[1581/10/70]¹

Act in favour of the burgh of Aberdeen

Forasmuch as concerning the supplication given in by the provost, bailies, council and community of the burgh of Aberdeen to the king's majesty and three estates of parliament, making mention that whereupon their supplication presented to his highness and lords of secret council at Dunnottar on 22 June 1580, declaring how his majesty's predecessors had endowed the said burgh with certain commodities, liberties and immunities for the support of the continuance thereof, namely, with a piece of ground called the Stokkat, adjacent to the said burgh, and with the salmon fishings of the same burgh upon the waters of Dee and Don, for yearly payment of 320 merks money of this realm to be paid in name of feu ferm to his highness and his successors; and how that they had been troubled in possessing of their said fishings by a pretended infeftment purchased by George Auchinleck of Balmanno in the time of the regency of the late James [Douglas], earl of Morton, uncle to the said George, from our said sovereign lord, with consent of the said late earl of the lands of Polgonie and Murtour, lying contiguous to the said salmon fishings of Don, and including in the said pretended infeftment salmon fishings by a clause of novodamus etc. inserted therein, cautiously to question the said complainers' old infeftment and possession of their said fishings enjoyed and possessed by them of before, without impediment since their first obtaining thereof, and thereby tending not only to prejudice them of their said fishings and former right thereof aforesaid, but also to take from our said sovereign lord and his successors the patrimony of the feu mail aforesaid of the said fishings and to diminish and stay the same and yearly customs of salmon fish taken and to be taken within the said fishings, being the most special duty of the said burgh, debt bound to be paid yearly to our said sovereign lord and successors, testified by the exchequer accounts; whereupon, and for other good reasons rehearsed in the said supplication, it then pleased our said sovereign lord, being at Dunnottar as said is, to revoke, abrogate, annul and discharge, with advice of the lords of his highness's secret council then present, the said pretended new infeftment of novodamus etc., so far as the same extends or may extend to the said fishings only as given to the said George in his highness's minority, not only to their hurt, but also to the great hurt of his majesty's own yearly rent, declaring the same, with all that followed or may follow thereupon touching the said fishings, to have been from the beginning, and to be in all time coming, of no value, force nor effect in judgement or outwith, wherever the same be produced, as a decreet and act of secret council of the date aforesaid here present to show at more length purports. And also at Holyroodhouse on 24 January 1581, our said sovereign lord, with advice of the lords of secret council aforesaid then convened, ratified and approved the said revocation and act of secret council made thereupon in all effects, respects and conditions expressed therein, and also then of new revoked, abrogated, annulled and discharged the said new pretended infeftment of novodamus etc. so far as the same extends or may extend to the said fishings, in manner at length above-written; and moreover, then ordained the said revocations and approbation to be ratified in his highness's next parliament, with new revocation, if need be, then to be made therein in corroboration of the said complainers' right and security and his highness's commodity of the feu mail aforesaid, as an act and decreet of secret council made thereupon, including the said former act of the date at Holyroodhouse on 24 January 1581, here ready to show at more length does testify. Desiring most humbly, therefore, our said sovereign lord and three estates aforesaid to see and consider the said former acts of revocation and whole contents thereof, and, in respect of the same and reasonable cause therein expressed, that his highness of new in this present parliament, with advice of the said estates, would revoke, abrogate, annul and discharge the said pretended new infeftment given by disposition and clause of novodamus etc. to the said George Auchinleck and others therein contained, of whatsoever date the same be, so far as the same extends or may extend to the said fishings only as given to the said George and others therein nominated in his highness's minority, not only to the hurt and detriment of the said burgh, commodities and privileges thereof, but also to the great hurt of his majesty's yearly annualrent; and to declare the same now as of before, with all that has followed or may follow thereupon touching the said fishing, to have been from the beginning and to be in all time coming null and of no value, force, strength nor effect in judgement, nor outwith wherever the same has been or is produced and shown, as at more length is contained in the said supplication. Which being seen and considered, first by the lords of articles and thereafter by the king's grace and estates, our said sovereign lord, with advice of the said three estates of this present parliament, revokes, abrogate, annuls and discharges the said pretended new infeftment given by disposition and clause of novodamus etc. to the said George Auchinleck and others therein contained, of whatsoever date the same be, so far as the same extends or may extend to the said fishings only as given to the said George and others therein nominated in our said sovereign lord's minority, not only to his highness's hurt and detriment of the said burgh, but also to the great hurt of his majesty's own yearly rent; and therefore decrees and declares the same now as of before, with all that has followed or may follow thereupon touching the said fishings, to have been from the beginning and to be in all time coming, null and of no value, force, strength nor effect, in judgement nor outwith, wherever the same has been or is produced and shown; and ordains letters of publication to be directed hereupon, if need be, in the appropriate form.