Andrewes and Glasgow had before they wer mad burghes Royall and q'in the bishopes were superiors and hade the nameing of the Magistrats and wch power the Protestant bishopes of this place when by law established have from tyme to tyme hitherto exercised and albeit by the toune bookes it is evident that when bishopes were laid aseyde the Magistrates and Council for the tyme did proceid to their yearly termes and accordingly have officiat yet the sds. petitioners humbly conceaved themselves not to be impowered and warranted so to doe at this tyme without the saids Lords' speciall warrand and order to them for that effect and without which they demurred to punish delinquents, take order with ryots, or to administrat justice in civill matters among their inhabitants, so that dayly disorders and confusiones encrease in the place, and no due obedience is given or expected, no not in matters binding to the comon securitie and peace and repressing of tumult, so long as the place was without Lawful magistrats, and which makes some turbulent persones presume to committ the more insolencies; and seeing the Petitioners had not been, and God willing should not be, wanting on all occassiones to testifie their loyaltie to their present Majesties, and their affectione to the Protestant interest, and for their partes given obedience to their Majesties' and the said Lords' Acts and proclamations, and have sworne alledgance to their Majesties which the Sheriff-clerk of Aberdein his records and extracts yrof returned to the said Lords would instruct, and therefore humbly craving the said Lords to grant, order, and warrand to the Petitioners and such othefs of the toune of Old Aberdein (and their successors in these offices) who had taken the oath of alledgeance to their Majesties K. William and Q. Mary, to proceid and elect their Magistrats and Toune Councill, and to the severall trades to elect and choise their Deacones, and to keep and hold their toune Courts and conveen meitings in maner used and wont, and that for this ensewing year and yearly thereafter, at the usuall tymes, requiring and commanding all the inhabitants to give due obedience to the said Magistrates and Councill so elected in all their lawfull administrationes and acts, and, if the saids Lords should be pleased to authorise the Petitioners to administer the oathe of allegdeance to all such as shall be elected Magistrates, Councellors, and Deacones of trade, the Petitioners Doe hereby obleidge themselves to see the same effectually done, and to keep ane parlar register in their D toune bookes for that Effect in tyme coming, which they remitted to the saids Lords consideratione as the said Petitione bears. Their Majesties High Commissioner and Lords of Privy Councill haveing considered the above Petitione with a charter granted be King James the fourth in anno 1498 in favours of the old toune of Aberdein whereby power is granted to the bishope of Aberdein to nominat and appoynt the Provest, Baillies, and others of the said burgh with the Ratificatione thereof in Parliament 1661 with the report of the Lord Advocat finding that by the abolishing of prelacie the power of the nomination belonged to his Majestie, but in respect of the present circumstances of that Burgh of Barronie and that they have little or no common good, and that its necessary ther be some fitt persones appoynted for securing the peace of that place. He give his oppinion to the Council that some fitt persones and weel afected to the present Government should be nominat and appoynted by them to officiat as Magistrats this year untill his Majestie signifie his pleasure y'anent, Togither with the other report of the Master of Forbes and the Laird of Brodie, giveing y' oppinion that Mr. George Fraser, Mr. James Keith, and Wm. Baxter be appoynted baillies of the said burgh of the old toune of Aberdein for this year to the effect mentioned in the above written petitione given in by the inhabitants of the said Burgh, and therefore the saids Lords doe approve of the saids reports, and doe hereby nominat and authorise the said Mr. George Fraser, Mr. James Keith, and Wm. Baxter, Baillies of the said Burgh for this year, to the effect that they may punish delinquents, take order with Ryots, and administer Justice in civell matters amongst the saids inhabitants, and for repressing of tumults, and doe all things belonging to the office of magistracie, and doe heirby appoint the said persones to take the oath of alledgeance in presence of the Shiref Depute of Aberdein, and to report the samen to the Clerks of Councill betwixt and the first day of May nixt. XII. 1 GEORGIUS DEI GRATIA Magnæ Britanniæ Franciæ et Hiberniæ Rex fideique defensor OMNIBUS probis hominibus ad quos presentes literæ nostræ pervenerint Salutem QUEMADMODUM vetus urbs Abredoniæ per nostros Regios prædecessores in Burgum Baroniæ erecta fuit cujusquidem Episcopus erat Baro, potestatem habens annuatim nominandi Præpositum Ballivos Serjandos aliosque Officiarios necessarios, Secundum quam Episcopi ante abolitionem hujus ordinis in Scotia in usu fuerunt indulgere Magistratus et Concilium in eligendo suos Successores annuatim Semper per Episcopum approbandis, et ad suum beneplacitum alterandis. Er ULTERIUS per leges et acta parliamenti in Scotia nos jure coronæ in locum Archiepiscoporum, Episcoporum, Decanorum, et Capitulorum in Omnibus juribus Superioritatis, hæreditariis officiis. aliisque devenien ET QUEMADMODUM NOS ulterius certiores facti, Quod a tempore nuperæ inhumanæ Rebellionis exortæ in Boreali parte Scotia in anno Millesimo Septingentesimo et decimo quinto, incolæ dict. nostri Burgi Baroniæ veteris Abredoniæ Magistratibus caruerunt, in XII. Act of Commission by King George I. in favour of