The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 8 October 2024
[1633/6/99]1
Act in favour of the burgh of Aberdeen
Our sovereign lord and estates of this present parliament ordain a ratification to be made therein in favour of his highness's beloved the provost, bailies, council and community of the burgh of Aberdeen and their successors, ratifying, approving and, for his highness and his successors, perpetually confirming the charters made and granted by his majesty's late dearest father James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith etc., of eternal memory, with advice and consent of his highness's principal treasurer, treasurer depute and other lords of his highness's secret council of Scotland, his highness's commissioners for the time, under the great seal, of the date at Falkland, 17 July 1617, whereby our said late deceased sovereign lord of worthy memory, with advice and consent foresaid, for the causes therein contained, not only ratified, approved and confirmed all and whatsoever charters, infeftments, precepts, instruments of sasine, confirmations, acts, sentences, decreets, donations, exemptions, rights, titles, securities, letters, writs and evidents special and general mentioned in the said charter, grants, liberties, commodities, immunities and privileges contained therein, made, granted or confirmed by his highness's said late dearest father of worthy memory and his majesty's predecessor kings and queens of Scotland or by their governors, regents or lords of session for the time, to the said burgh of Aberdeen, provost, aldermen, bailies, dean of guild, treasurers, council, burgesses and community thereof, and to the kirks, ministers and hospitals of the said burgh and their successors of whatsoever form or forms, content or contents, date or dates the same respectively be of, of and concerning the erection of the said burgh of Aberdeen in a free burgh royal with all rights, titles and privileges belonging thereto by the laws and customs of this realm, and of all lands, tenements, forests, woods, muirs, mosses, community waters, salmon fishings, mills, astricted multures, castles, meadows, lochs, hills, greens, blockhouses, anchorages, small customs, bell customs and tron weights, measures and other profits, casualties and duties whatsoever which of before belonged to the said burgh of Aberdeen and which they and their predecessors or authors possessed and used at any time of before, but also his majesty's late dearest father of worthy memory, with advice and consent foresaid, of new gave, granted, erected and conveyed to the said provost, bailies, council, burgesses and community of the said burgh of Aberdeen and their successors for ever; all and whole the said burgh of Aberdeen, with the precinct walls, ditches, ports, ways, streets, passages and all and sundry houses, buildings, yards, tenements, crofts, acres and roads within the territory and liberty of the said burgh; and also all and sundry common lands and other lands, waters, salmon fishings, specially and generally mentioned in the said contract, inches, shiels2 and other liberties thereof, ferry boats, fees, duties and commodities thereof, common mills of the said burgh, multures, sequels, castle hill, green meadow, suburb called Futtie, chapels thereof, boats and white fishings belonging thereto, bulwark, port and pier of Aberdeen, mill dams and passages thereof and liberties and privileges of the same and customs called bell customs, small customs and toll customs of the said burgh, tron weights of the said burgh, fees and duties belonging thereto, other weights, measures, liberties, privileges and immunities belonging to the said burgh in anyway specially and generally mentioned in the said charter; and of all and sundry annualrents, feu ferms, yearly duties, altarages, lands, fishings, teinds, houses, crofts and chaplainries which pertained of old to the chaplainries of St Nicholas, parish kirk of Aberdeen, with all tenements, crofts, mansions, dail-silver3 and anniversaries whatsoever, which pertained of before to whatsoever chaplainries and altarages founded in whatsoever kirk, chapel or college within the liberty of the said burgh of Aberdeen by whatsoever persons or patrons; all and whole the mansion place, houses, buildings, yards and kirk which pertained of before to the grey friars of the said burgh; common loch, hills, greens and fields called the links of the said burgh, tenants, tenancies, service of free tenants of all and sundry the said lands and fishings, parts, pendicles and pertinents thereof; and with all and sundry other liberties, immunities, rights and privileges whatsoever belonging to the said burgh and whereof the said provost, bailies, council and community of the said burgh and their predecessors have been in possession in any time bygone, together also with as ample and great privileges and immunities as has been given, granted and conveyed by our said sovereign lord of worthy memory, or any of his ancestors, to the burghs of Edinburgh, Perth, Dundee or any other burgh royal within this realm of Scotland at any time bygone preceding the date of the said charter, all united, annexed and incorporated to and with the said burgh of Aberdeen, liberties and privileges thereof; and to the lands, possessions, fishings and others belonging thereto, specially and generally mentioned in the said charter, to be held by the said provost, bailies, council and community of the said burgh of Aberdeen and their successors, of our sovereign lord and his highness's successors, in fee heritage and free burgage for ever, as the said charter of the date foresaid in itself at more length bears, with the precept of sasine following thereupon under the testimony of the great seal, of the same date, and instrument of sasine following thereupon, of the date the [...] day of [...] 16[...], as also the act of dissolution made in the parliament held at Edinburgh, 28 June 1617, whereto the said charter above-mentioned is relative and whereon the same proceeds and follows in manner therein contained; as also the charter made by the late King Robert I to the said burgesses and community of the said burgh of Aberdeen of all the liberties, customs and immunities, wherein they were infeft by his predecessors of before in time bygone and giving full power to the said burgesses and community of the said burgh to take ward and punish all these that should come in arms within the said burgh against the statutes of his majesty and burghs of this realm in time coming, under the great seal of the date at Girvan in Carrick, 6 February 1328, in all and sundry the heads, points, clauses, articles and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for them and their successors, decree and ordain that this present ratification of the said charter, precept and sasine following thereupon and of the act of dissolution above-written, whereupon the same proceeded, and the other charter above-mentioned made by the said late King Robert I is, and shall be, as valid and sufficient and of as great force, strength and effect to the said provost, bailies, council and community of the said burgh of Aberdeen and their successors for possessing and enjoying of the said burgh of Aberdeen and all and sundry lands, heritages, forests, mills, woods, salmon fishings, casualties, liberties, privileges, immunities and others whatsoever contained in the said charters and either of them and otherwise belonging thereto as if the said two charters, precept, sasine and act of dissolution above-written were all at length inserted, engrossed and contained in this present ratification, concerning which and with all other defects and imperfections which may be proposed or alleged against the said two charters, precept, sasine and act of dissolution, or any of them and this ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever; and that the said ratification be further extended in the best form with all clauses necessary.
- NAS, PA2/21, f.77v-78v.
- Defined in DSL as a 'temporary or roughly-made house or shed, a hut, bothy ... a shelter used by salmon-fishermen'.
- Defined in DSL as money given as a dole or alms.