And be it further Ordained by the Authority aforesaid that the Superiorities of the Lands belonging to the late Bishoprick of Aberdeen, that is to say, The Superiorities of the Lands of Aberdeen, formerly called the Barony of Aberdeen, of the Lands of Murthil, Fetterner, Clet, Tallienessel, Daviot, Reine, and Birse, all lying within the Sheriffedome of Aberdeen; As also the Lands of Fordice and Murtlawh, lying within the Sheriffedome of Banff, together with the Superiority of the Acres of Old-Aberdeen, and all other Lands, Tenements, Houses, with the Appurtenances formerly belonging to the said late Bishoprick of Aberdeen, the Few-Farms, Few-Duties, Kains, Customs, Casualties, Teinds, Parsonage and Vicarage, Teind-Duties, and all other Duties of the Lands, Churches and Parishes aforesaid; together with other Duties of the Church of Maucher and Nicholas, and of all other Kirks and Parishes which formerly belonged to the said Bishoprick; together with the Tenths of the Salmon-Fishing, and other Fishings upon the Waters of Dee and Don, or on the Sea, or any other places formerly belonging to the said Bishoprick, together with the whole Fruits, Teinds, Church-Rents, and other Duties any way belonging to the Temporality or Spirituality of the said Bishoprick be given, granted, doted and mortified to the said University of Aberdeen, the Principals, Professors, Regents and remanent members thereof, and their Successors for ever, in manner following, that is to say, To the College of Old Aberdeen Two parts in Three to be divided, And to the College of New-Aberdeen One Third part in Three to be divided, with power to the Principals, Professors, Regents, and Remanent Members of the said University according to their Proportion and Division, aforesaid, present and to come, and to their Successoris for ever, to receive Resignations, enter the Few-holders, Tenants, and all others formerly called Vassals, of the said Bishoprick Lands, and other the premises, by Charters of Resignation, Confirmation or otherwise to compound, transact and agree about the Fines and Compositions due for the same, and to receive and take up the same, And to do all and every other act and thing therein that any Superior or Over-Lord in Scotland may do to their Few-holders, Tenants, and all others commonly called Vassals, according to Law in such Cases.

VII.

Ratification in favour's of the City and Vniversity of old Aberdein

of their rights and priviledges, 20 May 1661.1

Our Soverane Lord with advice and consent of his Estates of Parliament Ratifies and approves the Charter made and granted be his Māties wmwhile dearest foirgrands' King James the fourt of worthy memorie of the date the tuentie one day of August 1498 Makand mention that the said wmwhile King James the fourt haveing come to his rype and perfyte age of tuentie fyve yeers, did reduce to his memorie after his generall revocation of all donations given and granted be him in his tender age And that he fund evidently both himselff and his Councill by his antient registers and records That his most Royall predicessor David King of Scots, fewed and erected the toun of Aberdein with bounds and pertinents comonlie called old Aberdein in ane Episcopall Seat and Citie for ever with all rights liberties and priveledges belonging to a City, and declared the said toun to have been and to be so fewed and erected And his Mãties said wmqtt dearest forgrands' haveing come to his perfyte age as said is, of new agane fewed and erected the same in ane City and Vniversity with all the rights priveledges and pertinents belonging vnto a City and Vniversity With als great freedome and libertie as any City or Vniversity within this Kingdome is infeft or possest And for the more sure and cleir libertie of the forsaid City and University and other causes exprest in the said Charter His Māties said wmqtt dearest foregrands' Creat made and fewed the forsaid toun of old Aberdein with the bounds and pertinents in a City and Vniversity, and in a meir and free burgh of Barronie for ever And lykewise granted to these who did inhabite or therafter should inhabite the same full power and libertie of buying and selling within the said burgh of wyne wax cloath woollen and lining broad and narrow and other merchandice And of haveing and keeping baikers brewers fleshers and boutchers alswell of fleshes as fishes and other craftsmen of trades whatsumever maner of way belonging to the libertie of ane burgh of barronie And als granted that in the said City vniversity and burgh ther may be Provest Baillies Seriands and other officers necesser for the Government of the same And granted to the Bishop of Aberdein for the tyme and his succes

