[1661/1/275]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, hes ratified and approven and, be thir presents, ratifies and approves the charter granted be his majesties' royall father, of ever glorious memorie, with consent of his hienes['s] thesaurer principall, thesaurer deput and remanent lords of his hienes['s] exchequer wnder his majesties' great seall to the deceast Robert, earle of Roxburgh, lord Ker of Cesfoord and Cavertoun etc., lord privie seall and his aires male lawfullie gotten or to be gotten of his bodie, whilks failyeing to his airs and assignayes whatsoever in his option to be designed, nominat or constitute be him at any tyme in his lifetyme, or befor his decease, be assignation, designation, nomination or declaration under his subscription and under the provisions, restrictions, limitations and conditions contained in the said nomination and designation, whilk assignation, designation, nomination or declaration, under his subscription anent the succession to him in the lands, barronies, earledome and others afterspecified, and under the conditions and restrictions therincontained, is declared be the said charter to be als sufficient as if the same wer spetially and particularly exprest in the said charter, notwithstanding whatsumever exceptions of law may be proponed or alledged in the contrare; off all and sindrie the lands and barronie of Cesfoord, the lands and barronie of Auldroxburgh, the lands and barronie of Ormestoun,† the lands and barronie of Bowdoun, the lands and barronie of Mckairstoun, the lands and barronie of Broxfeild, and of diverse others lands, barronies, milnes, woods, fishings and others together with the title and dignitie of earle perteaning to the said deceast Robert, earle of Roxburgh, and all honours, priveledges, preeminencies and immunities whatsumever belonging therto, all erected in a frie earledome called the earledome of Roxburgh, to be holden of his majestie and his hienes['s] successors, as in the said charter of the date the threttie one day of July 1646 yeers at more lenth is contained, together with the precept and instrument of sasine following therupon; and als hes ratified and approven and, be thir presents, ratifies and approves the taillie, nomination and designation made, granted and subscryved be the said deceast Robert, earle of Roxburgh, wherby he did nominate, make, declare and constitute his majesties' right trustie cousine William, now earle of Roxburgh, and the airs male lawfullie to be gotten of his bodie, with Ladie Anna† Ker, now countesse of Roxburgh, his spous, who wes eldest lawfull daughter to the deceast Harie, lord Ker, sonne to the said deceast Robert, earle of Roxburgh, whilks failyeing the other airs of tailyie and provision nominat and exprest in the said nomination and designation, upon the spetiall provisions, restrictions and conditions therincontained, to be airs of tailyie to him and successours in his saids earledome, lands, lordships, barronies, title, dignitie, offices, jurisdictions, patronages and others whatsumever contained in the forsaid charter, infeftments, procuratories and other rights and securities generally and spetially mentioned in the said nomination and designation, as in the said nomination and designation of the date the tuentie thrid day of February 1648 yeers at more lenth is contained; together with the service and retoure, precept and instrument of sasine following upon the said nomination and designation, wherby his majesties' said right trustie cousine William, now earle of Roxburgh, is served, retoured and infeft as air of tailyie and provisione to the said deceast Robert, earle of Roxburgh, his grandfather on the mothers side, in all and sindrie heids, clauses, articles and conditions contained therintill, after the forme and tenor therof in all points. And his majestie, with the advice and consent of his estates of parliament, be thir presents, declares that the forsaid nomination and designation made be the said deceast Robert, earle of Roxburgh, of his hienes['s] said right trustie cousine William, now earle of Roxburgh, and the other airs of tailyie nominat in the said designation, conforme to the severall constitutions thereinspecified, to succeid to him as airs of tailyie in the saids lands, barronies and earledome of Roxburgh, title and dignitie forsaid, or of any other his lordships, lands or others belonging to him, alswell holden of his majestie as of any other superior, to be als valeid and sufficient as if his majesties' said right trustie cousine William, now earle of Roxburgh, and other aires of tailyie abovementioned sua designed to succeid as airs of tailyie and provision be the forsaid designation, had been and wer spetially exprest and set doun in the saids charters and infeftments of the said earledome and others; and, be thir presents, allowes and authorizes the forsaid nomination and designation made be the said deceast Robert, earle of Roxburgh, of his majesties' said right trustie cousine Williame, now earle of Roxburgh, and the other substitute aires of tailyie to him abovementionat, to stand in full force and effect in thair favours in all tyme comeing, and declares this present ratification to be als valeid and effectuall in all points as if the forsaid charter, infeftments following therupon, the forsaid nomination and designation, service and retour, precept and instrument of sasine following therupon, wer insert heirintill word be word; wheranent and all other imperfections and objections that may be proponed or alledged against the same, his majestie, with advice of the saids estates of parliament, hes dispenced and, be thir presents, dispences for ever.
[1661/1/276]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the signatour past be his majesttie in favours of the universitie of St Andrewes, principall, regents and foundat persones of the same, of the few maills, few fermes, cayns, customs, kirks, teinds and others rents perteaning to the late archbishoprick of St Andrews, temporalitie and spirituality therof, and of the monastarie place of the priorie of St Andrews, houses, bigings, yeards and haill pertinents of the same, lyand within the precinct thairof, and of the whole few maills, few ferms, kains, customes, kirks, teinds and others rents perteaning to the pryorie of St Andrewes, temporalitie and spiritualitie thairof, generally and specially mentioned in the said signatour of the date the nynt day of October 1641 yeers, in the haill heids and articles thairof, and wills and declares that this present ratification shall be als valeid and effectuall as if the whole tenour thairof, and haill lands therinspecified out of which the saids few fermes, few maills, kains, customes, teinds and other dewties forsaids are to be uplifted wer heirin, word be word, insert and set doun; wherwith his majesttie hes dispenced and be thir presents dispences for ever. And his majestie, with advice and consent forsaid, dissolves the saids few maills, few fermes, kains, kirks, customes, teinds and other dewties forsaids, perteaning to the said late archbishoprick† and priorie of St Androis, with the monastrie place of the said priorie, houses, bigings, yeards and other dueties forsaid perteaning to the said bishoprick within the precinct therof, fra the bishoprick and pryorie and fra all fundations thairof, and als from all acts of annexation in whole or in parte, annexing the same to the croun or to the said archbishoprick, and unites and annexis the same to the said universitie of St Andrewes, principall, regents, professours and others foundat persones thairof, to remaine with them and their successors in all tyme comeing, and to be possessed and uplifted by them, conforme to the localities and at the rates as the same hes been possest and uplifted by the factor and chamberlanes of the respective colledges these yeers bygone, as ane monument and testimony of his majesties' gracious favour for mantaineing and increaseing of pietie, religion and learneing within the kingdome, whairof the said universitie, is ane principall seminarie. And his majestie, with advice and consent forsaid, declares that the forsaid signatour and this present ratification is nowayes extendit to the superiorities of the vassals of the said archbishoprick and pryorie, nor to the quarreling or impugneing of the vassals' rights upon clauses irritant or other grounds whatsoever, nor yet to the right of regality nor heretable offices of regalitie, stewartrie or baillierie of the said archbishoprick and pryorie or lands perteaneing therto, and that it is without prejudice of all persons' rights as accords of the law, and that it shall not prejudge the heritors of the benefite of the valuation of the teinds of their lands, either valued or to be valued, conforme to the acts of parliament, reserveing alwayes and excepting such particular reservations as are reserved and excepted furth of the said signator, and but prejudice of the generalitie of this exception the sume of fyve hundreth merks due to Mr Robert Dalgleish, agent for the kirk, and his successours.
