[1483/3/146]¹

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

16 April

Sitting were [James Livingston], bishop of Dunkeld [and] chancellor, [Andrew Pictoris], bishop of Orkney, [Colin Campbell], earl of Argyll, [Andrew Stewart], lord Avondale, [Robert Lyle], lord Lyle, [George Shaw], abbot of Paisley, [David Livingston, provost of Lincluden], keeper of the privy seal, [Archibald Whitelaw], secretary, John Ross, Master Richard Lawson.

[1483/3/147]²

The lords ordain that letters be written to David Ogilvy of that Ilk, Alexander Lovell of Ballumbie, James of Crichton of Feldy and James of Rhynd of Broxmouth, joint sheriffs in that part, charging them that they call [Alexander Lyon], lord Glamis, Master John Lyon and James Scrimgeour, on the one part, and Sir James Ogilvy of Airlie and his son, on the other part, before them and that they obtain proof and information [about] how much goods, cattle or sums of money was taken by either of the said parties, their men or servants, from the other party or from any of their men, servants or tenants, and in particular from the lands of Kynnalty³ by either of the parties, and as much as is proved to be taken before them they make the same be restored and returned to the persons and ground they were taken from, and compel and distrenzie the said principal parties stated above of their lands and goods for the restoring thereof, which restoration shall not be of prejudice to either of the parties that have the claim and action debatable regarding the lands upon which this debate is moved. And further the lords ordain that letters be written to the sheriffs of Forfar, Kincardine, Perth and Fife and their deputies charging them to summon, if they can be apprehended, and failing that at their dwelling places, if they have any, and, if they cannot be apprehended or have no dwelling places, at the market cross of the aforesaid shires, all the persons whose names shall be given to them in writing in a porteous under the signet, to compear in person before our sovereign lord and his justice at Edinburgh or wherever his highness happens to be at the time on 26 June next, with continuation of days, to submit to the law for the severe robbery of our sovereign lord's lieges and for other actions to be contained in the dittay which will be made for that, and that the said sheriff of Forfar and his deputies summoned the barons and freeholders within the bounds of his office to the number of 30 or 40 persons least suspect to compear before the justice [on] the said day and place to pass on the assise in the said action, and their letters duly executed and endorsed to be sent again on the said day by the said sheriffs.

[1483/3/148]⁴

The aforesaid day after noon

Sitting were [William Scheves], archbishop of St Andrews, [James Livingston], bishop of Dunkeld [and] chancellor, [Andrew Pictoris], bishop of Orkney, [David Lindsay], earl of Crawford, [Colin Campbell], earl of Argyll, [Andrew Stewart], lord Avondale, [Alexander Lyon], lord Glamis, [Robert Lyle], lord Lyle, [Laurence Oliphant], lord Oliphant, [John Kennedy], lord Kennedy, [John Carlyle], lord Carlyle, [George Shaw], abbot of Paisley, [Archibald Whitelaw], secretary, Thomas Fotheringham, John Ross, Master Richard Lawson.

[1483/3/149]⁵

Regarding the complaint made by our sovereign lady the queen about the taking from her of the lordship and lands pertaining to the late Robert [Boyd], lord Boyd and of Kilmarnock castle, with their pertinents, which were previously given to a right high and mighty prince James [Stewart], duke of Rothesay, in property, principality and heritage, and thereafter [given] to our said sovereign lady for the adornment of her person until the [perfect] age of our said lord the prince, the abovewritten lords of council, understanding and knowing well that the said lordships, lands and castle with their pertinents were and are given to our said lord the prince and to our sovereign lady as is written above by our sovereign lord, with [the] advice and consent of all the estates of the realm in full parliament, therefore decree and deliver that by way of justice his majesty should cause our sovereign lady to have the said Kilmarnock castle immediately restored and make her and her factors be answered and obeyed in the paying of all mails, fermes, annuals, rents and duties whatsoever from the same, to be used and enjoyed by her according to the form of the gift made to her serenity thereupon until our said lord the prince's [perfect] age, and thereafter to be used and enjoyed by him in property and heritage according to the form of his infeftment made to him in parliament, as is said, despite the alleged gift made by our sovereign lord to James Boyd or any other persons since the first gift made to our said lord the prince in parliament after the forfeiture of the said late Robert, lord Boyd, which alleged gift of the said lordship and lands made to the said James Boyd or any others, except the gift made to our sovereign lady for certain time, as is said, was, is, or may be of no force, strength or effect or value in the future, as it is given in the youth and tender age of our said lord the prince who is the proprietor of the said lands and lordships, which was contrary [to] law and justice, and therefore [the lords] ordain letters to be directed under the privy seal for the deliverance of the said castle to our said sovereign lady and her factors, and for the answering and obeying of her and them in the paying of the mails, fermes, annuals, rents and duties of the aforesaid lands and lordships.