Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie Seventh of Jully J^aj vi^c nyntie seven yeirs

D1697/7/21

D1697/7/21¹

Procedure: judicial proceedings

Remit Lesslie of Iden

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Cownsell at the instance of George Lesslie of Iden for himself and in name and behalf of the other heretors of the upper water of Diviron with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing mentione That albeit by the Lawes of all well governed nationes and Commowne wealths And by the particular Lawes and acts of parliament of this kingdome and daylie practiq of the same All deads of violence and oppressione Are expressly prohibited and forbidden Especiallie among Salmond fishers and fishers at Croves And the beatting Strykeing and abwseing of Swch fishers or ther Servants Are likewayes prohibite and discharged wnder severall penalties And the Stopping of fish from haveing of frie passage in the waters wherin they are be crymes of Ane high nature And Severely pwnishable Nevertheless It is of veritie that the said Complainer being infeft and seased in the Salmond fishing of the water of Diveron conforme to his rights evidents and securities of the Samen And bownding therin mentioned Lying above the croves therof Notwithstanding wherof Alexander Lessly of Kinmwtrie Proveist of Banff Patrick Dwff of Castletowne Peter Rwssell of Muncoffer tacksemen of the Croves of Diveron and Salmong fishings on the said water Alexander Dwff of Braco heretor of the saids fishings and croves for his interest James Mansell William Sutherland James Smith Adam Dwff Kenners and Salmond Fishers on the said water and croves William Crwkshanks John Gordon Walter Smith George Innes James Watt Peter Dowgall William Walker George Ogilvie and James Alexander All works men and Salmond fishers on the said water and Crwives and bwilders of the wnwarrantable Crove dam John Lwmbsdens elder and yownger in Inerichnie and James Caddell Salmond fisher ther heretors tacksemen and others by themselvs and the accompices have most wnwarrantablie contraire to the express Lawes and acts of parliament of this kingdome made anent croves and salmond fishings and contraire to the decreits and Sentances of the Lords of our Counsell and Sessione founded upon the Saids acts of parliament obtained against the heretors of the croves on the said water of Don and others in Februarie J^aj vi^c and sixtie six And Since syne wherby The Lords of Session have regulated several abuses formerlie Committed by the saids heretors and fishers And Likewayes fortified by severall decreits of The Lords of our privie Counsell obtained at the instance of the wpper heretors of the said water By which the Saids Lords of our privie Counsell fyned the saids heretors of the saids croves in the sowme of Ten Thowsand merks for the contraveening the Lawes and acts of parliament made anent Croves fishing for ther not keepings the haicks at the distance of thrie inches betuixt each severall rwng and not observeing the Saturndayes Stopp in keeping ane ell of ilk crove open and the muscalls Layed asyde from Saturnday at Six of the cloak at night till Munday at Swnriseing and by fishing with Coble and nett and plench netts and other engynes dureing the tyme of the said Saturndayes Stopp And by ther wnlaufull Stenting of netts from one syde of the water to the other syde And by ther keeping and bigging the dyke of the saids croves ane extraordinarie height above the Superfice of the water to the height of four foot and ane half above the water and eight foot broad and in some places Sharpe Keap Stones layed over the head of the said Crove Dyke And for laying great Stones at the back of the Inskailes and above them and keeping the weather bands of the saids croves Dry above the water All which acts and Deeds of ryot violence and oppressione was likewayes Done and Committed by the foirnamed persones Defenders and ther accomplices contrairie to the express acts of parliament made anent the regwlar keeping of the Salmond croves and fishing And Likewise contrairie to the decreits and Sentances of The Lords of our privie Counsell And of the Lords of Sessione and others in the lyke caices For which deeds and acts of oppressione the saids heretors of Don were fyned in the Soume of Ten Thousand merks of expensses and ane thousand punds Scotts of faillzea for ilk terme then efter ther contraventione is and are a Leadening caise and practicq against all others to Count the lyke in tyme comeing Notwithstanding wherof the saids Alexander Lesslie Patrick Dwff and Peter Rwssell or ane or other of the abovenamed defenders and ther accomplices caused or did bwild ane extraordinarie high dam about the begining of the yeir J^aj vi^c and nyntie Six which dam they caused keep closs till the […] day of Janwarie the said yeir And did nether putt in crove or Stopp till about the […] day of March the said yeir By reasone of which deeds of violence and oppressione breaches of the saids acts of parliament and Lawes of this kingdome the Complainer could gett noe Salmong fishing in his said water for upwards of the Space of nyn or ten weeks And when the saids defenders were pleased to pwtt in the saids croves they putt them in ane illegall and unwarrantable maner as is above lybelled As instruments taken therupon by the said Complainer against the foirnamed persones ther deeds of violence and oppressione therwith prodwced testified And Likewayes the saids defenders did not take owt the Saturndayes Stopp nor caused take owt the Samen often till Swndayes Stopp by twelve or two or thrie of the cloak in the efternoon upon Swnday notwithstanding they are bownd and obleidged by the Lawes and acts of parliament and constant custome of this and all other Crove fishings within this kingdome to take owt the said Saturdayes Stopp at six of the cloak at night and keep it open till Mundayes morning at Swnriseing which is the only tyme the Salmond does or can come up to the upper water And in the moneth of Jwllie Last and severall tymes Since the saids defenders by themselvs or ther accomplices did cause block and bwild up with Stones the milnerind of Bamff which Letts up the Salmond to the