[1494/11/115]*[print] [email] [cite] [preceding] [following]
12 December, the lords auditors sat except [Robert Ker], abbot of Kelso, †[James Abercrombie, abbot of] Scone and Robert Mercer
The same day also sat† and [John Fraser], clerk register
In the presence of the lords a charter of confirmation was produced made by George of Dunbar, earl of March, lord of Annandale and of Man, to Hutcheon Adamson of all the lands of Litilborthryk, with its pertinents, lying in Duns, and another charter made by Patrick [Dunbar], earl of March, for two oxgang of land, with a toft and croft lying in Duns, which charter made mention that the said Hutcheon and his heirs should pay multure to the mill of Duns for all his corn of the said two oxengang up to 30 vessels-full, with which confirmation the said earl of March's seal was produced, as was clearly understood by the lords. The which charters and confirmation were delivered to Patrick Duns in the presence of the lords, whereupon William Simpson, advocate for the said Patrick, requested a note.
[1494/11/116]*[print] [email] [cite] [preceding] [following]
Regarding the action and cause pursued by David Lyle of Stonypath against George Trotter, Philip of Auldincraw, Patrick Duns, Thomas Edington, James Nesbitt, William Wedderlie, John of Duns, William Slicht, Peter Manderston, John of Ellem, Thomas Redpath and Richard Cock, free tenants of Duns, for the withholding of their multure and sucken from the mill of Duns pertaining to the said David in feu ferme for [a] certain annual owed to our sovereign lord, as he alleged, the said David Lyle, Patrick Duns, John of Duns, Peter Manderston and William Wedderlie being present in person, the rest of the said persons lawfully summoned, often called and not compearing, because it was alleged by the said David Lyle that the said free tenants used to come to the said mill with their corn, and when they went to other mills that they paid him dry multure, the lords auditors therefore appoint 10 March next, with continuation of days for the said David Lyle to prove sufficiently that the said free tenants are bound to the said mill of Duns and used to come to the same mill, and by what time, and that they paid dry multure when they went to other mills, and ordain him to have letters to summon his witnesses, and the parties present are summoned according to the act, and that those who were not present [are to] be warned to hear them sworn. And because the said matter concerns our sovereign lord's property, the lords therefore ordain the said free tenants be charged to bring with them on the said day such infeftments and evidence as they will use concerning their releasing and discharging from the payment of the said multure and sucken to the said mill as they claim to be free of it. And further, that letters be written in the second form to charge the mailers of the property of Duns to pay their multures to the said mill, and to the said David Lyle according to the form of the decreet and letters previously passed for that. And [the lords] also decree and deliver that the said Peter Duns shall come to the said mill of Duns with his corn that grows on two oxengang of lands of Duns, and pay its multure to the said David Lyle up to 30 vessels-full, just as the said two oxgangs were bound to the said mill, as was proven by a charter made by [Patrick Dunbar], earl of March to the late Hutcheon Adamson and his heirs, and ordain our sovereign lord's letters be directed for this.
[1494/11/117]*[print] [email] [cite] [preceding] [following]
In the presence of the lords auditors Master Alexander Inglis, archdeacon of St Andrews, advocate for Alexander Inglis of Tarvit, protested that despite [the fact that] the lords had not decided on the exception proposed by the said Alexander against Michael Balfour of Montquhanie, that he might not pursue the matter moved by him against the said Alexander concerning the taking of certain goods from Montquhanie because the said Michael was under censure and process of cursing, that therefore it should not prejudice him but it should be lawful for him to distrenzie for his annual and inheritance as far as he can by law, despite any continuation or acts passed before; which protestation the lords admitted insofar as is fitting by law, whereupon the said Master Alexander requested a note.
[1494/11/118]*[print] [email] [cite] [preceding] [following]
In the presence of the lords auditors Michael Balfour of Montquhanie protested that despite [the fact that] the matter pending between him and Alexander Inglis of Tarvit stood under continuation, that whatever was done in the said matter by the said Alexander Inglis should not prejudice him.†
[1494/11/119]*[print] [email] [cite] [preceding] [following]
Regarding the exception proposed by Master Thomas Borthwick and John of Borthwick of Crookston against Alexander Hoppringill, son and heir of the late Ad[am] Hoppringill of that Ilk, that the summons raised by the said Alexander on the said John and Master Thomas concerning the destruction and tearing down of the tower house and place of Burnhouse, and for certain other causes contained in the summons, was uncertain because it made no mention of by what right the said house, lands and goods contained in the summons pertained to him, and [it was] alleged by the advocates of the said Alexander that the said summons was certain in itself because it kept all the points required for a summons by the king's laws, and also that they ought to answer the points of the summons claimed by him as heir of his father, the parties being removed, the lords, being fully advised on the said exception, found and delivered by their sentence interlocutory that the said exception was of value and deferred to the same.