the Magistrates of George by the grace of God King of Great Britain France and Ireland, Defender of the Faith, To all goodmen to whom these present letters may come Greeting Forasmuch as the Old Town of Aberdeen was by our royal predecessors erected a burgh of barony, whereof the Bishop was Baron, having power yearly of naming a Provost, Baillies, Sergeants and other officers needful, conform whereunto the Bishops, before the abolition of that order in Scotland, were in use to allow the Magistrates and Council to elect their own successors yearly, always to be approven or altered at the Bishop's pleasure. And further by the laws and acts of parliament in Scotland We by right of the Crown coming in place of archbishops, bishops, deans and chapters in all right of superiority and other hereditary offices, and forasmuch as We are certainly informed that in the time of the late unnatural rebellion which broke out in the north part of Scotland in the year One thousand seven hundred and fifteen, the inhabitants of our said burgh of barony of Old Aber 1 From the original among the records of Old Aberdeen, eximium detrimentum dictis nostris Subditis: Nunc ad intentum ut ordo utilis infra hunc locum restituatur IGITUR Nominavimus et Constituimus Sicuti per præsentes nominamus et constituimus personas sequentes esse Ballivos, Conciliarios, decanorum conventorem, et artificum decanos viz: Davidem Forbes de Leslie Magistrum Joannem Ker linguæ græcæ in Accademia Regia professorem, Alexandrum Mollyson, et Joannem Robertson, mercatores, Ballivos esse; Joannem Greg, Alexandrum Taylor, Georgium Gordon, Gulielmum Hat, Alexandrum Joyner, Jacobum Clerk, Joannem Knight, Jacobum Hay, et Andream Dyce, mercatores, esse Conciliarios; Georgium Mackie decanorum conventorem; Et Jacobum Duthie vestiarium, Georgium Dollas calcearium, Gulielmum Smith seniorem fabrum ferrarium, et Joannem Ross Textorem esse artificum decanos. DANDO concedendo, et committendo illis potestates usuales et necessarias infra dictum burgi sicuti per priores Magistratus et Concilium dicti burgi gavisæ erant junctim vel separatim secundum eorum respectivis officiis, et fidei iis commiss. pro meliori Regimine dict. burgi; cum potestate illis, per Suffragiorum pluralitatem annuatim eligendi suos successores conss., et donec Nos hæredes et Successores nostri, dictam potestatem revocare, vel aliquam aliam directionem in hac re dare aptum videbimus. deen wanted magistrates to the great hurt of our said subjects, and to the intent that good order may be re-established within this place Therefore We have nominate and constitute, as by these presents We nominate and constitute the following persons to be baillies, councillors, deacon, conveneer and deacons of trade, to wit, David Forbes of Leslie; Master John Ker, Professor of Greek in the King's College; Alexander Molysone and John. Robertson, merchants to be baillies; John Greig, Alexander Taylor, George Gordon, William Hatt, Alexander Joyner, James Clerk, John Knight, James Hay and Andrew Dyce, merchants to be councillors; George Mackie, deaconconveneer; James Dickie, tailor; George Dollas, shoemaker; William Smith, elder, smith, and John Ross, weaver to be deacons of trades Giving, granting and committing to them the usual and necessary powers within the said burgh as were enjoyed by the former magistrates and council of the said burgh, conjunctly and severally conform to their respective offices and trust committed to them for the better government of the said burgh, With power to them by majority of voices yearly to elect their own successors, aye and while We our heirs and successors see fit to revoke the forsaid power or give Ac Etiam Reservan. Nobis nostrisq. prædict. potestatem alterandi et deponendi aliquem ex dict. Magistratibus vel concilio qui eligi poterint, Et vel alium in suo loco constituere, vel alium in ejus vicem eligi ordinare, ut nobis visum fuerit. IN CUJUS REI TESTIMONIUM præsentibus sigillum nostrum per Unionis Tractatum custodiend. Et in Scotia. vice et loco Magni sigilli ejusdem intend. ordinatum appendi mandavimus. APUD Aulam nostram de St. James's decimo nono die mensis Februarii Anno domini Millesimo Septingentesimo decimo nono Regniq. nostri quinto. Per Signaturam Manu S. D. N. Regis suprascript. XIII. 1 GEORGIUS Dei gratia Magnæ Britanniæ Franciæ et Hiberniæ Rex fideique defensor. OMNIBUS probis hominibus ad quos præsentes Literæ nostræ pervenerint Salutem. QUANDOQUIDEM Civitas Veteris Abredoniæ in Burgum Baroniæ, per Regios nostros prædecessores Erecta fuit cujusquidem Episcopus erat Baro, potestatem habens Præpositum Balivos Serjandos aliosque Officiarios necessarios annuatim any other direction in the said matter. As also reserving power to Us and our forsaids of altering or deposing any of the forsaid magistrates or Council who may be elected, and either to place another in his room, or to order another to be elected for him as We shall see fit. In witness whereof We have ordered our seal, appointed by the Treaty of Union to be used and kept in Scotland in place of the Great Seal, to be appended to these presents, at our palace of St. James, the nineteenth day of February, one thousand seven hundred and nineteen years. XIII. Act of Commission by King George II. in favour of the Magistrates of Old Aberdeen, 13th December, 1729. George by the grace of God, King of Great Britain France and Ireland, Defender of the Faith, To all good men to whom these present letters may come Greeting Seeing that the city of Old Aberdeen was by our royal predecessors erected in a burgh of barony, whereof the Bishop was Baron having power of naming yearly a Provost, Baillies Sergeants and other officers need 1 From the original among the records of Old Aberdeen. |