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

15 March

[Deleted text:] In the presence of the lords auditors George [Leslie], earl of Rothes, at the request of their lordships, has allowed the goods [and] oxen allegedly taken from the tenants of Dunbog by John Inglis of Tarvit.

15 March

Regarding the sum of £10 claimed as expenses by Dingwall pursuivant to Patrick Home for costs and expenses he incurred in the distrenzing and poinding of John of Dishington of Ardross and his goods for a specific sum, the lords auditors decree and deliver that the said Patrick shall satisfy and pay the said Dingwall the sum of £5 in addition to the said 28s given previously for his said costs and expenses, and ordain letters to be written to distrenzie the said Patrick of his lands and goods for that.

In the presence of the lords auditors George [Leslie], earl of Rothes has allowed the goods allegedly taken by Alexander Inglis of Tarvit from the tenants of the lands of Dunbog as pledge for the said tenants without prejudice of any of their rights, and ordain letters to be written for this.

In the action and cause pursued by Agnes of Galbraith against Colin Campbell of Ordmidale, Patrick Lammond, Duncan Lammond and the rest of the persons who agreed to the serving of the brieve of inquest purchased by the said Agnes regarding the lands of Tollarbeg for their error, unjust and improper judgement and decision in the serving of the said brieve, both the said parties being present themselves and through their procurators, and their rights, reasons and allegations and writs in the said matter heard, seen and understood at length, the lords auditors, fully advised, decree and deliver that the said persons of inquest have erred and unjustly and improperly judged and decided in the serving of the said brieve because it was improperly retoured as was clearly understood by showing the same before the lords, and therefore ordain that the said retour, sasine and all that followed thereupon is of no value, force or effect within or outwith the judgement in the future.

The lords decree and deliver that because [Sir] John Jardine of Applegarth has paid Isobel Neilson, dwelling in Dumfries, the sum of £18 appointed to her by the justice for his expenses, as was proved by her acquittance shown and produced before the lords, she, being often called but not compearing, therefore the said John is released of any other payment of the said sum by any extract or precept of the justice ayre in the future, and letters to be written for this.

Regarding the summons pursued by Alexander of Straiton of that Ilk against Robert Fleming, for the 18th part of the multure of the mill of Southbegis owed to the said Alexander for the past 7 years through ward, as was alleged, the lords decree and deliver that the said Robert is released of the said multure, because the said Alexander referred it to the said Robert's oath, which released him from it before the said lords.

The lords auditors decree and deliver that John of Livingston shall satisfy and pay Master John Malison the sum of £24 owed by him to the said master for the fruits of the church of Kippen collected by him, just as was sufficiently proved by the said Master John's account book written and signed by the said John's hand, shown and produced before the said lords, and ordain letters to be written to distrenzie him of his lands for that.

The lords auditors decree and deliver that John MacLellan shall satisfy and pay Sir Mungo Crichton a merk owed to him for certain corn and 10s for an ox as was sufficiently proved before the lords, and 10s to two witnesses who testified in the said matter, and ordain letters to be written to distrenzie him of his lands and goods for this.

The lords auditors decree and deliver that Robert [Lyle], lord Lyle shall satisfy and pay Sir William of Knollis, commander of Torphichen, 109 chalders of meal owed to him for the fruits of the church of Inchinnan for the past two11 years totalling 912 chalders annually and collected by the said Lord Lyle as his obligation purports, shown and produced before the said lords, and as regarding the annual payment of 5 chalders for the said years claimed by the vicar of the said church, the lords appoint 10 May next, with continuation of days, for the said Lord Lyle to prove his said payment, and ordain letters to be written in due form for this.

John of Balfour compeared and protested before the lords auditors, as procurator for Michael of Balfour of Burleigh, summoned to the suit of Robert Borthwick, regarding the abstraction and removal of a letter of our sovereign lord's directed to him when he was sheriff.14

James of Balfour of the Bello compeared before the lords auditors, summoned to the suit of Robert Borthwick, for certain goods claimed by the said Robert [as] contained in his mother's testament, and protested that because he caused him to be summoned but did not appear to pursue him, that therefore etc.16

  1. NAS, PA2/2, f.84v.
  2. NAS, PA2/2, f.85r.
  3. NAS, PA2/2, f.85r.
  4. NAS, PA2/2, f.85r.
  5. NAS, PA2/2, f.85r.
  6. NAS, PA2/2, f.85v.
  7. NAS, PA2/2, f.85v.
  8. NAS, PA2/2, f.85v.
  9. NAS, PA2/2, f.85v.
  10. Deleted - '27'.
  11. Deleted - 'three'.
  12. A symbol has been inserted in the manuscript which appears to signify '3', as in 9 x 3; however this would alter the total numbers of chalders owed from 18 (for the previous two years) to 27, which seems erroneous.
  13. NAS, PA2/2, f.85v.
  14. Sic.
  15. NAS, PA2/2, f.86r.
  16. Sic.