Memoranda relating to the family of Forbes of Waterton

FORBES OF WATERTOWN. 57
Informatione for the Relict and Children of the de-
ceased Thomas Forbes of Wattertoune, the Father
and Mother of the deceased George Spence, his
servant, and Alexander Bruce, late Shirreff-Clerk
of Banff [1652.]
May it pleas Your Honouris be informed that thair is aue hie mercat
way which leades from the house of Wattertoune to the churche and toun
of Ellone, of which toun the most pairt perteines to the deceised Thomas
Forbes, and the landis on both sydes of the way to him and Carmuckes
in rin rig. A litle be north the hie way, Kermuckes hes ane considerable
pooll, which intending to dry, he would neides draw ane deip ditch theirfra,
throw the hie way towardes the river of Ythane on the south, which ditche
could be of no les deipnes then 14 futtes whair the way was to be broken*
and which he wes desyred to draw another moir convenient and lawfull wey
then by breaking illegallie the hie wey, but would not. And the said
Thomas, considering that it was against the law and much preiudiciall to
him, his family and tennents, and to the wholl country, if the comoun
passage sould be thus violat, he desyred Mr Johnn Patersone, minister of
the paroche, to deall with Kermuckes to desist from his unlaufull purpose,
who haveing refuised this just desyre, Mr. Johnn did convein the Lairdes of
Foverane and Udny to treat upoun the bussines, who moved the pairties to
accord that the matter sould be referred to friendes, and in the meane tyme
the work to desist. Bot this comouninghaueing taken no effect by the fact
of Kermuckes younger, Wattertoune did thane apply himselff to lawieris,
whose counsall was that, according to law and custome of the natione, he
sould first use civill interruptione be way of instrument, and if he would
not forbear, then viafacti to have some persones readie with shooles and
spades to cast in what sould be digged furth at thair approche to the
hie way.
Now, at this tyme, thair hieing no judicatories, Wattertoune caused
supplicatthe Commissioneris at Dalkeith, that some might be deputed to
examine the bussines, bot befor the comissione could be exped and sent
North, that bloodie act was committed. Upoun the 12 of Februarii, Watter-
G