Ratification to [John Cunningham], laird of Barns and James Maxwell [of Innerwick]

Our sovereign lord and estates of this present parliament ratify and approve the letters patent granted by his majesty under his highness's great seal of this kingdom, of the date 22 April 1636, to James Maxwell of Innerwick, one of his majesty's bed chamber, and to John Cunningham of Barns, their heirs and assignees, for erecting and maintaining of a light upon the Isle of May; and for maintenance thereof, have given to them an impost and duty of 2s Scots to be paid upon the tun of all ships and vessels coming within Dunnottar and St Abb's Head by natives, and 4s money foresaid to be paid by strangers, for each voyage in manner and during the space contained in the said letters patent, as the same of the date above-written at more length purports; together with an act of convention of burghs of the date at Edinburgh, 13 September 1639, wherein the said patentors being willing to give all reasonable satisfaction to the commissioners of burghs then convened, they then restricted the foresaid patent and duty above-written contained therein to this quantity, namely: to 18d Scots to be paid by the natives and 3s Scots to be paid by strangers upon each tun of ships and other vessels coming within the foresaid bounds, as also declared that all barks, crayers and other vessels coming from any part within this kingdom within the said bounds or passing to any part within the kingdom during the months of May, June and July, and 15 days of August further for northland victuals, shall be free of all duty whatsoever; likewise the said patentors, by the foresaid act, obliged them, their heirs and assignees not to exact nor seek any greater duty than the restricted duty above-written, but renounced the same greater duty for ever, in respect whereof the said commissioners of burghs, in name of their burghs, obliged them to cause their neighbours make thankful payment to the said patentors of the foresaid restricted duty and to assist them in the uplifting and collection thereof from the natives and strangers whenever they shall come within their bounds and liberties, as also to deliver to the said patentors a list and inventory of the whole ships pertaining to their burghs, with the number and quantity of the tons of each ship, that according thereto the patentors and their foresaids may uplift the said restricted duty during the time of the patent, as the said act of the convention of burghs of the date above-written at more length bears, in the whole heads, articles, clauses, privileges, circumstances, conditions and restrictions mentioned in the foresaid letters patent, and in the said act of convention of burghs respectively foresaid, and that according to the restriction above-written mentioned in the same act for the quantity of the duty and times contained therein and other heads and conditions of the same, and according to the tenor thereof and of the letters patents foresaid so far as the said letters patent are not restricted nor impaired by the foresaid act of the convention of burghs in manner contained in the same act. And also our said sovereign lord and estates of parliament declare that this present general ratification is and shall be as valid and effectual in all points as if the letters patent and act of burghs foresaid were at length and word by word inserted herein, albeit the same be not so done; concerning which our said sovereign lord and estates foresaid hereby dispense for ever and ordain the foresaid letters patent and act of burghs to be good, valid and effectual to the said patentors according to the tenors thereof and according to the restriction and relevant conditions and obligations specified in the said act of burghs, and this present ratification of the same, and ordain letters and execution to be directed upon the foresaid letters patent and act of burghs in manner to the effect respectively mentioned therein and according thereto, and for the restricted duty contained in the said act.

  1. NAS, PA2/22, f.278v-279r. Back