Decreet, 21 November 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

Edinburgh the 21 November 1695

D1695/11/201

Decreet

Interloquitor betwixt The toune of Edinburgh and Commistoune

In the process Depending before the Lords of his Majesties privy Councill at the instance of the magistrats of Edinburgh anent ther wells The saids Lords haveing upon the nynteinth of November instant appointed a Comittie of their oun number to visit the grounds wher the wells Lyes and Consider the same, And indeavour to agree the parties, and incase of Deficultie to report to the Councill The Condition of the saids wells as they presently stand And the Comittie haveing this day made ther report to the Councill That Conforme to the forsaid reference given in to them They haveing gone to the ground of the wells Contraverted and visited the same They Find that the toune of Edinburgh has been in Constant possession of the well Called the Todes-well with a Libertie Conforme to the Contract of Six foot of Breadth for makeing ther accquaeduct which Comes within a very short Breadth of Mowbreys well, Wher the toune of a good time hade built a Hutt upon Munbrayes well But of late that Hutt is some way broken doune And the Watter Course Is diverted by a litle Cutt from the Communication which they hade with the acquaeduct from Todieswell Which is their possessione presently But they find that in the year Jaj vic Eightie four being ten year after the forsaid right or dispositione of Todieswell Ane interuptione made be way of instrument Be the Laird of Commistoune when the toune of Edinburgh was building a Storm hutt upon Minbrayes well, And Finds that ther is one hutt built upon the well Called Hares-well and that ther is a Cutt which divertes the watters from the toune acquaeduct, And It is the Committies opinion that witnesses be examined anent the toune of Edinburghs possessione and also for Commistoune as the said report at length bears The saids Lords of his majesties privy Councill haveing Considered the above report with a petition of the Ladie Comistounes And a testificat of Comistounes indisposition They heirby approve of the said report of the Committie And Grants Dilligence to both parties hinc inde to prove possession and interuptione in the termes of the report, And appoints the Lord Carmicheall and the Lord Justice Clerk to be a Committie for examineing the witnesses.

Edinburgh the 21 November 1695

D1695/11/201

Decreet

Interloquitor betwixt The toune of Edinburgh and Commistoune

In the process Depending before the Lords of his Majesties privy Councill at the instance of the magistrats of Edinburgh anent ther wells The saids Lords haveing upon the nynteinth of November instant appointed a Comittie of their oun number to visit the grounds wher the wells Lyes and Consider the same, And indeavour to agree the parties, and incase of Deficultie to report to the Councill The Condition of the saids wells as they presently stand And the Comittie haveing this day made ther report to the Councill That Conforme to the forsaid reference given in to them They haveing gone to the ground of the wells Contraverted and visited the same They Find that the toune of Edinburgh has been in Constant possession of the well Called the Todes-well with a Libertie Conforme to the Contract of Six foot of Breadth for makeing ther accquaeduct which Comes within a very short Breadth of Mowbreys well, Wher the toune of a good time hade built a Hutt upon Munbrayes well But of late that Hutt is some way broken doune And the Watter Course Is diverted by a litle Cutt from the Communication which they hade with the acquaeduct from Todieswell Which is their possessione presently But they find that in the year Jaj vic Eightie four being ten year after the forsaid right or dispositione of Todieswell Ane interuptione made be way of instrument Be the Laird of Commistoune when the toune of Edinburgh was building a Storm hutt upon Minbrayes well, And Finds that ther is one hutt built upon the well Called Hares-well and that ther is a Cutt which divertes the watters from the toune acquaeduct, And It is the Committies opinion that witnesses be examined anent the toune of Edinburghs possessione and also for Commistoune as the said report at length bears The saids Lords of his majesties privy Councill haveing Considered the above report with a petition of the Ladie Comistounes And a testificat of Comistounes indisposition They heirby approve of the said report of the Committie And Grants Dilligence to both parties hinc inde to prove possession and interuptione in the termes of the report, And appoints the Lord Carmicheall and the Lord Justice Clerk to be a Committie for examineing the witnesses.

1. NRS, PC2/26, 30v-31r.

1. NRS, PC2/26, 30v-31r.