New Spalding Club > Records of Invercauld MDXLVII - MDCCCXXVIII [1547- 1828]

WOODS AND GRAZINGS: CORRIEVOUIE. II9
desyred by whose warrand he committed such a ryot in medleing with
his catle upon the said Sovereign's grassings upon which there was
produced a missive letter from the Earle of Mar desyreing the sd.
Kenneth Mackenzie to dryve royal catle he fand in his forrest and get
oblidgements for the same after the tenor of the sd. missive letter or to
dryve them to Alloa, which the said John Farquharson judged to be no
sufficent warrand, since it could not be the meaneing of the said Noble
Earle to include as ane forrest the grassings of the said Corriwues, the same
being always excluded in such dryvings. And his and his predecessors'
proper and grassing Catle, peaceablie and withoutdisturbance of such orders
possest past memorie of man and consequently that the coast, skaith and
damnages of the said illegall dryving (being without warrand) might be
imputed to the said Kenneth McKenzie alenarly as actor and be lyable for
the same. As to the allegat convocatione the said John ffarquharson
denyes the same in respect he came with what partie he onlie brought
with him with dogs and provisions in order to hunt with the laird of
Mcintosh and some of his friends who by appointment did meit the same
day, but that they were diverted by the noyse and tumult of the said illegall
dryveing. As to the allegat deforce it is positivelie denyed that the said
John ffarqrson marched on the head of any partie or had any pyper as is
allegat, but that he sent a few of his own tennents with his herds to bring
back his catle to their pasture being laid aside to that effect by the said
Kenneth McKenzie of consent. So that there can be no show of any
deforce pretended since there was no violence, threats, stroaks, or ill
words past betwixt any of the said parties on aither sides. Upon all and
sundrie the answers above writen the said John Farquharson of Invercald
asked and took instruments in the hands of me, nottar publick under-
subscribing.
" Thir things were done upon the ground of the said Corriwue
betwixt five and six hours in the afternoone plane day, month year of
God and Oueene's reigne above named and before witneses viz : Alxr
McKenzie of Dalemore, Donald McKenzie jnr, John McKenzie in
Glenlue, and William Mcintosh of Bordlam, Lachlan ffarqrson servitor to
the said John ffarquersone and James Shaw son to Duncan Shaw of
Craichnaird witneses specally called and requyred to the premisses.
" Ita est ut premittitur ego ffran-
ciseus Moir &c.
Fran: Moir, N.P. Etc.
Will Mackintoshe, wittnes."
Kenneth McKenzie of Dalmore, forester &c. foresaid, was the son of
John Farquharson's aunt-in-law, his uncle Robert Farquharson's widow
having married Roderick "McKenzie, Kenneth's father.