convent of the same, and claimed by the said Archibald Dunbar through a tack from Dean John Cairncross, abbot at the time of the said abbey, and it was alleged by the said Patrick that the said Dean John was not the blessed and confirmed abbot of the said abbey, and therefore could not make or set the lands of the said place, and [it was] similarly alleged by the said Archibald that the said Dean Bernard is not as yet blessed or confirmed abbot of the said abbey and therefore has no more power than the said John had, the lords auditors therefore appoint 15 June next, with continuation of days, for the said Patrick and Archibald to prove sufficiently that both the said Dean Bernard and Dean John were lawfully blessed and confirmed and admitted to the said abbey and held as abbots of the said abbey, and ordain them to have letters to summon their witnesses and the parties are summoned according to the act. And [the lords] continue the summons regarding his damage and injuries in the meantime, and ordain the said lands and tack to be used and manured in the meantime as they are now without prejudice of party.
[1490/2/54]*[print] [email] [cite] [preceding] [following]
Alexander Spens compeared in the presence of the lords auditors [and] appointed and made William [Knollis], lord of St John his procurator, to pursue certain persons regarding a summons of error touching the lands of Berntonane and for all things belonging to that, which office the said William took upon himself and swore to administer loyally as such as is fitting by law.
[1490/2/55]*[print] [email] [cite] [preceding] [following]
Regarding the action and cause pursued on behalf of our sovereign lord and Alexander Spens, cousin of the late Edmond of Spens, against Alexander Cockburn of Langton and Thomas Home of Stewarton, alleged sheriffs of Berwick in that part, for the serving of a brieve of inquest from our sovereign lord's chapel purchased by Catherine Spens, Elizabeth Spens and George Trotter through the death of the said late Edmond, their brother, and against Philip of Nesbit of that Ilk, Alexander Home of Dun and certain others who passed on the serving of the said brieves, that is to say against the said alleged sheriffs for their wrongful and improper proceeding in the execution of their office in the serving of the said brieves, and against the said persons who passed on the said assise for their error and wrong decision in the said matter, as is contained at greater length in the summons given for that, all the said parties being present themselves and their procurators, their reasons and allegations heard and understood, the lords auditors appoint 23 February current, with continuation of days, for the said sheriffs to prove that they held their court lawfully and heard all lawful ministers and officers for the exercising of the same, and that they proceeded properly in doing so, and that they have letters to summon their witnesses, and that the said Alexander and his procurator bring the letters of discharge that they had in the said matter on the said day, and both parties are summoned according to the act, and [the lords] continue the said summons in the meantime.
[1490/2/56]*[print] [email] [cite] [preceding] [following]
The action and cause pursued by David Hoppringill and William Hoppringill against Master Thomas of Borthwick and John Borthwick of Crookston, that is to say against the said Thomas for the wrongful occupation of the lands of Pirn and against the said John for the wrongful occupation of the lands of Cortleferry from the last feast of Whitsunday [7 June] past, as is contained in the summons, is continued by the lords auditors until 6 March next, with continuation of days, in the same form and effect as it is now without prejudice of party, and ordain the said Master Thomas and John to have letters to call their warrant on the said day, if they have any. And further, the lords auditors appoint the said day, with continuation of days, for the said Master Thomas and John to prove lawfully that they have a tack of the said lands before the tack made to the said David and William, and ordain them to have letters to summon their witnesses and to cause [William Scheves], archbishop of St Andrews to produce his rental of the said lands, and both parties are summoned according to the act.
[1490/2/57]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by John [Carlyle], lord Carlyle against Simon Carruthers of Mouswald regarding the wrongful withholding from the said John of the sum of 400 merks paid by him to the late Archibald Carruthers, father of the said Simon, for the marriage [which was to] have been completed between the said Simon and Euphamy of Carlyle, according to the form of various acts and judicial processes previously passed in the said matter, the said Simon Carruthers being lawfully summoned and charged for the said action and to have brought with him on the said day the original letter of discharge under the said John's seal, which he previously produced and showed before the lords auditors of complaints according to the decreet given for that, the said John, lord Carlyle being present in person produced and showed three acts previously given in the said matter, that is to say one dated 14 November 1487, to show the said discharge of the said late Archibald from the grant of receiving the said sum, as is contained at greater length in the said act; another dated 31 January 1487 [1488], ordaining the said laird of Mouswald to bring the original letter of acquittance and discharge under the said Lord Carlyle's seal that he produced and showed before the [lords] auditors of complaints on the said day, as is more fully contained in the said decreet; and the third dated 6 February 1488 [1489], ordaining the said laird of Mouswald to bring the original letter of acquittance and discharge under the said Lord Carlyle's seal that he previously produced and showed before the lords auditors of complaints, with warning that if he did not bring the said principal letter the lords would decide that letters [are] to be given to distrenzie the said laird of Mouswald for the said sum, as is similarly contained in the said decreet; the lords auditors, fully advised, decree and deliver that the said Simon shall content and pay the said John, lord Carlyle the said sum of 400 merks usual money of Scotland because he failed to produce the said discharge, according to the acts and decreets given for that, and ordain that our sovereign lord's letters be directed to distrenzie the said Simon of his lands and goods for that.
