[1483/6/29]¹

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

4 July the lords auditors sat

The action and cause pursued by Cuthbert of Murray of Cockpool against John [Carlyle], lord Carlyle and Robert, his son, regarding the third of the ransom of Clement of Skeltoun, Englishman, according to the form of an old act previously given by the lords of council, is continued until 12 October next, with continuation of days, and ordain that letters be written charging Master Patrick Leich, clerk register for the time, to send the depositions of the witnesses delivered to him previously taken in the said matter until the said day if they are in place, and if they cannot be obtained, that letters be given to both parties to summon witnesses again the same day, and both the parties are summoned according to the act.

[1483/6/30]²

After noon

In the action and cause pursued by John the Ross of Montgreenan and Hutcheon Wallace of the Newton, on the one part, against Hector Stewart, on the other part, for the wrongful spoliation, removal and withholding from them of certain teinds of the Raith, the Burnhouse and the Hallrig for the past two years pertaining to the said John and Hutcheon through tack, as was alleged, the said John and Hutcheon being present in person, their proof and witnesses, allegations and reasons taken in the said matter heard and understood at length, the said Hector Stewart being lawfully and peremptorily summoned and often called but not compearing, the lords auditors decree and deliver that the said Hector Stewart shall satisfy and pay the said John the Ross and Hutcheon Wallace 24 bolls of meal, priced 20s per boll, [and] 6 bolls of barley, price 24s per boll for the first year of the said two years; and for the second year 24 bolls of meal, priced 14s per boll, [and] 6 bolls of barley, priced 18s per boll, for the teinds of the said lands of Raith. And also that he shall satisfy and pay them for the teinds of the said lands of the Burnhouse and Hallrig 18 bolls of meal, priced 20s per boll, [and] 2 bolls of barley, priced 24s per boll, for the first year of the said two years; and for the second year of the said two years 14 bolls of meal, priced 14s per boll, [and] 2 bolls of barley, priced 18s per boll, which victuals were spulzied and taken by the said Hector, as was clearly proven before the lords, and ordain that letters be written to distrenzie him of his lands and goods for this and for 26s 8d for the costs of 4 witnesses who testified in this matter.

[1483/6/31]³

The lords decree and deliver that 'tarbe' Thomas Craig, James Muir, Steven Yorkston, Thomas Tate, Thomas Brown, Andrew Craig and Thomas Atkinson shall satisfy and pay Patrick Blackadder 41 bolls of oats, priced 11s per boll, and 60 threaves of straw, priced 6d per threave, pertaining to the said Patrick Blackadder and taken by the said persons from the Pentland barn, as was clearly proven before the lords, and ordain that letters be written to distrenzie them of their lands and goods for this.

[1483/6/32]⁴

In the action and cause pursued by Margaret [Hepburn], lady Dirleton, on the one part, against Alexander [Forbes], lord Forbes, son and heir of the late William [Forbes], lord Forbes, on the other part, regarding the sum of 2,000 merks claimed by the said Margaret from the said Alexander to be owed to her for the double of the value of his marriage, which marriage pertained to her through a gift from our sovereign lord, and the said Alexander has married without her consent, he being previously commanded and charged to have married Margaret Kerr, the daughter of the said Margaret, lady Dirleton, which was not an unequal match for him, as was openly shown by our sovereign lord's letters executed and authentically endorsed, both the said parties being present, and their reasons and allegations heard and understood, the lords auditors of causes and complaints decree and deliver that the said Alexander, lord Forbes shall satisfy and pay the said Margaret, lady Dirleton and her aforesaid assignee, the double of the value of his marriage, and appoint the coming 11 July present,⁵ with continuation of days, for her to prove the value of his marriage according to the form of law, and that our sovereign lord's letters required for the said proof be given to her for that, and both parties are personally summoned according to the act.

[1483/6/33]⁶

In the action and cause pursued by Alexander Scott, clerk register and parson of Philorth, against William of Carnequhyn, for the wrongful withholding from the said Alexander of the sum of £25 of the rest of the sum of £50 of the fruits of the said parsonage of Philorth, through his obligation shown and produced before the lords, the said Alexander, being present in person, and the said William lawfully and peremptorily summoned and often called but not compearing, the lords auditors decree and deliver that the said William shall satisfy and pay the said Alexander the said sum of £25 for the fruits of the said parsonage of the rest of the said sum of £50,⁷and ordain that letters be written to distrenzie him of his lands and goods for the said sum of £25. And as for the costs and expenses incurred by the said Alexander for this, the lords ordain that summons be given for the said William Carnquhyn for that.

[1483/6/34]⁸

The lords appoint 11 July, with continuation of days, for James Hamilton to show by sufficient document that Alexander Littlejohn had power to set the lands of Silverton Hill, pertaining to Robert Callender and Elspeth, his spouse, to him, which, if he does not do, he [must] withdraw from and clear the same to be used and enjoyed by the said Robert and Elspeth, his spouse, and both parties are summoned according to the act.

[1483/6/35]⁹

In the action and cause pursued by John Alanson and Agnes, his spouse, on the one part, against John of Drummond of Stobhall, on the other part, for the wrongful occupation, labouring and withholding of the fourth part of the lands of Pothill and Putyoche with the brieves of the same with their pertinents, lying in the stewartry of Strathearn within the sheriffdom of Perth, pertaining to the said John and Agnes through tack made to them by William Fullarton, and also against the said William Fullarton for the warrandice of the said lands to the said John Alanson and his spouse according to the form of the said William's lease, shown and produced [before the lords], the said John Alanson being present in person, and the said William Fullarton being lawfully and peremptorily summoned and often called but not compearing, the lords auditors decree and deliver that the said John of Drummond does wrong by occupying and labouring the said fourth part of the lands of the Pothill and Potyoche, and therefore [the lords] ordain him to withdraw from and clear the same in favour of the said John Alanson and his spouse, to be used and enjoyed by them, and that the said William Fullarton shall warrant the said lands to the said John Alanson and his spouse according to the form of his lease made under his seal to them for that and that our sovereign lord's letters be directed for this.

[1483/6/36]¹⁰

The lords continue the action and cause between Elizabeth Dunbar, lady of Luss against Humphrey Colquhoun of that Ilk regarding the production of the said Humphrey's proof that the debts that his father owed at the time of his death exceed the quantity and value of his movable goods and of the debts that were owed to his said father, until 12 October next, with continuation of days, and ordain that the witnesses who were now summoned under pain of their imprisonment but did not compear [are to] be summoned again on the said day, under the pain of rebellion and their being put to the horn, and that letters be given for that, and both parties are summoned according to the act.