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BY KING CHARLES THE FIRST
UNDER HIS GREAT SEAL, RATIFYING A MORTIFICATION BY DOCTOR WILLIAM GUILD
TO THE FREE CRAFTSMEN OF ABERDEEN. 1633.
Translated from the original Latin, by P.
J. Anderson, LL.B.,
Aberdeen, 1887.
CHARLES, by the grace of
God, King of Great Britain, France, and Ireland, Defender of the Faith,
TO ALL good men of his whole land, clergy and laity, Greeting: KNOW YE
that we, with express consent and assent of our well-beloved cousin and
councillor, William Earl of Morton, Lord Dalkeith, etc., chief treasurer
of our kingdom of Scotland, our collector and comptroller, and of our
beloved cousin, John Lord Stewart of Traquair, our treasurer-depute in
the said offices, and of the rest of the lords commissioners of our
exchequer of our said kingdom, have fully considered a CERTAIN CHARTER,
donation and mortification therein contained, made, given and granted by
our beloved Mr. William Guild, preacher of the 'Word of God at Aberdeen,
to the free craftsmen of Aberdeen: of all and whole that place and
monastery of the Holy Trinity of the said burgh, belonging heritably in
feu farm to the said Mr. William, with all and sundry the houses and
buildings thereof, together with the church and churchyard of the same,
yards, orchards, greens, and pertinents whatsoever, lying within the
said burgh of Aberdeen, and the sheriffdom thereof ; as also of the
ministry of the same place, with all and sundry lands, annual rents,
fruits, profits, emoluments, and duties whatsoever, now belonging, or
which were of old known to belong, to the foresaid monastery,
wheresoever [they lie] within the burgh, or in the fields without the
burgh, with the tenants, tenandries, services of free tenants of the
same, and their sundry other pertinents; that the same place, with the
revenues, may be an hospital for old poor craftsmen of the burgh
aforesaid, as specified in the said charter ; to be held of us and our
successors in pure and perpetual alms and mortmain for ever: [the said
charter], at our command seen, read, and inspected, and diligently
examined, being whole, entire, not erased, not cancelled, nor suspected
in any part thereof, in form as follows :—
"TO ALL and sundry who
shall hear and see the present letters, Mr. William Guild, preacher of
the Word of God at Aberdeen, Greeting in Him who is the true salvation
of all.
"KNOW YE that I, to the
glory of God, for the comfort of the needy, and to afford to others a
good example of charity towards the poor, whom our Lord Jesus Christ has
to the end of the world left amongst us, and recommended to us, to be
fed, clothed and cherished, HAVE FOUNDED, gifted, and perpetually
mortified to the free craftsmen of Aberdeen, and, by this my present
charter, do found, gift, and perpetually mortify, to the same: ALL and
whole the place and monastery of the brethren of the Holy Trinity of the
burgh of Aberdeen, belonging to me, the said Dr. William Guild,
heritably in feu farm, with all and sundry the houses and buildings
thereof, together with the church and churchyard of the same, yards,
orchards, greens, and pertinents whatsoever lying within the said burgh
of Aberdeen and the sheriffdom thereof; as also, the ministry of the
same place, with all and sundry lands, annual rents, fruits, profits,
emoluments, and duties whatsoever, now belonging, or which were of old
known to belong, to the foresaid monastery, wheresoever [they lie]
within the burgh, or in the fields without the burgh, with the tenants,
tenandries, services of free tenants of the same, and their sundry other
pertinents ; that the same place, with the revenues aforesaid or
afternamed, may be an hospital for old poor craftsmen of the burgh
aforesaid, to be sustained and supported in the same, who shall be of
good fame, and not reduced to poverty through their own vice, or
especially through drunkenness and extravagance.
"AND THEREFORE, in order
that none be brought into that hospital or enjoy the fruits of this
mortification save good pious and sober men, I ORDAIN as patrons, a
preacher of the Word of God at Aberdeen (whom the deacons of the six
crafts shall choose from the number of their own pastors), with the
deacon-convener ; who shall associate to themselves six men of good
fame, prudence, and piety (one from every craft), whom they shall bind
with a solemn oath, one by one, that they nominate these whom they judge
most worthy to be presented and admitted ; of which number it shall be
lawful to the foresaid minister of the Word of God (with the
deacon-convener), to admit him who shall seem most worthy to them, and
be approved pious and sober by others, not for supplication or for
bribe, but only out of charity, as they shall answer to God in the day
of their appearance.
