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 7

Bu9861.16 Bound

OCT 19 1900

AR
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Harvard College Library

BOUGHT WITH INCOME

FROM THE BEQUEST OF

HENRY LILLIE PIERCE ,

OF BOSTON.

Under a vote of the President and Fellows ,

October 24, 1898.

21 Feb. 1900.
"
 HARVARD

d
UNIVERSIT

n
i
B

AN

INQUIRY

INTO THE

Rights of the Guildry

OF ABERDEEN.

BY

MR. THOMAS BANNERMAN,

THE DEAN OF GUILD.

MARCH, 1834.

ABERDEEN :

PRINTED BY JOHN DAVIDSON & CO.

MDCCCXXXIV .
 HA
RV
AE

AR
MI

DI
AN
DE

A
CA
O ST
HRI

VERI
C
M
V
L
L

TS
NO
I
G
I

Harvard College Library

BOUGHT WITH INCOME

FROM THE BEQUEST OF

HENRY LILLIE PIERCE ,

OF BOSTON.

Under a vote of the President and Fellows ,

October 24, 1898.

21 Feb. , 1900 .
 INQUIRY

INTO THE

RIGHTS OF THE GUILDRY .

 AN

INQUIRY

INTO THE

RIGHTS OF THE GUILDRY

OF ABERDEEN.

BY

MR. THOMAS BANNERMAN,

THE DEAN OF GUILD.

MARCH, 1834.

ABERDEEN :

PRINTED BY JOHN DAVIDSON AND CO.

MDCCCXXXIV.
 24680/2
0
9466.2.1
2
2

Br 9861,16
6
9

FEB 21 isc

IBRARY.

Pier
ce fund
 PRINCIPAL CONTENTS.

Page.
REPORT of a Committee of the Town Council upon the Guildry
Accounts, Intro. X
Table of the proportional value of Scots Money of different periods, do. xvi
Preliminary Remarks on Guildries, &c. &c. 1
Guild Court, 1609, • 30
Guild Box, 1600, 34

*****
Additional Fund to Guild Box, 1737, 38
Arms-Money, 1676, 4.2
Commissioners of Infeftments' Fund , 1671 , 43
Cochrane's Mortification, 44
Cruickshank's Do.
Dean of Guild's Casualties,
Guild Brethren's Hospital, 1459, 48
Guild Wine, 1583, 52
Lands of Skene, 61
Appendix, No. I.
ww No. II. Extract, " Guildry" and " Hospital Charge,"
from the Abstract Statement of the Town's Accounts,
722

Published 15th Oct. 1833, ·

283

www. No. III. Particulars of the Dean of Guild's account

for the year 1453, 78
www
. No. IV. Charter to Aberdeen, by Charles I. 1638, 80
man No. V. Guildry of Dundee, · 105
www No. VI. Do. of Arbroath and Brechin, 112
www No. VII. Do. of Montrose, 121
ww No. VIII. 126
 INTRODUCTION.

IMMEDIATELY after entering upon the office of Dean

of Guild, I began to examine into Guildry matters ;
they had never undergone a searching inquiry, and
a considerable time was required to bring to light in a
satisfactory manner, the true bearings of several points
upon which a difference of opinion prevailed.

When the Assessors were elected, they also under-

took an investigation ; and a small Committee appointed
on the 27th November, laid a report upon the table on
the 7th December : but it was remitted back to them,
with an addition to their number, for reconsideration.

Repudiating the doctrine, which I have heard main-

tained, that it is my duty to act, in this affair, as a
lawyer would for his client, I have endeavoured to trace
the rights of the Guildry fairly and impartially, and to
lay before the public all the information which I have
met with, essential to the understanding of the subject.

The following extracts from the Town Council Re-

cords, contain a detail of the proceedings touching
Guildry affairs, since the election of Magistrates under
the Burgh Reform Act, -by which Act the Guildry of
Aberdeen were empowered to choose a Representative
for themselves.
 viii

" AT Aberdeen, and within the Town Hall thereof, the

Eighth day of November, Eighteen hundred and

thirty-three years, in presence of the whole Mem-
bers of Council :

" BEFORE proceeding to the Election of Magistrates and Office-

bearers, the Dean of Guild, upon the part of the Burgesses
of Guild, claimed, in virtue of the Act of Parliament under
which he has been elected, possession and administration of all
Funds, Mortifications, and other property and affairs belonging
to the Burgesses of Guild, which may have heretofore been

possessed and administered by the Magistrates and Council,

by the Dean of Guild, or by any other Office-bearer ; and
said that, with the reservation of the rights of the Burgesses,
and of his own, as Dean of Guild , he was ready to concur in
the Election of the Provost, Baillies, and other usual Office-
bearers, in terms of the Act."

" 18th November, 1833.-The Dean of Guild stated , that at a

Meeting with his Assessors, held on Saturday last, the 16th inst
they had requested him to intimate to the Council, that it was
their wish that a separation should take place , as soon as pos-
sible, of the Guildry Funds from the other Funds belonging
to the Corporation : That he was therefore of opinion , it would
be highly proper to appoint a Committee of Accounts to make
this arrangement :Which being considered by the Council,
and before coming to any final determination on this subject,
they agreed to proceed with the reading over of the Accounts
for the bye-past year, so that the members may inform them-
selves of the nature of the different charges."

" 2d December, 1833. -The Dean of Guild stated that his

Assessors had appointed a Committee to investigate the origin
 ix

and progress of some of the Guildry Accounts, and would

be able soon to report, when he should have the honour
to bring forward their claims in full . That, in the meantime,
without coming to any definite arrangement, they were anxious
to have placed under their administration the Charitable Funds
titled Guild Box' and Additional Fund,' being the only

two Funds which had as yet been examined and gone over by
the Council, of which he had informed the Guild Court. That
this arrangement was now necessary, as the time for the half-
yearly distribution of the funds was fast approaching. Which
being considered by the Council, they resolved not to come to
any sudden determination upon a subject of so much impor-
tance, and agreed to defer the farther consideration thereof
until Monday, the 9th of December current."

" 9th December, 1833.-The Dean of Guild stated that

another Meeting of his Assessors had been held, but as

yet they had not come to any final agreement on the subject
of the Guildry Funds. That it was his own opinion , that the
Council should give the distribution from the Funds of the
Guild Box, the Additional Fund, and the Hospital Charge,
to the Assessors at the ensuing term , (leaving open the rights of
the Council and the Guildry,) as the Assessors had now before
them, and were examining, the list of persons settled on these
Funds. Which being considered by the Council, and after
some discussion, they named a Committee, consisting of the
Provost, the Dean of Guild, the Treasurer, the Master of
Mortifications, and the Master of Guild Brethren's Hospital, to
consider this subject, and to report thereon to next Meeting."

" 16th December, 1833.- The Provost, from the Committee

to whom it was remitted, at last Meeting, to take under their
consideration what was then stated by the Dean of Guild re-
b
 X

specting the Guildry Funds, Reported, That after a good

deal of consideration the Committee had agreed upon a Re-

port, with a view of conciliating all parties, and of enabling

the Town Council and the Guildry to act to the satisfaction
and for the advantage of the community ; and he now begged
leave to lay the same before the Council for their consideration.

" REPORT .

" The Committee of Council appointed to consider the Dean

of Guild's application relative to the Funds which are stated in
the Town's Accounts to be under the charge of the Dean of
Guild, have to report : —
" That the Guildry here being placed, by the operation of
the Burgh Reform Act, in a new position, as regards the
Magistrates and Town Council, it is to be expected that certain
powers will be conferred upon the Guildry, as a body, simi-
lar to those exercised by such bodies in general.
" That the Burgh Commissioners having, without doubt,
under their consideration what rights and privileges Guildries
ought henceforth to possess, any definitive arrangement cannot
well be attempted here, until those Commissioners shall have
made their Report .
" That the various Accounts stated in the Town's Books to

be under the charge of the Dean of Guild, appear to have been

from the earliest period administered by the Council, or that
the Dean of Guild was held amenable to the Council for the
management of them.
"That, keeping in view the nature of the Guildry affairs of
other towns, the Committee are of opinion that the revenue
arising from two of these accounts, viz . Guild Box,' and
• Additional Fund,' (which have been formed partly by dona-
tions of individuals, and partly by entry-monies of Burgesses,
and the revenues of which have always been applied to the re-
 xi

lief of decayed Burgesses, and their relations, ) may now, with

propriety, be placed at the disposal of the Dean of Guild and
his Assessors, for the like purposes, -excepting certain mortifica-
tions, for special purposes, which have to be taken out of these
accounts.
6 Hospital Charge,' which has
" That another Fund, called
hitherto been stated to be under the Master of Guild Brethren's

Hospital, and not the Dean of Guild, having also been applied
for a long period in the same way, the Committee are of opi-
nion that the income from that fund may also be applied to the
like charitable purposes by the Dean of Guild and Assessors,
although the Burgesses have never been called on to contribute
to its formation or support ; leaving the other funds under the
management of the Master of Guild Brethren's Hospital at the
disposal of the Council , as formerly.
" That, as to the sums appearing stocked at other accounts
under the charge of the Dean of Guild, the Committee (keep-
ing out of view, in this instance, all question of right, as they
have also done in the previous part of this Report, ) do not look
upon them, or the revenue arising from them, as fitting sub-
jects for the cognizance of the Assessors ; these funds having
evidently been accumulated for public purposes ; and they may
certainly be considered in good and proper hands under a po-
pularly-elected Magistracy, of which the Dean of Guild is by
right a member, elected by the Guildry.
" The Committee do not propose that those steps recom-
mended be taken in a final and conclusive way ; but they
think that such an arrangement being gone into as a temporary
measure, Burgesses may be admitted , and their entry-money
apportioned as hitherto, and that the Guildry and Magistracy
may thus act with cordiality together, until their respective
rights, privileges, and duties, be otherwise settled.
 xii

" The Committee annex a Statement of the present Rates of

Burgess Entry-Monies , distinguishing the proportions appro-
priated to the different Accounts.

(Signed) “ JA. BLAIKIE, P.

" WM. ALLARDYCE .
" WM. ELMSLIE .
" JAMES WILLIAMSON."

[ The Entry-Monies are detailed in the Table, page 20. ]

" Which Report, having been read over to, and deliberately
considered by the Council, the tenor thereof appeared to the
majority very satisfactory ; and after some conversation as to
the division and distribution of the different funds, during
which the Provost explained that the plan proposed was only
intended as a temporary measure ; and it being understood
that nothing more was to be given over, in the meantime, than
half-a-year's revenue, for distribution among the claimants on
the Guildry Funds, and that the rights of both parties were to
be left untouched, the Report was, on the motion of Bailie
Milne, approved of by the Council, —with the exception of Mr
John Duffus, who dissented from that part of it which relates
to the Hospital Charge, on the ground that it was delegating a
power to the Guildry which was not recognised in the Deeds of
Mortification, and which the Council, therefore, had no power
to bestow."

" 30th December, 1833.—The Dean of Guild stated, that at

a meeting of the Assessors on the day subsequent to the
sederunt of last Council, he communicated to them the re-
solution relative to the Guildry Funds, and that they were
unanimously of opinion that the arrangement, as temporary,
was highly satisfactory, and accepted the same.”
 xiii

" 13th January, 1834.-The Dean of Guild stated that

he had been instructed by the Assessors to apply to the Coun-
cil for leave for a Committee of their number to inspect the
Council Register, and any other documents which could
throw light on the accounts stated in the Town's Books to
be under the charge of the Dean of Guild ; on which the
Provost stated that there could be but one wish in the Council

-to afford the Guildry every facility to procure any informa-

tion they might wish ; and for that purpose he was satisfied the
Council would make the Committee of Assessors most welcome

to inspect the Town's Books and documents at such times as

would not be inconvenient to those in charge of them ; and the
Council resolved accordingly,-holding the Dean of Guild res-
ponsible that no unnecessary publicity should be given to their
contents, while the examination was going on ; as statements
were sometimes made, before parties were fully acquainted
with the subject, which were afterwards found to be erroneous ;
and many who observed the mis-statement might not see the
correction ; in which the Dean of Guild acquiesced ."

The Committee of the Assessors held several com-

munings, and a new Report was produced ; but after
some discussion upon it, at a Meeting of the Committee
on the 29th January, I was requested to prepare a Me-
morial upon the subject, and this was intimated and
approved at a General Meeting of the Assessors, on the
1st February.

" 10th March, 1834.- The Dean of Guild stated to the

Council that, on Saturday last, he had laid before the Guildry

Assessors, a Report of the investigation he had made into
the Guildry matters, and that they had unanimously expres-
sed a wish that the same might be published . The Dean
 xiv

of Guild thought himself bound to ask permission of the

Council for that purpose, in consequence of the conditions up-
on which the Council had allowed him, and the Assessors , ac-
cess to the Council Records and Accounts . The Provost ob-

served that a Report of this important kind would perhaps be

interesting, not only to the inhabitants of this city, but to other
Guildries in Scotland. After some discussion on the nature of

the Report, the Dean of Guild explained, that it was not a

Report of the Guildry or of the Assessors, nor did he mean it
to appear as a Report from the Council ; it was simply a Re-
port relative to Guildry matters, containing information ex-
tracted from the Records and other public documents of the
city, prepared by him, in accordance with the promise he had
made to the Burgesses, on entering into office, and all that he
wished was, that, without committing the Council, Guildry, or
Assessors, to any of the views contained in it, he might receive
the permission of the Council to publish it , for the informa-
tion of the different bodies interested . Which was agreed to

by the Council, and the Dean of Guild authorized to publish

his Report accordingly."

It will be observed by the preceeding Extract, that

the Report prepared by me was laid before the Assessors
on the 8th March ; it was put to press a few days after.
On the 22d March, however, at a Meeting called for
some other business, the Assessors, by a majority, deter-
mined to adopt, as expressing their sentiments, the Re-
port which their Committee had previously drawn up,-
a Report, in my opinion, rather meagre and inconclusive.

" 24th March, 1834.- The Dean of Guild laid before the
Council a Report of the Committee of the Guildry Assessors,
appointed to inquire into the state of the Guildry Funds,
 XV

which had been approved of by a majority of the Assessors,

on Saturday last. The Dean stated that he dissented from the
Report, now on the table, both on account of matters of fact,
and of opinion ; and had desired his dissent to be entered in
the minutes of the meeting of the Assessors, which was done
accordingly. He now, as requested by the Assessors, begged
to submit the Report to the Council, for their consideration
and determination on the subject matter thereof. The Provost
stated that he was disappointed that the Report of the Guildry
Assessors should come before the Council with the dissent of

the Dean, on whose knowledge of their affairs he placed great

reliance, because he knew the very great trouble he had taken
in making himself acquainted with their history from as early
a period as their records reach. The object of the Council,
however, was to procure and to communicate to the public, all
the information that they could get on the subject,—and he
would therefore suggest the propriety of the Assessors' Report
being printed and circulated ; and the Report having been
read by the Dean of Guild to the Council, they unanimously
approved of the suggestion of the Provost, and directed that
the Report be printed and circulated, for the information of
the Council, Guildry, and community, and the consideration of
it resumed at a future meeting of the Council."

All these circumstances may appear of little or no

importance, but they could not with propriety be passed
over. I have embodied in this publication, for the sake
of easy reference, every material document connected
with the subject, and likewise some important informa-
tion, which I have been able to procure only lately,
from other places.

T. B.
1st MAY, 1834.
 xvi

TABLE

OF THE

PROPORTIONAL VALUE OF SCOTS MONEY AT DIFFERENT PERIODS.

WHEREVER, in the following pages, Scots money has been con-

verted into Sterling, the conversion has been made according to the relative
value as usually calculated ; that is to say, the Scots money has been esti-
mated at one-twelfth of Sterling money of the same denomination- the
pound Scots, 20d. Sterling ; the schilling Scots, = 1d. Sterling ; the penny
Scots, - d. Sterling ; the merk was 133d. Sterling.
This was the relative value in 1601 , and subsequently. But there must be
a correction applied in every case prior to that time, in proportion to the
greater value which the ancient Scots money of different periods bore to the
modern. According to RUDDIMAN, that was, in
1601 , 1597, 1581, 1579, 1576, 1571 , 1567, 1565, 1556 ,
1 1.2 1.5 1.64 2.16 2 2.77
1544, 1529, 1489, 1484, 1475, 1456, 1451 , 1424,
3.75 5.143 5 7.5 11.25 19.21

1393, 1390, 1367, 1366 , 1329, 1306 , 1296, 1107

22.5 24.59 28.8 34.286 36

EXAMPLES.
cr Entry-money of a Guild Brother in 1399, 40/ Scots, 40d. Sterling," which
multiplied, as per Table above, by 221 = £3 15s . Sterling.

" To the Alderman, for his fee and potations in 1453, L. 8 6s. 8d. Scots,
13/10 Sterling," which multiplied, as per Table, by 11 £7 16s. 3d.
Sterling.
 REPORT ,

&c.

IN fulfilment of my declared intention, and in com-

pliance with the desire which the Assessors have been pleased to
express, I now proceed to give some account of the examination
which I have made into the Funds, stated in the books of the
Town's Accounts to be under the charge of the Dean of Guild.
To render the statement sufficiently plain, I shall make use of
Extracts, at some length, from the Town Council Records,
From these extracts, and other documents to which I shall
have occasion to refer, it will appear what have been the rights
and privileges of the Guildry of Aberdeen, in relation both to
the Magistracy of the Burgh, and to the rest of the commu-
nity. In consulting the records of an early date, I should have
been quite at a stand but for Mr. Hardie's assistance, who,
indeed, has been anxious to afford every information, and has
aided me materially throughout the investigation.
The rights of Guildries have been different in different
places, either by express charter to certain Guildries, by the
original Constitution of the Burghs, or through mutual agree-
ment at an after time between the Authorities and their fel-
low-citizens. The present is an occasion demanding a change
in Aberdeen ; and I venture to hope that this Report will
somewhat elucidate the subject, and prove of use in deter-
mining the nature of the arrangement which ought to be
entered into between the Brethren of Guild, on the one part,
and the new Magistracy, as representing the whole commu-
nity, on the other.
Before being placed in the office of Dean, I was not
prepared for this investigation, by previous reading or in-
A2
formation, and was almost entirely ignorant of the matters
regarding which I am at present called upon to report. I
had , indeed , imbibed the impression which was very generally
prevalent, viz . that the Funds of the Brethren of Guild and
of the Town had no natural connection , and that they had
been embodied through some usurpation on the part of the
Magistracy ; and I believed that such would turn out to be
plainly the case. This I find, after some considerable pains
and trouble, is not by any means a clear point. That we may
have a right conception of the matter, it behoves us to mark
well the distinction between the engrossing the offices of the
Magistracy, and the continuing to apply to public purposes,
in virtue of office, certain funds, in use to be called Guildry
Funds. Much of the impression to which I have alluded,
arose, without doubt, from these two things being impro-
perly confounded . The funds have never been at the dis-
posal of the body of Guild Brethren, except, perhaps, the
casual payments on the Guild Box, in a way that will be
afterwards explained . The administration of them by the
Magistrates was an arrangement, as will appear in the course
of the narrative, originally established with the consent and
to the satisfaction of the parties interested, and, it may
be, (as I would be disposed to think from some parts
of the records, ) that the office of Magistrate was not at all
times thought desirable, nor were the duties very readily un-
dertaken. Most people will be surprised to learn, that all the
Guildry Accounts originated long after the law of self-
election was passed, and have been continued under their
present titles from their commencement . As far as I have
seen, the propriety of the uses to which the money arising
upon them was applied, and the right of the administration
of them by the Magistrates and Town Council, remained
unquestioned until a recent date.
Fifty years ago ( 1784) the question of Burgh Reform was
discussed in the most full and ample manner ; the point main-
tained was the right of the community, (Burgesses and Heri-
tors of certain descriptions and qualifications, ) to elect the
Magistrates ; and there seems to have been no thought of with-
 5

drawing any of the Guildry payments from under the controul

of the Magistrates. It was also well known to what accounts
the Composition or Entry-Money of the Burgesses was ap-
propriated, for the Burgess Tickets then bore a receipt, speci-
fying the sum to be, so much to the Additional Fund, so much
to Arms Money, so much to Guild Wine, and the balance
to Casualties ; and at that time there was an action depend-
ing, which had been raised by Duncan and others against the
Magistrates, on account of the advance of the Admission Dues
in 1779, which action must have directed public attention to
the matter. There is every disposition now to recognize the
independence of the Guild Court, for, as the Burgesses are
aware, the present Magistrates, as an interim arrangement,
placed at once the revenue arising from the charitable funds at
the command of the Dean of Guild and Assessors.
It is of importance to a right understanding of the case,
to keep in view, that the Dean of Guild has been a consti-
tuent Member of the Town Council from an early period ,
and that to him various public matters have been entrust-
ed by successive Magistrates and Councils. The origin ,
the extent, and the progress of his power and authority are
somewhat misunderstood. Certain charitable funds were, at
no distant date indeed, accumulated under the direction of
the Magistrates, by the wish of the Brethren of Guild. These
funds were destined for decayed Brethren, their Widows, and
Families, and were placed under his charge ; he had the
charge of other funds for the common purposes of the Burgh
-for the benefit of the community at large. *

* The Dean of Guild is called " Farthingman or Dene" in Stat. Gildæ, c. 15.
I have not seen how he came afterwards to be called " My Lord." Probably
he has been at first so addressed upon the Bench only. Petitions and Memo-
rials are addressed about 1530 to 1550 to " My Lord Provost," and even to
" My Lords Baillies ;" but the most remarkable use of the title of " My Lord
Provost," which has come before me, is in the Act of Admission as Gild Bro-
ther of Ludovick, Duke of Lennox, Erle Darnley, in 1594, as follows :-
“ 10th February, 1594.— Curéa Ballivorum Burgi de Aberdene, &c.
" The said day, Ludovick Duke of Lennox, Erle Darnley, Lord Torbolton,
Abuigny, and Methven, &c. Lieutenant and Justice to His Majestie ower the
 6

It will throw some light upon the subject to mention the

66 Burgess" and
original meaning of the words " " Guild. " The
*
term Burgess comes from Burg,-a castle, or strong place.
By the first erection of Royal Burghs, the power to choose
Provost, Baillies, and Council has, in those of them established
of a late date, been expressly conferred upon their inhabitants.
Such is the case in most of them erected since 1469. In the
Charters of Aberdeen no mention is made of election of Ma-
gistrates. That this Burgh, however, possessed the power
from the first, is not the less clear. The Royal Burghs were
all gifted, in the spirit of the feudal times, with exclusive
rights of trade and merchandize, and specially of foreign trade.
By degrees certain rules would be established, and compliance
with them be enforced to entitle the inhabitants to claim
their privileges, and Burgesses were enrolled upon a pay-
ment for the common good. That great value was put on
those rights, we have evidence in our own case. As one in-
stance - In 1573 the trading community of Aberdeen com-
plained to the highest authorities of the kingdom, of the in-
fringement of their privileges, by the loading of a ship for a
foreign voyage at Fraserburgh, and the whole community of

North pairts of this Realm, was creat and maid Burgess of this Burghe, and
was sworn, and gave his Aith solemnlie, in manner following :-In the first,
protestit before God, and before My Lord Provost and Baillies, that he profes-
sis and avowis in his Heart the trew Religion quhilk at this present is publiclie
preachit within this Realm, and authorisit within the same be the Laws and
Acts of Parliament, and suld abyd thereat, and defend the same to his Lyvis
End, forsaking the Roman Religion, callet Papistrie,―That he suld be leill and
trew to our Soverane Lord the Kingis Majestie, and his Successoris, to the
Burghe of Aberdene, Provost, Baillies, and Inhabitants thereof,-That he suld
manteane and fortifie the Liberties and Privileges of this Burghe, and suld be a
Friend thereto in all their Actions and Causes honest and lawful, suld usurp
nor purches na Lordship contrar the Freedom of the samen, and, finallie, suld
do nor attempt nathing hurtfull to the Liberties and Common Weill of this
Burghe. So help him God, and be God himself.”
[NOTE.- In Scotland the year commenced on the 25th of March until
1600, when it was appointed to begin on the first of January, by
an Order of the King in Council, dated 17th December, 1599. ]
* Bon-Accord, the Town's Motto, was the Watchword of the Citizens
when they stormed the fortress on the Castle-hill for Bruce.
 7

the Burgh consented to be taxed for the expense of upholding

this long-armed monopoly .
The original signification of Gilde is Fraternity or Com-
pany. The term " The Gild," applied in early times, to a
Fraternity in towns composed of the community in general. In
the Statutes of the Gild, 1283, c. 32, " It is statute, that the
Communitie of the Gild be reulit and governit be twenty-four
honest men, of the best and worthiest of the Burgh, chosin to
that effect, togidder with the Provost and four Baillies ; ” and
c. 33, " It is statute and ordaint, that the Provost and Baillies
sall be chosin be the haill communitie, and gif ony controver-
sie happins to be in the election of thame, thay sall be chosin
be twentie-four men of the Burgh, electit be the communitie,
and sworn to cheis sic personis as are worthie to govern and
reull the communitie."*
In Aberdeen, the term Brethren of Guild has been re-
stricted, for some centuries past, to the body of Merchants,
but it does not appear that at first, there was the distinction
of rank (certainly not of political rank) between Merchants
and Craftsmen which we might suppose. It is more than pro-
bable, as will by-and- bye appear, that the latter used to be
readily admitted Brethren of Guild upon making the required
payment, and only in the 16th century were they strictly ex-
cluded. The early records mark the two classes of Freemen
by the terms Burgess, (which was a term for every Freeman,)
and Gild Brother, whose entry-money was more than the
others, for the peculiar rights which he secured to himself. †
There are lists given in the Records of Aberdeen of each of the
denominations admitted, without any designation of Merchant,
Craftsman, or calling of any kind being appended to the names.
The Crafts must always have been an important class of the
community of Burghs. They had the privilege of choosing

From these expressions, and the mode followed in the early elections in
Aberdeen, I think it is not unlikely that the Provost and Bailies were then
chosen by the whole community, and the Town Council by and from the
Guildry only.
A Burgess entry-money in 1399 is specified, 13/4 ( 134d. sterling), the
Gild Brother paid 40/ (3/4 sterling.)
 8

Deacons, or Deans,-that is, heads of their fraternities, " in

ilk town of the realme," from a very remote period, and in
1426, before there is any mention of a Dean of Guild in the
Records of Aberdeen, the Act James I., c. 86, regarding
these officers of the Trades, is thus expressed :-" Forbiddand
that in na tyme heireafter ony sic Dekinnis be chosin within
ony burgh of this realme, and that they quha are already cho-
sin sall not use or exerce hiereafter the Office of Dekinnis, na-
ther sall mak thair wonted assemblies, the quhilk is rather pre-
sumit to be Consperacies nor lauchful Conventionis." Wardens,
with certain duties, were then introduced . In place of these,
there were next substituted Visitors ; and Queen Mary restor-
ed the Deacons by special gift. Craftsmen must have had
much to say in Burgh matters in Aberdeen ; in 1529 the
Auditors of Accounts appointed by the Head Court were eight
Merchants and nine Craftsmen- so are they specified in the
record ; in 1527 , it is settled that the principal Deacon of the
Crafts should keep one of the three keys to the Money-Box of
the Bridge of Dee Lands, the Provost and Good Town another,
and the Chapter of the Church the third . In 1539, the Litsters
[ Dyers ] of Aberdeen were jealous of the precedence assumed
by the Brethren of Guild, in some public exhibitions of the
time, and persisted in asserting their claims to equality of rank
with them ; and disputes regarding rank and privileges had
then become general in all the Burghs.
In confirmation of the important character of Craftsmen in
Burghs, I shall quote from the Letter of Guildry of Glasgow,
of date 1605 ; a document proceeding from similar causes as
our own " Common Indenture." Even till that time there
was no Dean of Guild nor Deacon Convener in the City of
Glasgow, but only Deacons of Crafts and the Magistrates ; and
disputes had arisen there on account of the Merchants having
engrossed the Magistracy.
" ART. 1. —The Dean of Gild shall be always a Merchant,
and there shall be of Merchants and Craftsmen an equal
number at his election ."
" ART. 3.- The Dean of Gild's Council shall be composed
yearly of eight persons, viz .-four Merchants, whereof the
 9

Dean of Gild bearing office the year preceding shall be one,

and four Craftsmen , all Gild Brether ; who shall be men of
good fame, knowledge, experience, care, and zeal to the com-
mon weal , the most worthy men of both ranks, &c." * This
liberal arrangement was sanctioned and confirmed by the Ma-
gistrates and Town Council of Glasgow. But the Guild Court
of Aberdeen , (viz . the judicial Guild Court, established 1609 ,
which shall be particularly described , and which is totally different
from the Curia Gildæ, or general meetings of Burgesses, in the
early times of the Burgh, ) was more in accordance with the Act
James VI. , 1593, c. 184, which proceeds on the narrative-
" how necessarie and expedient it is that the powere and juris-
diction of the Deane of Gild and his counselle within Burgh be
approved and allowed as it is now used in the town of Edin-
burgh, quhilk is to the great furtherance of justice to our
Soveraine Lordis leiges, in all actions and matters concerning
merchandis, betwixt merchand and merchand, and merchand
and mariner, quhilk actions ought not nor suld not byde delay,
but be expede and decerned be the Deane of Gild and his
Counselle summarlie, as men chosen and appointed yeirly by
the Counselle of the Burgh maist apt to judge and decerne in
all actions concerning merchandis. "
That, in ancient times in all the Burghs, Craftsmen may
have formed part of the body of Guild Brethren cannot, I think,
be doubted. In the Leges Burgorum, enacted about 1140 ,
it is said, " Na sutar, litster, nor fischar may be ane Gild
Brother, except they refuse to use and exerce their office with
their hands, albeit they may do the same by servandis under
them." This is a view of the matter which we have not been
accustomed to entertain.
Anderson says, " That Merchant Gilds or Fraternities,
which were afterwards styled Corporations, came first into ge-
neral use in many parts of Europe about the close of the

* The election of the Dean, however, was by the Magistrates and Council,
and others called to take part in it, there being, in all, an equal number of
Merchants and of Craftsmen.
+ Hist. of Com., vol. I. p. 70.
B
 10

11th century. They took their rise in the free cities of Italy,
where trade and manufactures were early propagated. The
head officer was called the Alderman, which is nearly the
same with the officer whom they at present style Dean of
Guild in the Royal Burghs of Scotland." This is an explan-
ation somewhat indefinite ; but the fact that the Chief Magis-
trate of Aberdeen was styled Alderman till about 1435, - (he is
then called Præpositus or Provost, ) —may have some bearing on
the point and it would again lead to the conclusion, that the
Merchant Gild meant originally all those members of the com-
munity, without distinction, who joined the buying and selling
fraternity of the town.
The earliest Scottish statute on the subject (except the Le-
ges Burgorum) is that of William I. , 1165, c. 35, entitled
" The liberties of the Merchant Gilde ; " by which it is ordain-
ed , " That the Merchants of this realme sall have their Mer-
chante Gilde, and sall possess and enjoy the samine, with li-
berty to buy and sell in all places within the liberties of Burghs,
swa that ilk ane be contente with his awin libertie, and that
nane occupie or usurpe the liberty of ane ither." These, I pre-
sume, were what were called King's Burgesses, " having libertie
throughout the haill realme, als weil be water as be land, to
sell and buy, &c.; " but their privileges were curtailed in 1550 .
From the following clauses we are entitled to suppose that
the fair sex in those days gave attendance in the shop, and had
all the privileges of the Guild. " Na woman havand ane hus-
band may by woll in the street," * and again, " It is statute
that nane be ressavit to be Brether of Gild for less than the
sume of fourtie schillingis, except they be sones or dochteris
of ane gild brother." + It was on this account, perhaps, there
was no choice left in the following little matter, but at the
making of a burgess-" after he hes maid his aith, to be obe-
dient in all leasum things to the Provost and Baillies, he sall
kisse the Provost and the nichtbouris." +
The peculiar privilege of a Burgess, was that of buying and
selling. " Ane burgess' sone, als long as he is at his father's

* Leges Burg., c. 19. + Stat. Gild., c. 9. Leges Burg., c. 2.

 11

buird, sall have the lyke freedom to buy and sell as his father
hes ; but quhen he is past fra his father till his awin fending,
he sall not have the samine libertie, except he be burgess." *
In feudal times townsmen were of little account, and were
despised by the country gentry ; a burgess' son was reputed of
age when he could distinctly count money, measure cloth, &c. †
Now-a-days, if such a proof of attaining majority should be
received, young Gentlemen would soon escape the tutelage of
their guardians.
Brady, in his Treatise on Burghs, says that the ordinary
Tradesmen of Oxford were styled Gilda Mercatoria, and that
the same term occurs frequently in the charters of other
Burghs, without meaning to make the distinction which we now
understand it to express between Guild and Trades Burgesses.
That the Gilda Mercatoria, if taken to mean the Merchants
in distinction from the trading community in general, was not
the only part of the fraternity in towns, appears also from the
preamble to the Statutes of the Gild, which deserves to be
quoted for the good intention therein expressed ; being " maid
and constitute to the effect and end that mony personis and
bodyis, convenand and remanand in ane place, may be conjoinit
togidder in ane unitie of mind and will, and in ane trew and
constant love and brotherhoode the ane to the other.”
The customary penalty for transgressions against the Gild
was " ane punscheone of wine." Hence, perhaps, " Guild
Wine" readily presented itself, as the title of an account,
to our forefathers, calling to mind their own jovialities, and
the traditionary stories of the brethren who had lived before
them . There was one transgression for which they were to be
mulcted, which we may fain hope would prove little produc-
tive in our time, viz . :-" Na man mak ony compearance
against the Gild, to separat or divide it, or he sall pay ane
unlawe of ane punscheone of wine. " ‡

* Leges Burg. c. 16. † Spelm. Gloss. lib. vii.

