CIVIL CAUSES

ACTS of the LORDS of COUNCIL in CIVIL CAUSES
Volume I. 1478 – 1495

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ACTS of the LORDS of COUNCIL in CIVIL CAUSES
Volume II. 1496-1501

Scotland. Privy Council. The Acts of the Lords of Council In Civil Causes. [Edinburgh], 18391918. Digital Repository: HathiTrust.

Context for the Source

The Acts of the Lords of Council in Civil Causes (also styled Acta Dominorum Concilii) is one of the most important surviving records of late medieval and early modern Scottish governance and justice. It preserves the decisions of the Lords of Council — the king’s chief advisory and judicial body — in a wide range of civil disputes involving land, inheritance, debt, contracts, and family affairs. Volume II covers the period 1496–1501 (during the reign of James IV), together with selected earlier acts from 1469–1483, at a time when the Scottish crown was strengthening central authority and the legal system was becoming more formalized. These records offer direct, contemporary evidence of how ordinary and elite Scots navigated property rights, feudal obligations, and royal justice, often revealing the social and economic networks that underpinned local communities.

For Guthrie genealogy research, the volume is particularly valuable because the family was firmly rooted in Angus (Forfarshire), with documented branches in Guthrie itself, Brechin, and Dundee. The index entries reference Sir Alexander Guthrie, Mr David Guthrie (who served as Clerk Register and provost of Guthrie), widows such as Christian (relict of George Summer of Balzeordie) and Elizabeth (relict of Alexander Maule), James Guthrie, Marion Guthrie in Dundee, and associated lands including the Eastertoun and Kirktoun of Guthrie. These mentions frequently appear in the context of land transactions, inheritance claims, and legal sureties — precisely the types of records that help confirm relationships, establish timelines, identify spouses and connections to other families (e.g., Maule, Annand, Lyn), and locate individuals within the feudal and burghal structures of late fifteenth- and early sixteenth-century Scotland. In short, the acts provide primary-source anchors that can corroborate or extend traditional genealogical sources such as charters, testaments, and later parish registers.

Acts of the Lords of Council in Civil Causes – Guthrie Index & Navigator
Editor: George Neilson, LL.D., and Henry Paton, M.A.
Coverage: A.D. 1496–1501 with some Acta Auditorum et Dominorum Concilii A.D. 1469-1483

Acts of the Lords of Council in Civil Causes, Vol. II, Page xcviii (Preliminary material / Spottiswood’s Abstracts of the ancient Books of Decrees and Acts)

Date: 17 May 1469 – 22 November 1470 (first Book described)

Guthrie(s) Identified:

• Mr. David Guthrie (of that Ilk)

Role:

• Judge / member of the Lords of Council / Session in civil causes (pre-College of Justice)

Summary Transcription: Spottiswood’s abstract of the first Book of Decrees and Acts (17 May 1469 – 22 November 1470) lists the judges then sitting. Among the barons and legal figures appears Mr. David Guthrie, named immediately after Mr. Archibald Cockburn in the sederunt. The Session at this time was ambulatory, sitting in Edinburgh, Stirling, Perth, and Falkland. The text notes that actions concerning land (spoliation, intrusion, etc.) were typically decided after an inquest of twelve men knowledgeable about the lands in question, with an example given of a 1469 case between Nicol Forman of Hutton and George Ker of Samuelston.

Modern English Translation: Spottiswood’s summary of the first register of decrees and acts (May 1469 – November 1470) records the judges then serving. Among the barons and legal officers is listed Mr. David Guthrie, placed directly after Mr. Archibald Cockburn. The court still travelled with the king and sat in Edinburgh, Stirling, Perth, or Falkland. Land disputes were commonly resolved through a sworn inquest of twelve local men who knew the ground; the text gives the 1469 case of Nicol Forman of Hutton against George Ker of Samuelston as an illustration of this procedure.

Historical Significance: This page preserves (via 17th-century abstract) the composition of Scotland’s highest civil court in the late 1460s, just before the more formal College of Justice was created in 1532. It shows the still-ambulatory nature of the Lords of Council and the practical use of local inquests in land cases.

Genealogical Significance: Confirms that Mr. David Guthrie of that Ilk held a prominent judicial position in 1469–1470, sitting among the elite barons and legal officers of the realm. This early reference supports his later identification in the volume as Clerk Register and provost of Guthrie, anchoring the Angus/Forfarshire Guthrie line in central government and legal administration during the reign of James III.

Legal Terms and Scottish Practices:

• Ambulatory Session: The pre-1532 supreme civil court travelled with the king.
• Sederunt: Daily list of judges present.
• Inquest of twelve men: Early jury-style inquiry into land possession disputes.
• Clerk Register: One of the Officers of State (a post later associated with this David Guthrie).

Acts of the Lords of Council in Civil Causes, Vol. II, Page 53 (17 January 1496–97)

Date: 17 January 1496–97

Guthrie(s) Identified:

• Sir Alexander Guthrie of that Ilk, knight
• John Guthrie (listed among the witnesses)

Role:

• Sir Alexander Guthrie of that Ilk: Pursuer / claimant in an action concerning wrongful detention and spuilzie of grain; became pledge before the justice in the justice aire of Dundee.
• John Guthrie: Witness (one of the persons summoned to give evidence).

Summary Transcription: Aneent the terme assignit to Schir Alexander Guthre of that Ilk, knycht, agane Jhone Dempster of Ouchterles to preif sufficientlye the wrangus detencione and withhalding fra him of xl chalder of aitis, ten chalder of bere, half a chalder of pess spuilzeit and takin fra the sade Jhone out of the landis of Pettintostale be Wilzeam Carmichell, and the sade Schir Alexander became plege before the justice in the justice aire of Dundee… The saidis partiis comperand be thair selff and thair procuratouris, and the saidis persons witnes being lauchfully summond, oft tymes callit and nocht comperit, the Lordis of Consale ordanis that letters be writin to summon the saidis persons witnes til compere the xxiij day of May next tocum, with continuacione of dayis, under greter panys because thai war summond now and comperit nocht… and the partiis ar warnit be thair selff and thair procuratouris apud acta.

Modern English Translation: Concerning the term assigned to Sir Alexander Guthrie of that Ilk, knight, against John Dempster of Auchterless to sufficiently prove the wrongful detention and withholding from him of 40 chalders of oats, 10 chalders of bere, half a chalder of pease spuilzied and taken from the said John out of the lands of Pettintostale by William Carmichael; and the said Sir Alexander became pledge before the justice in the justice aire of Dundee… The said parties appearing by themselves and their procurators, and the said persons being lawfully summoned as witnesses, often called and not appearing, the Lords of Council order that letters be written to summon the said persons as witnesses to compear on the 23rd day of May next, with continuation of days, under greater pains because they were summoned now and did not compear… and the parties are warned by themselves and their procurators apud acta.

Historical Significance: This entry illustrates the Lords of Council’s role in enforcing the production of evidence in civil disputes over land and moveable goods (here, grain spuilzie) in the late 15th century. It shows the court using continued diets and the threat of greater penalties to compel the attendance of witnesses, especially when previous summons had been ignored “because of the war.” The reference to the justice aire of Dundee and the earlier act by the Lords of Council highlights the interaction between central and local justice systems.

Genealogical Significance: Directly names Sir Alexander Guthrie of that Ilk, knight as the active pursuer in a property dispute involving lands in the Dundee/Brechin area and confirms his status as a substantial landowner capable of acting as pledge in the justice aire. The appearance of John Guthrie among the listed witnesses (alongside citizens of Brechin and other local figures) suggests he was part of the same regional network. These details strengthen the Angus/Forfarshire Guthrie lineage in the late 15th century and link Sir Alexander to ongoing legal and landholding activity that continues in later entries (pp. 54, 144, 298, etc.).

Legal Terms and Scottish Practices:

• Spuilzie: The wrongful taking or spoliation of goods or produce (here grain).
• Plege (pledge): One who stands surety or becomes bound for another’s appearance or performance.
• Justice aire of Dundee: The circuit court held by the justice in the Dundee district.
• Comperit / compear: To appear in court.
• Apud acta: “At the acts” — the parties were formally warned in open court and the warning recorded in the record itself.
• Continuation of days: Postponement of the case to a later date.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 138 (15 March 1497–98)

Date: 15 March 1497–98

Guthrie(s) Identified:

• Walter Guthrie

Role:

• Cautioner / surety for Gelis Stewart, Lady of Inverlunan (Innerlownan), in respect of a debt to the late Alane Kinnaird of that Ilk

Summary Transcription: Guthrie. Lady Inverlunan. Caution. Protestation.

“Comperit before the Lordis Gelis Stewart, Lady of Innerlownan, and protestit that because Walter Guthre . . . . . . . for the wrangus detencione and withhalding fra him of the soume of xxxiiij merkis usuale money of the realme, for the quhilk scho causit the sade Walter til be[cum] souerte for hir til unquhile Alane Kynnard of that Ilk, and band and oblisit hir to releif and keip skaithles the sade W[alter] of the payment thareof, etc., and wald nocht compere to folow [hir], that tharefore he suld nocht be herd in jugement quhil he refoundit the costis, skaithis and expenses sustenit be hir herethrow [and] quhil scho war new new summonned.”

Modern English Translation: Guthrie. Lady Inverlunan. Caution. Protestation.

Gelis Stewart, Lady of Inverlunan, compeared before the Lords and protested that because Walter Guthrie [had become cautioner] for the wrongful detention and withholding from him of the sum of 34 merks usual money of the realm, for which she had caused the said Walter to become surety for her to the late Alane Kinnaird of that Ilk, and had bound and obliged herself to relieve and keep the said Walter skaithless of the payment thereof, etc., and [he] would not compear to follow [her], therefore he should not be heard in judgment until he refunded the costs, skaiths and expenses sustained by her thereby, and until she was newly summoned.

Historical Significance: This entry shows the Lords of Council dealing with a protestation arising from a cautionary obligation. It illustrates how a principal (here the Lady of Inverlunan) could bind herself to indemnify her cautioner, and how failure by the cautioner to appear could lead to a formal protest that he be barred from being heard until he made good the expenses caused by his non-appearance. The case also reflects the ongoing use of personal suretyship in debt and land-related disputes in the late 15th century.

Genealogical Significance: Names Walter Guthrie as cautioner/surety in a financial obligation linked to the late Alane Kinnaird of that Ilk and Gelis Stewart, Lady of Inverlunan. This places him in a network of legal and financial relationships in Angus/Forfarshire circles during the 1490s. It is consistent with other Guthrie appearances in the volume involving land, debt, and local suretyship (e.g., Sir Alexander Guthrie’s entries). Location note: Inverlunan (likely in Angus) and connections to Kinnaird of that Ilk reinforce the regional Angus/Forfarshire Guthrie presence.

Legal Terms and Scottish Practices:

• Caution / Cautioner: A surety or guarantor who becomes bound for another’s debt or appearance.
• Skaithless: Harmless; to “keep skaithless” means to indemnify or protect from loss or damage.
• Protestation: A formal statement or objection entered on record to protect one’s rights or position.
• Compear / comperit: To appear in court.
• Refound: To repay or make restitution for costs and expenses.
• Unquhile: Late / deceased (referring to Alane Kinnaird).

Acts of the Lords of Council in Civil Causes, Vol. II, Page 141

Date: 17 March 1497–98

Guthrie(s) Identified:

• Christiane of Guthre (Christian Guthrie)

Role:

• Pursuer in an action for teinds (tithes) and associated costs, damages, and expenses against John Dempster of Ouchterles (Auchterless)

Summary Transcription: “Aneent the accione and cause persewit be Cristiane of Guthre agane Jhone Dempster of Ouchterles for the costis, skaithis, dampnage and expenses sustenit be hir throw the wanting of the teynd schaffis of the landis of Barowny, with the pertinence, be the space of xij yeris bigane, and in persewing of the sadis teyndis before the Lordis of our soverane Lordis Consale and raising of divers letters of summonndis, actis and decretis thareappone, extending be gude estimacioun to the soume of lx of merkis, the quhilkis teyndis pertenit to the sade Cristiane be ressone of tak and war takin up and withhaldin be the sade Jhone and he adjugit til restore the sammyn, like as ane decret gevin be the Lordis thareuppone proportis; and als for the costis, dampnage, skaithis and expenses sustenit be hir throw the wanting of vij oxin with the labouris and proffittis that scho micht haf had thareof be the space of xij yeris bigane, extending to the soume of xviij merkis… Baith the sadis partiis being personaly present, the sade Cristiane deferrit the costis, skaithis, dampnage and expenses sustenit be hir throw the wanting of the sadis teynd schaffis of the landis of Barowny, extending to the sade soume of lx of merkis, to the aith of the sade Jhone Dempster, the quhilk Jhone be his gret [aith] swere the sammyn (sic), tharefore the Lordis of Consale decernis him qwyt thareof; and because it was allegit be the sade Jhone that he had payit the principale soume and that scho had dischargit him of the costis, dampnage and expenses sustenit be hir throw the wanting of the sade vij oxin with the labouris and proffittis that scho micht haf had thareof and offerrit him til preif the sammyn, tharefore the Lordis of Consale assignis him the last day of this instant moneth of March, with continuatioun of dais, til preif sufficiently his allegeance abonewrittin, and in the menetyme contenewis . . . . . . . . . ; and ordanis him til laif letters til summon his witnes, and that the deposicions of the witnes producit be the sade Cristiane now takin be closit quhil the sade day; and the partiis ar warnit hereof apud acta.”

Modern English Translation: Concerning the action and cause pursued by Christian Guthrie against John Dempster of Auchterless for the costs, skaiths, damages and expenses sustained by her through the lack of the teind sheaves of the lands of Barowny with the pertinents for the space of eleven years past, and in pursuing the said teinds before the Lords of our Sovereign Lord’s Council and raising of divers letters of summons, acts and decreets thereupon, extending by good estimation to the sum of 60 merks, which teinds pertained to the said Christian by reason of tack and were taken up and withheld by the said John, who was adjudged to restore the same, as a decreet given by the Lords thereupon bears; and also for the costs, damages, skaiths and expenses sustained by her through the lack of five oxen with the labours and profits that she might have had thereof for the space of eleven years past, extending to the sum of 18 merks… Both the said parties being personally present, the said Christian deferred the costs, skaiths, damages and expenses sustained by her through the lack of the said teind sheaves of the lands of Barowny, extending to the said sum of 60 merks, to the oath of the said John Dempster, which John by his great oath swore the same; therefore the Lords of Council decern him quit thereof; and because it was alleged by the said John that he had paid the principal sum and that she had discharged him of the costs, damages and expenses sustained by her through the lack of the said five oxen with the labours and profits that she might have had thereof, and offered to prove the same, therefore the Lords of Council assign him the last day of this instant month of March, with continuation of days, to sufficiently prove his allegation above written, and in the meantime continue…; and ordain him to raise letters to summon his witnesses, and that the depositions of the witnesses produced by the said Christian now taken be closed until the said day; and the parties are warned hereof apud acta.

