[1481/4/13]¹

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

12 April, the aforementioned lords sat

The action and cause moved by Janet Home, the spouse of James of Douglas, against Elizabeth Nesbit, Alexander Chirnside and Patrick Home, regarding the holding of a court of purprision on the lands of Rathburne wrongly held without power and the wrongful calling of the said Janet to the said court, as was alleged, is continued by the lords auditors of the parliament until the third day of the continuation of this parliament to be held next, with continuation of days. And further the lords have ordained these persons undernoted, that is to say [John Laing], bishop of Glasgow, [James Livingston], bishop of Dunkeld, [Robert Blackadder], bishop of Aberdeen, [Colin Campbell], earl of Argyll, [William Keith], earl Marischal, [Robert Lyle], lord Lyle, [Archibald Whitelaw], secretary, [Alexander Inglis], clerk register, Master William Elphinstone, [John Drummond], laird of Stobhall, John the Ross, Master Richard Lawson, Alexander Scott and Alexander Fowlis to convene together and advise upon the extant laws on purprision and interpret them, and to declare which lord or persons according to the said laws have power to hold courts of purprision, and where the extant law is unclear and vague, that the said persons devise the improvement thereof, and refer their counsel and advice again to the whole body of the parliament as shall be decreed and ordained by the body of the parliament to be kept and held as for law, both this matter and other similar ones in the future. And in the meantime, until the said day, that the said Janet Home and her spouse shall use and enjoy the possession of the said lands undisturbed and without prejudice of the said Alexander Chirnside and Elizabeth, his spouse, or of Patrick Home regarding their claim and right.

[1481/4/14]²

The same day

The lords continue the taking of the deposition and declaration of [Robert Kerr], abbot of Kelso in the action between Thomas Dickson and Roger Dickson touching the release of Roger of Selby, Englishman, until 2 May next, with continuation of days, in the same form as it is now, and both parties are personally summoned according to the act, and the abbot of Kelso is warned and charged to compear in person on the said day to make his oath and declaration according to the form of the act given hereupon before, for which the abbot has agreed to come.

[1481/4/15]³

The aforesaid day in the afternoon

The action and cause pursued by Patrick [Hepburn], lord Hailes against Patrick of Knollis for the wrongful withholding of the mails from the lands of Monynut, and also the action pursued by the said Patrick of Knollis against David Leadbetter and John Martin for taking double mails from him from the said lands, one on behalf of the Lord Hailes and the other on behalf of Ellen Home, the spouse of Alexander Erskine, is continued by the lords of parliament until 18 June next, with continuation of days, and in the meantime ordain the said Patrick of Knollis to retain occupation of the said lands and keep the mails in his hands without prejudice of party. And because the summons raised by the said Ellen and her spouse was made to the parliament and there is not a sufficient number of persons with power of parliament to decide and deliver on that action, the lords ordain that new summons be given to them on the said day, and also the lords appoint the said day for the said Patrick Knollis to prove how much goods have been taken from him by either of the said parties or their officers, and he [is to] take letters to summon his witnesses.

[1481/4/16]⁴

The lords decree and deliver that David Sinclair shall restore and return to Edward Sinclair the brown horse that he took from the said Edward, because it is proven that the said horse belonged to Dick of Rowlis, and that the said Edward got him from Thomas of Cochrane through an agreement made between them; and that letters be written to distrenzie the said David to restore the said horse or the price of him equal to when he was taken, and [Patrick Hepburn], master of Hailes who bought the escheat from Dick of Rowlis is to have his action against the said Thomas Cochrane in as far as law allows.