[1641/8/426]¹

Procedure: commission

Commission to [Gilbert Hay], earl of Erroll regarding the justiciary of the fishings upon the water of Ythan

Our sovereign lord and estates of parliament, understanding that by an act made in the seventh parliament of his highness's late dearest father King James VI, of worthy memory, chapter 111, his majesty and estates of that parliament ratified and approved all acts made by his highness and his most noble progenitors regarding the destruction of [...]², yairs and slaughter of red fish, smolts and fry of all fishes, and ordained the same to have effect and to be put to execution in time coming; and because it was understood to his majesty and estates of that parliament that albeit much pain and travail was taken to have had the said acts kept and put to execution, yet in default of the execution of the pains contained in the said acts upon the contraveners thereof, through the default and negligence of the ordinary officers to whom the execution thereof was committed, nothing in effect appointed by the said acts to be done was put to execution, therefore, our said late sovereign lord and estates of that parliament made, constituted and ordained by that act the particular persons mentioned therein within the bounds and waters therein particularly specified his highness's justices in that part, in manner, form and to the effect mentioned therein, with ample power to them relating thereto in manner contained in the said act, as the same bears; in the which act the late Laird of Esslemont for the time was ordained justice in that part for the water of Ythan, as being the most considerable and fittest for that effect, and because the said Laird of Esslemont is deceased and that his majesty's right trusty cousin Gilbert, earl of Erroll, as son and heir to his predecessor earls of Erroll, has now right to the lands and barony of Esslemont and so is now succeeded in the place and right of the said late Laird of Esslemont, and whatever privilege, charge or prerogative did belong to the said Laird of Esslemont in his time should and ought now to be conferred upon the said Earl of Erroll and his tutors and curators in his name as baron of the said barony of Esslemont and as being the fittest and most considerable person of those bounds and upon that water of Ythan for repressing of the said disorders or for executing any other public charge in that part; therefore our said sovereign lord and estates of this present parliament make, constitute and ordain his said trusty cousin Gilbert, earl of Erroll, his heirs and assignees, and his tutors and curators during his minority for their interest, his majesty's justices in that part for the said water of Ythan in time coming, to the effect contained in the said former act of parliament, with power to the said earl and his said tutors and curators for their interest, by themselves, their deputes and substitutes for whom they shall be answerable, to use and exercise the said office of justiciary within the bounds foresaid, and with all liberties, privileges and commodities belonging thereto, and upon the provisions contained in the said act of parliament to be held, used and possessed by them in time coming, in the same way and as freely as any other of the justices or justice in that part mentioned and constituted in the said act possesses, uses and exercises or may possess, use and exercise the said office of justiciary in that part within the bounds whereof they are appointed justices by the said former act, according to the tenor and meaning thereof; concerning which, his majesty and estates of parliament hereby give and commit to them his highness's full power and commission, with all the liberties contained in the said act of parliament, which are held as herein expressed.