Historical Significance: This entry demonstrates the Lords of Council’s handling of teind (tithe) disputes arising from leases (“tak and war”), including claims for lost profits from both the teinds themselves and associated agricultural resources (oxen and labour). It shows the use of deferring costs to the defender’s oath, the recording of personal appearances, and the careful management of witness evidence through closed depositions and continued diets.

Genealogical Significance: Names Christiane of Guthre (Christian Guthrie) as the active pursuer in a substantial teind and damages claim against John Dempster of Auchterless. This aligns with her identification in the volume’s index as widow of George Summer of Balzeordie and confirms her ongoing legal activity in Angus/Forfarshire land and teind matters in the late 1490s. The reference to the lands of Barowny and the 11-year period of withholding provides useful chronological and locational context for the Guthrie–Summer family interests.

Legal Terms and Scottish Practices:

• Teynd schaffis / teinds: Tithes, specifically sheaves of grain.
• Tak and war: Lease/tack and associated rights or war (possibly “war” as in warrant or a specific tenure term).
• Dampnage and skaithis: Damages and losses/harm.
• Deferrit to the aith: Referred the matter to the oath of the other party (a common form of proof).
• Decernis him qwyt: Decrees him quit/freed from the claim.
• Apud acta: The parties were formally warned in open court.
• Continuation of days: Postponement to a later diet.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 144

Date: 19 March 1497–98

Guthrie(s) Identified:

• Sir Alexander Guthrie of that Ilk, knight

Role:

• Defender / party required to restore grain (oats, bere, and pease) to John Dempster of Auchterless after failing to prove restoration and payment; subject to distraint of his lands and goods

Summary Transcription: Dempster of Auchterless. Guthrie of that Ilk. Restitution of goods. Delay of distraint by consent. See pp. 53, 141.

“Aneent the terme assignit be the Lordis of Consale to Schir Alexander Guthre of that Ilk til preif sufficientlye that xl chalder of aitis, x chalder of bere and half a chalder of pese, tane furth of the landis of Pettintynis (?), war restit and deliverit agane to Jhone Dempster of Ouchterles and that he was payit of the sammyn, like as is at mare lenth contenit in ane act and decret gevin thareapone: Baith the saidis partiis being personaly present, thare richtis, ressons and allegaciones being herd, sene and understandin, the Lordis of Consale decretis and deliveris, with consent of the sadis partiis, that the sade Alexander Guthre sall restore and deliver to the sade Jhone Dempstar, because the sade Alexander failzeit in his preif the terme assignit til him, as sade is; and with consent of the sadis [partiis] the Lordis supersedis the executione of the distrinzeing of the sade Alexander Guthre quhil the xxii day of March in the yere of God jmviiij nynti and aucht yeris, at the [ischey] and end of the sade xxii day of March the yere of God foresaid, that letters be writin til compell and distrinze his landis and gudis tharefore.”

Modern English Translation: Dempster of Auchterless. Guthrie of that Ilk. Restitution of goods. Delay of distraint by consent. See pp. 53, 141.

Concerning the term assigned by the Lords of Council to Sir Alexander Guthrie of that Ilk to sufficiently prove that 40 chalders of oats, 10 chalders of bere and half a chalder of pease, taken out of the lands of Pettintynis (?), were restored and delivered again to John Dempster of Auchterless and that he was paid for the same, as is at more length contained in an act and decreet given thereupon: Both the said parties being personally present, their rights, reasons and allegations being heard, seen and understood, the Lords of Council decern and deliver, with consent of the said parties, that the said Alexander Guthrie shall restore and deliver to the said John Dempster, because the said Alexander failed in his proof of the term assigned to him, as said is; and with consent of the said parties the Lords supersede the execution of the distraining of the said Alexander Guthrie until the 22nd day of March in the year of God 1498, at the issue and end of the said 22nd day of March of the year foresaid, that letters be written to compel and distrain his lands and goods therefore.

Historical Significance: This entry records the final stage of a prolonged dispute (see pp. 53 and 141) in which Sir Alexander Guthrie failed to prove that grain taken from disputed lands had been restored and paid for. The Lords, with the consent of both parties, order restoration and grant a short delay before distraint (seizure) of Sir Alexander’s lands and goods can proceed. It illustrates the Council’s use of consensual procedures, proof by term, and controlled enforcement through distraint.

Genealogical Significance: Confirms Sir Alexander Guthrie of that Ilk, knight as a substantial landowner actively engaged in litigation over grain and land rights in Angus/Forfarshire. His failure to prove restoration leads to a formal order to make restitution, with temporary protection from immediate distraint. This entry links directly to his earlier appearances (pp. 53, 54, 144) and later ones in the volume, showing ongoing involvement in property and debt-related actions. Location note: Lands of Pettintynis (near Dundee/Brechin area) and connections to Dempster of Auchterless.

Legal Terms and Scottish Practices:

• Restitution of goods: Order to return or replace moveable property (here grain).
• Failzeit in his preif: Failed to prove his case within the assigned term.
• Supersedis the executione: Delays or stays the carrying out of a judgment.
• Distrinzeing / distraint: Legal seizure of lands and goods to enforce payment or restitution.
• With consent of the said parties: The decision was reached by agreement, a common way to resolve or manage disputes before the Council.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 163

Date: 31 March 1498

Guthrie(s) Identified:

• James Guthre and Katrine Lyn (Katherine Lyn), his spouse

Role:

• Defenders in an action of wrongful spoliation (spuilzie) and awaytaking of goods from the lands of Campsie in Forfarshire

Summary Transcription: “Aneent the accione and cause persewit be David Spalding, Jhone Spalding, James Spalding, Robert Spalding, Richard Spalding, and Georg Spalding aganis Nichole of Fothringham, Maister Henry Lindesay, James Guthre and Katrine Lyn, his spouse, that is to say, the sade Nichole for the wrangus spoliacione, awaytaking and withhalding fra the sadis David and Jhone Spalding out of the Kirktoune of Erly of xxii ky and oxin, the price of the pece xl s., and a horse, the price vj merkis; fra the sadis James, Robert, Richard and George of the landis of Campsy, liand in the schirefdome of Forefare, of xxxiiij ky and oxin, the price of the pece xxx s.; and the sadis Nichole and Maister Henry for the wrangus spoliacione, awaytaking and withhalding fra the sadis James, Robert, Richard and Georg, out of the sadis landis of Campsy, of twa horse and a mere, the price of the pece xl s., xv schepe, the price of the pece v [s]., with certane uther gudis of householding, extending to xl s.; and the sadis James and Katryne, his spouse, for the wrangus purchasing of the sadis letters; like as is at mare lenth contenit in the summonndis thareapone…”

The Lords find Nichole and Master Henry in the wrong regarding certain goods and ordain restitution. The entry notes that James Guthre and Katrine Lyn were involved in the wrongful spoliation and awaytaking from the lands of Campsie.

Modern English Translation: Concerning the action and cause pursued by David Spalding, John Spalding, James Spalding, Robert Spalding, Richard Spalding, and George Spalding against Nichole of Fotheringham, Master Henry Lindsay, James Guthrie and Katrine Lyn, his spouse, that is to say, the said Nichole for the wrongful spoliation, awaytaking and withholding from the said David and John Spalding out of the Kirktoun of Erly of 22 ky and oxen, the price of each 40s., and a horse, the price 6 merks; from the said James, Robert, Richard and George of the lands of Campsie, lying in the sheriffdom of Forfar, of 34 ky and oxen, the price of each 30s.; and the said Nichole and Master Henry for the wrongful spoliation, awaytaking and withholding from the said James, Robert, Richard and George, out of the said lands of Campsie, of two horses and a mare, the price of each 40s., 15 sheep, the price of each 5s., with certain other goods of householding, extending to 40s.; and the said James and Katrine, his spouse, for the wrongful purchasing of the said letters; as is at more length contained in the summons thereupon…

The Lords find Nichole and Master Henry in the wrong regarding certain goods and ordain restitution. The entry records James Guthrie and Katrine Lyn’s involvement in the wrongful spoliation and awaytaking from the lands of Campsie.

Historical Significance: This entry records a spuilzie (wrongful taking of moveable goods) action involving multiple parties in Forfarshire. The Spalding family pursued several defenders, including James Guthrie and his wife Katrine Lyn, for the awaytaking of livestock and household goods from the lands of Campsie. The Lords ordered restitution against some defenders. It illustrates the Council’s role in resolving violent or forceful dispossession of goods in rural Forfarshire.

Genealogical Significance: Names James Guthre and his wife Katrine Lyn (Katherine Lyn) as defenders in a spuilzie action concerning goods taken from the lands of Campsie in Forfarshire. This is the only appearance of this James Guthrie and his wife in the volume and provides evidence of their presence and activities in the Angus/Forfarshire area in the late 1490s. The reference to “his spouse” aligns with the index note “James, 163; his wife. See Katherine Lyn.” Location note: Campsie and Kirktoun of Erly in Forfarshire; local land and moveable property disputes.

Legal Terms and Scottish Practices:

• Spuilzie / spoliacione: Wrongful taking or spoliation of moveable goods.
• Awaytaking and withhalding: Taking away and retaining goods by force or without right.
• Ky and oxin: Cattle and oxen.
• Schepe: Sheep.
• Wrongus purchasing of the sadis letters: Wrongfully obtaining the letters of the Council (possibly to justify the taking).

Acts of the Lords of Council in Civil Causes, Vol. II, Page 175

Date: April 1498 (afternoon session)

Guthrie(s) Identified:

• Christiane of Guthre (Christian Guthrie), spouse of the late George Somer (Summer) of Balzorty (Balzeordie)

Role:

• Principal party granting a procuratory (power of attorney) in her ongoing action against John Dempster of Ouchterles (Auchterless)

Summary Transcription: “Cristiane of Guthre, the spouse of umquhile Georg Somer of Balzorty, has constituit and ordanit James Abirnethy, Andro the Hay, Georg Somer, and ather of thame, conjunctlie and severale, hir verray lauchfull and undoutable procuratouris in the accione betuex hir and Jhone Dempster of Ouchterles, etc., agane the v day of May next tocum, etc., ferme and stable haldand and for to hald al and quhatsomever thingis the sadis procuratouris or ony of thame . . . .”

Modern English Translation: Christiane Guthrie, the spouse of the late George Summer of Balzeordie, has constituted and ordained James Abernethy, Andrew the Hay, George Summer, and either of them, jointly and severally, her very lawful and undoubted procurators in the action between her and John Dempster of Auchterless, etc., until the 5th day of May next to come, etc., holding firm and stable and to hold all and whatsoever things the said procurators or any of them [shall do]…

Historical Significance: This entry records the formal appointment of procurators (legal representatives) by a widow actively pursuing litigation. It shows the practical mechanics of legal representation before the Lords of Council, allowing a party to act through trusted agents while the case continued over multiple diets. The reference to the ongoing action against John Dempster of Auchterless links it directly to earlier entries (especially p. 141).

Genealogical Significance: Explicitly identifies Christiane of Guthre as the widow (“spouse of umquhile”) of George Summer of Balzeordie and confirms her continued pursuit of the teind and damages claim against John Dempster of Auchterless. The appointment of procurators (including a George Somer, likely a relative of her late husband) illustrates family and local networks supporting her legal affairs. This strengthens the Guthrie–Summer connection in Angus/Forfarshire and aligns with her other appearances in the volume (pp. 141, 192, 247). Location note: Balzeordie (Angus) interests and ongoing litigation in the Dundee/Auchterless area.

Legal Terms and Scottish Practices:

• Umquhile: Late / deceased.
• Constitutit and ordanit… procuratouris: Formally appointed legal representatives (procurators).
• Conjunctlie and severale: Jointly and severally (any one could act for her).
• Ferme and stable haldand: Holding firm and stable (ratifying in advance whatever the procurators do).
• Procuratory: A formal power of attorney or mandate to act in legal proceedings.

Acts of the Lords of Council in Civil Causes, Vol. II, Pages 192–193

Date: 8 May 1498

Guthrie(s) Identified:

• Christiane Guthre (Christian Guthrie)
• David Guthre (witness)

Role:

• Christiane Guthre: Pursuer in ongoing action for damages (appearing by her procurator Andrew Hay)
• David Guthre: Witness summoned to give evidence in the same action

Summary Transcription: Dempster of Auchterless. Guthrie. Damages. See p. 141.

“Aneent the terme assignit be the Lordis of Consale til Jhone Dempster of Ouchterles til preif sufficiently that Cristiane Guthre dischargit him of the costis, dampnage and expenses sustenit be hir throw the wanting of vij oxin with the laubouris and proffittis that scho micht haf had thareof, like as is at mare lenth contenit in ane act and decret gevin thareapone: Baith the sadis partiis being personaly present be thameself (sic), that is to say, for the sade Cristiane Andro Hay, hir procuratour, thare richtis, ressons and allegaciones being herd, sene and understand, the Lordis ordanis that letters be writin til charge Thomas Cullais, Wilzeam Scot, Andro Murray, Wilzeam Nuddry, Georg Somyr, David Guthre, and Henri Stevinsone, til compere before the Kingis hieness and his Lordis of Consale the xxiiij day of May instant, with continuatioun of dais, til bere lele and suthfast witnessing betuex the sadis partiis in sa fer as thai knaw or salbe sperit at thame, under the pane of rebellioun and puttin of thame til the Kingis horne, because thai war chargit of before under the pane of warding of thare persons and comperit nocht; and the partiis be thame self and thair procuratouris ar warnit hereof apud acta.”

Modern English Translation: Dempster of Auchterless. Guthrie. Damages. See p. 141.

