The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1472/42]1
Judicial proceedings: acts of the lords auditors of causes and complaints
Tercio Marcii
The lordis deliveris that Walt[er] Lindesay of Bewfort has done na wrang in the rasing and taking of xj oxin, j kow and twa horsis fra Archibald Ramsay of Pa[n]bride, because he was chargit be oure soverane lordis lettres subscrivit with his hand and under his signet for the releif of the landis of Pa[n]bride, for the quhilk he mon be responsale to oure soverane lord, and at the said Archibald is in ane unlaw of xl s.
[1472/43]2
In the actioune and cause of summondis movit be Thomas Nortoun, Inglisman, aganis thir persounis underwritin, that is to say Alexander Scot, elder, for the wrangwise withhaldin of twa Hamburgh barellis of salmond, Johne Quhitsu[m] for sevin pundis x s. of the rest of sex barellis of salmond, Stevin the Ross' for twa last and thre barelle of salmond, Johne Hadi[n]gton' for iij l. iij s. for a barell of coppis, the said personis beand peremptourly summond, thair obligatiouns sene and understandin, the lordis decretis and deliveris that the said Alexander Scot, elder, sall content and pay to the said Thomas or his factouris the said twa barellis of salmond, the said Johne Quhitsu[m] the said vij l. x s. and the said Stevin the Ross' the saide twa last of salmond and thre barellis of Hamburghe mesour, Johne Hadi[n]gton' iij l. iij s., and at lettres be writin to distrenye the said personis incontinent thair landis and gudis tharefore, and at ilkane of thaim pay xl s. of unlaw.
[1472/44]3
The lordis decretis and deliveris that William Halyburtoune sal incontinent devoid and red the landis of Dirltoun' pertenyng to Henry Cant,4and at he have na intrometting nor occupii the samyn in tym cummying without that he optene tak of the said Henry, under the paine of warding of his persoune, and at he pay xl s. of unlaw. And at lettres be writin to devoid and red the said landis of the said William and his gudis.
[1472/45]5
In the actioune and cause of summondis movit be Symon Caruth[ir]is aganis thir personis under wirtin, that is to say Johnne of Maxwell, stewart of Anandirdale for the wrangwise withhaldin of Hew Kennedy, a childe, fra the said Symon, the quhilk Hew the said Symon had be his awin consent and his frendis; and for the wrangwise distroiblans of the said Symon in the halding of his court upone his landis of Hawlathis, pertenyng to him in propirte; and for the wrangwise invasioune of the said Symon at his propir mansioune with multitude of men of armys complicez to the said Johne; and for the breking of oure soverane lordis protectioune upone the said Symon and the said Hew Kennedy to keip appointmentis and contractis maid betwix him and the said Symon as is contenit in indentouris, obligatiounes and evidentis maid tharupon with consent of his frendis; and Thomas Kennedy for the wrangwise withhaldin of xl l. fra the said Symon, the quhilk soume he has optenit upone him lauchfully; and Dauid Maxwell, George Edgare, Will Edgare, Nichol Edgare, Johne Edgare, Johne Rorison, George Nowell, George of Corry, Matho Hasty, Finlaw Chawm[er], John Portare, Robert Walles, Thom Bet, Johne Bet, Andro Atkinson, James Maxwel, Andro Kirkhalch, Will' Nowell and Will Edgare, yonger, to ansuer to oure soverane lord for the breking of his protectioune upone the said Symon in cumpany with the said Johne Maxwell, the said partiis beand present be thaimself and thair procuratouris, and compromitit thaim to bide at the deliverans of certain jugis arbitrouris nemmyt and chosin be thaim, that is to say for the said Symon, Henry Kirkpatric and Robert Carruth[ir]is, and for the said Johne Maxwel and his partii, James Auchi[n]lec and Herbert Gledstanys, and falyeing that thai couthe nocht aggre upone the said debatis, the lordis auditouris of causis and complantis to be ourman all as ane, to the quhilk deliverans the said partiis war bundin to remayne but contradictioune in tym cummyn. The allegacions of the said jugis arbitrouris beand at lynthe sene and producit befor the said lordis as ourman to the said juge arbitrouris, thai, ripely avisit, decretis and deliveris that the said Johnne withhaldis nocht the said Hew wrangwisly as is notourly knawin to thaim, and at he maid na distroiblans to the said Symon in the halding of his court and at he invadit him nocht at his mansioune withe na multitude of men of armys nor nane uthiris, and at the said Johnne nor the personis abone writin brak nocht the kingis protectioune upone the said Symon. And as twiching the fulfilling of appointmentis be the said Hew to the said Symon as he was bundin be indentouris, because that the said Symon producit ane indentour under the sele of the larde of Ouswald procurit be the said Hew as the said evidentis proportis, and the said Hew denyis the procuring of the samyn, the lordis assignis to the said Symon the xiij day of April next to cum, with continuatioune of dais, gif it be lauchful, and falyeand tharof the next lachful day tharefter, befor the lordis of oure soverane lordis counsale to preif be sufficiand witnesis that the said Hew procurit the said sele, the quhilk beand prufit the lordis of causis and complaintis as ourmen to the said jugis decretis the said Hew to keip the appointmentis to the said Symon contenit in the said indentoure. And as twiching the xl l. clamyt be the said Symon upone Thomas Kennedy quhilk he optenit lauchfully upone him, because the said Symon producit a decrete of certane jugis arbitrouris that he had optenit the said soume and the said Thomas denyit that he was bundin to bide at ony deliverans of the said arbitrouris, the lordis forsaid assignis to the said Symon the said xiij day of Aprile to preif sufficiandly that the said Thomas was bundin to abide and remayne at the decrete and sentens of the said arbitrouris. The quhilk beand prufit the lordis ordanis the said Thomas to content and pay to the said Symon the said xl l. efter the tenour of the decrete gevin be the said jugis arbitrouris of befor, and the said Symon in ane unlaw of xl s.
