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Country code |
GB |
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Repository code |
234 |
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Organisation |
NAS |
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Repository |
National Records of Scotland |
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Reference |
GD86/126 |
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Title |
Letters under the signet of James V. narrating that Patrik Chene of Essilmont was infeft in the Water and fishings of Ythane described in GD86/102, and that he and his tenants have been in continual and peaceable possession of a "cruif wall & cruivis within the samin abone the kirk of Alloun callit the Cruif Wall of Alloun, togidder with tua uthir schottis liand beside the said cruif wall callit the Cruif Walschot and Brigschot" on the said water, as parts and pertinents of the said fishing, and also of the said water and "ald wattergang of Ythane" coming to the said cruive wall etc., until the 13th, 14th and 15th April when Mr. James Berclay of Kynharrachy, with his servants and accomplices to the number of 40 persons, "bodin in feir of weir", broke down a great part of the said cruive wall and "spulzeit" and withholds from him the stones thereof; and also has drawen the said Water of Ythane by the "ald wattergang" and passage from the said cruives, cruive wall etc., and "spulzeit" him of his possession thereof and refuses to pay the damages incurred amounting to £20 Scots. The Sheriff of Aberdeen, whose deputes are near of kin to the said Mr. James and therefor are suspect as judges in the above matter, is commanded to call the parties before him and take cognition in the matter, and also to summon an inquest of his sheriffdom "and four half about", and if he finds the allegations of the said Patrick Chene proven to restore him to his possession of the said cruive wall etc., and to his right to have the said water by the "ald wattergang" to his fishings etc. and keep and defend him therein, and also to compel Berclay to pay the damages sustained. At Edinburgh 21 April a. r. 29 [1542] |
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Dates |
21 Apr 1542 |
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Access status |
Open |
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Description |
(Signed) J. Bannatyne. |
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Level |
File |
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Publication note |
Printed in `Fraser Papers', S.H.S., pp. 177-179. |
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