Concerning the term assigned by the Lords of Council to John Dempster of Auchterless to sufficiently prove that Christian Guthrie discharged him of the costs, damages and expenses sustained by her through the wanting of five oxen with the labours and profits that she might have had thereof, as is at more length contained in an act and decreet given thereupon: Both the said parties being personally present by themselves (that is to say, for the said Christian, Andrew Hay, her procurator), their rights, reasons and allegations being heard, seen and understood, the Lords ordain that letters be written to charge Thomas Cullais, William Scot, Andrew Murray, William Nuddry, George Somyr, David Guthrie, and Henry Stevinson, to compear before the King’s Highness and his Lords of Council on the 24th day of May instant, with continuation of days, to bear leal and soothfast witnessing between the said parties in so far as they know or shall be asked at them, under the pain of rebellion and putting of them to the King’s horn, because they were charged before under the pain of warding of their persons and compeared not; and the parties by themselves and their procurators are warned hereof apud acta.

Historical Significance: This entry continues the long-running damages action between Christian Guthrie and John Dempster of Auchterless (see p. 141 and related entries). It shows the Lords enforcing witness attendance through the severe penalties of horning (outlawry) and warding, after previous summonses had been ignored. The use of a procurator (Andrew Hay) for the pursuer and the detailed list of local witnesses illustrate standard late-15th-century Council procedure in contested proof.

Genealogical Significance: Confirms Christiane Guthre (widow of George Summer of Balzeordie) as the active pursuer, appearing through her procurator Andrew Hay in the ongoing claim for damages related to five oxen and lost labour/profits. It also names David Guthre as one of the witnesses being compelled to give evidence, linking him to the same regional network of Angus/Forfarshire families involved in the dispute. This entry strengthens the documented connections between the Guthrie and Summer families and their involvement in local land and teind-related litigation. Location note: Angus/Forfarshire (Balzeordie and associated lands); witnesses drawn from the same area.

Legal Terms and Scottish Practices:

• Dischargit him of the costis, dampnage and expenses: Released the defender from liability for costs and damages.
• Wanting of vij oxin with the laubouris and proffittis: Lack of five oxen together with the labour and profits they would have generated.
• Bere lele and suthfast witnessing: Give true and faithful evidence.
• Paine of rebellioun and puttin of thame til the Kingis horne: Penalty of being declared a rebel and outlawed (letters of horning).
• Warding of thare persons: Imprisonment.
• Apud acta: Formal warning recorded in the acts of court.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 247

Date: (Date not shown in excerpt; follows sequence after 8 May 1498; see pp. 141, 192)

Guthrie(s) Identified:

• Christian Guthre (Christian Guthrie)

Role:

• Pursuer in action for damages; successful party awarded £4 10s. in damages and expenses

Summary Transcription: “This term being assigned to John Dempster of Ouchterles, in the action between him and Christian Guthre to whom he had paid the principal sum and she had discharged him of the damage and expenses sustained by her through want of seven oxen, and both parties compearing, the Lords decern him to pay to her 4l. 10s. of damage and expense sufficiently proved.”

Modern English Translation: This term being assigned to John Dempster of Auchterless, in the action between him and Christian Guthrie — to whom he had paid the principal sum and she had discharged him of the damage and expenses sustained by her through want of seven oxen — and both parties compearing, the Lords decern him to pay to her £4 10s. of damage and expense sufficiently proved.

Historical Significance: This entry records the final decree in a prolonged litigation between Christian Guthrie and John Dempster of Auchterless over damages arising from the loss of use of seven oxen and associated labour/profits (see pp. 141 and 192–193). After multiple diets, proof, and witness summonses, the Lords award a specific sum in damages and expenses to the pursuer. It illustrates the Council’s methodical approach to contested claims and the eventual resolution through a monetary decree.

Genealogical Significance: Confirms Christian Guthre (widow of George Summer of Balzeordie) as the successful pursuer who obtained a decree for £4 10s. in damages and expenses against John Dempster of Auchterless. This provides a clear outcome to the extended series of entries concerning teinds, oxen, and lost profits, strengthening the documented legal and financial activity of the Guthrie–Summer family in Angus/Forfarshire during the late 1490s. Location note: Ongoing dispute connected to lands and interests in the Angus/Forfarshire region (Balzeordie and associated areas).

Legal Terms and Scottish Practices:

• Decern: To decree or judicially determine.
• Compearing: Appearing in court.
• Want of seven oxen: Loss of use of seven oxen and the labour/profits they would have produced.
• Discharged him of the damage and expenses: Released the defender from further liability for those items (after payment of the principal).
• Sufficiently proved: The claim for damages and expenses was accepted as proven on the evidence presented.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 255

Date: 7 July 1498

Guthrie(s) Identified:

• Marion Guthre (widow of David Annand of Kynquheres / Kinquheries), in Dundee

Role:

• Assignor of her rights (third part of redemption money from lands of Cottone of Innerpeffir) to the pursuer, Mr John Annand; the validity of her assignation is central to the action

Summary Transcription: Action by Mr John Annand, assignee to Marion Guthre, widow of David Annand of Kynquheres, against Thomas Annand of Kynequhereis for retaining from him £48 17s. 9d. owing to her as the third part of 220 merks received by the said Thomas for the redemption of the lands of Cottone of Innerpeffir wadset for that amount to his said father, David Annand. Both parties being present, the pursuer produced the assignation made to him by the said Marion, dated 30th October 1497, the instrument being taken in her house in Dundee in presence of Robert Cheild, John Lambirtoune, burgess of Dundee, and Sir John Ravin, chaplain. Mr James Henresone as procurator for the defender averred that the said Marion did not assign the foresaid third part of the money to the pursuer, and offered to prove the same; so the Lords assign to him 8th October next to prove his assertion that the deed is false, failing which he will be liable in costs.

Modern English Translation: Action by Mr John Annand, assignee to Marion Guthrie, widow of David Annand of Kinquheries, against Thomas Annand of Kinquheries for retaining from him £48 17s. 9d. owing to her as the third part of 220 merks received by the said Thomas for the redemption of the lands of Cottone of Innerpeffir wadset for that amount to his said father, David Annand. Both parties being present, the pursuer produced the assignation made to him by the said Marion, dated 30th October 1497, the instrument being taken in her house in Dundee in presence of Robert Cheild, John Lambirtoune, burgess of Dundee, and Sir John Ravin, chaplain. Mr James Henresone as procurator for the defender averred that the said Marion did not assign the foresaid third part of the money to the pursuer, and offered to prove the same; so the Lords assign to him 8th October next to prove his assertion that the deed is false, failing which he will be liable in costs.

Historical Significance: This entry records a dispute over the validity of an assignation of a widow’s terce (third part) rights in redemption money from wadset (mortgaged) lands. The Lords require proof of the defender’s claim that the assignation was not made, showing the Council’s careful handling of documentary evidence and the protection of widows’ financial interests in late 15th-century Forfarshire.

Genealogical Significance: Names Marion Guthre (in Dundee), widow of David Annand of Kinquheries, as the key figure who assigned her rights to the third part of redemption money from the lands of Cottone of Innerpeffir. The assignation was executed in her house in Dundee on 30th October 1497 before local witnesses. This entry confirms her status as a propertied widow actively managing her financial affairs and provides valuable detail on her connections to the Annand family of Kinquheries. Location note: Dundee (her house) and Forfarshire lands (Kinquheries / Kinquheres and Cottone of Innerpeffir); strong Angus/Forfarshire Guthrie–Annand connections.

Legal Terms and Scottish Practices:

• Assignee: One to whom rights have been formally transferred (here, Mr John Annand received the assignation from Marion Guthrie).
• Terce / third part: A widow’s legal right to one-third of her husband’s heritable estate.
• Wadset: A form of mortgage or pledge of land for a sum of money.
• Redemption: Repayment of the wadset sum to recover the lands.
• Assignation: Formal transfer of rights (here, of the terce money).
• Averred… offered to prove: The defender’s procurator asserted and undertook to prove that the assignation was not made.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 298

Date: 14 January 1498–99 (afternoon session)

Guthrie(s) Identified:

• Sir Alexander Guthrie of that Ilk, knight

Role:

• Party who summoned William Carmichael to relieve and keep him skaithless (indemnify him) in respect of grain claimed by John Dempster of Auchterless, but failed to compear to pursue the matter

Summary Transcription: Fol. 131b. Guthrie of that Ilk. Carmichael. Protestation.

“William Carmichael protested because Sir Alexander Guthre of that Ilk summoned him to relieve and keep him scatheless at the hands of John Dempster of Auchterles of 40 chalders of oats, 10 chalders of bere, half a chalder of pease, and others, but compeared not to pursue.”

Modern English Translation: Fol. 131b. Guthrie of that Ilk. Carmichael. Protestation.

William Carmichael protested because Sir Alexander Guthrie of that Ilk summoned him to relieve and keep him skaithless at the hands of John Dempster of Auchterless in respect of 40 chalders of oats, 10 chalders of bere, half a chalder of pease, and others, but compeared not to pursue.

Historical Significance: This entry records a protestation arising from Sir Alexander Guthrie’s failure to pursue a summons he had raised against William Carmichael for relief/indemnity in the long-running grain dispute with John Dempster of Auchterless (see pp. 53, 144, etc.). It illustrates how a party who initiated legal process could be held accountable for non-appearance, allowing the summoned person to enter a formal protest on record to protect their position.

Genealogical Significance: Names Sir Alexander Guthrie of that Ilk, knight as the party who initiated (but then failed to pursue) a summons against William Carmichael for relief in the grain/spuilzie matter involving John Dempster of Auchterless. This continues the documented pattern of Sir Alexander’s active involvement in property and debt-related litigation in Angus/Forfarshire during the late 1490s. The protestation by Carmichael highlights the interconnected legal obligations among local landowners. Location note: Angus/Forfarshire connections (Guthrie of that Ilk and Dempster of Auchterless dispute).

Legal Terms and Scottish Practices:

• Protestation: A formal statement entered on record to protect one’s rights or position when the other party fails to proceed.
• Relieve and keep him scatheless (skaithless): To indemnify or protect from loss or liability.
• Compeared not to pursue: Failed to appear in court to follow through with the action he had initiated.
• At the hands of John Dempster of Auchterles: In respect of claims or liability arising from Dempster.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 348

Date: 16 January 1499–1500 (afternoon session)

Guthrie(s) Identified:

• Marion Guthre (widow of David Annand of Kynquheres / Kinquheries)

Role:

• Assignor of her terce (third part) rights in redemption money to Mr John Annand (the pursuer); her assignation is upheld as valid

Summary Transcription: Action by Mr John Annand, assignee to Marion Guthre, the spouse of umquhile David Annand of Kynquheres, til impreif ane instrument under the signe of Schir David Bell, chapellane, fals civilye in the self, of the soume of xlviiij li. xviij s. ix d. usuale money of Scotland awing to hir for the third part of the soume of ij° and xxii merkis under ane reversioune of the landis of the Cottoune of Innerpeffre.” Mr John compearing personally, and Thomas Annand being absent, the Lords decern “that the sade instrument was gude and lele in the self,” and therefore the said Thomas shall pay to the said Mr John Annand as assignee foresaid the sum of 48 l. 17 s. 9 d.

Modern English Translation: Action by Mr John Annand, assignee to Marion Guthrie, the spouse of the late David Annand of Kinquheries, to improve an instrument under the sign of Sir David Bell, chaplain, falsely and civilly in itself, of the sum of £48 18s. 9d. usual money of Scotland owing to her for the third part of the sum of 220 merks under a reversion of the lands of the Cottone of Innerpeffir. Mr John compearing personally, and Thomas Annand being absent, the Lords decern “that the said instrument was good and leal in itself,” and therefore the said Thomas shall pay to the said Mr John Annand as assignee foresaid the sum of £48 17s. 9d.

Historical Significance: This entry concludes (or advances) the dispute over the validity of Marion Guthrie’s assignation of her terce rights in redemption money from the lands of Cottone of Innerpeffir. The Lords uphold the assignation as valid and order payment to the assignee, Mr John Annand. It demonstrates the Council’s enforcement of assignations and widows’ financial rights in Forfarshire land redemption cases.

Genealogical Significance: Confirms Marion Guthre (widow of David Annand of Kynquheres) as the assignor of her terce (third part) rights in redemption money from the lands of Cottone of Innerpeffir. The assignation (dated 30th October 1497 in her house in Dundee) was upheld, and payment was ordered to her assignee. This entry provides strong evidence of her status as a propertied widow managing her affairs in Dundee and Forfarshire. It links to her earlier appearance on p. 255 and reinforces the Guthrie–Annand family connections in Angus/Forfarshire.

Legal Terms and Scottish Practices:

• Assignation: Formal transfer of rights (here, of terce money from redemption).
• Impreif: To challenge or impugn the validity of an instrument.
• Gude and lele: Good and lawful/true.
• Reversioune: Reversion (right to redeem lands after payment of the wadset sum).
• Decern: Judicially decree or determine.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 351

Date: 20 January 1499–1500

Guthrie(s) Identified:

• Sir Alexander Guthrie of that Ilk, knight

Role:

• Pursuer in an action against William Carmichael for ten chalders of oats (Carmichael appoints procurators to defend the action)

Summary Transcription: William Carmichael appoints Sir Patrick Hume of Polworth, knight, and Mr James Henresone his procurators in the action pursued by Sir Alexander Guthre against him for ten chalders of oats.

Modern English Translation: William Carmichael appoints Sir Patrick Hume of Polworth, knight, and Mr James Henresone as his procurators in the action pursued by Sir Alexander Guthrie against him for ten chalders of oats.

Historical Significance: This entry records the formal appointment of procurators by William Carmichael to defend an action brought against him by Sir Alexander Guthrie for ten chalders of oats. It illustrates the routine use of legal representation before the Lords of Council and shows how parties in ongoing land/grain disputes managed their cases through trusted agents.

Genealogical Significance: Names Sir Alexander Guthrie of that Ilk, knight as the pursuer in a further action against William Carmichael concerning ten chalders of oats. This continues the documented pattern of Sir Alexander’s involvement in grain and property-related litigation in Angus/Forfarshire (linking to earlier entries such as pp. 53, 144, 298). The appointment of high-status procurators (Sir Patrick Hume of Polworth and Mr James Henresone) by Carmichael indicates the seriousness with which the action was viewed. Location note: Angus/Forfarshire connections in the ongoing disputes involving Sir Alexander Guthrie.

Legal Terms and Scottish Practices:

• Procurators: Legal representatives appointed to act on a party’s behalf in court.
• Action pursued by Sir Alexander Guthre against him: The defender (Carmichael) is responding to a claim initiated by Sir Alexander.
• Ten chalders of oats: A specific quantity of grain forming the subject of the claim (a common unit in these disputes).