[1472/46]6
In the actioune and cause of summondis movit be William Henrison', Alex' Henrison', James Dicson', Johne Nicholson' and Andro Fornocht, for the wrangwise withhaldin of xxx l., in the quhilk soume the said7Cuthbert drew thaim in borowgang for him to Patric Baroune for certane dettis that the said Cuthbert aucht to the said Patric, the said Cuthbert beand lauchfully and peremtourly summond and nocht comperit nowder be himself nor his procuratouris, the lordis of causis and complaintis decretis and deliveris that the said Cuthbert sall incontinent freithe the said personys of the said soume of xxx l., and at lettres be writin to compell his persone, landis and gudis tharto.
[1472/47]8
Walt[er] Oliphant of Kelle has drawin his land and his gude law borghe that Henry Malvill of Carnbee sall be scathles of him and his partii owder in his persone, landis or gudis bot as the course of common law will under the payne contenit in the act of parliament.
[1472/48]9
In the actioun and cause of summondis movit be Schir Andro Pringil, chaplain, and Johne Spottiswod for the wrangwise spoliatioune and withehaldin of four sek of woll, iijC and xx lammys, lx stanys of cheise and v corspresandis of the teyndis of the kirk of Stow of Weddale pertenyng to thaim be reson of tak and wrangwisly spulyeit and withhaldin be the said William as was allegit, the said William beand lauchfully and peremptourly summond, oftymys callit and nocht comperit nowder be himself nor his procuratouris, the richtis and productioune of witnesis beand at lynthe sene and understandin, the lordis of causis and complaintis decretis and deliveris that the said William sall restore and deliver again to the saidis Schir Andro and Johne the said four sek of woll, iijC and xx lammys, lx of stane of cheise and v corspresandis spulyeit and withehaldin be him of the said teyndis, and at lettres be writin to distrenye him, his landis and gudis therfor and for xl s. of unlaw.
[1472/49]10
In the actioune and cause of summondis movit be Schir Edward Boncle, provest of the College of the Trinite beside the burghe of Edinburghe, aganis Thomas Blare, duelland in Hawic, for the wrangwise withhaldin of the soume of five merkis of acht to him the malis of the landis within the boundis of Hawic of v yeris bipast pertenyng to the kirk of Sowtre, and Patric Ruthirfurde for the wrangwise withhaldin of the soume of iiij l. x s. aucht to the said provest of the landis that the said Patric occupiis within the boundis of Maxtoun' of ix yeris bipast, and wrangwisly withhaldin be the said personis, the said Thomas and Patric beand lauchfully and peremptourly summond and nocht comperit nowder be himself nor his procuratouris, the rentalis of the said place of Soltre beand sene and understandin, the lordis decretis and deliveris that the said Thomas content and pay to the said Schir Edward the said soume of v merkis, and the said Patric the said soume of iiij l. x s., and at the said personys have na occupatioun nor intrometting with the said landis in tyme cummyng without that thai optene tak and set of the said provest, and at lettres be writin to distrenye thaim for the said soumys and ilkain for xl s. of unlaw.
[1472/50]11
The lordis decretis and deliveris that Henry Ca, burges of Lithq[o]w, sal content and pay incontinent to Will of Carketill, burges of Edinburghe, the soume of xj l. aucht to him for certane merchandice, and at lettres be writin to distrenye him, his landis and gudis therfor and at he pay xl s. of unlaw.
[1472/51]12
The lordis ordanis that Johne Edgare devoid and red the landis of Altoune pertenyng umquhile be resoune of tak to Thomly[n] McDowell, and at lettres be writin to the schiref to restore Margret Vaux, the spouse umquhile of the said Thomas, and hir factouris to the said tak unto the terme of Witsonday next to cum, and at the said Johne pay xl s. of unlaw.
[1472/52]13
William of Tovris of Inu[er]leith' protestit befor the lordis that, because Alane Hammylton' gert summond him to his instance and comperit nocht to folow him nowder be himself nor his procuratouris, that therfor the said Alane nor his spouse be nocht herd in jugement again the said William quhil he had pait his costis and scathtis and quhil he be new summond.
[1472/53]14
15Alex' of Lawd[ir] of Haltoun', knycht, protestit that because Alexander Dalmahoy of that Ilk has maid him to be summond to his instance and comperit nocht to folow him nowder be him self nor his procuratouris, that therfor the said Alex' be nocht herd in jugement again the said Alex' quhil he be pait of his costis and expensis and quhil he be new summond.
[1472/54]16
Schir Walt[er] Douglas, procuratour for Schir William Wallace of Cragy, knycht, protestit that because Alex' Stewart of Galftoun' gert summond him to his instans and comperit nocht to folow him nowder be him self nor his procutouris, that therfor the said Alex' be nocht herd again him in jugement quhil the said William be pait of his costis and expensis and quhil he be new summond.
- NAS, PA2/1, f.94r.
- NAS, PA2/1, f.94r.
- NAS, PA2/1, f.94r.
- Deleted - 'extending to vj akir as the said William grauntis'.
- NAS, PA2/1, f.94r-95r.
- NAS, PA2/1, f.95r.
- Sic.
- NAS, PA2/1, f.95r.
- NAS, PA2/1, f.95r.
- NAS, PA2/1, f.95v.
- NAS, PA2/1, f.95v.
- NAS, PA2/1, f.95v.
- NAS, PA2/1, f.95v.
- NAS, PA2/1, f.95v.
- Deleted - 'William'.
- NAS, PA2/1, f.96r.