[1476/7/90]¹

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

18 July before noon

In the action and cause pursued by William of Murray of Tullibardine, knight, against John of Drummond of Cargill regarding the wrongful spoliation, detention and withholding²

[1476/7/91]³

In the action and cause pursued by Sir William of Murray of Tullibardine, knight, John of Murray, Michael of Balfour and James of Murray, against John of Drummond of Cargill, Master Walter of Drummond and Robert of Drummond, regarding the wrongful spoliation, detention and withholding from them of 30 cows and oxen, spulzied, taken and withheld from them by the said persons from the two parts of the lands of Ochill lands pertaining to the said Sir William, as was alleged, the said Sir William Murray and John of Murray for his party, and the said John of Drummond for his party, each admitted by the other being present in person, their rights, reasons and allegations seen, heard and understood at length, the lords auditors of causes and complaints decree and deliver that the said John of Drummond shall return to the said Sir William, John, Michael and James the said 30 cows and oxen spulzied and taken from the said two part lands of Ochill as was proved before the lords that the said Sir William and his tenants occupied without the stent of the said two parts, and if the laird of Stobhall is missing any of his mails or duties or has been disturbed in the third part of the said lands since the start of his tack of the said third part, if it pleases him to summon them before the lords, justice will be administered as is fitting, and letters of summons are to be given thereupon and letters are to be written to distrenzie the said John of Drummond of his lands and goods in order to restore the said cows and oxen.

[1476/7/92]⁴

John Lumsden of Condelain, summoned to the suit of Andrew Ramsay of Burnturk, regarding the wrongful withholding from him of certain evidence of the lands of Powrain, and to show his claim and interest therein, protested before the lords seeking his costs and damages for his frequent summoning but not being pursued, and not to defend until he was newly summoned.

[1476/7/93]⁵

Regarding the complaint given to the lords auditors by David Dempster of Careston concerning the amercement of fee of each parliament of which he is infeft along with the amercement of each justice ayre to be held within the sheriffdom of Forfar and the annual amercement of the extract of the sheriff court of the same, the lords auditors think that he should be paid according to the form of his infeftment made by King Robert under his great seal shown and produced before the lords.

[1476/7/94]⁶

Regarding the recognition made by our sovereign lord of the lands of Outer Gogar with pertinents, debated between Archibald Haliburton, son and heir to George [Haliburton], lord Haliburton [of Dirleton], on the one part and Sir Alexander Lauder of Halton, knight, on the other part, and John Oliphant for his interest through a continuance of the lords of council, the said George as tutor for his son and the rest of the parties being present in person, their rights, reasons, allegations, evidence, charters and sasines being heard, seen and understood at length, the lords auditors of causes and complaints counsel the king's highness and think that he should allow the said lands of Outer Gogar with pertinents as surety for the said Sir Alexander as overlord of the same and tenant to the king of the said lands of Gogar and the last lawful possessor of the same.

[1476/7/95]⁷

In the action and cause pursued by Marion MacMorran, lady of Blair, against John of Blair of that Ilk, regarding the wrongful withholding and collection from the thirds of her lands of Blair and the profits thereof for the last year totalling £40 of the usual money, as contained in the summons, the lords auditors of causes and complaints, with consent of both parties being present in person, the said Marion through a procurator and the said John himself, decree and deliver that the said John of Blair shall satisfy and pay the said Marion the sum of 46 merks of the said money and 40 stone of cheese for all the profits of the said third lands for the past year. And because the said John alleged that the said Marion was contented and paid for all her mails and duties of the said past year, that the said John compear before the sheriff of Ayr on 3 August next to prove that the said Marion was contented and paid as is said, and letters are to be written to the aforesaid sheriff to take the said proof and to call the said Marion to hear the sworn witnesses, and failing the said proof, that letters are to be written to distrenzie the said John of Blair of the said sum of 46 merks and 40 stone of cheese and his lands and goods for that.