[1661/1/277]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice of the estates of this present parliament, ratifies, approves and confirmes ane decreit given and pronunced be the lords of councill and session dated the nynt day of Junij 1608, at the instance of the baillies of the burgh of Lawder for the tyme, and at the instance of the baillie deput of the baillierie of Lauderdale aganist Mr Mark Ker, then commisser of Lawder, wherby the saids lords decerned and ordained letters to be direct to command and charge the said commisser of Lawder to hold his commisser courts at the burgh of Lawder as the only ordinar place of the said consistoriall used and wont in all tymes preceiding the said decreit, and ordained him to administrat justice ther to all parties, persewers or defenders haveing interesse and als discharged the said commisser simplicter of all holding and fenceing of courts in any other place within the bounds of the said commissariot of Lawder; and lykwayes, to command and charge all and sindrie our soverane lords leidges and subjects within the said commissariot, be open proclamation at the mercat croce of the said burgh of Lauder and toun of Dunce, to compeir befor the said commisser in the said burgh of Lauder allenerlie, and to persew and defend ther in all their causes as effeired, and to desist and cease from all compeirance befor the said commisser of Lauder, his deputs or substituts within any other parte of the said commissariot, except allenerlie in the tolbuith of Lauder, in the haill heids and decernitors contained in the said decreit given in foro contradictorio in maner therinmentioned, declareing that this present ratification shall be als sufficient to the said burgh of Lawder as if the forsaid decreit wer insert ad longum heirintill; wheranent his majestie, with advice forsaid, hes dispenced and, be thir presents, dispences for now and ever, and ordaines the said commisser court to be keept at Lawder in all tyme comeing.
[1661/1/278]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies, approves and confirmes the signatour and gift granted and superscryved be his majesties' royall hand at Whitehall, the tuentie eight day of August 1660 yeers, ordaineing ane letter to be made under his majesties' privy seall of Scotland, makeing, constituteing, nominating and ordaineing Major David Ramesay, dureing all the dayes of his lifetyme, commisser of the commissariot of the Yles, and giveing and granting to him, dureing the space forsaid, the same office with all fies, casualities, proffeits, priveledges, dewties immunities and others whatsumever perteaneing and belonging therto, within the haill bounds and jurisdiction thairof, als amplie as any commisser did heirtofore exerce the same, with power to him be himselff and his deputs to intromet with uplift and receave, brooke, joyse, use and exerce the forsaid office with all fies, casualities, immunities, priveledges, dueties and liberties pertaining therto, and to choise and nominat fiscalls and other members of court inplace and displace them siclyk and als freely, in all respects, as any other commisser of the said commissariot hes done or might have done at any tyme befor, in the haill heids, clauses and conditions thairof, willing and declareing thir presents to be als valeid and sufficient as if the said letter wer alreadie past the privy seale and heirin, word be word, ingrost and insert; wherwith his majestie, with advice forsaid, dispences for now and ever.
[1661/1/279]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of the estats of this present parliament, ratifies and approves the vendition and alienation made be the magistrats councill and communitie of the burgh of Selkirk to and in favours of Johne Riddell of Hayning, his airs and assignayes, of the milne called the Burne milne, with the kill and schellinghill thairof and the watergate, clouss, dam and passages, priveledges, liberties, immunities and others spetially and particularly mentioned in the contract of alienation thairof past betuixt the said Johne and the said burgh theranent, dated at Selkirk, the sexteinth day of March last bypast, with the precept of sasine therincontained, resignation, charters, infeftment and others following thairupon, together with the act of the generall convention of burrowes made and granted be thame upon the tuentie day of the said moneth, ratifieing and approveing the said vendition and alienation with all that had followed or might follow thervpon, in all and sindrie the heids, clauses, articles, obleidgements, circumstances and conditions thairof, after the forme and tenor of the same in all poynts.
[1661/1/280]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament ratifies, approves and confirmes to and in favours of Johne Stirline of Orcherfeild the gift and commission made to him be Thomas, bishop of Galloway, of the date the seventeinth day of October 1635 yeers, wherby the said Johne is made and constitute commisser of the commissariot of Wigtoun, dureing all the dayes of his lifetyme, as it wes possest be the deceast Mr Andrew Inkle or any of his predicessours within the haill bounds thairof useit and wont, and by the which gift ther is given, granted and committed to the said Johne Stirleing the said office dureing the space forsaid, with all and sindrie dewties, fies, priveledges, liberties, provents, emoluments, casualities and commodities belonging to the said office be the law and conswetude of this realme, and with power also to the said Johne, dureing the space forsaid, to make and substitute deputs ane or mae in the said office and to make, creat and elect commisser clerks so oft and when it shall happen the office of commisser clerkship to vaik, and lykwayes, to choise and admit a procurator fiscall als oft as the same shall vaik, and all and sindrie other officers, procurators and members of court neidfull, and to deprive and output them or any of them upon just offences at his pleasure, and to sit and hold courts, minister and doe justice and to exerce all priveledges and authorities belonging to the said office, and that either within the burghs or whatsomever other place within the bounds of the said commissariot which he shall think fit for the weell of the leidges, as he shall sie expedient, and lykwayes ratifies, approves and confirmes to and in favours of the said Johne Stirling, dureing all the dayes of his lifetyme, his majesties' ratification of the forsaid gift containing his majesties' new grant and commission for the forsaid office to the said Johne dureing his lifetyme, with all the powers, priveledges and authorities abovexprest, which ratification is dated at Whitehall, the tuentie tuo day of November last bypast, in the haill heids, articles, clauses and conditions of the same, after the formes and tenors thairof in all points. And his majestie and estates of parliament wills and grants and, be thir presents, decernes and ordaines that this present ratification shall be als good, effectuall and sufficient to the said Johne Stirling, for useing and exerceing of the forsaid office of commissarieship dureing his lifetyme be himselff or his deputs and for createing and appointing fiscalls and all other members of court neidfull, as if the forsaid gift granted to him be the said Thomas, bishop of Galloway, together with his majesties' ratification thairof containing his majesties' new gift, wer both per expressum contained, insert and set doun heirintill at lenth; wheranent and with all other defaults. defects and imperfections which any wayes may be objected against the same, and validitie or invaliditie of the saids gifts, our said soverane lord and estates of parliament have dispenced and, be thir presents, dispences for ever, prohibiteing and dischargeing all other persones from useing and exerceing of the forsaid office of commissership of Wigtoun and all members of court therin, except such as shall be authorized, allowed and admitted be the said Johne Stirline after the forme and tenor of his gifts abovewritten.
[1661/1/281]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies, approves and confirmes the charter granted be his majesties' royall father, of glorious memorie, under the great seale, of the date the eighteinth day of November 1641 yeers, to and in favours of the deceast Alexander, earle of Leven, in lyverent, and of the deceast Alexander, lord Balgonie, his sonne, and his aires of tailyie specified in the forsaid charter, in fie of the lordship and barronie of Balgony, comprehending the lands of Eist Nisbet and others particularly and generally exprest in the same charter, lying within the shirreffdome of Berwick, the lands and barronie of Balgonie comprehending the lands and others mentioned in the forsaid charter, lyeing within the shirreffdome of Fyffe, the lands of Tretounmyre, the lands of Craigincat, the lands of Eister Bagillie, with the milne called Inchdatiemilne, lying within the said shirreffdome of Fyffe, and sindrie other lands, milnes, woods, fishings, coalls, coallheughs and others mentioned in the forsaid charter, which are all be the same charter of new unite in ane lordship and barronie called the lordship and barronie of Balgonie, to be holden of his majestie and his successours in frie lordship, frie barronie and frie blensh for ever, for yeerlie payment of ane whyte pannashe or whyte feather at the castle of Balgonie in name of blensh ferme, if it bies asked allenerlie, together with the precept of sasine following upon the said charter, and instrument of sasine following upon the same precept, in all and sindrie points, articles and clauses therincontained, after the forme and tenor thairof, and statuts and ordaines that this present confirmation of the same is and shall be als valeid, effectuall and sufficient as if this present confirmation had been befor the death of the said deceast earle of Leven and Lord Balgonie and as if the forsaid charter, precept and instrument of sasine wer at lenth and word be word insert heirin, dispenceing, be thir presents, with the not inserting thairof in this act of ratificatione, and that the same ratification wes not past befor the decease of the said earle of Leven and Lord Balgonie, and in testimonie therof, our said soverane lord, with consent forsaid, wills, grants, statuts and ordaines that the charter abovementioned, with the precept and instrument of sasine following therupon, and remanent rights and securities granted to the saids deceast earle of Leven and Lord Balgonie, his sonne, and their authors and to Alexander, now earle of Leven, oy to the said deceast earle of Leven, are and shall be sufficient and valeid rights and securities to the said Alexander, now earle of Leven, his aires and successours, for brookeing and joyseing of the lands, lordship, barronie and others abovewritten conforme to the tenor thairof in all points in all tyme comeing, to be holden of his majestie and his successours in frie blensh in maner therin mentioned.