66
This was in 1280. Four hundred years thereafter a punscheone of
Claret" was only worth £5 sterling. In 1468 the Magistrates fixed the tavern
price of red Gascony at 6d. per pint,-stark wines, in 1545, 1s. 4d.
B 2
 12

One of the objects of Guilds was to relieve decayed Brethren ;

nor were the Dochteris forgotten* : and the rich of the Bro-
therhood were reminded that " all Gild Brether aucht and
sould in their latter will and testament in ony part thairof' as
they please [ ! ] leave in legacie to the Gild, sume of the gudis
and gear pertaining to thaime, except be negligence thay pre-
termit to do the samin." +
Alexander II . granted, by Charter, certain privileges to
the Burgh of Aberdeen before 1226, and authority to the
Burgesses to establish their Gilda Mercatoria, with the ex-
ception of fullers and weavers. Here, assuredly, Crafts-
men are by no means excluded, and the exception is in favor
of the particular Trades mentioned- relieving them from the
thraldom of any Gild ; for I find in an old note book (but
without any authority being quoted) " Weavers are, by Act of
Parliament, allowed to exercise their Craft in any place, whether
free or unfree."
The earliest public record extant of the election of Ma-
gistrates in Aberdeen is that of 1398, when the election took
place with consent and assent of the whole community. There
is a roll of the inhabitants chargeable with public assessment
about this period, of which the number is 344. From this the
whole population of all ages is estimated to have been 3000.
Mr. Kennedy mentions the expressions used in the record of
other elections, which are much to the same purpose ; hence,
it is reasonable to conclude, that the whole Freemen of the
town had at that period a voice in the election of Magis-
trates ; and from that, as well as from other circumstances, it
would appear, were eligible as Members of the Council and
of the Magistracy.
At the election in 1398, a Dean of Guild does not appear to

* " Gif ony gild Brother deceis, leivand behind him ane lauchfull dochter
of gude conversatione and fame, quha hes not of her awin ony gudis or geir
quhairby sche may be maryit with ane husband, the Alderman, Dene, and gild
Brether sall provide to her ane husband effeirand to the riches and facultie of
the gild .” —Stat. Gild., c. 11 .
+ Stat. Gild. c. 3.
 13

be one of the Office-bearers chosen, nor is such an official men-

tioned till 1437, when he is said to be elected with consent
of the Council and of the Brethren of Gild. I have not ob-
served the Dean mentioned again for a considerable period ;
some one or more of the Council may have executed the
office. In the record of the Head Court, 5th October, 1450 ,
when the Provost and Baillies were elected, there appears
the following entry :-" Quo die de consensu totius commu-
99
nitatis electus fuit in Decanum Gildæ ;' -but the name
is not inserted . After this time the Dean of Gild is almost
regularly mentioned . In 1502, in Curia Gildæ, two were
elected, and seven Auditors of the Accounts of the Deans of
Gild for the past year. For a course of years, at this time ,
two were thus chosen annually ; but occasionally, (in 1501 ,
1506, 1507, for instance , ) they were elected in Curia Capitalis
Ballivorum , and not in Curia Gildæ . In 1536, " the Provost
and Counsall present for the time chesit the Guid Town's
Thesaurer, Denes of Gild, and Maisters of Kirkwarke and
Brigwarke ."
In the 16th century there are numerous instances in the re-
cords, as I have just now remarked, of the election of two Deans
of Guild. I find contrariwise in 1523 : -David Anderson,
made both Dean of Guild, and Master of Kirk and Bridge
Work. Again, another holds the offices of Treasurer and
Dean of Guild. And, in 1565 , a Baillie, just elected in Head
Court, is, in the Curia Gildæ Ballivorum , made also Treasurer
and Dean of Guild .In 1517, sworn auditors are appointed, in
66
Curia Ballivorum, by " the Provost, Baillies, Council, and
community," to examine the accounts of the Dean of Guild,
and Master of Kirk and Bridge Works, " for six or seven
years by-past," when office seems to have become an inhe-
ritance.
By Act James III. 1466 , " It is statute and ordainit that
na man of craft use merchandise," and by 1487, c. 107, that
" he that is a craftsman either forbear his merchandise or else
renounce his craft, but [ without] ony dissimulation or collour,
under the paine of escheat of the merchandise." These Acts
however merely show the temper of the times , and cannot
 14

be quoted in proof of the general rule acted upon in the

burghs.
The reason of this law, as assigned by Sir Geo. M'Kenzie, is,
that " if craftsmen were allowed to buy, they would not make ;
and so neither improve themselves nor the native commodities
of the kingdom. " But I would rather attribute it to the in-
fluence of the merchants striving for more power and profit,
and aiming to bring about a supremacy for themselves in
Burgh matters- what, in fact, they afterwards effected. A dis-
tinction was long kept up between even Home and Foreign
Traders ; and, under regulations adopted in 1747, the leets
of elections connected with the Glasgow Guildry were com-
posed of equal numbers of each of these. The Brethren of
Aberdeen chiefly valued their right of foreign trade.
In the year 1469, the law rendering Magistrates and Town
Councils self-elective was enacted. " Because of great conten-
tioun yeirly for the chesing of the samin, throw multitude and
clamour of commonis simpell personis, it is thocht expedient
that na Officiaris nor Counsall be continewit efter the Kingis
lawis of Burrowis forther than ane yeir ; and that the chesing
of the new Officiaris be in this wyse-that is to say, the auld
Counsall of the Town sall cheis the new Counsall in sic number
as accordis to the town, and the new Counsall and the auld in
the year foirsaid sall cheis all Officiaris pertening to the Town,
as Alderman, Baillies, Dene of Gild, and uther Officiaris."
But it was not till 1555 that Craftsmen were, by Act of
Parliament, restricted to have but " twa of thame maist
honest and famous to be chosen yeirlie upon the Counsall."
I have been thus particular, in order to show that the Merchant
Guild, as we now understand it, not having had the pos-
session and monopoly, from the earliest times, of all rule in
the Burghs, the Brethren of Guild of the present day go be-
yond the record when they consider themselves the direct suc-
cessors of the original Corporators of the Burgh. At the
risk of being somewhat tedious, I shall dilate a little on this
matter, as regards Aberdeen in particular.
In the records of the Burgh, the mode that can be traced in
the election of Magistrates and Town Council is not at all uni-
 15

form. It appears that till the year 1590 , the Provost, Baillies,
and four Common Serjeants, or Town Serjeants, * (but not the
Town Council) , were elected in the Head Court annually, by
the votes of the whole community, taken upon Rolls regularly
called ; and the names of all the persons absent were taken
down. By the Leg. Burg. c. 93, attendance by the Burges-
ses at stated Head Courts was imperative, and penalties were
imposed for absence " not havand ane lauchfull essonzie." +
From the earliest records the Town Council appear to have
been chosen, for the most part, (some remarkable exceptions will
be mentioned) in the Curia Ballivorum Gildæ, or Curia Gildæ,
holden the Friday after the Head Court ; and the names were
called, and those absent marked, as was done at the Head
Court. In 1474, the record bears " Curia Gildæ Burgi de
Aberdene tenta per prepositum et fratres Gilda :" and
in the following century, the various Office-bearers are
found chosen usually in the Curia Gildæ, by the Pro-
vost and Council present for the time. But in many instances
-1399, 1435, 1475, 1477, and 1481 , -the Council were elect-
ed in the Head Court at the same time as the Magistrates ;
in other instances their names are entered without mentioning
that they were elected, or for what period . In 1475 and 1477
they are said to be elected pro anno sequente vel instanti. In
the 16th century the Council themselves at different times ad-
mitted persons into the Council. In one case they added two
to the Council, and in others they admitted five, because some
of the old were deceased ; and in 1587 eight were added ,

* At the same time were appointed, or elected,-

Appretiatores Carníum,
Vini,
Gustatores
Cervisie.
Lineatores .

+ At the Head Court, 29th September, 1566, the election of the Pro-
vost, 66 nobilis vir Thomas Menzies de Pitfoddels," is unanimous ; but the
Baillies only " with consent of the greater part of the whole community."
This is not in accordance with the generally received opinion that the family
ofMenzies forced themselves upon the community at that time.
 16

without any other reason but, as the record says, " it was ac-
cording to use."
There is no doubt that the Self-elective Act of 1469 was dis-
regarded in Aberdeen for 120 years after its enactment,—that
is to say, in so far as the elections of the Council should have
been annual. They (the Council and Office-bearers) seem to
have been elected, or somehow continued in office, for life, or
during pleasure ; and the election of the Magistrates only took
place annually, in a regular way.
No instance of dispute with respect to any of the elec-
tions appears upon the records till 1582, (the year when the
Banquet was converted into money, and called " Guild Wine
Account,") when thirteen Craftsmen being called " to give their
votes at the Head Court in the Election of the Provost, Bail-
lies, and Officers, according to the common order and consue-
tude of the Burgh, every one answered by themselves per-
sonally present that they would give no vote nor election of
the said Judges and Officers quhill [until ] they be restored to
their liberty, and adjoined to the society of others, freemen
of the Burgh, and the Act, if any be made thereanent, an-
nulled ; and therefore refused to nominate any person, &c."
This is apparently the first recorded formal proceeding
in those differences between the Merchants and the Crafts-
men, which ended in the Decreet Arbitral of 1587, called
the Common Indenture, fixing the limits of Trade between
them. By this Indenture the Composition or Entry-Money
of Craftsmen, to their respective Trades, is to be paid
to the Deacon of the Craft, and " he to be answerable for the
twa part of the same to the Dean of Gild, for to be wared and
bestowt upon the aid, support, and help of the common charges
ofthe Town, according to the directions to be given by the Pro-
vost, Baillies, and Council of the said Burgh, to him therea-
nent ;" this payment being in addition to the ordinary composi-
tion payable for the freedom of the Town. The two-third parts
here referred to continued till 1802, the same in amount as in
1587, 2-3ds of 20 merks ; but the Council then insisted for
2-3ds of the actual entry-money payable to the Trade, and the
Court of Session and House of Lords found them entitled to that.
 17

It was agreed, however, between the Council and the

Trades, to hold the composition to the Trade as £10 , —and
2-3ds (£6 13s. 4d . ) is the sum now accounted for by the
Deacons or Boxmasters for each entrant, over and above his
payment of 200 merks at passing the Council.- (See Table,
p. 20. ) The Craftsmen of Aberdeen had obtained a license
to traffic and deal as merchants in all kinds of Scotch wares,
in the minority of James VI . , which was considered at the time
as a violation of the others' privileges, and after some dispute
gave rise to the foresaid Decreet Arbitral. By it the Crafts-
men are empowered to buy and sell all manner of Scotch wares
within the realm of Scotland, excepting certain staple commo-
dities ; and, I believe, it was found by the Court of Session
that they were entitled to import the raw material of their
respective manufactures, and to export the manufactured ar-
ticle. *
The right of admission of Burgesses, whether Brethren of
Guild, or others, has ever rested with the Magistrates and
Council in Aberdeen, and there has been no separate act of ad-
mission by the Dean of Guild or Guildry. The duty perform-
ed by the Guild Court, in that respect, was to make enquiry as
to the applicant's circumstances, &c.; and it was ordered, by
act of the Town Council, in 1779, that no act of admission
should be engrossed by the Clerk , till the Council, also, should
inform themselves of the character and situation of the person
to be admitted. In various other Burghs, Guildries have been
independent bodies—some anciently, some only recently so.
In matters affecting their general interests, there can be no
doubt that the Guild Brethren here, were in former times, usually

* Harbour Act, § 31.—“ Provided always that the Freemen of the Incorpo-
rated Trades of Aberdeen shall not be liable or obliged, by virtue of this Act,
to pay any more or further Shore or Harbour Dues than Burgesses of Guild,
for whatever Goods or Commodities the said Incorporated Trades are entitled
to deal or traffic in, by virtue of the Common Indenture passed between them
and the Burgesses of Guild of the said City, in the month of July, 1587,
and a Decree of the Court of Session, pronounced in an action of declarator,
at the instance of the said Incorporated Trades against the Magistrates and
City Council, bearing date the 16th January, 1793.”
C
 18

consulted, and that the consent of the major part of the com-
munity was required for all assessments. But now attendance
in Head Courts, which used to be enforced, has become unne-
cessary. We have effectually recovered all our privileges, and
the whole community, through Reporters and the Press, may
be said to be present at every meeting of Council.
We come now to an important statute, Ja. IV. , 1503, as
bearing on the question of the purpose of the sums paid by
entrant Burgesses and Brethren of Gild to the Magistracy of
towns. " It is statute and ordanit, that in tyme to cum na
Provost, Baillie, nor Alderman of ony townis, mak Burgesses
nor Gild Brether, without the consent of the great Counsall
of the town ; and that the proffeit that is tane for the making
of ilk Burgess or Gild Brether be put to the common gude,
and warit on the common warkis."*
The profits made by traders, through the possession of mo-
nopolies, were, undoubtedly, gained at the expense of the com-
munity, and all Burgesses were properly called upon to con-
tribute, for their privileges, to the common good. Trade had
been almost the sole occupation in burghs, and hence we have
the system of taxation for the King's subsidy, which has been
universally followed, in part accounted for .
The following Tables show the different entry monies paid
in Aberdeen, at different periods, and to what funds, and in
what proportions, they have been appropriated :—

• The term દ
Burgesses of Guild," is not in the early records, it is " Bre-
thren of Guild." The others are simply " Burgesses."
 TAB
, LE
-Amount
the
SHEWING
Entrant
by
paid
Compositions
Guild
Burgesses
Aberdeen
of
,-Extraneans
different
at
a
1834
1399
from
periods
― nd
which
to
Funds
,several
applied
were
same
stated
Records
ancient
the
in
Sterling
here
into
converted
Scots
. ut
,b
Money

FUNDS
.
APPLIED.
1399
COMPOSITIONS
WHICH
TO .
1439 1492.
1625.
1593.
1629.
1643
.1641. .
1699 .
1736 1796
.
1779. 1814
to
1834
.

d
.s£ sd
.£ s. d
.s£ sd
.£ £
s.d
Casualties
,1. 4
3
5
8
6
83
016
5 40 240
513
1213168 6
688 20
08 0017
30
,(eon
Wine
Guild
2.
Casual-
ntered
ties
,)S
1616
till
1582
from
'Charge "" 9999
99 13
10681 13 0
10
12

36
39

36
Guild
eBox
,3.
1600
instablished 5
10 0 0
500
50
9999 9999 9999 " "" 9"999 "" "" ""

36
36

36

36
34
39
19

Additional
4.
Guild
to
,'Fund
Box
19

established
1736
in~~~
career
.,~ "9999 9999
" "" 39
99 99
"9 29 9999
"919 02
16
37

36
‫>פ>י‬
established
Money
Arms
,5.
1676
in 9999 9"999 10131 13
1 0 01 0 0
1 0
99
199 9999 9999 9"999"9 ""

32

36
36
Total
at
each
period
, 0 95
60
13
10
11
25 16
3
514
23
82330
5317
14 23
39 0025
50

proportions
The
Compositions
the
between
Guild
ofBrethren
andnd
Simple
hthose
Craftsmen
ave
,abeen
.Burgesses
various latter
the
1399
In
only
Classes
Third
they
times
after
in
Half
One
paid
1642
T
i-
w
"
find
burgess
pBW Guild
of
1W
.4£
,.; 13s hus
em
atson
6naying
dut
George
Fyfe
Burgess
D
Wm
T.;
6m
,£
Craft
his
of
."8Freeailor
simple
dade
The
had
Sexclusive
theownie
Brethren
Gild
right
of
Trade
Foreign
hadnd
Charitable
in
interest
Simple
ahich
,wan
Funds
not
Burgesses
Burgess
.I
Draff
trace
we
the
of n
Burgess
more
a
ancient
.period
 .,1833
BURGESSES
TRADES
AND
ENTRANT
BY
PAYABLE
COMPOSITION

.
HOW
APPROPRIATED
Composition
of
Amount
GUILD
.OF
BURGESSES Town
.
to
the Additional
Casualties
. Fund Guild
.
Wine Arms
'
to Money
.
Guild
.
Box

£
s.d £
s.d s.£
d. s
£
.d £
s.d
Extraneans
, 50
0 30
0 0
17 200 10

333
10

10
Burgesses
,of
inaw
Apprentices
-land
Sons 40
0
20 17
0 2001 0
Sons
of
,Burgesses 0
8 0 60 0 10 100

00
3
39
132
Age
,when
of
Council
the
passing
on
Burgesses
Infant 600 . "" 600"9 99

:
36
33

36

30
20

BURGESSES
.
TRADES . ndent
ICom
s
£
.d
Extrane
, ans 4
163 11
12
2 15
17
63 " 0
10
99 "" 99
36
86

Freemen
,of
l-inaw
Sons
and
Apprentices 368 61
13 18
97 "9 0
10
"99 ""
:

Marriage
,
Persons
and
Apprentices
of
both
privilege
the
having 6
18 5
633 23
4 "" " 99 10
0
3:3

Freemen
of
Sons
,Eldest 0
10 "9 9" "" "" 0
10
"" "" "
39
66 14

་
38 66
66
36

33
38
333

Freemen
,Sons
of
Younger 6
1 8 100 68
2 "" 99 9"9 913
39
86

THE .
FEES
Burgesses
Officer's
and
Clerk's
or
,fof
Guild £
15
6 Stamps
,
descriptions
both
of
Extraneans
for 3
£
10
Craft
or smen
fd,Ditto 104 Ditto
Apprentices
,&
.for
c
itto 1
10
 21

Aberdeen was early a place of extensive foreign trade, and the

pure Merchants, (if the expression may be allowed , ) succeeded
at length in securing that branch in particular for themselves by
excluding Craftsmen from the Guildry. But Merchants were
equally under the control of the municipal laws as were Crafts-
men ; and the Magistrates used to fix the price of merchandize,
as they did that of Craftsmen's goods. Not only so, but the
power of the Magistrates over both as to the form of admission,
and the dues of composition, have all along been the same.
The fluctuations which took place in the amount were at plea-
sure, and in consequence of special acts of indulgence. But
the point of right, and the power of the Magistrates to fix the
entry-monies, never appears to have been called in question,
until the case, already mentioned, of Duncan and others, who
raised an action relative to an increase in 1779, which, in 1786,
was decided in favour of the Magistrates' right to raise the
dues ; a right, however, subject to be moderated by the Su-
preme Court.
The records of all the different Burgh Courts held in Aber-
deen-the " Curia Capitalis Burgi," " Curia Capitalis Balli-
vorum ," and " Curia Gildæ”--are found intermixed in the
same writing and same books, until so late as 1637. In none
of the courts, down to that period, is the Dean of Gild found
presiding. * These books bear the title of " Liber Commu-
nitatis Burgi,"-the Book of the Community of the Burgh.
Besides the Head Court, when the statement of the Town's
Accounts was read, just previous to the election of Magistrates,
there used to be held, annually, three Curiæ Capitales, and
three Curiæ Gildæ, on separate days,-in October, January,
and April ; after Michaelmas, Christmas, and Easter. Ap-
parently the only Account laid before the Curia Gildæ, was
that of the Gild or Merchant's Box. To define the powers
of these courts would be no easy matter. Probably business

* Some years, about 1450, a certain Provost and a certain Dean of Guild,
Duncan Clatt and Richard of Kintore, are mentioned together as holding the
Curia Gildæ.
 22

was conducted by the small communities of that time in a

way not requiring any jealous separation of rights.
There is a book by itself for the period from 1637 to 1697,
which is mostly taken up with judicial proceedings (about
wool, wine, herrings, and the like, ) of the Guild Court, the
constitution and jurisdiction of which was defined by the Ma-
gistrates and Council in 1609, -and there the Dean is found pre-
siding. * There is some trace of another book, for 1697 to
1793. After 1793, the proceedings of this Court (much of
its power and jurisdiction being fallen into desuetude) , are
continued down to the present day. The following circum-
stance is worthy of our attention :-In the Book of the
proceedings of the Guild Court from 1637 to 1697, long
after Guild Wine Account was established , there are given
yearly statements of the payments from the Gild Box ; but
no other Guildry account is noticed ; and it is also remark-
able, that at the various general meetings narrated— " The
Brethren being publicly callit, ilk person absent, according as
he was markit in the roll, was amerciat in the soume of fyve
punds money, to be payt to the Dean of Gild for the use of
the Towne."+
Aberdeen has evidently been a much frequented port. In
1566, the Merchants, assembled in Curia Gildæ , agreed to cer-
tain dues on ships and goods, to uphold a Lighthouse on the

* The following is the usual form in which acceptance of office by the As-
sessors is recorded :-
" 10th October, 1639.— Curia Gildæ burgi de Aberdeni tenta in domo Con-
sulari ejusdem, per Alexandrum Jaffray, Decanum Gildæ dicti burgi.
" The quhilk day the Provost, Baillies, and Counsall havand, by Act of
Counsall, nominat and electit-[here are given the names,]—or ony foure of
thame convenand, to be assessors to the said Alex Jaffray, Deane of Gild, in
all his Courts and Meetings, to be hauldin and keepit be him , till Michaelmas
next ; and sicklyik distributirs of the gild Box moneys.— -Compeirit the fore-
namit persones and acceptit the foresaid charge in and upoun thame, and pro-
meist to attend and give thair advyss and concurrence accordinglie."
+ In this book there is a list of the Brethren of Gild in 1637, when their
number was 318 ; in 1657, the number is decreased to 266 ; we are now
about 790.
 23

Castlehill, having " a great bowet, with three flameing lichts."

This bespeaks considerable trade. Licences were in use to be
granted for foreign voyages, and the price of one for an ad-
venture to Dantzic was 5 merks (5s. 6d . stg. ) to the profit
of the town. In 1469, this was the amount fixed at the elec-
tion of the Dean of Gild to be allowed him for his pains.
Sometimes he was granted the privilege and the profit of
making a Burgess for himself ; and if he did not exercise the
privilege, he got the profit he might have made of it allow-
ed him in his accounts. In 1503, one was admitted by desire
of the Alderman's lady. In 1597, William Dun , Dean of
Guild, turned a penny in another way ; he was allowed
£47 3s. 4d. Scots ( £3 18s. 73d . stg. ) as a recompence for
his extraordinary pains in burning a great number of witches,
and hanging four pirates. It is certainly not uncharitable to
suppose of this man, that he contrived to thin the ranks of the
annuitants.
Before Wm . Dun's exploits, a Reformer, noted in the
history of Aberdeen, had played his part. In 1590, Mr.
John Cheyne, Advocate, was upon the Council, and the Pro-
vost, Baillies and the rest removed him from office as a 66 per-
son unmeet to be of the Council, and worthy of deprivation,
because he denied the constancie of the Council, and the
continuance of the persons thereof ; that he alleged there
had been no lawful Council in the Burgh for many years ;
that he sought Tradesmen to be adjoined to the Council, and
would not declare that no Tradesman should bear office, nor
be upon the Council, according to the mind of an appointment
and indenture made betwixt the Burgesses of Gild and Trades-
men of the same, bearing, & c." Among the rest of Mr.
Cheyne's proposals was-" The Dean of Guild to be yearly
chosen by the Town, (these are the words, ) and have full ju-
risdiction as he has in other towns." By perseverance till
1593, Mr. Cheyne prevailed, in so far as to have himself re-
installed in office, and he was elected Provost. But the mer-
chants, tenacious of their power, could not brook the inter-
ference of the men of law, who, in those days, appear to
have thrown their weight into the liberal scale ; and at length
 24

the acts of the Convention of Boroughs, and various others,

which rendered all persons, not being Merchants and actual
traffickers, incapable of holding office in the Magistracy, came
to be observed. In Provost Cheyne's time the Deans of Guild
continued to be elected as they had been before. *
The following extract of the record of the Curia Gildæ of

* " 1st October, 1593.— Curia Capitalis Burgi de Aberdene tenta in

prætorio ejusdem per honorabiles viros Magistrum Joannem Cheyn de
Fortrie Præpositum, Joannem Collyson, Georgium Strachan Cheyn,
Henricum Forbes, et Magistrum Georgium Anderson , Ballivos dicti
Burgi judicialiter sedentes.
" The quhilk day, the haili town being convenit in the Tolbooth this day as
upon thair heid Court day, and forder being warnit be the hand bell according
to the custome, and compearand all in a full assemblie representand the haill
body of the town. It was exponit and declarit to them be Master Johne
Cheyn of Fortrie, Provest, that he with Johne Collysone, George Strachan
Chyn, Henrie Forbes, and Maister George Andersone, Baillies, was electit and
chosen Provost and Bailleis of this Burgh for the yeir to cum ; and that the
said Maister John, notwithstanding of his money gryt and weychtie effairs
quhilkis micht be impediment to him, and ane latt to accept the said office upon
him, and diligentlie discharge him thereof and that utherways he micht eschew
the acceptation of the same ; yet gif the town this day fullie convenit wald promeis
ilk ane be himself be their handis uphauldin, to remove rancor and malice, and
to embrace freyndschip, and luff ilk ane with utheris in tyme cuming, notwith-
standing ofthe contraversies and grudge that hes bene amongis thame thir yeris
bygane for the electioun of thair Magistrattis and uther commoun caussis (now
praysit be God settled ), promise obedience to him and the saids bailleis as to
thair lawfull Magistrattis, and to concur with thame in the executioun off thair
office, and faythfull discharge in all thingis concerning the commoun weill of this
burgh, the said Maister Johne wald promeis lykas be thir p'tis he fayth-
fullie promesis efter his habilitie and according to his powar and knowledge, he, as
Provest, and thay as Bailleis, to cairfullie attend upon the saids offices, discharge
thame treulie and uprightlie theiroff, administrat justice to puir and riche with-
out respect of persones, and advance the common weill of this burgh to ye utter-
mest of thair powaris according to their knowledge and understanding, and de-
syrit everie man personallie present to giff his awin ansr theiranent ; and the
town fullie convenit as saidis all in ane voice, without oppositioun or contradic-
tioun, be thair handis uphauldin, ilk man be himseiff promeist to remove all
rancour and interteine freyndship as memberis of ane body, to render obedience
to the saids Provest and Bailleis as to thair lawful Magistrattis, and concur
rence and assistance to thame in all thingis lefull as thay sal be chargit and
comandit."
 25

1452,-the ancient Meeting of the Gild,-will serve to in-

stance several particulars ; it shows us the Provost presiding,
and the Dean of Guild elected ; we see, also, how the Brethren
secured to themselves the profits of the monopoly of trade,
and to each man in the Gild a good return for his capital.

" 6th October, 1452. — Curia Gilde Burgi de Aberdeen, tenta per Johan-
nem Fyfe, Prepositum, ejusd.
" Quo die Richardus Kintor, electus fuit in Decanum Gilde, pro anno pre-
senti, prestito solito juramento.
" The same day the bail counsal has statute and ordaint, for a year, that na
man be ressavit in the brotherhood of the gild of this burgh bot burgess' sonnes,
or men that marries freemen's dochteris, the quhilk sall be ressavit be the
aldermann and dean of the Gild, and twal persons of the Counsal, at the least.
29
“ Item, that na unfreemen saile out of this burgh, but burgess' sonnes.'

By the next two extracts, from 1472, 1485, it will be seen that
it was the Alderman, Baillies, and certain of the Council, or
persons appointed by them, who alone bargained for the mer-
chandize brought to the town. I was puzzled to comprehend
the system of business described in these extracts until I met
with some mercantile regulations of that Government, which
of all, is the most opposed to free trade, and as they are short,
curious, and really explanatory of the subject of this part of
the Report, I have made bold to place them in the Appendix,
(No. I. ,) although it may appear strange that they are to be
found here at all .

❝ 9th October, 1472.—It is ordainet and statute be the Alderman and the
hail counsale, that David Colliesen, Robert of Cullen, John Warmet, and
Thomas Prat, [these are four persons on the Council,] or ony twa of them,
sall have full power to by, to the common profeit of the town, all manner of
gudes of aventure that cumis be the sey to this burghe, and to dispone thai
gudes to the neichbouris of the town, be the sycht of the Alderman as Rffee
[referee,] and that nane uther man of this Burgh sall by ony sik gudes
quhyl the foresaid men have dischargit them of the bying of the said gudes,
under the payne of tynsale of proffete of the gudes, and xl shellings unfor-
given to the common proffete to be raisit, and quhatever he be that braks this
ordinance he sall syt in the tolbuthe for viii days."

" 22d September, 1485.- It is ordainit and statute, be the counsale, that at
the cuming all gudes that cums to this burgh be adventur of sey, sall first be
D
 26

enterit and offerit to the Aldermann or Baillies, and certane of the Counsale,
at the loest [price] in the name of the towne, fore ony man by ony part thereof;
and that na neichbr. by sic gudes before they be enterit, as said is, on the pain
of fourty shillings, to be tain and given to Saint Nicholas wark ; and that all
sic gudes of aventur cuming be sey sall be bocht and resaevit be the watter
[sold at the quay] next day."

This was 50 years after we had a Dean of Gild appointed,

and we have formed, as it appears, rather too high notions of
the rank and importance of this officer in early times, for,
besides what we may gather from the preceding, there is a
Minute in the Records of 1449, to this effect :-" Gin the
Dean of Gild be negligent in the executing of the foresaid
statutes,-[some municipal regulations which are laid down , ]
-and he be convict be the alderman and counsall thereupon,
he sall pay the same unlaw and payne the fautoris [those
in fault] suld have pait, to be raisit off him by the alderman,
unforgiven." And " Gif ony Browster, in brewing his ale,
committs ony fault, na person sould mell therewith but the
Provost and Baillies."* The brewer in such a case was to
suffer both in purse and person, tothole the law of the
towne, their personnis to be put on the cockstuill, and the stuff
to be given to the puire folk."
Draff Burgesses, who were mealsellers, maltsters, & c., †
have not been entered here for a course of years. I have else-
where remarked that they probably represented the Simple
Burgesses of old times ; they had no right to any benefit from
the Guildry funds, and their posterity acquired no right
through their Burghership. At present there are but two
classes here, Guild and Trades Burgesses ; but in other places
the third class is generally to be found. I invite attention to
the following two Acts of Council, 1750, 1775, with regard
to that class, and also as to the rules observed in admitting
Burgesses some 50 to 80 years ago. There are many other Acts

* Leg. Burg., c. 21 .
In 1509, there were 153 retailers of ale in the town ; last year 647 pub-
licans' certificates were granted .
 27

of Council bearing upon the terms of admission , & c. but none

which I have observed, of sufficient importance to be brought
forward at present .

" 23d September, 1750.—The said day, the Dean of Guild represented that
the Guild Court had under their consideration, that many persons were entered
and admitted Burgesses of Guild without a sufficiency of stock, and with intent
to turn Malsters and Mealsellers, and have no other trade in view, when their
chief end appears to be, that they, their wives, and children, may have a title to
the town's public funds : that this has been partly occasioned by the small
value of stock an entering Burgher is required to have, being one thousand
pound scots, and partly by admitting so many Malsters as Brethren of Guild.
They therefore were of opinion, that every entrant Burgess should be possessed
of two hundred pound sterling of stock ; and that to prevent Malsters and
Mealsellers from having a title to the Guildry Funds, the Court were of opinion,
that any person who inclined to have the privilege of Malsters and Mealsellers
within this burgh, in case the Council found proper to receive them, that they
should have a Licence for their lifetime, to make and sell Malt within this
burgh and liberties, for the composition of fifty pound Scots ;* but then such
Malsters and Mealsellers should have none of the privileges of the Guildrie, and
neither they, their wives, or children, to have any title to the funds of the Guil-
drie ; and therefore the Dean of Guild craved the Council would be pleased to
homologate and approve of the above resolution and agreement of the Guild
Court, and do therein as they should find reasonable. All which, being consi-
dered by the Magistrates and Council foresaid, and they having fully reasoned
thereupon, and being at length well and ripely advised thereanent, they statute
and ordain that, in all time coming, every person applying to be Burgher of
Guild shall be obliged to satisfy the Dean of Guild Court that they are worth the
sum of one hundred and fifty pound sterling of stock,† otherways they are not
to be remitted to the Council for admission-besides their being of good fame
and character. And the Council, considering that of ancient times it had been
the practice of this burgh to admit simple Burgesses, they statute and ordain,
that if any person shall apply for liberty of being a Malster or Mealseller, and
shall instruct that he is worth the sum of one thousand merks Scots of a stock,
and be of good fame, then the Council are of opinion, that such person may
be licensed to be a Malster or Mealseller within this Burgh, during his lifetime
allenarly, for the composition of fifty pound Scots. But then such person is
noways to be deemed a Guild Brother ; nor is he, his wife, or children to have
any title to any of the privileges or funds of the Guildrie ; but in case such per-
son shall afterwards be found qualified to be received a Burgess of Guild, he

* This was half the entry money of a Burgess of Guild.

It will be observed that, in this, the Council did not quite adopt the re-
commendation of the Guild Court.
D2
 28

shall get allowance of the said fifty pound Scots in part of his composition. And
for the encouragement of apprentices that may incline to enter Brethren of
Guild, it is hereby statute and ordained, that if any person apprentice shall
serve a Guild Brother, within this burgh, for the space of seven years, faithfully
and honestly, and have his indentures regularly discharged, that then such ap-
prentice shall be found qualified to be admitted a Guild Brother, upon his in-
structing to the Guild Court that he is worth one hundred pound sterling of
stock, and shall be received accordingly : And appoints this act to be laid be-
fore the double Council for their approbation."
" At Aberdeen the 26th day of September, 1775 years, in presence of the
Magistrates and Council.
“ The said day, the Council having heard and considered a recommendation
from the Dean of Guild Court, respecting the alteration of the form of attesting
the circumstances of persons applying to be entered Burghers of Guild, of the fol-
lowing tenor, viz.- The Court having taken under consideration the form of
the attestation of the circumstances of persons applying to this Court to take
tryal of their qualifications for being admitted Burgesses of Guild, they are of opi-
nion that these attestations, so far as respects the circumstances of persons ap-
plying, should be abolished, and that in place thereof an obligation should be ex-
acted from every extranean entering Burgess of Guild, that neither he nor his fa-
mily shall be burthensome to the town for the space of ten years after his admis-
sion, and that such extranean Burgess shall, at his admission, renounce any title
or benefit which he may have to any of the town's funds for that space ; and
they resolve that in time coming no petitions shall be received but such as set
forth the petitioners willingness to come under the foresaid obligation, and grant
the above-mentioned renunciation ; and they recommend to the Dean of
Guild to lay this opinion and resolution before the Council, that they may consi-
der how far it may not be proper to pass an act to the above purpose.' Which
act and recommendation of the Dean of Guild Court, being deliberately consider-
ed by the Council, they are unanimously of opinion, that the funds belonging to
the Guildry, and destined for the better support of necessitous Burgesses of
Guild, have of late years suffered great loss and prejudice by the admission of
persons to be Burgesses of Guild who were not, at the time of their being ad-
mitted, in real good circumstances, and have too soon become a burden uponthe
Guildry funds ; and therefore the Council unanimously ratifie and approve of the
foresaid act and recommendation of the Dean of Guild Court, in all points, and
do enact and ordain, that no person who is an extranean shall be admitted or re-
ceived a Burgess of Guild, in time coming, until first he grant an obligation
agreeable to, and in terms of, the act of the Dean of Guild Court above in-
sert, and recommend to the Dean of Guild Court hereafter not to receive
any petitions from intrant Burgesses, but such as shall declare their willingness
to come under and subscribe such an obligation .”
This obligation has ever since been embodied in the Burgess
ticket.
 29

Two more extracts are given here as matter of curiosity.

In the first, 1511 , we have an example of two Deans of Guild
elected ; and a regulation by the Provost, Baillies, and Coun-
cil, to be observed in the admission of younger sons. In the
next, 1566, we learn the proceeding in depriving a Burgess
of his privilege, and some of the reasons for doing so in
those days .

" 10th October, 1511.-Eodem Die, Jacobus Collison et Patricius Leslie

electi fuerunt Decani Gilde pro anno instanti prestitis solitis juramentis.—
The said day, It was statut and ordainit be the Provost, Baillies, and Coun-
sal, that na burgess sonne, except the eldest, be ressavit to the freedom of this
burgh, nor considderit of the Gilde, without they compone with the Provost
and Dean of Gilde for the time, according to the King's laws of the Boroughs.
And likewise, thay that marries Burgess dochters."

« 16th January, 1566. * -Curia Gilde Ballivorum, &c.

" The said day, anent the action and cause movit and pursewit be Maister
George Middleton, Thesaurer and Dean of Gilde of Aberdeen, in name of the
hail communitie thereof, before the Provest and Baillies, against William Far-
quharson, &c. &c. The said Provest and Baillies decreetit and declarit him

* The following list of prices, as fixed in 1568, by the Provost, Baillies,

and Town Council of Aberdeen, has not, so far as I know, hitherto appeared
in print :-
Scots. Sterling.
Men's shoes, a pair, single soled, 28 pennies, equal to Os. 2d.
Ditto, ditto, double soled, 3/ 11 0 3
Women's ditto, single soled, • 18 pennies, 11 0 11
Ditto, ditto, double soled, 2/
Children's ditto, 12 to 10 pennies, 0 1
Boots, 16/ 11 1 4
White Bread, 20 ounces, 4 pennies , IT 001/10
Mutton bouk [carcase]-best, 10/ 11 0 10
Do. of less value , 8/ 0 8
Sheep's Tallow, stone, 18/ 1 6
Nolt's do. do. 16/ "I 4
Gude stark cleine Ale, by freemen, 0 2
2/
Gallon,
Do. by unfreemen, 20 pennies, 11 0 1

Master Masons, Wrights, and Slaters, } 3/ " 0 3

p day,
Journeymen, 21 0 2
Barrowmen and Servant Boys, 18 pennies, 11 0 12
 30

to have tint his freedom of the said Burgh in all tyme coming, because he has
oft and deverse tymes obefoir been summoned and requirit to have made his
dwelling, remaining, and residing in this Burgh, according to the consuetude
thereof, and his aith of fidelitie given thereupon, to scott, lott, wauk, and ward,
and to pay his contributionis, stentis, and taxations of the said Burgh, as neigh-
bours and uthers did, and failzeit utterly in doing thereof, but hes remainit out
of the Burgh, in Strathspey and other Helandis, perpetuallie, be the space of
sax yeirs immediatlie bygane, &c."

GUILD COURT.

The institution of a Guild Court, such a one as we have

been in use to contemplate, took place only in 1609, together
with the first appointment of Assessors, " upon a supplication
and petition given in, in name of the Brether of Gild of this
Burgh to ye auld and new Counselles of the samyn” : but
the document deserves to be given at length. It was here that
we should have expected to find the rights of the Guildry, as
a separate Incorporation , fairly displayed ; whereas, it will be
seen, that " the haill brethrene of gild assembled,” ratified
and approved those limitations and conditions upon which the
Court was established, the which guarded, with great care,
the superior authority of the Magistrates and Council .