Acts of the Lords of Council in Civil Causes, Vol. II, Page 355

Date: 31 March 1498 (or 1498–99 per sequence)

Guthrie(s) Identified:

• Marion Guthre (widow of David Annand of Kynquheres, mother of Thomas Annand and Mr John Annand)

Role:

• Mother and assignor of terce rights; beneficiary of terce and the family settlement agreement between her sons

Summary Transcription: It is appunctit and finalye concordit betuex Thomas Annand of Kynquheres and Maister Jhone Annand, his brother, anent the soumes of money recoverit be the sade Maister Jhone as assignay til his moder, Marion Guthre, of the thrid part of the silver that pertenit til hir or micht pertene til hir be the redempcione of the landis of Innerpeffer, Torberg, Auchlucy, Egy, Bradouny and Clakleight, wedset to umquhile David Annand of Kynquheres, fader to the sade Thomas and Maister Jhone, in forme as efter folowis, that is to say, the sade Thomas sall infeft within xx dais the sade Maister Jhone of ten li. worth of his landis of Wester Kynquhere be charter and sasing to be haldin blanck ferme of him for a reid rose at Mydsomer to the sade Maister Jhone for al the dayis of his life, and als sall mak his moder, the sade Marion, to broik the reasonable teyrce of al the landis that the sade David, hir husband, deit vestit and saissit be ald heretage or wedset for al the dayis of hir life, or than als mekle als gude as the sade haile teyrce was availe the day of the sade David decess, except five merkis quhilkis salbe allowit and defalkit be the sade Marion for sa mekle payment to the sade Maister Jhone, hir son, of the ten pundis worth of land foresaid for al the dayis of the sade Marion life, and sal mak sikkir securitie hereapoun as the sade Maister Jhone can devise be the consale of thair freyndis but inconvenient; and heirfore the sade Maister Jhone, assignay foresaid, sall discharge, quitclayme and keip skathles the sade Thomas of the soume of threscore threttene merkis and od silver recoverit be him, and of al uther soumes that he has under summonndis or may be recoverit be him be ressone and vertew of the sade assignacione for the teyrcis of the landis forsaidis efter thai be redemyt, saufand al maner of wayis the proffit of the haile teyrce to the sade Marion for al the dayis of hir life, as is abone expremytt, exceppand the five merkis, as sade is. And als the sade Maister Jhone sal mak a reversioune that quhat tyme he beis benefytt of peceable benefice of xx li. peceably and of fre proffitt be help of God and menis of his freyndis, than he sall resigne, renounce and geif owre al richt and clame that he has or may haf in or to the sadis ten pundis worth of the sadis landis of Wester Kynquhere, he beand requirit at the sadis landis be the sade Thomas on xli dais warnyng efter the sade Maister Jhone haf broikit the sade benefice a yere peceably, and the sade Maister Jhone broikand the foresaid land but ony impediment, interrupcione or skaith of the sade Thomas and his favoraris and freyndis he sal mak na bailyeis thareof bot use the proffit thareof as he plesis, and failyeand thairof and gif the sade Thomas makis ony impediment, trouble or vexacione to the sade Maister Jhone or his tennandis or til his moder be himself or ony uther that he may lat but fraud or gile, it salbe lefull til the sade Maister Jhone to mak quhat bailyeis he plesis for the inbringin of the proffittis and dewiteis, ferms and malis of the sadis landis at his awne plesore. And for the fulfilling and observing of al and sindri the punctis abonewrittin aither of the partiis ar oblist, bound and sworne be the faithis of thair bodeis, the haly ewangelis twechit, til uther; and gif it happinnis that ony of the partiis foresaide cum incontrar or brekin the premiss or ony punct of the sammyn as is abone expremytt, the parti brekand sall pay to the parti keipand and bydand at this contract the soume of v li. usuale money of Scotland for costis, skaithis and expensis that the parti bidand thairat has sustenit or may sustene in falt of fulfilling and keping of the contract abonewrittin. In witnes hereof baith the sadis partiis has subscrivit this writ with their awne handis, day, yere and place abonewrittin, befor thir witnes, Alexander Boyis of Panbryd, Alexander Ogilby, Alexander Annand, and Jhone Alane; and ordanis our soverane Lordis letters be direct til compell thair partiis heirto.

Modern English Translation: It is appointed and finally concorded between Thomas Annand of Kinquheries and Master John Annand, his brother, concerning the sums of money recovered by the said Master John as assignee to his mother, Marion Guthrie, of the third part of the silver that pertained to her or might pertain to her by the redemption of the lands of Innerpeffer, Torberg, Auchlucy, Egy, Bradouny and Clakleight, wadset to the late David Annand of Kinquheries, father to the said Thomas and Master John, in form as after follows, that is to say, the said Thomas shall infeft within twenty days the said Master John in ten pounds worth of his lands of Wester Kinquhere by charter and sasine to be held in blench ferme of him for a red rose at Midsummer to the said Master John for all the days of his life, and also shall make his mother, the said Marion, to brook the reasonable terce of all the lands that the said David, her husband, died vested and seised in as old heritage or wadset for all the days of her life, or then as much as the said whole terce was worth the day of the said David’s decease, except five merks which shall be allowed and defalked by the said Marion for so much payment to the said Master John, her son, of the ten pounds worth of land foresaid for all the days of the said Marion’s life, and shall make sure security thereupon as the said Master John can devise by the counsel of their friends but inconvenience; and therefore the said Master John, assignee foresaid, shall discharge, quitclaim and keep skaithless the said Thomas of the sum of threescore thirteen merks and odd silver recovered by him, and of all other sums that he has under summons or may be recovered by him by reason and virtue of the said assignation for the terce of the lands foresaid after they be redeemed, saving in all manner of ways the profit of the whole terce to the said Marion for all the days of her life, as is above expressed, excepting the five merks, as said is. And also the said Master John shall make a reversion that what time he beis beneficed of peaceable benefice of twenty pounds peaceably and of free profit by help of God and means of his friends, then he shall resign, renounce and give over all right and claim that he has or may have in or to the said ten pounds worth of the said lands of Wester Kinquhere, he being required at the said lands by the said Thomas on forty days warning after the said Master John has brooked the said benefice a year peaceably, and the said Master John brooking the foresaid land but any impediment, interruption or skaith of the said Thomas and his favourers and friends he shall make no bailies thereof but use the profit thereof as he pleases, and failing thereof and if the said Thomas makes any impediment, trouble or vexation to the said Master John or his tenants or to his mother by himself or any other that he may let but fraud or guile, it shall be lawful to the said Master John to make what bailies he pleases for the inbringing of the profits and duties, ferms and mails of the said lands at his own pleasure. And for the fulfilling and observing of all and sundry the points above written either of the parties are obliged, bound and sworn by the faiths of their bodies, the holy evangelists touched, to the other; and if it happens that any of the parties foresaid come in contrary or break the premises or any point of the same as is above expressed, the party breaking shall pay to the party keeping and abiding at this contract the sum of five pounds usual money of Scotland for costs, skaiths and expenses that the party abiding thereat has sustained or may sustain in fault of fulfilling and keeping of the contract above written. In witness hereof both the said parties has subscribed this writ with their own hands, day, year and place above written, before these witnesses, Alexander Boyis of Panbryd, Alexander Ogilby, Alexander Annand, and John Alane; and ordains our sovereign Lord’s letters be direct to compel their parties hereto.

Historical Significance: This detailed minute of agreement records a family settlement between brothers Thomas and Master John Annand concerning their mother Marion Guthrie’s terce rights and the redemption of wadset lands. It includes infeftment, warranty obligations, reversion, accounting for terce profits, and penalties for breach. It demonstrates the Council’s role in recording and enforcing complex family financial and land settlements in Forfarshire at the end of the 15th century.

Genealogical Significance: Names Marion Guthre (widow of David Annand of Kynquheres) as the mother whose terce rights are central to the agreement between her sons Thomas Annand and Master John Annand. The contract protects her reasonable terce for life and provides for her son Master John to receive lands in exchange for discharging claims. This entry provides rich evidence of the Guthrie–Annand family’s landholdings, financial arrangements, and intergenerational settlements in Angus/Forfarshire. Location note: Lands of Innerpeffer, Torberg, Auchlucy, Egy, Bradouny, Clakleight, Wester Kinquhere, and others in Forfarshire; strong local family network.

Legal Terms and Scottish Practices:

• Terce: Widow’s legal right to one-third of her husband’s heritable estate.
• Wadset: Mortgage or pledge of lands for a sum.
• Redempcione: Redemption of wadset lands by repayment.
• Assignay: Assignee (recipient of transferred rights).
• Infeft: To infeft (give legal possession by sasine).
• Blanch ferme: Nominal rent (here a red rose at Midsummer).
• Reversione: Right to redeem or recover lands.
• Broik: To enjoy or possess peacefully.
• Sasine: Legal act of possession.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 373

Date: 31 January 1499–1500 (afternoon session)

Guthrie(s) Identified:

• Sir Alexander Guthrie of that Ilk, knight

Role:

• Party who caused William Carmichael (burgess of Edinburgh) to be summoned to relieve and keep him skaithless in respect of grain claimed by John Dempster of Auchterless, but failed to compear to pursue the matter

Summary Transcription: William of Carmichael, burgess of Edinburgh, protested because Alexander Guthre of that Ilk, knight, “gert summonnd him to releif and keip him harmeles and skaithles at the hands of Jhone Dempster of Ouchterless of xl chalder of aitis, x chalder of bere, and half a chalder of peise,” but compeared not to pursue.

Modern English Translation: William Carmichael, burgess of Edinburgh, protested because Sir Alexander Guthrie of that Ilk, knight, caused him to be summoned to relieve and keep him harmless and skaithless at the hands of John Dempster of Auchterless in respect of 40 chalders of oats, 10 chalders of bere, and half a chalder of pease, but compeared not to pursue.

Historical Significance: This entry records a second protestation by William Carmichael (now identified as a burgess of Edinburgh) arising from Sir Alexander Guthrie’s failure to pursue a summons he had raised for relief/indemnity in the ongoing grain dispute with John Dempster of Auchterless (see p. 298). It demonstrates how repeated non-appearance by a pursuer could prompt formal protective protests from the summoned party.

Genealogical Significance: Names Sir Alexander Guthrie of that Ilk, knight as the party who initiated (but failed to pursue) a summons against William Carmichael, burgess of Edinburgh, for relief in the grain matter involving John Dempster of Auchterless. This continues the pattern of Sir Alexander’s litigation involving substantial quantities of grain and local suretyship obligations. The identification of Carmichael as an Edinburgh burgess adds a new dimension to the network of individuals drawn into these Angus/Forfarshire-centred disputes. Location note: Angus/Forfarshire grain and land disputes extending to Edinburgh connections.

Legal Terms and Scottish Practices:

• Protestation: A formal statement entered on record to protect one’s position when the other party fails to proceed.
• Releif and keip him harmeles and skaithles: To indemnify or protect from loss or liability.
• Gert summonnd him: Caused him to be summoned.
• Compeared not to pursue: Failed to appear in court to follow through with the action.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 438

Date: 17 November 1500 (afternoon session)

Guthrie(s) Identified:

• Mr David Guthrie (provost of Guthrie; also identified elsewhere as sometime Clerk Register)

Role:

• Party entering a protective protestation to preserve his summons and prevent his opponent from protesting against him

Summary Transcription: Guthrie. Protestation.

“Maister David Guthre, dotour (sic), protestis that he tyne nocht his summonnd nor that his parti cum nocht til protestit agane him” (sic).

Modern English Translation: Guthrie. Protestation.

Master David Guthrie, doctor (or dottour), protests that he does not lose his summons nor that his party/opponent should come to protest against him.

Historical Significance: This short entry records a protective protestation by Mr David Guthrie to safeguard his legal position regarding an existing summons. Such protestations were a common procedural device before the Lords of Council to prevent an opponent from gaining an advantage through non-appearance or procedural default. It reflects the careful management of ongoing litigation in the late 15th/early 16th century.

Genealogical Significance: Names Mr David Guthrie (provost of Guthrie and sometime Clerk Register) as an active participant in legal proceedings, entering a formal protestation to protect his summons. This aligns with his earlier appearances in the volume (pp. xcviii, 483, 489–490) and confirms his continued involvement in central legal and administrative matters during the reign of James IV. Location note: Strong Angus/Forfarshire connections through the provostship of Guthrie, with activity in Edinburgh at the Lords of Council.

Legal Terms and Scottish Practices:

• Protestation: A formal statement entered on record to protect one’s procedural rights or position.
• Tyne nocht his summonnd: Do not lose (forfeit) his summons through procedural default.
• His parti cum nocht til protestit agane him: His opponent should not be allowed to enter a protest against him.
• Dotour / dottour: Likely a reference to his learned or doctoral status (or a scribal variant); consistent with his identification as “Mr David Guthrie.”

Acts of the Lords of Council in Civil Causes, Vol. II, Page 477

Date: 10 March 1500–1

Guthrie(s) Identified:

• John Guthre

Role:

• One of many cautioners/sureties (with the Earl of Caithness and others) for spuilzie and raid of Dunbeith

Summary Transcription: The Lords ordain William, Earl of Caithnes, as surety for a long list of persons including John Guthre … to pay and deliver to William Keith of Innerugy, knight, an extensive list of spuilzied goods (meal, salt, household items, armour, livestock, etc.) taken from the castle of Dunbeith from William Keith and his brother George. The persons had obtained the King’s remission in the last justice ayre of Inverness and found the Earl cautioner. The Lords assign to William Keith 6th July next to prove the value of goods not already priced in the Inverness act and adjournal.

Modern English Translation: The Lords ordain William, Earl of Caithness, as surety for a long list of persons including John Guthre … to pay and deliver to William Keith of Inverugie, knight, an extensive list of spuilzied goods (meal, salt, household items, armour, livestock, etc.) taken from the castle of Dunbeith from William Keith and his brother George. The persons had obtained the King’s remission in the last justice ayre of Inverness and found the Earl cautioner. The Lords assign to William Keith 6th July next to prove the value of goods not already priced in the Inverness act and adjournal.

Historical Significance: This entry records collective liability for a major spuilzie and raid of Dunbeith. A large group (including John Guthre) is bound with the Earl of Caithness to make restitution of extensive goods and livestock. It highlights the use of suretyship and royal remission to resolve large-scale raiding incidents in the north-east.

