[1482/12/20]¹

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

9 December before noon

Richard Reddoch compeared before the lords auditors and protested that because William Stirling of the Keir caused him to be summoned to his suit but did not compear to pursue him, that therefore the said William should not be heard against him in judgement until he has paid his costs and expenses and until [he is] newly summoned.

[1482/12/21]²

Regarding the complaint made by Master William Forbes, provost of the college church of St Giles, against the provost and bailies of the burgh of Edinburgh for his annual pension of 220 merks, both the said parties being present in person, the obligation of the said burgh of Edinburgh along with the king's confirmation thereupon being shown, seen, considered and understood, the lords auditors decree and deliver that the said provost and bailies shall satisfy and pay the last Martinmas [11 November] term of the said pension, which is 110 merks, to the said Master William within the next 8 days following, under the pain of being personally made wards of Blackness [castle], and that they pay him in the future according to the form of the said obligation, certifying them that if he is not paid for his said pension by the terms contained in the said obligation, that they shall satisfy and pay his costs and expenses which he happens to sustain through this, and ordain letters to be directed to this in due form as is fitting.

[1482/12/22]³

The said day after noon

In the action and cause pursued by David Hutcheon and John Marshall against Patrick Haldane, Thomas Marshall, John Christie, elder, John Christie, younger, and Atkin Raburne for the wrongful spoliation, removal and withholding from them of 380 wool skins from the church of Fossoquhy,⁴ both the said parties being present themselves and through their procurators, their witnesses, allegations and rights heard, seen and understood, the lords auditors decree and deliver that the said Patrick, Thomas, John, John and Atkin⁵shall restore and return the said 300 wool skins to the said John Marshall, spulzied and taken by them as was sufficiently proven before the said lords,⁶ and ordain that the said persons who spulzied the said skins pay the each one of the 5 witnesses who compeared and testified 5s for their expenses.⁷

[1482/12/23]⁸

Regarding the summons made by [Richard Lamb], abbot, and convent of Melrose for Patrick Blackadder, as procurator to [Thomas Spens], bishop of Aberdeen, to raise a pension from the said abbey in contradiction of the acts of parliament, as was alleged, the said abbot and convent being present through their procurators, and the said Patrick often called but not compearing, the lords auditors continue the said summons until 11 January next, with continuation of days, in the same form and effect as it is now without prejudice of party, and ordain the execution of the process of raising the said pension be superseded until the said day, under the pains contained in the deliverance previously made by the lords of council thereupon, and that the said Patrick, as procurator aforesaid, be warned of this continuation.

[1482/12/24]⁹

The action and cause moved by Thomas Marshall against John Marshall, his brother, for relieving and keeping him, the said Thomas, uninjured at the hands of Margaret Fraser, the spouse of the late James of Murray, for 42 stone of wool, priced14s per stone, for which the said John had caused the said Thomas to be surety, ¹⁰is continued by the lords auditors until 11 January next, with continuation of days, and ordain the witnesses' [depositions] taken within to be closed and kept until the said day, and this party [is] to have letters to summon more witnesses on the said day, if they have any, and both the said parties being present themselves and through their procurators are summoned according to the act.

[1482/12/25]¹¹

Memorandum, that John of Haddington has found caution that John Marshall shall hold firm and stable in this aforesaid action.

[1482/12/26]¹²

In the action and cause pursued by John the Bruce of the Stenhouse against Robert [Fleming], lord Fleming and Andrew Oliphant, his bailie, for vexing and harassment of the said John in the peaceful use of 12 merks worth of land of Dunbull given to the said John by the said lord in liferent, as was alleged, by the said John and by the said lord for his service [already] done and to be done, both the said parties being present in person, because it was admitted by the said Robert, lord Fleming that he had given the said lands in liferent to the said John for his service [already] done and to be done and admitted by the said John that he therefore owed him service, the lords auditors decree and deliver that the said John shall use and enjoy the said lands according to the form of the writs and concession by the said lord made thereupon, and also that the said John shall give the said lord service for this according to the form of his bond of manrent and service, and ordain letters to be given for this in due form as is fitting.