[1492/2/53]*[print] [email] [cite] [preceding] [following]
15 February, the lords auditors sat
William Herring, son of the late Walter Herring of Fornought, compeared before the lords auditors and protested that because Robert Herring caused etc. for certain causes, as is contained in the summons, and would not compear to pursue him, therefore etc.
[1492/2/54]*[print] [email] [cite] [preceding] [following]
Robert Carlyle compeared before the lords auditors and protested that because he had several times previously and at this time offered himself to prove sufficiently that he offered to return to Cuthbert Murray of Cockpool the third part of all his goods, movable and unmoveable, according to the tenor of a decreet arbitral given for that, and that the said Cuthbert refused to receive them, and then [he] offered to produce his witnesses, and that my lords auditors said that they would not take the said matter to themselves as yet because they had commands to the contrary, that therefore it should not prejudice him regarding the said proof until he was newly summoned and he was paid for his costs and expenses and the costs of his witnesses.
[1492/2/55]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that William Colville shall content and pay David Stewart and Eleanor Cathcart, his spouse, the sum of 20s yearly for the last 9 years for the mails of a place of the lands of Pennyfadzeoch, pertaining to them through the gift and assignation from Alan [Cathcart], lord Cathcart, as was proved by the said Alan's letters under his seal and signature, shown and produced before the lords, and collected and withheld for the said 9 years, as was sufficiently proven before the lords. And also that he shall pay them the grassums and other duties for the said lands for the said 9 years, insofar as they can sufficiently prove, for the production of which proof the lords auditors appoint 18 June next, with continuation of days, for the said David and Marion, and ordain them to have letters to summon their witnesses and the party to hear them sworn, and that letters be directed to distrenzie the said William for the said 20s yearly for the said 9 years, and he was summoned to this action, often called and did not compear.
[1492/2/56]*[print] [email] [cite] [preceding] [following]
The lords auditors decree that Thomas Abernethy shall content and pay James Sinclair and Christian Cockburn, his spouse, the sum of £10 usual money of Scotland for the relief of the said Christian at the hands of George Abernethy of a part of the dowry owed to Gilbert Fordyce for the marriage contract between the said Gilbert Fordyce and Margaret Abernethy, the daughter of the said Christian, according to the form of the decreet arbitral and sentence given for that, shown and produced before the lords, and ordain our sovereign lord's letters be directed to distrenzie the said Thomas for this, and he was summoned to this action, often called and did not compear.
[1492/2/57]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that for all that they have so far seen Margaret Crichton and Laurence Wallace, her spouse, shall desist and cease from occupying and manuring the lands of Mainholm, to be laboured and manured by David Shaw according to the form of the letter of tack made to him for that by George [Shaw], abbot of Paisley, shown and produced before the lords, and ordain our sovereign lord's letters be directed for this, and the said Margaret and Laurence were summoned to this action, often called and did not compear.
[1492/2/58]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Robert Barclay, as heir of the late Robert Barclay of Strowan, and Isobel Dundas, his tutorix, shall content and pay David Rollock the sum of £40 usual money of Scotland owed by the said Robert Barclay, as the aforesaid heir, for the marriage contract between the said David and Marjory Barclay, daughter of the said late Robert, for the rest of a greater sum, as was proven by the said late Robert's obligation under the procured seal of Thomas Lynn of Petmady, shown and produced before the lords, and ordain our sovereign lord's letters be directed to distrenzie the said Robert and Isobel of their lands and goods for that, and they were summoned to this action, often called but did not compear.
[1492/2/59]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Christian Lindsay, lady of Kilmaurs and of Winchburgh, has done wrong in deferring the entry of Thomas Heriot to the tack of four oxengang of lands of Winchburgh at the term of last Whitsunday [22 May] past, and therefore [the lords] ordain her to enter the said Thomas to the tack and lease of the said four oxengang of lands at the term of next Whitsunday [10 June], to be laboured and manured by the said Thomas for the terms of the next six years and immediately following the said term, according to the form of the letters of tack made to the said Thomas for that by the said Christian, with the consent of her spouse, shown and produced before the lords, and ordain our sovereign lord's letters be directed for this, and the said Christian was summoned to this action, often called and did not compear.
[1492/2/60]*[print] [email] [cite] [preceding] [following]
The lords auditors sat in the afternoon
In the action and cause pursued by Catherine Scott, the spouse of the late Alexander Home, against Nicol Elphinstone for the wrongful occupation, labouring and manuring of land and a tenement, with its pertinents, lying in the Canongate beside Edinburgh, lying on the south part of the king's street of the same road, between Henry Sinclair's land on the east part and the king's street on the north part, pertaining to the said Catherine through joint infeftment, as was alleged, and for the wrongful withholding from her of the mails and profits of the said lands for the period of the past half year and more, totalling the sum of 25s, and also in the action pursued by the said Nicol against Alexander Home, the son and heir of the said late Alexander, to warrant, keep and defend for him a forland† of the said tenement, and to keep him uninjured for the payment of the said sum of 25s, and also regarding the proof appointed for the said Alexander to prove that he was in the fee of the said lands before the alienation made to the said Nicol for the said forland, the said Catherine and Nicol being present in person, the said Alexander Home being summoned to produce his said proof according to the previous act, often called and not compearing, their rights, reasons and allegations produced by the said Catherine and Nicol seen, heard and understood at length, the lords auditors, thereby fully advised, decree and deliver that the said Nicol does wrong in the occupation and manuring of the said land and tenement, and therefore [the lords] ordain him to desist and cease from that in the future to be used and manured by the said Catherine according to the form of the letters of joint infeftment made to her for that, dated before the said Nicol's charter shown and produced before the lords, and that he shall content and pay her the said mails and profits of the aforesaid lands insofar as she can sufficiently prove that the said Nicol has collected and intromitted with for the said half year, for the production of which proof the lords appoint 18 June next, with continuation of days, for her and ordain her to have letters to summon her witnesses, and the parties are summoned according to the act. And further, the lords decree and deliver that the said Alexander Home, the son and heir of the said late Alexander Home, shall warrant, keep and defend for the said Nicol the said forland and for the payment of the mails and duties of the same according to the form of the said late Alexander's charter and sasine given for that, similarly shown and produced before the lords because he failed in the production of his proof at the term appointed for him for that, and ordain that letters be written to present this decreet to execution.
[1492/2/61]*[print] [email] [cite] [preceding] [following]
Gilbert Cunningburgh compeared before the lords auditors and protested that because Alexander Reid caused him to be summoned to his suit for certain actions, as is contained in the summons, and would not compear to pursue him, that therefore etc.