Act, 28 December 1693, Edinburgh

Edinburgh the Twentie thrid day of November J^aj vj^c nyntie thrie years

D1693/11/23

D1693/11/23¹

Act

Act Sir George Nicolsone Against The Earle of Kellie

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir George Nicolsone of Balcaskie Shewing That the Earle of Kellie and his factors and servants by his warrand and directione (as they pretend) haveing some moneths agoe most Illegally and unwarrantably come to the ground of the petitioners Lands of Green-dyke Greendykes which is a part of the barronie of Balcaskie, and ther sett doune a Coall Sink and wrought Coall within the contraverted marches of his saids Lands quherin he and his authors hade been in the peacable possessione be vertue of infeftments free of any servitude or pretence of Servitude these two hundred years and notwithstanding the petitioner interupted them both via paris by instruments and protestationes and via facti by dinging doune the mouth of their sink, They would not be interupted but persisted in their violence in their violence by working his Coall, quherupon the petitioner used Laborrowes against them and raised proce of Declarator and molestatione before the Judge ordinary Choiseing rather for to suffer for a time and to redress himself by legall means then either to deforce them by violence or to trouble the saids Lords with a Complaint, And they takeing advantage of the petitioners moderatione and forbearance, And that the sumer sessione did not sitt, have since sett doune severall sinks upon the petitioners very march, And Works the Coall in throw the petitioners ground wherby they wast his Coall haveing not only a Considerable seall for serving the Countrey Bot these two moneths bygone have hade Constantly two salt panns and some times thrie goeing with his Coall to his great prejudice and that now it would be a Considerable time before this proces before the sessione could come in by the course of the roll, And that in the mean time they are working his Coall day and night and abuseing it By which oppression the petitioner or his may be provocked to mantaine and keep thir oun right and possession by force Unles the saids Lords preveein their further oppression And Therfore Humbly Craveing the said Lords would be pleased to put a stopt to these ther unjust and Illegall introssiones and dischargeing them to work Coall pan wood or Lymewood, or wattermynds in his ground Untill the disscuss of the Civill actiones presently depending at his instance before the sessione for clearing therof as the said petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Sir George Niccolsone and answers made therto for the Earle of Kellie They allow both parties to adduce witneses for proveing their respective possessiones and interuptiones founded upon be them in the said bill or answers respective And allowes letters of dilligence to be direct at aither of their instances for citeing the said witnesses to Compeir against the fifth day of December nixt.