" 6th October, 1609.-Curia Gilde burgi de Aberdeen, tenta per preposi-
tum et Ballivos, &c.
" The said day, the Bretheren of gild being convenit this day for ye maist
pairt in thair gild Court, It was exponed to thame be Alexander Rutherfurd,
Provest, That ane supplicatioun and petitioun, gevin in before Michaelmas last
bypast, in name of ye brether of gild of yis burgh to ye auld and new Coun-
sellis of ye samyn, desyring that in all tyme cuming the Deane of gild of yis
burgh may have sic power and jurisdictioun to hald courttis betwixt merchand
and merchand, merchand and maryner, as is prescrybit be Act of Parliament.
Anent the quhilk, baythe the saidis Counsellis wt a selected number of ye maist
wyss and discreit of ye said gild brethrene haiving haid diverss meettingis and
conferences, and at length sundrie dayis reasoned and debaitted the matter
amongs thameselffis and eftir dew and debtfull deliberatoun and mature advys-
ment for satling of ye said deane of gild's jurisdictioun within this burgh, and
satisfieing of ye desyre of ye said petitioun aggreit and consentit,-
" That the deane of gild of yis burgh sal have his power, authoritie, and ju-
risdictioun in tyme cuming wt thir restrictionis and limitationis efter following :-
First, that the deane of gild sal have power to hauld Courttis and judge on
 31

matters betwixt merchand and merchand, and merchand and mariner, concerning
thair merchand comptis, rakningis, merchand bills and charter parteis allenerlie,*
and to have his awin officiar to put his decreittis to execution, to be chosen out
of ye five town's ordinar officiaris, and to have libertie to chuss ony of thame
quhome he pleisses, and ye Magistrattes being required to concur to ye putting
of his decreittis to executioun, and ye Town Clerk, or his Deputie, to be Clerk
to his Courttis.
" Item, he sall have four Assessors chosin yeirlie be ye Counsell, quhilkis As-
sessors sal be brether of gild quha hes bene Counsellors of befoir be ye space
of thrie yeiris or it be lesum to thame to be chosin Assessors to ye deane of
gild, And to be sworne yeirlie the tyme of thair electioun.
" Item, that he sal have no power be himselff nor his Assessors to set down
any positive Law or Statute, speciallie on ye doun setting of constant prices,
bat be ye advyse of ye Magistrattis, and baythe Counsells ; fra quhome allen-
erlie all laws and Statutis sall proceid concerning the estait of merchandis and
weill of ye toun.
" Item, that it sall be no exceptioun to ye Deane of gild being chosin baillie
ony yeir yrefter to exeme him fra accepting of ye office of baillierie, notwith-
standing that he hes bene deane of gild of before, or of ye forme usit in Edinr.
not obstant q'of being chosin baillie he sal be haldin to accept the office of
baillierie.
“ Item, all unlawis or quhatsumever uther casualitie that sal happen to be
gottin be ye deane of gildis Court, qrof he hes power to judge, to be maid
furthcumand to ye weill of ye estait of ye gild brethrene, and compt to be maid
yrof yeirlie to ye Magistrattis and brethrene of gild on ye Counselle at ye tyme
quhen ye rest of ye townis comptis ar maid.
" Item, the deane of gild, In all tyme cuming to accuse forstalleris, call and
persew thame befoir ye Provest and Baillies yeirlie, at all occasionis, and to be
comptable yeirlie to ye Counsell, according to auld use and wount, for thair
unlawis, as ye deane of gild hes done of auld. Conforme to ye quhilkis articles,
the Counsell haid already chosin thir four merchandis and brethrene of gild
efter specifeit, viz. :-David Fergussoun, Maister William Moir, Alexr. Kempt,
and William Dun, quha haid bene Counsellors in yis burt be ye space of thrie
yeirs bygane, to be Assessors to David Cargill present deane of gild, quhill
Michaelmes nixt to cum. Quhilkis articles, contenand the limitationis above
specifeit, being oppenlie red, in audience of ye haill brethrene of gild assembled
this day, The said Alex . Rutherfurd, Provest, inquyred of thame gif yai wald
be content yrwt, accept, ratefie, and approve ye same, to stand and be estab-
lished as ye jurisdictioun and power of ye deane of gild of yis burgh, qlk sal

* Subsequent usage and enactments abridged the authority of all Guild

Courts ; maritime causes were transferred to the Court of Admiralty, and
civil questions reverted to the ordinary jurisdictions.- Ersk, B. I.
 32

be usit and exercised be him in tyme cuming ; Qua all in ane word, but ony
opposition or contradictioun, consentit and aggreet y'to, and war content yat ye
same suld be inacted in the judiciall buikes of this burgh, to remane as ane
constant and satlit law and order concerning the jurisdictioun of ye deane of
gild of yis burghe in all time cuming. Quhairupon ye said Alex Rutherfurd,
Provest, and David Cargill, present Deane of gild, in name of ye gild breth-
rene, tuik Act of Court and Instrument."

The jurisdiction thus appointed is much in terms of the

Act, James VI. , 1593. After this I can see no farther elec-
tion of Assessors recorded till 1625, when again they are
hamed by the Council, and no doubt they have continued
to be so annually ever till now. In 1697 the Dean of Guild's
privileges are said to be fallen into desuetude, and are re-
vived by the following Act of Council, which appears to be
the last bearing materially on the subject. There is mention
made in it of the Gild Box monies. The 4th October, 1633,
seems to be the last occasion when that account was laid be-
fore the Head Court of the Brethren of Gild, (or Curia Gildæ,
as it was still called, ) and when persons were named as Dis-
tributors by the Brethren ; yet there was a Gild Court with
Assessors long before that time, as we have just seen. After
1633 the duty of distributing the charities devolved upon the
Assessors " nominated and elected" by the Town Council. *
Till 1772 or 1773, the payments are stated to be " by Act of
Council and Guild Court ;" the Council frequently ordered
payments from the Gild Box. After 1773 all notice of the
Guild Court is dropped in the Accounts, and the payments
entered " as by Act of Council."

“ 22d December, 1697.- The said day, The Councell taking to their serious
consideratione, That their predecessors had made and appointed many laudable
Acts and Statuts, both by head Courts and Councells, relative to the Dean of
Guild's
's priviledges, which, within thir few years, are become in desuetude,
and they being most willing that the Acts following should be revived, viz.:
That the Dean of Guild and his Assessors should be only distributers of the
moneys belonging to the Gild Box and Casualties thereof, to decayed brethren
of Gild and yr widdows, as at length is contained in the following Acts, as

* Previous to 1637 there were only four Assessors chosen, but that year
there were twelve- four a quorum. The number has been twelve ever since.
 33

-7th of October, 1603, 4th October, 1605, and particularly the 9th of Octo-
ber, 1612, whereby it is ordained, that twelve brethren of Gild, with the Dean
of Gild, shall distribute yearly all the moneys and yearly casualties belonging
to the Gild Box : As also, that the Dean of Guild and his Court take tryall
of all persons offering themselves to be made burgess of Gild, of y' qualli-
fications, conform to ye Acts after specifiet, viz.:-20th Oct. 1675, an..
26th April, 1665, and 8th Nov. 1643, and particularly of the 2d of Oct.
1637, whereby it is statute, concluded, and ordained, that no person what-
somever should be admitted Gild Burgess of this Burgh, in any time
comeing, but such as shall be first tryed be the Dean of Guild and his
Assessors, in their Gild Courts, whilk is appointed to hold ones every week
in time comeing, to wite, on Thursday at two of the afternoon,--And there
to be tryed both of their life and conversation, and what means they have
to bear out the rank and place of ane Gild Burgess : And being qualified be
them, and apt to be ane Gild Burgess, to be thereafter presented be the Dean
of Gild for the time to the Toun's Councell, to the effect their composition
may be sett doun by them, and they admitted and sworn, in face of Councell.
But in case the petitioner be not qualified, after tryall be the Dean of Gild and
his Assessors, to be Gild Burgess, upon report to be made by the Dean of Gild
to the Town Councell of the petitioner's insufficiency, in that case he is to be
rejected by the Councell, and declared incapable of the benefit of burgesshipe
y'after, till such time as he be presented by the Dean of Gild as qualified.
Therefor the Councell ratified, homologat, and approved of the haill foresaid
Acts, as they are contained in the foresaid Acts and Statuts : And for them
and their successors, Councills of Aberdene, obleiges themselves not to midle
or interfeire with the Dean of Guild and his Courts in any of the forsds privi-
ledges, requesting the Dean of Gild to see the same faithfully gone about.
Almost all the Acts referred to in the foregoing are repe-
titions of the same matter ; the Act, 9th October, 1612, par-
ticularly mentioned, is recorded under the head Curia Gildæ.
After the usual proceedings upon laying the Account of the
Guild Box before the meeting, and naming three key-keepers,
-the Treasurer being one, —the Act proceeds :
" Likas the threttene merchandis following, or the maist part of them con-
venand,--[here the names are inserted,]--were nominat and chosen be the
Brether of Gild to be distributers of quhatsumever sumes off money to be geven
out and deburset of the said box silver to ony decayet merchandis and Brether
of Gild of this Burgh, during the yeir to come ; and quhatsumever the said
threttene merchandis, or the maist part of them convenand, appoints to be
deburset for help and support of thair decayet Brether, during the yeir forsaid,
the hail Brether of Gild convenet, as said is, promisset to hauld the same firme
and stable."*

* These thirteen were not the Assessors, for they were chosen by the
Council, (see Act 1609, p. 31.) and they were only four until 1637, (see ,
preceding page.)
E
 34

THE Accounts said to be under the charge of the Dean

of Guild will now be particularly noticed . Appendix, No.
II. , contains a statement of them as last published.
The first of the Town's regular Accounts extant is for the
year 1453. It is one furnished by the Dean of Guild. He
acted seemingly as Chamberlain . The Provost kept the Ac-
counts at an earlier period, and the particulars of some of
them are in the records. From 1453 there is a gap of a
century ; the next account is one rendered by the Dean of
Guild for three years in one,-1548 to 1551 ; the next by
him is for 1582 , and they are pretty regular after. The
Treasurer's Accounts begin in 1577, and contain the same
items of permanent revenue from Lands, Fishings, &c. as had
been in the Provost's and Dean of Guild's before. A detail of
some of the particulars in the Account of 1453 is in Appen-
dix, No. III .

GUILD BOX.
The first mention made of the Guild Box is in a Minute of
Council in 1600, when a strong box is actually provided, and
the following two Minutes give a full account of the matter.
The first separate Guild Box Account extant is for 1618, but
there are payments to decayed Brethren mentioned in the
Accounts previously .
" 16th July, 1600. —The said day, the Provest, Baillies, and Counsall, or-
danit David Cargill, Deane of Gild, to mak ane Box, bandit with irne, havand
four lockis and four keyis, for keping of the silver gevin and grantit be the
merchand trafficqueris of this burt and promeist be thame in thair voyages to
forane countries, and fra the samen, to the support of the pure, or yit tackin
up within schippis for brackis and enormities committit within schip buird, and
sic uther accidentis as is commonlie upliftet of merchandis : And the four keyis
thairoff to be keepit be four personis to be appointed be the Counsall, be the
advise of the brether of gild : And the said silver imput in the said box to
be employit and bestowit to the help and support of the decayit brether of
gild of this burght, and the expenss to be maid thairon to be allowit to ye
said Deane of gild in his comptis."
" 23d September, 1600.-- Curia Ballivorum burgi de Abirden, &c.-The
said day, the haill towne being convenit within the Tollbuyth, and the
Brether of Gild Merchands for the maist pairt being assemblit, yet as obefore
grantit consentit and agreit that ane common box suld be maid, quhilk was this
 35

day presentit in judgment be David Cargill, Dean of Gild, to be callit in a..

tyme cuming the Merchands' Box ; and the silver to be collectit be the saids merch-
ands quhairof the particularis followis, to be put therein, imployit and bestowit
for the help and support of the decayit Merchands and Brether of Gild of this
burght, and that the Dean of Gild for the tyme sall ever have the keeping of
said Box ; quha sal be haiden to have ane buik, quhairin sal be wretin be the
Merchand ingever of any sowme to the box, the quantitie of the sowme input
be him, the day of the inputting yrof, with the date of the yeir, quhilk the
Merchand ingever sal be haulden to subscribe, gif he can wreit, [ ! ] and gif he
cannot wreit to be subscribit be a notar for him, and the thrie keyis of the
said box to be kepit be thrie severall persones to be chosin yeirlie at the feist
of Michaelmas be consent of the brether of Gild, off the qlk thrie persones,
they ordane the Thesaurer of this burt for the tyme ever to be ane, and the
uther twa persones to be of the Merchand estate ; and to this effect nominat
David Fergusson and Robert Leyl to be keparis of twa of the said thrie keyis
quhill the feist off Michaelmas in the yeir of God one thousund sex hundret and
ane yeirs, sua that the Dean of Gild quha is kepar of the Box sall nowayes have
the keping off ony of the keyis y'off. [ ! ] Folowis the particularis and acci-
dentis devysit to be input in the said Box.
" In the first, all merchands passand to their voyages furth of Scotland to ony
forane countrie, at the electioun of thair foud or Institor, in thair voyages furth
and hame, the foud * and his clerk that vayage sal be anserabill to the said
Box Of all unlawis and convictionis of merchands, for swearing, banning, or
tacking the Lord's name in vane, all unlawis incurrit be the saids merchands for
pleying, mispersoning, injuring, or bludeuit betwixt merchand and merchand
in their said vayages ather be land or by sey : The almess collectit ilk day or
ilk second or third day in the sey efter goddis service and ordinar prayeris in
the morning : All sowmes of money promesit and conditioned to the pure in
tymes of distres and stormes of wether in perell and danger of thair lyves be the
merchands : Everie merchand or sa mony of ane schippis merchands as waschis
thair heidis in France, Flanderis, Dansik, or other cuntries, to giff and collect
to the said box to the honor of God and thair puir and nedie brethrene, and to
thair wiffis and bairnis left in povertie and distres.
Everie persoun admittit frie Burges of Gild of this said brught the tyme of
his admissioun, shall pay to the said Box sex sh. viij . d., and furder as they sal
be movit to giff.
Everie goddis pennie gevin betwixt merchand and merchand at the mack-
ing of any blok or bargane, being endit, and also all goddis pennis gevin at the
frauchting of schippis, sal be gevin into the said Box.

Perhaps the supercargo. In Jamieson's Dictionary it is said, " the Great

Foud was the name given to the President of the Supreme Court formerly
held in Orkney ; little Fouds were under sherriffs or bailiffs."

E 3
 36

In 1658 and 1674, the Box was in a lamentable state, as ap-

pears by the following extracts from the Guild Book. There are
similar statements almost every year during the whole of the
intervening period . After 1674 there are no more Minutes in
that book until 1696 ; and then only the names of the Magis-
trates and Council, and the Dean of Guild's Assessors are
given. The Guild Book from 1699 to 1793 is amissing. How-
ever, having the Council Records complete for that period, I
do not think that any thing of importance to the present en-
quiry would be found in it.

"8th October, 1658.—The heid Michalmes Court of the Burghe of Abd"

holdin within the laich Tollbuith of the samene, be the honorabill
men, John Jaffray, Provest, Robert Forbes, William Gray, Mr Ro-
bert Patrie, Baillies, and Gilbert Mollysoun, Deane of Gild.
" The said day, The deane of Gild did hold out to the Brethrene of gild con-
venit that the gild box wes ruinit and quyt exhaustit, and therefor desyrit that
ane fit cours micht be taikin for suplieing the said box. The haill Court and
all that wer present did unanimously condiscend and agrie that the haill breth-
rene of gild suld give quarterly ane voluntar contributione to the deane of gild
for the use of the gild box, and that the samen suld be soucht in upone the first
Tuesday of November nixt for the halarmes quarter, and so furth, yeirly and
quarterly till this present order be dischargit be comone consent and in opin
court. And in the meane tym, till the haill brethren of gild suld be fullie
aquaintit with this contribution, it wes thoucht fitt and the court appoints the
dean of gild with ane assessor to be with him to goe throw the haill brethren of
gild for getting in the said contributioun."

" 30th October, 1674.-In presens of the Provost, baillies, deane of gild,
and thesaurer of the said brugh."
" The said day the brethren of gild of the same being warint to convein
within the lach tolbuith y'of, be the hand bell goeing throw the streits and
lains of the toune, q'anent the bearer made faith for the effect efter specifiet,
and ane considerable number y'of being conveint representing the haill, The
Magistrats and deane of gild held out and exponit to them that the stock of the
gild box moneys of the said brut wes almost expent and exhaustit , and notwith-
standing yr predecessors by former Acts appointit ane voluntar contribution of
twelve shilling Scots money to be payit be ilk brother of gild for supplie of the
said box moneys, yit little of the same for the last or former yeirs hade been payit,
Therfor desyring the brether of gild convenit as aforsaid to fall upon some effec-
tual way for supplie of the said box in tyme comeing, and for geting payment of
the saids rests ; which the haill court and convention considering, ordains and
appoynts willinglie of yr owne consents, that each burgess of gild of this Burgh
pay in quarterly to the dean of gild twelve pennies money forsaid, towards the
 37

said supplie for this yeir till michalmes nixt, during quich tyme this act is to
continue, or longer, as shall be fund convenient and neidfull, begining the first
term's payt at mertimes next, and for the bygane rests ordains the same to be
payit in to the said deane of gild for the said effect with the said first quarter's
payment, and ordains this act to have the strenth of ane decreit that leters and
execution may be decreet y'on upon sex days.
" The said day, it being held out to the said Court and convention convenit,
as aforesaid, that in former tymes merchants at sea usit to mack offerings to-
wards the supplie of the poor, qrof at ther returns hame the twa part wes given
in be them to the deane of gild for the use of the gild box, as also that quhen
ships were boucht and sold belonging to the said brut be merchants y'of, ther
was fyve of the thousand of the ships pryce payit be the buyer to the deane of
gild, comonlie callit ane gold-penny, both qeh particulars hade bene much thes
seaverall years bygone neglectit and slichtit to the great prejudice of the said
box moneys, therfor desyring that the same micht be yit observit be all con-
cernit for bygans and in tyme comeing ; Which the haill convention considering,
condiscend and agrie thereto, and that the same be done and observit as is above
writin."

Among other contrivances for the relief of the necessitous a

charity box was placed in the Custom-house ; it was opened
yearly, and the contents counted in presence of the assembled
Gild.
The entry monies and casual payments or contributions
appear, after careful examination of the Accounts, not to have
been, (without the revenue from Mortifications, ) ordinarily
equal to the payments made to decayed Burgesses, and they
fell very far short from 1670 to 1736. Within a period of
thirty years, from about 1680 to 1710, above 9000 L. Scots
were mortified to the Gild Box, a sum very considerable for
those days. The whole, therefore, of the capital which was
invested in the purchase of the lands of Skene in 1710 and
1712, on account of the Gild Box, was the monies mortified
to this fund, and many of those mortifications are specified to
be placed in the hands of the Magistrates and Town Council.
From 1736, the entry-money of 5s. in use to be paid to the
Guild Box ceased entirely, and what is called the Addi-
tional Fund was established. By this time the gold-pen-
nies, and other such payments, which had at all times been-
uncertain, were few and far between, and at length ceased
entirely.
 38

The following is a Statement of Gild Box Account at

Michaelmas, 1736, the year before the Additional Fund was
established.

GUILD BOX.- MICHAELMAS, 1736.

REVENUE.
Proportion of Rents of Skene, L. Scots 625 17 1
Entering Burgesses,-11 @ 3 L. each, 33 0 0
Gold-pennies, &c., 64 10 0
Apprentices, • 13 6 8

736 13 9
EXPENDITURE.
Paid Annuitants, 740 13 4
Do. Do. on Alex. Pyper's Mortification,
annexed to Guild Box, • 40 0 0
Do. Do. Thos. Burnett's Mortification, do. 100 0 0
880 13 4

Super Expenditure, 143 19 7

NOTE. After 1736, the Entry Monies, &c. to the Guild Box were discon-
tinued, and £2 2s. for each Entrant put to the Additional Fund.

The funds of the Guild Box had been so reduced, that for
nine years, from 1683 to 1692, no supplies were paid to decayed
Brethren, except to the amount of 150 to 180 L. Scots, out
of the Mortifications belonging to the Box which had special
destinations. Previous to that time the yearly payments
amounted to from 600 to 800 L. more, which, being greatly
beyond the income from entry monies and other contributions,
brought matters to a close, and some time was required to
stock up again, in order to renew the customary payments to
about the usual number. At last, in 1736-7, the Additional
Fund was established , to make better provision for the needy
Brethren, on the following basis :

ADDITIONAL FUND TO THE GUILD BOX.

" 1st February, 1737.- In presence of the Provost, Baillies, Old and New
Councils of the Burgh of Aberdeen.
" The said day, the Provost having laid before them an Act of the Dean of
Gild Court of this Burgh, and an Act of the Town Council of the same Burgh
relative thereto, the tenor of which Act of Council follows :-At Aberdeen
 39

the second day of December, One Thousand Seven Hundred and Thirty-six
years, In presence of the Provost, Baillies, and Council of Aberdeen, The
Dean of Gild having laid before them an Act of the Dean of Gild Court, of
date the Eighteenth day of November, One Thousand Seven Hundred and
thirty-six, narrating, That he and his Assessors, reconsidering the import of an
Act of their Court, bearing date the nineteenth day of February, One Thou-
sand Seven Hundred and Thirty-six years, anent raising an Additional Fund
for supporting poor decayed Brethren of Gild of this Burgh ( who are not
Honorary or Gratis Burgesses, ) and their Widows and Daughters, by way of
contribution, conform to the antient practice of the Burgh, which hath not as
yet taken effect ; and considering how laudable such a pious and charitable
design is to society, and how necessary and useful it will be to the Gildry,
the said Dean of Gild Court unanimously resolved to use all possible endea-
vours to effectuate the same ; and for that end, as the Dean of Gild and As-
sessors had agreed to the following resolutions and proposals, so they, with
submission, offer the same to the Provost, Baillies, and Town Council of the
said Burgh of Aberdeen for their concurrence therein, and interposing their
authority thereto, viz. :-Primo, That each Burgess of Guild already admitted,
compositione vel jure, who now is or shall be in a condition to bear and pay
scot and lot, and public burdens within this Burgh, shall pay, quarterly, one
shilling sterling, being four shillings sterling per annum, during life ; at least so
long as he shall be in a condition to pay publick Burdens within this Burgh, to
be collected and levied in manner following, viz.:-That the Dean of Gild
name yearly four of his Assessors, for the four several quarters of the town,
who are to collect the said quarterly contributions, conform to lists to be given
them of the Burghers, and pay in the same to the Dean of Gild, for the time,
to be stocked twice in the year, and laid out upon Interest for the purposes
above and aftermentioned : Or if any Burgess already admitted shall rather in-
cline to pay in to the Dean of Guild the sum of Twelve Pounds, twelve shil-
lings, Scots money, against Whitsunday next, which is computed to be equal
to a liferent contribution, then he is to be matriculate in a book or record to
be kept for that purpose, and to be free of the annual contribution above men-
tioned, and he and his wife and daughters are to be entitled to the benefit
of this fund.* Secundo, That the Dean of Gild keep a particular book and
record for all contributors, and that this fund be a special charge when he
clears his annual publick accompts, and such as refuse or neglect to contribute
during the time foresaid, are to have no benefit from this Fund. Tertio, That,
in order to make this fund the more effectual for the future, it may be enacted
by the Town Council, that all entering Burgesses, compositione, shall at their
admission pay instantly each of them to the Dean of Gild, for the time, the
sum of Two Guineas, and each entering Burgess, jure, One Guinea, in place

* All the Burgesses who joined in contributing to this Fund at its com-
mencement, paid the £1 1s. ( 12 L. 12s. Scots) at once, instead of the quarterly
payments.
 40

of the three Pounds Scots, (which Burghers have been in use to pay, at their
admission, to the poor,) which is computed to be equal to a liferent contribu-
tion for behoof of the said fund, and that over and above the usual composi-
tion and other dues. And in respect that several Burghers' Children are en-
tered jure paternitatis, when they are children and not of age, the said sum is
not to be demanded of them until they come of age, and do business for them-
selves in the town ; but if they refuse to pay the said one Guinea, when they
come of age, and be called by the Dean of Guild for that effect, then they shall
lose the benefit of their entry as Burghers, which they got from the Council
in their infancy, and their Burgher Acts, at their admission, shall be qualified
as follows, viz.: with this express condition and provision, That how soon the
persons admitted attain the age of twenty-one years compleat, and the Dean
of Gild Court shall find them in a capacity, they are and shall be, by their ac-
ceptation hereof, bound and obliged to satisfie and pay to the Dean of Gild, for
the time, One Guinea, for the behoof of the said Gild Box : or otherwise that
they shall lose the Benefit of this Burgess Act, and all title and advantage
competent to them thereby. Quarto, That the contributors and their widows
and daughters, who have behaved themselves well, and are past forty years
of age, and none others, shall be entitled to the benefit of this Fund, when
their circumstances call for it, upon a recommendation to the Council from the
Dean of Gild Court, and that over and above what other pension they may be
entituled to from Mortifications and other Funds belonging to the Dean of Gild
Box. Quinto, That, in order to ascertain the deficients, there be a roll of
their names made up yearly before Michaelmas, which is to be considered by
the Dean of Gild Court, (who are to be sole judges of their circumstances, )
and if the Court finds that they are become depauperate, and not able to pay
their quarterly pennies, then they are to be thereafter excused from further
payments, and yet nevertheless to have the benefit of this present Fund. But
if the Court shall find that such deficients are in condition to continue in pay-
ment of their quarterly pennies, then, and in that case, they, their widows
and daughters, shall be debarred and excluded from all manner of benefit they
may claim from this present fund, unless such deficients shall afterwards apply
to the Dean of Guild Court, and be reponed upon payment of all arrears, with
what more the Court shall think proper, on account of the deficiency. Sexto,
That for preserving an equality, as far as possible, betwixt the contributors
and those who never contributed to this pious and charitable fund, with re-
spect to the other Funds of Charity and particular Mortifications belonging to
the Dean of Gild Box, and for the further encouragement of this pious design
and the contributors thereto, That it be enacted and declared, that the
Burghers who are contributors, and the widows and daughters of the con-
tributors, may not only have a right to the present funds of the Gild Box,
but also may be particularly regarded as to an allowance out of the interest of
the present fund. Septimo, That the charity to be given yearly out of this
present fund, shall never exceed the annual rent of the stock, and not at all
to break in upon the annual contributions or payments to be made in conse-
 41

quence of this present Act, which are to be stocked twice in the year, as said
is, so as to make a perpetual growing fund. And, Lastly, That no gratis or
honorary Burgess, nor his Widow nor Daughters, shall be capable of enjoying
any manner of benefit by this fund or the other funds of the Gildry, unless
he enter and be admitted compositione vel jure, and then contribute according
to the rules above mentioned. And for rendering this pious and charitable
purpose and resolution the more effectual, it is recommended to have the same
enforced by an Act of double Council, and that the same may be printed, and
a copy given to each contributor.
" The said Provost, Baillies, and Council having heard, seen, and considered
the foresaid Act of the Dean of Gild Court, and being at length ripely and
well advised therewith, find the same is a laudable, pious, and charitable de-
sign, and therefore they unanimously ratify, homologate, and approve of the
same, and enact and declare, That all entering Burgesses compositione shall,
at their admission, pay instantly, each of them, to the Dean of Guild, for
the time, Two Guineas, being Two Pounds two shillings sterling money,
and each Burgess entering jure One Guinea, being One Pound one shilling
sterling, in place of the Three Pounds Scots, which Burghers have been in
use to pay to the poor at their admission : and which respective payments
are to be over and above the usual compositions and other dues payable
at admissions of Burghers. And farther they enact and declare, that when
Burghers ' children are entered jure paternitatis before they be of age, the fore-
said one guinea of contribution is not to be demanded of them ; but their
Burgher Acts shall bear the following clause, viz.- with this express condition
and provision, that how soon the persons admitted attain the age of twenty-
one years compleat, and the Dean of Guild Court shall find them in a capacity,
they are and shall be, by their acceptation hereof, bound and obliged to satisfy
and pay to the Dean of Guild for the time, one guinea, for behoof of the Guild
Box ; or otherwise that they shall lose the benefit of this Burgess Act, and all
title and advantage competent to them thereby. And sicklike, the said Pro-
vost, Baillies, and Council enact and declare, that the foresaid contributions shall
be levied, stocked, and applied, perpetually in all time coming, in manner and con-
form to the order and rules set down in the Act of the Dean of Guild Court above
exprest ; and that no gratis nor honorary Burgess, nor his widow or daughters,
shall be capable of enjoying any manner of benefit by this fund, or the other
funds of the Gildry, unless he enter and be admitted compositione, and pay his
contribution conform to rules above mentioned. And they appoint this present
Act to commence, and to be in full force and effect, from and after the day and
date of thir presents ; and recommend to the Provost to lay this Act before the
first Double Council, for their confirmation and approbation hereof, and interpon-
ing their authority hereto.
" The saids Provost, Baillies, old and new Councils, having heard and con-
sidered the above-mentioned Acts of the Dean of Gild Court, and Town
Council of this Burgh, find the same to be a laudable, pious, and charitable de-
sign, and therefore they unanimously ratify, homologate, and confirm the said
F
 42

two Acts of the Dean of Gild Court and Town Council of this Burgh, in the
haill heads, clauses, articles, and conditions thereof, and interpone their autho-
rity thereto."

In the Table, (page 19, ) the changes which have been made
in the amount of that part of the entry-monies appropriated to
this Fund, are detailed . Instead of £2 2s. , as at first, the
sum has latterly been £17, and the capital of this Fund is
now about £11,500 .

wwwwwwwww..

ARMS-MONEY.

The origin of Arms-Money Fund is thus narrated :

"29th November, 1676.—The said day the Council, for good considerations
moveing them, ordaines and appoynts, that in tyme comeing the muskets and
bandileirs given in be entrants craving the libertie of Burgess of Gild, and the
picks usuallie given in be entrants craveing the libertie of being Traidsmen, at
the tyme of yr respective admissions, shall be convertit in monie, at the pryces
underwritine, and that the same be payit at the time of ther admissions, and
keepit in ane accompt be itselfe, and made furthcumand for buying of armes for
the public use of the toune as shall be fund neidfull. And ordains and appoynts
that the pryce of the musket and bandileir be ten merks money, and the pryce
of the pick thrie punds money, which is to be instantlie payit as aforsd. Onlie,
it is heirby provydit and declarit, that any of the foresaid respective entrants
that shall, at the tyme of yr admissions, give in to the Dean of Gild suffi-
cient musket, bandileir, and pick for their respective couternments, that the
same shall be acceptit from them, and they not obliged to pay the forsaid rates
in cace forsaid."

The charges which were defrayed out of this Account,

extending over the period from 1689 to 1749, were all for
munitions of war, twelve great cannon , great quantities of
powder and ball, firelocks, repairing the block-house, and so
forth. These expenses were so considerable, that Arms- Money
was in debt in 1704, and continued so till 1709. In 1740, there
appears a large purchase of firelocks for the use of the town.
In 1744, we got six cannon more, and in 1746, there were
various expenses about town's volunteers, and for powder, & c.
&c. The same power which gave beginning to this Fund for
the purchase of Arms, authorized a change in its destination.
Accordingly, in 1750, an addition to the Town House, which
 43

cost a considerable sum, came against this Account, and since

that time, other charges of repairs and additions have been
paid out of it- the paving of the street opposite the town
house, the plainstones, &c. The stock of Arms-Money in 1760
after these expenses, was but £50 : now it is £500,—a sum,
as I apprehend, at the command of the Town Council, to ad-
minister to the military ardour of the citizens on any proper
occasion, or to be applied by them in any other way that may
be thought beneficial to the community.
For the sums put to this account for each entrant Burgess,
see Tables, pages 19-20.

COMMISSIONERS OF INFEFTMENTS' FUND .

The Commissioners of Infeftments' Fund is explained by

the following Minute in 1671. This is an account which
is quite out of place, classed under Guildry, although the
Council ordered it to be joined to the Dean of Guild's accounts ;
for the feasts were held at the signing of charters on properties
belonging to the town's Treasurer, and the Dean of Guild has
nothing whatever to do with it, except, perhaps, as hereditary
Master of the Revels,-in which capacity, I presume, he in-
herits a position at the Council Board , vis-a-vis the Provost.
The Commissioners of Infeftments are ten of the Magistrates
and Council, appointed to sign charters ; an important affair
-being always the first piece of business of the first meet-
ing of new Magistrates, brought before them by the Town
Clerk.
For about thirty years past there has not been demanded
any payment for feasts from entrant vassals.
The Infeftments Fund has not paid much for feasting. It
had a considerable share in building an addition to the Town-
House, and on that account the rent of the shop under the
Council Chamber is made to pass through it. In 1749 it bore
the expense of repairing the English School in Drum's-Lane,
and various sums have been brought against it for widening
streets, repairing roads, &c. It also was quite exhausted in 1760.
F2
 44

" 26th September, 1671.- The said day the Councell, considering that ther
predecessors were in use, at the entrie of yr vassals to waters or land holdin feu
of the Provost, Baillies, and Councell of this brughe, to receive from the said
entrant ane feast or intertainment, which, albeit, was the duty of the entrant,
and always heirtofoir practised past all memorie of man, ( yet the same, thorrow
the great desyre and intentione of the vassals, and no ways profitable to any
good public comone use which the samen might have been applyit to ; ) therfor
the Councell, with advyce and consent of the Comrs of Infeftments for the tyme,
statuts, inacts, and ordains that, in all tyme comeing, all feasts and intertainments
before comonlie useit to be made be the vassalls to the superiors at ther entrie
to ther fishings or land, sall be, by the saids Com's of Infeftments and yr suc
cessors, convertit in money, payable be the said entrant, as the saids Comrs sall
think expedient, according to the value of the stock and rent of the fishing and
land they sould be enterit unto ; and the said composition of money to be
applyit be the said Comrs to any publick use of the said burghe as they sall
find expedient, and no otherways. And the same to be ajoyntit to the Dean
of Gild, his accompts, in ane compt by themselves, and to be yeirlie fittet by
the auditors of the towns accompts, or Com's of Infeftments themselves, as
they sall think fitt."

COCHRANE'S MORTIFICATION. CRUICK-

SHANK'S MORTIFICATION .

These Mortifications, which are stated separately, and others

also which have been placed to Guild Box Account, are ap-
pointed by their founders to be under the control of the Ma-
gistrates and Council ; they therefore require no further notice
here. The circumstance now mentioned affords grounds for
thinking that the Guildry, at the respective dates of these
Mortifications, was not a separate independent body.

DEAN OF GUILD'S CASUALTIES.

