[1641/8/459]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and patent granted by his majesty to the bailies, council, community and inhabitants of the burgh of South Queensferry, dismembering the said burgh of South Queensferry from the kirk and parish of Dalmeny and erecting the same in a separate parish kirk, and giving to them and their successors the advocation, donation and right of patronage of the said parish kirk of South Queensferry with the nomination and presentation of the minister serving the cure at the said kirk, they paying to them the stipend mentioned in the said charter, together with the power and liberty given to them to stent and tax their neighbours and inhabitants of the said burgh for payment of their proportional parts of the said stipend, in manner contained in the said charter, which is of the date at Theobalds, 9 July 1635; together with the contract and appointment made between the minister and patron of the said kirk of Dalmeny, whereof the said burgh of South Queensferry was a part of before, and the said bailies, council and community of the said South Queensferry on the other part, regarding the dismembering of the said burgh and parish from the parish of Dalmeny, with the act of commission of surrenders ratifying and approving the said contract and erecting the said kirk of South Queensferry in a separate parish kirk, which act is of the date 1 July 1635. And also ratify and approve the charter of erection of the said burgh of South Queensferry in a free burgh royal and in a free port, haven and harbour with the whole liberties, privileges and immunities pertaining to a free burgh royal, together with the minute and small customs, anchorages, prime gilt and other liberties whatsoever pertaining to the said free port and harbour in manner contained in the said charter of erection, which is of the date at Newmarket, 21 November 1636, in the whole heads, clauses, articles and conditions, specified and contained in the said charters, contracts, acts of commission and others respectively foresaid. And will and grant that this present ratification shall be as effectual as if the same were word by word inserted herein, reserving and excepting from hereof to George Dundas of that Ilk that part of the muir commonly called the Ferry Muir, as the same is designed in the instrument of division made thereof between the said Laird of Dundas and the said bailies and council of the said burgh, and also reserving to him the heritable right of the Wester Loaning, leading to and from the said muir, excepting only to the said bailies, council and community of the said burgh and their successors in all time coming, passage, free access and entry to and from the said muir and burgh, according to the declaration made by the said bailies and council of the said burgh in favour of the said Laird of Dundas of the date 6 July 1641, as well regarding the said muir as loaning in manner contained therein, and according thereto in all points. Moreover, his majesty and estates foresaid, by this ratification, erect the said burgh of South Queensferry and kirk thereof in a free burgh royal and separate parish kirk, whereof the right of advocation and presentation pertains to them as said is, and give to the provost, bailies, council and community of the said burgh and their successors power and liberty to stent the burgesses and inhabitants of the said burgh for payment of the minister serving the cure at the said kirk and his successors of the modified stipend contained in the said act of commission of surrenders and charter of erection foresaid ratifying the same, and that proportionally according to the rate and proportion of the goods, lands and ability of every one of the said bailies, community and inhabitants of the said burgh. And it is hereby declared that this present ratification shall be in no way prejudicial to [Charles Seton], earl of Dunfermline and his successors as bailies of the lordship and regality of Dunfermline regarding whatsoever jurisdiction, rights, liberties and privileges pertaining thereto as bailie foresaid within the bounds of the said burgh used and wont, and that the provost, bailies, council, communities and indwellers of the said burgh shall be liable and astricted in all time coming as they have been in time past to the jurisdiction of the regality of Dunfermline and to do, observe and perform all duty and obedience thereto likewise and in the same manner as if the foresaid erection above-mentioned and this present ratification thereof had never been made nor granted.