Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/10

D1697/1/10¹

Procedure: judicial proceedings

Remit Brwce of Pittorthie Against Corstorphine

Anent the lybell raised befor the Lords of his majesties privie Counsell at the instance of William Bruce of Pitterthie upon a petition given in to the saids Lords be the said William Shewing That wher John Corstorphin younger of Nydie and the said William Bruce haveing ther Lands contigwe and both coall upon the march But he the crop and the said William Brwce the dip did by a contract in August J^aj vi^c nyntie five agrie to sett doune a sink upon ther eqwall expenss and to pay the watermen equallie so Long as they should be profited by the said sink As the said contract bears Nevertheles the said John Corstorphin perceaveing that by neglecting his pairt of the Drawing the water might aryse to Such a measure as might Drown the said William Brwce his pairt of the coall and yet his pairt remaine frie and dry wherby he should have the whole seale that both of them had befor The Said John Corstorphine maliciowsely refwised to add the watermen necessarie for keeping Down the growing waters And furder in the moneth of november Last Did withdraw in the night tyme his men that were to work for that vice and towr And therby Did in effect Droun the said William Brwce his coall which now lyes wnder water through the said John Corstorphin his defawlt whyles his own remaines Dry and he injoyes the full sale And furder to evince that this was Nydies evill designe to the said William Brwce his prejudice he of Late and befor the Drowning of the said William Brwce his coall caused work a coall he had lying Levell with the petitioners and work it cleane owt to the effect that the petitioners coall alone might be drowned by his foirsaid maliciows practice And Seing that coalls and coallhewghs are of publict wse and concerne and that the foirsaid Drowning of the petitioners coall requyres a present remedie And that the saids Lords of our privie Counsell have bein in wse to interpose in causes of lyke nature And therfore humblie craveing to the effect therinmentioned As the said petitione bears The which petitione being red and considered by the saids Lords of our privie Counsell They ordained thir our Letters to be direct in maner and to the effect therinmentioned And anent the charge given to the said defender to have Compeared personallie befor the saids Lords of privie Counsell at ane certain day now bypast to have ansuered to the ground of the above lybell And to have heard and sein such order and course taken theranent as the saids Lords should think fitt wnder the paine of rebellione 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 both pairties Compeareing personallie and Sir David Thores Compeareing personallie as advocat for the perseuer And Mr Hugh Dallrimple and Mr Mungo Carnegie as advocats for the said defender the lybell and ansuers therto being read and both pairties advocats being fullie heard The Counsell Remitts the lybell to be insisted in and persewed befor the Judge ordinar via ordinaria and to be discust and determined ther