[1661/1/75]¹

Act [concerning] John Aitchison against Patrick Home

Anent the supplication given in to the commissioners of parliament appointed for bills and treading be Johne Aitchison, writter in Edinburgh, against Patrick Home of Coldinghamelaw, shewing that vpon the tuentie seventh day of December last in reference to a former warrand presented be him upon ane complaint to the late committie of estates, appointed be his majesties' speciall warrand and authority, against the said Patrick Home of Coldinghamelaw, whose lands he had comprised and is in possession of by letting of tacks and uplifting the dueties of a parte therof, with the said laird of Coldinghame his oun consent, who hes, not only contrare to the late committies former order produced, sold some of the petitioner's fermes, but also discharged his tennents to pay him the rest of this present yeer's ferme, conforme to their tacks, and hes caused some of them dight a parte of their beir; which he, accompanied with Gawin Cleghorne in the law, Alexander Daill, ther, Patrick Hog and severall women, came betuixt nyn and ten hours at night and caused the tennents open their doores, and violently caried away the same and latelie he had broken up the barne doores and caused carie away the petitioner's ferme victuall undight to his oun barne, wher he caused dight the same and had delivered it to ane servant of the earle of Home's under pretext of his lordship's valued teind bolls. Notwithstanding, the said laird of Coldinghamelaw caused leid and sequestrat the teinds of the said petitioner's tennents their cornes befor their leiding of the stock for their oune use, so that the petitioner's tennents are therby rwined, the petitioner opprest and disappointed of his just right and his majesties' authority contemned and, therfor, craveing that he may be punished for the forsaid ryot and contempt of his majesties' authority, which wes duelie intimat to him and that he may be ordained to find caution for their indemnity and restitution of the ferme he hath so violently taken away. Which supplication, being red in presence of the saids estates of parliament appointed for bills and tradeing, and the said Johne Aitchisone being presently present who produced in their presence ane order of the committie of estates forsaid, dated the eight day of December last, wherby they (inrespect of the said Patrick Home his oppression contrare to his oun hand writ) discharged the said Patrick any wayes to intromet with or uplift any of the rents or fermes of the saids lands from the tennents (allocated to the said Johne Aitchison) and also prohibiteing the said Patrick to trouble or molest the saids tennents for their rents dureing the said Johne Aitchison's right, as the said order under the subscription of Sir Archibald Primerose, clerk of register and rolls, at more lenth is contained, together with diverse other writts for instructing his right in the said mater, and the said Patrick Home, defender, compeirand personally, the estates of parliament, haveing at lenth heard, sein and considered the forsaid act and order of the committie of estates produced for the said pursuer, of the date, tenor and contents abovewritten, together with the haill dispute given in be either of the saids parties against others in writ anent the premisses all extant in processe, together with the report of the commissioners of parliament appointed for bills given in theranent, after full examination of both parties in the said mater, and haveing also considered diverse writts and papers produced for the said defender, and examined the mater of fact, finds that the said Patrick Home hes contraveened the forsaid act and order of the committie of estates in goeing to the barnes of the tennents and away takeing of tuentie tuo bolls beir and threttein bolls oats, confest be himselff, and that therby he hes committed a great ryot and oppression, and therfor decernes and ordeanes the said Patrick Home, defender, to restore and delyver to the said Johne Aitchisone, pursuer, the said tuentie tuo bolls beir and threttein bolls oats confest to be intrometted with be him, as said is, but prejudice to the earle of Home to sute for his teind either fra the said Patrick Home, who caused lead the same befor the leading of the stock, or fra the said Johne Aitchisone, as accords of the law, and als to find sufficient and responsall caution, for the indemnity of the said Johne Aitchison and his tennents, that he nor they shall not be troubled in their possession by him, his tennents, servants or any others whom he may stop or let dureing the said Johne his right to the saids lands in tyme comeing, and ordaines letters etc.