The articles of revenue under this head, have from the ear-
liest period, been a branch of the Common-Good . From a re-
view of the duties which in early times were attached to the
office of Dean of Guild , it appears to me that he was employed
entirely under delegation from the Town Council, in putting
 45

in force the laws of the burgh ; and in corroboration of that

view of the matter, it appears that he was paid for his trouble,
and fined if he neglected his duty. Acting with ample powers,
his name became a terror to evil doers, and the laws which he
enforced came gradually to be looked upon as emanating from
his own proper authority.
In 1592, there is an Act of Council, whereby the Dean of
Guild was installed Common Procurator for Burgesses and
Craftsmen " ever hierafter," an office which, it is at the same
time said, he had occupied " in all ages past !" It was thus
his duty to prosecute all delinquencies committed in the burgh ;
he recovered the fines, and rendered them up to the Magis-
trates in his accounts. * The honour of being public Prosecu-
tor was continued to the Dean of Guild till about 1760, when
a regular Procurator Fiscal was appointed. That being part
of his duty, serves to explain very satisfactorily why, under
the head Guildry, the Casualties Account is to be found ; an
account admitted, luckily by every body, to be common-good.
The Provost, as I mentioned before, had at first the
whole charge of the income and expenditure of the town.
We find that, in 1437,† his accounts for the four years
preceding were minutely examined by auditors appointed by
the Council, and several articles in them were disallowed ; and
upon that occasion some new regulations were made with a

* The Bailies were amenable to a higher tribunal, and they also were to be
fined for negligence in their office. The fines of the Dean of Guild went to the
town, those of the Bailies to the King, as we perceive by the following excerpt
from some Statutes (regulating the town's market, and the trades of bakers,
brewers, fleshers, salmon-fishers, &c. ) enacted at the Chamberlain Ayer, or
Court held in Aberdeen, by " The King's Chamberlayn, the Alderman, the
Baillies, and the Counsal of the burgh of Aberdeen.”
February, 1434, " And quhar the Baillies gerrs nocht the poynts beforesaid
be kepit, and beis negligent in the execution hereof and punyss nocht trespas-
sours as is beforesaid, ye Baillies being tayntit yairupon, yai sal be ordainit to
ye King's Session (and ilk ane of ye Baillies be yaimself) in ten pounds to the
Kyng but remyssion."
NOTE. -The Chamberlain of Scotland was an officer having supreme jurisdic-
tion, who held Circuit Courts, and judged all matters relating to the pub-
lic police and government within burgh, according to the Statutes.
It is that year a Dean of Guild is first mentioned.
 46

view to ensure more correctness for the future. * The items

comprehended in the Provost's accounts are precisely such as
in the Dean of Guild's for 1453, (Appendix, No. III .)
As the affairs of the town increased, the charge of different
departments was entrusted to different individuals of the Town
Council. First, after the Dean of Guild, the Master of Kirk-
Work was appointed, to whose duties the Bridge-Work was
afterwards added ; then the Treasurer ; next a Master of Im-
post or Shore-Work, who was called also the Water Bailie ;
next came the Master of Guild Brethren's Hospital, and the
Master of Mortifications.
The charter of Confirmation and Novodamus of Charles I.,
1638, to the Burgh of Aberdeen, (ratified by Act of Parlia
ment, 1641 , and subsequently, ) defines the property and pri-
vileges of the burgh, and the powers of its Magistrates in full
form . For infringements of their statutes, power is given to
levy fines to the common use, and for the support of the com-
mon affairs and works of the burgh. There is also authority
in it for " holding and having a Merchant Guildry and Guild
Courts." Our Guild Court had been established in 1609.
The whole document well merits attention in any question as to
the powers of the Magistrates and Town Council ; it forms
No. IV. of the Appendix.
The income to Casualties Account, (the title of which
from the earliest period was the same as now,) has always been
the ordinary entry-money of Burgesses, or such part of it
as those in authority saw fit so to appropriate, and the
fines levied on unfreemen, or other persons for infringing the
laws of the burgh ; †-the expenditure has been for any

* The provost accounts for the entry-money of sixteen Burgesses in one year,
mostly Brethren of Guild. The sums they paid were very various,―L.5 scots,
L.4, L.2, L. 13s. 4d. , L.1 6s. 8d., and down to 5s. scots, for Burgesses of
Guild -20s., 13s. 4d. , and 6s. Sd., Simple Burgesses.
† As some clue to the nature and duties of the office of Dean of Guild, the
title of the first of his ancient regular accounts extant, is here given : the pre-
vious single one of 1453 forms Appendix, No. III.
" Compt of David Mar, Dean of Gild of the towne of Aberdene of his in-
 47

general purpose, -in short, the levying and expending of the

money on this Account has been in terms of the Act, Jas. IV. ,
1503, (quoted page 18, ) " the proffeit tane for the making
of ilk Burgess or Gild Brether put to the common gude and
warit on the common warkis." For a long series of years the
income to Casualties Account was more than expended , and the
deficiencies made up from the Treasurer's Funds. The sum
of these deficiences would be very considerable, but this mat-
ter needs no investigation ; and referring generally to this Re-
port passim, and to the following Act of Council, the Casual-
ties Account may be now dismissed.

" 17th Jan. 1592.- The said day, anent the desyre of the communitie, Bur-
gesses, and Craftsmen craving licence to elect and cheise common Procurators, ane
or ma for thame, to procure befor the Provost, Baillies, and Counsal, in all thair
commen causses, and to giff in and present to thame their desyres, petitions, and
articles concerning the samen, quha suld have place to procure for thame in all
thair actionns ; for ansr thereto, the Provost, Baillies, and Counsall, advysitlee
considdering the said desyre, ffand and votit that the Deane of Gild of this Burgh,
in all ages past, hes had the place of the town's commen Pro'., and that to pro-
cure in all the town's common actions, it is the cheafe pairt of his office—all
actions concerning the commen weill of this Burgh being at his instance inten-
tet and persewet. And theirfor ordainit that the present Dean of Gild, and
sic as sal be chosen Deans of Gild of this Burgh heirafter, sall ever occupy
the place of the common Procurator for this Burgh ; quha sall diligently,
without intermission, persew all the actions concerning the weill of this Brughe.
And to fortifie and assist him in the persuit theirof, sall have libertie to cheis
Pror. or Prors., ane or ma, men ofjudgment on the town's charges, to prosecute
and follow out all the actions and causses concerning the weill of the town ; and

tromissiouns with the town's commone guid baith proportie, casualties, and
doubel feus of entrants sen his entrie to the sd office qulk was at Mich³ 1548
to Michaelmas, 1551."
His accounts are audited by persons chosen by " the haill towne,"
and their correctness testified in a long docquet. Only two or three of the
auditors could sign their names, the others had the pen led by a notary. In
1587, the auditors, after specifying the balance, mention that there is to be
allowed the Compter so much more " for wine to the auditors this day at sign-
ing the accounts." In the oldest account, 1453, we can see that wine was
liberally used then on almost all occasions.
 48

that he sall receive information and instructiones thereanent, be quhatsomer in-

habitants of this Burgh, ane or ma ; and according to the information that sal be
giffin him sall open and utter the same to the Provost, Baillies, and Counsall,
and crave their ansrs and conclusion thereupon ; and that all and sundrie billes,
articles, supplications, and desyres that sall be giffin heireafter to the Provost,
Baillies, and Counsall, concerning the comman affaires of this Burgh, publick
actions of the same, making of ordinances and statuts for the comman weill
thereof, sall be presentit be the Dean of Gild, and be na uthers. Quhairanent
the Dean of Guild sall be holden to crave the Provost, Baillies, and Counsal's
ans and determination." *

There now remain to be explained Guild Brethren's Hos-

pital, Lands of Skene, and Guild Wine Account.

GUILD BRETHREN'S HOSPITAL

Has never been under the Dean of Guild, nor have the Burgesses,
as a body, ever contributed to it ; but on the part of the Bre-
thren of Guild, I took the first opportunity to lay claim to all
those funds to which I might, upon investigation, expect to es-
tablish some pretension . There has long been an office-bearer in
the Council, called Master of Hospital, under whose charge vari-
ous other Accounts have appeared along with this one. The in-
stitution was originally called St. Thomas' Hospital, it was found-
ed by John Clatt, a canon of the Cathedral of Aberdeen and of
Brechin, for the reception and maintenance of indigent persons.
By the charter of foundation, 1459, he granted certain of his
lands and tenements in Aberdeen for erecting the Hospital, in
honour of God, the blessed Virgin Mary, and all saints, and "
particularly for the honour of St. Thomas the Martyr, and ap-
pointed Mr. John Chawmer to be master and rector : after his
and the founder's death, the patronage of the institution to de-

* The petition or desire of the community is refused, as I understand the

Minute, and the Deans of Guild, whom the Council chose, are more distinctly
fixed in the possession of the office of Town's Common Procurator.
 49

volve upon the Provost and community of Aberdeen for ever.

The founder also endowed the hospital with two small Annuities,
—one of six merks for celebrating masses for the salvation of his
own soul, for the souls of James II . and Alexander Earl of
Mar, and those of his own father and mother, and all the faithful
departed. As the other funds of the hospital arose solely from
Mortifications by Guild Brethren, for the support of decayed
Burgesses, it came to be called Guild Brethren's Hospital. *
About seventy years ago the house was shut up, there being
then but one inmate. The benefit of this fund having long
been bestowed upon indigent Burgesses and their relatives, the
Magistrates have already thought proper to make over the
revenue arising upon it, in the temporary arrangement be-
tween them and the Guildry. † It was devoted to Guild
Brethren two hundred years ago at least. The statement in the
first of the following Minutes is not borne out by the original
deed of foundation ; but it was about this time that the mer-
chants had the power, and lost no opportunity to shew favour
to their own class ; and yet the condition at the end of the
Minute is fair enough.

" 1st March, 1609.- The said day, the Provost, Baillies, new and auld
Counsellis, considdering that diverss personis hes bene admittit and ressived to
ye hospitall of yis burghe in tymes bygane, quha hes not bene Burgess of
Gild y'of, expres agains ye terms of ye foundatioun of ye hospitall- be ye
qlk it is specialie provydit that nane suld be admittit y'to except decayit Brether
of Gild of yis burghe allenerlie : Thairfor, to avoid the said abuse heirefter,
and in respect that the rent of ye said hospitall is givin and mortefeit y'to
be ye Brether of Gild of yis burghe, and be nane uthers, they have statute
and ordanit that nane sal be admittit nor ressived to ye said hospitall, in tyme
cuming, unles that they be Burgess of Gild of yis burghe, according to ye
tennir of ye foundatioun y'of. Secluding heirby all Craftsmen of yis burt,
extranearis or utheris quhatsumever, fra halding ony place in the said hospital

* The last Mortification which I observe to have been made to it, is in 1718,
by Thomas Mitchell, Provost, of " 1000 merks, to the Master of Guild Breth-
ren's Hospital, for the use of the Beadsmen."
In Guild Brethren's Hospital Account for 1727, there is a payment to
James Still, in respect the payments of the Guild Box are exhausted.
G
 50

in tyme cuming, except Burgesses of Gild allenerlie ; unless ye foundatioun y'of

be alterit, and that levingis be doitit and mortifeit yrto be Craftsmen."

"9th March, 1631. *-The said day, the Provost, Baillies, new and auld
Counsals, haveand considderation that the Hospital of this Burghe, quhilk was
fundat of auld in the yeire of God, 1459, be umq¹ Mr John Clatt, Channon of
Abd", who, in his time fundat the house quhilk is the Hospital-togedder with
ane annual rent of four punds money, out of mondynes within the Shereffdom of
Kincardyn, and some ruddes in the town of Kintoir,† for maintenance of an
Chaplain to serve in the said Hospital—is now of lait, within these three yeires
bygane, not only repairit and enlairged in the edifice thereof, both in lenth and
highth, and made meikle mair commodious and easefull for bedalles than it was
abefoir, bot likeways there were mortified and given thairunto, be the liberalitie
and charitie of Gild Burgesses of this Burgh, dyverse sums of money, quilk now,
be the cairfull oversight and managing of the Magistrates and Counsal of this
Burghe for the time, is increased and come to such growth, that the annual
rent thairof will intertaine some fyve or six honest decayit Brethren of Guild of
this Burgh in meat and clothing, after a decent and comelie forme ; and since,
(praised be God,) the rent of the mortifeit monies to the said Hospital is growne
to such perfectione be the liberalitie and charitie of merchandis Gild Burgesses
of this Burghe; they find that nane suld enjoy the benefete, nor be admitted nor
placed in the said hospital, except onlie decayed Brethren of Gild of this
burghe ; as lykeways they find that those quha are alreadie admittit, and such as
sal be admittit in the said hospital heirafter suld have competent provision and
allowance for their honest intertaynement in meat and clothing in all time
cuming, that they be not burdenable or chargeable to any ; and for this effect
having convenit dyverse of the Gild Brethren of this burghe wha had friely
given and mortifiet of thair meanes to the said hospital, and having cravit thair
advyse anent the ordinarie allowance and intertaynment that suld be given to
the beddales of the said hospital ; after mature deliberation and advysement,
the saidis new and auld Counsellis, be advyse foresaid, appoints, ordains, and
allowis to every bedal within the said hospital alreadie admittit and that sal

• A few years after this the following regulation was put in force and personз
who were admitted to the benefit of the hospital made regular conveyance to
it of all their property.
8th October, 1634.—" The said day it was statut and ordained be the Pro-
vost, Baillies, and Council, that when any Bedall shall happen to be admitted
within the Gild Brethren's Hospital of this burgh in time coming, the Act of
their admission shall bear all and whatsomever gudes, gear, sums of money,
or any other thing appertaining to him the time of his decease, or that he hap-
pen to succeed to, any manner of way, sall properly belong to the said Hos-
pital in all time thereafter."
These roods in Kintore were afterwards sold to Earl Marischal.
 51

happen to be admittit within the samen heirafter be the Magistrates and Coun-
cell of this burghe for the time, the sume of ane hundred punds Scottis money
yeirlie, for their mantainance and provisione to be payit to everie ane of them
monthlie out of the reddiest of the rents of the said hospital, be the maister
thairof for the time, extending ilk month to the sume of aucht pundis six shil-
lings aucht pennies : the first month's payment beginnand upon the first day of
April next to cum, and so forth, to be payit proportionallie ilk month in all
time cuming; as lykeways by and attour thair ordinar allowance foresd for thair
alimentar charges, the saidis new and auld Councellis appoints and ordaines that
thair sal be gownes, sarkes, hose, and shoes furneist to everie ane of the said
beddales, as thair necessetie sall require, be the sicht and discrectioun of the
Counsall of this burghe for the time ; and in lyk manner they declair and or-
daine, that the colour of thair gownes and habet sal be sadtannie in all time
coming, and appointis and ordains twa hundred loads of peitis to be
yeirlie given and laid in to thaim be the Maister of the said hospital for
the time : Likeas, they appoint Paull Ingles, present Maister of the said
hospital, to give and furnish to them six plattes, six trinshewrs, six ser-
vietes, twa pottis, twa pannis, ane speet, ane pair of rax, ane cruik, ane
tanges, and ane laddel ; as also to furnish and give gownes and clothes
to the thrie present beddales alreadie enterit in the said hospital, viz. :-James
Leslie, William Thomson, and Robert Stewart, all Gild Burgesses of this
burghe, of sadtannie of Inglis cloth or Scottis cloth, as he may most commo-
deously have the same, and quhat the said Maister of Hospital deburses thair-
upon, is ordainet to be allowet to him in his comptis,—with special alwayis
condition and provision, that the said beddales, and thair successoris, wha sall
happen to be plaicit and admitted within the said hospital at ony time heirafter,
sal be all single personnes, wanting wyffis, and that they keip thair ordinarie
dyet at bed and buird within the samen hospital, and on na wayis be fand
vaiging in the streittes, nor drinking in ale-houses or taverns, nather at passing
out of the towne to landward or elsewhere, without license of the Magistrates
of the said burghe, for the time, had and obtainit thairto ; and likewayes, that
every morning and evening they convene all togedder in thair orator, and have
thair ordenar public prayeres for the king, the kirk, and the towne of Aberdeen,
and all thair benefactores, after reiding of ane chapter in the Bible ilk morning
and evening, and that they and everie ane of thaim be present at the sermonnes
and prayeris in the kirk, baith Sabbath and week dayis, in thair ordinar seat
appointed for thame, and keip and observe the injunctions foresaidis, and all
uther injunctionis to be set down to thame heirafter be the Councell of this
burgh for the time, under the payne of deprivatione."

These Minutes show the opinion of the Town Council, at

their respective dates, as to the purposes of Guild Brethren's
Hospital. In September, 1632 , the Town contributed 1000
merks towards building the Trades ' Hospital. The petition
G2
 52

from the Trades on which the Act of Council making the

grant, proceeds, states that " poor decayed Craftsmen have
‫איי‬
no place in the Guild Brethren's Hospital.

GUILD WINE.

The origin of this Account is well explained in the following

Act of Council, the first upon the subject :

“ 23d January, 1582.—The said daye ye Counsale for ye maist pairt with-
in ye Counsel-hous being present and convenit, ordanit ye Gild wyne of all sic
personis yat sal happin to be maid frie Burgis of Gild of yis burt in tyme cum-
ing, to be convertit in silver, and na drinking of Gild Wyne frae yis to be, bot
ye soume of four poundis to be taikin of ilk persone maid Burges of Gild mair
or less, as ye Deanes of Gild happins to compone and aggrie for according to
ye facultie and puissance of ye persone maid frie Burges of Gild be ye sicht and
discretion of ye Deanes of Gild, to be convertit and applyit to ye common
weill of yis burt, mending, reforming, and repairing of ye commoun decayit
workis yairof, quhairof ye Deanes of Gild sal be haldin to gif compt yeirlie, and
yis act to induir during ye Counsales will.†

There was no account opened in consequence of this resolu-

tion, but the sum collected was placed at once to Casualties
Account- the Common Good.
The Council's will, continued so resolved for 15 years,-

• The following extracts afford two curious specimens of the management of

the Council, soon after the Hospital was founded :
“ 22d June, 1471.-The privilege and profit of making a Burgess either of
Craft or Gild, free of Wine and all other charges, is given " by the Alderman,
Baillies, and hale Counsal to Mr John Chawmers, Parson of Hoye, for the morti-
fication of the annual of Mondynes, pertaining to the hospital, and for his good
labour and thanks done and shawn by him in the said mortification." Same day,
"License granted to the said John Chalmers, Parson of Hoye, and Master
of Saint Thomas Hospital , to remain in the king's service or any other place for
five years, without any prejudice (to him or to the said hospital) to be done to
him by the Council or their successors in time to come patrons of the said
hospital, and leave granted him for the said fyve years, to depute a sufficient
Chaplain to serve the said hospital."
The entertainments were no new custom. In 1465, in some Minutes of
Admission of Burgesses, they are said to pay " ad vinum" or " in vino," 10s.
Scots, (10d. sterling.)
 53

till 1597 when, there appears another minute about Guild Wine
money, altering its destination. The Dean of Guild had super-
expended the funds in his hands that year, and I consider the
resolution to have been only an expedient to pass a justification
for a little temporary supply which was not to be got in the
regular way, to the John and George who are mentioned in the
minute. There are instances of such shifts in other accounts.

" 21st September, 1597.—The quhilk day the Provost, Baillies, and Coun-
sal ordains, that in all tyme coming the Gild Wyne silver that sall happin heir-
after to be receivit be the Dean of Gild of this burgh of the Burgesses of Gild,
to wit, ilk ane four punds for his Gild Wine, sall be employt and bestowit in all
tyme heirafter to the support of honest decayit Burgess of Gild and Merchandes
that hev bene of honest behaviour within this burgh and decayit in temporal sub-
stance be the provision of God, and to na uther use common of the town ; and
therefor ordainet the sum of four score twelff punds given up be William
Dun, present Dean of Gild of Aberdeen, to be taken out of his compts of
Deanrie of Gild bestowit upon nay uther use, nor for support of decayit Burgess,
and to this effect, remembering that George Strathachen quha bair office of
bailliery within this burgh dyvers yeires, was ane of the Counsall thereof of
sundry tymes, meritit well in this common wealth and was an honest merchand
traffiquer nou decayit in temporall substance at the plesure of God, and
that John Fergusson, elder Merchand Burgess of this burgh is decayit lykeways
at the pleasure of God in temporall substance, ordainit the said George and
John to be supportit and helpit ; and therefor ordainit the said sum of four
score twelff pounds recaivit be the said Wm. Dun for the Gild Wyne of the
Brether of Gild admittit within the yeir of his office with aucht punds thairto,
makand in the hail the sum of ane hundret punds to be given to the said
George Strathachen, and the sum of fourtie punds to be given to the said John
Fergusson to his support, and because it is understud to the Consall that the
said William Dun, Dean of Gild, is superexpendit in his comptis, and hes not
frie silver in his hands, they ordane David Fergusson, Thesaurer, to pay the
said sumes q¹k sal be allowt to him in his comptes.”

In another 15 years ( 1612) the Council's will takes another

turn ; and I prepared myself, upon a first perusal, for a new
view of the matter ; but upon continuing the investigation, I
have found no rule nor practice in confirmation of the Minute

The Guild Wine money having been at first included in the Casualties
Account, the expense of burning the witches, and hanging the pirates, (for
his pains in which affair the Dean of Guild was rewarded, ) was paid, in part,
by the Guild Wine money for the year 1597.
 54

which I am about to quote ; and it is worthy of note, that

in 1612 the Minute of 1597, ordering Guild Wine to be
appropriated to charity, appears neglected and forgotten,-
in fact it had been so. The merchants had established their
supremacy in the Council firmly, and in doing so, had in-
curred expenses, for which, and for the like occasions in future,
they bethought themselves to provide : thus,

" 30th Sept. 1612.-The quilk day, the Provost, Baillies, new and auld
Councils, remembring that the great expences and sumptuous charges qlk was
wont to be maid of wyne and spycerie for the banket to the Provost,
Baillies, Council, and ane great number of the neighbours and Gild Brether of
this Burgh be sic as were admittet Burgesses of Gild of the same immediately
after thir admission callit of auld the Gild Wyne, was within thir lait years,
after gude advysement convertit in silver, and onlie ten merks ordainet to be
payit for the samen to the Dean of Gild q'of compt was made be him yearly
with the rest of the casualties of the Deanery of Gild as ane part of the
Town's common gude, nochtwithstanding that the said Gild Wyne silver pro-
perlie belongit to the Brether of Gild of this Burgh, and nawayes to the
craftismen quha keeps their Banquett silver of all craftsmen admittet free
by them to the use of their awin crafts allenarlie, and likewise considering that
the merchands and Brether of Gild of this burgh hes had, thir diverse years
bygane, diverse actions concerning their privileges agitat before the Lords of
Council for defence and purseut whairof they have been compellet to stent and
tax themselffes to their great charges ; and to the effect, in tyme coming, they
may have some casualtie and common gude of their awin for defraying of the
charges to be bestowit upon their common affaires concerning the merchand
estait of this burgh, therefore thocht meit and expedient that in all tyme heir-
after the Gild Wyne silver of all Burgess' sons of this burgh q¹k sall happen to
be made Burgesses of Gild of the samen, to wit, the sum of Ten Merks for ilk
Burgesses son for his Gild Wyne, togedder with the third part of the compositions
of all extraneans that sall happen to be admittit Burgesses of Gild of this Burgh
in tyme coming, sall be payit be them to the Dean of Gild for their Gild Wyne,
and the said Dean of Gild to be comptable yearly of the said Gild Wyne
Silver baith of Burgess' sons and extraneans to the Magistrates and Brether of
Gild to be bestowit and employit upon the common affairs of the Gild Brether
and Merchand Estait of this Burgh allenarlie, and to na other use, and ane
particular account to be maid yearly thereof be itself to the Brether of Gild.

But notwithstanding this minute of 1612, the first separate

Guild Wine Account was in 1616. From 1582 to that year,
the payments are all in the Casualties Account ; that is to say,
were applied at once to the Common Good. I have not seen how
 55

long the determination of the Council to appropriate Guild

Wine Silver for affairs concerning the merchant estate and to
nothing else, was adhered to, or even that it ever was act-
ed upon. Among the payments charged against Guild Wine
account, there are many about commercial matters ; but these
are intermixed with others of different kinds. For instance, in
1618, there is a payment for the right of Admiralty, the pro-
fits of which right have ever been applied to the Common
Good ; and, from time to time, various sums of Commission-
ers' expenses to Edinburgh, &c. , but there was nothing of
great amount for a long time. *
Certainly one part of the foregoing minute never was acted
upon, viz. the resolution, to appropriate to Guild Wine, the
third part of the Extraneans' Composition, for no entry of any
such appropriation is to be found ; and that is a remarkable
circumstance.
In the record of the Curia Ballivorum, 26th September, 1621 ,
held the Tuesday before the Annual election , (just the stated
day when the customary Head Courts, at which the public ac-
counts were read, have been held in our time, ) there is a short
Memorandum about Guild Wine Silver, among others about
the affairs of the various office-bearers. It is as follows :-

"Item.-It is to be remembered that there is of Gild Wine silver, frie to

the foir restand in the hands of Thomas Johnston, present Dean of Gild, the
sum of twa hundred thrie scoir twa pounds six shillings aucht pennies, quhilk
sum the said Mr Thomas is ordaynet to pay to the next intrant Dean of Gild,
to the effect the same may be employit upon profeit to the use of the Gild
Brether at Martinmas next ; by and attour the quhilk rest there is frie to the
foir of the said Gild Wine silver the sum of twa hundred punds in the hands
of John Gordon of Waternadie and his cautioner, to be payit at Martinmas
next, conform to the bond."

* The entrants are numerous, being about 565 to the year 1670, and the
stock is allowed to accumulate. It did so considerably, the rate of interest
being ten per cent., and the disbursements being comparatively trifling.
The Dean of Guild did not produce his account of the Guild Box till the
Friday after in the Curia Gildæ. I can see no trace of Guild Wine Account
having ever been laid before these Curiæ Gildæ.
 56

The following copy of the account for the next year, 1622,
(which it will be seen is submitted to the Provost and Baillies,
and audited by them), will, perhaps, suffice to show the
bearing and effect of this memorandum.

The Compt of the Gild Wyne Silver of the Gild Burgesses admittit fra
Michaelmas 1621 to Michaelmas 1622.

Entrants, & c. · L. scots 110 00

Item, restand of the Gild Wyne silver in the hands of John
Gordon of Waternadie, and William Gordon , fear of
Terpersie, conform to thair band to have bene payit at
Martemes, 1621 , · · 200 0 0
Togidder with ane yeirs annuall y'of fra Martemes, 1621 ,
to Martemes 1622, · 20 0 0
Item, restand be Mr Thomas Johnestoun, lait Dean of Gild,
at the fute of his compt of the Gild Wyne silver the yeir
bygane, 262 10 8
Togeidder with ane yeir's annuall yrof for the yeir forsaid, 26 0 0

Summa of the haill CHARGE extends to, L.618 10 8

Item.- To Mr Thomas Johnstoun and Walter Robertson,

merchand, quha wer direct commissionaris to his Majes-
ties secret counsall for the mater of the playding and for
the extraordinarie taxation for macking thair expenssis the
said commissioun, 110 0 0
Item.- To Mr Johne Mortinmer Commissionar direct to
Edinr. befoir his Majesties Privie Councell anent charge
gevin to a great number of our nichtbors for transporting
gold and silver out of the countrie, for macking his expenss, 66 13 4

Summa off the DISCHARGE extends to L.176 13 4

So restis frie to the foir of the Gild Wyne silver the soume
of, L.441 17 4

Harde, sene, and allowit be the auditors of the townes accomptis under sub-
scryband, 24th September, 1622.

(Signed)
DAVID RUTHERFURD, Provost. WM. LOWSOUN, Baillie.
J. MENZIES, Baillie. GEORGE NICOLSONE, Baillie.
A. GRAY, Baillie. ROBERT JOHNSTONE .
 57

It appears evident that the Brethren of Guild might, at

that time, have got themselves erected into an independent
Corporation ; but they neglected the opportunity. They con-
tinued to have the Dean of Guild elected as were the other
office-bearers, and to have the Assessors nominated by the
Town Council ; and the Acts of the Guild Court have required
the sanction of the Council. In other places it was not so ;
in Dundee, for instance, by the " Merchantis letter" which is
a regular contract beween the Magistrates and Council and the
Merchants of Dundee, in 1515, confirmed by Charter from the
King, in 1526, the Magistrates consented that the Guildry
should be formed into a corporation ,-that the Dean should be
elected by the majority of merchants,—and that thus elected ,
he should exercise the powers and privileges pertaining to a
Dean of Guild, according to the Guildry Statutes and the
Borough Laws, &c. (Appendix , No. V. *) There is nothing
similar in the Records of Aberdeen.
It is to be regretted that occasion was not taken to secure
the independence of the Guildry of Aberdeen at the bringing
forward of the Harbour Bill or some other such measure. A
hundred years ago the Guildry of Arbroath took advantage of
an opportunity of that kind and procured the right to elect a
Dean, &c., (Appendix, No. VI . ) ;—and in Montrose , so lately
as 1816, the Magistrates and Council entered into an agree-
ment with the Guildry there, granted them a charter, (Ap-
pendix , No. VII . ) authorising them to elect their Dean and his
Council &c. , and handed over funds to them,- (the amount,
however, was only £ 150, ) — and there are other similar cases.
I quoted already that of Glasgow.
St. Andrews has had a close resemblance to Aberdeen in the
history of its Guildry ; and the latest charter to that city (by
James VI . , 1620, ) confers the right of making Burgesses and
Guild Brethren upon the Magistrates and Town Council, ex-
pressly. Cum potestate prefatis magistratibus et consuli-
bus Sancti Andreæ, faciendi et eligendi fratres gildæ, bur-

* Where are placed Extracts from a Report, in 1815, upon the Dundee
Guildry, and some of the present Regulations of that body.
H
 58

genses, et liberos cives tam mercatorum quam omnium aliorum

generum artificium, &c."
In 1670, the Brethren here required a considerable sum to
be bestowed and employed on their common affairs, which
would have been a fitting occasion for disbursing from the
Guild Wine fund, if it had been then thought theirs ; but it will
be seen that the Council's will had taken a turn again to the
original resolution of 1582 , in which it has ever since continued.
Fully 5,000 merks were paid out of Guild Wine fund , for
the purpose specified in the following Minute of Council, but
not before the Brethren, having been convened for the busi-
ness, undertook to see to the repayment of the money,—and it
was repaid by instalments in five or six years. At this time,
when so large a sum was at Guild Wine, Guild Box was
exhausted and contributions were made by the Brethren for
its support, (see page 26,) but there was no proposal broached
by them nor by the Magistrates, to lay hands on the Wine
Account

"25th May, 1670.- The said day it being represented to the Councell be
Gilbert Black, Deane of Gild, that their being ane new book of Rates of Cus-
tomes to be concludit upon, wheranent this brughe considdering yr owine in-
terest in that affair, particularlie as to the custome of plaiding and stockinis
wherin they ware greatlie over-valued, ware useing meines for rectificatione of
the same, and wherof they had good hops, but the expences y'of wold be about
four or fyve thousand merks for which the said Deane of Gild, and others of
the Brethren of Guild, had alreadie ingadgit by their band ; therfor seing they
ware not able, having no publick stock to defray the same according to the
tyme appoyntit, except it ware by ther owine private meins, desyreing the
Councell that they would be pleasit to cause uplift alsemuch of the Gild Wyne
moneys as wold satisfie the said expences, which the Brethren of Gild sould
repay with the annual rent, from the tyme of advanceing therof. All which
the Councell considering, ordaines the said Deane of Gild to uplift alsemuch
of the stock of the said Gild Wine moneyes as will defray the said charges not
exceeding fyve thousand merkes, and recomends to the Deane of Gild to caus
conveine the brethren of Gild to the effect they may take course for refounding
of the same."

The resolutions of 1582, 1597, 1612, and 1670 , and the

memorandum of 1621 , as to the application of Guild Wine
Fund, emanated entirely from the Magistrates and Council ;
 59

and under their authority, however it may have been derived,

the Fund has been administered to our time. The Dean of
Guild declares in this Minute, that the Brethren have no public
stock of their own ; and I fear , that could we, with any plau-
sibility, found upon the one of 1612 , and the memorandum
of 1621 , a prescriptive use of more than two hundred years,
would be pleaded effectually against us.
Guild Wine has paid the cost of the Cross, —a large sub-
scription to the African Company,-Lead to the College Ob-
servatory, —mathematical instruments, -premiums for linen
cloth,—meal for the poor,-painting the High Council House,
-repairing the Tolbooth, -a Guard House, -subscription
to the poor-house for 30 years, the Town Clock, -the
South Pier, and a multitude of other charges ; in 1720,
26 ells of fine tartan, and a pair of fine stockings, to two of
the clerks of the House of Commons, for their pains anent
the Act of Parliament regarding the woollen manufacture ;
and in 1743, a black velvet suit for my Lord Provost !
When the Provost dressed in velvet, the expenditure for
wine became really remarkable, and continued at a most refresh-
ing rate. In 1746 the Duke of Cumberland got an expen-
sive entertainment and a gold box, with the freedom of the
City; in 1748, Burgomeister Elst of Campvere, came in for the
same honour ; and there is at Guild Wine a memorandum
of the visit to Scotland of King Geo . IV. In 1795 the Dean
of Guild was custodier, from London to Aberdeen, of six gold
chains which have since decorated the Bailies, Deans of Guild,
and Treasurers. *

Wine was the principal item of expenditure after 1740

until the Magistrates drew upon this account to defray the

* Mr. Thomas Bannerman was the Dean of Guild. It has been customary
to make the sons of Councillors Burgesses, the day before their fathers went
out of office. The benefit thus bestowed upon the young gentlemen has
been the saving of £2 ; one for Arms-Money, one for Guild Wine ; but they,
like other sons of Burgesses, have paid £6 to the Additional Fund, at passing"
the Council, when they became of age.
As I myself never contributed to Guild Wine, it would be with bad grace.
I should be clamorous about it.
H2
 60

municipal charges when the Treasurer's property was put

under trust : a change in the application of the fund , which
wine-merchants, of all the community, had the greatest reason
to regret. It comes into the hands of the present Town Coun-
cil from their predecessors, as applicable to the general ex-
penses of the Burgh. Till about 1817, wine and entertain-
ments just consumed its revenue. From 1700 till the Lands
of Skene were feued, the revenue was under £200 per an-
num . Had it been £500, as at present, I make no doubt
but that the whole would have been applied to the Town-
house expenses . *
If the Magistrates had imagined that by putting part of the
Burgess entry-money, to an account under the name of Guild
Wine, they thereby were placing it from under their own
command, they had only to resolve at any time to discontinue
that method, and then to appropriate the whole sum to Ca-
sualties, or to give it any other name. Various changes in
the amount raised, and in the appropriation to the charitable
and other funds, have frequently been made. (See State-
ment, page 19.)
Assuredly there has been virtue in the title Guildry ; the
stock at this Account has never been touched, and is now
about £ 11,000.

• Were the present generation of Burgesses to receive restitution of their pay-

ment to Guild Wine Account, some would have 11s. 1d., some 20s., some
40s., and less than £ 1,000 would pay all demands ; but, in fact, the pay-
ments by entrants, and the rest of the yearly revenue, have been always
consumed within the year, and it is by a fortunate investment that the capital
has risen so much.
 61

I have thus shewn the commencement, the purpose, and the

application of all the accounts under the head Guildry in the
printed Statement, except one, viz.:

THE LANDS OF SKENE.

These Lands were purchased by the Magistrates in 1710

and 1712, in nearly equal halves, with money accumulated
at various accounts under their management. A conveyance
was taken in name of the Dean of Guild, but the minutes of
Council and payments for the lands, show that the Guildry
Accounts had but a part interest in the transactions. A Minute
of Council relating to the first purchase, (which was on account
of the Bridges of Don and Dee and Guild Wine, ) is as follows :
"20th September, 1710.—The said day the Council appointed the lands of
the Half-Barony of Easter Skene, purchased by the Dean of Guild to be di-
vided among the charges following, viz . the one-half thereof to pertain to the
Gud Wine, and the other half to belong equally to the Bridges of Dee and
Don, * and that the Guild Wine shall be charged yearly with the rent of the said
haill lands, and discharged of the half thereof, as paid by him to the Bridges of
Dee and Don, and whatever loss occurs by tenants and otherwise, the same is
to be divided amongst the said three charges conform to their interests above
written in the said lands.
Before the purchase , the Stock and Revenue of Guild
Wine and Guild Box stood thus :
STOCK AND REVENUE AT MICHS 1709, IN STERLING MONEY.

Stock in Stock in Revenue

Total Stock. from these.
Money. Houses, &c.

1059 13 11 0 0 0 1059 13 11 58 5 8
Guild Box, 1954 16 10 93 15 10
Guild Wine, 1404 16 10 550 0 0
3014 10 9 152 1 6
Total, £2464 10 9 550 0 0
Interest was then 5 per cent .

The second purchase was made on account of Guild Box ,

Guild Brethren's Hospital , and the Kirk Session , each con-
tributing an equal third part of the money for that purpose.

