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

6 December, the lords auditors sat except [George Brown], bishop of Dunkeld, [James Abercrombie], abbot of Scone and [John Lyon], lord Glamis

The lords auditors appoint 15 days from today for David Chamber of Strathie to prove sufficiently before the sheriff of Perth the payment of the sum of 120 merks usual money of Scotland recovered from him by a previous decreet of the lords auditors of parliament by Humphrey Cunningham and Christian Chamber, his spouse, just as the said David Chamber took it upon himself in the presence of the lords, and ordain him to have letters to summon his witnesses and to charge the sheriff to take the said proof before him and do justice in this, and failing his proof at the said term, letters [are to] be written to distrenzie the said David of his lands and goods for the said sum according to the form of the decreet given for that previously, and both parties are warned for this proof according to the act.

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The lords auditors decree and deliver that John of Tarvit of that Ilk shall content and pay Elizabeth [Livingston], countess of Ross the sum of 430 merks usual money of Scotland, for the single value of his marriage, because the said John of Tarvit refused to contract and complete solemnly in the holy church marriage with Isobel Fleming, sister of [Robert Fleming], lord Fleming, he being called to that by our sovereign lord's letters, or else to have shown reasonable causes why he deferred the completion of the said marriage, and he compearing on the first day and showing no reasonable cause to defer the said marriage and thereafter summoned according to the act to hear the witnesses sworn, often called and did not compear, and the value of the said marriage sufficiently proven before the lords, which marriage pertains to the said countess by gift from our sovereign lord, as was proven by his letters made to her for that, shown and produced before the lords. And [the lords] also decree and deliver that if the said John marries without the advice of the said countess, that he shall pay the double value of his marriage to the same countess, and ordain that letters be written to distrenzie the said John of his lands and goods for the said 430 merks as for the single value.

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In the presence of the lords auditors John [Hepburn], prior of St Andrews protested that despite [the fact that] he answered for the relieving of William [Knollis], lord of St John of the sum of 400 merks at the hands of the laird of Corstorphine, that it should not prejudice him in the future as is he is a spiritual man.

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In the action and cause pursued by Archibald Forrester of Corstorphine against William [Knollis], lord of St John for the wrongful detention and withholding from him of the sum of 400 merks usual money of Scotland owed to him by his obligation, and also in the action and cause pursued by the said William, lord of St John against John [Hepburn], prior of St Andrews to warrant and keep the said William, lord of St John unharmed and uninjured for the payment of the said sum of 400 merks, all the said parties being present in person, their reasons and allegations, along with the said lord prior's protestation that his answering in the said matter before the lords should not prejudice him in the future, heard and understood, the lords auditors decree and deliver that the said William, lord of St John shall content and pay the said Archibald the aforesaid sum of 400 merks because he failed to prove the said sum [was] previously paid just as he had taken upon himself to do, and ordain that letters be written to distrenzie him of his lands and goods for that. And [the lords] also decree and deliver that the said John, prior of St Andrews shall warrant, keep and defend the said William, lord St John unharmed and uninjured for the payment of the said sum of 400 merks just as he admitted in the presence of the lords, and ordain that letters be written to his ordinary to request him to give his letters of compulsion for the said prior for the releasing and relieving of the said William from the said sum.

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In the presence of the lords auditors the most reverend father in Christ William [Scheves], archbishop of St Andrews appointed Robert Douglas of Lochleven, lord Robert Wellis, vicar of Monymusk, Master James Henderson and John Halkerston his procurators in all his actions for prosecuting whatever persons before the lords auditors according to the tenor of the summonses of our supreme lord the king raised above, and obliged himself to hold whatever they do as ratified and pleasing.

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John [Drummond], lord Drummond, advocate for John Drummond of Crannoch, Sir John of Drummond, John Ban, Donald MacRobb, Thomas MacMartin, John of Gorty, John Lamm, Gilfillan Beg, Andrew Clark and William Corry compeared before the lords auditors and protested that because John Drummond of Kinbuck caused them to be summoned to be witnesses in an action concerning him and would not compear, that therefore etc.

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The lords auditors decree and deliver that Alexander [Erskine], lord Erskine, the son and heir of the late Thomas [Erskine], lord Erskine, is free of the claim made on him by John [Hay], lord Hay of Yester regarding the warranting to him of the tack and lease of each and every one of the lands and lordship of Ellem, with its pertinents, lying in the sheriffdom of Berwick, because the years contained in the letter of tack made to the said John, lord Hay of Yester by the said late Thomas, lord Erskine are past, and therefore [the lords] determine and declare that the said Alexander, lord Erskine ought not to warrant the said tack to him for terms in the future for the aforesaid cause, and therefore [the lords] ordain the said lands to be used and manured by the said Alexander and his tenants in the future.

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[John Lyon], lord Glamis was [present] here

The lords auditors decree and deliver that Arthur Lothian, Alexander Lothian, John Allanson, Robert Allanson in the Mearns, William Hunter, Alexander Shearer, John Watson in Dunrod and Alan Crawford in Dunrod, inhabitants within the sheriffdom of Renfrew, do wrong in the detention and withholding from William Cunningham of Craigends, mair of fee and coroner of the said sheriffdom of Renfrew, of his fees for the said office of mair-of-fee-ship, that is to say yearly [from] each person who has a plough within the said shire a threave of oats and a lamb or 4d from those who have no lambs, and from each half-plough a stook and so on according to their mailings, and [the lords] therefore ordain them to content and pay the said fees to the said William of past terms and the same as the rest of the people of the said shire do according to the form and tenor of the said William's infeftments and charters made for that, shown and produced before the lords, and ordain that letters be written to distrenzie for that and to make the said William be paid for it as is said, and the said persons were summoned to this action, often called and did not compear.

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