[1661/1/282]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of the estates of this present parliament, hes ratified and approven and, be thir presents, ratifies and approves the charter and infeftment made and granted be his majesties' wmwhile dearest goodsir, of happie and eternall memorie, to umqhile Alexander Campbell, commendator of Ecolmekill and pryor of Ardchattan, and to his aires male and assignayes whatsumever heretablie, of all and haill the maner place of Ardchattane, called of old the monasterie of Ardchattane, with all and sindrie houses, mansions, biggings, greens, office houses, yeards and orchyeards of the same, with all priveledges, liberties and service used and wont and addebted to the said maner place for reparation therof and upholding of the same, and of the kirks, teinds, fishings and all other pertinents belonging therto, all unite and incorporate in ane frie tennendrie called the tennendrie of Ardchattane, lying within the shirreffdome of Argyll, and with the claus de no[vo] damus mentionat in the said charter, as the same of the date at Holyrudehouse the nynt day of December 1602 yeers at more lenth proports, together with the precept and instrument of sasine following therupon. Attour, our said soverane lord and estates of this present parliament decerns and ordaines that the forsaid charter and infeftment made and granted be his said umqhile dearest goodsir to the said umqhile Alexander Campbell, his airs male and assignays, with the precept and instrument of sasine following therupon, are and shall be ane good and valeid right to Johne Campbell, now of Ardchattan, sonne and air to the said umqhile Alexander Campbell, and to the airs male and successors of the said Johne Campbell, for brookeing and joyseing of the said maner place and monasterie of Ardchattane, houses, biggings, yeards, orcheards, kirks, teinds, fishings and others particularly and generally exprest in the said charter, as their proppertie and heritage in all tyme comeing but stop or impediment, conforme to the tenor of the same charter, precept and sasine following therupon in all points, and siclyk that this present ratification and generalitie therof shall be als valeid and effectuall to the said Johne Campbell, now of Ardchattan, and to his airs forsaids, for bruiking and joyseing of the same as their heritage in all tyme heirafter, as if the forsaid charter and infeftment, precept and instrument of sasine wer at lenth, word be word, ingrost and insert heirintill; wheranent and with all that may be alledged against the same, our said soverane lord, with advice and consent forsaid, hes dispensed and, be thir presents, dispences for ever.
[1661/1/283]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies, approves and confirmes to and in favours of the provest, baillies, councill, burgesses and communitie of the burgh of Linlithgow and thair successours, the charters, infeftments and others gifts and rights aftermentioned videlicet, ane charter made and granted be Robert, king of Scots, to the said burgh of Linlithgow, of the date the tuentie thrid day of October and of his reigne the eight† yeer, of the said burgh and of the port of Blaknes, small customes, tolls and others contained in the said charter. Item, ane other charter dated the elevent of January 1451 yeers granted be King James the second to the said burgh and thair successors, merchants, burgesses of the same, makand them frie of all customes of salt, skins, commonly called shorlings, skaldings, fufells, lentren wair, lambskins, todskins, calffskins, conyskins, otterskins and fumertskins, of which custome they are freely exonered and discharged by his majestie for the tyme and his successours for ever, and to buy, sell, change or make excambion alswell with strangers and not friemen as with any other persons, salt, skins of any sort, without payment of custome, except what strangers and not freemen of the said burgh of Linlithgow hes been in use to pay in former tymes. Item, ane thrid charter of confirmation granted be his majesties' dearest goodsir, of worthy memorie, dated the 24 May 1593, to the said provest, baillies, councill and community of the said burgh of Linlithgow and their successours, confirmeing the abovewritten tuo charters granted be the said Robert, king of Scots and King James the second, and haill priveledges thairin exprest, together with ane new gift and erection of the said burgh with the said port and harbour of Blaknes, burgadge rents, small customes and thollonies, with the haill remanent liberties of the said burgh, with all and sindrie immunities and priveledge of frie fairs and haill customes therof, proffeits, commodities and dewties whatsomever first belonging to the said burgh of Linlithgow, and whilk the said provest, baillies, councill and communitie or thair predicessors enyoyed or possest in any tyme bygone, with the right and infeftment of the commone mure and commone lands perteaning and belonging to the said burgh within the haill bounds, meiths and marches therof whairof the said burgh hes been in possession, according to their yeerly perambulation of the same, in tyme bygone, with the forsaid port of Blaknes and bounds therto belonging, with the houses, biggings and yeards in Blaknes of old perteaning to the said burgh, and wherof they and thair predicessors, past all memorie of man in tyme bygone, hes been in possession, with all customes, anchoradges and all other casualities perteaning and belonging to ane frie port, with all fruits, rents, lands, proffeits and emoluments whatsumever perteaneing and belonging to the chaplanrie called St Ninian in the said villadge of Blakbuts† and right of patronadge thairof, within the haill bounds, meiths and marches of the same, whairof the said burgh hes ever been in possession off, together also with the priveledge and custodie of that old monument and measure of the firlot and the distribution thairof to his majesties' subjects with all proffeits therunto belonging, whilk the said burgh had of old granted and given to them be his majestie and his predicessours conforme to diverse and sindrie acts of parliament, and spetially be the act intituled, anent the satleing of measures and weights, concludeit at Edinburgh, the nynteinth of February 1618, be the comissioners haveing power to doe the same, appointed be the act of parliament made 28 Junij 1617, and siclyk be the last act of parliament of King James the sext his 23 par[liament], cap. 16 ordaining the said former act to tak effect and to be observed in all points conforme to the tenor therof; as likewise with frie priveledge and libertie to the said burgh of Linlithgow and to none other within the shirreffdome thairof, to pak, peill, loaden, lose or sell betuixt the mowths of the water of Almond and Ewen, of stapell goods or wairs by sea, and that no stapell goods nor other goods perteaning to whatsumever other persons be paked or loadned except at the said port of Blakbuts† and the said burgh of Linlithgow under the paine of escheat of the saids goods, whairof the halffe to his majesties' use and the other halffe to the common use of the said burgh, and als with power to the said burgh of Linlithgow and their successours to elect and choise ane dean of gild yeerly to have a care of the premisses, with als great libertie, in all respects, as any other dean of gild within any of his majesties' burghs, together with that libertie and priveledge of being freed and exonered of all payment of custome for salt and all sorts of skin and hyds particularly abovementioned, and to sell, change or make excambion of the same without custome to be exacted therfor; and siclyk ratifies, approves and confirmes their right and infeftment of the common milne of the said burgh with thair weeklie mercat dayes and publict fairs used and wont, whairof tuo are to be holden yeerly, one upon St Johne's day after Witsonday, and the other upon the tuentie fourt day of October therafter, with als great liberties, proffeits and immunities as any other frie mercats hes within any frie burgh of the kingdome, to be holden all and haill the said burgh of Linlithgow and port of Blaknes, houses and biggings ther with the common moore, common lands and milnes, haill liberties, priveledges and immunities abovementionat, of our soverane lord and his successours in few heritage and frie burgadge royall for ever, for yeerly payment of fyve pund sterline for all other dewties whatsumever that may be asked, required or demanded in maner and at lenth contained in the abovementioned charter. Item, ane fourt charter made and granted be umqhile King James the fyft, of worthie memorie, in his majoritie to the saids provest, baillies, councill and communitie of the said burgh of Linlithgow and thair successours, giveand them full power, libertie and spetiall licence to elect and have yeerlie within the said burgh in all tymecomeing, ane provest, and makeand the said provest and baillies of the burgh, and thair successors, shirreffs of Linlithgow within the burgh thairof, libertie and territorie of the same perpetually