In 1757, the Bridge of Don fund purchased the share belonging to the
Bridge of Dee.
 62

The rents were divided in these proportions, down to the pe-

riod of feuing the lands in 1788.
Previous to the feuing, there was made over to the Kirk
Session, a portion of the lands (as fixed by arbitration , ) equal to
the value of the interest of the Session in the purchase, and
conveyance was given accordingly ; and after the feuing, the
proportions in which the other funds held interest, were-Guild
Box, 2-10ths ; Guild Wine, 3-10ths ; Bridge of Don, 3-10ths ;
Guild Brethren's Hospital, 2-10ths, as they now appear in the
accounts.
From this, it is clear, that although the Dean of Guild
is infeft in these lands, he holds them only in trust for be-
hoof of the respective accounts which I have specified. The
sums which are stated to be due to Lands of Skene by the
Treasurer, turnpike roads, &c. (see Account in Appendix, No.
II., ) are the produce of the sales which have been made of
feu-duties, and of part of the lands, and might at once be di-
vided and placed to the different accounts which have an in-
terest in them ; but, as there are feu-duties, rents, and other
items of revenue still drawn, it has as yet been thought as well
to continue to keep these sums entire under the head Lands
of Skene, and annually to transfer the proper proportions of
revenue arising from the whole to the respective accounts.
Having now made an end of describing the Accounts, I give
a Table of the stock and revenue of each of them in 1833,
and, for comparison, a similar statement how they stood fifty
years ago. The interest of each Fund in Lands of Skene
Account appears from the Statement on the page following. *
I have gone over the particulars of revenue and expendi-
ture for a considerable period, but have made no classified state-
ment of them ,-conceiving that to be quite unnecessary.

* The Accounts were kept in sterling money for the first time in 1759.
Although the appointment of a regular Chamberlain took place only in
1812, the Office-bearers in the Council had ceased before that time to
intromit with the funds nominally under their charge. The accuracy and in-
telligence of the Chamberlain, Mr. Hardie, have, I hope, enabled me to supply
all the information, which the Burgesses could have wished.
 63

COMPARATIVE STATEMENT
OF
THE STOCK AND REVENUE OF THE FUNDS

Connected with the Guildry of Aberdeen in 1780 and 1833,

The Rents of the Lands being valued at 30 years ' purchase at the former
period, 25 at the latter.

Stock in Feu-
Money Stock. Duties, Land, Total Stock. Revenue.
&c.

1780.

48 25
£ S. d. £ S. d. £ S. d. £ S. d.
Casualties, £94 8s. 8d. 99 99 99 "9 99 99 99 99 99
Guild Box, 165 7 0 1950 0 0 21157 0 0 0
Additional Fund to Guild Box, 1316 9 9 99 39 99 1316 9 9 57 12 11
Guild Wine, 100 0 0 4252 0 0 4352 0 0 184 10 0
Arms Money, 143 6 8 99 99 99 143 68 690
Total in name of Dean of Guild, 1725 3 5 6202 0 07927 3 5 319 11 11
Master of Guild Brethren's Hos-
pital, 476 9 2 6476 15 0 6953 4 2 271 12 9
Total in 1780, 2201 12 712678 15 014880 77 77 591 4 8

1833.
Casualties, £212 9s. 11d. 99 99 99 99 ?? 99 99 99
Guild Box, 5393 17 8 1867 10 0 7261 8 278 14 0
Additional Fund to Guild Box , 11446 15 9 29 "9 "9 11446 15 9 451 4 0
Guild Wine, 5798 3 9 5198 5 0 10996 89 470 4 0
Arms Money, 502 4 2 99 99 502 4 2 20 0 0
39

96

In name of the Dean of Guild, 23141 1 4 7065 15 0 30206 16 4 1220 2

Guild Brethren's Hospital, 9277 4 3 3864 7 6 13141 11 513 15
Total in 1833, 32418 5 710930 2 6 43348 8 1 1733 17 6

Amount in 1833, as above, 32418 5 7 10930 2 6 43348 8 1 1733 17 6

Amount in 1780, 2201 12 7 12678 15 0 14880 7 7 591 4 8
96

Increase since 1780, 30216 13 0 "" 99 "" 28468 0 6 1142 12 10

Off-Decrease on Feu Duties, &c. 1748 12 "" "" "" "" "" 99
Nett Increase, 28468 0 6 28468 0 6 1142 12 10
36

""
 64

STATEMENT
OF THE
STOCK AND REVENUE OF LANDS OF SKENE ACCOUNT,
As at Michaelmas, 1833.

STOCK. REVENUE.

11007

10030
£ s. d. £ S. d.
Sum due by Treasurer of Aberdeen, 17330 0 693 4
99 by Kirk-Work, 150 0 0 6 0
99 by Skene Road, 664 5 33 4 3
99 by Echt Road, 500 0 25 0 0
Subscription to Echt Road, for which no Interest has
yet been received, but will ultimately become avail-

80
able, 1000 0 0 99 "" 99
Balance on last year's Account, 6 8 "9 99 99
Amount of Money, 19650 13 9 757 8 3

Feu-duties and Rents,-Crop, 1832, £544 14 3

DEDUCT
Ministers' Stipends, and other
burdens affecting the Lands, £79 14 3
Proportion of Town's Asses-
sor's Salary, · 20 0 0
Do. Chamberlain's do. 20 0 0
Do. Town-Clerk Dep. do. 1 10 0
Do. Municipal Charges, · 50 0 0
171 4 3
Free Feu-duties, &c. estimated
at 25 years' purchase, £373 10 0
9337 10 0 373 10 0
28988 3 9 1130 18 0

None of the Charitable Funds connected with the Guildry have ever been charged
with any part of the Salaries, and other Municipal expences, excepting the 4-10ths
of the above, which fall upon Guild Box and Guild Brethren's Hospital.
N.B.-The Feu-duties and Rents vary from year to year, according to the Fiars
of the County.

VALUE OF THE STOCK AND PROPERTY OF THE DIFFERENT FUNDS

IN
LANDS OF SKENE .

MONEY. FEU DUTIES, TOTAL.

&c.

£ S. d. £ S. d. £ S. d.
Guild Wine, 3-10ths, 5895 4 1 2801 5 0 8696 9 1
Guild Box, 2-10ths, 3930 2 9 1867 10 0 5797 12 9
Guild Brethren's Hospital, 2-10ths, 3930 2 9 1867 10 0 5797 12 9
Bridge of Don, 3-10ths, 5895 4 1 2801 5 0 8696 9 1
Total , 19650 13 9 9337 10 0 28988 3 9
 65

My attention has been called to an Act of Council, 30th

May, 1739, regarding the Infirmary and Work-house, which
were established together at that time, under the same manage-
ment. The Act of Council runs thus : —
" And whereas there are four considerable societies in this
burgh, who are established by law, and on whom will depend
the chief support of the house, viz.: the Town Council, the
Gild Court, the Church Session, and the Convener Court of
the Trades : Therefore, &c."
" Item, when the buildings are finished and provided as
above, the foresaid four societies, viz.: the Town Council, the
Gild Court, the Church Session, and the Convener Court, are
to become bound to pay in yearly what they can afford for sa-
tisfaction of the house, and objects to be put therein.”
I have shown that the Guild Court was established by the
Town Council ; the expression, " what they can afford,” was,
to the Guild Court, a mere figure of speech, probably to
draw forth a liberal general subscription from the Burgesses.
The Magistrates and Council gave certain mortifications for the
purposes of the Work-house and Infirmary, and the Act of
Council conveying the money, goes on to say, " As also the
Magistrates and 'Council granted warrant to and appointed the
Dean of Guild to pay out of the Guild Wine Monies, the sum
of £20 sterling for the use of the said Work-house." This
was the sum which appeared to come from the Guild Court ;
the Guild Court only chose its stated number of directors :

18th June, 1739.—" The said day, The Guild Court of Aberdeen being
convened, did, in consequence of the Act of the Town Council of this burgh,
dated the thirtieth day of May last, anent the Infirmary and Work-house, no-
minate and choose William Mowat, present Dean of Guild of Aberdeen, John
Rickart of Auchnacant, James Gordon of Banchory, and James Dyce, senior,
all merchants in Aberdeen, to be directors of the said Infirmary and Work-
house till the next election of directors."*-Extracted from the Records of
the Work-house.

* There was then much ado about little, as witness-" Minute of the Mana-
gers of the Poor-house, 25th May, 1745. Sederunt, Provost Cruden,
Preses, William Cruden, Thomas Farquharson, Alexander Thomson."
" Mary Ferguson's petition, attested by James Smith, James Alexander,
I
 66

The Treasurer's property, and not the Guild Wine Fund,

having been conveyed to Trustees in 1817, has been mentioned
as a proof that the money at Guild Wine Account was
thought not to belong to the Town. But, it is to be observed,
that the Creditors held only the Treasurer's obligations for
their claims, and, in the Trust Deed, the Treasurer's property
only is specified. The Dean of Guild was a Creditor for all
the funds under his charge. When the Magistrates and
Town Council were denuded of the property vested in the
Treasurer, they claimed a large yearly allowance from the Trus-
tees for the municipal expences ; and in doing so, proceeded,
I believe, upon what is considered to be the law in like cases.
But the Wine Fund being then at their command, settled the
question . The Trustees made no allowance, and made no de-
mand for the Fund. Matters came round sooner than was
expected, and it was somehow contrived in the Town-house,
to adjust the ways and means in the interim.
The Committee of Burgesses who made a hurried Report
upon the subject of Guildry Funds in 1817, after a two days'
examination, and during a period of great excitement, were less
acquainted with the matter than we are, and addressed their
Brethren under very different circumstances indeed ; for now
the Magistrates and Town Council are popularly elected, and
the income from the charitable funds has been placed already,

Thomas Mitchell, and William Phillip, bears, that having lived sixty years in
this burgh, and being now fourscore years of age, and her husband, James
Cruickshank, a maltman in this burgh, having died 24 years ago, and she herself
about 4 years since, having been seized with a dropsy which is now come to
such a height, that she is thereby close confined to her bed, and being rendered
absolutely incapable of doing any thing for her subsistence, and needing one to
take care of her, and having but Sixpence a month from the Kirk Session, by
no means proportion sufficient to answer her necessities, she was obliged to
apply for charity from this house. The committee admitted her at fivepence a-
week."
The opinions of eminent Counsel, given lately in the case of Edinburgh,
appear fully to confirm this ; and it is said, I think, in particular, that the
entry-monies of Burgesses cannot be attached.
 67

without any hesitation, under the Dean of Guild and Asses-

sors elected by the Brethren of Guild.
In a short time, matters will be ripe for determining on what
footing and terms Burgesses of all classes should be admitted
for the future. In the Report of the Burgh Commissioners,
we may find whether there is any likelihood of Guildries being
abolished, as some persons recommend , or whether their pri-
vileges will be abridged, by some general measure, and to what
extent. * On fair terms of admission, the Company of the Bro-
therhood may be a praiseworthy charitable institution, and
without being a hardship, a sure source of considerable re-
venue for public purposes to succeeding Magistrates, whose
authority and means to benefit the Community should assur-
edly be preserved and upheld to them .
There are other views of its usefulness upon which I need
not enter at present. The special destinations of many charities
and mortifications, for the benefit of Burgesses and their chil-
dren, would call for the Guildry being upheld as a distinctive
class in the community ; but the suggestion of erecting the Guild
Court into a Chamber of Commerce, does not appear to me to
be judicious. In the selection of Assessors, the main point
to consider will be the proper distribution of the charities.
Deliberations upon matters affecting trade and manufactures
have no relation to that, and a good choice for the one pur-
pose might be nowise proper for the other. The Chambers of
Commerce of Glasgow, Edinburgh, and Dundee, are institutions
distinct from the Merchants' Companies or Guildries of these

* Their original drift was monopoly in all things. At one time the Ovens in
town were let in tack by the Magistrates, to certain bakers whom they licensed.
The price, weight, and quality of the bread was fixed, and the tacksmen took
an oath to furnish the inhabitants accordingly. Other things were managed in
the same way. For instance, when the general excise on salt was disposed of
in the various districts of the kingdom, some two or three of the Guild were
appointed to take the tack in their own name, for behoof of the town of
course, there was no competition, and the tack was a good bargain. The duty
to the town's people could then be reduced far below what the law allowed
to be exacted ; but strangers were made to pay the full rate.
I2
 68

towns ; and so, in other places, particular qualifications are

sought for in the Office-bearers of a Chamber of Commerce.
The Charter of 1638, is explicit as to the right of superin-
tendence of the Weights and Measures of the town, (Appendix,
No. IV.) : " Give and grant full power, warrant, and liberty
to the said Provost, Bailies, and Councillors of our said Burgh
of Aberdeen, and to their successors by themselves, or by their
Dean of Guild, or any other person whom they shall nominate
and appoint, of visiting, enquiring, searching, and trying the
weights, metts, and measures, &c." Jurisdiction in this mat-
ter was given over the whole County, and has been exercised
within the last 40 years . The charter is express upon the
Markets also .
The Appendix, No. VIII . contains several documents which
need no particular notice at present, but which it may be
necessary to consult, as they have reference to the subject of
inquiry.

Thos Bannerman.

ABERDEEN, March, 1834.

 APPENDIX .

No. I.

A Summary of the Instructions to the Chinese Merchants appointed

under the seal ofthe Emperor, to traffic with the Russians at Kiackta,
the only spot onthe confines of the two Kingdoms where intercourse is
allowed to takeplace.

It sets out by stating that the aim of every nation, trading with
other countries, is to prevent the advantage being on the side of
the foreign nation. To do this the more effectually , and to esta-
blish harmony and frankness, " all the letters received by any one
of the licensed merchants from their partners are to be opened in
a public assembly, that they may act in concert against the Rus-
sians."
2. That, as the general principles of commerce require that
prices and demands should be foreseen, means must be taken to
ascertain what articles the Russians are in want of, and what
prices they fetch in Russia-what supplies they may have or ex-
pect in the market, and what value they bear in Russia.
3. Every one is, therefore, to strive with all his might to get
at this information, and lay it before a general meeting, when the
president will give to each merchant a note of the quantities of
each article, and of the prices he is to buy at, and of those articles
which he is to withhold from the Russians.
4. That the Chinese market is to be kept scantily supplied, and
Russian goods not eagerly sought, that the trade may be of impor-
tance to them, and the commerce advantageous to China.
5. That care be taken that the quantity of Chinese goods should
appear always less than that of the Russians ; and that no fresh
goods be brought into the market before all the old stock be sold off.
6. That no eagerness be shown in the purchase of Russian goods,
 70

how much soever any individual of the merchants may be in want of

them ; " for the interest of the whole company is not to be sacri-
ficed to that of an individual."
7. That when the Russians have a scanty supply of any article
that may be likely to meet with a considerable demand in China,
a great eagerness is to be shown to buy up the whole. The Rus-
sians are to be told that China is very much in want of the said
article, and one merchant is to out-bid the other, and, when bought,
they are to divide the quantity among themselves.
8. That the Russians, thus tempted by the high prices, and the
assurance given them of the great demand, will cause large sup-
plies to be brought to market, when they are to be told that the
article is no longer in request in China, &c. and thus the goods
will be obtained at a cheap rate from the foreigners, to the great
advantage of the whole nation.
9. Whenever the Russian merchants shall attempt to raise the
prices of any commodity in consequence of its scarcity, every ob-
stacle must be thrown in their way for the space of a month, and
if they will not lower their prices, the whole trade must be sus-
pended ; and if, on complaint of the merchants, the Russian go-
vernment should interfere, it will not be attended to, and the
answer will be, that the commerce between the two nations shall
cease.
10. The 10th article instructs them not only to tell the Russians
that the quantities of the several articles on hand are much less
than they really are, but that " China does not produce silk and
cotton" -an impudent falsehood.
11. The 11th article directs them to carry on all their inter-
course in the Russian language, which every one engaged in the
trade must learn, in order to prevent the Russians from feeling
the necessity of learning the Chinese language, and by that means
"of discovering the secrets of the trade, or those of the govern-
ment," by overhearing conversations, &c.
12. The 12th directs them to treat the Russians politely-per-
mits reciprocal visits, but forbids a Chinese to pass a night in a Rus-
sian house- directs that in these visits each should endeavour to
learn something about the affairs of the Russian government, and
according to the importance of the information obtained will be the
value of the reward.
13. The 13th directs, that a new merchant arriving is not to do
any business for a whole year, but merely to look on and learn
 71

the nature of the trade, " for fear he should, by some mistake,
break the thread of the whole."
14. The 14th and 15th prohibit gold and silver, manufactured
copper and iron from being exchanged, and the introduction of all
articles of luxury, of goods manufactured in China, and of wine
and spirituous liquors .
16. " The secrets of our trade in the interior, as well as of that
on the spot, must not be revealed, that this indiscretion may
not occasion a rise in their prices, and a fall in ours, and thereby
injure our empire and the trade of our subjects."
The eight remaining articles prescribe the various punishments
for disobedience of the foregoing instructions, from a reprimand
to that of death.
The 22d runs thus-" Whoever betrays to the Russians the
secrets of our commerce in the interior, or the prices of Russian
products in the interior, or the demand for them, the quantity he
holds himself, or that others hold at Kiackta, or that may be on
the road thither, shall be banished from Kiackta for ever, and
be sent to the galleys for three years ; but whosoever betrays to
them these instructions verbally, or in effect, or by deed, shall be sent
to the galleys for life."
And by the 23d- " Whoever betrays the secrets of the govern-
ment, which are not to be known by the Russians, shall be be-
headed, not, however, without the sanction of the Emperor."
We know very little of the value of the trade carried on at this
place, in this extraordinary manner. It consists chiefly in ex-
change, on the part of Russia, of fur, and various kinds of peltry,
horses, drugs, &c. for tea, silks, nankeens, porcelain, lacquered
ware, and other small articles similar to those imported by Eng-
land. (From a Russian MS. ) — Encylopædia Britt. 7th Edition.
 72

APPENDIX.- No. II .

GUILDRY.

Extract from the Abstract Statement of the Receipt and Expenditure

ofthe different Funds under the administration of the Magistrates
and Town Council of Aberdeen. From 26th September, 1832, to
15th October, 1833.

Receipt. LANDS OF SKENE.

To Balance at Michaelmas , 1832, £4 16 1
‫ دو‬Feu Duties and Rents of Skene, Crop 1832, 544 14 3
39 Treasurer of Aberdeen, One Year's Interest of
£ 17,330, - 693 4 0
‫ دو‬Skene Road, Interest on £718 2s . 2d, 35 18 1
‫دو‬ Do. part of Principal, 53 17 1
‫ رو‬Echt and Midmar Road, Interest on £500 lent
to it ; besides £ 1000 of Subscription, on which
no Interest has yet been paid, 25 0 0
‫ دو‬Kirk Work, Interest on £ 150, 600
‫ دو‬Received from Tenants of Easter Cairnie, Ar-
rears of Road -money, - 23 2 0
‫دو‬ Do. from Commutation Road Trustees, for
Repairs to Road at Mackie's Steps, 200

£ 1388 11 6
Expenditure.
By Ministers' Stipends, Schoolmasters' Salaries, and
other Disbursements affecting the Lands, - £90 12 10
"" Proportion of Salaries to Town's Assessor, Clerk-
Depute, and Chamberlain, 41 10 0
‫ دو‬Sum usually stated towards defraying Municipal
Charges, 50 0 0
Sundries for Proportions of Revenue, viz .
Guild Box, 2-10ths of £ 1200, £240 0
0 0
Guild Wine, 3-10ths ‫دو‬ 360 0 0

Guild Brethren's -2-10ths "" 240 0 0

Hospital ,
Bridge of Don, 3-10ths ‫وو‬ 360 0 0
-1200 0 0
By Balance, - 6 8 8

£ 1388 11 6
 73

ROBERT CRUICKSHANK'S MORTIFICATION.

Receipt.
To Balance at Michaelmas, 1832, " £6 10 5
‫ رو‬Treasurer of Aberdeen, Interest of £100, 4 0 0

£ 10 10 5
Expenditure.
By Annuity to a Burgess's Widow, £4 0 0
By Balance, 6 10 5

£ 10 10 5
GUILD BOX.
Receipt.
To Balance at Michaelmas , 1832 , £60 7 3
‫ دو‬Lands of Skene, 2-10ths of Revenue, 240 0 0
‫ دو‬Annuity from John Turner's Mortification , 22 4 5
"" Treasurer of Aberdeen, Interest of £ 1570, 62 16 0
Kirk Charge, Interest of £250, 10 0 0

£395 7 8
Expenditure.
By Annuities to decayed Burgesses of Guild, their
Widows, and Families, £301 10 0
By Balance, 93 17 8

£395 7 8

ADDITIONAL FUND TO THE GUILD BOX,

Receipt. Established in 1736.
To Balance at Michaelmas, 1832 , £34 11 9
"" Proportion of Compositions from entering Bur-
gesses, 113 0 0
‫ دو‬Treasurer of Aberdeen, Interest of £9680, 387 4 0
"" Kirk Charge, Interest of £ 1600, 64 0 0

£598 15 9
Expenditure.
By Annuities to decayed Burgesses of Guild, their
Widows, and Families , £402 0 0
22 Annuities for Money sunk in the hands of the
Dean of Guild, 30 0 0
By Balance, 166 15 9

£598 15 9
K
 74

GUILD WINE.
Receipt.
To Balance at Michaelmas, 1832 , £ 15 18 5
"" Lands of Skene, 3-10ths of Revenue, 360 0 0
‫وو‬ Feu Duties of Ground, Queen Street, 45 17 0
‫دو‬ Rents ofthe Cross, and of Stalls in Poultry Market, 92 10 0
,, Proportion of Compositions from entering Bur-
gesses, 14 O 0
‫ دو‬Treasurer of Aberdeen, Interest of £700, 28 0 0

£556 5 5

Expenditure.
By Bridge of Don, Interest of £800, £32 0 0
‫دو‬ Proportion of Town Assessor's Salary, 20 0 0
‫وو‬ Do. of Town Clerk Depute's , 2 10 0
‫دو‬ Dean of Guild's Officer's Salary, 25 18 8
‫دو‬ Provost's Officer's Salary, 30 15 0
"" Four Quarter Officers ' Salaries, 96 11 3
"" Quarter Master's Salary, 20 0 0
‫دو‬ Expense about Poultry Market, Dean of Guild's
Office, &c. - 27 0 6
‫ دو‬Sundry Incidental Expenses, including Wine to
Town Hall, &c. *298 10 4
By Balance, 2 19 8

£556 5 5

* Wine to Town-House, £22 18s.-Tavern Bill, at Election in 1832,

£ 63 19s. 6d. Do. at Visitation of Schools and Competition for Bursa-
ries, £ 29 5s. 6d.- Bread to Town-House, £4 4s.-Tavern Bill, at Circuit
Courts, &c. , £42 8s. 7d.-Do. for Constables at King's Birth Day, £35 ls. 5d.
-Clothes to Town Sergeants for 1833, £66 18s . 6d.— Clothes to Town
Drummers for 1833, £21 5s.-Do. for Sundries, Do. £ 10 16s. 6d.-- Feu
Duty of Poultry Market, £ 1 13s. 4d. — Total, £298 10s. 4d.
 75

MORTIFICATION OF 1000 MERKS, BY WALTER COCHRANE,

Town Clerk Depute.
Receipt.
To Balance at Michaelmas, 1832, £5 7 11
"" Treasurer of Aberdeen, Interest of £80, 340

£8 11 11

Expenditure.
By Annuity to a Relation of the Mortifier, £3 0 0
By Balance, 5 11 11

£8 11 11

DEAN OF GUILD'S CASUALITIES.

Receipt.
To Balance at Michaelmas, 1832, £34 13 8
,, Compositions from entering Burgesses, 94 15 0
‫دو‬ Do. from entering Craftsmen, 17 15 6
"" Dues for recording Apprentices' Indentures, 10 10 0
"" Fines from unfree Traders, 89 9 5
To Balance, 31 10 4

£278 13 11

Expenditure.
By Proportion of Town Assessor's and Chamberlain's
Salaries, £25 0 0
22 Town-House Keeper's Salary, 40 0 0
"3 Sundry Disbursements about Town- House, *198 13 11
,‫وو‬, Subscription to Fire Engine Establishment, 15 0 0

£278 13 11

* Boxmaster of Shoemaker Trade an over-payment on Robert Levie's com-

position, £ 1 6s. 8d.-John Hardy, taking charge of Town's Clock, £4.—
Coals to Town-House, 128 bolls, £27 7s.- Confections at Visitation of
Schools, £8 10s.-Clothes to Town Sergeants for 1832 , £65 14s.—Do.
for Drummers Do. £31 6s.- Hugh Gordon & Co., Sundries to Town- House,
£ 13 10s. 5d.-Farquharson & Co. Articles to Town-House, £22 5s. 10d.
George Mearns, Stoneware Merchant, Do. £ 12 15s. 3d.- George Glegg,
Confectioner, £9 16s. 5d.- Incidents, £2 2s. 4d . - Total, 198 13s. 11d.
K2
 76

ARMS-MONEY.
Receipt.
To Balance at Michaelmas, 1832 , £ 12 1 6
‫ وو‬Compositions from entering Burgesses and Crafts-
men, - 11 0 0
‫ دو‬Treasurer of Aberdeen, Interest of £500, 20 0 0

£43 1 6

Expenditure.
By Expense of Repairing Town's Arms, and other
Disbursements, * £40 17 4
By Balance, 2 4 2

£43 1 6

COMMISSIONERS OF INFEFTMENTS' FUND.

Receipt.
To Balance at Michaelmas, 1832, · £7 12 10
Rent of Shop under Council Chamber, 36 0 0

£43 12 10

Expenditure.
By Bridge of Don, Interest of £450, £18 0 0
Bridge of Dee, Interest of £300, 12 0 0
‫ دو‬Disbursements, +10.10 0
By Balance, 3 2 10

£43 12 10

* Cleaning Town's Arms, £5 5s.- Oil, &c. to Do. £ 1 4s. 6d.-Rent of

Hall for accommodation of Constables, at Election of M.P. for Town and
County, £ 1 10s.- Constables and Watchmen on King's Birth Day, £8 14s. 6d.
-Batons to Do. £ 10 7s. 7d.- Town Sergeants for weekly attendance at
at Meal Market, £6 6s.- Ringing Bells on public occasions, £3 6s.- David
Marshall, Glazier, £4 3s. 9d.- -Total, £40 17s. 4d.
Mr. William Gray, for trouble attending various meetings relative to ap-
pointment of Constables, and other public matters, £ 10 10s.
 77

HOSPITAL CHARGE,
Under Master of Guild Brethren's Hospital.
Receipt.
To Balance at Michaelmas, 1832, £42 16 9
‫ دو‬Feu Duty of Windmill Croft, 10 10 0
of North Kinmundy, 42 10 0
of Boddoms, 26 17 6
‫ دو‬Lands of Skene , 2-10ths of Revenue, 240 0 0
"" Treasurer of Aberdeen, Interest of £5050, 202 0 0
,, Kirk Charge, Interest of £200, 800

£572 14 3

Expenditure.
By Annuities to decayed Burgesses of Guild, their
Widows, and Families, £475 10 0
By Balance, 97 4 3

£572 14 3
 78

APPENDIX.- No. III .

COMPUTUM

Ricardi de Kyntoir, Decani de Gylde, redditum apud Aberdene, Quinto

Die Mensis Octobris, anno Domini M.CCCC. quinquagesimo tertio.

The greater part of the original Account is in Latin.

RECEIVED.

Maills, or Rents of Town's Lands and Fishings, L. Scots 92 16 2

Upper Mill, 12 0 0
Nether Mill, - 600
Justice Mill, 2 10 0
Flesh Market , 400
Small Customs and Water Boll, 6 13 4
Booths, or Shops under Town House, &c. 8 16 8

L.132 16 2
For Taxation made for Redemption of the Custom
on Skins or Hides, 49 0 0
Of the Taxation for Expenses of our Lord the King, - 35 0 0
Offerings for the Bridge of Balgonie, * 3 15 0
Sundries in virtue of my office, (no particulars, ) 22 15 4

Suma. To. Onerationis , L.243 6 6

PAID.

In Wine to Lord Forbes, L. Scots 0 4 0

"" "" Lord Ersk ine, 080
‫وو‬ 99 Lord Erroll, 040
‫دو‬ The Countess of Huntly, a
"" "" Gallon of Red Wine, - 0 5 4
"" "" The Dean of Aberdeen do. 0 5 4
‫وو‬ ‫ وو‬The Bishop of Aberdeen do. 0 5 4
"" "" The Bishop of St. Andrews do. 0 5 4
"" "" Various other persons, - 1 13 8
Suma. To. Vini, 3 11 0

Carried over, L.3 11 0

Sir Alex. Hay's Mortification to the Bridge was not given till 1605.
 79

Brought over, L.3 11 0

Various expenses in repairing the Bridge of Bal-
gonie, 32 11 6
Do. in repairing the Key, [ Quay] 53 0 6
Gffen the Kyng for the Redeeming of the Custom
on Skynnes, 50 0 0
Expenses made a propyne to the King, twa days, 42 0 0
3
Giffen to the Kountraller for his favour and suppt. in
all thyngs , 500
To the Kyng's Officiars, · 200
‫ دو‬the Aldermane for his Fee and Potatiouns, 8 6 8
,, my Fee, [the Dean of Guild] 5 0 0
‫ دو‬the Abbot and the Prior, [of Bon-Accord] 868
John Cruickshank for the Knock, - 200
,, the Black Freres, 1 6 8
"" the Trinitie Freres, · 0 10 0
‫ دو‬the Dempster,
,, 0 13 4
Various other Disbursements, 18 1 0

Suma, To. Exonerationis, L.232 7 4

Et sic debet, £ 10, 19s. 2d.

 80

APPENDIX.- No. IV.

Charter by King Charles the First,

TO THE

BURGH OF ABERDEEN, 9TH SEPT. 1638.

(TRANSLATION.)

CHARLES, by the grace of God, King of Great Britain,

France, and Ireland, defender of the faith ; TO all good
men of the whole earth, whether clergy or laicks, greeting :
KNOW YE, That we (being many years past our full and ad-
vanced age, and having thereafter, and beyond the same, made
both our special and general revocation in Parliament) , CONSI-
DERING that our illustrious ancestors, of immortal memory, erect-
ed the Burgh of ABERDEEN (one of the most ancient and illus-
trious burghs in all our kingdom of SCOTLAND) , into a free and
royal burgh, AND GAVE AND GRANTED to the provost,
baillies, counsellours, burgesses, and community thereof, and to
their successors, THE SAME BURGH, with severall lands, heri-
tages, tenements, houses, buildings, mills, fishings, privileges,
liberties, and immunities, pertaining and belonging thereto, by
valid infeftments, rights, and securities, made and granted there-
upon to them and their predecessors, AS the same at more length
proport : ACCORDING WHEREUNTO, the said provost, baillies,
counsellours, burgesses, and community of our said burgh, and their
predecessors, HOLD, and have HOLDEN, the foresaid burgh,
lands, mills, fishings, and others belonging thereto, liberties and
privileges of the same in all time bygone : From whence, and
from the erection of the said burgh into a FREE and ROYAL
BURGH, and endowing the same with the liberties and privileges
aforesaid, by the virtue, industry, and diligence of the worthy
inhabitants thereof, endowed with virtue, THE SAID BURGH
is become a POPULOUS CITY famous for HUMANITY and
RENOWN, and much extolled above all other burghs and cities
whatsoever, in the northern part of our said kingdom ; and which
affords and supplies abundantly towards the furnishing of lodging
and entertainment for all our subjects at their yearly and termly
meetings, and other councils and conventions, as well publick as pri-
 81

vate, which are holden there and which is well able to defend
(as in a sanctuary) our oppressed subjects, when they resort
thither out of the northern and mountainous places, lying to-
wards the said burgh : SO THAT, by the civility, good govern-
ment, and diligence of the magistrates of the said burgh, the same
hath become most flourishing, to the very great advantage of the
inhabitants, and our other subjects thereabout, whose children have
plentifull education in letters, arts, and callings of all kind . WE
THEREFORE, being rather sollicitious that the said burgh
should daily flourish, and that the rents, liberties, and securities
made thereto, by our predecessors, should be amplified and ex-
tended, than that they should be diminished any manner of way :
WITH the special advice and consent of our beloved and most
faithfull cousin and counsellour, John, earl of Traquair, lord Linton
and Caberston, our principal threasurer, comptroller, and collec-
tor of our kingdom of SCOTLAND, and threasurer of our new
augmentations ; as also, of our faithfull counsellour, Sir James Car-
michael , of that ilk, knight-baronet, our deput in these offices ; and
of the rest of the lords and others our commissioners of our ex-
chequer of that our kingdom- TO HAVE RATIFIED, AP-
PROVEN, and by this our present charter, confirmed, And by
the tenor hereof, WE RATIFIE and APPROVE, and, for us and
our successors for ever, CONFIRM a CHARTER, made, given,
and granted, by our umquhile dearest father, James, by the grace
of God, king of Great Britain, France, and Ireland, of immortal
memory, with consent of his principal threasurer, threasurer-depute,
and of the rest of the lords of his secret council, his commissioners
for the time, under his great seal, dated at Falkland, the seven-
teenth day of July, in the year one thousand six hundred and
seventeen : WHEREBY our said dearest father, with advice and
consent foresaid, for the causes therein contained, not only RATI-
FIED, APPROVED , and CONFIRMED, all and sundry charters,
infeftments, precepts, and instruments of seasine, confirmations,
acts, sentences, decreets, gifts, exemptions, rights, titles, securities,
letters, writes, evidents, grants , liberties, advantages, immunities,
and privileges therein mentioned, made, granted, or confirmed, by
our said dearest father, and his most illustrious predecessors, kings
and queens of SCOTLAND, or their governours, regents, or lords
of session for the time, to our said burgh of ABERDEEN, the
provost, baillies, aldermen , deans of guild, threasurers, counsellours,
burgesses and community thereof ; and to the churches, ministers,
L
 82

and hospitals of the same, and to their successors, of whatsoever

form or forms, content or contents, date or dates, respectively, the
same be of : AND SPECIALLY, without prejudice of the gene-
rality foresaid, the particular charters, infeftments, confirmations,
decreets, donations, exemptions, acts, writes, evidents, and others,
specially and particularly mentioned in the said charter, the grants,
donations, privileges, liberties, and immunities respectively therein
contained ; with all and sundry other charters, infeftments, grants,
gifts, privileges, immunities, rights, acts of parliament, and gene-
rall conventions ; sentences and decreets of privy-council, given
and granted by our said umquhile dearest father, and his most
illustrious progenitors, or by any other person or persons, TO AND
IN FAVOURS of the provost, aldermen, baillies, counsellours,
and community of our said burgh of ABERDEEN for the time,
and their predecessors and successors whatsoever, concerning the
erection of our said burgh into a free ROYAL BURGH, with all
rights, titles, and privileges thereto belonging, and incumbent by
the laws and custom of our said kingdom of SCOTLAND, and
with all lands, tenements, forrests, woods, muirs, marishes, com-
monties, waters, salmon-fishings, mills, astrict multures, castles,
meadows, lochs, hills, greens, forts, blockhouses, anchorages, bell-
customs, and other customs ; weights, tron-weights, measures, and
other profits, casualties and duties whatsoever, which formerly be-
longed to our said burgh of ABERDEEN, and which they or their
predecessors, or authors, possessed or used in any time bygone.
BUT ALSO, our said umquhile dearest father, with consent fore-
said, of NEW GAVE, GRANTED, ERECTED, and DIS-
PONED, to the saids provost, baillies, counsellours, burgesses
and community of our said burgh of ABERDEEN, and their suc-
cessors forever, ALL AND HAILL the said BURGH OF ABER-
DEEN, with the precinct, walls, foussies, ports, ways, streets,
passages, and all and sundry houses, biggings, yairds, tenements,
crofts, acres, and roods of lands, within the territory of our said
burgh AS ALSO, ALL and SUNDRY, the COMMON LANDS
belonging and pertaining to our said burgh ; with the whole muirs,
marishes, meadows, parts, pendicles, and pertinents, of old called
the FORREST of STOCKET, with the WOOD thereof within
the limits , marches, and bounds thereof, as the same were then oc-
cupied and possess'd by the said provost, baillies, counsellours, and
community, and were in use to be yearly rode and perambu-
late ; ALL and WHOLE the lands of RUBISLAW ; ALL and
 83

