The History of Leith

November 25, 2013

The right to bring water into Leith

7th Feby. 1754.—The Session, having this day resumed the consideration of the controverted seats in the Kirk, the Committee reported that according to appointment they went to Edinburgh wt a design to wait upon Baron Maul, but were told by Mr Balfour of Pilrig that the Baron did not chuse to talk upon that affair with the Session’s Committee being a judge in the matter of the Charter and having no power from Lord Murray to make any agreement about ye controverted seats but directed the Committee to My Lord Murray’s Doers as the fittest persons to treat wt. upon that affair, whereupon B. John Balfour and B. David Strachan went directly and represented the Session’s Resolution concerning the controverted seats to Mr John McFarlane, Writer of Edinburgh, who undertook to manage the matter wt Lord Murray’s Agent, John McKenzie, and desir’d that an Extract of the said Resolution might be lodged wt him, promising at the same time that he would not deliver the same to Mr McKenzie or any one else ’till proper security is obtained for the Water from Lochend, The Session having heard the Report, came to the following Eesolution, That as the Right Hon. the Earl of Murray is now the most considerable heretor in this Parish and the Representative of the family of Balmerino, who have done many good offices to the Session and Town of Leith and being persuaded that the Noble Earl inherits the same good dispositions, and will always show a due regard to the interests of the place, They therefore agreed to put his Lordship in possession of the Seats in the Kirk which were formerly granted to the family of Balmerino to be enjoyed by His Lordship in the same manner wherein they were given to and possessed by that noble familv, and agreed that the Clerk shall give an Extract of the said Resolution, But the Session were unanimously of opinion that, as their only motive in yielding the said Seats to Lord Murray is to oblige the inhabitants of Leith, it is therefore necessary in the first place that the Incorporations who have subjected themselves to the burden of bringing in the Watter to Leith should know ye Session’s aim, with the steps they have already taken, And that the above Extract and Concession made on their part should be lodged wt the Masters of the Incorporations and Baillies of Leith upon their giving proper assurances that no use shall be made of the same without obtaining sufficient security for Lord Murray’s Charter being burdened wt the servitude of the water from Lochend agreable to the Grant formerly made by ye Barrens of Excheqr. to ye Town of Leith, and Further the Session hereby declare that unless such a Clause be really engrossed in Lord Murray’s Charter their present Concession in his favours shall be void ; And appoints the Masters of ye Incorporations to be warned to meet wt the Revd. Ministers the Baillies and Messrs John Crawford and Thomas Hadaway, Elderss Duncan Pollock and John Hadaway Deacons as a Committee appointed for the foresaid effect, to meet at Six o’clock this evening in the House of John Steil, upon the Shore of Leith.
(Note.—It was part of the arrangement with the Earl of Moray that he granted to the incorporations a servitude right to bring water into Leith from Lochend Loch. Some papers on this subject are printed in the ” Bailies of Leith.”)

source-South Leith Records

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