[1490/2/58]*[print] [email] [cite] [preceding] [following]
Regarding the action and cause pursued by John of Knollis and Janet Haliburton, his spouse, against William Halkerston and Margaret Lamb, his spouse, to hear the depositions of certain witnesses taken before the lords of our sovereign lord's council at the time in the action and cause pursued by the said John and Janet, his spouse, as heir [of the] late Alexander Haliburton, her uncle, against the said William and Margaret, touching the withholding from the said Janet of certain goods of inheritance, both the said parties being present in person, their reasons and allegations [being] heard and understood, because it was alleged by the said John of Knollis that he had more witnesses to produce in the said matter, the lords auditors therefore appoint 17 February current, with continuation of days, for the said John and Janet to produce the rest of the witnesses that they have in the said matter, and an officer [is to] warn and charge Master Richard Lawson and Sir James Allardice to compear [on] the said day, with continuation of days, to declare the truth regarding the first depositions taken in the said matter, and both parties are warned according to the act.
[1490/2/59]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that James Herring, son and heir apparent of James Herring of Tullibole, John of Crichton and Robert of Murray do wrong in occupying and manuring the third part of the lands of Ragulpno, Balnablare and Monyvee pertaining to Beatrice Scougall through terce, and therefore [they] ordain them to withdraw from and clear the said third part of the said lands and to desist and cease from that in the future, to be used and enjoyed by the said Beatrice Scougall as her terce lands, and ordain the said James, John and Robert to content and pay her the sum of £6 of mail owed to her from the mails of the terce of the said lands for the past three years together with 5 merks of grassum from the said lands collected by them for the said three years, as was sufficiently proven before the lords, [and] they being lawfully summoned, often called but not compearing, [the lords] ordain that letters be given to distrenzie them of their lands and goods for that. And as for the ox, costs and injuries, the lords appoint 15 June next, with continuation of days, for the said Beatrice to prove the value of the same and her costs and injuries, and ordains that she [is to] have letters to summon her witnesses and the party [is] to hear them sworn, and [they] continue the summons regarding that part in the meantime without prejudice of party.
[1490/2/60]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Patrick of Muirhead and his six lawborrows are free of all claims, debts and exactions requested from them by Margaret of Lennox before 16 October 1487 regarding the ferme of Davidston claimed by her from the said Patrick and his lawborrows, except for the corn, cattle and all the goods pertaining to the said Patrick that was on the said ground of Davidston, that is to say two horses, two cows and 200 threaves of oats with the plough and its accessories pertaining to it, according to the form of an decreet arbitral and production of witnesses shown and produced before the lords.
[1490/2/61]*[print] [email] [cite] [preceding] [following]
In the presence of the lords auditors Alexander Spens, the heir of the late Edmond Spens, compeared in person, of his own free will, unconstrained, and declared and showed before the said lords that certain lands that should pertain to him as inheritance were wrongly withheld from him and also that he suspected there would be harassment and trouble moved against him for certain actions of his grandmother and others, and because he understood that he himself was young and of tender age and not of [adequate] experience, knowledge or discretion to pursue and follow his own right or defend himself against such persons who would try to move any actions or quarrels against him without counsel, help and support from his kin and friends, he, for this reason, of his own free will, declared before the said lords that his greatest confidence and expectation of help, counsel and support was only in the person of a right noble lord William [Knollis], lord of St John, to whom he stood in close degree of consanguinity, and therefore he appointed and chose the said lord [as] his lawful curator to pursue, follow and defend all actions, causes and quarrels concerning him, moved or to be moved, for lands, inheritance or goods, movable or unmovable, and obliged himself to abide and to fulfil the counsel, ordinances and directions of the said lord [as] his curator in all manner of things that may concern or pertain to the office of curatory by any law, civil [or] canon, acts or statutes of this realm, so that the said lord shall use the said office of curatory for the said Alexander until he is of lawful age throughout the time of the same according to the law, which office of curatory the said lord William accepted and took upon himself, and for the true, loyal and dutiful administration of it gave his bodily oath.
