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

19 June, the lords auditors sat, except [William Elphinstone], bishop of Aberdeen, [James Abercrombie], abbot of Scone, [John Lyon], lord Glamis, Master Richard Lawson and Richard Mercer

The lords auditors decree and deliver that Quentin Muir of the Aird does no wrong in postponing and deferring to resign and give up the lands of Dalharco, with the pertinents, to Hugh Campbell of Loudoun because he was not lawfully warned for that according to the form of the reversion made for that.

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The lords auditors decree and deliver that John of Hamilton and Robert Campbell shall restore and return to Master David Cunningham, provost of Hamilton, and William Cunningham of Craigends, executors of the late Alexander [Cunningham], lord of Kilmaurs, 140 clipped ewes, 100 unshorn gimmers and dinmonts each priced at an average 3s, 17 nolt, oxen and cows each priced 20s, which goods were spulzied and taken by the said persons after the battle of Stirling from the barony of Glencairn, as was sufficiently proven before the lords, and ordain that letters be written to distrenzie the said persons of their lands and goods for that, and they were present at this action, reserving to them their action against any other persons that.

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The lords auditors sat in the afternoon, except [William Elphinstone], bishop of Aberdeen, [James Abercrombie], abbot of Scone, [John Lyon], lord Glamis, Master Richard Lawson and Robert Mercer

The lords auditors decree and deliver that John Campbell of Ardkinglas shall content and pay George Stewart, son of Walter Stewart of Morphie, the sum of 100 merks usual money of Scotland owed to him by the said John Campbell according to the form of the letters obligatories made to him for that under a procured seal shown and produced before the lords, and ordain that letters be written to distrenzie the said John of his lands and goods for that, reserving to him his action against any persons regarding the contracts and promises allegedly made to him for the making of the obligation.

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In the presence of the lords auditors William Cumming of Inverallochy compeared as spokesman for William [Hay], earl of Erroll, William Hay of Ardendracht and Gilbert Hay, his son.

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Alexander Cunningham of Polmaise, knight, and James Livingston of Mannerston compeared before the lords auditors and protested that because Sir Thomas Todd caused them to be summoned to his suit and would not compear to pursue him,that therefore [...], and similarly James Livingston of Mannerston protested in the same cause.

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William [Hay], earl of Erroll compeared before the lords auditors and protested that because George [Gordon], earl of Huntly caused him to be summoned him for the sum of 2,000 merks as is contained in the summons but would not compear to pursue him, that therefore etc.

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The lords auditors decree and deliver that John Erskine, younger, fiar of Dun, does no wrong in occupying the cruives of Montrose and fishing of the same in the water of North Esk, because the procurator of the said John Erskine produced an instrument under the signature of Patrick Buttergask, public notary, that the said John had the said cruives and fishing in tack from the provost, bailies and community of Montrose, and as was agreed by procurators of the said town of Montrose, without prejudice of the act of parliament regarding the destruction of the cruives, and also because the procurator of the said John admitted that he used the said fishing by no other right except that of the said town.

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In the presence of the lords auditors Master James Henderson, spokesman for Sir Alexander MacCulloch of Myrton, knight, requested a note that John of Dunbar and William Cumming presented a procuratory for Edward Maxwell of Tinwald, and answered in the matter moved by the said Sir Alexander against the said Edward.

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