1 Acts of Scots Parliament, vii., 214.

sors Bishops thairof full power and libertie of choiseing appointing and ordaineing yeerly the said Provest Baillies Seriands and other necessar officers, and of inputing and removeing the saids persons how oft so ever they should find expedient And that they should have ane Croce and mercat place in the same and a mercat day everie week on munday and publict fairs everie yeer for ever To wit one vpon the supper of the lord befor Pash commonly called skyrthursdayes fair Another vpon the day of St Luke the evangelist through ther whole eight dayes with all the emoluments liberties and priveledges belonging or which iustly doe belong to such fairs and to a frie burgh of barronie and to a City and vniversity all maner of way As also granted to the said Bishop of Aberdein and his successors and others mentioned in the said Charter full priveledge libertie and power of buying all sorts of victuall wynes or other merchandice brought within the Port of Aberdein or without the same be any of his Mãties leidges whatsomever, or strangers of other kingdomes resorteing thither for their oune comodious vtilitie both for the honest sustentations of themselffs and families and for selling agane the saidis victualls wynes or merchandice or by and attour of traffecting and ploying the merchant any maner of way as it hes been in tymes bygone inviolably observed of holding and possessing the forsaid toun of old Aberdein with the bounds and pertinents in a City and vniversity and in a meir and frie burgh of Barronie to the said Bischop of Aberdein and his successors and substituts and to such as inhabite or shall inhabite in tyme comeing for ever With the forsaids priveledges liberties and gifts and all other liberties proffeits Comodities and easments whatsomever iustly belonging thereto, alswell nominat as not nominat apperteaning or that iustly apperteane any manner of way in tyme comeing To be a City vniversity and frie burgh of barronie als freely quyetlie fullie honourablie well and in peace in all and through all As any City vniversitie or burgh of Barronie within this Kingdome in any tyme bygone hes been fewed and possest As in the said Charter at mair lenth is contained In all and sindrie heids articles clauses conditions and circumstances contained in the Same And declares this pñt Ratification to be of als great availl force strenth and effect as if the said Charter wer at lenth word by word insert and ingrost heirintill Whairwith and with all other obiections defects and imperfections that may be proponed or alledged against the same Our said Soverane Lord with advice forsaid hes dispensed and be thir presents dispenses for ever.

VIII.

Act changing the mercat day in the old toun of Aberdein. 17th
July 1662.1

The Kings Maiestie with advice and consent of his Estates of Parliament Have thoght fit vpon the desire of the Magistrats and others of the old toun of Aberdein, to change the mercat day of that toun from monday to thursday, And accordingly Appoints that in all time comeing, the weekly mercat of that toun Shall be keept on Thursday And Discharges the former mercat on the monday weekly.

IX.

Act appointing the Commissar Courts to be keept in the oldtoun of Aberdein. 17th July 1662.2

Forasmuch as the Seat of the Comissariot of Aberdein wes formerlie in the oldtoun of Aberdein,3 Wher wes also the Seat of the Bishop of the diocie And that vpon the desire of the Magiatrats of the New toun of Aberdein before the late restitution of Bishops the Comissary Court wes removed and appointed to sit in the Newtoun; And it being most iust that the Seat of the Comissariot be wher it wes in former tymes befor these late troubles, and wher the Seat of the Bishop is Thairfor the Kings Maiestie with advice and consent of his Estates of Parliament Ordaines and Appoints, That the Comissar Court of the diocie of Aberdein shall be in all tymecomeing keept at the oldtoun of Aberdein And therfor Rescinds and annulls all orders or acts made to the contrarie And declares the same voyd in all tymecomeing.

X.

Act for changeing the mercat day in the Old toun of Aberdein. 5th September, 1662.1

The Estates of Parliament haveing heard a supplication presented

1 Acts of Scots Parliament, vii., 385.

2 Acts of Scots Parliament, vii., 385.

3 The Burgh of Aberdeen obtained an Act on 16th March, 1649, transferring the Commissary to the burgh, and as they considered No. VII. (page 21) revoked this privilege they obtained on 12th July, 1661, a confirmatory act, which was in turn rescinded by the above act of 17th July, 1662. The Commissary Court was ultimately transferred to Aberdeen by Act of Parliament, 22nd July, 1690.

4 Acts of Scots Parliament, vii., 414.

vnto them in name of the Magistrats of Aberdein for themselffs and in behalff of the comunality of the said burgh Shewing that the burgh of Aberdein hes the priveledge of ane weekly mercat vpon frydday by diverse rights from his Maiesties royall predicessors ratified in Parliament Yet the old toun of Aberdein pretending the priveledge of ane weekly mercat to be holden vpon monday have of late changed the same to thursday Which is the day imediately preceiding the petitioners weekly mercat which is keept vpon frydday Wherby the petitioners and inhabitants of the burgh of Aberdeen are heavily preiudged, and all sorts of merchandice meall wheat oats and other grane comeing to their mercat are forstalled and regrated contrare to the lawes and acts of Parliament As also the old toun hes erected ane weigh house within. the same Which as it is destructive to the burgh of Aberdein being ane burgh Royall and the old toun at most bot ane burgh of Barronie so is contrarie to the lawes and acts made in favours of the Royall Burrowes And therfor desireing that the said weekly mercat may be altered in the old toun and their weigh house discharged As the supplication bears Which being taken into consideration, The Kings Maiestie with advice of his Estates of Parliament Doe Appoint and Ordaine the weekly mercat of the old toun of Aberdein to be changed from Thursday to Tuisday in all tymecoming And remits the tryell of what concernes the weighhouse and weights to the Lords of his Mãties Privy Councill.

XI.

Act of the Privy Council in favour of the Town of Old Aberdeen. 24th March 1690.1

Anent a Petitione given into their Majesties High Commissioner and Lords of Privy Councill, Be the Magistrats and toune Council of the old toune of Aberdeen, showing that ther said toune being ane ancient bishopps seatt and the seatt of ane University was by King David erected in ane burgh of Barronie and yr evidents being lost by the troubles of the tymes wer againe reneued by K. James the fourth with the same ample priviledges and freedomes as the burghes of St.

1 Council Register, iv., 247. A similar Act of the Privy Council was passed on 9th July, 1691. Council Register, iv., 256.