[1483/3/69]¹

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

17 March

The lords auditors decree and deliver that William Whitburn, William Hill and John Lister shall satisfy and pay John Ellis the sum of £3 of the money that is now current, for 3 bolls of meal that they took from him, as ²they admitted themselves and as was proven before the lords, and ordain that letters be written to distrenzie them for that.

[1483/3/70]³

Walter Ogston of that Ilk compeared before the lords auditors and protested that because Janet of Dunbar, lady Frendraught, caused him to be summoned but did not compear to pursue him, that therefore, etc.

[1483/3/71]⁴

The lords ordain that William Turing shall satisfy and pay Paskin Laris, procurator for his brother Copin Laris,⁵ 60 waw⁶ of iron or the value thereof which he took from them for our sovereign lord's use as he admitted himself, and that letters be written to distrenzie ⁷him therefore divisio actionum, and the lords ordain [Alan Cathcart], lord Cathcart, master of the king's artillery at the time, to release him of the said iron since he admitted himself before the lords that the said iron was taken for our sovereign lord's use ⁸by his charge and spent under his office, and that letters be written to distrenzie him of his lands and goods for that, and [the lords] counsel our sovereign lord to take an account from the said Lord Cathcart and in so far as it shall be found owing to him that his highness cause him to be paid for it.

[1483/3/72]⁹

The lords auditors ordain William Turing to satisfy and pay William of Rhynd, burgess of Edinburgh, 6 waw¹⁰ 4 stone of iron or the value thereof, which he admitted he [had] received from the said William in the presence of the lords, and that letters be directed to distrenzie him for that, and the lords ordain [Alan Cathcart], lord Cathcart to release the said William Turing from the said iron since he took it for his command to our sovereign lord's use, and that letters be written to distrenzie the said Lord Cathcart of his lands and goods for the said iron.

[1483/3/73]¹¹

In the action and cause pursued by Janet Monipenny, lady of Pitmilly, against Margaret of Wemyss, the spouse of the late Thomas Monipenny, for the wrongful spoliation from the said Janet of 15 cows and oxen from the lands of Balhaly pertaining to her in joint infeftment, as was alleged, both the said parties being present themselves and through their procurators, the lords auditors decree and deliver that the said Margaret shall restore and return the said 15 cows and oxen [in] as good [a condition] as [when] they were taken to the said ground of Balhaly, without prejudice of the right of either of the parties, and ordain that letters be directed to this. ¹²And regarding the ¹³right of the said joint infeftment claimed by the said Janet and also claimed by the said Margaret to pertain to her through terce, the lords refer that matter to the judge ordinary to be determined before him, and that letters be directed charging him to ¹⁴administer justice in that matter as he will answer to the king's highness.

[1483/3/74]¹⁵

The lords auditors decree and deliver that John of Dalrymple of the Lecht shall satisfy and pay Alan [Cathcart], lord Cathcart, the sum of 46 merks of the usual money of the realm, and also that he shall pay the said lord the sum of £15 of old Harry groats, either London or Calais, each groat for 2s, just as he is bound to the said Alan [for] through his obligation shown and produced before the lords and as he admitted himself, and ordain that letters be written to distrenzie ¹⁶him for that.

[1483/3/75]¹⁷

The action and cause pursued by Andrew Carmichael against Janet, the spouse of the late Robert Ramsay, for his costs and damages that he sustained ¹⁸through the occupation of the lands of Monktonhall, occupied by the said ¹⁹Janet, until 14 June next, with continuation of days, and ordain the depositions of the witnesses now taken to be closed, and that the said Andrew cause more witnesses to be summoned, if he has any, and the party to [be] summoned [is] to hear them sworn.

