[1385/4/5]*[print] [email] [cite] [preceding] [following]
In the same council there was a complaint on behalf of William de Fenton that when a certain judgement was given against him in the court of the baron of Dirleton, namely on the fourth day of the process being conducted against him, by the baron himself, concerning his tenement of Fenton, in the absence of William himself, which very judgement this William falsed after an interval of time, yet within the legitimate time decreed by law, and he appealed from it to the superior court, extending a pledge in the hand of the sheriff of Edinburgh, and finding the lord [Robert Stewart], earl of Fife, and [Archibald Douglas], the lord of Galloway, [as] pledges for him of the prosecution of his appeal, and the sheriff himself (through his constable of Haddington, who accomplished the deed) restored him to his pristine possession of his said tenement by virtue of his pledge; notwithstanding this the said baron again caused an interruption and disturbance of the said restoration made to him, and then the said William presented himself in the king's council concerning this, gravely complaining and seeking protection and remedy of law from the king. Then also the king, with the advice of council, ordained that he should again be restored to his possession, and that the said barony should be seised in the king's hands. Notwithstanding all these things done in such a way, this William was again expelled from his possession and wronged by the said baron against the order of law, and thus was still remaining and remains plundered of his tenement at present. Wherefore the same William asked remedy of law to be made to him by the decreet of council. Therefore, all these things having been diligently attended to and considered, and testified by the personal report of the sheriff, it was determined by the aforesaid general council that the said William ought to be restored by the power and authority of the king, and should be restored immediately to his pristine possession of his aforesaid tenement of Fenton, and that he should have by the same power and authority full restoration of all his fermes and goods which were taken away from him by the said baron of Dirleton, from the time when the said William falsed the said judgement, in as much as the said judgement still pends undiscussed. Concerning the other articles contained in this William's complaint, however, which do not derive from the aforesaid appeal from the said judgement, the same William should have recourse to common law.