21 OCTOBER 1654. The said day the baillies and remanent of the said counsell hes statut and ordainit and be thir pnts. statutis and ordaines in all tyme cuming That everie mane and womane servant within ther jurisdictione sall six weikes befoir everie feist and terme of Witsonday and Martimes give lawful and tymous advertisment to ther maisters or maistresses quhither they intend to remaine with ther saids maisters or maistresses quhairby they and ilk ane of them may hawe tymous advertisment for provoyding for ilk ane of them Otherwayes the servant quhither he be man or wyff that makis not advertisment in maner abowe writtine It is heirby declairit that they sall be haldine as ane conducit servant for the terme to cum alwayes in the optione of ther saids maisteres or maistresses and that under the paine of ten pundis money or alse great ane soume as they meight hawe had the forsaid terme to be upliftit vnforgivin. The said day the baillies and counsell forsaid hes statut and ordainit That if ever Johne Poak be fund in tyme cuming to curse sueire or any maner of way to perturb or molest maister Williame Douglas professor in Auld Abd. or any within the toune then and in that cais imediatlie therefter it is and sall be leasome for them as magestratis of the said burgh with consent of Johne Muttray in Auld Abd to caus the said Johne Poak to remove therfra at any tyme and in lyk maner Compeirit the said Johne Poak and consentit and declaires that it sall be leisome for them as said is to eject him his wyf and famelie without any other formallatie of Law or justice quhatsomewer and oblissis him newer to opung in the contrar. III 157. 6 JANUARY 1655. The said day it is statut and ordainet be the saids baillies and counsell that evrie mane quha hes payit his entrie for libertie of the said burgh and hes not gottine the act of fridom sal goe to Alexander Murray our court clerk and extract samen for ther awine vse And these quha wes maid friemane befor in the tyme of Alexander Sandisone and is not buikit as yet It is heirby statut and ordainit comanding the said Alexander Murray to extend the saids persones ther actis the day and dait of thir pntis. provyding they and ilk ane of them approw they hawe payit ther entrie money or give the said clerk ane lyne vnder the hand of the thesaurer or some of the counsell and no otherwayes and ordaines them to pay the said Alex' for his paines. The said day the heretable dispositone made and grantit be Alexander Gordone of Birsmor Thomas Merser baillie Johne Forbes of Suailend and vthers (quha had the reight flowing from vmquhill James Cruickshank therin ther persones and in name and behalff of the haill inhabitantis maid vpon the customes and meassors of the said burgh wes presentit be Thomas Orame dicone conveinor of the said burgh for himselff and in name and behalf of the haill inhabitantis in presence of the saids baillies and counsell and therefter publictlie red in presence of them all for giveing the inhabitantis contentment for the tyme and therefter desyrit be the said Thomas Orram that the samen sould be put within the Tounes commone box and keipit ther in all tyme cuming for the vse and weill of the said burgh and thervpon and vpon productione of the samen tuik act and instrument in the handis of me notar publict under subscryuand. III 165. 6 JANUARY 1655. At Auld Aberdein the sixt day of January Jm vic fyftie fywe yeares Compeirit Thomas Orame cordoner dicon coneveiner of Auld Aberdeine for himself and in name and behalff of the rest of the haill Inhabitants and gawe in the dispositioune wnderwrittine (In presence of Johne Forbes Allexander and Williame Gordounes baillies and reminent of the counsell of the said burgh frequentlie conveinit in ther ordinar place of meitting and desyrit the said dispositione to be insert and registrat in ther Court buik therin to remaine perpetuallie in all tyme cuming in maner therin contenit Quhilk desyre the saids baillies and counsell thought reasonable and therfor hes ordainit and ordaines the said dispositione to be insert and registrat in the saidis buikis in maner wnder speit. quhairof the tenor followes att Auld Aberdeine the tuentie day of Apryll Jaj vic and fyftie thrie yeares The quhilk day Alexander Gordone of Birsmor then provost of the cittie of Auld Aberdein Thomas Merser and Williame Gordone present baillies Johne Forbes laitt baillie and the remnent counsell of the said citie being conveined all in counsell exponit and declarit that wmq" James Cruikschank burges of Aberdein be his letters of dispositione of the dait at Old Aberdein the fourteine day of December Jaj vic fourtie sevine yeares Mackand mentione that quhair the said Alexander Gordone of Birsmor and present provost the said Johne Forbes then of Sualend wmq" maister Johne Lundie humanest and the said Thomas Merser then baillies therof hawe payit and delyuerit to the said vmq" James Cruikschank the soum of thrie hundreth and fyftie merks scotis money for themselffis and in name and behalff of the citiners of the said citie and therfor disponit to and in favors of the said provost baillies counsell and communatie of the said citie of Auld Aberdein and ther successores then and in all tymes cuming heretablie and irredimablie without any reversione redemptione or regrase all and haill the customes of the said citie of Auld Aberdein sick as firlotis peckes and all other meassors quhatsomever with all and sundrie the proffits deuties and commodities of the samen then heretablie pertaining to the said James Cruikschank and assignet them to his haill reightis of the samen and becaus the said Alexander Gordon then provost Johne Forbes vmq" maister Johne Lundie and the said Thomas Merser present baillies for the weill helping and supleing of the common good of the said toun hef of ther awine moneys payit to the said vmq" James Cruikschank the soume of thrie hundreth and fyftie