Procedure: commission
Commissioune to the Erle of Erroll anente the justiciarie of the fisheingis wpon the water of Ythane

Our soverane lord and estates of parliament, wnderstanding that be ane act made in the sevinth parliament of his hienes umquhile darrest father King James the Sext, of worthie memorie, cap. 111, his majestie and estates of that parliament ratified and approved all actes made be his hienes and his most noble progenitoures anent the destructione of [...]2, yaires and slaughter of ridfishe, smoltes and fray of all fishes, and ordeaned the samene to have effect and to be put to executione in tymecomeing; and becaus it wes wnderstood to his majestie and estates of that parliament that albeit much paines and travell was takine to have hade the saidis actes keeped and put to executione, yit in defaulte of the executione of the paines conteened in the saidis actes wpoun the contraveeneres therof, throw the default and negligence of the ordinarie officeres to whom the executione therof was committed, nothing in effect appoynted be the saidis actes to be done wes put to executione, therefore, our said umquhile soverane lord and estates of that parliament made, constitute and ordeanit be that act the particular persones thairinmentionat within the boundis and wateres therine particularlie specified his hienes justices in that pairt, in maner, forme and to the effect thairinmentionat, with ample power to them theranent in maner conteyned in the said act, as the same beeres; in the quhilke act the umquhile Laird of Erslmont for the tyme wes ordeanit justice in that pairt for the water of Ithain, as being the most considerable and meitest for that effect, and becaus the said Laird of Erslemont is deceist and that his majesties right trust cusigne Gilbert, erle of Erroll, as sone and aire to his predicessoures erles of Erroll, hes now right to the landis and barrony of Erslmont and sua is now succeedit in the place and right of the said umquhile Laird of Erslmont, and whatever priviledge, charge or prerogative did belong to the said Laird of Erslmonth in his tyme should and aught now to be conferrit wpoun the said Erle of Erroll and his tutoures and curatoures in his name as barroun of the said barrony of Erslmonth and as being the meitest and most considerable persone of that boundis and wpoun that water of Ithane for repressing of the saidis dissorderes or for executing any other publict chairge in that pairt; therfore our said soverane lord and estates of this present parliament makes, constitutes and ordeanes his said trustie cusigne Gilbert, erle of Erroll, his aires and assignayes, and his tutoures and curatores dureing his minoritie for ther entress, his majesties justices in that pairt for the said water of Ithane in tymecomeing, to the effect conteenit in the said former act of parliament, with pouer to the said erle and his saidis tutoures and curatoures for ther entress, be themselves, ther deputes and substitutes for whom they shall be ansuerable, to use and exerce the said office of justiciarie within the boundis foirsaidis, and with all liberties, priviledges and commodities belonging therto, and upoun the provisiones conteyned in the said act of parliament to be bruiked, wsit and possest be them in tymecomeing, sicklyke and alse freelie as any other of the justices or justice in that pairt mentionat and constitute in the said act bruikes, uses and exerces or may bruike, use and exerce the said office of justiciarie in that pairt within the boundis quhairof they are appoynted justices be the said former acte, conforme to the tennour and meaneing therof; quhairanent, his majestie and estates of parliament heerby gives and committes to them his hienes full power and commissione, with all the liberties conteaned in the said act of parliament, quhilke are haldine as heerin exprest.

  1. NAS, PA2/22, f.334v-335r.
  2. APS suggests 'crues' in square brackets.