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

14 May

Concerning the complaint made [by] Andrew Bissett about [Robert Lyle], lord Lyle, justice, regarding a brieve of mortancestry [which is] pending in the justice ayre of Cupar between the said Andrew and the laird of Ardross, because Lord Lyle, justice, is now absent and not warned to be here, and also the lords cannot now be advised by the laws that they find written to declare what order and process shall be used in processing the said brieve to assises in consideration of the exception proposed previously, the falsing of the doom and discussion thereof in the parliament, for which they ordain both the said parties to compear at the continuation of the next parliament on 3 August, with continuation of days, with their allegations and rights that they will use for their pursuit and defence in the said matter; and also that Lord Lyle be warned to be present the same day to show his part as he was justice, so that the parliament may give its decree and deliverance at that time on how the said matter and all other such similar matters shall proceed and be determined in times to come.

The lords decree and deliver that James of Rutherford of that Ilk shall restore and return the complete stand of harness to Adam of Pringle, which he borrowed and received from the said Adam as was proved before the lords, and [return it] in as good [a condition] as he received it, or else that he shall satisfy and pay the said Adam £20 for the said harness and that letters be written to distrenzie him of his lands and goods for that.

14 May

The action and cause between George [Haliburton], lord Haliburton [of Dirleton], on the one part, and Thomas of Shoreswood of Bedshiel, on the other part, concerning the lands of Bedshiel, is continued by the lords auditors of complaints until the continuation of parliament on 3 of next August, with continuation of days, without prejudice of party, and the lords ordain that [Alexander Stewart], duke of Albany, [James Stewart], earl of Buchan, and the said Thomas of Shoreswood be warned again for the said day for their interests since they were neither present nor knew of the last continuation.

The lords appoint 3 August next, with continuation of days, for the laird of Dundas, the laird of Barnbougle and the laird of Craigie to prove that Robert [Boyd], formerly lord Boyd, had sufficient tack from [John Woodman], abbot of Jedburgh, of the teind sheaf of the church and parsonage of Dunmanyn and the terms, and that the said Robert set them the said teinds as executors to him and that he had the power thereto, and also to prove for what sum it was set to them. And the lords ordain the abbot to show this decreet before a notary to the laird of Barnbougle and the laird of Craigie within the next eight days and provide them with a copy thereof, since they are not now present and so that they will not allege ignorance of it.

The cause between [William Cameron/John Wallace?],6 prior, and the convent of St Andrews against Alexander Leslie concerning the lands of Seggieden is continued until 8 July next, with continuation of days, in the same form as it is now, with the consent of procurators of both parties, and the lords of council will have the power of parliament for the determination of the said cause.

In the action and cause pursued by Archibald of Carruthers of Mouswald, on the one part, against Thomas of Corry of Newbie, on the other part, concerning the tack of the customs and tolls of Annandale and the winter grazing of Woodcocker claimed by both the parties to pertain to them by reason of tack and gift from [Alexander Stewart], duke of Albany and by his letters, because it is declared by the duke of Albany by the advice and judgement of the lords of our sovereign lord's council that the letter of tack made to the said Thomas Corry by Robert [Boyd], formerly lord Boyd, on behalf of the duke of Albany is of no value, the lords auditors decree and deliver that the said Archibald of Carruthers shall use and enjoy the tack and set of the said customs, tolls and winter grazing according to the form and tenor of the letters of tack made to him by the duke of Albany and for the terms contained in the same, and that the said Thomas shall desist and cease from all occupation thereof in time to come.

  1. NAS, PA2/1, f.73v.
  2. NAS, PA2/1, f.73v.
  3. NAS, PA2/1, f.74r.
  4. NAS, PA2/1, f.74r.
  5. NAS, PA2/1, f.74r.
  6. John Wallace resigned his claim to the priorship on 17 July 1471, and it is more likely that William Cameron was in possession of the benefice at this point (HRHS, 190).
  7. NAS, PA2/1, f.74v.