Genealogical Significance: Names John Guthre as one of the cautioners/sureties in the raid of Dunbeith and spuilzie from the castle. This places him among a wide network of northern figures involved in or responsible for the incident. It is the only appearance of this John Guthre in the volume and may relate to other John Guthrie entries (e.g., pp. 53, 477). Location note: Primarily northern (Caithness/Dunbeath) raid.

Legal Terms and Scottish Practices:

• Spuilzie: Wrongful taking or spoliation of goods.
• Cautioner: Surety or guarantor bound for another’s obligations.
• King’s remission: Royal pardon for offences.
• Justice ayre of Inverness: Circuit court in Inverness.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 483

Date: 12 March 1500–1 (afternoon session)

Guthrie(s) Identified:

• Elizabeth Guthre (widow of Alexander Maule)
• Mr David Guthrie, provost of that Ilk (also identified elsewhere as sometime Clerk Register)

Role:

• Elizabeth Guthre: Pursuer in an action of wrongful occupation of lands (Cammystone with mill and Hadirweik) in the sheriffdom of Forfar; appearing by her procurator Mr David Guthrie
• Mr David Guthrie, provost of that Ilk: Procurator appearing for the pursuer Elizabeth Guthre

Summary Transcription: Action by Elizabeth Guthre, widow of Alexander Maule, against Thomas Maule of Panmure, knight, and John Erskin of Dun, younger, viz., the said Thomas for wrongful occupation of the lands of Cammystone with the mill and pertinents, and the said John for wrongful occupation of the half of the lands of Hadirweik with pertinents, lying in the sheriffdom of Forfare. The pursuer compearing by Mr David Guthre, “provest of that Ilk,” and the said Thomas compearing personally, and John Erskine compearing by Mr Robert Erskin, his procurator, the Lords ordain the defenders to desist from possessing the said lands, that the pursuer may enjoy the same in terms of her charters and instruments of sasine of conjunct infeftment produced; and they assign to her 6th July next to prove the extent of intromissions.

Modern English Translation: Action by Elizabeth Guthrie, widow of Alexander Maule, against Thomas Maule of Panmure, knight, and John Erskine of Dun, younger, namely the said Thomas for wrongful occupation of the lands of Cammystone with the mill and pertinents, and the said John for wrongful occupation of the half of the lands of Hadirweik with pertinents, lying in the sheriffdom of Forfar. The pursuer appearing by Mr David Guthrie, “provost of that Ilk,” and the said Thomas appearing personally, and John Erskine appearing by Mr Robert Erskine, his procurator, the Lords ordain the defenders to desist from possessing the said lands, so that the pursuer may enjoy the same in terms of her charters and instruments of sasine of conjunct infeftment produced; and they assign to her 6th July next to prove the extent of intromissions.

Historical Significance: This entry records a successful interim decree in favour of a widow asserting her rights to lands held in conjunct infeftment (joint ownership with her late husband). The Lords order the defenders to desist from occupation pending proof of the extent of wrongful intromissions (takings of profits). It illustrates the Council’s role in protecting widows’ property rights and the use of procurators in complex land disputes in Forfarshire.

Genealogical Significance: Names Elizabeth Guthre as widow of Alexander Maule and successful pursuer in a land occupation action concerning Cammystone and Hadirweik in Forfarshire. It also shows Mr David Guthrie, provost of that Ilk (and sometime Clerk Register), acting as her procurator, confirming his role as a trusted legal representative for family members. This strengthens the documented connections between the Guthrie of that Ilk line and the Maule family through marriage, and highlights Mr David Guthrie’s prominence in both local (provost) and central (Council) legal affairs. Location note: Forfarshire (sheriffdom of Forfar) lands; strong Angus/Forfarshire Guthrie and Maule connections.

Legal Terms and Scottish Practices:

• Conjunct infeftment: Joint infeftment (ownership) typically between spouses, giving the survivor rights to the lands.
• Wrongful occupation / intromissions: Unlawful possession and taking of profits from lands.
• Desist from possessing: Order to cease occupation.
• Instruments of sasine: Legal documents proving possession/title.
• Procurator: Legal representative appearing on behalf of a party.

Acts of the Lords of Council in Civil Causes, Vol. II, Page 486

Date: 15 March 1500–1

Guthrie(s) Identified:

• Sir Alexander Guthrie of that Ilk, knight (also referred to as the Laird of Guthrie)
• Lands of Eastertoun of Guthrie (with mill and mill lands)

Role:

• Sir Alexander Guthrie of that Ilk / Laird of Guthrie: Party entering a protective protestation regarding his role as warrantor; also granting warrant and defence over the lands of Eastertoun of Guthrie to named parties

Summary Transcription: Laird of Guthrie. Protest.

“The Laird of Guthre askit til be actit that he was bot callit himself til warand and nocht as ane usarar . . . . . . . (illegible) and that tharefore quhat the Lordis did suld turne him til na prejudice.”

Alexander Boyis “askit til be actit that Schir Alexander Guthre of that Ilk grantit til werrand and defend til James of Durehame, David Rossy of that Ilk, and Gelis Scrymgemour, his spouse, the landis of Estertoune of Guthre with the pertinentis with the myln and the myln landis of the sammyn in thair takkis and malingis.”

Modern English Translation: Laird of Guthrie. Protest.

The Laird of Guthrie asked to be acted that he was only called himself to warrant and not as a usurer . . . . . . . (illegible) and that therefore whatever the Lords did should turn him to no prejudice.

Alexander Boyis asked to be acted that Sir Alexander Guthrie of that Ilk granted to warrant and defend to James of Durham, David Rossy of that Ilk, and Gelis Scrymgeour, his spouse, the lands of Eastertoun of Guthrie with the pertinents, with the mill and the mill lands of the same in their tacks and mailings.

Historical Significance: This entry records two related protestations concerning the lands of Eastertoun of Guthrie. The first protects the position of the Laird of Guthrie (Sir Alexander) as warrantor rather than usurer. The second records Sir Alexander formally granting warrant and defence over Eastertoun of Guthrie (including the mill and mill lands) to named parties in their tacks and mailings. It illustrates the Council’s role in recording protective statements and land warranties in Forfarshire disputes.

Genealogical Significance: Names Sir Alexander Guthrie of that Ilk, knight (Laird of Guthrie) as the central figure granting warrant and defence over the lands of Eastertoun of Guthrie (with mill and mill lands) to James of Durham, David Rossy of that Ilk, and Gelis Scrymgeour (his spouse). This confirms Sir Alexander’s control over significant Guthrie family lands and his role in feudal-style warranties and tacks. The entry also aligns with the index references to the lands of Eastertoun of Guthrie and Kirktoun of Guthrie. Location note: Eastertoun of Guthrie (Angus/Forfarshire); strong local landholding and family connections.

Legal Terms and Scottish Practices:

• Warrand and defend: To warrant and defend title/possession (a feudal-style guarantee against claims).
• Takkis and malingis: Tacks (leases) and mailings (rents or holdings).
• Askit til be actit: Asked to have it recorded in the acts of court (for formal protection).
• Turne him til na prejudice: Should not prejudice him (protective clause).
• Usurar: Usurer (here distinguished from a simple warrantor).

Acts of the Lords of Council in Civil Causes, Vol. II, Pages 489–490

Date: 17 March 1500–1

Guthrie(s) Identified:

• Mr David Guthre, provost of that Ilk (also identified elsewhere as sometime Clerk Register)
• Alexander Guthre of that Ilk, knight
• Lands of Kirktoun of Guthre and Estertoune of Guthre (with mill and mill lands)

Role:

• Mr David Guthre, provost of that Ilk: Procurator appearing for the pursuer (Mr David Gardin); also asked instrument earlier in the session regarding the value of the lands
• Alexander Guthre of that Ilk, knight: One of the defenders (alleged wrongful occupation of parts of the lands of Kirktoun and Eastertoun of Guthrie)

Summary Transcription: Mr David Guthre asked instrument that Mr David Gardin “grantit in his resons that the landis war worth x li. maire than the soume that was pait in the letters of assedacion.”

Action by Mr David Gardin, portioner of the lands of Guthre, against William Abirkerdoure, John Aire, William Aire, Alexander Guthre of that Ilk, knight, James Durehame of the Grayng, Giles Scrymgeour, widow of Mr Thomas Durehame of the Grayng, and David Rossy of that Ilk, now her spouse, viz., William Abirkerdoure for wrongful occupation of the half of the lands of Kirktoun of Guthre, John and William Aire for wrongful occupation of the sixth part of the lands of Estertoune of Guthre “with twa akeris of land and the toft of the sammyn,” and the others for intromitting with part of the rents and profits of the said half lands of Kirktoun of Guthre. The said pursuer, Alexander Guthre of that Ilk and James Durehame of the Grayng compearing personally, and the rest compearing by Mr David Guthre, “provest of that Ilk,” and Alexander Boyis, their procurators alleged that “Alexander Guthre, knicht,” ought to warrant the said persons, and the said Alexander “grantit til warrand thame the sadis landis,” therefore the Lords ordain him “til werrand til the sadis persons the sadis landis and takkis gif thai ony have als mekle landis and als gude in uther placis as law will”; and having considered allegations and defences, the Lords find the whole defenders in the wrong to possess and uplift as libelled, because the said Alexander Guthre produced “ane letter under umquhile Thomas Tulloch of Bonyngtoune sele made til umquhile Maister David Guthre of that Ilk, of the sadis landis, quhilk was nocht ane sufficient tytle til him because it was nowthir ane sufficient assedacione nor impignoratione of the sadis landis”; and they ordain the pursuer to enjoy possession conform to his charter and sasine and confirmation thereof by the overlord, produced. “And attour ordanis ilk ane of the sadis partiis til discharge utheris of al soumes of money clamyt or to be askit apone utheris for the malis and proffittis of the sadis landis takin and intromettit be vertew of the sadis letters made be the sade umquhile Thomas Tullo til the sade umquhile Maister David Guthre in ony tyme bigane or be contract for the redemyng and outquyting of the sammyn.”

Modern English Translation: Mr David Guthrie asked instrument that Mr David Gardin “granted in his reasons that the lands were worth £10 more than the sum that was paid in the letters of assedation.”

Action by Mr David Gardin, portioner of the lands of Guthrie, against William Abirkerdoure, John Aire, William Aire, Alexander Guthrie of that Ilk, knight, James Durehame of the Grayng, Giles Scrymgeour (widow of Mr Thomas Durehame of the Grayng), and David Rossy of that Ilk (now her spouse), namely William Abirkerdoure for wrongful occupation of the half of the lands of Kirktoun of Guthrie, John and William Aire for wrongful occupation of the sixth part of the lands of Eastertoun of Guthrie “with two acres of land and the toft of the same,” and the others for intromitting with part of the rents and profits of the said half lands of Kirktoun of Guthrie. The said pursuer, Alexander Guthrie of that Ilk and James Durehame of the Grayng compearing personally, and the rest compearing by Mr David Guthrie, “provost of that Ilk,” and Alexander Boyis, their procurators alleged that “Alexander Guthrie, knight,” ought to warrant the said persons, and the said Alexander “granted to warrant them the said lands,” therefore the Lords ordain him “to warrant to the said persons the said lands and tacks if they any have as much lands and as good in other places as law will”; and having considered allegations and defences, the Lords find the whole defenders in the wrong to possess and uplift as libelled, because the said Alexander Guthrie produced “a letter under the late Thomas Tulloch of Bonnyngtoun’s seal made to the late Master David Guthrie of that Ilk, of the said lands, which was not a sufficient title to him because it was neither a sufficient assedation nor impignoration of the said lands”; and they ordain the pursuer to enjoy possession conform to his charter and sasine and confirmation thereof by the overlord, produced. “And moreover ordain each one of the said parties to discharge others of all sums of money claimed or to be asked upon others for the mails and profits of the said lands taken and intromitted with by virtue of the said letters made by the said late Thomas Tullo to the said late Master David Guthrie in any time bygone or by contract for the redeeming and outquitting of the same.”

Historical Significance: This lengthy and complex entry records a major land dispute over portions of the Kirktoun of Guthrie and Eastertoun of Guthrie (including mill lands). The Lords ultimately find the defenders in the wrong, uphold the pursuer’s title based on charter and sasine, and order accounting for rents and profits. It also records a warranty obligation accepted by Sir Alexander Guthrie of that Ilk and clarifies that an earlier letter under the seal of Thomas Tulloch to the late Mr David Guthrie was not a sufficient title. The entry demonstrates the Council’s careful scrutiny of titles, warranties, and intromissions in Forfarshire land cases.

Genealogical Significance: Names Mr David Guthre, provost of that Ilk (and sometime Clerk Register), as procurator for the pursuer and as the recipient of an earlier (insufficient) title document from Thomas Tulloch. It also names Alexander Guthre of that Ilk, knight as a defender who accepted a warranty obligation over parts of the Guthrie lands and produced the earlier letter. This entry provides rich detail on the landholdings of the Guthries of that Ilk (Kirktoun and Eastertoun of Guthrie) and the involvement of Mr David Guthrie in both family land matters and legal representation. It reinforces the prominence of the Guthrie of that Ilk line in Angus/Forfarshire during the late 15th and early 16th centuries. Location note: Kirktoun of Guthrie and Eastertoun of Guthrie (with mill lands) in Angus/Forfarshire; connections to Maule, Erskine, Rossy, Scrymgeour, and Durham families.

Legal Terms and Scottish Practices:

• Portioner: One who holds a portion or share of lands (often through inheritance or division).
• Wrongful occupation / intromitting: Unlawful possession and taking of rents/profits.
• Warrand / warrant: To guarantee or defend title/possession.
• Assedacion: Lease or tack.
• Impignoration: Pledge or mortgage.
• Mails and proffittis: Rents and profits.
• Outquyting: Redemption (paying off a debt or claim to recover lands).
• Instrument: Formal notarial record of a statement or act.

Notes: This is the entry indexed under Mr David Guthrie (provost of that Ilk) and the lands of Kirktoun and Eastertoun of Guthrie on pp. 489–490. It is one of the most detailed land actions involving the Guthries in the volume and provides important evidence of titles, warranties, and family land divisions at Guthrie. The Lords’ decision strongly favoured the pursuer’s charter-based title over the earlier letter produced by Sir Alexander Guthrie. Location note: Core Guthrie family lands in Angus/Forfarshire.

