[1641/8/376]¹

Ratificatione in favors of the burghe of Abirdene

Our soverane lord and estates of this present parliament ratifies and approves and, for his hienes and his successoures, perpetuallie confirmes the chartor mad and granted be his hienes, with advyse and consent of his majesties thesaures, principall and deputie, and remanent lordis of his hienes excheker of this realme for the tyme, wnder the great seale of the dait the nynt day of September, the yeer of God j^M vj^C therttie eight yeeres, quhairby our said soverane lord hes ratified and approvin and, for his hienes and his successoures, perpetuallie hes confirmed ane chartour made and granted be his hienes umquhile darrest father King² the Sext, king of Great Brittane, France and Ireland of eternall memorie, with consent of his majesties thesaureres, principall and deputie, and remanent lordis of his hienes secreet counsell, his hienes commissioners for the tyme, wnder the great seale of the dait at Falkirke, the sevinteine day of Julii j^M vj^C and sevinteene yeeres, wherby his hienes said umquhill darreste father, with consent foirsaid, not onlie ratified, confirmed and approved all and sindrie chartoures, infeftmentes, preceptes of seasing, instrumentes, confirmationes, actes, sentances, decreetes, donationes, exemptiones, rightes, tytles, securities, letters, writtes, evidentes, grantes, liberties, commodities, immunities and priviledgs therin mentionat made, granted and confirmed be his hienes said umquhill darrest father and his most noble predicessoures, kingis and quenes of Scotland, or be ther governoures, regentes or lordis of sessione for the tyme, to and in favoures of the burgh of Abirdene, proveist, baillies, eldermen, deane of gild, thesaureres, counselloures, burgess and commontie thairof, and to the kirkis, ministeres and hospitalles of the said burghe and ther successoures, off whatsowevir forme or formes, content or contentes, dait or daites the samene respective be of, and speciallie, but prejudice of the said generalitie, the particular chartores, infeftmentes, confirmationes, decreetes, donationes, exemptiones, actes, writtis, evidentes and otheres speciallie and particularlie mentionat in the said chartour, bot also of new gave, granted, erected and disponit to the saidis proveist, baillies, counsellores, burgess and commontie of the said burghe of Abirdene and to ther successoures for evir, all and haill the said burghe of Abirdene, with the presinct, walles, fuseas, portes and otheres priviledges at lenth mentionat in the said chartour, with the landis and otheres eftirmentionat therinconteined, with the precept of seasing, instrument of seasing, with the act of dissolutione thairinmentionat, wherwnto the said chartour hes relatione, with all and sindrie otheres chartoures, infeftmentes, preceptes of seasing, confirmationes, actes, sentances, decreetes, donationes, exemptiones, rightes, tytles, securities, letters, wrettis, evidentes, grantes, liberties, commodities, immunities and priviledges therinmentionate, mad, granted and confirmed be his majesties most noble predicessoures speciallie mentionat in the said chartour, or be any of them or any otheres, ther predicessoures kingis and quenes of Scotland, or be ther regentes, governoures or lordis of sessione for the tyme, to the said burghe of Abirdene, proveist, aldermen, baillies, deanes of gild, thesaureres, counselloures, burgess and inhabitantes of the said burgh, and to the kirkis, ministeres and hospitallis thairof and ther successoures quhatsomevir of whatsomevir forme or formes, content or contentes, dait or daites the samene be of, off and conserneing the erectione of the said burghe of Abirdene in ane free burghe royall with all the rightes, tytles and priviledges thairof, and hes ordeaned the said generall confirmatione and ratificatione of the premiss to be alse sufficient as if everie particulare wret thairinspecifiit ware at lenth thairin ingrost, and hes dispensit with the not ingrossing thairof. And sickelyke, our said soverane lord, with consent foirsaid, hes therby of new givine, granted, erected, disponed and confirmed to his majesties trustie and faithfull serveandis, the proveist, baillies, counselloures, burgess and commontie of the said burghe of Aberdene and ther successores, all and haill the said burghe of Abirdene, with the presinct, walles, foussies, portes, wayes, streetes, passages and all and sindrie houss, bigingis, yairdis, tenimentes, croftes, aikeres and landis within the territorie and libertie of the said burghe; and sicklyke all and sindrie the commoune landis