in all tyme comeing, with ample power and libertie to the said provest, baillies and thair successors anent the said office of shirreffship useing and exerceing therof within the bounds forsaids, and to repledge whatsoever their inhabitants to their oune justice court fra whatever other court spirituall or temporall they shall be attatched, to beholden of his majestie and his hienes['s] successours in fie and heretage in maner specified in the said charter of the date at Falkland, the last day of August 1540. Item, ane fyft charter given and granted be King James the sext of worthie memorie to the said provest, baillies, councill and communitie of Linlithgow and thair successors of all and sindrie lands, tenements, houses, fruits, rents, emoluments and dewties whatsumever of all alterages, chaplanries and prebendaries dotted and foundit to the said kirk of Linlithgow be whatsoever persones, alswell within the said burgh as without the same, wherever they ly within this realme, and specially the annualrents and dueties dotted and founded to the alterages afterspecified within the said paroche kirk of Linlithgow viz, ane annualrent or light duetie of St Michaell, ane annualrent of the altar of the Holie Croce, ane annualrent of the altar of the Blessed Virgin Marie, ane annualrent of the altar of St Johne the Baptist, ane annualrent of the first altar foundit be umqhile Robert Beidges in honour of the Blessed Virgine Marie, ane annualrent of the secund altar of St Anna foundit be the said umqhile Robert, the annualrent of the thrid altar of St Bride foundit be the said umqhile Robert, ane annualrent of the altar of Sancts, ane annualrent of the altar of St Katherine, ane annualrent of the altar of St Peter, ane annualrent of the altar of St Andrew, ane annualrent of the altar of the bodie of Christ, ane annualrent of the altar of St Ninian, ane annualrent of the altar of the Holie Trinitie, and all other alteradges, chaplanries or prebandaries whatsumever alswell within the said burgh as outwith the same dotted and founded to the said kirk, with full power to the said provest, baillies councill and communitie and thair successours to receave and uptake all and sindrie the saids rents, emoluments, proffeits and dewties whatsumever perteaning and belonging to the saids lands, tenements, houses, alterages, chaplanries and prebendaries and whilks wer in use to be payed to the chaplans or prebendars therof at any tyme bygone, alswell within as without the said burgh, and to apply and convert the saids annualrents, rents, proffeits and dewties to ane necessar use and sustentation of the reider at the said kirk of Linlithgow, and for helpe of the poore of the hospitall of the said burgh, to the whilk use the same wes granted be the said charter, to be holden of our soverane lord and his successors in maner specified in the said charter under the great seale, of the date at Holyrudehous the eight day of May 1591 yeers. Item, ane right and disposition granted be Lodoveick, duke of Lennox, with consent of his freinds and councellours to the said burgh of Linlithgow, of the anuells, maills and dewties perteaneing to the pryorie of St Andrewes and addebted to them furth of the tenements and lands within the said burgh holden of the said pryorie, containing also ane baillierie therintill, dated the tuentie sevent day of December 1595, and ane other disposition granted in favours of the saids provest, baillies, councill and communitie of Linlithgow and thair successours be James, lord Torphichen and Robert Hamiltoun of Bathgate, with consent of James Tennent of Lenhous and Mr Robert Williamesone, writer, of the temple lands and temple tenement mentioned in the disposition containing ane baillierie therintill, whilk disposition is dated the tuentie fourt day of Junij 1604 yeers and the fyft of February 1605. Item, ane sext charter made and granted be our soverane lord's dearest goodsir King James the sext, of worthy memorie, with advice of the lords of his hienes['s] secret councill and comptrollers for the tyme, to the provest, baillies, councill and communitie of the said burgh of Linlithgow, and to thair successors of all and sindrie his hienes['s] small customes of whatsoever mercats and fairs erected or to be erected be his hienes or his successors within the bounds of the shirreffdome of Linlithgow, alswell of lands lying therin and annexed to other shirreffdomes and regalities as unannexed, to be holden of our soverane lord and his hienes['s] successours for yeerly payment of the sume of fyve shilling[s] sterline money allenerlie to be payed yeerly in his hienes['s] exchequer compts with the burrow maills of the said burgh in maner specified in the said charter, under the great seale of the date at Holyrudehous the first day of December 1601 yeers. Item, ane sevent charter made, given and granted be our soverane lord, the late King Charles, of blessed memorie, to the provest, baillies, councill and communitie of the said burgh of Linlithgow and thair successours of the lyke and the same power, libertie and jurisdiction as they have within thair burgh of Linlithgow, and that within all his hienes['s] publict wayes, gates and passages without the westport of the said burgh to the bridge of Ewen westward, and siclyk round about the said burgh everie wher be all other parts within the said publict gates and wayes be the space of ane myll, and of the full and absolute jurisdiction of all fairs and mercats to beholden in all parts and places outwith and about the said burgh and within the bounds forsaids, with ample power to the saids provest, baillies, councill and communitie of the said burgh and thair forsaids to execute and use siclyk power and censure against all malefactors that shall be taken or apprehendit within the bounds and wayes aforsaid, as they use, execute and exerce within the bounds and territorie of the said burgh of Linlithgow, and as if the same power and jurisdiction wer insert in thair charters and infeftments of the said burgh, to be holden of our soverane lord and his hienes['s] successours for yeerly payment of the sume of sex shillings [and] eight pennies Scots in name of burrow maill, and makeing compt thairof yeerly in his hienes['s] exchequer as they shall be required, in maner specified in the said charter, under the great seale of the date the elevent of July 1633. Item, ane ratification and confirmation of the haill befor mentioned charters, infeftments, gifts, erections and others abovewritten past and exped be our soverane lord, of blessed memorie, and estates of parliament upon the seventeinth day of November 1641 yeers, together with all and whatsoever other charters, infeftments, rights, gifts, grants, acts, pensions, bands, priveledges and immunities whatsoever made and granted to the said burgh of Linlithgow, provest, baillies, councill and communitie thairof or to their predicessours be his majestie, or any of his noble progenitors, and thre estats of this kingdome at any tyme bygone preceiding the date heirof, dispenseing with the generality heirof as if every particular wer insert heirin, in all and sindrie the heids, points, clauses, articles, circumstances and conditions particularly mentioned and exprest in the forsaids charters, infeftments, erections, gifts, grants, dispositions and other rights respective, generally and particularly befor rehearsed, and after the formes and tenors thairof in all points, and our said soverane lord and estates of parliament wills and grants, and for his hienes and his successors decernes and ordaines, that this present ratification is and shall be als valeid and sufficient and of als great force, strenth and effect to the said provest, baillies, councill, burgesses, inhabitants and communitie of the said burgh of Linlithgow and thair successours, for bruiking and enjoying of the said burgh with the haill priveledges, shirreffship, port, harbour, milne, moore, fairs, common firlot, small custome, lands, tenements, houses, annualrents, fruits, rents, emoluments and dewties whatsumever specially and generallie abovewritten, and of the annualrents forsaids dotted to the altarages, chaplanries and prebendaries forsaids, and the said power, libertie and jurisdiction of his hienes['s] said publict wayes and gates without and about the said burgh of Linlithgow and within the bounds forsaid and liberties thairof, and of the loading, packing and peilling of all stapell goods betuixt the mouthes of the waters of Almond and Ewin in maner contained in the saids charters, and others rights forsaids, as if the same and everie ane of them wer at lenth spetiallie ingrost and insert de verbo in verbum in this present ratification, notwithstanding that the same be not so done; wheranent and with all other defects, imperfections and objections whatsumever whilk may be proponed or alledged against the said charters and others grants, gifts and rights forsaids, and validities of the same or this present ratification thairof, our said soverane lord and estates of parliament hes dispenced and, be thir presents, dispences for ever.
