[1641/7/80]¹

Procedure: ordinance in favour of William Dick

Decreet and ordinance of parliament in favoures of Williame Dik contra the Laird of Aitkine

Anente the supplicatione givine in to the estates of parliament, now conveened by his majesties speciall authoritie, be Williame Dicke of Braid aganes George Aitkine of Wnderage, for intruding of himselfe in ane barbarous and laules way, upon the last day of Julii last bypast, in the possessione of the cloise, houses, barnes and otheris his workis within the toune of Dumbarr appoynted for makeing, paking, dressing and keepeing of red and whyt hering, togidder with the haill necessar materiellis belonging to the saidis works disponit be the said George Aitkine to the said Williame Dicke, and wherof the said George Aitkine had put the said Williame Dicke and Williame Dicke, younger, his sone, and Alexander Drummond, his factour, in possessione, conforme to the dispositione and reightis and infeftmentes of possessione mad and givine be the said George Aitkine to the said Williame Dicke therwpoun, and anent the chairge givine to the said George Aitkine to have compeired befor the estates of parliament at ane certane day bygaine, with continowatione of dayes, to have hard and seene him punished for the said wrong and ryot, and decernit to reposses the said Williame Dicke and his factouris and their servandis foirsaidis againe to his and ther foirnamed possessione, and to find sufficient cation that he should nowayes directlie nor indirectlie trouble, molest nor prejudice them in the peaceable and profitable possessione foirsaid, as at mair lenth is contenit in the said supplicatione. Quhilke supplicatione and pairtie abowewrittin being the said day oppinlie callit and publictlie red in audience of the parliament, compeirit personallie the said Williame Dicke, compleaner, and also compeired personallie the said George Aitkine, defender, who denyit the poyntes of the supplicatione and wrongis and ryot therinmentionat, quhairwpoun the estates of parliament received, suore and admittit in presence of the parliament the witness wha war summond for proveing of the said complaint and thereftir committed the examinatione of the saids witness, with the tryell and consideratione of the dispositione and wretis wherupon the supplicatione is foundit, to David, erle of Southeske, for the nobilitie, Williame Rig of Ethernie for the barrones and Maister Robert Barcley, commissioner for the burghe of Irving, for the commissioneris of burrowes, thrie of ther nomber, to be reported be them to the saidis estates, quha accordinglie heaveng examinat certane witness and red and considerit the said dispositione and wretis foirsaidis and therwpon haveing hard both the pairties and mad the said George Aitkine sensible of the treuth and veritie of the premiss and of his miscariag in the committing of the wrong and ryot foirsaid, the said George Aitkine did acknowledge the samene, and in respect therof declairit and obleist himselfe as falloueth. Quhilke premiss being reported be the saidis David, erle of Southeske, Williame Rige of Ethernie and Maister Robert Barclay to the saidis esteates of parliament and the declaration, consent and obleishment abovewrittin mad and subscryved be the said George Aitkine being also publictlie red in audience of the parliament, the saidis estates hes interponit and interpones ther authoritie of parliament in and to the foirsaid consent, declaratione and obleishment abovementionat and approves the same; and conforme therto ordeanes and appoyntes the magistrats of Dumbarr, or ony of them, to repone and enter the said William Dicke and his sone and the said Alexander Drummond, his factour foirsaid, and the otheris servandis foirsaidis againe to the possessione of the foirsaidis cloise, houss, barne, workis, materiellis and wthers foirsaids to be peaceablie bruikit be them, conforme to the foirsaid right and dispositione and to the said George Aitkine his declaratione, consent and obleisment abovementionat, for doeing wherof the saidis estates grantis warrand comissione to the magistratis of Dumbar, or ony of them, quhairupon the said Williame Dicke asked instrumentis.