[1473/7/38]¹

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

Last [day of] July

In the action and cause pursued by John of Hill and Robin Johnson, on the one part, against John Herriot, younger, on the other part, concerning the wrongful occupation of the churchlands of Kirkliston and in particular of six acres of the same that were pending in spiritual law, and for the costs and damages sustained by the said John and Robin in holding them out of the said lands, both the said parties being present in person and their evidence, rights, reasons and allegations seen, heard and understood at length, the lords auditors decree and deliver that the said John of Hill and Robin Johnson shall use and enjoy the said churchland, both six acres and the rest, and that the said John Herriot shall withdraw from and clear the same and have no interference therewith in the future, and that he shall pay the said John and Robin 40s for their costs and damages, and the king's letters are to be directed for this.

[1473/7/39]²

The cause between Cochrane and Lord William Knollis is continued until 14 October, with continuation of days.

[1473/7/40]³

In the action and cause pursued by William Ramsay, on the one part, against John of Wemyss, Dean John Fowlis and Dean Alexander Fowlis and Richard Lamb, on the other part, concerning the tack of the lands and mill of the new mill and the wrongful vexing, harassment and disturbance of the said William in the said tack and for the costs, damages and expenses that he has sustained through this to the value of £10 as was alleged, both the said parties being present and their evidence, rights, reasons and allegations and in particular two letters of tack, one from the late David [Ramsay], prior of St Andrews, and the other from William [Cameron], now prior of St Andrews, seen, heard and understood at length, the lords auditors decree and deliver that the said John of Wemyss, Dean John, Dean Alexander or Richard Lamb, do not wrongfully occupy, harass or disturb the said William regarding the said tack, and that the said Richard shall use and enjoy the tack of the said lands and mill according to the form and tenor and for the terms contained in the letter of tack made to him thereupon by William, now prior of St Andrews.

[1473/7/41]⁴

In the action and cause pursued by Patrick of Stirling, on the one part, against Sir William of Cawdor, on the other part, concerning the spoliation, wrongful taking and withholding of the mails and profits of the two parts of the lands of Easter Cawdor of six years past, totalling 12 merks annually, both the said parties being present themselves and through their procurators, and reason and allegations, proof and witnesses seen, heard and understood at length, the lords auditors decree and deliver that the said Sir William of Stirling is released from the claim and challenge of the said Patrick regarding the said mails, and that the said Patrick shall satisfy and pay the lord of Bardowie 12s for his costs and to the remaining 10 persons who were summoned as witnesses 15s for their costs to be evenly divided amongst them, and letters are to be written to distrenzie him of his lands and goods for that.

[1473/7/42]⁵

The action and cause of summons between Oliver of Lauder and David Pringle concerning the thirling of the lands of Pilmuir to the mill of Lauder is continued by the lords auditors until 5 October with continuation of days and both parties are summoned according to the act, and because the investigation that was ordained to be taken has been stopped and ended by the king's letters and the lords know not why, the lords refer the matter to the king and think that the said investigation should yet be taken before the said day.

[1473/7/43]⁶

Concerning the action pursued by [Walter Dewar], abbot of Dryburgh against [James Hamilton], lord Hamilton for the wrongful occupation of the lands of Ingilberisgrange and the withholding of the mails of the same pertaining to the said abbot and his convent as was alleged, the lords decree and deliver that Lord Hamilton does no wrong by occupying those lands nor in the taking and holding of the mails and profits thereof.

[1473/7/44]⁷

The action and cause pursued by John of Carmichael of that Ilk, on the one part, against James Sandilands, William Baillie and Thomas Sandilands, on the other part, concerning the grazing and destruction of certain corn and the casting down of dykes sown and built upon land pertaining to the said James in common as was alleged, is continued by the lords auditors until next 14 October, with continuation of days, before the lords of our sovereign lord's council without prejudice of party. And the lords ordain that letters be written to the sheriff of Lanark and his deputies ⁸charging [them] to make an investigation into the best and worthiest of those who best know unsuspecting of whether the said land where the said corn was sown and the dykes built⁹ has been used and enjoyed by the said John of Carmichael and his forebears in the past either ploughing or sowing or in pasture as property and severally for him, and if he poinded the said James' goods therein or if the same lands were common pasture, both to the said John and James, and both their goods commonly pastured therein, warning both the parties to be present for the making of the said investigation on a specific day and as shall be found by the same to retour again to our sovereign lord and his council the said 14 October close under his seal.

[1473/7/45]¹⁰

[Deleted text:] William Bonar and certain citizens of St Andrews compeared before the lords auditors and protested that because Arthur of Forbes and Gilbert Kennedy caused them to be summoned to their suit but did not compear themselves or through their procurators to pursue them, that therefore they should not be heard in judgement until their costs and expenses be paid and until new summons [are made].