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Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the charter made and granted be his majesties' wmwhile dearest foirgrandsir King James the fourt, of worthy memorie, of the date the tuentie one day of August 1498, makand mention that the said wmwhile King James the fourt, haveing come to his rype and perfyte age of tuentie fyve yeers, did reduce to his memorie after his generall revocation of all donations given and granted be him in his tender age, and that he fund evidently both himselff and his councill, by his antient registers and records, that his most royall predicessor David, king of Scots, fewed and erected the toun of Aberdein with bounds and pertinents commonlie called Old Aberdein, in ane episcopall seat and citie for ever, with all rights, liberties and priveledges belonging to a city, and declared the said toun to have been and to be so fewed and erected, and his majesties' said umqhile dearest forgrandsir, haveing come to his perfyte age, as said is, of new agane fewed and erected the same in ane city and university, with all the rights, priveledges and pertinents belonging unto a city and university, with als great freedome and libertie as any city or university within this kingdome is infeft or possest, and for the more sure and cleir libertie of the forsaid city and university, and other causes exprest in the said charter, his majesties' said umqhile dearest foregrandsir creat, made and fewed the forsaid toun of Old Aberdein, with the bounds and pertinents in a city and university, and in a meir and frie burgh of barronie for ever, and lykewise granted to these who did inhabite or therafter should inhabite the same, full power and libertie of buying and selling within the said burgh of wyne, wax, cloath, woollen and lining, broad and narrow, and other merchandice, and of haveing and keeping baikers, brewers, fleshers and boutchers, alswell of fleshes as fishes, and other craftsmen of trades whatsumever maner of way belonging to the libertie of ane burgh of barronie, and als granted that in the said city, university and burgh ther may be burgesses, provest, baillies, serjands and other officers necesser for the government of the same and granted to the bishop of Aberdein for the tyme, and his successors bishops thairof, full power and libertie of choiseing, appointing and ordaineing yeerly the said provest, baillies, serjands and other necessar officers, and of inputing and removeing the saids persons how oft so ever they should find expedient, and that they should have ane croce and mercat place in the same and a mercat day everie week on Monday and publict fairs everie yeer for ever, to wit, one upon the supper of the Lord befor Pash, commonly called Skyrthursdayes' fair, another upon the day of St Luke the evangelist through ther whole eight dayes, with all the emoluments, liberties and priveledges belonging or which justly doe belong to such fairs and to a frie burgh of barronie and to a city and university all maner of way, as also granted to the said bishop of Aberdein and his successors and others mentioned in the said charter, full priveledge, libertie and power of buyeing all sorts of victuall, wynes or other merchandice brought within the port of Aberdein or without the same be any of his majesties' leidges whatsomever, or strangers of other kingdomes resorteing thither, for their oune commodious utilitie both for the honest sustentations of themselffs and families and for selling agane the saids victualls, wynes or merchandice or by and attour of traffecting and playing the merchant any maner of way, as it hes been in tymes bygone inviolably observed; of holding and possessing the forsaid toun of Old Aberdein with the bounds and pertinents in a city and university and in a meir and frie burgh of barronie to the said bishop of Aberdein and his successors and substituts, and to such as inhabite or shall inhabite in tyme comeing for ever, with the forsaids priveledges, liberties and gifts and all other liberties, proffeits, comodities and easments whatsomever justly belonging therto, alswell nominat as not nominat apperteaning or that may justlie apperteane any maner of way in tyme comeing, to be a city, university and frie burgh of barronie als freely, quyetlie, fullie, honourablie well and in peace in all and through all as any city, universitie or burgh of barronie within this kingdome in any tyme bygone hes been fewed and possest, as in the said charter at mair lenth is contained, in all and sindrie heids, articles, clauses, conditions and circumstances contained in the same, and declares this present ratification to be of als great availl, force, strenth and effect as if the said charter wer at lenth, word be word, insert and ingrost heirintill; whairwith and with all other objections, defects and imperfections that may be proponed or alledged against the same, our said soverane lord, with advice forsaid, hes dispensed and, be thir presents, dispenses for ever.
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Our soverane lord, with advice and consent of his hienes['s] estates of this present parliament, ratifies and approves the disposition of mortification and pious donation therinspecified of the date the sevent day of July 1659 yeers made and granted be the deceast Johne Wood, esquire, of the summs of money, lands and others therin mentioned for erecting, building and upholding of ane hospitall within the paroche of Largo, and mantaineing therin of threttein poore, indigent and infirme persones of the qualities exprest in the disposition abovementioned, and likewise the disposition of mortification and pious donation therinspecified of the date the forsaid sevent day of July 1659 yeers, also made and granted be the said deceast Johne Wood, of the toun and lands of Orkie, with the pertinents and others therin exprest, towards the erecting and building of ane gramer schooll within the paroche of Drumeldrie, lyeing within the shirreffdome of Fyffe, and of ane constant and yeerly provisione and sallarie to ane schoolmaster therat, and for mantenance of four poore schoollers therat also in all tyme comeing, in maner at lenth exprest in the said mortification, together with the nomination and power specified in the forsaids dispositions given therby be the said deceast Johne Wood, founder of the forsaid hospitall and schooll, to the patrons and administrators or oversiers nominat in the same dispositions, to uplift the sums of money therin exprest and to purchesse lands and others irredeimably to the behove aforsaid and, as the saids administrators shall recover the same sums of money, to establish more persones in the hospitall and schooll abovementioned in maner and conforme to the true intent and meaneing thairof; together likewise with the decreits of registration interponed thairto and sasines following thairupon, and all that shall follow upon the premisses, in all and sindrie poynts, articles and clauses therin contained, after the forme and tenor of the same, and declares, statuts and ordaines that this present generall ratification thairof is and shall be als good and sufficient in all respects as if the same wer at lenth insert in this ratification, dispenseing with the not inserting of the forsaids writts herintill. And further his majestie, with consent forsaid, and for the encouragement of others to the lyk pious donations, statuts, declares and ordaines that the lands, sums of money and others alreadie mortified and to be purchest for the forsaid hospitall and schooll and members thairof, shall in all tyme comeing enjoy and possesse all immunities and priveledges competent to any hospitalls and schoolls or other pious donations within this his majesties' antient kingdome of Scotland.
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Our soverane lord, with advice and consent of the estates of this present parliament, ratifies and approves the charter granted be his majesties' royall grandfather, of glorious memorie, under the great seale, of the date at Holyrudehouse, the tuentie day of January 1588 yeers, to the deceast William Forbes of Monymusk, grandsir to his majesties' loveit Sir Johne Forbes, now of Monymusk, his aires maill and assignayes whatsumever, of the lands and barronie of Monymusk with the pertinents, lying within the shirreffdome of Aberdein, and of the erection of the toun of Monymusk, tenements, houses, biggings, particats, crofts of land, yeards, orchyeards, tofts, crofts and pertinents thairof, lyeing in the territorie and burgadge neir the toun of Monymusk, in ane haill and frie burgh of barronie called the burgh of barronie of Monymusk, with the right and priveledge of tuo frie fairs to be holden yeerly upon the mure of Monymusk, ane therof in harvest at the first feast of the Virgine Marie, called the first Marie day, and the other at the last feast of the same Virgine Marie, with power to the said deceast William Forbes and his abovewritten yeerly at the feist of Michaelmes to elect, nominat and constitute baillies ane or mae of the forsaid burgh for the government thairof and administration of justice to his majesties' leidges within the same, conforme to his hienes['s] lawes, and siclyk of the gift and dispositione therby made to the said deceast William Forbes and his abovementioned of the escheits, amerciaments and casualities of all courts which perteaned or might perteane of old to the superiors of the lands abovespecified, and to his majesties' said deceast royall grandfather for the tyme, and likewise of the power and libertie granted to the said deceast William Forbes and his abovewritten, and thair baillies and deputs in thair names, to use and exerce all liberties, priveledges, rights and commodities whatsumever belonging to any other burgh of barronie within this kingdome, to be holden of his majestie and his successors in maner exprest in the forsaid charter, together with the precept and instrument of sasine following therupon, in all and sindrie points, articles and clauses therin contained, after the forme and tenor of the same, and declares, statuts and ordaines that this present generall ratification thairof is and shall be als valeid, effectuall and sufficient, in all respects, as if the same wer at lenth and word be word insert heirin, and had been past befor the death of the said William Forbes, dispenseing, be thir presents, with the not inserting therof heirin and with his death, and all other objectiones and alledgeances that can or may be proponed against the validitie of the forsaid charter, precept and instruments of sasine, and the right of the forsaid burgh of barronie, lands, fairs and others therin exprest, and statuts, ordaines and declares that the same are and shall be sufficient and valeid rights and securitys to the said Sir Johne Forbes, now of Monymusk, his aires and successours, for bruiking and joyseing of the lands, burgh of barronie, frie fairs, with the tolls and customes thairof and others abovespecified, in all tymecomeing, and to the effect that the forsaid frie fairs may be made the more notour and manifest, considering the keeping thairof will be advantageous to all his majesties' leidges duelling in and about the forsaid burgh of barronie and others concerned, our soverane lord, with advice and consent forsaid, ordaines publication to be made therof at all mercat croces and other places neidfull, and heirby impowers the said Sir Johne Forbes, now of Monymusk, his aires and successours, to cause keep the same frie fairs yeerly, the tymes abovementioned, and be themselffs and others in thair names to uplift the tolls and customes therof and apply the same to their oune use, and generallie to doe all other things theranent for keeping of good order therin siclyk and als freely as any other superior of a burgh of barronie hes done or may doe be the lawes and practick of this kingdome.