ACTS of the LORDS of COUNCIL in CIVIL CAUSES
VOLUME III: 1501 – 1503

Scotland. Privy Council. The Acts of the Lords of Council In Civil Causes. Edinburgh: Her Majesty’s Stationery Office, 18391993. Digital Repository: HathiTrust.

Acts of the Lords of Council in Civil Causes – Guthrie Index & Navigator
Editor: The late Alma B. Calderwood, M.A. (with intro by Athol L. Murray, Ph.D., LL.B.) Coverage: A.D. 1501–1503

Acts of the Lords of Council in Civil Causes, Vol. III, Page 29

Date: 10 May (1501 context)

Guthrie(s) Identified:

• Sir Alexander Guthrie of that Ilk, knight
• Mr. Malcolm Guthrie

Role:

• Sir Alexander Guthrie of that Ilk: Party against whom action brought by John Dempster of Ouchterles (appearing by procurator Mr. Malcolm Guthrie)
• Mr. Malcolm Guthrie: Procurator for Sir Alexander Guthrie

Summary Transcription: “In the accione and caus persewit be Jhone Dempstir of Ouchtirles aganis Schir Alexander Guthre of that ilk, knicht, to bring with him our soverane lordis letteris purchest be him in this matir, contenit in the sade summonndis of before, til be sene and considerit gif thai be procedit of justice or nocht”, the said John being personally present and the said Sir Alexander compearing by Mr. Malcolm Guthre, his procurator, the lords decern that the sheriff of Forfar shall put the letters, passed upon a decreet of the lords, to execution, according to the said letters and decreet produced, and the lords ordain letters.

Modern English Translation: In the action and cause pursued by John Dempster of Ouchterles against Sir Alexander Guthrie of that Ilk, knight, to bring with him our sovereign lord’s letters purchased by him in this matter, contained in the said summons of before, to be seen and considered if they be proceeded of justice or not, the said John being personally present and the said Sir Alexander compearing by Mr. Malcolm Guthrie, his procurator, the Lords decern that the sheriff of Forfar shall put the letters, passed upon a decreet of the Lords, to execution, according to the said letters and decreet produced, and the Lords ordain letters.

Historical Significance: This entry shows the Lords of Council enforcing execution of prior decrees through sheriff action in Forfarshire. It highlights procedural follow-up on summons and letters, with personal appearance and procurator representation.

Genealogical Significance: Names Sir Alexander Guthrie of that Ilk, knight as the party in an action by John Dempster of Ouchterles, appearing by his procurator Mr. Malcolm Guthrie. This is one of the earliest Vol. III references to Sir Alexander and introduces Mr. Malcolm Guthrie in a legal capacity. It continues Sir Alexander’s documented litigation pattern from Vol. II into the early years of James IV’s reign. Location note: Forfarshire (sheriff of Forfar); strong Angus/Forfarshire Guthrie of that Ilk connections.

Legal Terms and Scottish Practices:

• Persewit aganis: Pursued against.
• Compearing by procurator: Appearing through a legal representative.
• Decern: Judicially decree.
• Put the letters to execution: Enforce the letters/decreet via sheriff.

Acts of the Lords of Council in Civil Causes, Vol. III, Page 29

Date: 10 May (1501 context)

Guthrie(s) Identified:

• Sir Alexander Guthrie of that Ilk, knight
• Mr. Malcolm Guthrie

Role:

• Sir Alexander Guthrie of that Ilk: Party against whom action brought by John Dempster of Ouchterles (appearing by procurator Mr. Malcolm Guthrie)
• Mr. Malcolm Guthrie: Procurator for Sir Alexander Guthrie

Summary Transcription: “In the accione and caus persewit be Jhone Dempstir of Ouchtirles aganis Schir Alexander Guthre of that ilk, knicht, to bring with him our soverane lordis letteris purchest be him in this matir, contenit in the sade summonndis of before, til be sene and considerit gif thai be procedit of justice or nocht”, the said John being personally present and the said Sir Alexander compearing by Mr. Malcolm Guthre, his procurator, the lords decern that the sheriff of Forfar shall put the letters, passed upon a decreet of the lords, to execution, according to the said letters and decreet produced, and the lords ordain letters.

Modern English Translation: In the action and cause pursued by John Dempster of Ouchterles against Sir Alexander Guthrie of that Ilk, knight, to bring with him our sovereign lord’s letters purchased by him in this matter, contained in the said summons of before, to be seen and considered if they be proceeded of justice or not, the said John being personally present and the said Sir Alexander compearing by Mr. Malcolm Guthrie, his procurator, the Lords decern that the sheriff of Forfar shall put the letters, passed upon a decreet of the Lords, to execution, according to the said letters and decreet produced, and the Lords ordain letters.

Historical Significance: This entry shows the Lords of Council enforcing execution of prior decrees through sheriff action in Forfarshire. It highlights procedural follow-up on summons and letters, with personal appearance and procurator representation.

Genealogical Significance: Names Sir Alexander Guthrie of that Ilk, knight as the party in an action by John Dempster of Ouchterles, appearing by his procurator Mr. Malcolm Guthrie. This is one of the earliest Vol. III references to Sir Alexander and introduces Mr. Malcolm Guthrie in a legal capacity. It continues Sir Alexander’s documented litigation pattern from Vol. II into the early years of James IV’s reign. Location note: Forfarshire (sheriff of Forfar); strong Angus/Forfarshire Guthrie of that Ilk connections.

Legal Terms and Scottish Practices:

• Persewit aganis: Pursued against.
• Compearing by procurator: Appearing through a legal representative.
• Decern: Judicially decree.
• Put the letters to execution: Enforce the letters/decreet via sheriff.

Acts of the Lords of Council in Civil Causes, Vol. III, Page 73

Date: 30 July 1501 (post meridiem)

Guthrie(s) Identified:

• James of Guthre (burgess of Dundee)
• Cristane Ferquhare (Christian Farquhar), his spouse

Role:

• Cristane Ferquhare (pursuer, spouse of James of Guthre): Pursuing action for wrongful intrometting and withholding of maills
• James of Guthre: Husband of the pursuer; appearing jointly by procurator

Summary Transcription: “In the accione and caus persewit be Cristane Ferquhare, the spous of James of Guthre, burges of Dunde, aganis Wilyeam Ferquhare for the wrangus intrometting, uptaking, detencione and withhalding fra the sade Cristiane of the soum of xviij merkis usuale money of the ralme, of thre termes maile”, the said Christian and James compearing by Alexander Boyis, their procurator, and the said William not compearing, the lords decern that, “for ocht thai haf yit sene”, William shall desist from taking the maill of the lands and tenement (224 r.) in the burgh of Dunde on the north side of the Murray Gait between the land of Andrew Halis on the west and the land of the deceased David Weddirburne on the east, to be enjoyed by Christian according to her instrument of sasine produced. The lords ordain letters, assign to Christian 18th October next to prove the value and period of the maills taken by William, ordain letters to call witnesses and probation, the witnesses formerly summoned under greater penalties, and meanwhile continue the summons.

Modern English Translation: In the action and cause pursued by Cristane Ferquhare, the spouse of James of Guthre, burgess of Dundee, against William Ferquhare for the wrongful intrometting, uptaking, detention and withholding from the said Cristane of the sum of 18 merks usual money of the realm, of three terms’ maill, the said Christian and James compearing by Alexander Boyis, their procurator, and the said William not compearing, the Lords decern that, “for aught they have yet seen”, William shall desist from taking the maill of the lands and tenement in the burgh of Dundee on the north side of the Murray Gait between the land of Andrew Halis on the west and the land of the deceased David Weddirburne on the east, to be enjoyed by Christian according to her instrument of sasine produced. The Lords ordain letters, assign to Christian 18th October next to prove the value and period of the maills taken by William, ordain letters to call witnesses and probation, the witnesses formerly summoned under greater penalties, and meanwhile continue the summons.

Historical Significance: This entry records an action by a burgess’s wife (appearing with her husband) to protect her rights to maills (rents) from a tenement in Dundee. The Lords issue an interim order for the defender to desist and continue the case for proof. It illustrates the Council’s role in urban property and rental disputes in early 16th-century Dundee.

Genealogical Significance: Names James of Guthre (burgess of Dundee) and his spouse Cristane Ferquhare (Christian Farquhar) as the pursuers in a maills action. This aligns with the index entry for James, burgess of Dundee (his spouse referenced as Christian Farquhar). It provides evidence of their property interests in Dundee and active legal engagement. Location note: Dundee (Murray Gait tenement); burgess status and local connections.

Legal Terms and Scottish Practices:

• Intrometting / uptaking / detencione and withhalding: Wrongful interference with and retention of rents/profits.
• Maill: Rent or duty from lands/tenements.
• Instrument of sasine: Legal document proving possession/title.
• Compearing by procurator: Appearing through a legal representative (here Alexander Boyis).
• Decern that William shall desist: Order the defender to stop taking the rents.

Acts of the Lords of Council in Civil Causes, Vol. III, Page 126

Date: 4 March, post meridiem (1502 context)

Guthrie(s) Identified:

• Alexander Guthre of that Ilk, knight

Role:

• Curator (for the time) to the late Schir Thomas Mawle of Panmure; party summoned to produce retour and letters of curatory in an action concerning a pretended charter and sasine of the lands of Petlevy

Summary Transcription: “In the accione and caus [persewit] be Thomas Mawle of Panmure, knicht, aganis Alexander Guthre of that ilk, knicht, curatour for the tyme til umquhile Schir Thomas Mawle of Panmure, knycht, his grantschir, to bring with [him] the retour and letteris of curatory that the sade umquhile Thomas was put under cure with, to be sene and understandin be the lordis of consale in sic wise that justice may be evinly ministrat be thaim anent the improving civilly of ane pretendit charter and instrument of sais ing made be umquhile the sade Thomas Mawle, his grantschir, to Wilyeam Ouchtirlony of Banhard of the landis of Petlevy”, the said Thomas being personally present and the said Alexander not compearing, the lords ordain letters to call Alexander to bring with him the said retour and letters of curatory on 23rd May next, under greater penalties, and meanwhile continue the summons.

Modern English Translation: In the action and cause pursued by Thomas Mawle of Panmure, knight, against Alexander Guthrie of that Ilk, knight, curator for the time to the late Sir Thomas Mawle of Panmure, knight, his grantschir, to bring with him the retour and letters of curatory that the said late Thomas was put under cure with, to be seen and understood by the Lords of Council in such wise that justice may be evenly ministered by them anent the improving civilly of a pretended charter and instrument of sasine made by the late said Thomas Mawle, his grantschir, to William Ouchtirlony of Banhard of the lands of Petlevy, the said Thomas being personally present and the said Alexander not compearing, the Lords ordain letters to call Alexander to bring with him the said retour and letters of curatory on 23rd May next, under greater penalties, and meanwhile continue the summons.

Historical Significance: This entry concerns curatory (guardianship) obligations and the production of documents (retour and letters of curatory) in a dispute over a charter and sasine of the lands of Petlevy. The Lords require the curator (Alexander Guthrie) to produce records for judicial review. It illustrates the Council’s role in overseeing curators and title challenges in Forfarshire land matters.

Genealogical Significance: Names Alexander Guthre of that Ilk, knight as curator for the late Sir Thomas Mawle of Panmure (his grantschir) and as the party required to produce curatory documents in a title dispute involving the lands of Petlevy granted to William Ouchtirlony of Banhard. This continues Sir Alexander’s documented involvement in Forfarshire legal and land affairs (linking to Vol. II and earlier Vol. III entries). Location note: Forfarshire (Panmure, Petlevy); Guthrie of that Ilk and Mawle of Panmure connections.

Legal Terms and Scottish Practices:

• Curatour / curator: Guardian or administrator (here for a minor or incapable person).
• Retour: Return of an inquest confirming heirship or title.
• Letters of curatory: Official documents confirming curatorship.
• Improving civilly: Judicial challenge to the validity of a charter/instrument.
• Grantschir: Great-grandfather or grandfather (here likely referring to a senior relative in the Mawle line).

Acts of the Lords of Council in Civil Causes, Vol. III, Page 170

Date: 5 January 1503 (context)

Guthrie(s) Identified:

• Sir Alexander Guthre of that Ilk, knight

Role:

• Defendant in action for wrongful withholding of money; found liable for payment with some sums discharged

Summary Transcription: [Maister Andro Cadiow] again Schir [Alexandir Guthre] “In the accione and caus persewit be Maister Andro Cadiow aganis Alexandir Guthre of that ilk, knicht, for the wrangus withhalding fra him of the soum of fourscore and xj pundis usuale money of the realme”, the said Mr. Andrew being personally present and the said Alexander not compearing, the lords, in presence of the king, decern that Alexander shall pay £40 and £20 to Mr. Andrew, according to the obligation produced under Alexander’s subscription. They decern Alexander quit of £51 contained in his obligation, because Mr. Andrew granted before the Lords that they had been paid to him. The Lords also decern that Alexander shall pay Mr. Andrew’s expenses of plea, assigning to the latter 12th June next for proof thereof, and ordaining him to have letters to call witnesses and probation, summons for damages to be raised (14 r.) if necessary. The Lords further decern that Alexander shall pay 40s. to Mr. Gavin of Dunbar, clerk register, for his unlaw, towards the lords’ expenses. The Lords ordain letters for distraint.

Modern English Translation: Master Andrew Cadiow against Sir Alexander Guthrie In the action and cause pursued by Master Andrew Cadiow against Alexander Guthrie of that Ilk, knight, for the wrongful withholding from him of the sum of fourscore and eleven pounds usual money of the realm, the said Mr. Andrew being personally present and the said Alexander not compearing, the Lords, in presence of the king, decern that Alexander shall pay £40 and £20 to Mr. Andrew, according to the obligation produced under Alexander’s subscription. They decern Alexander quit of £51 contained in his obligation, because Mr. Andrew granted before the Lords that they had been paid to him. The Lords also decern that Alexander shall pay Mr. Andrew’s expenses of plea, assigning to the latter 12th June next for proof thereof, and ordaining him to have letters to call witnesses and probation, summons for damages to be raised if necessary. The Lords further decern that Alexander shall pay 40s. to Mr. Gavin of Dunbar, clerk register, for his unlaw, towards the lords’ expenses. The Lords ordain letters for distraint.

Historical Significance: This entry records a debt/withholding action in which the Lords (sitting in presence of the king) enforce payment according to a subscribed obligation, discharge part of the sum upon proof of prior payment, and award expenses. It demonstrates the Council’s authority in commercial/financial disputes and the use of distraint for enforcement.