WHOLE the lands of CRUIVES, with the tofts, crofts, houses,

biggings, parts, pendicles, and pertinents of the same ; ALL and
WHOLE the WATERS of DEE and DON, and SALMON-
FISHINGS thereof, within and thorrow the whole bounds, parts,
and marches thereof, as the same were then occupied and possess'd
by the said provost and baillies , counsellours, and community, and
their tenants and servants ; AND PARTICULARLY the salmon-
fishings upon the saids rivers of DEE and DON, specially and
particularly mentioned and express'd in the said charter, within the
bounds, marches, and limits, and possess'd in manner specified in
the same charter : Together with all and sundry SHEILLS and
INCHES within and upon the saids waters of DEE and DON,
and with privilege and liberty of building sheills, drawing, spread-
ing, and drying nets, upon both sides of the saids waters respec-
tively, as our said burgh, and the provost , baillies, counsellours,
and community thereof, and their predecessors, possessors, and
occupiers of the said fishings, were formerly in use and possession
of; AS ALSO, with privilege and liberty of having and holding
BOATS and FERRY- BOATS, one or more, upon the said waters
of DEE and DON, and in whatsoever places and parts thereof, for
transporting our lieges and subjects, and their goods and beasts,
where the said provost, baillies, and counsellours of our said burgh
shall appoint and think fit ; with all duties, fees, and advantages
belonging to, and incumbent upon the saids boats ; ALL and SUN-
DRY the COMMON MILLS of the said burgh, to witt, the two
mills within our said burgh, called the UPPER and NETHER
MILLS ; other two mills without our said burgh, called the JUS-
TICE MILLS ; and two other mills lying within the freedom of
our said burgh-one of them called the NEW MILL upon
BUCKSBURN ; and the other called the NEW MILL upon the
DENBURN ; and the WINDMILL at the Gallowgate-head of
our said burgh ; with the MULTURES and SEQUELS of the
said mills, of all grain growing upon all and sundry the crofts,
acres, and lands of the community of our said burgh, and within
the freedom and territory thereof, and of all grain pertaining and
belonging to the burgesses and inhabitants of our said burgh, thol-
ing fire and water within the same ; ALL and WHOLE the
CASTLE-HILL, GREEN MEADOW, and SUBURB called
FOOTTIE, with the CHAPPELL thereof ; and all the BOATS
and FISHINGS of WHITE FISHES belonging thereto ; and
with the HARBOUR for ships, PORT, BLOCKHOUSE, and
L 2
 84

SHOAR of the said burgh ; aqueducts and passages thereof ; liber-

ties and privileges of the same, specially mentioned in the said
charter Together with all and sundry the BELL CUSTOMS ,
and other CUSTOMS and TOLLS of our said burgh, used and
wont ; with WEIGHTS and TRON-WEIGHTS of our said
burgh ; fees and duties belonging thereto ; and with all other
weights and measures, liberties , privileges, and immunities belong-
ing to our said burgh ; AND SPECIALLY, certain liberties,
privileges, and immunities, mentioned in the said charter concern-
ing our said burgh, and the government thereof, by which charter
above-mentioned, all and sundry annual rents, feu farms, yearly
duties, altarages, lands, fishings, tenements, houses, crofts, and
chaplainries, which of old pertained to the chappels of Saint
Nicolas's parish church of Aberdeen, were also given, granted, and
disponed to the saids provost, baillies, counsellours, and community
of our said burgh of ABERDEEN, and their successors ; with all
tenements, crofts, mansions, dail silver, and anniversarys whatso-
ever, which formerly belonged to any chaplainries and altarages
whatever, in any church, chappell, or college, within the liberty of
the said burgh of ABERDEEN, founded by whatsoever person or
patron, wherever the same lye within our said kingdom of Scot-
land, or were in use to be uplifted and received in any time
bygone ; AS ALSO, ALL and HAILL the mansion-houses,
buildings, yairds, and church, which formerly pertained to the
FRANCISCAN FRIARS of our said burgh ; AND SICKLIKE
the COMMON LOCH of the same burgh, by all the bounds and
parts thereof, and HILLS called WOMAN- HILL, PLAY-
FIELD, SAINT CATHARINE'S HILL, HEADING-HILL,
and GALLOW- HILL, with the fields and greens of the said
burgh called the LINKS, as the same lye in length and breadth
betwixt the water mouth of the river Dee, and the water mouth
of the river Don, with tenants, tenandries, and service of free
tenants, of all and sundry the foresaid lands and fishings, with the
parts, pendicles, and pertinents thereof ; together also with all and
sundry other liberties, immunities, rights, and privileges whatso-
ever, belonging and incumbent to our said burgh, and whereof the
said provost, baillies, council and community of the same burgh, or
their predecessors have been in possession in any time bygone :
AND LIKEWAYS with as ample and great PRIVILEGES and
IMMUNITIES as were granted to our burghs of EDINBURGH,
PERTH , and DUNDEE, or any other ROYAL BURGHS within
 85

our kingdom of Scotland, by our said umquhile dearest father, or

his ancestors, at any time bygone, preceeding the day and date of
the said charter ; And he UNITED, ANNEXED, and INCOR-
PORATED to and with our said burgh of ABERDEEN, liberties
and privileges thereof, ALL and SUNDRY the foresaid lands,
acres, crofts, common lands, mills, multures, fishings, castle, loch ,
meadow, hills, green, bulwark, anchorages, tolls , bell-customs,
weights and measures, tron-weights and measures, annual rents,
mansion-houses, yairds and others, generally and particularly above
expressed ; with the privilege of giving seasine of the same, at the
mercat-cross of our said burgh, to the provost, or any one of the
baillies thereof : which seasine shall stand, and is ordained to be
sufficient to the saids provost, baillies, counsellours, and commu-
nity of our said burgh, for all and whole our said burgh, and all
and sundry lands, houses, biggings, and others specially and gene-
rally therein mentioned, in form and manner therein expressed :
TO BE HOLDEN by the said provost, baillies, council, and com-
munity of our said burgh of ABERDEEN, and their successors in
fee, heritage, and free burgage for ever, as the said charter of the
date foresaid in itself at more length purports ; with the precept of
seasine and instrument of seasine following thereon, and with the
act of dissolution made in parliament, holden at Edinburgh the
twenty-eighth day of June, in the year one thousand six hundred
and seventeen ; to which act the charter above-mentioned relates,
and is thereupon founded and granted. AND SICKLIKE with
all and sundry other charters, infeftments, precepts, and instru-
ments of seasine, confirmations, acts, sentences, decreets, gifts,
exemptions, rights, titles, securities, letters, writes, evidents, grants,
liberties, advantages, immunities, and privileges therein mentioned,
made, granted, or confirmed, by our umquhile most noble predeces-
sors, WILLIAM, sometime KING of SCOTLAND ; ALEXAN-
DER the SECOND, sometime KING ; ALEXANDER the
THIRD, sometime KING ; ROBERT the FIRST, sometime
KING ; DAVID, his son , sometime KING ; ROBERT the
SECOND, sometime KING ; ROBERT the THIRD, sometime
KING ; JAMES the FIRST, sometime KING ; JAMES the
SECOND , sometime KING ; JAMES the THIRD, sometime
KING ; JAMES the FOURTH , sometime KING ; JAMES the
FIFTH, sometime KING ; QUEEN MARY, his daughter ; and
our said umquhile dearest father, KING JAMES the SIXTH , of
excellent memory ; or by any of them, or by any others their pre-
 86

decessors, kings and queens of SCOTLAND, or by their regents,

governours, or lords of session for the time :-to our said BURGH
of ABERDEEN, the provost, aldermen, baillies, deans of gild,
threasurers, counsellours, burgesses and inhabitants of our said
burgh, and to the churches, ministers, and hospitals of the same
burgh, and to their successors, of whatsoever form or forms, content
or contents, date or dates, the same may be of, OF AND UPON
the erection of our said burgh of ABERDEEN in a FREE
ROYAL BURGH, with all rights, titles and privileges pertaining
and incumbent thereto by the laws and practice of our said king-
dom of SCOTLAND, and with all houses, lands, tenements, for-
rests, woods , muirs, marishes, commonties, waters, salmon-fishings,
mills, astrict multures, castles, meadows, lochs, hills, greens, bul-
warks, anchorages, small customs, bell- customs, and other customs,
weights and measures, profits, casualties, and duties whatsoever,
which formerly pertained to our said burgh, and which were pos-
sess'd and used by the said provost , baillies, council and community,
or their predecessors or authors in any time bygone. AND WE
WILL and GRANT, and for us and our successors, with advice
and consent foresaid, DECERN and ORDAIN, that the said ge-
nerality shall noways derogate from the speciality, nor the speciality
from the generality ; AND THAT this our present confirmation
and ratification of the premises is, and shall be in all time coming,
of as great value, strength, efficacy, and effect, in all respects, to
our said burgh of ABERDEEN, and to the provost, baillies, coun-
sellours , and community of the same, and to their successors, as if
the said charter and precept of seasine, with the act of dissolution
above-mentioned, and all and sundry other charters, infeftments,
dispositions, grants, confirmations, rights, titles and securities, de-
creets, exemptions, writes, acts, evidents, gifts, liberties, advan-
tages, immunities, privileges, and others particularly and generally
therein-mentioned, were at length, word by word , insert in this
our present charter (nothwithstanding, by reason of the multitude,
number, length, and prolixity thereof, the same be noways insert
in this present charter), WHEREANENT WE, for us and our
successors, HAVE DISPENSED, and by the tenor of this present
charter, DISPENSE FOREVER. MOREOVER, (without hurt,
prejudice, or derogation to the foresaid former charters, infeftments,
rights, decreets, acts, titles, liberties, privileges, and others parti-
cularly and generally above expressed, and in farther corroboration
thereof, accumulating rights upon rights) , WE, for the GOOD,
 87

FAITHFUL, and ACCEPTABLE SERVICE done and performed

to us and our most noble progenitors by the said provost, baillies,
council and community of our said burgh of ABERDEEN, and
their predecessors, and that hereafter they may the better continue
in the said service, HAVE OF NEW GIVEN, GRANTED,
ERECTED, DISPONED, and by this our present charter CON-
FIRMED : And by the tenor hereof, with advice and consent fore-
said, GIVE, GRANT, ERECT, DISPONE, and by this our pre-
sent charter, CONFIRM, to our beloved and faithful servants, the
PROVOST, BALLIES , COUNSELLOURS, BURGESSES, and
COMMUNITY, of our said BURGH of ABERDEEN, and to
their successors, ALL and WHOLE our said BURGH of ABER-
DEEN, with the precinct, walls, foussies, ports, ways, streets,
passages, and all and sundry houses, biggings, yards, tenements,
crofts, acres, and lands , within the territory and liberty of our
said burgh. AND LIKEWISE, all and sundry the foresaid
COMMON LANDS, belonging and pertaining to our said
BURGH, with all muirs, marishes, meadows, parts, pendicles , and
pertinents, of old called the FORREST of STOCKET, with the
WOOD thereof, within the limits, marches, and bounds thereof,
as the same are at present possess'd and occupied, and are yearly
RODE, and in use to be PERAMBULATE by the said provost,
baillies, council and community ; ALL and WHOLE the foresaid
lands of RUBISLAW ; ALL and WHOLE the foresaid lands
of CRUIFES , with the tofts, crofts, houses, biggings, parts, pen-
dicles, and pertinents of the same ; ALL and WHOLE the fore-
said waters of DEE and DON, with the SALMON- FISHINGS
thereof, within and thorrow the whole bounds, parts, and limits,
thereof, as the same at present are possess'd and occupied by the
said provost, baillies, council, and community, and their tenants
and servants . AND SPECIALLY the foresaid SALMON-
FISHINGS upon the said water of DEE called the RAIK,
STELLIS, MIDCHINGLE , POT, and FOORDS upon both
sides of the said water, and as the said fishings are distinguished
and distinctly known one from another, and as the same lye and
are bounded from the mouth of the river, bar, and water mouth of
our said burgh of ABERDEEN, to the bridge water at the
Bridge of Dee, of old pertaining and belonging to William Forbes
of Barns. AS ALSO, the SALMON- FISHING upon the water
of DON called the KING'S CAVIL of the foresaid water of
DON, as well above as below the Bridge thereof, with all and
 88

sundry the SALMON-FISHINGS of the CRUIFES, as the said

fishings and cruifes respectively are bounded and lye from the
water mouth of the said river of DON to the burn called the
CRUIFEBURN, with all and sundry other SALMON-FISH-
INGS, and other FISHINGS whatsoever upon the saids waters of
DEE and DON, and thorrow all the bounds and limits thereof,
respectively above express'd, pertaining and incumbent to our
said burgh, and as they and their predecessors were in use to pos-
sess the same ; AND with all other FISHINGS as well of SAL-
MON as of WHITE FISHES in the SALT WATER or SEA,
betwixt the mouths of the saids rivers of DEE and DON, and be-
side the mouths of the saids rivers upon both sides thereof ; AS
ALSO with all and sundry INCHES and SHEILS within and
upon the saids waters of DEE and DON, and with liberty and
privilege of building SHEILLS and SHEILLINGS, and of draw-
ing, spreading, and drying nets upon both sides of the saids waters,
as well upon our high ways as upon other most commodious
places and parts near the said waters, as our said burgh, and their
predecessors , possessors, and occupiers of the saids fishings formerly
possess'd and enjoyed the same ; AS ALSO with liberty and pri-
vilege of having BOATS and FERRYBOATS , one or more,
upon the saids waters of DEE and DON, at the water mouths of
DEE and DON, where they have proper fishings, for transport-
ing our lieges and subjects, and their goods and beasts, as they
shall see fit, with all duties, fees, and advantages belonging and in-
cumbent to the saids ferry boats ; ALL and SUNDRY the foresaid
COMMON MILLS of our said burgh of ABERDEEN, to witt,
the foresaid two mills within the said burgh, called the UPPER
and NETHER MILLS ; other two mills without our said burgh,
called the JUSTICE MILLS ; and other two mills lying within
the liberty of our said burgh, one thereof called the NEW MILL,
upon the burn of BUCKSBURN, and the other called the NEW
MILL upon the DENBURN, with the said WINDMILL at the
Gallowgate head of our said burgh ; AS ALSO ALL and HAILL
the two SEA MILLS , called SHOAR or SEA MILLS, newly
built and erected by the saids provost, baillies, council and com-
munity of our said burgh, after the date of their last infeftment
above written, RATIFIED and APPROVED by virtue of this our
present charter, WITH PRIVILEGE and LIBERTY to them of
building more mills at their pleasure, and with the MULTURES
and SEQUELS of the saids mills, and of all grain growing upon
 89

all and sundry the crofts, acres, and common lands of our said
burgh, and within the territory and liberty thereof, and of all
grain pertaining and belonging to the burgesses and inhabitants of
the same burgh, or imported and brought in, or to be imported and
brought in by them, or any other persons, tholing fire and water
within the same. ALL and HAIL the said CASTLEHILL,
GREEN MEADOW, and suburb called FOTTIE, with the
CHAPPELL thereof, and whole BOATS and WHITE FISH-
INGS belonging thereto, and with the foresaid BULLWARK ,
HARBOUR, and SHOAR of ABERDEEN, and MILLDAMS
and PASSAGES thereof, and with liberty and privilege of BUR-
DENING and DISCHARGING, LOADING, and LOOSING
ships, boats, and other vessels whatsoever in the saids waters of
DEE and DON upon both sides thereof in whatsoever places and
parts, and as oft as it shall seem needful to the saids provost,
baillies, council, and community, AND SICKLIKE, of UPLIFT-
ING and RECEIVING all SMALL CUSTOMS , ANCHOR-
AGES, SHOAR- SILVER, and other DUTIES , as freely in all
respects as our said burgh of EDINBURGH, and its collectors re-
ceive and uplift at the harbour and shoar of LEITH, and as freely
as the same are uplifted and received by any other free ROYAL
BURGH, at whatsoever harbour or shoar within our said king-
dom of SCOTLAND. AND SPECIALLY with power of UP-
LIFTING and RECEIVING, in all time coming, the sum of
THREE SHILLING usual money of our said kingdom of SCOT-
LAND, out of every TUN of GOODS EXPORTED and IM-
PORTED, in whatsoever ship, boat, or other vessel within the
said port and harbour of ABERDEEN, to be applied for repair-
ing, building, and upholding of the said bulwark, as the said pro-
vost, baillies, council, and community, and their collectors, have
enjoyed and possessed the same for these many years bygone.
AS ALSO ALL and WHOLE the foresaid CUSTOMS called
the BELL CUSTOMS of our said burgh, the SMALL CUS-
TOMS, TOLLS, and other CUSTOMS used and wont with the
WEIGHTS, and TRON WEIGHTS , of our said burgh, FEES
and DUTIES belonging to the same, and with all other weights
and measures, liberties, privileges, and immunities anyways per-
taining and belonging to the said burgh. AS ALSO with free
POWER of HOLDING COURTS within our said BURGH,
and TERRITORY, and LIBERTY thereof, for administration
of JUSTICE, and punishing delinquents and transgressors accord-
M
 90

ing to the quality of their crimes, conform to the laws and prac-
tice of our kingdom of SCOTLAND, and the issues, fines, and
escheats of the said courts, with bloodwits as oft as they fall out,
as well within our said burgh, liberty, and territory thereof, as
within the port, and harbour, and FLOODMARK of the said
burgh, and within the saids waters of DEE and DON, and parts
of the same where the foresaid fishings are disponed by virtue of
our present charter, and of applying the said issues, escheats,
fines, and bloodwits to the utility and advantage of our said
burgh. AS ALSO with special power, privilege, and liberty to
the said provost, baillies, counsellours, and burgesses of gild of our
said burgh, and their successors forever, of USING, FRE-
QUENTING, and EXERCING TRADE, MERCHANDICE,
and COMMERCE, and of buying and selling in great and small,
wine, wax, wade , skins, hides , and all other kinds of merchandice
and goods, as well of our said kingdom of SCOTLAND, as of
any foreign nations whatsoever, NOT ONLY within our said
BURGH , TERRITORY , and LIBERTY of the same, BUT
ALSO openly within and thorrow the whole bounds and limits of
our SHERIFFDOM of ABERDEEN, as well within REGALI-
TY as ROYALTY. AND SICKLIKE of HOLDING and
HAVING forever, within the said burgh and liberty thereof,
a MERCHANT GILDRIE, with GILD COURTS, counsel-
lours, members, and jurisdictions thereof, proper and necessary ;
and of uplifting and receiving the issues and escheats of the saids
courts sicklike, and as freely in all respects, and by all things, as
in the like cases is granted by us or our predecessors to any other
free royal burgh within our kingdom of SCOTLAND ; and with
all and sundry other liberties and immunities belonging, or that
can justly appertain to the saids tradings, commerce, merchandices,
gild courts, and burse (or merchant meeting ) by the laws thereof.
AND SICKLIKE of holding, having, using, exercing, and en-
joying within our said burgh, TWO PUBLICK , WEEKLY
FAIRS, or MERCATS -to witt, upon Wednesday and Saturday,
according to the custom used and wont ; with FOUR YEARLY
FREE FAIRS, beginning, holding and continuing within the
said burgh, whereof the first at the feast of WHITSUNDAY :
the second, at the feast of the HOLY TRINITY : the third, at
the feast of SAINT MICHAEL : and the fourth and last, at the
feast of SAINT NICOLAS ; every one of which fairs shall endure
for the space of eight days. AS ALSO, with liberty and power
 91

of building and erecting more mills, as well windmills as corn and

waulk mills, within our said burgh, liberty and territory thereof,
and of LETTING and SETTING parts of the common lands of
FORREST of STOCKET, which are not already sett and lett,
for the profit and advantage of our said burgh, by long tacks or in-
feftment of feu-farm, for payment of the feu-duties . COM-
MANDING, CHARGING, and PROHIBITING, all persons,
as well in REGALITY as ROYALTY (not being burgesses of
guild of our said burgh of Aberdeen ), That they do not presume to
use or exerce traffick, commerce, or merchandice, or any privi-
lege or point thereof, competent to a free royal burgh, within the
liberty and bounds of our said burgh and sheriffdom above-written,
under the pain of incarcerating their persons, and forfeiting and
escheating their goods, and merchandices, wherever they can be
apprehended. MOREOVER WE , with advice and consent fore-
said, have GIVEN and GRANTED, and, by the tenor of this
our present charter, for us and our successors, GIVE and GRANT
our full power, commission and authority, to the said provost,
baillies, and counsellours of our said burgh of ABERDEEN, and
their successors, of MAKING and PUBLISHING ACTS , STA-
TUTES and ORDINANCES , for the common good and profit
of the said burgh, and the defence of the privileges and liberties of
the same, to BE OBSERVED by all the burgesses and inhabi-
tants of our said burgh, and by all other persons repairing and
frequenting to the same, under such penalties as they shall think fit,
AS ALSO, of causing the saids acts, statutes and ordinances, to
be duly observed, with all the acts of parliament, acts of general
convention, and privy- council, with the constitutions of the burghs,
and all their own proper acts made, or to be made in favour of the
liberties thereof, and to prosecute and put the same to final execu-
tion, within the liberty and territory of our said burgh of ABER-
DEEN, and sheriffdom thereof, above set down. AND LIKE-
WAYS, with special power to the said provost, baillies, and coun-
sellours, of calling, prosecuting, arresting, and incarcerating, the
persons delinquents, contravening the saids privileges, acts,
statutes, decreets, and sentences, and of intromitting with their
goods, and escheating the same ; WHICH goods and issues so to
be escheated, we, for us and our successors, with advice and con-
sent foresaid, GIVE and GRANT to the common use of our said
burgh of ABERDEEN, and for the support of the common affairs
and works thereof, with all issues and fines of the courts, wherein the
M2
 92

saids transgressors shall happen to fall, and incur the same. AND
LIKEWAYS, WE, with advice and consent foresaid, HAVE
GIVEN, GRANTED, and DISPONED, and by the tenor of our
present charter, GIVE, GRANT, and DISPONE, to the saids
provost, baillies, counsellours, and community of our said burgh of
ABERDEEN, and to their successors, ALL and SUNDRY lands,
houses, tenements, yairds, templar tenements, with all the perti-
nents of the same, lying within the precinct of our said burgh of
ABERDEEN, which formerly pertained to any abbacies, priories,
preceptories, monasteries, chaplainries, prebendaries, altarages, and
other benefices ; together with the whole feu -farms, and other du-
ties of the same in all time coming, to remain with and belong to
our said burgh, as a part thereof ; WITH POWER to the saids
provost, baillies, and counsellours, and their successors, as our bail-
lies in that part, of entering and receiving the heritable vassalls
and tenants of the same, upon resignation, or by service and retour,
or by delivery of hesp and staple, sicklike and in the same manner
as any others of our royal burghs of our said kingdom of SCOT-
LAND, used to enter and receive the inhabitants, heritable pro-
prietors and possessors of any lands and tenements whatever,
within the territories and precincts of the same. AND LIKE-
WAYS WE have GIVEN, GRANTED, and DISPONED, and
by the tenor of our present charter, with advice and consent fore-
said, WE GIVE, GRANT, and DISPONE, to the saids provost,
baillies, counsellours, and community, and to their successors, all
annual rents, feu-farms, and yearly duties, due, and used and wont
to be paid forth of the saids houses, yairds, templar tenements, and
other tenements aforesaid ; with power of intromitting therewith,
and disposing thereupon, of all years and terms to come, and of ap-
plying the same to the common good of our said burgh. AS
ALSO, WE have GIVEN, GRANTED, and DISPONED, and
by the tenor of our present charter, WE, with advice and consent
foresaid, GIVE, GRANT, and DISPONE, to the said provost,
baillies, counsellours, and community, and to their successors, ALL
and SUNDRY CHAPLAINRIES , ALTARAGES, and AN-
NUAL RENTS, formerly pertaining and belonging to the saids
chaplainries of the foresaid parish church of ABERDEEN, called
SAINT NICOLAS, and with all anniversarys and daill-silver
whatsoever, which formerly pertained to any chaplainries, preben-
daries, and altarages, in whatsoever other church, chapel, or college,
within the liberty of our said burgh of ABERDEEN, founded by
 93

whatever person or persons, wherever they lie within our said king-
dom, or that in any time bygone used to be received or uplifted .
AND with ALL and HAILL the foresaid mansion -place, houses,
biggings, yairds and church which formerly pertained to the
FRANCISCAN FRIARS of our said burgh, with all the duties
and rents thereof, and pertaining to the premises, of all years and
terms to come. AND with the COMMON LOCH of our said
burgh, within and thorrow all the bounds and parts thereof. And
with the foresaid HILLS, called WOMAN-HILL, PLAY-
FIELDS, SAINT KATHARINE'S HILL, HEADING-HILL,
and GALLOWHILL, with the GREENS and FIELDS called
the LINKS, of our said burgh, as the same lye in length and
breadth within the water-mouth of Dee to the water-mouth of the
river Don, with tenants, tenandries, and service of free tenants of
all and sundry the foresaid lands and fishings, with the parts, pen-
dicles, and pertinents of the same ; and with all and sundry other li-
berties, immunities, rights and privileges whatsoever, belonging and
incumbent to the said burgh, and whereof the said provost, baillies,
council and community of the same, and their predecessors, have
been in use and possession at any time bygone. AS ALSO, with
as full and great PRIVILEGES and IMMUNITIES as are
given, granted, and disponed by us and our predecessors, to our
said burghs of EDINBURGH, PERTH, and DUNDEE, or any
other royal burghs within our kingdom of SCOTLAND, at any
time bygone, preceding the day and date of our present charter :
AND WITH all right, title, interest, claim of right, property and
possession whatsoever, which we, our predecessors or successors had,
have, or anyways may have, claim or pretend to have, any manner
of way in time coming, IN AND to our said burgh of ABER-
DEEN, lands, acres, crofts, common lands, mills, multures, fish-
ings, castle, loch, meadow, hills, greens, bullwarks, anchorages,
tolls, customs, bell-customs, weights, tron-weights, measures, an-
nual rents, manor place, houses, yairds, and churches, which of old
pertained to the said Franciscan friars and others, particularly and
generally above-recited, or to any part, pendicle, or portion of the
same, maills, farms, casualties, profits and duties of the same, of
whatsoever years or terms bygone, or to come ; for whatsoever
deeds, causes, or occasions bygone, preceding the day and date of
our present charter, RENOUNCING, QUITE-CLAIMING, and
FOREVER OVERGIVING the same ; with all action , instance,
and execution, competent, or that can be competent to us and our
 94

and our successors thereanent, TO the saids provost, baillies, coun-

sellours, and community of our said burgh of ABERDEEN, and
their successors now and FOREVER, WITH the paction of not
requiring, and with the supplying of all defects, objections, and im-
perfections whatsoever, as well not named as named, bygone, pre-
sent, and to come, which we will have to be as expressed in this
our present charter ; WHEREWITH WE, for us and our succes-
sors, have DISPENSED, and by the tenor of this our present
charter, DISPENSE FOREVER. MOREOVER, WE have
RATIFIED, APPROVED, and by this our present charter, have
CONFIRMED, and by the tenor hereof WE RATIFIE, AP-
PROVE, and for us and our successors FOREVER, CONFIRM,
an act and statute of our said burgh, made by the said provost,
baillies, council, and community thereof, whereby it is statute and
ordained, that no GROUND MALT shall be brought or presented
to the mercat of our said burgh, nor sold within the same, privately
nor publicly ; which act and statute is dated the eleventh day of
January, in the year one thousand six hundred and twenty-eight.
AND WE, perfectly understanding that the said act and statute
not only agrees with the acts and statutes of all the royal burghs of
our said kingdom, but also is fit and necessary for the good and
advantage of our said burgh, THEREFORE WILL and OR-
DAIN, that no ground malt shall be brought into, nor sold within
the said burgh, privately or publickly, by whatsoever person or per-
sons, within the liberty of the said burgh, or by extraneans, under
the pain of confiscation of all kind of ground malt which shall be
brought in by any person or persons whatever, against the tenor of
the foresaid act and statute, and our ordinance above-mentioned,
within the said burgh ; WITH POWER to the saids provost and
baillies to confiscate the said malt, and apply the same to their
own use. AND CONSIDERING that our said umquhile dearest
father, of blessed memory, by his infeftment above- specified , RA-
TIFIED and DISPONED to our said burgh of ABERDEEN,
all other liberties, rights, and privileges, as amply and fully as to
our saids burghs of EDINBURGH and PERTH, who are sheriffs,
coroners, and justices of peace within themselves, and that there is
great necessity that our said burgh of ABERDEEN should have,
possess, and enjoy the saids privileges, and that especially for the
reasons and causes following, viz. That our said burgh of ABER-
DEEN hath grown , and is become, a plentiful and populous burgh
and city, wherein there is great and daily merchandice and inter-
 95

change of trade, and great concourse of our lieges and subjects, as

well noblemen and gentlemen and other inhabitants in the north
parts of our said kingdom, in all their meetings, and other great
and weighty affairs, as of other common people, repairing to the
fairs, mercats, and merchandising within our said burgh, and at
the port and harbour thereof. AND ESPECIALLY, that our
said burgh is situate near the hills and mountains, wherein there
are many rebels, and disaffected and broken men, who frequent the
said burgh, and who, by their fighting and striving therein, dis-
turb the peace thereof, and all the lawful meetings, conventions,
and merchandisings of our lieges and subjects within the same :
AND THAT the sheriffs of our said shire of ABERDEEN,
within the bounds whereof our said burgh lyes, are yearly chosen
out of the barons and country gentlemen, who, with their deputes,
dwell in the country, and are not present at all times for the exe-
cution of their offices incumbent upon them in that part, conform
to law, whereby our said burgh, the inhabitants thereof, and others
our lieges residing therein, are mightily disturbed and prejudiced.
THEREFORE, and for remeed hereof, and for many good offices,
true and thankfull services done and performed to us, and our said
umquhile dearest father of excellent memory, and to our other
most noble progenitors, in times bygone, by the said provost and
baillies of our said burgh of ABERDEEN, and their predecessors,
and for divers other great respects, good causes, and considerations,
moving us, from our certain knowledge, and our own motive will,
with advice and consent foresaid, WE HAVE GIVEN, GRANT-
ED, and DISPONED, and by the tenor of our present charter,
GIVE, GRANT, and DISPONE, to the said provost, baillies,
counsellours, and community of our said burgh of ABERDEEN,
and to their successors, provosts, baillies, counsellours, and commu-
nity thereof, for ever, THE OFFICES of SHERIFF, CORONER,
and JUSTICE of PEACE, within our said burgh of ABERDEEN,
and whole bounds of the common lands, acres, crofts, mills, waters,
fishings, hills, greens, ports, harbours, ways, streets, passages, and
others thereto belonging, lying within the precinct and territory of
our said burgh, with all and sundry liberties, privileges, fees,
casualties, duties, immunities and advantages, belonging to, and
incumbent upon, the saids offices of SHERIFF, CORONER, and
JUSTICE of PEACE, by the law and custom of our kingdom.
AND WE HAVE MADE, CREATED, CONSTITUTED, and
ORDAINED, AND by the tenor of our present charter, with advice
 96

and consent foresaid , MAKE, CREATE, CONSTITUTE, and OR-

DAIN the PROVOST of our said burgh of ABERDEEN, chosen,
and to be chosen for ever, SHERIFF and CORONER-PRINCI-
PAL, and the baillies of our said burgh, chosen, and to be chosen
yearly, SHERIFFS and CORONERS-DEPUTE, conjunctly and
severally under him ; and the saids provosts and baillies of our said
burgh, chosen, and to be chosen yearly, conjunctly and severally, in
all time coming, JUSTICES of the PEACE within the said burgh,
common lands of the same, and others above-written, pertaining
and belonging thereto, for ever ; with full and free power to them
and their deputes conjunctly and severally, of affixing, affirming,
beginning, and holding, and, if need be, of continuing court and
courts, as well criminal as civil, as oft as they think fit, with-
in the said burgh, common lands, mills, fishings, muirs, ways,
streets, passages, and others above expressed , or upon any part of
the bounds aforesaid, as well against their neighbour burgesses and
inhabitants of the said bounds , as against other persons resorting
and frequenting to our said burgh of ABERDEEN, and territory
thereof, who shall be attached for any cause, crime or offence, cri-
minal or civil, done and committed by them within our said burgh,
bounds, and territory thereof, or any part of the same ; and of exer-
cing and using the said office of sheriff for any other actions, causes,
offences, crime or crimes, that may happen against all persons that
shall be taken or attached within our said burgh of ABERDEEN,
common lands, mills, fishings, harbour, shoar, ways, streets, passa-
ges, and others particularly above-recited, belonging thereto ; and
of administering justice, calling, convening, and convicting the
suits of the said sheriff-courts ; amerciating the absents, and of
punishing transgressors, delinquents, and offenders ; comburgesses
and inhabitants, and other transgressors and criminals, to the death,
or by banishment, whipping, burning upon the hand or cheek, or
any other punishment used in any other royal burgh, according to
the quality of their crimes, and agreeable to the laws of our said
kingdom ; and of making, creating, and constituting, necessary
members and administrators of the said sheriff-courts, to be chosen
and appointed out of the burgesses of our said burgh allenarly, and
out of no others without the burgh ; and of using and exercing
the said office of SHERIFF within our said burgh of ABER-
DEEN, and bounds thereof aforesaid , sicklike and as freely in all
respects as any other sheriff within any other burgh of our said
kingdom exerces the said office of sheriff within his own burgh .
 97

