[1476/7/50]¹

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

10 July before noon

In the action and cause pursued by Thomas of Abernethy against Walter of Innes, regarding the wrongful spoliation and occupation of the lands of Milton pertaining to the said Thomas through tack by a letter from our sovereign lord under his privy seal, produced and shown before the lords, and for the wrongful spoliation and withholding of certain goods contained in the summons, both the parties being present in person and their rights, reasons and allegations seen, heard and understood at length, the lords auditors of causes and complaints, fully advised, decree, deliver and ordain that the said Walter of Innes shall withdraw from and clear the said tack because he admitted in the presence of the lords that he had no claim or right to it and that letters are to be written to remove the said Walter and his goods from there. And as regards the goods contained in the said summons, the said Walter has done no wrong by taking them because he took them through a special precept and command from our sovereign lord under his signet.

[1476/7/51]²

Alexander Home, John Home, his brother, David Home of the Spott, Hutcheon of Montgomery of Thornton, and the rest of the persons contained in the summons raised on them by Sir John of Swinton of that Ilk, knight, regarding the error committed by them, as he alleges, in serving the brieve of inquest purchased by Laurence [Oliphant], lord Oliphant, for the lands of Cranshaw, have with the consent of the said Sir John constituted [as] their procurators John of Drummond of Cargill, Master Gilbert the Hay of Ury, Master John Lyon of Curtaston and James Herring jointly and individually to defend the said cause of error proposed by the said Sir John against them with full power to win and take without any revocation or contradiction to be made by them at all in the future.

[1476/7/52]³

George of Cunningham of Belton has similarly with the consent of the said Sir John constituted and ordained the aforementioned persons procurators [as] his procurators with regard to holding court at the serving of the said brieve as steward of March in that part, to defend the said cause and to object against the summons if necessary, with power to win and take.

[1476/7/53]⁴

After noon

In the action and cause pursued by Sir John of Chalmers of Gadgirth, knight, against Robert of Muir of Rowallan, regarding the wrongful occupation of the lands of Gaufurd pertaining to the said Sir John through a tack, both the said parties being present in person, and their rights, reasons and allegations being seen, heard and understood at length, because the said Sir John produced a letter of tack made to him by Gilbert Nelson of Barnsoul, tutor to Janet of Langmuir and Margaret of Langmuir, the lords auditors of causes and complaints, [being] fully advised, decree, deliver and ordain that the said Robert shall withdraw from and clear the tack of the said lands for the said Sir John to be used and enjoyed by him and his tenants throughout the terms contained in the said letter of lease, and that letters are to be written that the said Robert and all other persons and their goods are withdrawn from and cleared from the said lands in favour of the said Sir John, to be manured by him as is said.

[1476/7/54]⁵

In the action and cause moved by Master William of Tweedie, vicar of Kilmaurs, against William of Cunningham, regarding the wrongful occupation and manuring of the glebe and church land pertaining to the said vicarage, both the said parties being present in person and their rights, reasons and allegations being heard and understood at length, the lords auditors, [being] fully advised, find that the said William has wrongfully occupied the said glebe and church land in so far that he has not shown any right, lease or tack from the said Master William, as was proved before the lords through a sentence of the officials of Glasgow, and through an instrument taken from his own confession that he had no right to them since 1 May last, and he is under the process of cursing since the said day for his wrongful intromitting with the said lands, and ordain that letters be directed so that the said lands are withdrawn from and cleared in favour of the said Master William to be used and enjoyed by him, his farmers and tenants in the future.

[1476/7/55]⁶

In the action and cause pursued by John of Chambers against [Thomas Foster], prior of Pluscarden, James of Douglas and James of Dunbar of Pittendreich, that is to say the said prior for the said John of a coble and the fishing thereof on the water of Spey set to him by the said prior with the consent of his convent, as purported by their letters of lease made to him thereupon under the prior's seal and the subscription manual of the said convent shown and produced before the lords by the said John, and the said James and James regarding the wrongful occupation and manuring of the said fishing and withholding of the fruits thereof from him, the said John being present in person, the rights, reasons, allegations and writs of both the parties being seen, heard and understood at length, the lords auditors of causes and complaints, fully advised, decree, deliver and ordain that the said James of Douglas has no intromitting with the said fishing because he admitted before the lords that he had no intromitting or dealings with it, and [the lords] appoint 2 October next, with continuation of days, for the said James of Dunbar to prove before the lords of council that a fishing from a coble of Spey, belonging to the said prior, was vacant before the vacancy of the fishing of the coble that is contained in the summons produced by the said John, which should have been his through the said tack made to him by the said prior and convent dated 1446, and failing the said proof, that the said John shall enjoy and use the said fishing of the coble contained in the said summons according to the form of the letter of lease made to him thereupon, and letters to be written [if] the said proof fails hereupon as is fitting.