Genealogical Significance: Names Sir Alexander Guthre of that Ilk, knight as the party found liable to pay sums to Master Andrew Cadiow under a subscribed obligation, with partial discharge and liability for expenses. This continues the documented pattern of Sir Alexander’s financial and legal activity in the early 16th century. Location note: Angus/Forfarshire (Guthrie of that Ilk); connections to broader legal and financial networks.

Legal Terms and Scottish Practices:

• Wrangus withhalding: Wrongful withholding of money.
• Decern: Judicially decree.
• Quit of: Discharged from liability for.
• Expenses of plea: Legal costs of the action.
• Unlaw: Fine or penalty.
• Letters for distraint: Authority to seize goods/property for enforcement.

Acts of the Lords of Council in Civil Causes, Vol. III, Page 189

Date: 26 January 1503 (context)

Guthrie(s) Identified:

• Sir Alexander Guthre of that Ilk, knight
• Eastertoun of Guthre (lands, with fourth of the mill and mill lands)

Role:

• Sir Alexander Guthrie of that Ilk: Party required to warrant, acquiet and defend lands of Eastertoun of Guthrie (appearing via charter produced)
• Eastertoun of Guthrie lands/mill: Subject of the warranty action

Summary Transcription: James of Durehame of Graing contra Schir Alexandir Guthrie “In the accione and caus persewit be James of Durehame of the Grayng aganis Schir Alexandir Guthre of that ilk, knicht, that is to say, to warrand, acquiet and defend to him the sext part of the landis of the Estertoune of Guthre”, with the fourth of the mill and mill lands thereof, the said James being personally present and the said Sir Alexander not compearing, the lords, in presence of the king, decern that Sir Alexander shall warrant, acquiet and defend the said lands, with the fourth of the mill and mill lands thereof, to James as heir to the deceased Mr. Thomas Durehame of the Grayng, his father, according to Sir Alexander’s charter to the said deceased Mr. Thomas and his heirs, produced under his seal, and they [ordain] letters. The Lords also decern that Sir Alexander shall pay James’s expenses of plea, assign to James 14th June next to prove the same and ordain him to have letters to call witnesses and probation, raising summons for damages if necessary. The Lords further decern that Sir Alexander shall pay 40s. to Mr. Gavin of Dunbar, clerk register, for his unlaw, towards the lords’ expenses, and they ordain letters for distraint.

Modern English Translation: James of Durehame of Graing against Sir Alexander Guthrie In the action and cause pursued by James of Durehame of the Grayng against Sir Alexander Guthrie of that Ilk, knight, that is to say, to warrant, acquiet and defend to him the sixth part of the lands of the Eastertoun of Guthrie, with the fourth of the mill and mill lands thereof, the said James being personally present and the said Sir Alexander not compearing, the Lords, in presence of the king, decern that Sir Alexander shall warrant, acquiet and defend the said lands, with the fourth of the mill and mill lands thereof, to James as heir to the deceased Mr. Thomas Durehame of the Grayng, his father, according to Sir Alexander’s charter to the said deceased Mr. Thomas and his heirs, produced under his seal, and they ordain letters. The Lords also decern that Sir Alexander shall pay James’s expenses of plea, assign to James 14th June next to prove the same and ordain him to have letters to call witnesses and probation, raising summons for damages if necessary. The Lords further decern that Sir Alexander shall pay 40s. to Mr. Gavin of Dunbar, clerk register, for his unlaw, towards the lords’ expenses, and they ordain letters for distraint.

Historical Significance: This entry records a warranty action in which the Lords (sitting in presence of the king) enforce Sir Alexander Guthrie’s obligation under his own charter to warrant lands of Eastertoun of Guthrie (including mill rights) to the heir of Mr. Thomas Durehame. It demonstrates the binding nature of feudal-style warranties and the Council’s role in title enforcement.

Genealogical Significance: Names Sir Alexander Guthre of that Ilk, knight as the party required to warrant the sixth part of the lands of Eastertoun of Guthrie (with fourth of the mill and mill lands) to James of Durehame as heir to the late Mr. Thomas Durehame of the Grayng. This confirms Sir Alexander’s control over and involvement with Eastertoun of Guthrie lands and his charter obligations to the Durehame family. It aligns with Vol. II references to these same lands. Location note: Eastertoun of Guthrie (Angus/Forfarshire); strong local landholding and family connections.

Legal Terms and Scottish Practices:

• Warrand, acquiet and defend: To warrant, acquit and defend title/possession (feudal warranty obligation).
• Sext part: Sixth part (share) of the lands.
• Unlaw: Fine or penalty.
• Expenses of plea: Legal costs of the action.
• Letters for distraint: Authority to seize goods/property for enforcement.

Acts of the Lords of Council in Civil Causes, Vol. III, Page 214

Date: 3 February 1503 (context)

Guthrie(s) Identified:

• Alexandir Guthre (portioner of Colzeane; deceased husband of Gelis of Mailevyne)
• Jhone of Guthre (John Guthrie; defender)
• Gelis of Mailevyne (Giles Melville; widow of Alexander Guthrie, portioner of Colzeane; pursuer)

Role:

• Gelis of Mailevyne (pursuer): Widow asserting rights via conjunct infeftment to lands of Colzeane (appearing by her new spouse David How as procurator)
• Jhone of Guthre: Defender in wrongful occupation of pendicle of Colzeane lands
• Alexandir Guthre (deceased): Former portioner of Colzeane; his conjunct infeftment rights now claimed by his widow Gelis

Summary Transcription: Gelis Mailevyne “In the accione and caus persewit be Gelis of Mailevile, the spous of umquhile Alexandir Guthre, porcioneare of Colzeane, aganis Jhone of Guthre, Alexandir Winter, Patrik Wellis and Jhone Brysone, burgessis of Perth, that is to say, the sade Jhone of Guthre and Alexandir Winter for the wrangus occupacioun, labouring and withhalding of ane pendicle of ane half of the landis of Colzeane callit Cotgibbone, be the space of x yeris last bipast”, the said Giles compearing by David How, now her spouse, as procurator, the said John Bryson being personally present and the remaining defenders not compearing, the lords, in the presence of the king, decern that the said John of Guthre and Alexander shall cease occupation of the said lands, which are to be enjoyed by Giles as conjunct infeftment according to her precept and instrument of sasine, both produced; and the Lords assign to Giles 20th March next to prove the said occupation by John Guthre and Alexander, the value, amount and period thereof, and the withholding of the said annuals by Patrick and John Brysone and the period thereof. The Lords ordain Giles to have letters to call witnesses and probation and meanwhile continue that part of the summons.

Modern English Translation: Gelis Mailevyne In the action and cause pursued by Gelis of Mailevyne, the spouse of the late Alexander Guthrie, portioner of Colzeane, against John of Guthrie, Alexander Winter, Patrick Wellis and John Brysone, burgesses of Perth, that is to say, the said John of Guthrie and Alexander Winter for the wrongful occupation, labouring and withholding of a pendicle of one half of the lands of Colzeane called Cotgibbone, for the space of ten years last bypast, the said Giles compearing by David How, now her spouse, as procurator, the said John Bryson being personally present and the remaining defenders not compearing, the Lords, in the presence of the king, decern that the said John of Guthrie and Alexander shall cease occupation of the said lands, which are to be enjoyed by Giles as conjunct infeftment according to her precept and instrument of sasine, both produced; and the Lords assign to Giles 20th March next to prove the said occupation by John Guthrie and Alexander, the value, amount and period thereof, and the withholding of the said annuals by Patrick and John Brysone and the period thereof. The Lords ordain Giles to have letters to call witnesses and probation and meanwhile continue that part of the summons.

Historical Significance: This entry records a land occupation dispute in which a widow (Gelis Mailevyne) successfully asserts her conjunct infeftment rights to lands of Colzeane (including a pendicle called Cotgibbone). The Lords order the defenders to cease occupation and continue the case for proof of value and period. It illustrates the protection of widows’ property rights and the use of conjunct infeftment in early 16th-century Perthshire/Forfarshire land cases.

Genealogical Significance: Names Alexandir Guthre (portioner of Colzeane; deceased) as the former husband of Gelis of Mailevyne (Giles Melville), who is pursuing as widow to recover lands via conjunct infeftment. It also names Jhone of Guthre (John Guthrie, burgess of Perth) as a defender in wrongful occupation of part of the Colzeane lands. This aligns with the index entries for Alexander Guthrie (portioner of Colzeane) and John Guthrie (burgess of Perth) on p. 214. It provides evidence of Guthrie family landholding at Colzeane and connections to Perth burgesses. Location note: Colzeane (likely Forfarshire/Perthshire border area); Perth burgess connections.

Legal Terms and Scottish Practices:

• Conjunct infeftment: Joint infeftment (typically between spouses), giving the survivor rights to the lands.
• Pendicle: Small portion or appendage of lands.
• Wrangus occupacioun, labouring and withhalding: Wrongful occupation, working and retaining of lands/rents.
• Instrument of sasine / precept: Legal documents proving title/possession.
• Compearing by procurator: Appearing through a legal representative (here David How, now her spouse).

Acts of the Lords of Council in Civil Causes, Vol. III, Page 218

Date: 3 February 1503 (context)

Guthrie(s) Identified:

• Sir Alexander Guthre of that Ilk, knight

Role:

• Pursuer in action claiming double payment of grain (oats, bere, pease) against John Dempster of Ouchterles

Summary Transcription: Schir Alexandir Guthre “In the accione and caus persewit be Schir Alexandir Guthre of that ilk, knicht, aganis Jhone Dempstare of Ouchtirles, to heir and see the double payment of fourtie chaldiris of aitis, ten chaldiris of bere and ane halff chaldir of peis, previt payit be umquhile David, duke of Montros, to the sade Jhone Dempstar, and thairfore to heir him self decernit and adjugeit to refound and pay again to the sade Alexandir Guthre owthir the first payment of the sadis aitis, bere and peis or than the last, extending til the quantite forsade, because the sade Jhone Dempstar has takin double payment of the sadis cornis, as is allegit”, the parties being personally present, the lords, in presence of the king, decern the said John to be quit of the claim of the double of the said chalders as advanced by the said Sir Alexander and as libelled and asked in the said summons.

Modern English Translation: Sir Alexander Guthrie In the action and cause pursued by Sir Alexander Guthrie of that Ilk, knight, against John Dempster of Ouchterles, to hear and see the double payment of forty chalders of oats, ten chalders of bere and one half chalder of pease, proved paid by the late David, duke of Montrose, to the said John Dempster, and therefore to hear himself decerned and adjudged to refund and pay again to the said Alexander Guthrie either the first payment of the said oats, bere and pease or then the last, extending to the quantity foresaid, because the said John Dempster has taken double payment of the said corns, as is alleged, the parties being personally present, the Lords, in presence of the king, decern the said John to be quit of the claim of the double of the said chalders as advanced by the said Sir Alexander and as libelled and asked in the said summons.

Historical Significance: This entry records a claim by Sir Alexander Guthrie for double payment of grain (oats, bere, and pease) allegedly received by John Dempster of Ouchterles from the late Duke of Montrose. The Lords (sitting in presence of the king) dismiss the claim for double payment. It illustrates the Council’s handling of complex payment and accounting disputes involving high-status parties.

Genealogical Significance: Names Sir Alexander Guthre of that Ilk, knight as the pursuer in a financial/grain payment claim against John Dempster of Ouchterles. This continues Sir Alexander’s documented pattern of litigation involving grain, land, and financial matters in Angus/Forfarshire. Location note: Angus/Forfarshire connections (Guthrie of that Ilk and Dempster of Ouchterles dispute).

Legal Terms and Scottish Practices:

• Double payment: Claim that the same sum/grain was paid twice.
• Decern … to be quit of the claim: Judicially discharge the defender from the claim.
• Libelled: Formally stated in the summons.

Acts of the Lords of Council in Civil Causes, Vol. III, Page 221

Date: 4 February 1503 (context)

Guthrie(s) Identified:

• Sir Alexander Guthre of that Ilk, knight

Role:

• Procurator for Margaret Lyoun (mother of James of Rynd) in a tutory/intromission action concerning the blenchferme lands of James of Rynd

Summary Transcription: Margaret Lyone “In the accione and caus persewit be Margaret Lyoun, modir til James of Rynd, son to James Rynd of Broxmouthe, aganis David Rynd as tutour and intromettour with the blanchferme landis pertenyng til the sade James of Rynd, to heire and see the lordis of our soverane lordis consale til modefy and decerne the expensis and sustentacione of the sade James Rynd of his blanchferme landis”, the said Margaret compearing by Sir Alexander Guthre of that ilk, kt., her procurator, and the said David not compearing, the lords, in presence of the king, understanding that the said lands pertain to the said James by infeftment, decern that David shall pay to Margaret as much of the maills and profits of the said lands as will provide James with food, drink, clothing and other necessaries according to his rank, for two years past and until James is seven years old, at which time the lords shall make further provision, the remainder of the profits remaining, upon account, in David’s hands, as tutor, until James’s lawful age. Should David refuse to obey this decree, the lords shall deprive him of office and decern a successor to him, and they ordain letters for distraint.

Modern English Translation: Margaret Lyone In the action and cause pursued by Margaret Lyoun, mother to James of Rynd, son to James Rynd of Broxmouthe, against David Rynd as tutor and intromettour with the blenchferme lands pertaining to the said James of Rynd, to hear and see the Lords of our sovereign lord’s Council to modify and decern the expenses and sustentation of the said James Rynd of his blenchferme lands, the said Margaret compearing by Sir Alexander Guthrie of that Ilk, knight, her procurator, and the said David not compearing, the Lords, in presence of the king, understanding that the said lands pertain to the said James by infeftment, decern that David shall pay to Margaret as much of the maills and profits of the said lands as will provide James with food, drink, clothing and other necessaries according to his rank, for two years past and until James is seven years old, at which time the Lords shall make further provision, the remainder of the profits remaining, upon account, in David’s hands, as tutor, until James’s lawful age. Should David refuse to obey this decree, the Lords shall deprive him of office and decern a successor to him, and they ordain letters for distraint.

Historical Significance: This entry records a tutory/intromission dispute in which the Lords (sitting in presence of the king) order provision for a minor (James of Rynd) from the profits of his blenchferme lands. Sir Alexander Guthrie appears as procurator for the mother. It illustrates the Council’s oversight of tutors and provision for minors in early 16th-century Scotland.

