Act, 6 October 1697, Edinburgh

Att Edinburgh the Eleventh Day of Febrwary J^aj vi^c nyntie seven yeirs

D1697/2/12

D1697/2/12¹

Procedure: judicial proceedings

Remit Carstarphine against Brwce

Anent the lybell or Letters of Complaint raised and perswed befor the Lords of his majesties privie Counsell at the instance of John Corstorphine yownger of Nydie with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwrittin Mentioning That Forasmuch as the preserveing and mentaineing of Coallwork is of publict interest and concerne in which the Lords of our privie Counsell are in wse to interpose Summarlie for mentaineing of all contracts and partiones tending to the carying on of Such publict works And true that by contract of the date the Second day of August J^aj vi^c nyntie five betuixt William Brwce of Pitterthie and the complainer It was agried that they Should Sett doun one water sink and pay the expenss eqwallie wherby they are bound that als Long as aither of ther coallhewghs Should Last and the said wall sink Should serve for aither of ther benefites that the water men Should be payed eqwallie betuixt them and that if any of them Should Sett Downe ane other Sink Deeper the pairtie who desyres the Same Should Doe it upon his propper charges And if it Should happen the said other coallsink to dry and benefite aither pairtie Both became obleidged to pay watermen equallie ther being onlie two for each pairtie As also in caice the coall belonging to the said William Brwce Should faill he obleidged him to Suffer the Said Complainer to make wse of the Sinks And accordinglie ther being one Sink Sett Downe at mutwall expensses which was Sufficient for workeing the complainers coall and Pitterthie apprehending it advantageous for his coall to sett downe a sink deeper the said Complainer according to the foirsaid contract was willing to pay two watermen and finding the water increasce and that the Setting Downe of the other Sink to his great prejudice He Did notwithstanding offer to furnish four men for Drawing water out of the Last Sink which Pitterthie refwised to accept of requyreing Six And the Said Complainer nether being obleidged or willing to affoord Soe great a number The Defender or others in his name and by his warrand did threatten the said Complainers watermen for working in the first Sink declaireing that they would violentlie remove them or throw them in the Sink And the said defender hath withdrawen his proportione of the watermen tho he be expresslie bownd to fwrnish the eqwall half soe long as the said first Sink is wsefull to aither And Still withdrawing his men Since the midle of November J^aj vi^c and nyntie Six wherby the Said Complainer is greatlie Damnified in als far as he is obleidged to Draw the water whollie upon his own charge and the water is so increasced that thrie of five roumes in the said Complainers coallhewghs are drouned which Dammadge will amownt to the Soume of […] for bygones besyde the daylie Damnadge of expensses for intertaineing of eight watermen And therfore the said William Brwce of Pitterthie owght and Should be decerned by the Lords of our privie Counsell ther Decreit not only to make payment to the said Complainer of the said Soume of […] of Damnadge for bygones And […] of Daylie Damnadge Since Syne and in tyme comeing But also to furnish one rqwall half of the water men that Shall be necessarie for Drawing of water owt of the said Sink So Long as the Same Shall be necessarie for the Said Complainers work or Sixpence per Diem and als much per noctem for each water man falling to the defenders Share which Shall not be truely furnished And owght and Should be otherwayes pwnished in his persone and goods to the example and terror of others to Doe the lyke in tyme comeing And anent the charge given to the said Defender to have compeared personallie befor the Saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint And to have heard and Sein Such order and course taken theranent as the said Lords Should think fitt under the paine of rebellion etc As in the principall lybell or Letters of complaint and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And the said John Corstorphin persuer Compeareing by mr Mungo Carnegie Advocat his procurator and the said William Brwce of Pitterthie Compareing personallie The saids Lords haveing considered the said lybell and heard both pairties They heirby of Consent of Both pairties have remitted and hereby remits the foirsaid lybell to be insisted in and persewed befor the Jwdge ordinarie via ordinaria and to be discust and determined by them