[1474/5/24]¹

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

In the action and cause pursued by Henry Wemyss touching the lands of Michelston, Blair and west port of Dysart against David Hepburn of Waughton, the lords auditors remit the action to the judges ordinary.

[1474/5/25]²

In the action and cause pursued by John Stewart of Buchan against George of Montgomery and John Barclay of Kilbirnie touching the improper process which they led as sheriffs in that part directed by the king's letters in the action pending between the said John Stewart and Alexander Cunningham regarding the mails of Milgerholm, the lords auditors deliver and decree that the said sheriffs have not erred or exceeded in the execution of their office.

[1474/5/26]³

In the action and cause pursued by Andrew Strathenry, on the one part, against George [Leslie], earl of Rothes, Henry Strathenry, John Brown and William Ratur, on the other part, for the wrongful occupation of the lands of the western part of Strathenry claimed by the said Andrew to pertain to him through a tack from William of Strathenry of that Ilk, as was alleged, the said persons being lawfully and peremptorily summoned and often called but not compearing, the said Andrew's evidence, rights, reasons and allegations [being] seen, heard and understood, the lords auditors decree and deliver that the said George, earl of Rothes, Henry Strathenry, John Brown and William Ratur shall immediately withdraw from and clear the said lands for the said Andrew, to be used and enjoyed by him according to the form of the indenture and tack made thereupon between him and William of Strathenry of that Ilk, and ordain our sovereign lord's letters to be directed for the execution hereof.

[1474/5/27]⁴

Robert Inglis of Lochend compeared before the lords on the ⁵[one part] and protested that because John of Scougal of that Ilk had caused him to be summoned but did not compear to pursue him, that therefore the said John should not be heard against him in judgement until he is paid for his costs and expenses and until he is newly summoned.

[1474/5/28]⁶

⁷Regarding the action and cause pursued by Alexander Irvine of Strathdee, on the one part, against Ellen of Tulloch and Alexander Irvine of Beltie, on the other part, touching certain goods taken by the said Ellen for the mails of the third of the lands of Rede Myr [?Red Muir] claimed by the said Ellen, both the said parites being summoned to compear with their evidence and rights that they would use in the said matter, and the said Alexander compearing in person and the said Ellen compearing through her procurators and the said Alexander Irvine of Belties being absent, their evidence, rights, reasons and allegations being seen, heard and understood at length, the lords auditors of complaints decree and deliver that the goods and silver taken by the said Ellen or Alexander for the terce and third of the said lands of Redemir shall be restored and returned to the said Alexander in so far as he can prove that it was taken by them before the sheriff, and that she shall have no part in or administering of the terce of the said lands in the future.

[1474/5/29]⁸

In the action and cause pursued by Gilbert MacGee, on the one part, against John Akerson, on the other part, concerning the destruction and putting away of certain charters, letters and evidence of the said Gilbert's for the lands of Creich Haugh and Leakin Tower, both the said parties being present in person and evidence, ⁹reasons and allegations, proof and witnesses seen, heard and understood, the lords auditors, having considered the proof and depositions produced before them, decree and deliver that the said John is free of the challenge by the said Gilbert in the said action and cause.

[1474/5/30]¹⁰

The lord auditors deliver and ordain that the sheriff make William Auchinleck and his sons satisfy and pay John MacLachlan, and John MacLachlan similarly pay them in all things according to the form of the acts and letters of our sovereign lord previously given between them.

[1474/5/31]¹¹

In the action and cause pursued by John Lyle of Ardaddan and his procurators against Thomas Hall, concerning the receipt of a sum of money for the redemption and release from debt of the lands of Lechland and the production and revealing of certain charters and confirmations of the pledging of the said lands had by the said Thomas as was alleged, the said Thomas being often called but not compearing, the lords auditors decree and deliver that the said Thomas shall compear before the sheriff of Renfrew, his judge ordinary, on 15 days' warning at a court to be set for him and there on that day the said sheriff shall peremptorily administer justice between the said parties as is fitting, and letters are to be directed thereupon, and to summon ¹²Richard Hall to compear before the said sheriff the said day to testify just as he had been previously summoned under pain of rebellion and being put to the horn and after he has testified, for his contempt against our sovereign lord's command, that the sheriff charge the said Richard to make himself a ward of Blackness castle, there to remain until he is freed by the king under the said pain of rebellion and being put to the horn.