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Our soverane lord, with advice and consent of his estates of parliament, considering that his majesties' umqhile dearest goodsir King James the sext, of eternall memorie, be his letter of gift under his majesties' great seale, of the date at Falkland the fyfteinth day of July 1591 yeers, for the causes therin mentioned, gave, granted and heretablie disponed to the provest, baillies, councill and communitie of the burgh of Cromertie, and thair successors magistrats thairof, full power, priveledge, libertie and donation of ane frie mercat and fair yeerly to be holden and keept within their burgh at the feist and terme of Mertymes and to continew and endure for the space of eight dayes befor and after the said feast of Mertymes, for buying and selling therin all kynd of merchandice, alswell forrane as intestine, siclyk as any other burgh within this realme wer in use to buy and sell, with power also to the saids magistrats to make, create and ordaine keepers and customers for collection and ingathering of the customes of the said mercate and fair, and to apply the same to the use, utilitie and proffeit of the said burgh and, if neid bies, to poind and distreinyie therfor, with all and sindrie other liberties, commodities and proffeits of a frie mercate and fair, freely and quyetlie without any revocation, contradiction or obstacle whatsumever, as the said letter of gift of the date forsaid in it selff more fullie beares. And als, our soverane lord and his saids estates of parliament, considering that his said umqhile dearest goodsir, after his perfyte age of tuentie fyve yeers compleit and after his hienes['s] revocations, be his charter under the great seale of the date at Holyrudehouse the fourt day of July 1593 mentioning that his said hienes, understanding that the burgh of Cromertie wes erected of old in ane frie burgh royall with all priveledges and immunities that any other burgh royall within this realme had disponed unto them, and that the magistrats thairof wer ever prompt and readie to doe and performe good and thankfull service to his majestie and his predicessours, and that the old infeftments and erection of the said burgh with the priveledges and immunities thairof, partlie by antiquitie of the same and partlie by the troubles and wars in those places, wer taken away and destroyed, and that his majestie, being unwilling that the inhabitants of the said burgh should be prejudged or incur any prejudice or damnadge in their saids antient rights and priveledges, bot rather that the same should be amplified and extendit in all tyme therafter, and to encourage them to continew in doeing and performeing faithfull services to his majestie and his successors, and throw the speciall respect his majestie had to the port, commonlie called the heaven and harbour of the said burgh, as the most saffe harbour of these places of this realme; thairfor, his majestie not only ratified, approved and confirmed the haill priveledges and liberties of the said burgh of Cromertie as ane burgh royall in the haill heids, articles and conditions thairof, bot also of new gave, granted and disponed to the provest, baillies, councill and communitie of the said burgh and thair successours heretablie the forsaid burgh of Cromertie, with the haill burgadge lands therof alswell within as without the same proppertie as commontie, with the milnes and fishings perteaneing and belonging therto, alswell in the sea as outwith the same, betuixt the lands of Moorehead, Boigehouse, Boiges of Farness belonging to the shirreff of Cromertie on the west, the lands of Eathie and the sea on the south and likewise the sea on the eist and north parts, with the port, heaven and harbour or roade of the said burgh in all places within the rocks or craigs called the Souters of Cromertie, and all thair pertinents, with frie power, priveledge and libertie to louse, burdein and disburdein, pack and peill all goods called staple goods, and all other lawfull merchandice with the anchorages and customes comeing in within the said bounds, and to give and direct cockquets, and to creat and elect provest, baillies, councellours, dean of gild, thesaurer, clerk, serjands and all other officers and members requisite and necesser for government of the said burgh and administration of justice† therintill, and to buy and sell within the same wyne, wax, cloath, lining and woollen, salt, pitch, tar, yron and all other lawfull merchandice, and to have ludgeings and duelling houses therin with baxsters and slayers and breakers of fish and flesh, and all other artificers requisite, and to make and create burgesses and gildbrether, and to set, affix, affirme, hold and continew courts als oft as neid bies within the said burgh for administration of justice therin, and to reduce, recall and repledge the inhabitants of the said burgh to the jurisdiction, priviledge and libertie therof from whatsumever judge or judges spirituall or temporall within this nation, before whom they should be attached and areisted and to find caution† for giveing and administration of justice within term of law, bloodweits† and amerciaments of the saids courts, to uplift and receave and to applye the same to their oune use and behove with the seisse boll and seisse tree, and with power also to the saids magistrats and their successors to build, erect and have ane mercat croce with trone and trone weights within the said burgh, and to have ane publict mercat day weekly on Monday for buyeing and selling of all kynd of merchandice in all tyme therafter, and tuo frie fairs in the yeer, to wit, one free fair or mercat to begin the eight day of March yeerly, called St Normand's mercat, and the other mercat beginning the fourteinth day of [---], called Regulus day, and both the saids fairs to continew and endure for the space of fyve days therafter, and likewise with power to the saids magistrats and thair successours to ask, crave, exact, receave and uplift the haill tolls, customes, pringilt, averan, entriesilver, gadgeing silver and all other dewes of whatsumever ships, boats or crears comeing and repareing within the bounds of thair said port or heaven, roade or harbour, and of all merchandice therin, and to make heretable dispositions of any common land belonging to the said burgh for bigging, building and makeing policie within the same, and generallie with all other prerogatives, immunities and priveledges which ever belonged to the said burgh or whilks any other frie burgh within this realme enjoyes or may enjoy. Moreover, his majestie, knowing that the port of the said burgh wes altogether become rwinows throw defect of reparation and inabiltie of the inhabitants thairof, gave, granted and disponed to the saids magistrats and thair successours, the three chaplanries underwritten viz, the chaplanrie of St Regulus, foundit and doted be the inhabitants of the said burgh and their predicessours, wherof the rent at that tyme extendit to ten pund [and] threttein shilling[s] four pennies, and the chapelanrie of St Dotachus in Navitie, and the chaplanrie of St Michaell ther, lyeing within the libertie of the said burgh, which being compted together extendit to sextein marks, together with the whole fermes, silver, maills, dewties and annualrents perteaneing to the saids chapelanries and everie one of them to be uplifted yeerly be the saids majestrats as ane parte of the common good of the said burgh, and be them applyed for reparation and upholding of the said port in all tyme therafter, to be holden of his majestie and his successours in maner specified in the said charter, be vertew whairof and precept of sasine granted to the saids magistrats under the testimonie of the great seale relative therto, and of the date therof, they wer upon the tuentie tuo day of April 1594 yeers lawfullie infeft in the said burgh, fairs, mercats, priveledges and pertinents therof abovespeit and therafter, be vertew of letters of publication raised at the instance of the saids magistrats, they upon the tent day of September in the said yeer caused lawfullie publish thair saids rights, liberties and priveledges granted to them be vertew therof in maner abovementioned, as the said charter, precept and instrument of sasine following therupon, letters of publication thairof and executions of the same, of the dates respective forsaids in themselffs more fully proports, be vertew whairof the magistrats of the said burgh of Crommertie and their predicessors wer in the continowall, reall and actuall possession of their saids mercats, fairs, priveledges and liberties since the tyme abovespecified of their said right therto but any impeatchment, and whilk charter and infeftment respective abovementioned and priveledges therin contained wer upon the seventeinth day of November 1641 ratified, approven and confirmed be our soverane lord his umqhile dearest father, King Charles the first, of ever blessed memorie, and his estates of parliament then conveened at Edinburgh, as the said ratification in it selff also more fully beares. And in lykmaner, our soverane lord and his saids estates of parliament, considering that the said burgh of Cromertie are be the [---] act of our present parliament ordained to be of new inrolled as ane frie burgh royall amongst the royall burghs of this realme, and to enjoy their former priveledges and liberties conforme to their saids rights and infeftment, and that conforme to the said act of parliament the said burgh wes inrolled be the late convention of burrowes holden at Edinburgh the [---] day of [---] last bypast, and siclyke considering that be former acts of parliament all mercats are prohibited to be keept on Monday and Sunday, and that it is most necesser that ther be ane other weekly mercat day granted to the said burgh and magistrats therof in liew and place of the forsaid Monday's mercat, wherby the burgesses and inhabitants therof may be the better furnished and provydeit in victualls, commodities and all other necessars, both for themselffs and others, his majesties' leidges resorteing to that place the same being a seaport and current passage to and fra the northerne parts of this realme, and finallie his majestie and his saids estates, considering that the said burgh of Cromertie, magistrats therof and inhabitants within the same, their constant loyaltie, obedience and readines to doe and performe good services to his majesties' most royall progenitors is sufficiently cleir, manifest and apparent be their saids rights and infeftments (being the onerous cause for which the same wes granted) and their willingnes and reall intentions to continew and persevere loyall subjects to his present majestie and his successours, and to doe and performe the lyk services to him for the future upon all occasions; thairfor, our soverane lord, out of his princely care had to the said burgh of Cromertie, magistrats and inhabitants thairof, and for their further encouradgement in the premisses and better accomodation of his majesties' leidges resorteing to the said burgh, as said is, have ratified, approven and perpetually confirmed and, be thir presents, (with the speciall advice and consent of his estates of parliament and with the addition and alteration after specified) ratifies, approves and perpetuallie confirmes the forsaid letter of gift made and granted be his said umqhile dearest goodsir under the great seale to the saids magistrats of the said Mertimes mercat with the forsaid chartour of confirmation, and new erection granted be him to them of thair