[1581/10/70]¹

Act in favoure of the burgh of Aberdene

Forsamekill as anent the supplicatioun gewin in be the provest, baillies, counsale and communitie of the burgh of Aberdene to the kingis majestie and thrie estatis of parliament, makand mentioun that quhare upoun thair supplicatioun presentit to his hienes and lordis of secreit counsale at Dunnottir, the xxij day of Junii the yeir of God v^C and fourescoir yeiris, declaring how his majesteis predecessoures hade dotit the said burgh with certane commodeteis, liberteis and immuneteis for the support of the continewance thairof, namelie, with ane pece of ground callit the Stokkat, adjacent to the said burgh, and with the salmond fischeingis of the samyn burgh upoun the walteris of Die and Done, for yeirlie payment of thrie hundreth and twentie markis money of this realme to be payit in name of fewferme to his hienes and his successouris; and how that thay hade bene trublit in bruiking of thair saidis fischeingis be ane pretendit infeftment purchest be George Auchinlek of Balmanno in the tyme of the regentrie of umquhile James, erle of Mortoun, mother brother to the said George, fra oure said soverane lord, with consent of the said umquhile erle of the landis of Polgonye and Murtour, lyand contigue to the said salmond fischeingis of Done, and including in the said pretendit infeftment salmond fischingis be ane claus (de novo damus) etc. insert thairin, cautelouslie to questioun the saidis complenaris auld infeftment and possessioun of thair saidis fischingis bruikit and possessit be thame of before, but impediment sen thair first obtening thairof, and thairbye tending nocht onlie to prejuge thame of thair saidis fischingis and former rycht thairof foirsaid, bot als to tak fra oure said soverane lord and his successoures the patremonie of the fewmaill foirsaid of the saidis fischeingis and to demineis and stay the samyn and yeirlie customes of salmond fisches takin and to be takin within the saidis fischingis, being the maist speciall dewtie of the said burgh, detbund to be payit yeirlie to oure said soverane lord and successoures, testefeit be the chaker comptis; quhairupoun, and for utheris gude ressones rehersit in the said supplicatioun, it than plesit oure said soverane lord, being at Dunnottir as said is, to revoik, cas, annull and discharge, with advise of the lordis of his hienes secreit counsale than present, the said pretendit new infeftment of (de novo damus) etc., safar as the samyn extendis or may extend to the saidis fischeingis allanerlie as gewin to the said George in his hienes minoritie, not onlie to thair skaith, bot als to the greit hurt of his majesteis awin yeirlie rent, declaring the samyn, with all that followit or may follow thairupoun tuiching the saidis fischeingis, to have bene fra the begynning, and to be in all tyme cumming, of nane awaill, force nor effect in jugement or outwith, quhare evir the samyn beis producit, as ane decreit and act of secreit counsale of the dait foirsaid heir present to schaw at mair lenth proportis. And als at Halyruidhous, the xxiiij day of Januar lastbipast, oure said soverane lord, with advise of the lordis of secreit counsall foirsaid that convenit, ratefeit and apprewit the said revocatioun and act of secreit counsale maid thairupoun in all effectis, respectis and conditiones expressit thairin, and als than of new revoikit, cassit, annullit and dischargit the said new pretendit infeftment (de novo damus) etc. safar as the samyn extendis or may extend to the saidis fischeingis, in maner at lenth abonewrittin; and attour, that ordanit the saidis revocationes and approbatioun to be ratefeit in his hienes nixt parliament, with new revocatioun, gif neid beis, than to be maid thairin in corroboratioun of the saidis complenaris rycht and securetie and his hienes commodetie of the fewmaill foirsaid, as ane act and decreit of secreit counsale maid thairanent, including the said former act of the dait at Halyruidhous, the said xxiiij day of Januar lastbipast, heir radye to schaw at mair lenth dois testefie. Desyring maist humblie, thairfore, oure said soverane lord and thrie estatis foirsaidis to sie and considder the saidis former actis of revocatioun and haill contentis thairof, and, in respect of the samyn and ressonable caus thairin expressit, that his hienes of new in this present parliament, with advise of the saidis estatis, wald revoik, cas, annull and discharge the said pretendit new infeftment gewin be dispositioun and claus (de novo damus) etc. to the said George Auchinlek and utheris thairin contenit, of quhatsumevir dait the samyn be, safar as the samyn extendis or may extend to the saidis fischeingis allanerlie as gewin to the said George and utheris thairin nominat in his hienes minoritie, not onlie to the skaith and detriment of the said burgh, commodeteis and privilegis thairof, bot als to the greit hurt of his majesteis yeirlie annuel rent; and to declare the samyn now as of before, with all that hes followit or may follow thairupoun tuiching the said fischeing, to have bene fra the begynning and to be in all tyme cumming null and of nane awaill, force, strenth nor effect in jugement, nor outwith quhairevir the samyn hes bene, or beis producit and schawin, as at mair lenth is contenit in the said supplicatioun. Quhilk being sene and considerit, first be the lordis of articles and thaireftir be the kingis grace and estatis, oure said soverane lord, with advise of the saidis thrie estatis of this present parliament, revoikis, cas, annullis and discharges the said pretendit new infeftment gewin be dispositioun and claus (de novo damus) etc. to the said George Auchinlek and utheris thairin contenit, of quhatsumevir dait the samyn be, safar as the samyn extendis or may extend to the saidis fischeingis allanerlie as gewin to the said George and utheris thairin nominat in oure said soverane lordis minoritie, not onlie to his hienes skaith and detrement of the said burgh, bot als to the greit hurt of his majesteis awin yeirlie rent; and thairfore decernis and declaris the samyn now as of before, with all that hes followit or may follow thairupoun tuiching the saidis fischingis, to have bene fra the begynning and to be in all tyme cumming, null and of nane availl, force, strenth nor effect, in jugement nor outwith, quhairevir the samyn hes bene or beis producit and schawin; and ordanes lettres of publicatioun to be directit heirupoun, gif neid beis, in forme as efferis.