Crovestop and keeped the Same soe closs that no Salmond fish could come up to the said Saturdayes Stop dureing the tyme the said Crove Slop was or Should have bein open the said milnerind being the only passage did or could come up to the Said Saturdayes Slop And Likewayes the saids defenders ther servants accomplices and wthers have putt in upon each end of the said crove dam Long hauks withowt Insbels or Leids with Long Iron Stobs upon the uppersyde of the same that a Small trowt cannot goe through them And which illegall procedoure and oppressione Are done of purpose to hinder the Comapliners Servants and fishes from goeing and comeing that way by reasone of the saids Iron Stobbs As alsoe the said Patrick Rwssell one of the defenders upon the […] day of […] J^aj vi^c nyntie six yeirs Came accompanied with eight or ten men to ane Stone hewgh or Craige that lyes within the Complainers fishing Spott of Innerchie in the said water of Diveron comonly called the Cirnpott with Gaverlocks and Iron matlocks to break downe the Craig under the pretence of takeing stones for his own milne Dam without the Complainers licence Therby to hinder and impede his fishing in the said pott owt of which pott in one night he would have gotten Ane Thousand and Five Hundereth Salmond and Feilses And now Since the said Craig was broken downe he can hardly gett any It being the reall designe of the saids defenders to rwine the said fishing pott which was of soe great value to the said Complainer as above said Lykeas upon the Eightein or nyntine dayes of Aprile Last bypast or ane or other of the dayes of the said moneth the saids John Lwmbsden elder and younger two of the defenders came in a rwide maner in ther boat when the Complainers Servant William Alexander was rowing off the Complainers own nett when fishing in his own water did throw the nett and grownd Sinkers over the flott and would not Suffer the Complainers own servants fish in his own water peaceably by threatening and minaceing the Complainers servants and fishers to his great Loss and prejudice As Also the saids two fornamed persones John Lwmbsden elder and yownger doe keep a ferrie boatt upon the Complainers water called sand Ley these two yeirs by past without any Shaddow or title for keeping of a ferrie boat or being infeft in any ferrie boat by themselvs or ther awthors Therby hindering and impeding the Complainers Shooting of the Salmond netts in that place of his own water And in lyke maner the saids heretors and tacksemen of the said Crove fishing did cause one or two of the defenders Viz James Caddell and Alexander Brodie most barbarouselie wnchristeanly and inhumainly beatt and stryke severall of the Complainers servants And particularly Alexander Walley often and diverse tymes And threw him Downe in a deep pitt of the said water And did ther beatt and Stryke him to the great hazard of his life of which he never recovered till his death As alsoe The said Alexander Lesslie of Kininvie hes oft and diverse tymes told the complainer himself and severall others and so threatned and minaced his servants by these following and the lyke threatning expressiones Viz that if any of the Complainers Servants were fownd on the crove dam that he Should cause them goe home with the Leggs on ther Shoulders which extraordinarie threats and minaces keeps back and hinders the Complainers servants and fishers from non knowing and observing the knowen and constant contravention of the Lawes and acts of parliament concerning Croves and Salmond fishing By all which acts and deeds of violence and oppression Committed by the foirnamed persones ane or aither of them as is above exprest through ther breach of the foirsaids Lawes and acts of parliament and daylie practicq of this kingdome anent Salmond crove fishing and throw ther most malitiows and oppressing maner of beatting Strykeing abuseing and oppressing the Complainer and his servants breakeing downe the foirsaid Craig in the foirsaid fishing pott and impedeing the Complainer in his fishing of the foirsaid Salmond Shott by bringing ane Comonne ferrie boatt to his water with out any Licence or right therfore wherby the Complainer is wronged and injured yeirlie in upwards of Four Thowsand dollars which formerly was the yeirly product of the Salmond fishing besydes the expensses of keepening and mentaining of boatts netts and servants etc And therfore ilk ane of the saids defenders for ther own pairts owght and should be decerned and condemned in the Soume of […] for contraveining the foirsaids Lawes and acts of parliament contrair to the decreits of the Lords of our Counsell and Sessione of our privie Counsell and other decreits and Sentances of the Lords of Counsell and Sessione in preceeding caises of the lyke nature And they ought and Should be pwnished furder in ther persones and goods for Committing the ryots and acts of violence and oppressione abovewritten to the terror of others to comit the lyke in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befor The saids Lords of privie Counsell at ane certaine day now bypast to have ansuered to the grownds of the above Complaint and to have therin as the saids Lords should think fitt wnder the paine of rebellione etc As in the principall Letters or lybell or Complaint and executiones therof at more Lenth is contained Which lybell or Letters of Complaint being this day called in presence of the saids Lords of privie Counsell And the persewer Compeareing personallie with Sir Patrick Home […] and Mr William Black his Advocats And the said Alexander Lesslie of Kininvie and Patrick Rwssell of Muntroffer two of the defenders Compeareing personallie with Sir David Thores Sir Alexander Cwming and Mr Farncis Grant ther Advocats And the haill remanent defenders being Laufullie cited oft tymes called and not Compeareing and the said Sir David Thores Sir Alexander Cwming and Mr Francis Grant Compeareing for the haill defenders The Lybell and ansuers therto being read The saids Lords doe heirby Remit to the Shireff principall of the Shyre of Bamff or his deputs to Judge decyde and determine in the mater lybelled according to Law and to the acts of parleament of this Kingdome made anent fishing