[A1661/1/26]*[print] [email] [cite] [preceding] [following]
There being a petition presented to us by John Aitchison, writer in Edinburgh, holding forth that Patrick Home of Coldingham Law (whose lands the said John had apprised and was in possession by virtue of a right under the said Patrick's own hand) had not only, contrary to his own handwriting, but to an act of the honourable committee of estates last sitting, whereby he was discharged to trouble the said John or his tenants, come to the lands possessed by the said John Aitchison and by his servants and accomplices at 10 o'clock at night, and caused the tenants open the barn doors and violently carried away the petitioner's farm victual, unwinnowed, to his own barn, to the several quantities contained in the petition, and disposed thereupon in manner therein specified, under a pretext to give them to [James Home], earl of Home for his teind bolls, albeit the teind had been led formerly before the leading of the stock; and therefore humbly praying that the said petitioner may be restored to the quantities of victual taken away by him, and that the said Patrick may be punished for the aforesaid riot and contempt of his majesty's authority, which was duly intimated to him.
Which petition and desire thereof being considered by us, commissioners appointed for complaints, and having perused the said former act of the committee and several papers produced by both parties and examined the matter of fact, we find that the said Patrick Home has contravened the aforesaid act of the committee of estates, in going to the barns of the tenants and taking away 22 bolls of barley and 13 bolls of oats, confessed by himself; and that thereby he has committed riot and oppression; and therefore it is our humble opinion that he not only ought and should restore to the said John Aitchison the aforesaid bolls of victual (without prejudice to the said earl to suit his teind aforesaid, as accords of the law) but also ought to find sufficient and responsible caution for the indemnity of the said John Aitchison and his tenants in time coming. And further it is our humble opinion that the said Patrick and his accomplices should be censured for the aforesaid riot and contempt at the arbitrament of this high court of parliament, but in respect of the condition of the said Patrick, we humble conceive that your lords may be favourable in the said censor if he finds sufficient caution not to do the same in time coming.
Edinburgh, 20 February 1661
The lord commissioner and parliament approve the report and ordain an act to be extracted hereupon.
[William Cunningham, earl of] Glencairn, chancellor, in the presence of the lords of parliament