[1641/7/80]*[print] [email] [cite] [preceding] [following]
Regarding the supplication given in to the estates of parliament, now convened by his majesty's special authority, by William Dick of Braid against George Aitken of Underedge, for intruding of himself in a barbarous and lawless way, upon 31 July last, in the possession of the close, houses, barns and others of his works within the town of Dunbar appointed for making, packing, dressing and keeping of red and white herring, together with the whole necessary materials belonging to the said works conveyed by the said George Aitken to the said William Dick, and whereof the said George Aitken had put the said William Dick and William Dick younger, his son, and Alexander Drummond, his factor, in possession, according to the disposition and rights and infeftments of possession made and given by the said George Aitken to the said William Dick thereupon, and regarding the charge given to the said George Aitken to have compeared before the estates of parliament at a certain day bygone, with continuation of days, to have heard and seen him punished for the said wrong and riot, and determined to repossess the said William Dick and his factors and their servants foresaid again to his and their forenamed possession, and to find sufficient cation that he should in no way directly nor indirectly trouble, molest nor prejudice them in the peaceable and profitable possession foresaid, as at more length is contained in the said supplication. Which supplication and party above-written being the said day openly called and publicly read in audience of the parliament, compeared personally the said William Dick, complainer, and also compeared personally the said George Aitken, defender, who denied the points of the supplication and wrongs and riot mentioned therein, whereupon the estates of parliament received, swore and admitted in presence of the parliament the witnesses who were summoned for proving of the said complaint and thereafter committed the examination of the said witnesses, with the trial and consideration of the disposition and writs whereupon the supplication is founded, to David [Carnegie], earl of Southesk, for the nobility, William Rigg of Aithernie for the barons and Master Robert Barclay, commissioner for the burgh of Irvine, for the commissioners of burghs, three of their number, to be reported by them to the said estates, who accordingly having examined certain witnesses and read and considered the said disposition and writs foresaid and thereupon having heard both the parties and made the said George Aitken aware of the truth and verity of the premises and of his miscarriage in the committing of the wrong and riot foresaid, the said George Aitken did acknowledge the same, and in respect thereof declared and obliged himself as follows. Which premises being reported by the said David, earl of Southesk, William Rigg of Aithernie and Master Robert Barclay to the said estates of parliament and the declaration, consent and obligation above-written made and subscribed by the said George Aitken being also publicly read in audience of the parliament, the said estates have interposed and interpose their authority of parliament in and to the foresaid consent, declaration and obligation above-mentioned and approve the same; and according thereto ordain and appoint the magistrates of Dunbar, or any of them, to restore and enter the said William Dick and his son and the said Alexander Drummond, his factor foresaid, and the other servants foresaid again to the possession of the foresaid close, houses, barn, works, materials and others foresaid to be peaceably possessed by them, according to the foresaid right and disposition and to the said George Aitken's declaration, consent and obligation above-mentioned, for doing whereof the said estates grant warrant and commission to the magistrates of Dunbar, or any of them, whereupon the said William Dick asked instruments.