Ratification in favour of the town of Musselburgh

Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm the charter and infeftment made and granted by his majesty under his highness's great seal, with advice and consent of William [Douglas], earl of Morton, lord Dalkeith and Aberdour, his majesty's treasurer, comptroller and collector principal of his highness's kingdom of Scotland, and of John [Stewart], lord Stewart of Traquair, his majesty's depute in the said offices for the time, to and in favour of the bailies, council and community of the burgh of Musselburgh and their successors, of the date 30 November 1632, by the which charter and infeftment his majesty has ratified and approved a charter made and granted by the late Robert [Pitcairn], commendator of Dunfermline, with consent of the convent thereof for the time, in favour of the said bailies, council and community, and their successors, of all and whole the said burgh of Musselburgh, ground and lands thereof, with anchorages, customs and all other privileges competent to a burgh of barony or regality by the law of this kingdom. As also his highness, with consent foresaid, has of new given, granted and conveyed to the said burgh, bailies, community and inhabitants thereof, all and whole the same burgh of Musselburgh, bounds and lands thereof within the bounds and limits used and wont, comprehending the towns of Fisherrow, Westpans, Newbigging and others lying within the territory thereof, with power and privilege to the said bailies, as bailies to his majesty and his successors, to receive resignations and grant infeftments to the tenants and freeholders within the liberty of the said burgh, as also to enter the heirs of the said freeholders, as well upon brieves and retours to be directed out of his highness's chancellery as to examine and enter them by hesp and staple according to the use and custom of the said burgh, with power also to the said bailies and their successors to exact off every cart that passes along the bridges of Musselburgh and Maitland, or between the said bridges and the sea, the sum of two pennies Scots money, and off every horse load passing the said ways one penny money foresaid, and that for sustaining and upholding of the said bridges, together with the yearly duties and burgh mails of the said burgh within the whole bounds foresaid, and whole liberties and privileges pertaining to a burgh of barony or regality by the laws of this kingdom, with ports, harbours, anchorages and shore silver† within the whole bounds of the said burgh and territory thereof, to be applied to the reparation of the said bridges, and with power to create burgesses so far as may be competent to a burgh of barony of† regality, and with power likewise to the said bailies, council and community to labour and manure such parts and portions of their commonty as they shall think expedient to the well and utility of the said burgh, with the privilege of two market days in the week, Tuesday and Saturday, with two free fairs yearly, one thereof at the feast of St James [25 July] by the space of eight days and the other upon 16 October yearly, with the small customs of the said fairs and markets, with power also to the said bailies, council and community to create and make yearly at Michaelmas [29 September] two bailies, treasurer, officers and all other members of court needful for administration of justice within the bounds foresaid, and with power to hold head courts of regality thrice in the year, as the said charter and new infeftment of the date foresaid at length bears, with the precept directed forth of his highness's chancellery for giving sasine to the said bailies, treasurer and councillors foresaid, according to the said charter, with the instrument of sasine following thereupon in all and sundry points, heads, clauses, articles, privileges, circumstances, provisions and conditions mentioned therein after the forms and tenors thereof. And his majesty and estates foresaid declare and ordain this ratification to be as valid, effectual and sufficient to the said bailies, council and community of the said burgh of Musselburgh and their successors as if the foresaid infeftment were herein inserted and engrossed at length word for word; as also statutes and ordains that the said new infeftment is and shall be good, valid and sufficient rights and security to the said burgesses of Musselburgh, bailies, community and inhabitants thereof, and their successors, for holding, enjoying, using and possessing in all time coming of all and sundry gifts, liberties, privileges, immunities and others mentioned and contained in the same infeftment and charter, according to the tenor thereof in all points.

  1. NAS, PA2/22, f.269r-270r. Back
  2. Defined in DSL as a due payable by ships for use of a harbour. Back
  3. APS suggests 'or' in square brackets. Back