[1475/20]¹

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

5 December before noon

In the action and cause pursued by Hutcheon of Houston and Catherine Inglis, his spouse, against William Fleming of Barochan concerning the wrongful occupation of the third of the lands of the old yard totalling 40s, and 2 merks of the fruits of the new [...]² of 7 years, and for the withholding of wood from the necessary building of their said [...] and also regarding 40 merks withheld by the said William of the forest of Barochan, because the said William alleged that there was an arrangement and contract made between him and the said Hutcheon, that is to say that he should give the freedom and licence to the said Hutcheon to chose his wife's terce anywhere it pleased him within the [...] Barochan, and he is to get the wood free and the profits thereof, except wood [...] necessary for the building of the said Catherine's terce growing within the lands chosen by the said Hutcheon for the said terce. The lords auditors appoint 10 January next, with continuation of days, for the said William to prove at Edinburgh or wherever etc., that the same arrangement and contract [was in place], and that letters be directed to summon the witnesses be produced [...] the said William for the said day, and both the said parties are summoned according to the act, that is to say the said William and Hutcheon in person and the said Catherine through her procurator, and failing the said proof, the said Catherine is to have her whole terce of lands and profits as is fitting, and that the said Hutcheon shall pay 20s for the costs of six witnesses produced by him, and that letters be written to the sheriff to distrenzie him [...]³ until the poor men are paid for it, together with the expenses and costs of [...] and letters to be given thereupon.

[1475/21]⁴

Robert [Lyle], lord Lyle, as procurator for Catherine Inglis, the spouse of Hutcheon of Houston, protested before the lords auditors that the contract and arrangement made by the said Hutcheon with William Fleming of Barochan without her consent regarding her terce of the lands of Barochan, that the said arrangement should not be to her injury or prejudice concerning her said terce.

[1475/22]⁵

William of Duddingston has protested before the lords auditors that because John of Birkinmyre caused him to be summoned, but would not pursue him, that the said John shall not be heard in judgement until he is contented for his costs and expenses and until he is newly summoned.

[1475/23]⁶

In the action and cause moved by John [Carlyle], lord Carlyle, on the one part, against John of Johnstone of that Ilk, on the other part, touching the wrongful occupation and manuring of the lands of Ovirdryse for the space of 9 years claimed by the said lord to pertain to him, totalling 12 merks annually, the said Lord Carlyle being present in person and the said John of Johnstone through his procurator, the rights, reasons and allegations of both the parties being seen, heard at length and understood, the lords auditors, fully advised, decree and deliver that the said John of Johnstone shall withdraw from and clear the said lands of Ovirdrise for the said Lord Carlyle, to be used and enjoyed by him in the future and that he shall satisfy and pay the said Lord Carlyle for the wrongful occupation and manuring of the said lands with his his goods in the past since the death of William of Johnstone, his brother, and for the injuries and damage sustained by him through it, the sum of 40 merks, and that letters be written for the clearing of the said lands and to compel and distrenzie the said John of Johnstone and his lands and goods for the payment of the said sum of 40 merks.

[1475/24]⁷

In the action and cause pursued by Jane [Lindsay], countess of Douglas, Muriel Fermory, Janet Sim, Alexander Richardson and Thomas Richardson, her tenants, on the one part, and John Dempster of Auchterless, David Dempster, his brother, David Torphilp, Andrew Falconer, Thomas Robertson and Andrew Moncur, on the other part, concerning the wrongful occupation and manuring of the lands of Pettintoscale pertaining to the said Jane and ⁸concerning the sowing in their place with wheat, barley and oats, and regarding the wrongful spoliation and taking away from the said Jane of 12 bolls of malt and the destruction and laying to waste of certain other victuals and goods, to the value of 10 crowns, and regarding a horse and two oxen taken by the said John from the said Janet Sim, and also 73 threaves of oats and 24 threaves of wheat taken by him in similar manner from her, both the said parties being present themselves and their procurators, and their rights, reasons, allegations, documents and writs seen, heard and understood at length, the lords auditors, fully advised, decree, deliver and ordain that the said John Dempster shall satisfy and pay the said Jane the mails of the said lands of Pettitoscale for all past terms since his entry to the same, together with the said 12 bolls of malt, and they appoint 10 January next at Edinburgh, or where etc., for John to prove how much he has paid to the said Jane for the said mails, and the proof of the malt is to be made by her before the official of Brechin by the said day according to the form of the ordinance and decreet of my lord of Crawford, and failing the said proof, that he shall pay the said mails for the said lands and if she proves the said malt it is to be paid to her in similar manner, and that letters be written thereupon in due form as is fitting.

[1475/25]⁹

In the action and cause pursued by Robert of Crichton of Kinnoull against Robert Duguid of Balcairn, touching the breaking and not fulfilling of certain conditions and arrangements made by him with the said Robert of Crichton concerning the tack of Linlithgow church, in so far as the said Robert could not obtain the fruits of the town of Meikle Parkle pertaining to the said church five years previously, the said Robert being lawfully and peremptorily summoned and often called but not compearing either by himself or though his procurators, and the said Robert of Crichton showing and producing the letter of tack from the said Robert, the lords auditors, fully advised, decree, deliver and ordain that the said Robert Duguid shall satisfy and pay the said Robert of Crichton the fruits of the said five years of the said town so far as he can prove [what he is owed] before¹⁰ the lords of council, and they appoint 10 January next with continuation of days at Edinburgh or where it shall happen that our sovereign lord and his council will be at the time, for him to produce the said proof, and to warn the said Robert Duguid to hear them sworn, and after it is proved, that letters be written to distrenzie the said Robert Duguid, his lands and goods for that.