[1476/7/80]¹

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

17 July

In the action and cause pursued by John of Balfour against Steven of Dudingston of Sandford, regarding his marriage given by our sovereign King James II to the said John with all profits, just as purported by his letters under his privy seal made and given to him thereupon [and] produced and shown before the lords, the said John being present through his procurators, and the said Steven often called but not compearing either by himself or through his procurators, the said letter being seen, heard and understood at length, the lords auditors, fully advised, decree and deliver that the said Steven shall marry at the will of the said John whichever agreeable person that he gives and offers him, and failing that he shall satisfy and pay the said John the value of his marriage according to the custom and habit of the realm, and letters are to be written to compel and distrenzie him of his lands and goods for that.

[1476/7/81]²

The action of summons pursued by John of Drummond of Cargill against Sir William of Murray of Tullibardine, knight, regarding the wrongful withholding from him of the sum of 800 merks of the usual money of Scotland claimed by the said John to be owed to him by the said Sir William through an obligation is continued by the lords auditors of causes and complaints until 2 October next, with continuation of days, before the lords of council in the same force and effect as it is now without prejudice of party, and the said Sir William is to bring with him such proof and witnesses as he will use for his defence of the said obligation. And the witnesses that were summoned to compear previously to bear witness in the said matter and have absented themselves in contempt are to be summoned again to compear the said 2 [of October], with continuation of days to bear witness in the said action under pain of rebellion. And the said Sir William is to take letters if it pleases him to summon his witnesses and proof, and the said John and Sir William are summoned according to the act.

[1476/7/82]³

In the action and cause pursued by Walter Haliburton against George [Haliburton], lord Haliburton [of Dirleton], touching the fulfilling of an act and decreet of the lords of council regarding the infeftment of the said Walter in 5 merks worth of land according to the tenor of the said decreet, and also regarding the withholding of the mails of the said 5 merks worth of land since the time that he should have made the said infeftment to him totalling the sum of £20, the said Walter being present in person and the said George being lawfully summoned and often called but not compearing either by himself or through his procurators, the said decreet and act of the said lords being produced and seen and heard and understood at length, the lords auditors of causes and complaints decree and deliver that the said George shall give the said Walter of Haliburton 5 merks worth of land and infeft him therein in such form as he infeft the said Walter in another £10 worth of lands previously, and that he shall pay the said Walter the mails of the said 5 merks worth of land for the past 3 years as contained in the said decreet within 15 days from when he is charged thereto under pain of being personally warded, and 10 merks of the said money for the past 2 years since the decreet was given, and letters are to be written to distrenzie the said George of his lands and goods for that.

[1476/7/83]⁴

In the action and cause pursued by Robert of Crichton of Riccarton against William of Stirling of Calder, knight, regarding the spoliation and withholding of the teind sheaves from the lands of Ochiltree for the past year totalling 26 merks pertaining to the said Robert as he alleged through tack, both the said parties being present in person and their allegations and witnesses heard and understood at length, the lords auditors, fully advised, decree and deliver that because it is clearly proven before them by the witnesses provided by the said Robert that the said Sir William has taken up 4 chalders of oats, 4 bolls of barley, 2 bolls of wheat and 2 bolls of peas from the said teinds, that therefore he shall satisfy and pay the said Robert the said corn, oats, wheat, barley and peas of the same quality as those grown on the said lands, and that letters be written to distrenzie the said Sir William of his lands and goods for that.

[1476/7/84]⁵

In the action and cause pursued by David Chamber as assignee for Walter Ogilvy of Owres against Marjory [Ogilvy], countess of Crawford, regarding the sum of £40 owed to the said Walter through her obligation and to the said David as his assignee, the said David being present in person and the said countess lawfully summoned and often called but not compearing either by herself or through her procurators, the power committed to the said David by the said Walter as his assignee along with the said obligation being produced and seen, heard and understood at length, the lords auditors of causes and complaints, fully advised, decree and deliver that the said Marjory, countess of Crawford, shall satisfy and pay the said sum of £40 to the said David as assignee to the said Walter according to the form of her obligation made by her to the said Walter and David thereupon, and that letters be written to distrenzie her of her lands and goods for that.

[1476/7/85]⁶

Before the lords auditors⁷

[1476/7/86]⁸

Henry Liberton compeared before the lords auditors, summoned, as he alleged, to the suit of Roland Turnbull and Peronell, his spouse, regarding an annual claimed by the said Henry for land and tenement lying on the south side of the gate of the burgh of Edinburgh, just as is contained in the summons, the said Roland and Peronell being often called but not compearing to pursue the said Henry, [he] protested that the said persons should not be heard in judgement in the said action until such time that he was contented and paid for his costs and expenses and until he is newly summoned.

[1476/7/87]⁹

In the action and cause pursued by David Boswell of Glassmount and David Boswell of Balmuto, his father, against William of Livingston of Drumry, regarding the renunciation and handing over of all rights and claims of right by the said William for him and his heirs to the said David and David and their heirs and assignees that the said William has or might have to the superiority of the lands and tenants of the east part of Lochquhorshir and Muircambus and to the patronage and gift of the parish church of Auchterarder, as is contained in the compromise made thereupon, and to fulfil the same compromise and the decreet of the arbiters in the same, both the parties being present in person, their rights, reasons, allegations, evidence, compromises and decreets heard, seen and understood at length, the lords auditors of causes and complaints decree and deliver that the tenantries of Pitcairn, Cothquheliis and Petkynny,¹⁰ with their pertinents, along with the tenantries of Rath, Glenniston and Powgulde, with their pertinents, along with the tenantries of Balmongy, remain perpetually with the said William, his heirs and assignees, and that the two tenantries of Lochgelly along with the presentation and donation of the said church of Auchterarder remain perpetually with the said David, his heirs and assignees, and the evidence to be made hereupon by either party to the other in the most secure way without inconveniences that may be raised by the parties, and letters are to be written hereupon for the execution of the same.

[1476/7/88]¹¹

In the action and cause pursued by Robert Crichton of Sanquhar, knight, against John [Sutherland], earl of Sutherland, regarding the wrongful occupation of the lands of the Craigton in Sutherland, and the fishing of the same, and regarding the wrongful spoliation and withholding of the mails of the same, the said Robert being present in person and the said earl summoned, called but not compearing in person, the lords auditors¹² of causes and complaints decree, deliver and ordain for all that they have seen that the said earl shall withdraw from and clear the said lands and fishing in favour of the said Robert, to be used and enjoyed by him in the future, and letters are to be written to a sheriff in that part [that the earl] withdraw from and clear the same.

[1476/7/89]¹³

George [Leslie], earl of Rothes, summoned to the suit of Walter Oliphant of Kelly for the wrongful breaking of his lands of Kelly Side, the said George, earl, protested in request of his costs, damages and expenses, and that he should not be heard by his party until he is newly summoned.