The Stonehaven Tolbooth is thought to have been founded by George Keith, 5th Earl Marischal (c. 1553–1623), with the original purpose of the rectangular building being as a storehouse. In 1600, an Act of Parliament provided that the building become a tolbooth; text of that act reads: "The shiref of the shiref-dome of Kincardin in all time cum sall sit and hald their courtis at Stanehyve". After 1624, the town business functions were conducted on the upper level of the Stonehaven Tolbooth, with the ground floor being used as the prison.