Additional information for my Lord Gray. Against the Laird of Pourie.

Additional Information for my Lord Gray. AGAINST The Laird of Pourie.

THE Laird of Pourie finding that my Lord Gray in his former Information to the Parliament had fully and clearly taken off, and canvelled all the reasons ad∣duced by Pourie for overturning an unnanimous Decreet of the Lords of Sessi∣on, assoilzing My Lord Gray from Pouries action of warrandice intented a∣gainst him, and not being willing to give it over so soon, he hath as his last Effort drawn and dispersed a new Information stuffed with gross and Calumnious misrepresen∣tations in matter of Fact, which scarce merit any answer, and is needless to answer otherwayes then by opponing the plain grounds of Law and Reasons contained in my Lord Gray's former Information; Yet lest Pourie should take advantage by the Defend∣ers silence, and to takeoff any scrouple that may remain with the Honourable Members of Parliament; The following answers are briefly made by my Lord Gray to Pouries Additional Information.

And 1mo. whereas he denyes that he exacted the Size fish, otherwayes then they were formerly uplifted by the Lord Gray, or by Kid of Craigie, who had a Wodset thereof from the ••: Grays predecessors. It is answered, His rigorous and extraordinary exacting of the Size fish, was notour to the whole Country, which consisted in two particulars; First, In changing the place of drawing the Size fish from the Craige of Broughtie, to the Mercat of Dundee, thereby disturbing the Mercat, and hindering the people from selling their Fish. 2. In exacting the Size fish, whenever the Boats went to Sea, albeit they catched nothing, by doubling the Exaction, and taking twice as much as his due from the Boats, when ever they came in Loadned, which was never formerly practised by the former Heritors, and was so intollerable a Servitude and Burden, That the Earl of Pan∣mure declared, That in case Pourie prevailled in his Declarator, for constituting the Servitude, he would rather have given up his Fishing, and broken his whole Boats, then been lyable to such a grievous burden.

2. As to Pouries denying that he gave any Money for procuring the Bargain to any person whatsoever. It is Answered, That it is nottourly known, That my Lord Gray got only 20••00 Merks for Broughtie, albeit there be 21000 Merks insert in the Dispo∣sitiont which Poury got blank as to the Sum, and filled it up since he intented his Ac∣tion of Warrandice, before the Lords of Session, neither can he deny, that there was a 1000 M: given to one as a Gratification, who had influence to procure him the Bargain, but it is not m tterial, whether he gave any such Gratification or not, the Bargain being most advantagious. albeit he had payed the whole 21000 Merks therefore, and whither the Lands were sold by a fixed and stated Rental or not, it imports nothing, since he cannot deny but the Lands of Broughtie paved the Rent mentioned in my Lord Gray's Information. Viz, 1700 Merks, and a Hogshead of Wine for the Salmond Fishing, and 230 Merks, with a Darrel or Salmond of a ••ew Duty, which is a very considerable Rent for so small a price, albeit he had not the casuality of the Size Fish to the bargain, and which Rent hath been constantly payed to Pourie since his purchase these 29 years bypast, until within these two or three years that the Fishing sell in his own hand; The Tacksmen being unwilling to continue their Possession any longer, upon the account of Pouries rigor and severity; And albeit Craigie got a Wodset of the whole for 12000 M: that sayes nothing to deminish the Rent thereof since it was certainly a very lucrative Wodset and made great accession to Craigies Estate, whereof Pourie was so conscious, that he caus∣ed insert in the Disposition granted to him by my Lord Gray, of the Lands of Broughtie

an assignation to and action of Compt and reckoning competent against Craigie, that he might call him to accompt for the superplus Rents, and if need were it could be pro∣ven that his own Tacks-men of the Salmond Fishing allannarly made in one year 5000 Merk of neat pr••fit.

3tio. Whereas he asserts, That the s••z•• Fish is expresly contained in the Ancient Writes, And particularly in Craigies Wodset; It is answered, it is a most calumnious Alleagance, and evidently redargued by Pamutres Decreet of Immunitie, for if the syze fish had been contained in the Ancient Writes, Pourie would have certainly prevail∣ed against the Earl, and he would not have been straitned to ob••rude Prescription.

4to. Pourie denys that there are six Boats yet lyable in payment of the Size fish; And that whether it were so or not, nihil refert, since all the other Fishers did forbear to pay, after the Lord Panmure was assoilzied, and it would be in vain to insist against them, being in the same case with these assoi••zed. It is Answered, since Pourie cannot contravert, but that there were ten Boats lyable for Size fish; whereof he was in pos∣session for many years after his purchase, and that there are only four Boats belonging to Panmures Tenents, declared free; How is it possible but six must still remain, and if Pourie has no mind to exact the Size fish from these that are Lyable, that ought not to prejudge my Lord Gray, neither are Panmures Tenents and the other Fishers, who yet remain and are lyable in payment of the Sizefish, any wayes in the like Circum∣stances, Panmure being assoilzied, because the Prescription was no•• compleated against him, through his Minority, and Pouries acquiring a Wodset Right of the Lands lyable in payment of the Size fish, which O••jection being personal, both to the Earl of Pan∣mure, and against Pourie, is not competent to any others lyable in payment.

5to, As to that pretence, That the Syze fish are disponed in as clear Terms, as the Salmond fishing, and consequently cannot be repute part and pertinent, there being no mention made of the number of the Salmond and Cobles, more then of the size fish neither was it necessar to mention the Size Fish more particularly in the Disposition, since they were nottour to the whole Countrey, and these words in the Disposition [thereto belonging] must be applyed to the Gener••l clause of (all other Fishings) imme∣diatly preceeding, and not to the size fish, To which it is answered, That the parallel betwi•••• the 〈…〉〈…〉, in ••o far as the Salmond fish∣ing is specially narrated in all the Rights mentioned in Pouries Disposition, and was alwayes a part of the Rental, but the size fish is neither mentioned in these Rights, nor is a part of the Rental; 2do. The salmond fishing is inter Regalia, and does not fall under the general Designation of part and pertinent, but must be particularly disponed. 3tio. That the Size fish is only a pertinent, is clear from the grounds adduced in my Lord Gray's former Information, which is needless here to repeat. 4to. The Sal∣mond fishing is a positive Right, belonging either to the King, or Heritor of the Alvens, or Channel of the Water, where the fishes are taken; And the Emoluments thereof does arise out of the Heritors own property, whereas the s••z•• fish is no proper separate Right, but a servitude upon another mans right, which does not fall under any Ac∣tion of Recourse upon Warrandice.

Lastly, As to Pouries mismanadgement of the Process, the same is clearly instructed by Panmures Decreet of immunity, which bears expresly that Pourie did omit to inter∣rogat the Witnesses adduced for proving that prescription upon the number of years, that my Lord Grayes Predecessors possessed the Size Fish; And if the Witnesses had been so interrogat, the prescription had been undoubtedly proven; A••d albeit he has the confidence to affi m, that Criebie was present at the Examination of the Witnessess, and might have supplyed 〈…〉〈…〉 O••••••iss••••••▪ Y•••• that i•• s•• g••••sly false, That Criebie is willing to give his Oath, that he was not within eight myles of that place, where the Witnesses were examined at the time; And since Pourie ass••rts such gross misrep••esentations, which are so plainly redargued, All the other Alleagances con∣tained in his Information depending meerly upon his own Testimony, and destitute of the least presumption of Truth, ought no wayes to be regarded, but Rejected as all of one piece.

In Respect thereof, &c.