Judicial proceeding: declaration regarding courts of purpresture

Regarding the holding of a court of purprision for the lands of Rathburn by Elizabeth Nesbit, Alexander Chirnside and Patrick Home, their bailie, on the one part, against Janet Home, the spouse of James of Douglas, on the other part, for the wrongful calling of the said Janet to the said court of purprision, as was alleged and continued until the parliament, the aforesaid lords auditors chosen by the2three estates all unanimously interpret and declare that no vassal or subvassal or other tenant under the baron has power or jurisdiction to hold a court or make a judicial inquiry into the question of purprision, and therefore decide and deliver that the said court of purprision held by the said Elizabeth, Alexander and Patrick touching the said lands of Rathburn is of no value, force, strength or effect within or outwith judgement in the future.

  1. NAS, PA2/3, f.8r.
  2. In the margin - 'note, a recognition hinders the execution of letters for distraint'.