John Adam and Aberdeen

April 2009's item of the month was a letter of Mr. David Menzies to the Magistrates of Aberdeen Anent the Quarries at Nigg, 10^th August, 1770. The “John Adam” referred to in the letter is John Adam, Architect, of Edinburgh. John Adam was one of the Adam Brothers responsible for the building of Dumfries House as well as the Adelphi Buildings in London. The firm was also a contractor for Fort George in Inverness. John Adam, though a competent architect, worked primarily as the firm’s business manager, overseeing contracts, legal business, and money and resource building activities such as the quarrying business at Torry.

The lands of Torry in question were mortified to Aberdeen by the influential Menzies family of Pitfodels, who retained a say in the use of their mortification. David Menzies, as part-heritor, was able to relate a number of concerns to the Council and Magistrates over the use and abuse of the lands under the tenancy of Mr. Adam.

The quarries referred to were situated in Nigg and Cove, and came under the jurisdiction of Aberdeen’s Master of Mortifications as heritor of half of Torry. Aberdeen let the land to John Adam by means of an Act of Council dated 27^th March, 1766, as well as a subsequent act of 1^st July, 1767. These can be found in volume 63 of the City’s Council Registers. The original Tack of 1766 granted him a twenty-one year lease of the quarries lying to the south of the town’s quarries at Cove for an annual rent of ten pounds Sterling.

The 1767 notation in the Council Register claims the annual rent stands at five pounds Sterling, as well as granting him quarrying rights to the lands of Torry and Cove as far as the southernmost extent of the Barony for an additional fifteen pounds Sterling.

The letter itself is found in the same file of the Council’s correspondence as the renewal and extension of John Adam’s Tack on the 14^th of March, 1771. Whilst not explicitly following the recommendations of part-proprietor of the lands David Menzies, substantial alterations are made to the terms of the Tack. The lease is changed to seven years and, without alteration of the lands in question, the annual rent is fixed at thirty pounds Sterling. Aberdeen itself retains the right to quarry stone for the use of the town, and Mr. Adam is obliged to make and pay for a carriage-road leading to the shipping places at Torry, as well as repair of the land upon quitting his Tack, including filling quarry pits (though this last clause was removed by the Council in 1773).  Further, new pits or ground could not be opened without the prior consent of the Master of Mortifications and the Menzies family.

Transcription of  Letter of Mr. David Menzies to the Magistrates of Aberdeen Anent the Quarries at Nigg, 10^th August, 1770;

Gentlemen

When I went last to visit the Quarries in the Parish of Nigg rouped by Mr. Adam, I found a great deal of distruction done, and for my own part I woud not upon any account renew his Tack with the liberty’s which he presently has, for which reason I thought proper to writt you my sentiments upon that affair before we had a meating upon it, that we might all agree and go hand in hand in that affair, which I wish we may do in every thing concerning the joint parish, as it is our mutuall interests.

In the first place I think the rent paid by Mr. Adam is by far too small for the liberty which he has upon that Estate, for which reason I woud sell him the Black hills with the sea rock to the southward of the Cove, but I do not propose to give him the same boundaries to the sea rock which he presently has, for all that I ever meant by the sea Rock was the Bair Rocks fasing the sea, of which a part was every twenty four hours washed by the sea, I never meant, nor woud I allow him to braik the surface or any green grown but as he worked into it, as we work in a peat bank in a moss, that is to say I woud not allow him to cast up pits or holls upon the green pastur at the top of the sea rocks, as it appears to me to be very hurtfull to the Estate.

2^nd I woud have Mr. Adam oblidged before he leave the Quarries he has brock up into the Country to throw all the rubbige into the hols, which will make them less dangerous than they are at present, for I assure you that in the time of a storme in their present situation they are very dangerous both for men and Beasts, and some of them are exactly upon the brink of the Roads or rather under the roads.

3^rd. As Mr. Adams Work people and Oversears have severall housess upon the grownd, and severall familys live there it will be necessary that Mr. Adam oblidge himself that none of these people cast up any grownd in Turfs or sods for sieuall under a certain penalty, but that they shall furnish themselves with living in some other way, as that is an practice which is very hurtfull to the Estate, as it destroys a great deall of pasture, and by taking off the whole surface renders it entierly useless for any kind of improvement, and it is not to be immagined that so much good grownd will be left in the estate it presently is particularly if there was a division of these lands, which woud be a great advantage to both parties.

4^th. Mr. Adam proposes at Tack in his Option, which I think is not to be given to any Tennant, he proposes a Tack for three years certain, and a braik at every year afterwards in his Option, if he gett his Tack in that way, I make no dout but he will employ as many hands in that three years, as woud furnish him all the stones he woud have use for during the leven, and then throw up the Tack, for which reason I am not for an Optionall Tack except it be in the Heritors Option, and what ever kind of a Tack he gott I think it woud be proper to oblige him to have all the ston’s taken away from the Quarrie at farthest within three months after the Expiration of the Tack, otherwise he might work as much in one year as he coud carry of in three, which I make no dout but he will if he have it in his power. And as to a proper rent for the Quarris and Tack I propose we must consider that when we meat, but at any rate I dont think we can have less that what is presently paid even if the Tack shoud be lett as I propose, and if a greater liberty is given I think we have reason to expect a considerable addition.

Gentlemen this is my oppinion upon that affair, which I submitt to your better judgment and I am willing to meat with you when you please that we may come to a Resolution.

I am Gentlemen, Your most obedient

Humble servant

David Minzies

Blairs

10^th August, 1770

TO

The Honourable The Magistrats of Aberdeen

Terms used in the documents;

Tack - Much like the modern lease, a Tack was a contract between an owner and a tenant, or “Tacksman”, granting the tenant possession of a parcel of land for a fore-stated period of years. The Tack fixed a yearly rent in cash or kind as well as a fixed term of expiry, and further determined whether or not the tenant could assign the land to a third party. This had to be explicitly allowed in Tacks shorter than nineteen years, but was permissible at the tenant’s discretion in long term Tacks.  In this case, Mr. Adam is unable to sub-let, but he is allowed to build structures to house his workers on the land.

Mortification - In this instance, a Mortification was land that was given over to the Burgh of Aberdeen for charitable purposes and for the good of the Burgh. Aberdeen established the position of Master of Mortifications in 1632 following an influx of numerous donations attributed to Aberdeen’s prosperity in the early 1630s. The Master of Mortifications was responsible for seeing that the land or money given over was used for its intended purpose and in this case worked with the agent of the Mortifier to ensure that the mortified lands were not abused by the Tacksman.

The post of Master of Mortifications is still in existence today, and is held by an elected member of Aberdeen City Council.