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

7 December

Nevin MacCowell, procurator for Margaret MacGuffog, compeared before the lords auditors and protested in the presence of the said lords for her costs and expenses because Margaret of Douglas caused her to be summoned but did not compear to pursue her according to the tenor of it, that therefore the said Margaret Douglas should not be heard against her in judgement until she has paid her her said costs and expenses and until she is newly summoned.

Malcolm MacGilhaynch compeared before the lords auditors and protested that because Margaret of Douglas caused him to be summoned to her suit but did not compear to pursue him according to the tenor of the said summons, that therefore she should not be heard against him in judgement until she has paid his costs and expenses and until he is newly summoned.

[Deleted text:] The lords auditors decree and deliver that George of Chalmers of Glenlee shall warrant and keep to William Mowatt the tack and mailing made to him of 40s worth and 20d worth of land called Mertnane, lying within the sheriffdom of Ayr, for the terms contained in the letters of lease made by the said George to the said William thereupon shown and produced before the said lords, and appoint 11 January next, with continuation of days, for the said William to prove the costs, injuries, damages and expenses that he has sustained in default of his not being defended or kept in the said tack, and letters [are] to be given to the said William to summon his witnesses and the party to hear them sworn.

In the action and cause pursued by William Mowatt against George of Chalmers of Glenlee for the warrandice and keeping for him the said William of the tack and mailing made to him by the said George of 40s worth and 20 pennyworth of land called Martnane, lying within the sheriffdom of Ayr, according to the tenor of his letters of tack made to him thereupon and for his costs, injuries, damages and expenses that he has sustained because he is neither kept nor warrant in the said tack, the said George being often called but not compearing, and the said William, present in person, produced and showed before the lords auditors a letter of tack made to him by the said George and sealed with his seal for the said 40s worth and 20 pennyworth of land called Martnane, with a clause of warrandice in the same, which being read, seen and understood by them the said lords auditors decree and deliver that the said George shall keep and warrant to the said William the said tack and mailing made to him of the said 40s worth and 20 pennyworth of land called Martnane for all the terms contained in his letter of lease made to the said William thereupon and according the tenor of the same, and appoint 11 January next, with continuation of days, for the said William to prove the costs, injuries, damage and expenses that he has sustained in default of his not being defended or kept in the said tack, and letters [are] to be given to him to summon his witnesses and the party to hear them sworn.

In the action and cause pursued by Margaret Maitland, the spouse of John of Edmonstone of that Ilk, against Michael of Balfour of Burleigh and Alexander Spens, sheriffs in that part, for the wrongful and improper proceeding against her in the execution of certain brieves of inquest purchased by one William called Maitland, because the said sheriffs put the said brieves to the investigation of an inquest, despite the fact that the action of bastardry proposed by the said Margaret against the said William was pending undecided in the spiritual court, as was alleged, the said Michael often called but not compearing, and the said Alexander Spens being present in person, and the said Margaret through her procurators, the rights, reasons, muniments and instruments of the said Margaret [were] heard, seen and understood, the lords auditors decree and deliver that the said sheriffs have improperly proceeded in putting the said brieves for the investigation of an inquest, considering that it was clearly shown before them that the matter of bastardry proposed against the said William was pending undecided in the spiritual court, and therefore decide that all the processes passed on the said brieves, precepts, sasines and all other things passed thereupon [are] to be of no value, force or effect in the future.

  1. NAS, PA2/3, f.19v.
  2. NAS, PA2/3, f.19v.
  3. NAS, PA2/3, f.19v.
  4. NAS, PA2/3, f.20r.
  5. NAS, PA2/3, f.20r.