[1478/6/46]¹

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

10 June before noon

In the action and cause pursued by Elizabeth Hamilton, the spouse of the late Helise MacCulloch, against Andrew MacCulloch, Neil MacCoard, Quentin Agnew, Gilbert MacCoard, Gibbe MacCoard, Duncan MacMackin Crookmow, Allan Dickson, James Hart, Andrew MacCulloch's man, Henry Mudwell, chaplain, Anne Cruikshank and Henry Adair, for the wrongful spoliation, taking away, and withholding of 66 bolls of clean best quality oats from the said Helise MacCulloch's wife, both the said parties being present through their procurators, and their rights, reasons and allegation heard, seen and understood at length, the lords decree and deliver that the said persons shall return, deliver and hand back the said 66 bolls of clean best quality oats to the said Elizabeth, or their value because the procurators for the said person admitted that they took them by their own hands, and ordain letters to be written to distrenzie them of their lands and goods for that,² and the value of these oats is to be taken by this woman's oath before [Ninian Spot], bishop of Galloway at his next visit to the land.

[1478/6/47]³

In the action and cause pursued by Sir Thomas the Maule of Panmure, knight, against Walter [Stewart], lord of Innermeath, as sheriff of Forfar in that part made and constituted by our sovereign lord in order to serve a brieve of inquest of prodigality purchased by Alexander Guthrie of that Ilk upon the said Sir Thomas Maule, for the wrongful and improper procedure led by the said sheriff in the execution of the said brieve, and against the person who passed on the said inquest as was alleged, both the said persons being present in person and through their procurators, the rights, reasons and allegations in the said matter heard, seen and understood at length, the lords auditors decree and deliver that the said Walter, sheriff in this part, had proceeded improperly in the serving of the said brieve and that the said persons present at the said inquest had erred in serving the same, because they did not give their decision on the day set for the serving thereof as a part of the said inquest admitted before the lords, and therefore the said brieve of prodigality and all that followed thereupon was of no value, force or effect within or outwith judgement in the future, and that the said Sir Thomas Maule shall have free disposition of his lands and goods in the future just as other barons of the realm have.

[1478/6/48]⁴

The lords decree and deliver that Duncan Campbell, son and heir of the late Sir Colin Campbell of Glenorchy, knight, shall satisfy and pay Sir William Buntine, vicar of Kilgour, the sum of 20 merks which he paid Master Duncan Campbell as debtor for the said Sir Colin of an annual pension of 10 merks for the past 2 years, as was shown and proved through an obligation of the said late Sir Colin before the said lords, and £10 to the said Sir William for the half teinds of the two Condalanis, Drum, Powrane and Patillo from 1475 as was proved by another obligation of the said late Sir Colin for that, and ordain letters to be written to distrenzie him of his lands and goods for that.

[1478/6/49]⁵

The lords auditors decree and deliver that John of Murray of the Trewyn shall satisfy and pay John Malcolm, burgess of Edinburgh, the sum of £7 owed to him by the said John of Murray of the rest of a greater sum, as was proved before the said lords, and ordain letters to be written to distrenzie him of his lands and goods for that.

[1478/6/50]⁶

The lords auditors decree and deliver that John Stewart in the Canongate shall satisfy and pay David Scrimgeour of Dundee the sum of £24 7s owed by him to the said David for certain merchandise of planks as he admitted before the lords and as was proved through his obligation shown and produced before them, and ordain letters to be written to distrenzie him of his lands and goods for that.

[1478/6/51]⁷

Andrew Brown compeared before the lords auditors of causes and complaints chosen by the three estates in the last parliament, summoned to the suit of Christian of Kinglassie, the spouse of William of Cavers, and protested that because she summoned him but did not appear to pursue him, that she should not be heard in judgement before them until his costs were paid and until he was newly summoned.

[1478/6/52]⁸

After noon

The lords auditors continue the action and cause of summons between John of Spens of Rathaland and Elizabeth, his spouse, against Master David Dunning, Robert of Dunning and John of Haddington, regarding the wrongful pursuit, prosecution and processing of a tenement and land pertaining to them within the burgh of Perth in the Crossgate of the same, in the same force and effect as it now is without prejudice of party until 4 October next, with continuation of days, before the lords of council, and because the witnesses contained in the said summons were often called but did not compear, they shall be newly summoned and the party [will] hear them sworn on the said day under the pain of rebellion and [they are] to be punished for their disobedience.

[1478/6/53]⁹

In the action and cause pursued by Laurence [Oliphant], lord Oliphant and Walter Ogilvy of Owres against George Blair, son and heir of the late James Blair, burgess of Dundee, regarding the resignation and handing over of 10 merks worth of the lands of Auchtertyre according to the form of a reversion made to the said Laurence by the said late James Blair, father to the said George, and also regarding the wrongful spoliation and withholding from him of 2 years' mails from the said lands totalling 10 merks annually, as was alleged, the said Laurence being present himself and through his procurator and the said George being lawfully summoned and often called but not compearing, the lords decree and deliver that the said George being infeft through the said Walter Ogilvy of Owres in and to the whole piece of land with its pertinents lying the in the western part of Kethings, called Pettindwny,¹⁰ with the same bounds, marches and metts as contained in the letter of tack made to the said late James with charter and sasine for it, and failing that the said Walter is not to infeft the said George through heritable charter and sasine in the said lands of Pettindwny with its pertinents, that the said Laurence, paying the sum of £100 according to the form of the reversion made for that by the said late James to the said Laurence, that the said George shall resign and freely hand over without any obstacle or demand to the said Laurence, his heirs or assignees all the complete lands of Auchtertyre with its pertinents lying in the barony of the same, within the sheriffdom of Forfar, which the said late James had in fee and heritage from the said Laurence as is contained in the said reversion, and ordain letters to be written to compel the said George to do this.

[1478/6/54]¹¹

James [Stewart], earl of Buchan protested in the presence of the lords auditors that what was done before them regarding the lands of Pettindwny¹² should not prejudice him concerning his fee and heritage, nor that of his heirs in the future.

[1478/6/55]¹³

In the action and cause pursued by Sir Thomas of Wemyss of Rires, knight, Margaret, his spouse, and Elizabeth Wemyss against William of Livingston of Drumry, John of Kinninmonth of that Ilk, knight, Robert of Lundie of Balgonie, Alexander Inglis of Tarvit, Robert Forret of that Ilk, John of Pitbladdo of that Ilk, Andrew Ramsay of Redy, James Lumsden of Burnturk, David Scott, Alexander Lochmalony, James of Balfour of Bello, Duncan of Balfour and Thomas Anderson, chosen and passed to serve a brieve of inquest purchased by Janet Duncan, for their error in the wrongful determination and delivery by the said persons in serving the said brieve, regarding a toft and croft lying at the western end of Leuchars within the sheriffdom of Fife, and regarding the two acres of land lying in the Orchardflat of Leuchars, having delivered that the said toft, croft and acres were in the hands of Arthur Forbes as overlord of the same, the said person of inquest being lawfully summoned and often called and not compearing, the rights, reasons, writs and documents of the said Sir Thomas, Margaret, his spouse, and Elizabeth were heard, seen and understood, the lords auditors decree and deliver that the said persons of inquest had erred in serving the said brieve because it was declared by our sovereign lord's charter shown and produced before them that the said Arthur was never in the barony of Leuchars Wemyss through which he might be overlords of the said lands, and therefore the retour of the said inquest and all that followed thereupon is of no value, force or effect in the future in judgement or outwith.