[1490/2/77]*[print] [email] [cite] [preceding] [following]
17 February, sitting were [William Elphinstone], bishop of Aberdeen, [Henry Abercrombie], abbot of Cambuskenneth, [Richard Muirhead], clerk register, [James Allardice], provost of St Mary's, [William Borthwick], lord Borthwick, [John Drummond, lord] Drummond, Walter Ogilvy of Boyne, Henry Cant and Duncan Forrester
The lords appoint 15 June next, with continuation of days, for Thomas Corry of Newbie to prove sufficiently that the 46 oxen taken from Cuthbert of Murray of Cockpool from the lands of Cruffell were taken properly by the king's letters, and [they] continue the summons in the meantime in the same form and effect as it is now, without prejudice of party, and ordain the said Thomas to have letters to call the sheriffs who took the said goods on the said day and to bring the aforesaid letters.
[1490/2/78]*[print] [email] [cite] [preceding] [following]
In the presence of the lords auditors Laurence [Oliphant], lord Oliphant compeared and protested that, despite [the fact that] the said lords had given a decreet against him in Master Walter Drummond's suit touching the lands of Gallowmyre, two witnesses already having testified for it, it should not prejudice him in the future regarding the production of more proof in the said matter.
[1490/2/79]*[print] [email] [cite] [preceding] [following]
The aforesaid lords auditors sat in the afternoon
In the action and cause pursued by Marion Glen, the spouse of the late Robert Shaw, against Robert of Danielston for the wrongful harassment and disturbing of the said Marion in the lands of Balgarane and [the] taking and withholding from her of two horses from the said lands, both the said parties being present in person, their reasons and allegations heard and understood, the lords auditors decree and deliver that for all that they have so far seen or that is produced or shown before them, that the said Robert has done no wrong in intromitting with the said lands and taking and withholding the said two horses from the said lands.
[1490/2/80]*[print] [email] [cite] [preceding] [following]
In the presence of the lords auditors William [Elphinstone], bishop of Aberdeen compeared and protested that despite [the fact that] he admitted delaying the summons between him and Sir David Lindsay of Beaufort, knight, that it should not prejudice him regarding the 14 nolt which the said Sir David admitted he had taken in the presence of the lords.
[1490/2/81]*[print] [email] [cite] [preceding] [following]
In the presence of the lords auditors Sir David Lindsay of Beaufort, knight, compeared and protested that despite [the fact that] he had confessed [to] 14 nolt taken from William [Elphinstone], bishop of Aberdeen's tenants of the Birse, that it should not prejudice him regarding his lawful exceptions to be proposed against the summons raised between the said parties and the witnesses to be produced for that and all other points concerning the said summons.
[1490/2/82]*[print] [email] [cite] [preceding] [following]
In the presence of the lords auditors Master Walter Drummond compeared and protested that since the said lords auditors had given their sentence in the matter between him and Laurence [Oliphant], lord Oliphant touching the lands of Gallowmyre, that whatever was done afterwards in the said matter in his absence should not prejudice him regarding the said decreet.
[1490/2/83]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that John Kessanson of Ennynbog, John of Galbraith of Ballynknell, Finlay MacGilhois, Thomas Gillieson, Thomas Adam, Patrick Buchanan, son and heir apparent of Walter of Buchanan of that Ilk, Patrick Buchanan, brother of the said Walter, Patrick Nory, Robert Galbraith, Thomas Croll, William Dusk, William Ewenson, Duncan MacGowan, John Scott in Buchlyvie, Thomas Murchison, Malcolm MacGilhois in the Gerysy, John MacCaws and Angus Campbell, younger, shall restore, content and return to John [Drummond], lord Drummond for 960 threaves of oats, 490 bolls of oats, priced 5s per boll, 960 threaves of fodder, priced 3d per threave, 50 dawarks† of hay, priced 20 merks, and 10 merks for [the] destruction of his house, and £20 for damage, injuries and expenses sustained by the said John, lord Drummond in the cutting of the said corn, the lack of the said goods and laying waste of his lands of Drummond, which aforenoted goods were spulzied and destroyed by [the] said persons and their accomplices in the said lands of Drummond, as was sufficiently proven before the lords, and ordain that our sovereign lord's letters be directed to distrenzie the said persons of their lands and goods for that and the said persons were summoned to this action, often called but did not compear.
