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

21 March

Sitting were the lords of council, that is to say, [William Scheves], archbishop of St Andrews, [James Livingston], bishop of Dunkeld [and] chancellor, [William Elphinstone], bishop of Ross, [David Lindsay], earl of Crawford, [Colin Campbell], earl of Argyll, [Andrew Stewart], lord Avondale, [Alexander Lyon], lord Glamis, [Laurence Oliphant], lord Oliphant, [William Knollis], preceptor of Torphichen, [Alexander Inglis], archdeacon of St Andrews, John Ross, Master Richard Lawson.

The lords continue the action between Master Anthony of Murray and John of Murray regarding £48 13s 4d of the mails of Strathearn is continued3 until 8 April, with continuation of days, and ordain that the witnesses who were summoned by John of Murray and did not compear [are to] be summoned again for the said day to testify in the action and to be warded for their absence and disobedience, and 4[the lords] appoint the same day for John of Murray to prove that he offered payment to the said Master Anthony of black money of a certain sum, and of how much, and that the said Master Anthony refused to receive it. And also the lords ordain the said John of Murray to pay the receiver £15 for 5three terms for the wild horses that he has from our sovereign lord, and if it pleases him to be discharged of the horses in the future, deliver them and the place 6as he received them to the receiver and he shall be discharged of it.

The aforesaid day after noon

Sitting were the lords auditors, that is to say, [William Elphinstone], bishop of Ross, [Alexander Inglis], archdeacon of St Andrews, [Laurence Oliphant], lord Oliphant, [Alexander Lyon], lord Glamis, [William Knollis], preceptor of Torphichen, Master John Lyon, John Napier, Master Richard Lawson.

The lords appoint 10 April next, with continuation of days, for Christian Bonar to prove that William Bonar, her father, gave John Arnott of that Ilk the sum of 200 merks for the marriage to be completed between the son of the said John Arnott and the said Christian, and also to prove that the said sum of 200 merks was appointed to her by her said father in case the said marriage failed, and ordain her to have letters to summon her witnesses, and that James Bonar now summoned but not compearing be summoned to compear on the said day and bring the indentures on the said day made between the said late William and the said John Arnott for the verification of this matter, under the pain of warding of his person, and the said Christian and the procurators of the said John Arnott are summoned according to the act to compear on the said day to hear the witnesses sworn.

The lords decree and deliver that John Mann, burgess of Linlithgow, shall satisfy and pay Thomas of Carkettle, burgess of Edinburgh, 10 dicker of hides of good and sufficient merchant ware owed by the said John to the said Thomas for certain merchandise, as was proved by his obligation written with his own hand, shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for that. And the said John was summoned to this action but did not compear.

The lords decree and deliver that John Dickson of the Smithfield and William Dickson, bailies of Peebles, shall satisfy and pay Ellen of Carkettle, the spouse of the late Adam of Carkettle, a sack of wool of good and sufficient merchant ware for which they are bound to the said Ellen as was proven by her account book written with their own hands, shown and produced before the lords, and ordain that letters be written to distrenzie them of their lands and goods for the said wool.

The lords decree and deliver that John Stevenson, burgess of Aberdeen, shall satisfy and pay John of Knollis, burgess of the said burgh, the sum of £4 groat of Flanders money, for each £1 groat 5 Scottish merks, for which he is bound to the said John by his obligation shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for that.12

The lords decree and deliver that William Malisson, burgess of Aberdeen, shall satisfy and pay 14Sir William of Knollis, assignee to Master Adam of Gordon, the sum of £10 groat of Flanders money, for each £1 groat 5 Scottish merks, for which he is bound by his obligation shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for that.

  1. NAS, CS5/1, f.19r.
  2. NAS, CS5/1, f.19r.
  3. Sic.
  4. Deleted - 'contar'.
  5. Deleted - 'the'.
  6. Deleted - 'to the resa'.
  7. NAS, CS5/1, f.19v.
  8. NAS, CS5/1, f.19v.
  9. NAS, CS5/1, f.19v.
  10. NAS, CS5/1, f.20r.
  11. NAS, CS5/1, f.20r.
  12. Deleted - 'And also the lords decree'.
  13. NAS, CS5/1, f.20r.
  14. Deleted - 'Master Adam of Gordon'.