said burgh tuo frie fairs, liberties, priveledges and customes thairof, also under his majesties' great seale, precept and instrument of sasine following therupon, letters of publication thairof and ratification of the same abovespecified, and all other infeftments of erection and rights of the said burgh formerly granted to them be any others his majesties' most royall ancestors, together with the forsaid act of parliament conceaved in their favours for their inrollment, as said is, and act of convention of burrowes wherby they wer inrolled conforme therto and possession of the saids mercats, fairs and priveledges† be vertew of the saids rights and infeftments, in the haill heids, articles, clauses, circumstances and conditions thairof, and our said soverane lord wills and grants and for his hienes and his successors, with consent forsaid, decearnes and ordaines that the forsaid generall ratification is and shall be als sufficient to the saids magistrats and their successors as if the saids rights, infeftments, acts of parliament and convention of borrowes wer heirin particularly and at lenth ingrossed; wheranent and with all that may be objected against the validitie thairof, his majesttie, with advice and consent forsaid, hes despenced and for him and his successors, be thir presents, dispences for ever. And further, our soverane lord, with advice and consent forsaid, hes altered and changed and, be thir presents, alters and changes the forsaid weekly mercat formerlie keept on Monday, and ordaines the same to bee keept in all tyme comeing on Thursday, and lykwayes, of new gives, grants and dispones to the provest, baillies, councill and communitie of the said burgh and thair successors, the forsaid weekly mercat to be keept in all tyme comeing on Thursday, as said is, and the forsaids thrie frie fairs, the one therof, called St Normand's mercat to be keept with in the said burgh, and to begin the eight day of March yeerly, and the other formerlie called St Regulus day, to be keept within the said burgh and to begin the fourteinth day of [---] yeerlie, and either of the saids mercats to continew for the space of nyne† dayes, and the thrid fair, formerly keept within the said burgh, called the Mertymes mercat, to begin the eleventh day of November yeerly, and therafter to continew for the space of eight dayes, with the haill tolls, customes, casualities and proffeits of the saids three fairs, and all other priveledges perteaning or that is any ways knowne to apperteane and belong therto, siclyk and als freely and in the same maner as any other royall burgh within this realme hes, does or may brooke and enjoy the lyke priveledges within the same, at any tyme bygone or to come, inhibiteing, commanding and dischargeing, be thir presents, all his majestties' leidges, of what degree or qualitie soever, that they no wayes trouble or molest the said burgh of Cromertie and magistrats thairof, or their successours, in keepeing or enjoyeing of the saids fairs, weekly mercat, priveledges and liberties abovespecified by assumeing the right thairof to themselffs, or keepeing the same in any other toun, burgh, village or place within this realme upon the saids dayes in prejudice of the said burgh of Cromertie in any tyme comeing, under all hiest paine and incurring his majesties' displeasure; to the effect the same, with the customes and emoluments thairof, may be peaceablie brooked, joysed and possest be the said magistrats of the said burgh of Cromertrie and thair successors, but any interruption conforme to their rights and infeftments granted to them therupon and possession had and apprehendit be them of the same be vertew therof in all points, to be holden and for to hold the said burgh of Cromertie, with the haill tenements, burrow, roods, houses and pertinents thairof abovespecified, of our soverane lord and his successours, in frie burgadge for payment of the dewties respective abovespecified contained in thair said infeftments.
[1661/1/288]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies, approves and perpetuallie confirmes all and sindrie charters, infeftments, gifts, grants, liberties, priveledges, rights, titles and securities whatsumever made and granted be his majestie and his most noble progenitors, of eternall memorie, to and in favours of the burgh of Dumbartane, provest, baillies, counsall and communitie therof, at any tyme bygone and acts of parliament and other rights ratifieing the same of whatsoever dates, tenor or contents they be of, and spetially but prejudice of the generalitie forsaid, the charter and infeftment granted be his majesties' royall grandfather King James the sext, of blessed memorie, under the great seale of Scotland, to and in favours of the said burgh and their successours, of the date at Newmercat the threttein day of December 1609 yeers, with the ratification thairof past in their favours in the second parliament of his majesties' most royall father King Charles the first, of renowned memorie, holden at Edinburgh, the seventeinth day of November 1641, together with the protestation taken in the same parliament be the provest and commissioner of the said burgh of Dumbartane for the tyme against the burgh of Glasgow, and against the ratification past in their favours in the said parliament and the pretendit infeftment ratified therby, which protestation the king's majestie and estates of parliament did admit of consent of Patrick Bell, commissioner of the said burgh of Glasgow, being personallie present for the tyme, and declared that the forsaid pretendit infeftment and ratification thairof should not prejudge the toun of Dumbartane anent their rights and possession above and aftermentioned, in maner at lenth specified in the said protestatione, with all and sindrie liberties, priveledges, immunities, casualities, customes and dueties contained in the saids rights, or whairof the saids provest, baillies and councill of Dumbartane, or their predicessours are or hes been in use of possession at any tyme bygone, and spetially but prejudice of the said generalitie, with the priveledge and libertie of the rivers of Clyd and Leven and salmond fishings and other fishings within the haill bounds thairof mentionat in the saids rights and infeftments, and with spetiall power and authority to the saids provest, baillies and councill of Dumbartane and thair successours, their factors, thesaurers and collectors in their names, to intromet with, uplift, ask, crave and receave all and sindrie the haill pittie customes and other customes dueties and impositions within all the bounds of the saids rivers of Leven and Clyd betuixt the water of Kelving and the heid of Lochlung, with the dewties of ther cockquets, entries of ships, barks, crears and other vessels, anchorages, watermissours, dockmaills, shoresilver, assise bolls, with the dewties of missourage of all goods transported to and fra the said burgh or any of the ports, shores or roads whatsumever within the saids rivers and bounds thairof forsaid, together with the libertie of thair fairs of Patrikmes, midsomer and Lambes and all other fairs and mercats used and wont, holden and to be holden within the said burgh, libertie and territorie therof, with the keeping and ryding of the saids fairs and mercats and uplifting of all customes, imposts and other dewsties whatsumever, used and wont to be payed in the same, siclyk and als freely in all respects as hes been uplifted and taken in the saids fairs and mercats at any tyme bygone, together with the office of shirreffship within the said burgh, libertie and territorie therof alswell be land as water, with full power to hold courts als oft and sua oft as neid beis within the said burgh, libertie and territorie thairof, or anie parte of the same, and with libertie of court plaint, blood and bloodwite, infang theiff, outfang theiff, pit and gallowes within the same, absents to unlaw and amerciat, transgressours to punish, escheits, unlawes and amerciaments of the saids courts to uplift and receave and to apply the same for the well of the said burgh and, if neid beis, to poind and distreinyie therfor as accords, clerks, serjands, dempsters, officers and others members of court neidfull to make, creat and cause be sworne and to doe, use and exerce all other things necesser belonging to the saids courts of shirreffship within the said burgh and libertie and territorie thairof, siclyk and als freely in all respects as is knoune to perteane to any other frie burgh royall within this kingdome or whairof they have been in possession as shirreffs within themselffs, or otherwayes at any tyme bygone, conforme to the forsaids rights and infeftments made and granted to the said burgh of Dumbartane as is before exprest, in all and sindrie heids, points, articles, clauses, liberties, priveledges, immunities and circumstances thairof; and his majestie, with advice and consent forsaid, wills and grants and for his hienes and his successours decernes and ordaines that this present ratification shall be als valeid, lawfull and sufficient to the said burgh of Dumbartane, provest, baillies, councill and community thairof now present and thair successors, in all tyme comeing, as if the forsaid charters, infeftments, gifts, grants, donations, offices, rights, priveledges and liberties, ratifications thairof and protestations for the same, particularly and generally abovespecified, wer word be word exprest and set doun heirin, albeit the same be not so done; wheranent and with all defects and inconvenients that may follow therupon, and als with all other objections and imperfections if any be which may be opponed or alledged against the validitie of the saids infeftments, rights, priveledges and other forsaids, or of this present confirmation or ratification thairof, his majesttie, with advice and consent forsaid, hes dispenced and, be thir presents, dispences for ever, and statuts and ordaines that the forsaid infeftments, confirmations, gifts, grants, donations, liberties, priveledges and others rights respective forsaids, with this present ratification thairof, shall be ane absolute, undoubted, valeid and sufficient right to the provest, baillies, councill and communitie of the said burgh of Dumbartan now present, and thair successors perpetually, in all tyme comeing, for brookeing, useing, intrometting with, uplifting, joyseing and possessing of the said burgh, lands, liberties, priveledges, pettie customes, impositions, offices and jurisdiction of shirreffship and others respective, particularly and generallie abovespecified, freelie, quyetlie, well and in peace but any impediment or interruption to be made to them therin in any sort, conforme to the forsaids infeftments and other rights, liberties and priveledges forsaids granted and perteaneing to the said burgh of Dumbartane, in all points, and his majestie, with advice and consent forsaid, heirby discharges all other shirreffs and their deputs, and officers and other persones whatsumever, from any troubleing, stoping, molesting or impedeing of the said burgh, provest, baillies, councill and community therof present and to come, in the keepeing and ryding of the saids fairs or any other the liberties, priveledges, immunities, offices, casualities and others respective forsaids within the said burgh, libertie and territorie thairof, either be sea or land in any tyme comeing, conforme to their rights and infeftments forsaids, as said is, and ordaines letters of publication, concurrence and other execution neidfull to be direct heirupon in forme as effeirs.