[1490/2/84]*[print] [email] [cite] [preceding] [following]
In the presence of the lords John of Crawford, as procurator for Roger Crawford, protested that despite [the fact that] he answered an obligation produced by Sir William Colville, knight, made by the said Roger to the late Sir Robert Colville, that nevertheless he might make exception to the same again and disprove its seal through the witnesses contained in it.
[1490/2/85]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Alan [Cathcart], lord Cathcart shall infeft Helena Cathcart, his daughter, the spouse of David Stewart, and her heirs born or to be born between her and the said David Stewart, in the lands of Luchalde, with its pertinents, lying in the parish of Dummanyng, within the sheriffdom of Linlithgow, and in the lands of Pennyfadzeoch, with the mill of the same, with their pertinents, lying in the parish of Cumnock within the sheriffdom of Ayr, according to the form of his obligation under his seal, shown and produced before the lords and as was admitted by the said Alan in the presence of the lords, and ordain our sovereign lord's letter be directed for this.
[1490/2/86]*[print] [email] [cite] [preceding] [following]
In the presence of the lords Robert Colville, advocate for Sir William Colville, knight, requested a note that John of Crawford, as procurator for Roger Crawford, his father, produced a general acquittance for the discharge of an obligation made by the said Roger to the late Robert Colville etc.
[1490/2/87]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by William Colville of Ochiltree, knight, the son and heir of the late Robert Colville of Ochiltree, knight, against Roger Crawford of Drongan, for the wrongful withholding from the said William, as aforesaid heir, of the sum of £200 usual money of Scotland, because the said Roger did not give the said late Robert certain assignation and confirmation from dame Christian Crichton for the lands of Auchinleck, the langlands and merkland of the Kirkton, according to the form of the letters obligatory made by the said Roger to the said late Robert, and for the wrongful occupation of the lands of [the] west side of Tarelgin for the past 14 years, and for the wrongful collection and withholding of the fermes and profits of the said lands by the said time, totalling a chalder of meal annually, as is alleged, and for the costs and injuries sustained by the said William through that, the said William Colville being present in person and the said Roger [present] through his procurator, their reasons and allegations seen, heard and understood, the said William Colville produced and showed an obligation of the said Roger's under his seal, as was alleged, for giving the said assignation and confirmation dated 8 March 1474 [1475] in the presence of these witnesses Esplane of Crawford of the Kerse, Thomas Cunningham in Cloncaird, George Campbell in Barquharrie and Sir James Wood, chaplain, and the said Roger's procurator impugned the said obligation and took [it] upon him to prove that it was not the said Roger's seal nor given by him, and the said procurator produced a discharge in general under the said Robert's seal of all claims between the said late Robert and the said Roger dated 8 March 1475 [1476] before these witnesses Esplane of Crawford of the Kerse, Thomas of Cunningham of Cloncaird and Lambait Wallace, which letter the said William Colville impugned and took upon himself to prove that the date of the said discharge was changed and that [it] was given in 1474 [1475], the lords auditors therefore appoint 15 June next, with continuation of days, to both the said parties to prove lawfully their aforesaid allegations, and ordain them to have letters to summon their witnesses contained in the said letters, and both parties are summoned themselves and their procurators according to the act.
[1490/2/88]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Margaret Dewar and Archibald Home, her spouse, shall content and pay Robert Hamilton of Preston, heir and executor of the late Robert Hamilton of Fingalton, knight, the sum of 100 merks usual money of Scotland, for which the said Margaret was bound by an indenture under her signet and signed with her hand, shown and produced before the lords, and ordain that letters be written to distrenzie the said Margaret and Archibald of their lands and goods for that, and they were summoned to this action, often called but did not compear.