[1482/3/9]¹

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

20 March, all the auditors sat before noon

In the action and cause pursued by Duncan Campbell and Margaret of Drummond, his spouse, on the one part, against Sir Laurence Mercer and David Blair, on the other part, regarding the wrongful collection and withholding of the mails from the third of the mill called the Pow Mill of Dalkeith, and the mails of the third of the four merks worth of land from the lands of Tulybagis, and their grassums and profits for the past 8 years as was alleged, both the said parties being present in person and their rights, reasons and allegations seen, heard and understood at length, and the said David being often called but not compearing, the lords auditors decree and deliver that the said Sir Laurence shall withdraw from and clear the third of the said mill of himself and his tenants, and the said David from the third of the said lands of Tulybagis to be freely used and enjoyed by the said Duncan and Margaret in the future because they failed in their proof on the day appointed to them and shall satisfy and pay them the mails, profits, grassums and duties owed for the said thirds of the mill and lands for the past years, as much as the said Duncan and Margaret can prove the value of the said thirds of the mill and lands before the sheriff of Perth are together with the costs and damages that they have sustained through this, and ordain them to have our sovereign lord's letters in due form for the said sheriff thereupon.

[1482/3/10]²

The same day in the afternoon

In the action and cause pursued by Janet [Yeoman], countess of Caithness, on the one part, against David Barclay, on the other part, regarding the wrongful withholding from her of the mails, profits and duties of the lands of Brymmystoun and Johnston, totalling four merks each term for the four past terms, belonging to her through terce, as was alleged, the said lady being present in person and the said David lawfully summoned and often called but not compearing, the lords auditors decree and deliver that letters be written to the sheriff of Kincardine charging him to cause the said Janet to be contented and paid for the reasonable terce of the said lands in as much as she should have for the same by law.³