[1483/3/76]²⁰

In the action and cause pursued by Sir William of Knollis, preceptor of Torphichen, against Dean William of Calderhead, John of Whitelaw, Richard Falconer, Archibald Lammond and John Russell for the wrongful spoliation, removal and withholding from him of 39 cows and 15 stirks from the lands of Braecock pertaining to the said Sir William through tack, as is alleged, the said Sir William being present in person and the aforesaid persons being lawfully and peremptorily summoned and often called but not compearing, the lords auditors decree and deliver that the said Dean William, John of Whitelaw, Richard Falconer, Archibald Lammond and John Russell shall restore and return to the said Sir William of Knollis the said 39 cows and 15 stirks [in] as good [condition] as they were [when] taken or otherwise their [equivalent] price, that is to say, for each cow 2 merks and for each stirk 6s 8d, which goods were spulzied and taken by the said persons out of the said lands as was clearly proven before the lords, and ordain that letters be written to distrenzie them of their lands and goods for the said aforementioned goods and sums.

[1483/3/77]²¹

In the presence of the lords auditors Master Jasper of Cranstoun compeared and protested on behalf of Mary [Stewart], lady Hamilton, that the aforesaid decreet should turn neither her nor her servants to any prejudice.

[1483/3/78]²²

In the action and cause pursued by David Mercer of Innerpeffray against Humphrey Colquhoun of the Luss for the delivery and handing over to him of the charters, evidence, documents and writs of the lands of Innerpeffray, the Perth, the Smithlands of Westhill, and similarly of all charters, evidence and writs of the donation of the Chapel of [...]²³ according to the form and tenor of his reversion, as he that was warned to receive the sum contained in the said reversion and refused to receive by the said laird of Luss because it was black money, as is alleged,²⁴ both the said parties being present themselves and their procurators, and their rights, reasons and allegations at length seen, heard and understood, because it was admitted by the said David Mercer that despite the said warning made previously he was content to pay the said Humphrey the sum ²⁵contained in the reversion of the money that is now current, therefore the said lords decree and deliver that the said Humphrey shall receive the said sum contained in his reversion of the money that is now current, he being warned for 15 days for it, to be paid at the place contained in the reversion, upon which sum being paid, as said is, he shall deliver and hand over all charters, evidence, documents and writs that he has of the said aforementioned lands and chapel, according to the form and tenor of his said reversion shown and produced before the lords.

[1483/3/79]²⁶

In the action and cause pursued by Laurence [Oliphant], lord Oliphant, [...]²⁷ [against Humphrey Colquhoun of the Luss for the resignation, delivery and handing over to the said Lord Oliphant of all charters, writs, documents, evidence and possessions which he has of the lands of Ceres and Logan with their pertinents according to the form and tenor of the said Humphrey's reversion made thereupon as [he] that was warned to receive the sum contained in his reversion and refused by the said Humphrey to receive the same because it was black money, as is alleged, both the said parties being present themselves and their procurators, and their rights, reasons and allegations seen, heard and understood at length, because it was admitted by the said Lord Oliphant as [...]²⁸ aforementioned that despite the said warning made previously he was content to pay the said Humphrey the said sum contained in the reversion of the money that is now current, therefore the said lords decree and deliver that the said Humphrey shall receive the said sum contained]²⁹ in the said reversion of the money that is now current, he being warned for 15 days for it, to be paid at the place contained in the said reversion, upon which being paid, as is said, he shall deliver, resign and hand over all charters, evidence, documents and writs that he has for the said lands to the said Lord Oliphant according to the form and tenor of his said reversion shown and produced before the said lords.

[1483/3/80]³⁰

The lords auditors continue the summons between Sir Simon Humbie, vicar of Kennochy, against John of Wemyss, John of Wemyss, David Wemyss, Marchmont herald, Nicol Melville, and Andrew Young, for the spoliation of 24 bolls of meal, ³¹until 14 June next, with continuation of days, because it was alleged by the said Sir Simon that after his said meal was taken, or it was dealt with, he presented a letter of charge to them from our sovereign lord under the signet and signed by his hand, to deliver and return to him his said meal. The lords auditors appoint the said day for him to prove his said allegiance, and ordain him to have letters to summon his witnesses and the party to hear them sworn.