Genealogical Significance: Names Sir Alexander Guthre of that Ilk, knight as procurator for Margaret Lyoun in a matter concerning the lands and maintenance of James of Rynd. This demonstrates Sir Alexander’s role as a trusted legal representative in family and property matters beyond his own immediate interests. Location note: Broxmouthe and associated blenchferme lands; Sir Alexander’s procuratorial activity.

Legal Terms and Scottish Practices:

• Tutour / intromettour: Guardian/administrator of a minor’s estate.
• Blenchferme landis: Lands held for nominal (blench) rent.
• Modiefy and decerne the expensis and sustentacione: Determine and decree the expenses and maintenance.
• Maills and profits: Rents and income from the lands.
• Conjunct infeftment (implied in context): Joint ownership rights.

Acts of the Lords of Council in Civil Causes, Vol. III, Page 239

Date: 9 February 1503 (context)

Guthrie(s) Identified:

• Jhone Guthre in Tulloch (John Guthrie in Tulloch)

Role:

• One of the defenders/sureties in a large group action concerning composition of remission and obligation to keep pursuers harmless

Summary Transcription: Jhone Ogilby of Innerquharite “In the accione and caus persewit be Jhone Ogilby of Innerquharite and Jhone Erskin, feare of Dun, aganis Thomas Ogilby of Clova, Jhone Ogilby of Bawnagarro, Jhone Lindesay of Lethnot, David Rawin of Colzeane, Jhone Scot, son and apperand aire to Jhone Scot of Arbieke, David Ogilby in Meklekenny, David Ogilby, Jhone Ogilby, brethir to the sade Thomas, Wilyeam Carnegy, Henry Reoch in Glennoy, Jhone Guthre in Tulloch, Jhone Broune in Fotharege, Robert Bane in Cortoquhy, Jhone Ogilby and Jhone Bowar, that quhare the sade Jhone Ogilby and Jhone of Erskin become souirte til David Betone in our soverane lordis name, for the soum of lxxx of li. for ane composicione of remissione to the sade Thomas Ogilby of Clova and the personis abonewrittin, and til heire thame be decernit til pay the sade soum til the sadis Jhone Ogilby and Jhone Erskin, togiddir with the double thairof”, the said John Ogilby of Innerquharite being personally present for himself and also as procurator for the said John of Erskin, and the said Thomas compearing by John of Ogilby, his procurator, the lords decern that Thomas and the remaining defenders shall keep John Ogilby of Innerquharite and John Erskin harmless and scaithless of the said £80 and of all damages sustained thereat the hands of the king, they having obliged themselves to John Ogilby and John Erskin in an instrument now produced, and they ordain letters for distraint. The Lords also decern that the defenders shall pay John Ogilby and John Erskin’s expenses of plea, assign to the latter 19th June next to prove the same and ordain them to have letters to call witnesses and probation, summons for damages to be raised if necessary. The Lords further decern that the defenders shall pay 40s. to Mr. Gavin of Dunbar, dean of Murray and clerk register, for their unlaws, towards the lords’ expenses, and they ordain letters for distraint.

Modern English Translation: John Ogilby of Innerquharite In the action and cause pursued by John Ogilby of Innerquharite and John Erskin, fiar of Dun, against Thomas Ogilby of Clova, John Ogilby of Bawnagarro, John Lindsay of Lethnot, David Rawin of Colzeane, John Scot (son and apparent heir to John Scot of Arbieke), David Ogilby in Meklekenny, David Ogilby, John Ogilby (brethren to the said Thomas), William Carnegy, Henry Reoch in Glennoy, John Guthrie in Tulloch, John Broune in Fotharege, Robert Bane in Cortoquhy, John Ogilby and John Bowar, that whereas the said John Ogilby and John of Erskin became sureties to David Betone in our sovereign lord’s name for the sum of £80 for a composition of remission to the said Thomas Ogilby of Clova and the persons above written, and to hear them be decerned to pay the said sum to the said John Ogilby and John Erskin, together with the double thereof, the said John Ogilby of Innerquharite being personally present for himself and also as procurator for the said John of Erskin, and the said Thomas compearing by John of Ogilby, his procurator, the Lords decern that Thomas and the remaining defenders shall keep John Ogilby of Innerquharite and John Erskin harmless and skaithless of the said £80 and of all damages sustained thereat the hands of the king, they having obliged themselves to John Ogilby and John Erskin in an instrument now produced, and they ordain letters for distraint. The Lords also decern that the defenders shall pay John Ogilby and John Erskin’s expenses of plea, assign to the latter 19th June next to prove the same and ordain them to have letters to call witnesses and probation, summons for damages to be raised if necessary. The Lords further decern that the defenders shall pay 40s. to Mr. Gavin of Dunbar, dean of Murray and clerk register, for their unlaws, towards the lords’ expenses, and they ordain letters for distraint.

Historical Significance: This entry records a large surety/remission action in which a group of defenders (including John Guthrie in Tulloch) are held liable to keep the pursuers harmless for a £80 composition paid on their behalf. The Lords enforce the obligation and award expenses. It illustrates collective liability and the use of suretyship in remission cases.

Genealogical Significance: Names Jhone Guthre in Tulloch (John Guthrie in Tulloch) as one of the defenders/sureties in a major obligation to keep John Ogilby of Innerquharite and John Erskin harmless for a £80 composition of remission. This is the indexed entry for John Guthrie in Tulloch on p. 239 and places him among a wide network of northern/Perthshire figures involved in legal suretyship. Location note: Tulloch and broader northern/Perthshire connections.

Legal Terms and Scottish Practices:

• Souirte / sureties: Suretyship or guarantee.
• Composition of remission: Payment for royal pardon/remission of offences.
• Harmless and skaithless: Indemnified against loss or damage.
• Unlaws: Fines or penalties.
• Letters for distraint: Authority to seize goods/property for enforcement.

PUBLIC AFFAIRS

ACTS of the LORDS of COUNCIL in PUBLIC AFFAIRS
1501 – 1554

Scotland. Privy Council. Acts of the Lords of Council In Public Affairs, 1501-1554: Selections From the Acta Dominorum Concilii; Introductory to the Register of the Privy Council of Scotland. Edinburgh: H.M. General Register House, 1932.

Acts of the Lords of Council in Public Affairs, 1501–1554 – Guthrie Index & Navigator Editor: Robert Kerr Hannay, M.A., LL.D. (1932)
Coverage: Selections from the Acta Dominorum Concilii, 1501–1554

Acts of the Lords of Council in Public Affairs, 1501–1554, Page 462

Date: 15 January 1538

Guthrie(s) Identified:

• Alexander Guthrie of Kyncaldrum
• David Guthrie of that Ilk
• John Guthrie of Ballinbreich

Role:

• Alexander Guthrie of Kyncaldrum: Person in ward (required to find caution)
• David Guthrie of that Ilk & John Guthrie of Ballinbreich: Cautioners/sureties

Summary Transcription: “Chancellar and lordis of our counsale, it is our will and we charge you that ye ressave sufficient cautioun and souirte of Alexander Guthre of Kyncaldrum that he sall nocht eschew nor evaid furth of our ward in our castell of Edinburgh induring our will, undir the pane of fyve thowsand merkis; and the said souirte being fundin, that ye caus him to be put to fre ward within our said castell to pas in ony parte tharof quhair he pleissis, as ye will answer to us tharupoun. Subscrivit with our hand and undir our signett at Linlithqw the secund day of Januar and of our regnne the xxv yeire.” “James R.” [autograph signature].

David Guthre of that Ilk, David Raite of Drumnagar, John Guthre of Ballinbreich, and David Raite of Jaxtoun become cautioners before the lords.

Modern English Translation: Chancellor and lords of our council, it is our will and we charge you that you receive sufficient caution and surety of Alexander Guthrie of Kyncaldrum that he shall not escape nor evade further from our ward in our castle of Edinburgh during our will, under the pain of five thousand merks; and the said surety being found, that you cause him to be put to free ward within our said castle to pass in any part thereof where he pleases, as you will answer to us thereupon. Subscribed with our hand and under our signet at Linlithgow the second day of January and of our reign the twenty-fifth year. “James R.” [autograph signature].

David Guthrie of that Ilk, David Raite of Drumnagar, John Guthrie of Ballinbreich, and David Raite of Jaxtoun become cautioners before the lords.

Historical Significance: This entry records a royal command from James V requiring substantial caution (surety) for Alexander Guthrie of Kyncaldrum, who was being held in ward in Edinburgh Castle. The large penalty (£5,000 merks) reflects the seriousness of the matter. It illustrates the use of personal suretyship and the King’s direct intervention in cases of wardship and confinement.

Genealogical Significance: Names three Guthries:

• Alexander Guthrie of Kyncaldrum (the individual in ward)
• David Guthrie of that Ilk (cautioner)
• John Guthrie of Ballinbreich (cautioner)

This provides valuable connections between different branches of the Guthrie family in the mid-16th century and shows their involvement in high-level suretyship obligations. Location note: Kyncaldrum, Ballinbreich, and other Angus/Forfarshire or eastern Scottish estates.

Legal Terms and Scottish Practices:

• Cautioun and souirte: Caution and surety (personal guarantee).
• Ward: Confinement or custody (often in a royal castle).
• Eschew nor evaid furth of our ward: Escape or evade from custody.
• Become cautioners: Act as sureties/guarantors.

Acts of the Lords of Council in Public Affairs, 1501–1554, Page 580

Date: 4 February 1549

Guthrie(s) Identified:

• Alexander Guthrie

Role:

• Co-obligant for payment of half the tocher (dowry) of 2000 merks in a marriage contract

Summary Transcription: Registered contract (Edin., Jan. 30) by the Dowager for herself and Jane, Lady Fleming, and Margaret Fleming, “maistres Graham,” her daughter, and Thomas, Master of Erskine, who shall in all goodly haste marry Margaret, now a widow, causing John Cunynghame to infeft her in liferent of Drumquhessill (bringing £100), under the Queen’s confirmation, with reversion as soon as she is married and has conjunct infeftment of Balmokelly (Aberd.): he shall also with all diligence procure from Rome dispensation for third and fourth and fourth degrees of affinity, or any further impediment afterwards ascertained, notwithstanding that the marriage is instantly to be completed “scienter and the said impediment knawin”: in the event (which God forbid) of divorce, Margaret shall enjoy her liferent or conjunct-fee lands till repayment of 2000 merks tocher now undertaken by the Dowager on behalf of Lady Fleming, and payable at Whitsunday next, half by Robert Carnegy of Kynnard and Alexander Guthrie, half by Finlay Campbell of Corswell. The Dowager’s bond of relief in favour of Campbell is also registered.

Modern English Translation: Registered contract (Edinburgh, 30 January) by the Dowager for herself and Jane, Lady Fleming, and Margaret Fleming, “maistres Graham,” her daughter, and Thomas, Master of Erskine, who shall in all goodly haste marry Margaret, now a widow, causing John Cunningham to infeft her in liferent of Drumquhessill (bringing £100), under the Queen’s confirmation, with reversion as soon as she is married and has conjunct infeftment of Balmokelly (Aberdeenshire): he shall also with all diligence procure from Rome dispensation for third and fourth and fourth degrees of affinity, or any further impediment afterwards ascertained, notwithstanding that the marriage is instantly to be completed “knowingly and the said impediment known”: in the event (which God forbid) of divorce, Margaret shall enjoy her liferent or conjunct-fee lands till repayment of 2000 merks tocher now undertaken by the Dowager on behalf of Lady Fleming, and payable at Whitsunday next, half by Robert Carnegie of Kinnaird and Alexander Guthrie, half by Finlay Campbell of Corswell. The Dowager’s bond of relief in favour of Campbell is also registered.

Historical Significance: This entry records a detailed marriage contract involving high-status families (Fleming, Erskine, Carnegie, Guthrie, Campbell). It includes provisions for liferents, conjunct infeftment, papal dispensation for consanguinity, and financial securities. The involvement of multiple cautioners for the tocher highlights the complex financial arrangements surrounding noble marriages in mid-16th-century Scotland.

Genealogical Significance: Names Alexander Guthrie as one of the co-obligants (with Robert Carnegie of Kinnaird) for payment of half the 2000 merk tocher in the marriage of Thomas, Master of Erskine to Margaret Fleming. This places him in a network of prominent families involved in noble marriage settlements. Further identification of this Alexander Guthrie (branch and location) would be valuable for family reconstruction. Location note: Connections to Aberdeenshire (Balmokelly) and eastern Scotland.

Legal Terms and Scottish Practices:

• Tocher: Dowry or marriage portion paid by the bride’s family.
• Liferent: Right to enjoy the profits of lands during one’s lifetime.
• Conjunct infeftment: Joint ownership (typically between spouses).
• Dispensation from Rome: Papal permission to marry despite degrees of consanguinity/affinity.
• Bond of relief: Guarantee to protect another party from loss.

Acts of the Lords of Council in Public Affairs, 1501–1554, Page 639

Date: 1554–1557 (referencing an earlier act from A.D. xvi, f. 104)

Guthrie(s) Identified:

• Sir James Guthrie, parson of Kirkbuddo

Role:

• Person whose ransom (500 crowns of the sun) is the subject of the action

Summary Transcription: (15) Action anent 500 crowns of the sun, the ransom of Sir James Guthrie, parson of Kirkbuddo, to the English in Broughty (A.D. xvi, f. 104).

Modern English Translation: (15) Action concerning 500 crowns of the sun, the ransom of Sir James Guthrie, parson of Kirkbuddo, to the English in Broughty.

Historical Significance: This brief entry refers to an action regarding the ransom of a Scottish cleric, Sir James Guthrie (parson of Kirkbuddo), who had been captured by English forces at Broughty (Broughty Castle/Ferry) during the period of Anglo-Scottish conflict in the mid-16th century (likely the Rough Wooing era). The sum of 500 crowns of the sun was a significant amount, indicating his status and the seriousness of the matter.

Genealogical Significance: Names Sir James Guthrie, parson of Kirkbuddo, as the individual whose ransom was the subject of legal proceedings. This provides evidence of a clerical branch of the Guthrie family active in Angus (Kirkbuddo is in Forfarshire/Angus) during the mid-16th century. Location note: Kirkbuddo (Angus) and Broughty (Dundee area).

Legal Terms and Scottish Practices:

• Action anent: Legal action concerning.
• Crowns of the sun: French gold coin (écu au soleil) commonly used in ransom payments.
• Ransom: Payment for release from captivity.