Act, 27 December 1694, Edinburgh

Edinburgh the second day of August J^aj vj^c nyntie four years

D1694/8/3

D1694/8/3¹

Act

Act The Toune of Aberdeen and the Lairds of Munimusk Against Resetters of Whyt fishers.

Anent a Petition given in to the Lords of their Majesties privy Councill be the magistrats and toune Councill of Aberdeen and Sir John and William Forbesses elder and younger of Munymusk Shewing That quher the seamen of whyt fish boats in the north Countrey are by the Consent and incontroverted Custome and practique of the place tyed and oblidged to the same service and servitude that Colliars and salters are heir in the south So that it is not lawfull for any man to resett harbour or intertaine the fishers and boatmen which pertaine to another without his express advice and Consent given therto as the saids Lords were pleased to find in the Case of Sir William Keith of Ludquhairn upon the like Occasione Conforme to the act upon extracted and therwith presented dated the thrid day of Aprill J^aj vj^c Eightie thrie as the saids Lords likewayes found in the case of the Earle of Erroll on the twentie two day of Aprill J^aj vj^c Eightie four, And now seing that the petitioners has the undoubted and unquestionable ryt to the whyt fishings and boats therto belonging in Fittie Torrie and the Cove near Aberdeen and that Androw and Robert Booties Alexander Clerk Alexander Duncan James Smith David Thomasone and some other whyt fishers belonging to the saids whyt fishings of Fittie Torrie and the Cove have diserted and gone away from their service by which the petitioners sustaine great Loss and damnadge and if such practisses as these were allowed the constant Custome of Whyt fishing heirto foir observed in these parts would be altogither Innovat and rendered useless so that the petitioners who of before to send out a Considerable number of Seamen to their majesties service would by such practisses as these be rendered incapable to doe the like for the future and besides the saids fishers and Others their nighbours therabouts are the only persones who are capable of being pilots to any ships goeing from or entering into the port and harbour of Aberdeen by whose absence a great Loss would ensue to the said toune and harbour in generall and to the petitioner in particular And Therfore humbly Craveing the saids Lords To Requyre and ordaine all shireffs stewarts Baillies of Regalities and Bailliaries and their deputs Justices of peace magistrats of burghes in whose bounds the saids persones above narrated or any others feed away are resett to cause the persones who have harboured and resett them Immediatly to deliver them back to the petitioners, or Otherwayes to apprehend and seaze ther persones and bring them back to their former service and in case that the petitioners seamen hapen to run away for the future and be harboured and resett be any person quhatsomever To Cause them to be returned back to the petitioners as the saids Lords did before in the case of the said Sir William Keith conforme to the saids Lords upon the thretie ane day of Jully last They Remitted to a Committie of their oun number to Consider the said petitione and subject matter therof and report ther oppinion theranent to the Councill Which Committie haveing accordingly mett ² And Considered the petitione They reported ther oppinion anent the same and Which report being Considered by the saids Lords They approved therof and have Remitted and heirby Remitts to the Judge ordinary upon the place to doe and determine in the above matter according to the Law of the kingdome and constant Custome of the place.