AND SICKLIKE with power to the said provost and baillies of

our said burgh of ABERDEEN, and their successors, provosts and
baillies of the same, of using and exercing the said offices of CO-
RONER and JUSTICE of PEACE within the said burgh, and
whole lands, possessions, waters, port, harbour, and other parts
thereof, above-written, and whole bounds, liberties, and territory
thereof ; with all liberties, privileges, immunities, and advantages
competent thereto, sicklike, and as freely as any other coroners and
justices of peace use and exerce such offices of coroner and justice
of peace in any other sheriffdom, burgh, or jurisdiction within
our said kingdom. AND SICKLIKE WE, with advice and con-
sent foresaid, for the onerous causes above-written, and for divers
other great respects, good causes, and considerations, moving us,
from our certain knowledge and proper motive will, HAVE
GIVEN and GRANTED, and, by the tenor of our present char-
ter, WE GIVE and GRANT full power, warrant, and liberty, to
the said provost, baillies, and counsellours of our said burgh of
ABERDEEN, and to their successors, by themselves, or by their
dean of guild, or any other persons whom they shall yearly nomi-
nate and appoint, of VISITING, ENQUIRING, SEARCHING
and TRYING the WEIGHTS , METTS, and MEASURES,
after-specified, within the bounds of our said burgh, and of our
whole SHERIFFDOM of ABERDEEN, and within all the
common fairs and mercats, as well to burgh as landward, within
the bounds of the said burgh, and our sheriffdom of ABERDEEN.
AND WE HAVE MADE and CONSTITUTED , and, by the
tenor of our present charter, with advice and consent foresaid,
MAKE and CONSTITUTE , the said provost, baillies, and coun-
cil of our said burgh, and their successors, VISITORS, INSPEC-
TORS, SEARCHERS, and TRYERS of all the MEASURES
and others aforesaid, within the bounds of the said burgh, and our
sheriffdom of ABERDEEN, GIVING, GRANTING, and COM-
MITTING to them, and to their successors aforesaid, full power
and privilege of marking and SEALING all VESSELS, MEA-
SURES, and WEIGHTS, great and small, underwritten ; THAT
IS TO SAY, to mark and stamp all FIRLOTS, PECKS ,
POUND - WEIGHTS, STONE - WEIGHTS, ELVANDS,
QUART, PINT, CHOPPIN, and MUTCHKIN STOUPS,
and all others of that sort, with an iron or brass stamp and seal,
having the impression of the LYON and CROWN, according to
the sundry measures and standards prescribed and appointed by
N
 98

act of our parliament, and of uplifting all fees and duties of and
for the same. AS ALSO, with consent foresaid, WE HAVE
RATIFIED, APPROVED, and by this our present charter,
CONFIRMED, and, by the tenor of our present charter, for us
and our successors, RATIFIE, APPROVE, and for ever CON-
FIRM, an ACT of PRIVY- COUNCIL, made at Holyrood-house
the fifteenth day of July, in the year one thousand six hundred
and nineteen, WHEREBY the lords of our secret council CON-
CLUDED and ORDAINED, that there should be only one con-
stant measure for SALMON, thorrow and over our kingdom of
SCOTLAND, and that according to the ancient measure, com-
monly called the OLD GAUGE and STANDARD of ABER-
DEEN, containing ten gallons, with which measure all our lieges
and subjects ought to receive and deliver their SALMON in all
time coming, in form and manner, and under the penalties con-
tained in the said act of our council, as the said act, of the date
foresaid, at more length proports, IN ALL AND SUNDRY its
heads, points, clauses, articles, circumstances, and conditions,
therein contained, according to the form and tenor thereof, in all
points. AND WE WILL and GRANT, and for us and our suc-
cessors for ever, DECERN and ORDAIN, that this present rati-
fication of the foresaid act of council, shall be of as great value,
strength, force, and effect, as if the said act of our privy -council
were at length insert in this our present charter ; WHEREWITH
we, for us and our successors, have DISPENSED, and by the
tenor of our present charter, DISPENSE FOR EVER. AS
ALSO, with consent foresaid, WE HAVE MADE, CONSTI-
TUTED, and ORDAINED, and, by the tenor of our present
charter, MAKE, CONSTITUTE, and ORDAIN, the said pro-
vost, baillies, and council of our said burgh of ABERDEEN, and
their successors for ever, KEEPERS of the said MEASURE,
GAUGE, and STANDARD of ABERDEEN, appointed for
measuring and gauging, receiving and delivering SALMON
within our said kingdom, and STAMPERS and GAUGERS of
the said MEASURES , BARRELLS, and SALMON-VES-
SELS ; AND, by the tenor of our present charter, WE GIVE
and DISPONE to the said provost, baillies, and counsellours of
our said burgh of ABERDEEN, and to their successors, all fees,
duties, and advantages, used and wont, of and for the keeping of
the said measure, gauge, and standard, and stamping of the saids
measures, barrells, and salmon-vessels. AS ALSO, with consent
 99

foresaid, for us and our successors, we GIVE and GRANT full

power and privilege to the said provost and baillies of our said
burgh, and to their successors, of TAKING, APPREHEND-
ING, INCARCERATING, and PUNISHING all persons within
the said burgh, using and carrying unlawful ARMS, and prohi-
bited by the laws of our said kingdom, and constitutions of the
burghs, to be carried, born, or used by any persons whatever, ac-
cording to the tenor of a charter granted by the said umquhile
King Robert the First, to the burgesses and community of our
said burgh of ABERDEEN for the time, and a clause therein
specified, made thereupon, as the saids provosts and baillies and
their predecessors, formerly possessed and used the same. AND
BECAUSE the OLD and NEW CHURCHES of SAINT
NICOLAS, the CHURCH of the FRANCISCAN FRIARS,
called the COLLEGE CHURCH, SAINT KATHARINE'S
CHAPEL, SAINT NINIAN'S CHAPEL, upon the Castle-hill,
SAINT CLEMENT'S CHAPEL, called the CHURCH of
FOOTTIE, lye within our said burgh of ABERDEEN, liberty
and territory thereof ; to which churches and chapels the said pro-
vost, baillies, council, and community of the said burgh, and their
predecessors, have been in use to choose, present, nominate, and
provide ministers and chaplains in all time bygone, when the same
happened to vaik, and to pay them their stipends (they having no
other stipends, or livings) : THEREFORE, and for the causes
above-written, we, with consent foresaid, have RATIFIED, AP-
PROVED, and, by this our present charter, CONFIRMED, and
by the tenor hereof RATIFIE , APPROVE, and for us and our
successors for ever, CONFIRM the foresaid USE, CUSTOM, and
POSSESSION, which the said provost, baillies, council, and com-
munity of our said burgh of ABERDEEN, and their predecessors
had, in CHOOSING, NAMING, PRESENTING, and PRO-
VIDING MINISTERS and CHAPLAINS to the foresaid
CHURCHES and CHAPELS and CHAPLAINRIES thereof,
when they happen to vaik . AND we WILL, GRANT, and for
us and our successors for ever, DECERN and ORDAIN, that the
said provost, baillies, council, and community of our said burgh of
ABERDEEN, and their successors in all time to come , shall ob-
serve and exerce the foresaid privilege, use, and custom, and shall
remain for the future, as in times bypast, in the right and posses-
sion of the same, and shall choose, present, nominate, and provide
ministers, chaplains, and other persons, to serve the cure at the
N2
 100

said churches and chapels for the future, as in times bygone, with-
ont any impediment, molestation, trouble, or contradiction. AND
WE WILL and ORDAIN, that the bishop of ABERDEEN, and
ordinary for the time, receive and admit the ministers and persons to
be chosen, nominated, and presented by the saids provost, baillies,
and council of our said burgh, and their successors, IN and TO the
churches and chapels, being fit and qualified for their service and
function, and, if need be, give them institution and collation in due
form, without any obstacle or impediment. MOREOVER, with con-
sent foresaid, from our certain knowledge, and proper motive will,
WE HAVE UNITED, ANNEXED, and INCORPORATED, and
by the tenor of our present charter, for us and our successors, we
UNITE, ANNEX, CREATE, and INCORPORATE, in, to, and
with OUR said BURGH of ABERDEEN, and the lands, mills,
multures, fishings, anchorages, port, harbour, and other liberties
and privileges thereof, aforesaid, granted to the said burgh, ALL
and WHOLE the said OFFICES of SHERIFF, CORONER,
and JUSTICE of PEACE within the bounds and limits aforesaid ,
and jurisdiction of the same, with the said escheats, fines, issues,
and other liberties and privileges of the same aforesaid, AS ALSO,
the said OFFICE of VISITING, INSPECTING, SEARCH-
ING, and TRYING the MEASURES and WEIGHTS above-
written, within the bounds above -specified ; with the said privilege
of KEEPING the foresaid MEASURE, GAUGE and STAND-
ARD of the foresaid SALMON-BARRELLS and VESSELS,
and of STAMPING and GAUGING the same : with all fees,
privileges, advantages, and immunities, belonging to, and incum-
bent upon the said office : together with the foresaid PRIVILEGE
of CHOOSING, NOMINATING, PRESENTING, and PRO-
VIDING the said MINISTERS and CHAPLAINS to the
CHURCHES and CHAPELS aforesaid , and every one of them as
oft as they shall happen to vaik for the future in manner above-
written, into ONE FREE ROYAL BURGH, to be now, and in
all time coming, called THE BURGH OF ABERDEEN. AND
WE WILL AND GRANT, and for us and our successors, DE-
CERN and ORDAIN, that the said provost, baillies, dean of
guild, threasaurer, counsellours, burgesses, and community of our
said burgh of ABERDEEN, and their successors in all time com-
ing, shall freely and peaceably possess, hold and enjoy the same
burgh, and all and sundry the foresaid lands, acres, crofts, common
lands , multures, woods, fishings, waters, castle, meadow, loch, hills,
 101

greens, bulwarks, anchorages, tolls and customs, bell-customs,

weights, tron-weights, measures, annual-rents, mansion-houses,
yairds, ways, streets, passages, and others specially and generally
above-mentioned ; with all and sundry liberties, privileges, immu-
nities, and advantages belonging and incumbent thereto ; and with
the foresaid offices of sheriff, coroner, and justice of peace, within
the bounds and limits above-written, and jurisdictions of the same;
and with the said escheats, issues, fines, and other liberties and privi-
leges ofthe same above-written. AS ALSO, the foresaid office of vi-
siting, inspecting, searching, and trying the measures and weights
above-specified, within the bounds above-written. AS ALSO, the
said privilege and liberty of keeping and observing the foresaid mea-
sure, gauge and standard of the said salmon-barrells and vessels ,
and of stamping and gauging the same, with all the fees, privileges,
advantages, and immunities pertaining and belonging to the said
office . AND SICKLIKE the foresaid privilege and liberty of
presenting, nominating, choosing, and providing, ministers and
chaplains to the said churches and chapels, and to every one of
them, as oft as they shall happen to vaik, for the future, in form
and manner above-written, with all their pertinents (which for
brevity's sake are not repeated in this our present charter) , IN
FEE, HERITAGE, and a FREE ROYAL BURGH for ever.
And we WILL and GRANT, and for us and our successors, with
advice and consent foresaid for ever, DECERN and ORDAIN,
that ONE SEASINE, once to be given, by virtue of this our pre-
sent infeftment, to the PROVOST, and one of the BAILLIES of
the said burgh of ABERDEEN, at the MERCAT- CROSS there-
of, shall stand, and be a sufficient seasine to the said provost, bail-
lies, dean of guild , threasaurer, council, burgesses, and community
of our said burgh, and to their successors for ever, for ALL and
HAILL the foresaid BURGH, and for all and sundry the foresaid
lands, mills, possessions, waters , fishings, offices, annexis, connexis,
incorporations, and others particularly and generally above-recited,
of old pertaining to the said burgh, and given and granted by vir-
tue of our present charter, and united and annexed to the said
burgh, as above set down ; sicklike, and as freely in all respects,
as if our said burgh, and others above-written, were lying together,
and contiguous, and not in divers- places and parts, and as if parti-
cular seasines were taken at every part or place thereof, with all
the solemnities requisite, and notwithstanding thereof. WHERE-
ANENT WE, for us and our successors, with advice and consent
 102

foresaid, have dispensed, and by the tenor hereof, DISPENSE

FOREVER ; so that one seasine now to be taken in manner
above-written, shall stand, and be valid, lawful, and sufficient in
itself, without any other seasine thereof to be taken, or upon any
part of the same for the future, TO BE HOLDEN, and TO BE
HAD, ALL and HAILL our said BURGH of ABERDEEN,
with all and sundry the foresaid lands, houses, biggings, yairds,
tenements, port, bulwark, shoar, crofts, acres, roods, common lands,
the lands of Rubislaw and Cruives, salmon-fishings upon the saids
waters of Dee and Don, mills, multures, castle, hills, meadows, su-
burb called Foottie, chapels, fish-boats, customs, bell-customs, toll-
customs, small customs, weights, tron-weights, measures, lochs,
greens, anchorages, annual- rents, mansions, offices of sheriff, co-
roner, and justice of peace, escheats and fines ; with the said office
of visiting, inspecting, searching and trying the said measures and
weights within the bounds above-specified, with the fees and duties
of the same ; and with the said office of keeping and observing the
foresaid measure, standard, and gauge of salmon-barrells and ves-
sels, stamping and gauging of the same, with the fees and privileges
thereof ; and with the power and privilege of choosing, nominat-
ing, and presenting ministers and chaplains to the saids churches
and chapels, and for others particularly and generally above-writ-
ten ; with all the liberties, privileges, and pertinents of the same,
by the said provost, baillies, dean of guild, threasaurer, and coun-
cil, burgesses and community of our said burgh of ABERDEEN,
and by their successors, of US and our SUCCESSORS , in a
FREE ROYAL BURGH, FEE, HERITAGE, FREE BUR-
GAGE, FREE OFFICE of SHERIFF, FREE OFFICE of
CORONER, and FREE JUSTICE of PEACE, within the
bounds aforesaid, FOREVER. By all their righteous meiths, an-
cient and divided , as the same lye in length and breadth, in houses,
biggings, heights, plains, muirs, marishes, ways, gates, waters,
stanks, rivers, meadows, pastures and pasturages, mills, multures,
and their sequels ; huntings, fowlings, fishings, peats, turfs,
quarles, quarleheughs, cunningairs, doves, dovecoats, smiddys, malt-
barns, breweries, and whins, brooms, woods, bushes and shrubs,
trees, joists, stone-quarries, stone and lime, with courts and their
issues, fines, herezelds, bloodwits (et mulierum merchetis) with
common pasturage, free ish and entry, and with PIT and GAL-
LOWS, sok, sak, thoill, theme, vert, wreck, waith, wair, vermison,
infang thieff, outfang thieff, pit and gallows ; and with all and
 103

sundry other liberties, advantages, profits, easements, and just per-

tinents thereof, whatsoever, as well not named as named, as well
under the earth as above the earth, far and near, belonging, or that
may belong to the foresaid lands, burgh, and others, respectively par-
ticularly above-written ; with all and sundry the privileges and per-
tinents thereof whatsoever, above-mentioned, for the future ; freely,
quietly, fully, wholly, honourably, well and in peace, without any re-
vocation, contradiction , impediment, or obstacle whatsoever. PAY-
ING THEREFORE YEARLY the saids provost, baillies, dean of
guild, threasurer, council, burgesses, and community of our said
Burgh of ABERDEEN, and their successors, to us and our succes-
sors, and our threasurers and comptrollers in our names, the sum
of two hundred and fourteen pound, six shilling, eight pennies,
usual money of our said kingdom of SCOTLAND, as the ancient
duty and maill and augmentation thereof, for the BURROW-
MAILLS of our said burgh, used and wont to be paid, and re-
ceived and allocate in our exchequer by the auditors thereof yearly
in times bypast, at the terms of payment used and wont, in name
of BURROW- MAILL, according to the tenor of the said last in-
feftment of the same, specially above-mentioned. AS ALSO, for
the said offices of SHERIFF, CORONER, and JUSTICE of
PEACE, and other jurisdictions above-specified, due and lawful
administration of justice, in the same offices and jurisdictions in all
times to come, together with BURGAGE SERVICE used and
wont ONLY, for all other burden and exaction, which can or may
be anyways justly exacted or required of the foresaid burgh, and
others above-written, with the pertinents, by any whatsoever.- IN
WITNESS WHEREOF, we have commanded our great seal to
be appended to this our present charter of confirmation . WIT-
NESSES-the most reverend father in Christ, and our beloved
counsellour, JOHN, ARCHBISHOP of SAINT ANDREWS,
and our chancellor, our beloved cousins and counsellours, JAMES,
MARQUIS of HAMILTON, earl of Arran and Cambridge, lord
Aven and Innerdale, &c.; ROBERT, earl of ROXBURGH,
LORD KER, of Cessford and Caverstoun, &c. keeper of our privy
seal ; WILLIAM, EARL of STIRLING, viscount of Canada ;
LORD ALEXANDER, of Tillybodie, &c. our secretary ; our
beloved familiar counsellours, SIR JOHN HAY, of Barro, clerk
of our rolls, register, and council ; JOHN HAMILTON, of Or-
bieston, our justice-clerk ; and JOHN SCOT, of Scotstarvet,
director of our chancery, knights,-AT OATLANDS, the ninth
 104

day of the month of September, in the year of our Lord one thou-
sand six hundred and thirty-eight, and the fourteenth year of our
reign.

SEALED at Edinburgh, the 10th of October, 1638, in absence

of ANDREW HAY (sic subscribitur), JOHN DAVIDSON.
-WRITTEN to the great seal, nono October, 1638, (sic sub-
scribitur), ScoTSTARVET.
At Aberdeen, the 16th day of May, 1656, produced by Mr.
JAMES SANDILANDS , town-clerk of the said burgh, and
ane minute thereof taken and recorded in the books of exche-
quer, conform to the severall acts and proclamations made
thereanent by me (sic subscribitur ) , W. PURVIS.
 105

APPENDIX.- No. V.

EXTRACTS

FROM

A REPORT ON THE GUILDRY OF DUNDEE, 1815.

*
IN 1325, King Robert Bruce granted to Bernard Abbot of Aber-
brothock, the Chancellor of Scotland, and to Alexander Frazer, the
Chamberlain, a commission to ascertain the rights and privileges
which the citizens of Dundee had possessed in the time of Alexander
the Third and the kings his predecessors. These commissioners ac-
cordingly examined , on oath, nine respectable burgesses of Berwick,
Aberdeen, St. Andrews, Forfar, Aberbrothock, and Montrose ; and
reported to his Majesty, that the burgesses of Dundee had formerly
enjoyed the liberty of buying and selling by land or water, with a
merchant gild, and all the privileges and immunities enjoyed by the
burgesses of the other free boroughs of Scotland. This commission
and report, on which the charter of King Robert the First proceed-
ed, are the most venerable fragments of antiquity now extant in
the records of the borough. It is manifest from them, that the
burgesses of Dundee had previously possessed the right of erecting
a gild or guildry ; but there is no evidence that the right was ex-
ercised till the year 1515. On the contrary, the style of the docu-
ment entitled the " merchandis letter," discovered in the Guildry
records, seems clearly enough to show, that whatever privileges of
trade the merchants of Dundee might have enjoyed in common
with other merchants, it was not till 1515 , the date of this docu-
ment, that they were regularly formed into a corporation. The
" merchandis letter" is in the form of a contract between the
whole merchants of Dundee and the Magistrates and Council :
The former body became bound, by a tax on merchandise, to raise
money for the support of the " haile bluid altar, situate in the
south ile of the paroche kirk ;" the latter, to consent that the mer-
chants or Guildry should be formed into a corporation- that the
Dean should be elected by the majority of the merchants- that he
should be collector of the " haile bluid siluer," and should exercise
0
 106

the powers and privileges pertaining to a Dean of Guild, according

to the Guildry Statutes and the Borough Laws. This, then, was
the proper origin of the Guildry in Dundee. *
*
The Committee shall again recur to the clear precedent of Ar-
broath. A guildry was granted to that borough by a charter of James
the Sixth ; but, probably from the insignificance of its commerce, and
the fewness of its merchants, the right lay dormant till the beginning
of last century ; when the Magistrates and Council found it neces-
sary to apply to the merchants for money to improve the harbour.
The supplies were granted on a condition with which the Magis-
trates complied, that a Guildry should be created , with power to
elect a Dean by the universal suffrages of the corporation.
*

Thejust CopyofMerchandis Letter ofye Brugh ofDundee, A.D. 1515.

Be it kend till all men, be thir present letters, we, ye collector
of ye haile bluid silwer, and whole merchandis of ye brugh of
Dundie, with one consent and assent, for vs and our successoris,
merchandis present and for to cum, frielie and irrevocablie to have
giwen and granted, and be ye tenour of thir lettres giwes and
grantis for ws and our successoris, with ye full consent of ye Pro-
vest, Baillies, Counsell, and comminalite of ye said brugh, to ye
loving of God Almichtie and of his pretious bloode, and to his
blessed mother ye Virgine Marie, and to ane chaplaine daylie to
sing and say devine serwice, at ye haile bluid alter, situat in ye
south ile of ye paroche-kirk of ye said burgh, and for ane singing
mess solemnlie ilk Thursday, and honor of ye haile bluid of our
Lord Jesus Chryst, continualie to be singing at ye said altar,—thir
contributionis, dewties, wnderwretten. That is to say, in ye ferst,

* The haly bluid altar was suported in Aberdeen by other means.

20th Oct., 1522.-" Curia balivorum burgi de Aberdene, &c. The said
day it was deliverit be ane sworne assize yt Johne Watsone had strublit Andro
Brabner, and the said Andro quit of all strublance of the said Johne. For the
quhilk the said Johne was amerciat of the Court, and to amend as law wull,
and forbeir in tyme to cum, and yt was given for doume : And for ye
mendis ye said Johne was chargit be the Provost and Counsall to ask the said
Andro forgiveness, and to pay to the haly bluid lyght ij lb of wax, and giff
ever he committs sic ane falt in tymes cuming till ony burgess of Gild to pay
v merks unforgiven ."
 107

yat we sull have power, with ye whole bodie of ye merchandis or

most part of this brugh, zearlie to chose ane Deane of Gild ; ye
whilk Deane of Gild sull hawe power of collectorschip of ye haile
bluid siluer, and wther duties of ye haile bluid ; and till exerce,
hant, and vse ye office and awthoritee perteining to ye Deane of
Gild, according to ye statutes of ye Gild and ye burrow-lawes.
The whilk Deane of Guild sall have power be him and his factores
and procuratoris on yis side of ye sea, or bezond ye sea, to gather
and tak vp fra ye merchantes, and ilk ane of yem beyond ye sea in
Zealand or in Flanders, twelf gryt of ilk seck of guid, ane gryt of
ilk stick of cloth, and ane gryt of ilk barrell guid , and ane gryt of
ilk kip of hydes, and of all wther guides seclyk effeirand yairto.
And yis to be taken of all guides laidned or passand from ye port
of ye said brugh, and till all wther landis, French, Dantzick, Den-
marck, and all wther partis, in monie of ye land effeirand yairto,
to seck, pock, stick of cloth, barrell and other guidis ; and yis als
long tyme to be taken vp as ye whole merchandis thinkis expedi-
ent be taken vp in wther pairtis, to ye reparation of ye said altar,
and vphold of ye said seruice, as said is ; and when ye whole bodie
of ye merchandis or ye most part of them thinkis not expedient
yat ye said dewties be not taken vp in Flanderis, and wther pairtes,
as said is, than yui sall gieve heir ane weeklie pennie Scottes mo-
ney to be gathered in ye said brugh, be ye said Deane of Guild, or
his factoris or procuratoris, of ilk merchand and seller ; to be ga-
thered at four tearmes in ye zear quarterlie . And ye said Deane
of Gild, or his factores, till have power to poind and distrenzie the
holderis of ye said dueties on ye zon side of ye sea and on yis side
of ye sea, and siclyke for all wther dueties perteining to ye haly
bluid, but any officiar of law, and no cryme to imput yairthrow.
Alsua, that all merchandis settand vp ane buith within this brugh,
at ye first upsett of ye buith, sall pay
to ye Deane of Gild foirsaid,
and to ye reparation of ye said altar, fourtie schillingis ; except
freemen's sones, the whilk sall pay six schillingis aucht pennies,
yat is borne within yis brugh, for yair buith upsett. And giff it
sall happen ony merchand to begin to pack and peil yair geare, or
any wtheris within this brugh, at thaire first entrie, ilk ane to pay
sex schillingis aucht pennies ; exceptand freemen's sones of yis
brugh, ye whilk sall be free yairof ; and als oft any owt burges
packis and pellis within ye town, to pay sex schillingis viiid., to ye
effect foirsaid. Alsua, yat euerie man yat is made gild-brother
within yis brugh, except ane burges sone of yis brugh, sall pay
o 2
 108

to ye said Deane of Gild , to ye effect afoirsaid, sex schillings aucht

pennies, when he is made gild-brother. Alsua, as oft as ye seruand
of ye Gild warnes ony gild-brother to cum before ye Dean of Gild,
and ye leawe of ye brother of Gild, for ye guide of ye said brother,
or gif ye seruand warnis any of yem to gang weeklie with ye holi
bluid bread, als oft as any beis warned yairto, and dissobeyis, and
will not cum, he sall pay two schillingis for ye disobeying, to ye
effect foirsaid ; and gif yat any brother of Gild is merchand at
hame, or beyond ye sea, till any wther man nae dwelland within
yis burgh foirsaid, als oft as yai be tantit or conwict yairwith, to
pay at hame in Scotland ye sowme of fywe markis usuall money of
Scotland, to ye effect foirsaid. Alsua, yat nane merchand, drepar,
nor cheapman, stand with his marchandice in ye Hie Mercat-Gate
without his easedrop , but on ye mercat-day, under ye paine of
fourtie schillingis, to be paid to ye said Deane of Gild, as oft as he
beis tant yairwith, to ye said effect. Item, That na schip be
frachted within this brugh without ye advyce of ye Deane of Gild
foirsaid, be no merchand of ye seamen ; but yat ye said Deane be
present yairat. Atour, yat no Gild brother be made Gild brother
but yat ye said Deane of Gild sall be continualie yrat, and ilk one
of them ; and yai be made with his advyse, aud first examned be
ye said Deane, giff yai be worthie yairfoir or nocht. And we, thir
merchandis underwrittene, for ws and ye leawe of ye merchandis
of yis brugh and our successoris, merchandes of ye samen, con-
sentis, conferms, ratifies, and approves ye foirsaid pointes and
articles in all thinges, for ye good honour, and reparation of ye said
altar, and vphold of ye saide chaplaine,-That is to say, Alex-
ander Ogilvy, James Rollock, Andre Abercrombie, James Hay,
George Rollock, Alexr Lowell, James Fletcher, Alexr Fletcher,
Mr James Kyd, Alexr Kyd, James Boyce, James Wedderburn,
Jhone Lawson, Robert Carmanow, Jhone Cowstoun, Walter Twllo,
James Fotheringhame, Jhone Richardsoun, Thomas Zoung, Robert
Clerk, George Buttergeis, Andro Porter, Jhone Smith, Robert
Walker, James Thomesoun, Jhone Cheild, Thomas Pyot, Walter
Jamesoun, Dauid Guild , Robert Miln, Jhone Aird, William Gray,
and Jhone Ramesay. In witnes of ye weilk thing, and in token
of ye confirmatioun and ratificatioun of all and syndrie thir pointes
and articles abovewretten, and vphold of ye said service and
cheplane, be ws and ower successoris, to be maintained and autho-
rized in tyme cuming, and ye said controbutionis and dewties to
be gatherit, as said is, the Provost, Baillies, Counsell, and comuna-
 109

litie of ye said burgh, hes appensed to, yair commoun sealle of ye

said brugh to yir letteres, at Dundie, ye tent day of October, ye
zeare of God ane thousand fywe hundret fyftein zeires, befoir
yir witnes, Alexr Ogilvy, Andro Abercrombie, James Hay, Alexr
Lowell, Mr Dauid Craill, Robert Heres elder, and Robert Heres
zounger, notar publict. ( A true copy, &c. )

Translation of the Charter of Confirmation of the Rights and Privi-

leges of the Guildry of Dundee, A.D. 1526.

JAMES, by the grace of God King of Scots, to all honest men of

this land, clergy and laics, greeting. Know ye, that we give and
grant the foundation and erection of a chaplain at the holy blood
altar, situate in the south aisle of the Parish-Church of our
borough of Dundee, made by the collector of the holy blood silver
and whole body of the merchants of the said borough, for them-
selves and their successors, with consent of the Provost, Bailies,
Council, and community thereof, for saying mass at the said altar,
in honour of the holy blood of our Lord Jesus Christ ; for certain
duties and contributions, and under the conditions, circumstances,
and rules, specified and contained in the said foundation ; which,
by our command, is read, seen, inspected, and duly compared, be-
ing whole and entire, not vitiated or razed, or anywise suspected,
and is known to be at full length, in this form :
[Verbatim as in the Merchandis Letter. ]
Which foundation and erection, we, for us and our successors,
ratify, approve, and for ever confirm, in all points, articles, condi-
tions, and circumstances whatsoever, and in form and effect, and
in all things as above premised ; saving to us and our successors
the prayers of the said chaplain and his successors only. In testi-
mony whereof, to this our present confirmation and erection, we
have ordered our great seal to be appended ; before these wit-
nesses, —the most Reverend Fathers in Christ, Gavin Archbishop
of Glasgow, George Bishop of Dunkeld, Keeper of our Privy Seal,
Gavin Bishop of Aberdeen, Clerk of our Council, Registers, and
Rolls, our beloved cousins Archibald Earl of Angus Lord Douglas,
James Earl of Arran Lord Hamilton , Malcolm Lord Fleming, and
the Venerable Father in Christ, Patrick Prior of the Metropolitan
Church of St. Andrews, our Secretary.- At Edinburgh, the 17th
day of the month of July, in the year of our Lord 1526, and of our
reign the thirteenth.
 110

Regulations of the Dundee Guildry, adopted 19th March, 1818.

RESOLVED and enacted, that from and after the 19th day of June
next, the dues of admission to this incorporation shall be as follow : *

1. Guildbrother by purchase or original entry for self and poste-

rity, as enacted by the Magistrates, shall be continued . £20.
2. Guildbrother by purchase or original entry, for life, £ 10.
3. That Guildbrethren entering for life, at £ 10, may afterwards
extend their privilege to their posterity, on payment of £15 addi-
tional.
4. Guildbrother in right of father or wife's father, £2 10s.
5. Guildbrother in right of apprenticeship, the intrant having
served a Guildbrother five years under indentures, £5 ; one half
of which sum to be paid at the commencement of his indentures,
and the other half when he commences business, and receives his
ticket of admission.
6. The intrants to pay, over and above the foresaid dues, the
necessary stamp, besides 7s . 6d. to the Clerk of the Guildry.
7. That it shall be lawful for the Dean of Guild and Assessors
to grant licenses to persons to carry on trade by wholesale or retail,
within the borough, on payment of an annual sum to the Guildry
fund, not exceeding 40s. , in the discretion of the Dean of Guild
and Assessors, according to the ability of the applicants ; with this
express understanding, that such annual payments shall not entitle
the persons so licensed to any of the other privileges of the incorpo-
ration than the disposal of their goods within the borough ; and that
if any of them shall afterwards apply to be entered as a Guild-
brother, the full dues of admission shall be exacted, as if no such
annual payments had been made.
8. That all apprentices under indentures for five years, and
whose indentures are now current, shall , on production of their in-
denture within three months from this date , be admitted at the
old rates, whether they have observed the rule of paying half these
dues at the commencement of their indentures or not.

* Applicants must first be entered as Burgesses, and pay besides to the Town
Council for the Common Good,-Extraneans, £ 20 ; Sons, and Sons-in -Law
of Burgesses, £4.
 111

Notice to the Guildry.- Extract from Minutes of the Dean of Guild

and Assessors.
66
Dundee, March 19, 1818.
" As many inaccuracies happened regarding the admission of
members in former times, the Meeting unanimously resolved, that, in
future, the same forms shall be observed in the admission of Guild-
brethren as are observed by the Town Council in the admission of
Burgesses, to wit, the applicant for admission shall, in the first
place, deposit the dues of admission with the Collector, and re-
ceive a common stamped receipt for the amount. He shall then
produce that receipt to the Clerk of the Guildry, who shall lay the
same before the first meeting of the Guild Court, along with the
Burgess-ticket of the applicant : who shall then be admitted ; and
the form of admission shall be written on the back of the Burgess-
ticket and subscribed by the Dean of Guild, or the Preses of the
Guild Court for the time, and the entry shall at the same time be
recorded in the minutes of the Meeting.
“ The Meeting unanimously agreed, that all apprentices enter-
ing in consequence of the resolutions of the General Meeting of
this day, shall pay to the Clerk seven shillings and sixpence, as his
dues of recording the indenture ; over and above seven shillings
and sixpence which they will also have to pay when they receive
their tickets of admission to the Guildry.
" The Meeting also unanimously agreed, that all intrants, on re-
ceiving their tickets of admission , shall pay seven shillings and
sixpence to the Clerk for writing the ticket of admission and enter-
ing the admission on the records.
" The Meeting unanimously agreed, that the dues presently
paid to the Dean of Guild officer shall be continued, namely,
three shillings and fourpence for each posterity freedom, and one
shilling and eightpence for each life freedom.
" The Meeting unanimously agreed, that, in the spirit of the
resolutions of this day, persons who have served his Majesty, and
are thereby free for their own lives, shall be admitted members of
the incorporation for their posterity, on payment of fifteen pounds
sixteen shillings and eightpence ; which, with the value of their
life freedom,-being four pounds three shillings and fourpence, -
is the full amount of the dues of admission for posterity. But
persons claiming admission under this act of the Guild Court must
produce satisfactory evidence that they have served his Majesty,
and been regularly discharged .”—Extracted from the Records of the
Guildry.
 112

APPENDIX.- No. VI .

NOTES
RELATING TO THE GUILDRY OF ARBROATH .

Bythe Charter of the Burgh of Arbroath, dated 1599, it is erected

into a free Burgh, to have Provost, Bailies, Dean of Guild, Coun-
cil, and Trades. Originally, however, there was no Guildry, or
Dean of Guild in the Burgh, and it was governed by Provost,
Bailies, and Council. In the year 1725, in consequence of an
agreement betwixt the Magistrates and Council on the one part,
and the Merchant Traders on the other, a Guildry was erected
with power to the Members of the Guildry to elect a Dean of Guild
and Council out of their own number, and to establish a fund dis-
tinct from the funds of the Burgh, and to this agreement the
Committee of the Convention of Royal Burghs gave their Assent
or Ratification , 6th September, 1725.
In conformity to the Original Constitution of the Guildry of
Arbroath, the Election of Office-bearers, the management of the
Funds, and every other part of their powers and jurisdiction, were
for sometime exercised by the Guild Brethren, independent of the
Magistrates and Council, but that body soon encroached upon these
privileges, and by degrees assumed to themselves the nomination
of the Dean of Guild, and the complete management of the Guil-
day Revenue.
This gave rise to an Action of Declarator before the Court of
Session, at the instance of a number of Guild Brethren, against
the Magistrates and Town Council, and after much litigation ,
the Court of Session found, " That by the Act of the Town Council
of Arbroath, dated 13th April, 1725, and the Act of the Commit-
mittee of Royal Burghs, ratifying the same of date, 6th Septem-
ber said year, the Members of the Guildry have right to elect their
Dean of Guild and Treasurer, and may either choose one of the
Members of the Town Council to be their Dean of Guild, or one
out of the Council, as they shall think fit ; and found that the
Magistrates and Town Council of Arbroath, have no right to elect
the Dean of Guild and Treasurer to the Guildry. Found, that
the Pursuer, Robert Wilkie, the present Dean of Guild, is ex
 113

officio, a Member of the Town Council of Arbroath , and entitled to

a seat, and vote therein in the same manner as any other Coun-
cillor of the said Burgh. Found that the Members of the Guildry,
by themselves alone, have right to manage their own funds, and
that the Magistrates and Town Council are not entitled to manage
the same, and Decerned and Declared accordingly."
Since the date of the said Decree , the Guildry of Arbroath have
enjoyed all the exclusive privileges of a body corporate ; and no at-
tempts have been offered to alter its constitution , or to interfere
with the Guildry Funds, which since then have been managed by
the Dean, Treasurer, and a Council of Nine Members, elected an-
nually by the Guild Brethren at Michaelmas. The Guildry Funds
are valued at about One Thousand Pounds, and the income is prin-
cipally appropriated in charity to decayed Members and Widows
of Guild Brethren .

Act of the Town Council of Arbroath, anent a Dean of Guild and

Guildry. *

At Aberbrothock, the fourteenth day of December, seven-

teen hundred and twenty-four years, being Munday,

CONVEENED- William Wallace, present Provost, [here follow

the names of the Bailies, and the rest of the Town Council, ] all
Councillors of the foresaid Burgh,

WHICH day the Provost produced an address, dated the ele-

venth instant, to the Magistrates of Aberbrothock, by the Mer-

* In answer to an enquiry regarding the allowances granted by the Guildry

in Arbroath, a correspondent states, “ These are at present small, but may in
future be increased considerably, the funds being relieved from a considerable
annual expense consequent on the discharge of the ' judicial functions' of the
Dean ; such as the salaries of a legal Assessor and Guildry Officer- the keeping
a standard of Weights and Measures- and the expense of occasional surveys of
the Weights and Measures in use within the Burgh ; all which must in
future be borne by the town's funds, as the Reform Act has in this and
the other smaller Burghs vested these functions in a person elected by the
Town Council."
P
 114

chants of the said Burgh, which was publickly read ; and the Ma-
gistrats and Councill mett, unanimously APPOYNT that the
Merchants may first condeshend amongst themselves what sum
they will borrow on their own credit, for helping to build the
New Peer, and give in their report to the Councill, and thereafter
their adress shall be ansuered. AT ABERBROTHOCK, the
Threty-first day of December, MDCC and twenty-four years, being
Thursday,-CONVEENED , William Wallace, present Provost, &c.
&c. all Councillours of the said Burgh, WHICH day the Adress
of the Merchants was again produced and read, and it was put to a
vote whether it should be intimate by publick bank to the inha-
bitants to come into the town house, any day betwixt and the fif-
teenth day of January next, to come by ten and twelve in the fore-
noon, and two and four hours in the afternoon, in order to inroll
themselves in the terms, and conforme to the said Adress ; And it
was carryed by plurality of votes , that it should be intimate by
publick bank, this day, in the terms forsaid, and after so inrolling,
the Magistrates and Councill, are to go on with the measures of
the Adress, providing they are satisfied with the sum the Mer-
chants will give for the building of the new harbour, mentioned
in their said Adress, after the said fifteenth day of January. AT
ABERBROTHOCK, the fifteenth of March, MDCC and twenty-
five years, being Munday-CONVEENED, William Wallace, pre-
sent Provost, &c. &c. all Councillours of the said Burgh, WHICH
DAY, the Provost produced in face of Councill, the Resolutions
of the Merchants , and other inhabitants of the foresaid Burgh,
(to be publickly read , which was accordingly done), whereof, the
tenor follows, word by word : ABERBROTHOCK, the fifth day
of March, one thousand seven hundred and twenty-five years, the
Resolutions of the Merchants and other inhabitants of the said
Burgh, who, upon subscribing a shedule before the day of
January last, were capable, by an Act of the Magistrats and
Town Councill of enjoying the preveleges, freedoms, and immuni-
ties of Guild Brethren and Free Traders, Eodem Die, sederunt,
Patrick Wallace, late baillie ; Mr. Robert Dall, Mr. John Philip,
William Wallace, late baillie, Robert Renny, Harry Maul, John
Gellatly, John Webster, John Mitchell, John Renney, late trea-
surer, Mr. Patrick Dalgaty, John Stevenson, Thomas Wallace,
junior, James Hunter, late baillie, John Mann, all merchants ;
Mr. James Maull, Doctor of Medicine ; David Guthrie, clerk to
the regality of the said burgh ; John Shepherd, convener of the
 115

trades ; John Gillespie, shipmaster ; David Mudie of Gilchorne.