"LIKEWISE, in order that
care be taken of the building, of the revenue, and of those admitted
into the hospital, I ORDAIN, that on the same day on which the
deacon-convener is chosen, a director, or master and caretaker of the
hospital be chosen by the said minister of the Word, deacon-convener,
and other deacons—a man, diligent, pious, and able to exercise that
office, and who shall yearly give an account of his diligence, care, and
faithful administration to the foresaid minister of the `Ford of God,
deacon-convener, and other deacons of the crafts, in the week preceding
the new election of the deacon-convener or deacons.
"I WILL also, that no
woman dwell in the said hospital (although the wife of one that is
admitted), or stay therein for a moment ; and that no one who is
admitted wander in any way forth thereof through the town or streets;
and that they all be always clothed with gowns of a single and decent
colour ; MOREOVER, that the said beadmen be subject and obedient to the
commands and admonitions of the foresaid director, and that they be an
honest, godly, and peaceable conversation. And if any of them wander
without, or be troublesome within to any of their comrades, or commit
any other fault, or be found disobedient, or a breaker of the rules of
this mortification, he shall be punished in his person, or removed from
the hospital, by the said director, who, however, in this case shall
take the advice and consent of the foresaid minister of the Word of God
and deacon-convener, who have, and by these presents shall have power,
one poor man dying or removing from the said hospital or being otherwise
withdrawn, to choose and put in another poor man in his place, in form
aforesaid.
"I WILL also, that they
be always present at the Sunday and weekly sermons (unless they be
confined to their beds by sickness), as also at the public morning and
evening prayers (especially in summer). ALSO, I ordain that in their own
chapel a portion of the Word of God be read twice daily, and prayers
offered up by a suitable reader (who shall have fifty merks paid him
therefor yearly), to be properly chosen by the patron, which service
shall be between nine and ten in the morning or forenoon, and between
three and four in the evening or afternoon : and whoever (except through
sickness) shall be once absent, let him be admonished; if twice,
punished by the director ; and if thrice, removed from the hospital.
"I WILL also, that one of
the foresaid poor men be janitor of the said hospital weekly, having the
keys of the doors and gates thereof (except the keys of the private
rooms) ; and keep this order—First, in the morning, he shall open the
outer gate and the door of the house and chapel at half-past seven
hours, that they may go to public prayers in the church, or to hear a
discourse, and at that same hour shall ring the bell a little, that by
ringing thereof the rest being awakened may make themselves ready for
the foresaid exercises: Next, the same janitor shall ring the bell
regularly about the ninth hour in the morning, and the third hour in the
evening, to summon the rest to hear prayers and the reading of the
Scriptures in the chapel : And from thence they are to go to their own
private rooms, and use their trade till the eleventh hour in the
forenoon, and the sixth in the evening, and then they shall assemble in
the common hall, and under a common president dine and sup together, the
hebdomadar always publicly giving thanks.
"TO BE HELD AND HAD the
foresaid place, with all and sundry its houses, church, yards, and
pertinents whatsoever, as also the lands, annual rents, fruits, profits,
and emoluments whatsoever, pertaining to that monastery, wheresoever
[they lie], and mortified by me; from me and my heirs, by the said poor
and their successors who shall be put into the said hospital, of our
Lord the King and his successors; in pure and perpetual alms and
mortmain for ever: with full power, faculty, and authority, to the said
poor, by their director and caretaker of the, hospital aforesaid, to
exact, crave, uplift, and receive the annual rents from the persons due
therefor, and, on failure of payment, to compel them by the common law,
and to do, use, and exercise, all and sundry other things which shall be
needful or convenient for obtaining receipt and payment.
