| Description | "Factory and Commission by the Provost, Baillies, Council and Community, specially assembled for that effect, within the Court House of the Burgh, warned thereto by the Herald with the Handbell, appointing with unanimous consent, 9 persons only dissenting, Thomas Menzes [Menzies] of Pitfodels, Mr. Robert Lumsden, Thomas Chalmer, Alexander Rutherford, Alexander Knowis, David Mar, and Walter Cullane, Burgesses, their Commissioners, for setting in Feu, to the increase of the Town's Revenue, All and Whole the Town's Fishings upon Dee and Don, and the Towns and Lands belonging to the Burgh, and lying within its liberty and then occupied on Lease by certain fellow Burgesses - which Factory proceeds upon the Royal Licence obtained from Queen Mary and the Regent Arran, Duke of Chattelerault, which, dated at Edinburgh 8th February 1551, is in these terms;
That the Fishings and Lands had been granted to the Citizens by Robert Bruce for an Annual Feuduty of £213.6.8, that these lands had been divided beyond memory of man, into divisions, to the inconceivable advantage of the Burgh: that the neighbouring Nobles perceiving these benefits, had intruded themselves into the said Burgh in the hope of acquiring them; that to avoid these crowds and dissensions, the Queen and Regent Grant, with advice of the Secreet Council, full power to the saids Provost, Baillies, Council, and Community to feu the saids lands and Fishings to their fellow Citizens and free Burgesses specially to those presently in possession, and to their heirs male, and burgesses and actual inhabitants, of the said Burgh, and enjoying the liberty of its privileges, and frequenting the exchange of Merchandise therein;
These feuars, however, being by no means, exempt from the Courts and Decreets of the saidBurgh, nor from the payment of taxes and stents, nor from all due obedience to the Magistrates thereof; it being specially provided, also, that no woman shall be able to enjoy the said Feus or any part thereof, in any manner whatever - Providing farther, by said Factory and Commission, that no Feuar shall have liberty of cultivating any land not then cultivated, except David Mar, who shall have power to cultivate his Feu of Kingshill (now in the possession of the Minister of Newhills): and that the rights of the Community to pasturage, Feal and Divot etc are expressly reserved intact.
Said Commission is dated 4th March 1551-2."
(Text from Shaw's Inventory of the Charters and Papers relating to the City of Aberdeen, of 1851)
Engrossed.
(Spalding Club's "Charters Relating to the Burgh of Aberdeen", page 48, number XXX.) |