The said Patrick Wallace being ellected Præsses. RESOLVED,
That upon the Magistrats and Town Councill giving them a right
to Guildry and free trading, as they are impoured to doe by their
Charter of Erection of Royalty, and upon their getting the same
hommolegate and confirmed by the Convention of the Royall
Burroughs at their next Meeting : They, the saids Merchants
and others foresaid, shall raise upon Trade and Trading persons
within the Burgh the sum of Five hundred pounds Sterling, to be
employed for building a new harbour to the said burgh, and
they appoynt Tuesday the ninth instant for their next Meeting,
then to concert proper measures for uplifting the said sum . Sign-
ed at the desire of the Merchants and others above-named, by (sic
subscribitur) Pat. Wallace. ABERBROTHOCK, the ninth day
of March, One thousand, seven hundred and twenty-five years,
Sederunt, Mr. Robert Dall, Mr. John Philip, William Wallace,
late baillie ; Robert Renny, James Wallace, Harry Maull, John
Gellatly, John Webster, John Mitchell, John Renny, late trea-
surer, Mr. Patrick Dalgaty, John Stevenson, Thomas Wallace,
sen., Thomas Wallace, jun., John Sturrock, merchants, Mr. James
Maull, doctor of medicine ; David Guthrie, clerk to the regality;
John Shepherd, conveneer ; James Rattary, Cherurgeon ; John
Montgomry, indweller ; Walter Ramsay, decon to the wrights ;
Patrick Wallace, Cherurgeon ; William Ritchy, decon to the
tailiours ; William Adam, decon to the weavers ; James Cowie,
decon to the smiths ; Alexander Spink, mariner ; Patrick Ogil-
vy, dyer ; James Grant, shoemaker ; John Mann, merchant ; Her-
culus Low, mariner ; David Mudie of Gilchorne ; Mr. Robert
Dall, elected Præses. The Resolutions of the former Sederunt
being considered, RESOLVED, that the present Conveener of
the Trades, with any three of the Decons, he shall pleas to nomi-
nat, James Philip of Almyrycloss ; John Spink, late baillie ; Mr.
John Philip, Mr. Robert Dall, James Wallace, Patrick Wallace,
senior, John Gellatly ; David Guthrie, William Wallace, John
Webster, Thomas Wallace, senior, Mr. Patrick Dalgaty, Harry
Maull, Robert Renny, Mr. James Maull, John Mitchell, James
Hunter and James Doig, late baillies, and the major part of them
to be a quorum, shall be a Comitee of the Merchants and other
inhabitants capable of being Guild Brethren ; and that they or
their quorum shall have power to fall on ways and means for rais-
ing the sum of five hundred pounds sterling, agreed to in the last
P 2
 116

meeting on trade and trading persons, for building a new harbour

in this place ; and the Members of this Meeting do Appoynt Mr.
Robert Dall , Mr. John Philip, Doctor James Maall , James Wal-
lace, and John Shepherd, to acquant the Magistrates and Coun-
cill with these Resolutions, and humbly to desire them to interpon
their authority therto ; and they APPOYNT their next Meeting
to be on the Sixteenth instant, signed by order of the Members of
the Meeting, by me, (sic subscribitur) Ro. Dall, P. The same day,
the Magistrats and remanent Members of the said Toun Councill
met, with an unanimous vote thought it convenient that the Mer-
chants and other Inhabitants above narrated, should first give in to
the said Magistrats and Toun Councill, an scheme how and what
way they are to raise the foresaid Five Hundred Pounds, for the
above use ; And thereafter, if the way and mean they lay on their
impositions pleas them, their desire shall be answered. AT
ABERBROTHOCK, the nineteenth day of March, MDCC and
twenty- five years, William Wallace, Provost, & c. &c. all Coun-
cillours of the said Burgh CONVEENED, which day the Magis-
trats and rest of the Members of the Toun Councill of Aberbro-
thock, Approves and Authorizes the two Resolutions fully insert
in the last Sederunt of Councill, given in by the Merchants and
other inhabitants of the said Burgh ; And as for the ways and
means for raising the sum of five hundred pounds, sterling monie,
for building of the new harbour of this place (that is, res integra,)
they are to have such Regulations and Measurs as the Magis-
trats and rest of the Councill, and the Merchants and other inha-
bitants shall think fitt and proper. AT ABERBROTHOCK ,
the thirtieth day of March, seventeen hundred and twenty-five
years ; Which day, Conveened, William Wallace, Provost, &c. &c.
all Councillours of the said Burgh, which day, Mr. Robert Dall,
Merchant, produced for himself and other Merchants, &c. Reso-
lutions following word by word, which are appoynted by the Ma-
gistrats and Councillours to be here recorded and inserted, and are
hereby sustained and allowed , and approved of by the whole Coun-
cil Conveened. ABERBROTHOCK, the Thirtieth of March,
Seventeen Hundred and Twenty-five, Sederunt, Mr. Robert Dall,
Præses, Mr. John Philip, Thomas Wallace, senior, William Wal-
lace, baillie, Patrick Wallace, senior, Mr. James Maull, John
Gellatly, Harry Maull, James Doig, late baillie, David Guthrie,
John Webster, Mr. Patrick Dalgaty, Robert Renny. The Com-
itee having seriously considered of the most effectual and easy .
 117

ways and means for raising the sum of Five Hundred Pounds ster-
ling on trade and trading persons to be employed for building a
new harbour at this place, have come to the following Resolutions,
viz.; each trading Merchant to foreign Countries shall insert in
the Guildry Book their common subscription, betwixt and the 15th
day of May next, and thereupon to pay six pounds scots—each in-
land Trader shall upon their subscription as above, pay three
pounds scots-all others who design to enjoy the privileges of
Guildry are to subscribe the said Book as above, and therupon to
pay one pound ten shilling scots . All they who have not sub-
scribed the Shedule mentioned in the Sederunt of the Merchants,
&c. of date the fifth of March last, shal upon their admission into
the Society of Guild Brethren, pay fourty pounds scots each-
each Ship comeing to this port from France, Holland , the Baltick
Sea, or any foreign part of a greater distance from this, (the Ports
of Norway excepted ) shall pay ten shilling scots per tunn-
each ship comeing from Norway or Ireland shall pay five shilling
.
scots per tunn- each Barrel bulk from England shal pay twelve
penies scots- Corns imported from foreign Countries shall pay as
follows :-Wheat, two shilling scots per boll- Rye, one shilling
scots per boll - Bear, Pease, and Beans, one shilling scots per
Corns imported coastways from any place in Brittain shal
pay as follows, viz.- Wheat, one shilling per boll- Rye and Bear,
Oats, Malt, and Pease, six penies per boll-Meal, four penies
scots per boll -all other goods imported ( fish excepted ) shall pay
one peny scots on the pound scots. All retailers by Land Carriage
shall pay six shilling scots upon sixty pounds scots. Each boll of
great Coalls imported to pay one shilling and four pennies scots→→
each boll of small Coalls shall pay six pennies scots-each boll of
lime two pennies scots-each boll of salt one shilling and sixpennies.
EXPORT. - Small Sclaits exported, per thousand, five shilling
scots-great Sclaits, per thousand, eight shilling scots- wet Fish,
Harrings, &c. exported or transported, one shilling scots per ba-
rill, great Cod and Linge, dryed and exported or transported per
hundred, three shilling scots- Beef, Pork, Tallow, Butter, &c.
per barill, one shilling scots- Skinns of all kynds to pay six shil-
ling scots upon sixty pound scots of value-Lintseed, Rapseed,
exported or transported, to pay two shilling scots per boll- Small
Cod, dryed, and exported or transported , one shilling scots per
hundred- Every bag of brune Linning, exported or transported
to pay one pound and four shilling, the bag not exceeding fifteen-
 118

hundred ells—Wheat, exported, one shilling scots per boll-Rye,

Bear, Pease, Malt, and Oats, six pennies scots the boll - Meal ,
four pennies scots the boll, in case it go to foreign parts ; and if
coastways, the half. Each Bark belonging to the Town, of an
standing top saill, shall pay six shilling and eight pennies per
voyage- each veshell with two standing top saills, thirteen shil-
ling four pennies scots-each small veshell with flying top saill,
fyve shilling scots-each open boat, four shilling scots-each
fishing boat , per annum, one pound ten shilling scots-each
bark or boat unloading Coalls, Lyme, or Salt, or other Goods
at, or exporting Sclaits, Corns, &c. from the East or West ha-
vens, or any other place betwixt Lounan Water and the Sand
of Barry, if upon the Skipper or Merchant of the Town their
account, shall pay as above ; every stranger is to pay the double of
the above dues, the imposition upon the Barks excepted. Sign-
ed, by order of the Commitee, day and place foresaid, (sic subs-
cribitur) Ro. Dall. AT ABERBROTHOCK, the thirteenth day
of April, seventeen hundred and twenty-five, being Tuesday, con-
veened, William Wallace, present provost, &c. &c. all Council-
lours of the said Burgh ; Which day, the Provost proposed, in face
of Councill , whether an Dean of Guild should be chosen of or in
the Councill, or one out of the Council ; And it was carried by plu-
rality of votes, that an Dean of Guild should be chosen of one of
the Members of the Town Councill, or out of the samen as the
Guild Brethren shall think fitt ; and he is, ex officio, an Councillour ;
And the Guildry are to enjoy the priviledges that Pearth, Saint
Andrhus, Dundee, or Brechin have, as the Town Councill shall
see fittest. Extracted by (sic subscribitur) ALEX. DOIG, clerk.

Ratification by the Convention of Burghs, of the Charter to the

Guildry of Arbroath.

Edinburgh, the Sixth of September, One thousand seven

hundred and twenty -five years.

THE WHICH DAY the Annual Committee of the Royal

Burrous taking to their consideration a Petition presented to the
last General Convention from Patrick Wallace, Merchant in Aber-
brothock, for himself, and as having commission from the other
 119

Merchants in the said Burgh, SHEWING, That by Charter of

Confirmation granted to the said Burgh, by King James the Sixth,
they were Incorporated and Erected into a free Burgh Royal,
WITH POWER to the free Burgesses and Inhabitants thereof to
choice Provost, Baillies, Dean of Guild, Gild Brethren Counsillors ,
and other Officers necessary for governing the said Burgh : And
that, notwithstanding the said Charter expressly names a Dean of
Gild and Gild Brethren, yet the government of the said Burgh has
ever since been only by a Provost, Baillies, Treasurer, and Coun-
cill, to the great loss of the tradeing people within the same, who
are destitut of these rules and regulations in Trade which properly
belong to the Office of a Dean of Gild and Gildry : AND ALSO
SETTING FURTH, That upon the Merchants advancing a cer-
tain sum of Money for building a Peir and Harbour in the said
Burgh, which lyes very commodious for trade, the Magistrats and
Toun Councill had made ane Act of their Toun Councill, dated
the thirty-first of April last, for establishing a Dean of Gild and
Gildrymen within the same, after the modell, and with the like
pouers and priviledges that the Burghs of Pearth, Dundee, St.
Andrews, or Brechin, doe enjoy the same, AND THEREFOR
CRAVEING the Convention would Ratify the said Act of the
Toun Councill, and Ordain a Dean of Gild to be chosen against
the usual time of election, who is to be a Councillor ex-officio, and
also to choise Gildrymen in the manner set furth in the said Act
of Councill, and as any of the fore-named Burghs doe enjoy the
same : And the Annual Committee having also considered the
thirtyeth Act of the last Annual Convention , whereby the fore-
said Petition was remitted to them, and they impoured to grant
the desire thereof, upon their being satisfyed of the unanimity of
the Inhabitants for the erecting and establishing a Dean of Gild
and Gildry in the said Burgh : And the Annual Committee being
now satisfyed by the Report of George Ramsay and John Doig,
Commissioners for the Burghs of Dundee and Brechin, to whom
the inquiry into the said matter was remitted by the Convention,
That the haill Inhabitants have unanimously agreed to the Erec-
tion and Establishing a Dean of Gild and Gildry in the terms of
the said Act of Council, THEREFOR the Annual Committee of the
Royal Burrous Doe hereby RATIFY and APPROVE of the above
mentioned Act of the Toun Council of Aberbrothock, for erecting
and establishing a Dean of Gild and Gildry in the said Burgh, in
the terms and according to the model of the Burgh of Brechin,
 120

WITH POWER to them to elect the said Dean of Gild at their

next Election of Magistrates in the said Burgh, who is to be chosen
either from amongst the Members of the Toun Councill, or one out
of the same, as the Gildrie men shall think fitt, and who is to be a
Councilour ex-officio, and also to choise a Gild Councill in the same
manner and with the same pouers and priviledges as the Gildry
enjoys in the said Burgh of Brechin.*
Extracted furth of the Records of the Royal Burrous by me,
Mr. Adam Watt, Conjunct General Clerk to the Burrous.
Sic subscribitur, ADAM WATT.

* At Brechin, a Guildry was first established in 1666 , by Commissioners

from the Convention of Burghs. In the Commissioners ' Decreet and sentence
it is said, " And to the main thing in the petition [by the Merchants] whilk is
the upshot of all, that a Dean of Gild, a Merchant trader, be the next elec-
tion, and in all time coming chosen- empowered to create members of Court,
call and keep Courts, it was replyed [by the Magistrates] that, with submis-
sion, in this place since its first erection, there was never such a thing, and no
expedient for it at this time ; this place having no maritime trade considerable,
and without which merchandising has been als much advanced here, and may
be, as if it hade a Gildrie established, and many Burghs being weill with this
want, alsweil as this place." The Commissioners however, decerned " that at
the next election of the Burgh of Brechine, and yearlie at elections in all time
coming in the said burgh, there sall be strictly keipt and observed without the
least change or seeming alteration ; those rules following, towitt : that the
whole number of the Council, Magistrates, and others, who sall have voice,
sall consist of the number of threteen onlie, whereof ther shall be still eight of
the said threteen, such as either have been or are actuall trafficking merchands,
or maltmen who are not incorporate with any other handie craft. And if any
be presently on the Council under the name of merchants or maltmen, yet in-
corporat in any of the Trades, or meits with them, That they are hereby
obliged before they can be leted as Counsellors for the merds, to renunce the
sd trade, both before the Collector, at the Meeting of trades, as also in pre-
sence of the Council ; and that the said threteen shall not leit any to be magis-
trates but those who are merds traffickers ; and that at the said next election,
and in all tyme coming, there sall be chosen out of the said merds counsellors
sua leited, ther Magistrates conform to ther ancient custom, with ane Dean of
Gild and Thsurer, with ane Mr. of the Hospital ; and the said Dean of Gild
is hereby declared invested and impoured alse fully and friely in all respects as
any Royal Burgh of this kingdom, with all the power, rights, and priviledges
that is or can belong therto in anie other Royal Burgh."
NOTE. -It thus appears that the Dean of Guild of Brechin was to be chosen just
as the other Councillors, and not by the Guildry, as in Arbroath.
 121

APPENDIX.- No. VII.

CHARTER

IN FAVOUR OF THE GUILDRY OF MONTROSE, 1817. *

To all and sundry to whose knowledge these presents shall come,

we, Charles Barclay, present Provost of the burgh of Montrose,
William Caird, William Sharp, and George Shepherd, present
Bailies, Thomas Dougal, present Treasurer, and John Brown, pre-
sent Hospital Master, and remanent Members of the Town Coun-
cil of the said burgh, for ourselves, and, as representing the com-
munity of the same, considering that the existence of a Merchant
Guild within the burgh of Montrose has been recognised and ac-
knowledged by the Legislature in the Act passed in the fifty-sixth
year of his present Majesty's reign, for continuing the duty or im-
post of two pennies on the pint of all ale, &c. brewed within the
burgh of Montrose ; by the General Convention of the Royal
Burghs of Scotland, in granting power and authority, by their Act
of the tenth day of July last, to the said Guildry to elect their
Dean, Assessors, Clerk, Treasurer, and Fiscal ; and by the Magis-
trates and Town Council of Montrose, then in office, by their un-
animous Act of Council of the fifteenth day of December, eighteen
hundred and fourteen : Therefore, in confirmation of the said se-
veral proceedings for perfecting the frame and structure of a re-
gular Incorporated Guildry, for endowing the same, and investing
them with the government and controul of their own funds, have
constituted, erected, and incorporated, as we do hereby for our-
selves, and our successors in office, constitute, erect, and incorpo-
rate Thomas Ross, Esquire, present Dean of Guild of the burgh of
Montrose, and all others the members of the Merchant Guild or

* Previous to 1817, the Magistrates and Town Council of Montrose had

the sole power of levying and applying the entry-monies, the rates of which
were, at that time, for a stranger, £ 16 16s.; an apprentice, £ 10 10s.; and a
son, or son-in-law, £8 8s., since which time no advance has been made. Upon
the Magistrates giving up the management of the Guild Funds, they paid over
to the Treasurer of the Guildry £150, in name of unapplied Guild Funds, and
this sum, under the management of the Dean and his Council, has encreased to
between £ 1700 and £1800 . There are 56 pensioners on the list, and the pay-
ments vary from £2 to £6 each, none exceeding or being below these sums.
 122

Guildry of Montrose, as well those already admitted, as those who

may be hereafter admitted Brethren of the Merchant Guild of the
said burgh, into one body, corporate under the name and title of
the " INCORPORATED GUILDRY OF THE BURGH OF MONTROSE,"
under which name they shall have perpetual endurance, and may
sue, and be sued, in the same manner as any other body corporate
so constituted ; and shall be entitled to hold, purchase, and enjoy
lands, tenements, and other heritable property ; also to receive
legacies and donations, to hold goods and chattels, and to invest
money in the government, or public funds, or otherwise, and to
erect buildings for the uses, ends, and purposes of the said Incor-
poration ; with power also to them to make and constitute such
bye-laws, ordinances, and regulations for the management and go-
vernment of the affairs of the said Guildry, and the collecting and
distributing of their funds, as to them shall seem meet, providing
the same be not contrary to the true intent and meaning hereof—
nor repugnant to the laws of this realm. With power to the said
Guildry, at the annual meeting, on the second Wednesday of Sep-
tember, appointed by the Act of the Convention of Burghs, of the
tenth day of July, eighteen hundred and sixteen years, for the
election of the Dean, and other office-bearers, or at any other ge-
neral meeting of the Incorporation , not only to alter or innovate
the said bye-laws, but even to rescind the same in toto, if they shall
see good cause, and to substitue in their places others which shall
appear better calculated to promote the interest and welfare of the
said Incorporation ; it being declared , that when bye-laws are once
adopted, they shall not be altered or rescinded unless at another
general meeting, and only then, after three months' previous notice
of an intention so to do. And for the better managing of the
affairs of the said Incorporation, we do hereby appoint and ordain
that the same shall be governed, directed, and managed by the
Dean of Guild for the time being, and the six persons to be elected
at the said annual general meeting. And at the aforesaid annual
general meeting, or at any special adjourned meeting, or at any
general meeting specially called for that purpose, on three months'
previous notice as aforesaid, all bye-laws shall be made and en-
acted, and the accounts of the said Incorporated Guildry for the
preceding year, shall be exhibited and audited ; and besides the
said annual general meeting, the said Guildry shall have full
power and liberty to meet at such times, and as often, as they
may find it expedient for managing and directing the business of
 123

the Incorporation . And at all meetings, whether ordinary, ex-

traordinary, or general, the Dean of Guild for the time shall be
preses ; and in his absence, the person who shall be chosen by a
majority of votes ; and in all cases where the votes shall be equal,
the preses shall have a casting or deciding vote, over and above
his own proper vote as a member of the said Incorporated Guildry.
And we do hereby give and grant to the said Incorporated Guildry,
the right, power, and privilege of admitting and receiving as mem-
bers of the Guild, all persons who shall hereafter, at any time,
carry on any mercantile business within this burgh, on payment of
the dues of admission for the time, which are declared to belong
exclusively to the Guildry funds ; with power and authority to the
Treasurer or Fiscal of the said Guildry to call before the Guild
Court all such persons, which Court shall take cognizance of all
such cases ; and have power to compel the said persons to make
themselves free by payment of the said dues, impose fines upon
them in respect of their non-entry, or prohibit and discharge them
from carrying on trade altogether, until they shall become free, in
the option of the said Court. Such fines for non-entry (after all
necessary expenses are deducted) being paid over to the Guildry
fund, to which, it is declared , they shall belong. But declaring
that it shall not be in the power of the said Incorporated Guildry
to admit or receive such persons as members of the said Guildry
until they shall have been previously admitted by us, or our suc-
cessors in office, as burgesses or Freemen of the said burgh, and
shall produce an Act of their admission in evidence thereof ; declaring
farther, that the said Incorporated Guildry shall not have it in their
power to refuse to admit and receive any person who shall produce
to the Clerk of the said Incorporation an Act of his admission as
a Burgess of the said burgh, and require to be admited and receiv-
ed a member of the said Incorporation , but they, within ten days
after such production , and on payment of the fees exigible at the
time, shall be bound and obliged to admit and receive such person
as a member of the said Guildry ; and in case they shall neverthe-
less refuse or delay so to do, such person, from the date of his ap-
plication for admission, and on his consigning in the hands of the
Treasurer to the said Incorporated Guildry, and failing his accept-
ance, with the Town Treasurer for their behoof, the fees of admis-
sion then exigible, shall, notwithstanding such refusal or delay, be,
to all intents and purposes, held and considered a member of the
said Guild, and entitled to appear, act, and vote, at all their
Q 2
 124

meetings, general and ordinary, as fully and effectually as any

member thereof may or can do. But we do hereby expressly re-
serve to ourselves, and to our successors in office, power and liberty
to admit and receive as Honorary Burgesses and Guild Brethren
of the said burgh, any person or persons we may consider deserv-
ing thereof, without the payment of any fees, dues, or other
charges to us, or the said Incorporated Guildry, but in the case of
persons resident within the burgh, always with the special advice
and consent of the Dean of Guild for the time being, and no other-
wise ; and saving and reserving also the whole freedoms, liberties,
and immunities conferred by us, or our predecessors in office, on
any Honorary Guild Brethren of the said burgh, admitted and re-
ceived prior to the date hereof, with power to them to enjoy and
exercise the same to the fullest extent, any thing herein contained
to the contrary notwithstanding . But declaring hereby that any
Honorary Guild Brethren who may hereafter be admitted by us,
or our successors in office, shall have no controul by vote, or other-
wise, over, nor right or interest in, or claim upon, the funds of the
said Incorporated Guildry, in any respect whatever, unless such
Honorary Guild Brother shall have first contributed towards the
said funds, according to the rates by persons entering as Guild
Brethren of the said burgh, before being entitled to carry on any
mercantile business within the same. But all other privileges,
freedoms, and immunities belonging to such Honorary Guild
Brethren shall continue and remain in full force, strength, and
effect, so far as the same are competent by law. And it is hereby
declared that the fees presently exigible upon the admission of
Guild Brethren, and to be hereafter exigible by the said Incorpo-
rated Guildry, until encreased by them as aftermentioned, are,
and shall be, for a Guild Brother's son , or son-in-law, the sum of
eight pounds eight shillings sterling ; for an apprentice to a Guild
Brother, the sum of ten pounds ten shillings sterling ; and for all
other persons, the sum of sixteen pounds sixteen shillings sterling
money, with power, nevertheless , to the said Incorporated Guildry
at their said general meeting to be held upon the said second Wed-
nesday of September annually, to increase or diminish the said
rates and dues payable by Guild Brethren, upon their admission,
from time to time, as they may consider proper ; but such encreas-
ed fees of admission shall not be in force or exigible until the same
have been approved of, and sanctioned by us, or our successors in
office, and it shall be in our power either to sanction or refuse to
 125

sanction such increase, as we shall consider expedient and proper.

And we do hereby expressly reserve to us, and to our successors in
office, being Guild Brethren of the said burgh, or members of the
said Incorporated Guildry, our right and privilege of appearing at
all meetings of the said Incorporated Guildry, and voting in the
election and choice of Dean of Guild, Assessors, and other officers,
to be named and chosen in virtue hereof, and in all other matters
and things which shall come before the said Guildry, either at
their annual general meetings, or at their ordinary meetings, and
that, whether we, or any of us, or our successors in office, shall hap-
pen to be magistrates and members of the Town Council of the
said burgh at the time or not. And we do farther expressly re-
serve the whole other jurisdiction, power, and authority belonging
to us, and our successors in office, as Magistrates and Town Coun-
cil of the said burgh, and the same, (in so far as not hereby granted, )
shall not be taken away, altered, lessened, abridged , changed, or in-
fringed upon by these presents, any thing herein contained to the
contrary notwithstanding. And we consent to the registration
hereof in the books of Council and Session, or others competent
therein to remain for preservation, and for that effect we constitute-

our procurators , &c.- In witness whereof these presents, written

upon this and the three preceding pages of stamped paper, by
James Leighton, conjunct Town-Clerk of the burgh of Montrose,
are subscribed by us, the office-bearers before-named, by the said
Thomas Ross, Andrew Thom , Alexander Smith, John Durward,
William Anderson , Patrick Anderson, Robert Gibb, and James
Dow, being a sufficient quorum of our number, convened in Coun-
cil, within the ordinary Council-room of the said burgh, and the
common seal of the said burgh is, by our order, and in our presence
hereunto affixed , at Montrose the twenty-fifth day of March, one
thousand eight hundred and seventeen, before witnesses, William
Kerr, clerk to Alexander Thomson, conjunct Town Clerk of Mont-
rose, and John Findlay, one of the Town Officers of Montrose,
in attendance on our said Council, the place, date, and other parti-
culars of subscription being inserted by the said William Kerr.
(Signed) Chas. Barclay, Provost, W. Caird, Bailie, W. Sharp,
Bailie, Geo. Shepherd, Bailie, Thomas Dougal, John Brown, Tho.
Ross, D.G. , A. Thom, Al . Smith, John Durward, William Ander-
son, Pat. Mason, Robt. Gibb, James Dow. (Signed) Will. Kerr,
witness, John Findlay, witness.
 126

APPENDIX.- No. VIII.

The Clauses of the Burgh Reform Act (1833) 3 and 4

W. IV. c. 76. which bear upon this Inquiry :

" SEC. XXI.- Rights of Crafts, Trades, and Guildries, to elect their own
Officers. And be it enacted, That nothing herein contained shall be held or
construed to impair the right of any Craft, Trade, Convenery of Trades, or
Guildry, or Merchants House or Trades House, or other such Corporation, se-
verally to elect their own Deacons or Deacon Convener, or Dean of Guild or
Directors, or other lawful officers, for the management of the affairs of such
Crafts, Trades, Conveneries of Trades, or Guildries, Merchants or Trades
Houses, or other such Corporations ; but that, on the contrary, the said several
bodies shall, from and after the passing of this Act, be in all cases entitled to the
free election in such form as shall be regulated by them of the said several office-
bearers, and other necessary officers for the management of their affairs without
any interference or controul whatsoever on the part of the Town Council or any
member thereof."

" SEC. XXII.- Certain Deans of Guild and Deacon Conveners to be

Members of Councils, ex officio.— And be it enacted, That from and after the
time when this Act comes into operation the persons elected ( or to be elected )
as hereinbefore provided to the offices of Dean of Guild, and Deacon Convener,
or Convener of Trades, by the Convenery and Guild Brethren respectively in
the City of Edinburgh, and to the offices of Dean of Guild, and Deacon Con-
vener, by the Merchants House and Trades House respectively in the City of
Glasgow, shall, in virtue of their said elections by the said Guild Brethren,
Convenery, Merchants House, and Trades House respectively, be constituent
members of the Town Councils of the said Cities, and shall enjoy all the powers
and perform all the functions now enjoyed or performed by such office-bearers
in these cities ; and in like manner the persons elected (or to be elected) to the
offices of Deans of Guild by the several Guildries of the City of Aberdeen and
the Towns of Dundee and Perth shall, in virtue of such their Elections, be
constituent members of the Town Councils of the said City and Burghs re-
spectively, and shall as such enjoy all the powers and perform all the functions
now exercised or enjoyed by the existing Deans of Guild in the said City and
Burghs respectively and the registered Electors, qualified as hereinbefore pro-
vided, in the said Cities and Burghs of Edinburgh, Glasgow, Aberdeen, Dun-
dee, and Perth, shall, in November in the present year and all future years,
elect only such a number of Councillors as, with the addition of the said Deans
of Guild and Conveners to be so elected as aforesaid, make up the number of
 127

Councillors now existing in the said several Cities and Burghs : and the Coun-
cillors so elected in the said Cities and Burghs of Edinburgh, Glasgow, Aber-
deen, Dundee, and Perth, shall not, at the subsequent Election of Magistrates
and Office-bearers, elect any other persons to fill the offices or perform the func-
tions of Deans of Guild or Conveners, but these offices shall be held and ex-
ercised, in the said Councils and otherwise, by the persons so elected as afore-
said in the said Cities and Burghs of Edinburgh, Glasgow, Aberdeen, Dundee,
and Perth, respectively, and by no other persons."

“ SEC. XXXI.— New Magistrates to administer the affairs of the Burgh.—

And be it enacted, That the Magistrates and Council and Office-bearers to be
elected under the provisions of this Act shall, in all respects stand in relation to
the administration of the affairs and property of such Burghs, or of property
under the care and management of such Burghs, in the same situation in which
the Magistrates and Council and Office-bearers of such Burghs did stand pre-
vious to the passing of this Act ; and the Magistrates and Council and Office-
bearers to be elected under the provisions of this Act shall have such and the
like jurisdiction, and the same rights and powers of administration of the pro-
perty and affairs of the Burgh, and of making all usual and necessary appoint-
ments, as heretofore lawfully belonged to and was exercised by their
predecessors in office : any thing in the set, usage, or custom of any such
Burgh to the contrary notwithstanding."

Summary of the privileges of a Burgess of Guild of

Aberdeen,-1834.

1. The freedom of trade within burgh in the fullest manner.

II.- He pays but 3-4ths of the shore-dues chargeable to unfreemen.
III. He is exempt from all burgh custom on articles brought into town
for his own use.
IV. He and his widow and children are entitled to the benefit of charitable
funds.
V. His children have a preference for admission to Gordon's Hospital, and
to certain bursaries at Grammar School and College.
VI. Singular successors and heirs (not being Burgesses of Guild) entering
to the town's fishings and freedom lands, must pay the amount of the entry-
money of a Burgess of Guild .
 128

A LIST OF THE NUMBER OF BURGESSES ,

MERCHANTS AND CRAFTSMEN,

Admitted Yearly, in Aberdeen, from 1792 to 1833.

Burgesses Trades Burgesses Trades

Years. of Guild. Burgesses. Total. Years. of Guild. Burgesses. Total.

1792 30 14 44 Over 468 298 766

1793 18 18 36 1813 45 15 60
1794 2 9 11 1814 40 26 66
1795 38 10 48 1815 213 27 240
1796 23 17 40 1816 1 3 4
1797 10 14 24 1817 3 "1 3
1798 17 36 53 1818 11 11
1799 38 11 49 1819 12 1 13
1800 17 18 35 1820 9 10 19
1801 55 14 69 1821 22 21 43
1464146
1802 20 28 48 1822 12 16
1803 34 11 34 1823 7 11 7
1804 7 11 7 1824 17 27 44
1805 50 20 70 1825 14 23 37
1806 10 13 23 1826 19 36 55
1807 27 2 29 1827 17 22 39
1808 20 13 33 1828 36 18 54
1809 7 18 25 1829 26 23 49
1810 23 16 39 1830 27 24 51
1811 7 14 21 1831 15 16 31
1812 15 13 28 1832 20 11 31
1833 3 7
468 298 766
Since Michaelmas, 1833 74 1 75

Total, 1093 617 1710

 WStatement
number
w
c.)
aid the
of
BAnnuitants
(
,&urgesses
idows
received
ho
Guildry
the
from
Funds
1833
in
distinguishing
a persons
,the
Class
each
ofnd
payments
average
them
.to

BURGESSES
. WIDOWS
. OTHER
AND
CHILDREN CASUAL
UPON
RELATIONS
. .AID

Total Number.

Average
Total Sums Paid.

Average
Average
Average

Payment.

Payment.
Payment.
Payment.

Burgesses.
Number of
Widows, &c.

Amount Paid.
Amount Paid.
Amount Paid.
Amount Paid.

No. of Widows.
No, ofChildren.
£ ss
£
.d £ .
s.d
£ s. d. £ s.d£ d. £
s.d £s.d
From
4
Guild
Box
,. 29
185 0 06
7608516 5 29 005
16 265
42
0
9999
99
33
99 39

10
01

10

31
Addition
,Fund al 38
230
0 06 304
0
19
1149 3499 0 04
6 8 77
4180
0
9" wwwwwwwww 99
39

36
36

39
56
129

415
67
0 0 0200
,
,38 14 68 00
583
119
"" "" ,, 39 0 ,, 59 229

0
"399 "

4288
66
Guild
Brethre
2H,' 1ospitalns ‫وو‬
120 05
3
14 179
34
05 151
3
355 0
23
684 118
0
10
504
54
18
11
Total
, 88
535
0 0
379
72 219
49
0
아 54
0
10 0
10
1187
237
"" "" 39
,,29 28 ""
‫وو‬
12
,£
Allowance
yearly
.Highest 2
£
.,
Lowest General
Average
payment
,£
5023

BESIDES
Annuitants
on the
Additional
Box
Fund
Brethren's
tHospital
,Guild
last
paid
was
Widows
theto
a'year he
here
nd
Burgesses
,aFamilies
under bout
Mortifications
different
f3£
charge 50
rom
Magistrates
the
Council
F
Catharine
vand
.:- ofiz
rom
Rolland's
and
Mortifications
Guild's r.
70
40
(£1,Dother
TtJOrphans
3;)4ditto
.,£ ootal
2ean
52
the
to Several
Mortifications
pthese
ofarticularly
Dr.
Guild's
Jean
restricted
aand
not
Families
the
to
bBurgesses
,of
have
they
been re
ut
generally
applied
persons
to
description
that
.of
amount
year
Lasthe
Annuitants
Incorporated
to
the
by
Aberdeen
3Trades
£
was 970
txclusive
,enearly
what
of
their
from
paid
Supplementary
'F
,Widows
minor
a
some
.T
Members
paying und
funds
he
number
the
all
oTrades
thereabout-
ofrfnd
w
365 as
Superannuated
,about
.Members
143
 130

BURGESS OATH.

The Burgess Oath was abolished by the Convention of Burghs, and a

plain declaration substituted ; it is now formally abolished by the Burgh Reform
Act. It was thought to bear an undertaking to accept office in the Magistracy,
and persons have been fined for refusing. The following is a copy of the
Burgess Oath of 1585, which is the earliest I have found :—

I do solemnly swear that I shall be obedient to the just and good Govern-
ment of the City of Aberdeen, and shall, to the best of my power, maintain
and preserve the peace and all the due privileges thereof, and particularly,
I.— I shall be leal and true to the said burgh and freedom.
II. I shall never skaith their wares.
III.-I shall forsee their profit, warn them of their skaith, and stop it to my
power.
IV. I shall obey the Magistrates and their officers in all things lawful.
V.—I shall vote no person to be Provost, Baillie, nor Councillor of this
burgh, except Burgesses, and actual indwellers within the same.
VI.—I shall give leal and true counsel and advice when it shall be asked.
VII. I shall conceal the counsel and secrets of the said burgh.
VIII.—I shall own no unfreeman's goods under colour of mine.
IX.—I shall scot, lot, wake, and ward with the inhabitants of this burgh.
X.-I shall purchase no Lordship, authority, nor jurisdiction contrair
to the privileges and liberties of this burgh, but shall maintain and
defend the same to my life's end.

ABERDEEN :
PRINTED BY J. DAVIDSON AND CO.
68, BROAD STREET.
 INQUIRY

INTO THE

RIGHTS OF THE GUILDRY

OF ABERDEEN.
APR 23 1910
APR 23 1910
Br 9861.16
An inquiry into the rights of the g
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