[1494/11/120]*[print] [email] [cite] [preceding] [following]
Regarding the exception proposed by Master Thomas Borthwick and John of Borthwick of Crookston against the summons raised on them by Alexander Hoppringill, the son and heir of the late Adam Hoppringill of that Ilk, that he might not pursue the said summons because the said Alexander was a minor and might not pursue the said matter without a curator, and that the summons should have been raised at his suit and his curators that were given him to litigate, the parties being removed, the lords delivered and declared that the said Master Thomas and John should answer to the said summons despite the said exception. And also Alexander [Home], lord Home became surety and found caution that the said Alexander should never contradict the said summons for that cause of his minority, under the pain of the sums contained in the summons and 200 merks for the costs of the party.
[1494/11/121]*[print] [email] [cite] [preceding] [following]
The lords auditors sat in the afternoon except [Robert Ker], abbot of Kelso, [James Abercrombie, abbot of] Scone and Robert Mercer
Master Ninian Crichton, parson of Sanquhar, compeared before the lords auditors and protested that because George Herries of Terraughtie caused him to be summoned to his suit for certain actions contained in the summons, and would not compear to pursue him, that therefore etc.
[1494/11/122]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that James of Dunbar of Cumnock, knight, shall content and pay John of Kirkwood the sum of 60 merks usual money of Scotland owed to him by the said James for certain past terms for a yearly pension owed him for his thanks done and to be done, according to the form and tenor of the said James' letters obligatories made to the said John for that, shown and produced before the lords, and ordain that letters be written to distrenzie the said Sir James of his lands and goods for that, and the said James was present through his procurators at this action.
[1494/11/123]*[print] [email] [cite] [preceding] [following]
In the presence of the lords Master James Henderson, advocate†
[1494/11/124]*[print] [email] [cite] [preceding] [following]
The action and cause pursued by Margaret Barclay, the spouse of late William Ramsay of Corston, against John Ramsay of Kilgour for the forced ejection of the said Margaret from half of the lands of Corston and breaking her locks and doors, and [the] spoliation of 24 bolls of wheat, 9 chalders of oats, 5 oxen, 20 sheep, 2 horses and the profits of it, and household furnishings to the value of 20 merks, as is contained in the summons, is continued by the lords auditors until 9 March next, with continuation of days, in the same form and effect as it is now without prejudice of party, and the parties are summoned according to the act, and ordain the witnesses' [depositions] now taken to be closed and more witnesses summoned.
[1494/11/125]*[print] [email] [cite] [preceding] [following]
The action and cause pursued by the provost, bailies and community of Stirling against Andrew Baxter, Richard Darach, Robert Yare and Clement Fisher, for the wrongful occupation and intromitting with their fishing of the water of Forth, as is contained in the summons, is continued by the lords auditors, with the consent of the parties, until 9 March next, with continuation of days, in the same form and effect as it is now without prejudice of party, and the parties are summoned by their procurators according to the act.
[1494/11/126]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that William Michelson, John Bennett, Adam Wise, John Cowie, John Higgins, William Wilson, William Young, Robert Davidson, John Wilson, Hugh Adamson, Alexander Morton, William Steven, John Ranaldson, James Brechin, Thomas Michelson, John Wilson, John Tinkler and one called Primrose shall desist and cease from occupying and intromitting with the fishing of the water of Forth, pertaining to the town and burgh of Stirling, to be used and enjoyed by the provost, bailies and community of the said burgh of Stirling according to the form and tenor of the charter and infeftment formerly made to them for that by our sovereign lord's predecessor under his great seal, shown and produced before the lords. And [the lords] also decree and deliver that the said persons shall content and pay the said provost, bailies and community of Stirling the fish and profits of the said fishing, insofar as they can sufficiently prove that the said persons have collected and intromitted with them for the 9 years claimed from them in the summons, for the production of which proof the lords appoint 9 March next, with continuation of days, for the said provost, bailies and community, and ordain them to have letters to summon their witnesses, and to warn the party to hear them sworn.