and otheres landis, wateres, sallmond fishingis and otheres speciallie and generallie mentionat in the said chartour, with the inshes, sheelles, liberties, priviledges, draweing, spreading and drying of nettis one bothe the sydes of the wateres of Die and Done, alsweell wpoun his majesties hee wayes as wpoun any other maist commodious pairtes neer the saidis wateres, as the said burgh and ther predicessoures hes bene in use to doe of before, with the libertie and priviledge of ferrie boates, ane or mae, one the saidis wateres, with the fies, deuties and commodities thairof, commoun mylnes of the said burghe, viz: the tua mylnes within the said burgh callit the Over and Nether Mylnes, tua without the samene, callit the Justice Mylnes, and wther tua within the said burghes libertie, the ane thairof one Bukes Burne and the other one the Denburne, with the wind mylne at the Gallowgait heid and the tua sea mylnes laitlie biggit, with libertie and priviledge to them to bigg more mylnes at ther pleasour, with the multores and sequelles of the saidis mylnes, castlehill, greene suburbes, callit Fittie, with the chaipell thairof, boates and whyt fishingis belonging thairto, bullwarke, port and shore of Abirdeene, mylne dames and passages thairof, libertie and priviledge of the samene, wplifting and receiveing of the haill small customes, anchorages and shore silver and otheres dueties therof, alse freelie in all respectes as the burghe of Edinburgh and there collectoures receives at the shore of Leith or ony other free burghe at any other shore within this kingdome receaves the lyke, the bell customes, small customes, toll and otheres customes used and wont, tron weight of the said burgh, fies and dueties belonging therto, all otheres weightes and measoures, liberties, priviledges and immunities belonging to the said burghe in any sort, speciallie and generallie mentionat in the said chartour, deane of gild, courtes, counselloures and memberes thairof, free mercates and faires, with power to build ma mylnes, alsweell wind mylnes as cornemylnes and walkemylnes, within the said burgh, libertie and territorie thairof, and to set the samene in take or few, and to call, persue, arreist and incarserat persones, delinquentes and contraveeneres of the priviledges, actes, statutes, decreetes and sentances of the said burghe and to fyne them; and alse all and sindrie landis, houss, tenementes, yairdis, kirklandis, with all thair pertinentes, lyand within the presinct of the said burgh perteaneing of befor to whatsomevir abbacyes, pryories, preceptories, ministries, chaiplanries, prebendries, alterages and others benefices, with the haill few dueties and otheres dueties therof, in all tymecomeing, entress of heritable vasselles and tennentes to receive with all annuellrentes, few fermes and other yeerlie dueties of the saidis houss, yairdis, tenementes, kirkelandis and otheres tenementes foirsaidis usit and wont, all and sindrie chaiplanries, alterages and annuelrentes belonging of old to the chaiplanries of Saint Nicolas within the said burghe, daillsilver and annniversaries whatsomevir whilkis perteent of befor to whatsomever chaplanries, prebendaries or alterages foundit in whatsomer kirke, chappell or colledge within the libertie of the said burghe be whatsomevir persone or persones wherevir they ly within this kingdome; all and haill mansion houss, place, biggings, yairdis and³ perteaneing of befor to the gray freires of the said burghe, with the haill dueties and rentes thairof, commoun loche, hillis, greenes and feildis callit the linkes, tennentes, tennendries, service of free tennentes of the saidis landis and fishingis with the pairtes, pendicles and pertinentes therof, withall otheres liberties, immunitis, rightes and priviledges whatsomevir belonging to the said burghe, and wherof the saidis proveist, baillies, counsell and commontie thairof and ther predicessoures hes beene in possessione in any tyme bygone with alse ample and great priviledges and immunities as hes bene granted and disponed be our said soverane lord or his predicessours to the burrowes of Edinburghe, Pearth, Dundie and otheres burrowes royall within this kingdome at any tyme bygone, withall right and entress therof; and alse ratified, approved and confirmed the act and statute of the said burghe made be the saidis proveist, baillies, counsell and commontie of the said burgh, quhairby they statute and ordeaned that no ground malt shall be brought, presented nor sold within the mercate of the said burgh privatlie nor publictlie, quhilke act is of the dait the ellevint day of Januar, the