[1478/6/35]¹

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

8 June before noon

In the action and cause pursued by Robert of Gargill of Lasingistoune against John of Drummond of Gargill regarding the wrongful spoliation and taking away of 16 oxen and 20 cows from the lands of Lasingistoune, both the said parties being present in person, and their rights, reasons and allegations heard, seen and understood at length, the lords auditors decree and deliver that the said John of Drummond did no wrong by taking the said goods from the said lands of Lasingistoune held by him because he offered to make the said Robert his tenant and to enter him in due time, as was proved through an instrument shown and produced before them, and ordain that the said John of Drummond give the said Robert sasine of the said lands according to the form of his retour.

[1478/6/36]²

The lords auditors decree and deliver that Sir Laurence Mercer of Meikleour, knight, shall restore and return to John of Kirkcaldy and Christian, his spouse, a cross and a chain of gold borrowed and kept from them by the said Sir Laurence, or otherwise the exact price and value thereof as they can prove the said cross and chain was worth, just as was proved before the said lords, for which proof the lords appoint 4 October next, with continuation of days, before the lords of council, and ordain letters to summon their witnesses.

[1478/6/37]³

George Barclay, summoned to the suit of William Richardson to hear certain costs and damages proved against him regarding the retention of a chalder of oats, compeared before the lords auditors [and] protested that because [William] did not come to pursue his proof, that he should not be heard in judgement until his costs were paid and until he was newly summoned.

[1478/6/38]⁴

The lords auditors decree and deliver that Thomas Brown, Thomas Home, Patrick Purves, John Purves and William of Manderston have done wrong by ejecting Patrick Blackadder's goods from 14s worth of the lands of Hilton, set to him by John Brown with consent of his spouse and George Home for the terms of 7 years, as proved before the lords, and that therefore they shall make themselves wards of Blackness castle within the next 8 days, there to remain at their own expense until they are freed by the king, and letters [are] to be written hereupon, both to the captain, constable and keepers of the said castle, to receive them as prisoners and a fine of 40s to the lords.

[1478/6/39]⁵

8 June after noon

⁶Regarding the proof which Donald Mwlikyn was appointed to prove for the payment of 8 bolls of ferme from the mill of Eccles due to be paid to John of Eccles of that Ilk this last Whitsunday [10 May] past, the said Donald being often called but not compearing to prove the payment of the said ferme, the lords auditors decree and deliver that the said Donald shall satisfy and pay the said John of Eccles the said 8 bolls of ferme from the said mill of the said Whitsunday term, and ordain letters to be written to distrenzie him of his lands and goods for that.

[1478/6/40]⁷

Regarding the sum of £3,000 claimed by John of Spens, son and heir of the late Robert of Spens, against Christian of Spens and Isobel of Spens, the heirs of the late John of Spens of Glendouglas, knight, because the sum is so large and now for the first time apparent and shown before the lords auditors, along with the obligation thereupon, the lords continue the said matter in the same force and effect as it now is without prejudice of party until the ⁸third day of the next parliament, with continuation of days,⁹ and the said parties and their procurators are summoned according to the act.

[1478/6/41]¹⁰

The lords continue the proof appointed to Robert of Callendar, the son and heir of the late Robert of Callendar, to prove his sufficient defence regarding an obligation for the sum of 20 Demis of gold, until 4 October next, with continuation of days, before the lords of council without prejudice of party, because the witnesses did not compear and ordain them to be re-summoned on the said day under pain of rebellion, and both the parties are summoned according to the act.