[1490/2/62]*[print] [email] [cite] [preceding] [following]
The lords auditors sat in the afternoon
In the action and cause pursued by William Hogg of Vigorushauch against William [Keith], earl Marischal, John of Cockburn, his alleged bailie of Keith, for their wrongful and improper proceeding regarding the alleged process of forfeiture led against the said William Hogg in the said earl's alleged court, held at Nether Keith [on] 14 October in 1488, and to hear the said alleged process and all that followed from it retracted, made void, annulled and to be determined of no value for these following reasons: firstly, because they summoned and called the said William to the said court to hear him forfeit his said tacks because he would not allow the said earl to enter the house and fortress of Nether Keith, as they alleged, despite the said house being delivered to the said earl a long time before the said court, and for various other reasons contained in the summons; and for their wrongful and improper giving of a sentence and judgment of forfeiture against the said William Hogg of his said tacks for the said alleged reason, [as] they were not reasons for forfeiture as was similarly alleged in the case that they had been committed by the said William, as they were not; and for their wrongful proceeding in the giving of the said sentence and judgement because they were not unanimously given according to the form of the deliverance of the assise which passed on it, and for other various causes. And also the said earl and his aforesaid bailie [are] to bring with them on the same day the summons made on the said William Hogg along with their court book and aforesaid process, so that it may be understood whether the said process and sentence was rightly and properly led or not. And also the said earl [is] to answer the said William Hogg for the wrongful spoliation, removal and withholding from him from the said lands of Nether Keith of 10 oxen, 3 cows, 25 sheep to the value of £29, and further on his costs and injuries. And also against †Alexander Straiton of Lauriston, Robert Arbuthnott of that Ilk, Alexander Falconer of Halkerston and certain other persons who passed on the assise in the said matter for their error and wrongful deliverance in the said matter against the said William Hogg according to the form of the said summons, the said William, earl Marischal and William Hogg being present in person, their reasons and allegations seen, heard and understood at length, the lords auditors decree and deliver that the said William, earl Marischal and his officers have done no wrong in taking the said goods because the said William Hogg was present in the said earl's court at the said doom and sentence given against him and made no lawful impediment to it, as was proven by an instrument under the signature of James Young, notary, shown and produced before the lords.
[1490/2/63]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Robert Turner, heir of the late Henry Turner, does wrong in the harassment and troubling of Marion Gray, spouse of the late John Gray, Elizabeth Hepburn and Janet Hepburn, daughters of the said Marion, in the peaceful using and enjoyment of each and every tenement and rig of land with its pertinents, lying in the north part of the Nungate of St Martin, between land belonging to Henry Kerrington on the west part and land pertaining formerly to the said Henry on the east part, within the constabulary of Haddington, pertaining to the said Marion, Elizabeth and Janet through a lease made to them by the said late Henry for the terms of 19 years, just as was proven by his letters of tack made to them for that, shown and produced before the lords, and ordain our sovereign lord's letters be directed to charge the said Robert Turner to desist and cease from the harassment of the said persons, and both their parties were present in person.
[1490/2/64]*[print] [email] [cite] [preceding] [following]
Regarding the action and cause pursued by Malcolm Forrester of Pettintoskane against Edward the Bruce for the wrongful occupation and manuring of the tack and mailing of four oxgang of land with the orchard in the Hailes of Airth, and intromitting with, collecting and withholding 2 chalders of oats sown on the ground and more, estimated at 6 chalders, each chalder priced 8 merks, 13 bolls of sown wheat, estimated at 16 bolls, each boll priced 15s, and for the wrongful spoliation, removal and withholding from the said tack of 2 mares, each priced 30s, a plough with iron yokes [and] some other accoutrements belonging to her, priced 20s, and for his costs and injuries, both the said parties being present in person, their reasons and allegations heard and understood, the said Edward admitted that he had collected three chalders of the said oats and 15 bolls of wheat, and claimed to have a warrant for him in the said matter, the lords auditors therefore appointed 15 June next, with continuation of days, for him to take letters to call his warrant in the said matter, and [they] continue the summons in the meantime in the same form and effect as it is now, without prejudice of party, and both parties are warned according to the act.
[1490/2/65]*[print] [email] [cite] [preceding] [following]
Sir Philip Howison compeared before the lords auditors, as procurator for James Howison, and protested that because Dean James Gray, canon of St Andrews, caused him to be summoned to his suit for £36 but would not compear to pursue him, he being often called for that, that therefore etc.
[1490/2/66]*[print] [email] [cite] [preceding] [following]
Andrew Abercrombie compeared before the lords auditors and protested that because John Thomson caused him to be summoned to his suit for the wrongful harassment of him in a tack of the lands of Kettil but would not compear to pursue him, he being often called for that, that therefore etc.
[1490/2/67]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Adam of Johnstone of that Ilk, brother and heir of the late John of Johnstone of that Ilk, shall content and pay Marion Liddale, the spouse and executor of the late Sir Patrick Baron, knight, a sack of wool weighing 24 stone of adequate merchant ware, owed to the said late Patrick by the said late John of Johnstone, just as was proven by the said late John's obligation under his seal, shown and produced before the lords, and ordain that our sovereign lord's letters be directed to distrenzie the said Adam of his lands and goods for that, and the said Adam was summoned to this action, often called but did not compear.
[1490/2/68]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Thomas Porteous of Hawkshaw shall content and pay William [Knollis], lord St John 74 lambs taken by him from the said William's lands of Olivercastle, as was confessed by the said Thomas in the presence of the lords, which goods pertain to the said William, lord St John through the escheat of his tenants William Tweedie and Laurence Tweedie, who were outlawed by our sovereign lord at the time according to his infeftment, and ordain that our sovereign lord's letters be directed to distrenzie the said Thomas of his lands and goods for that, and for the profits of the said goods and his costs and injuries insofar as they can prove [them] before the sheriff of the shire, and ordain the sheriff to receive the said proof before him, set a day for it and warn the parties of it, and make him be paid for what has been proven.