yeere of God j^M vj^C tueentie eight yeeres, with ane ample additione thairto; and hes givine, granted and disponed to the saidis proveist, baillies, counsell and commontie of the said burgh and ther successoures for evir, the offices of shereffis, colonall⁴ and justice of peace within the said burgh and haill boundis of the landis, mylnes, wateres, fishingis and pertinentes thairof withall liberties, priviledges, fies, casualities, dueties, immunities and commodities thairof, and to visit, inquyre for, search and try all mettis, weights and measoures within the boundis of the said burgh and haill shereffdome of Abirdeene and within all commoun mercates and faires, alsweell to burghe as landes, within the boundis foirsaidis, and to marke all weshelles, measoures and weightes great and small and to exact the fies due thairfoir; and hes also ratified the act of secreet counsell made at Halyrudhouse, the fyfteene day of Julii the yeer of God j^M vj^C and nynteene yeeres anent the constant measour of salmond throw this haill kingdome, conforme to the old gadge and standard of Abirdene in the⁵ haill heedis thairof, and hes made theme and ther successoures keeperes thairof for evir withall fies, dueties and commodities thairof usit and wont, and to take, apprehend, incarcerat and punishe all persones weering and beering wnlaufall and forbiddine weapones, and with diverse others priviledges and liberties specified in the said chartour, wherby our said soverane, with consent foirsaid, hes unit, annexed and incorporat into with the said burghe of Abirdene, landis, mylnes, multores, fishingis, anchorage, port, herberie and otheres liberties and priviledges thairof foirsaidis granted to the said burghe, all and haill the saidis offices of sherreffe, corroner and justice of peace within the boundis foirsaidis and liberties thairof foirsaidis, escheates, amerciamentes, liberties, priviledges of the samene, visiting, inquyreing for, searching and trying the saidis measures and weightes within the boundis foirsaidis, keeping of the said gadge and standarde, with the priviledge of electing, nominating, presenting and provyding ministeres to the kirkis and chaplanries foirsaidis, or any of them alse ofte as they shall vaike, in ane frie burghe royall to be callit now and in all tyme comeing the burghe of Abirdene, with ample power and priviledge in maner at lenth specified in the said chartour to be haldine be the saidis proveist, baillies, deane of gild, thesaurers, counselleres, burgess and commontie of the said burghe and ther successoures off our said soverane lord and his hienes successoures, in free burghe royall, free heritadge, free burgadge, free offices of shereffiship, corroner and justice of peace and within the boundis foirsaidis for evir, as the said chartour of the dait foirsaid at mair lenth beeres, with the precept of seasing fallowing therwpon under the testimony of the great seale of the samene dait, and instrument of seasing falloweing thairupon off the dait the last day of October, the said yeer of God j^M vj^C therttie eight yeeres, in all and sindrie the heedis, poyntes, clauss, articles and conditiones therinconteined, and eftir the formes and tennours thairof in all poyntes. And our said soverane lord and the estates of parliament willis and grantes and, for them and ther successoures, decernes and ordeanes that this present ratificatione of the said chartour, precept and seasing falloweing thairwpoun and others actes and chartours thairinmentionat is and shall be alse valied and sufficient, and of alse great strenth, force and effect to the saidis proveist, baillies, counsell and commontie of the said burghe of Abirdene and ther successoures for bruiking and joysing of the said burgh of Abirdeine and all and sindrie landis, heritadges, forrestes, mylnes, wodis, fishinges, offices, casualities, liberties, priviledges, immunities and others whatsomevir conteaned in the said chartour and otherwayes belonging therto, as if the samene chartour, precept, seasing, actes and otheres abovespecifeid therinmentionat ware all at lenth word be word insert, ingrost and conteaned in the said ratificatione therof, notwithstanding that the samene be not sua done; quhairanent, and withall other defectes and imperfectiones whatsomevir whilkis may be proponit or alledged aganes the samene chartour, precept and seasing, actes, chartours and otheres writtes foirsaidis thairinmentionat or any of them, and the said ratificatione thairof, our said soverane lord and estates of this present parliament hes dispensit and be thir presentes dispenses for evir.