[1483/10/12]¹

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

9 October

In the action and cause pursued by Patrick Vaus and a reverend father in God George [Vaus], bishop of Galloway, his tutor, on the one part, against Sir William Stewart of Dalswinton, knight, and Euphame, his spouse, on the other part, for the wrongful occupation, labouring and manuring of the lands of Barnbarroch, lying in the barony of Carnysmile within the sheriffdom of Wigtown, and for the wrongful collection, raising and withholding of the mails, fermes, profits and grassums with other duties for the terms of the past 6 years, as is alleged, the said reverend father being present in person, and the said Sir William Stewart and Euphame, his spouse, being lawfully and peremptorily summoned, often called but not compearing, the lords auditors decree and deliver that the said Sir William and Euphame, his spouse, do wrong in the occupation of the said lands since the said Patrick Vaus entered the same, and therefore [the lords] ordain them to withdraw from and clear the same for him, and that the said Sir William and Euphame shall refund and pay back to the said Patrick the mails, fermes and duties of the said lands, in so far as he can prove before the sheriff of Wigtown that they have been collected since his said entry, and that letters be written to the said sheriff charging him to take the said proof before him and warn the parties to be present.

[1483/10/13]²

In the action and cause pursued by Sir David Methven, chaplain, master and procurator of the hospital and house of Our Lady and to the beadsmen of the same, on the one part, against John of Shoreswood and James of Shoreswood, for the wrongful detention and withholding of the annual of the Bedshiel for the past three terms, totalling the sum of £40, as is alleged, both the said parties being present, and their reasons and allegations heard and understood, the lords auditors decree and deliver that the said John of Shoreswood shall satisfy and pay the said Sir David and aforesaid beadsmen the sum of £5 for the term of last Martinmas [11 November], because he intromitted with the goods of the late Thomas of Shoreswood, his father, who was a tenant of the said lands, and because the said John and James agreed in the presence of the said lords to pay £5 for the last Whitsunday [18 May] term, the lords ordain that they be compelled and distrenzied for that. And regarding the two terms' mail for Whitsunday and Martinmas a year ago, the lords ordain the said Sir David and beadsmen to call the executors of the said late Thomas and pursue them for that before the judge ordinary as is fitting, and that our sovereign lord's letters be directed for this.

[1483/10/14]³

Regarding the action pursued by Thomas Campbell of Skeldon against Fergus Ferguson, son and heir of the late John Ferguson of Kilkerran, for the wrongful withholding from the said Thomas of the sum of 40 merks according to the form of an obligation made by the said late John, because it was alleged by the procurators of the said Fergus that there are movable goods to pay the said sum, and that the executors should be called for that and not the heir, the lords therefore appoint 9 February next, with continuation of days, for the said Fergus to prove his said allegation, and failing that, that the said Fergus, as aforesaid heir, shall satisfy and pay the said sum of 40 merks to the said Thomas, and that our sovereign lord's letters be directed for this.

[1483/10/15]⁴

Dean Thomas Forhouse, canon of Dryburgh, compeared before the lords auditors and protested that because Armilton pursuivant caused him to be summoned but did not compear to pursue him, that therefore the said Armilton shall not be heard against him in judgement until he has paid his costs and expenses and until new summons [are issued for him].

[1483/10/16]⁵

After noon

The lords auditors decree and deliver that Thomas Forest, burgess of Linlithgow, shall satisfy and pay Marjory Carkettle, the spouse of the late William of Carkettle, burgess of Edinburgh, the sum of £40 4s and 6d of the rest of a greater sum for which he is bound to the said Marjory by his obligation, shown and produced before the lords, and ordain that our sovereign lord's letters be directed to distrenzie him of his lands and goods for this.

[1483/10/17]⁶

The lords decree and deliver that John of Bonkle, burgess of Edinburgh, shall satisfy and pay Ellen Carkettle the sum of £5 groat, for each pound groat 7 nobles Scottish money, for which he is bound to the said Ellen by his obligation written with his own hand shown and produced before the lords, and ordain that our sovereign lord's letters be directed to distrenzie him of his lands and goods for this.

[1483/10/18]⁷

[Deleted text:] The lords auditors decree that Ninian of Peebles shall relieve and keep John of Bonkle uninjured at the hands of Ellen of Carkettle, regarding the payment of the sum of £5 groat of Flanders money.

[1483/10/19]⁸

⁹The action and cause pursued by Alexander Smerles against Gilbert MacGhie [...]¹⁰

[1483/10/20]¹¹

The lords auditors appoint 9 February next, with continuation of days, for Henry Preston to prove that David Bridin, Robert Innerwick, Gilbert Tweedy, Andrew Henderson and Henry Bartholomew spulzied and took from the said Henry 80 ewes and a horse and a pair of brigandines, and if James Gifford of Sheriffhall wrongly withholds the said goods and they come to his use, and that letters be given to him to summon his witnesses, and both parties are summoned according to the act.