merks money for the heritabl reight of the saids customes the vpleifting quhairof thair entrie wes at Meichalmes preceiding and therfor the said vmq" James Cruikschank assignit them to the haill brewe customes preceiding of the brewers and sellers of malt and drink restand to him be the Inhabitants excepting as is therein exceptit, and gawe them powr to mell therwith yearlie and quhill they were satisfiet of the said soume and therefter the reight of the saids customes to remaine heretablie for ewer with the said toune of Old Aberdein and the said provost and baillies being payit to renunce and discharge all reight they could pretend therto in all tyme therefter as the saids Lres. of dispositione of the dait forsaid containing ane precept of seasing be wertew quhairof they ar infeft and seasit in the saids customes in itselff at lenth proportis And seing with the said brew customes and vther customes payit be the said citicenes of the forsaid citie the soume of thrie hundrethe and fyftie merks is compleitlie payit to the saids persones advancers therof, quhairof they grant them satisfiet and for them ther exors. and assigneyes Renunces and discharges all titell and reight they haw or may pretend to the said customes be wertew of the said assignatione maid be the said James Cruikschank to them for ther securitie of the said soume in maner forsaid in all tyme cuming And now seing the said Alexander Gordon Johne Forbes and Thomas Merser is releivit of the forsaid soume of thrie hundreth and fyftie merks for the saids customes and vther soumes quhairin they stood ingadgit for the said toune and for the weill therof Thairfor the said Alex Gordone of Birsmore Johne Forbes and Thomas Merser be thir presentis Dispones fra them ther aires exors. and assigneyes to and in favore of the said toune of Old Aberdein counsell and communitie therof (themselffes no wayes being excludit) all and haill the customes firlot peck and vther meassors haill proffits and commodities of the custome of Old Aberdein and brew custome therof to remaine heretable and for ever with the said toune of Old Aberdein as ane pairt of ther commone good, to be imployit vpon necessar common warks and the saids customes and casuallities onlawes or vthers quhatsomever pertaining to the said toune to be put in ane box haveing tua keyes delyuerit in custodie to tua heritors of the said citie to be chosine be commone consent of the said counsell of the said citie and communatie the on being ane traidsman and the other ane loborer or husbandmane And that the securities of the saids customes and all other priviledges belanging to the said citie be puttine in within the said box and the said box to be keipit be ane responsabl heritore of the said toune be haweing not ane key therof and the said common good being puttine in the said box the samen to be imployit for the weill of the said toune commone wark and suppleing of the po[or] of the said citie and that be advyce of the counsell and cumunitie of the said citie And oblisses ws undersubscryueing to warrand this our dispositione guid valed and sufficient from our awine proper fact and deid allenerlie and that we hawe not done nor sall not doe any fact or deid hurtfull or prejudicall heirto And ordaines thir presentis to be keipit within the said box and the samen to be insertit in the court buiks of Old Aberdein ther to remaine perpetuallie in all tyme cuming In witness quhairof the said Alexander Gordon Johne Forbes and Thomas Merser hes subscryuit thir pnts. with ther handis (writtine be Thomas Angus vyver in Old Aberdein day and yeare and plaice forIsaid befor thir witnesses Patrick Gordone of Gordones Milne Alexander Leslie in Old Aberdein the said Thomas Angus wryter heirof subscryuit thus A Gordone T Merser Jhone Forbes Wm Gordone baillie George Cuming Witnes Wm Johnstone Witnes J Gordone witnes A Leslie witnes Thomas Angus wryter and witnes Jo: Moutray witnes Alexander Sandisōne witnes. And I Alexander Murray notar publict testifies that the dispositioune aboue writtine with my awin hand is the just doubell of the principall dispositioune and colationed be me and Thomas Angus above designit in presence of the baillies and counsell of the said burgh word be word upon the forsaid sixt day of Januar Jm vi fyftie fywe yeares be this my subscriptioune manuall. A Murray N.P. clk. III 172. 23 JULY 1655. The said day anent the charge givine be Frances Irving of Hiltoune to the persones efter mentionet for finding of sufficient cautione that the moss or marish of Pervinnies or at leist sua much therof as properlie belonges to the said Frances sall not be trublit nor molestit in tyme cuming no utherwayes nor as accordis of the law They ar to say Dauid Jonstone Johne Lyell Alex' Fyff Johne and Andro Nicoelles Robert Andersone James Andersone Williame Andersone and Patrick Stewine Gilbert Beawerlay Jon Beaverlay yo' Johne Smyth and . . . relict of the deceist Collonell George Forbes That they and ilk ane of them sall be bund and obleist and be thir pnts. bindis and obleisses them and ilk ane of them conjunctlie and severalie to bind and inact them selffes and ilk ane of them to be bund for vthers and inactit in the Shereff buiks of Aberdein for setting of the forsd. cautione therein to ansuer the said Frances Irving as accordes of the lawe in all tyme cuming concerning the priviledg and libertie of the moss or marish sua far as concernes our libertie. The said day the forsaids baillies and counsell of the said burgh in name and behalff of the said burgh and cummunitie of the samen with consent and assent of the haill Inhabitantis and cummunitie abowe writtine hes statut and ordainit and be thir pnts. statuts and ordaines to scott and loat with the forsaids persones in defence of the abowe writtine priviledges against the sd. Frances Irving and his successores anent the mantining of the samen sua far as law will. III 175. M |