"RENDERING therefor
yearly and daily, the said poor, and their successors dwelling in the
said hospital, to our Lord the King and his successors, as also to the
burgh of Aberdeen, and to the magistrates, ministers, and other
inhabitants thereof, the offerings of devout petitions.
"RESERVING to us, during
all the time of our life, the power of the patronage and direction in
all things, as shall seem to us most expedient therein.
"IN WITNESS WHEREOF, to
this my charter, written and subscribed with my hand, my authentic seal
is appended, at Aberdeen, the sixth day of the month of June, in the
year of our Lord, one thousand six hundred and thirty-three, before
these witnesses, Mr. Thomas Melvill, Minister of the Word of God at Dyce;
Mr. Walter Anderson, Minister at Kinellar; and Mr. William Ogstone,
Minister at Kinnethmont."
WHICH CHARTER
above-written, donation and mortification therein contained, in all its
points and articles, its conditions and forms and circumstances
whatsoever, in all and by all, in like form and effect as aforesaid, we
ratify, approve, and, for us and our successors, for ever confirm.
FURTHER, with express consent and assent aforesaid, for the great regard
which we have for the glory of God, and the help and support of the said
poor, of our own certain knowledge and free will, we have OF NEW given,
granted, founded, gifted, mortified, disponed, and by this our present
charter have confirmed, and by the tenor thereof do give, grant, found,
gift, mortify, dispone, and for us and our successors for ever do
confirm : All and whole the foresaid place and monastery of the brethren
of Holy Trinity of the said burgh, with all and sundry the houses and
buildings thereof, together with the said church, churchyard, yards,
orchards, greens, and pertinents whatsoever, lying as aforesaid ; as
also the ministry of the said place, with all and sundry lands, annual
rents, fruits, profits, emoluments, and duties whatsoever, now
belonging, or which were of old known to belong thereto, as well within
the burgh, as in the fields without the burgh, with the tenants,
tenandries, services of free tenants of the same, with all their
pertinents, with all right, title, interest, and claim of right,
property and possession as well petitory as possessory, which we, our
predecessors or successors, had, have, or in any way may claim or
pretend to have thereto, or to any part or portion thereof, or to the
mauls, fermes, profits, and duties of the same, for any years whatsoever
bygone or to come, by reason of ward, relief, non-entry, escheat,
forfeiture, recognition, purpresture, disclamation, bastardy, reduction
of infeftments sasines or retours, revocations, or Acts of Parliament
whatsoever, or by other laws, practices, or constitutions, of this
kingdom; renouncing and upgiving the same, with all action and instance
thereanent, for us and our successors, now and for ever, with the
paction of not seeking, and with supplement of all other defects, as
well not named as named, which we, for us and our aforesaids, will to
hold as set forth at length in this our present charter: TO BE HELD AND
HAD of us and our successors, in pure and perpetual alms and mortmain
for ever: RENDERING therefor yearly and daily, the said poor, and their
successors dwelling in the said hospital, to us and our successors, and
to the said burgh of Aberdeen, and to the magistrates thereof, the
ministers, and other inhabitants of the said burgh, the offerings and
prayers of devout petitions. IN WITNESS WHEREOF, to this our present
charter we have ordained our great seal to be appended.—WITNESSES, our
well-beloved cousins and councillors, James Marquis of Hamilton, Earl of
Arran and Cambridge, Lord Aven and Innerdale, &c. ; George Earl of
Kinnoul, Vicount Dupplin, Lord Hay of Kinfauns, High Chancellor of our
foresaid kingdom of Scotland ; William Earl Marischal, Lord Keith and
Altrie, Marshall of our said kingdom; Thomas Earl of Haddington, Lord
Binning and Byres, Keeper of our privy seal; William Viscount Stirling,
Lord Alexander of Tullybrodie, our Chief Secretary ; our beloved
familiar councillors, Sir John Hay of Laud, Clerk of our rolls,
register, and council; Sir George Elphinstone of Blythswood, our Justice
Clerk; and Sir John Scott of Scottistarvett, Director of our chancery,
knights. At Holyrood House, the twenty-fourth day of the month of June,
in the year of our Lord, one thousand six hundred and thirty-three, and
of our reign the third.
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