The whilk day Johne Bell, late provest of Glasgow and commissiour to this present parliament for the said burgh of Glasgow, protested for the same burgh and in name and behalffe of the provest, baillies, councill and communitie thairof, that the ratification granted be the king's majestie and estates of this present parliament in favours of the burgh of Dumbartane, provest, baillies, councill and communitie therof of the charters, infeftments, gifts, grants, liberties, priveledges, rights, titles and securities whatsomever made and granted be his majestie and his hienes['s] most noble progenitors to and in favours of the said burgh of Dumbartane, and of the acts of parliament and other rights ratifieing the same, of whatsomever date or dates, tenor or contents they be of, with all and sindrie liberties, priveledges, immunities, casualities, customes and dewties contained therintill, or whairof they and their predicessors are and have been in use and possession, with the libertie of thair fairs of Patrickmes, midsumer and Lambes, and all other fairs and mercats used and wont holden and to be holden within the said burgh of Dumbartane, libertie and territorie thairof, with the office of justiciary and shirreffship within the same bounds, alswell be land as water, and others particularlie and generally respective mentioned in the same ratification, as the same of the date heirof more fully proports, should be alwayes without prejudice to the said burgh of Glasgow, provest, baillies, councill and communitie thairof, and that the same infeftments, rights, priveledges, liberties and immunities forsaids made, granted and perteaning to the forsaid burgh of Glasgow, provest, baillies, councill and communitie thairof and possession had be them, conforme to the same right, be nowayes prejudged, hurt nor impared be the forsaid ratification granted in favours of the said burgh of Dumbartane, nor be the saids infeftments and other rights therby ratified, and heirupon the said Johne Bell, commissioner forsaid, in name and behalffe of the said burgh of Glasgow, asked and tooke instruments.
[1661/1/289]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of the estates of this present parliament, hes ratified and approven and, be thir presents, ratifies and approves the charter and infeftment made and granted be his majesties' deceast father, of happie and eternall memorie, with advice and consent of his hienes['s] thesaurer, comptroller, collector generall and thesaurer of his hienes['s] said deceast father's augmentations of Scotland, and of the remanent lords of his hienes['s] exchequer for the tyme, wherby his majesties' said deceast father, with advice and consent forsaid, hes ratified and approven diverse and sindrie charters, infeftments, precepts, instruments of sasine, confirmations, acts, sentences, decreits, donations, mortifications, rights of patronages and other rights, tytles, evidents and securities, liberties, commodities, priveledges and others particularlie and generally therin exprest, made and granted to the burgh and city of Glasgow, provest, baillies, dean of gild, thesaurer, councill and communitie of the same and thair successours, be his said majesties' dearest father or be whatsumever his majesties' most noble progenitors, kings, queens, princes and stewarts of Scotland, thair regents and governours for the tyme, or be the lords of councill and session and colledge of justice, and with all and sindrie acts of burrowes, other acts, rights, liberties and possessions, any wayes brooked of before be the said burgh of Glasgow, and kirks, colledges and hospitalls within the same, in maner specified in the said charter, wherby also his majesties' deceast father, with consent of his said hienes['s] thesaurer, comptroller, collector and remanent lords of exchequer for the tyme, his hienes['s] commissioners hes given, granted and disponed cum clausula de novo damus to the provest, baillies, councill and communitie of the said burgh and city of Glasgow and thair successours for ever, all and haill the said burgh and citie of Glasgow, with all and sindrie lands, houses, biggings, tenements, yeards, orchyeards, kirks, kirkyeards, patronages, chappells, chaplanries, teinds, wals, ports, gates, passages, calsayes, aikers, rudes, loches, burnes, tofts, crofts, infeild, outfeild, territorie and commontie of the same, milnes, milne lands, multers, sequells, sucken, thirlage, dames, inlayces, leids and water gangs, craigs, hills, salmond fishings and other fishings, in the water and river of Clyde, hospitalls, correction houses, moores, mosses, greins, commonties, loanes, brigs, coalls, coallheughs, lyme, lyme stone, annualrents, few maills, few fermes, dewties, mansions, fruits, emoluments, fundations, donations, presentations, mortifications, alms, daill silver and all other priveledges and immunities, alswell ecclesiasticall as secular belonging therto, and with libertie and priveledge in the water of Clyd, in manerspecified in the said charter erectand the said burgh in ane frie burgh royall, and giveand to the same burgh ane correction house and with that house called the lipper house and St Ninian's hospitall, with sindrie liberties and priveledges, and with the customes and dewties belonging to the said burgh, and makeand the provest, baillies, councill and communitie of the same burgh and thair successours, heretable patrons of the Troangate kirk of Glasgow, as in the said charter containing diverse and sindrie other heids, clauses, gifts and donations in favours of the said burgh and citie of Glasgow, provest, baillies, councill and communitie thairof and thair successors, of the date at Newmercat the sexteinth day of October 1636 yeers, at more lenth is contained, together with the act of parliament following thairupon, of the date the seventeinth day of November 1641 yeers, wherby his majesties' wmwhile father, with advice and consent of the estates of parliament for the tyme, hes ratified and approven all and sindrie the forsaids charters, infeftments, precepts, instruments of sasine, confirmations, acts, sentences, decreits, donations, modifications, rights of patronages and other rights, tytles, evidents, securities, liberties, commodities, priveledges and others particularlie and generallie therin exprest, made and granted to the said burgh and city of Glasgow, provest, baillies, dean of gild, thesaurer, councill and communitie of the same, and thair successors in maner specified in the said charter, in all and sindrie heids, clauses and circumstances thairof, together with the precept and instrument of sasine following therupon and all that hes followed or may follow theranent, and hes decerned and ordained that the forsaids rights, securities, priveledges and others exprest in the said charter then ratified and approven be his majesties' deceast father, with advice and consent of the saids estates of parliament for the tyme, are and shall be good and valeid rights to the said provest, baillies, councill and communitie of the said burgh of Glasgow, and to their successors for brookeing and joyseing of the same perpetually, in all tyme therafter but trouble or impediment, conforme to the tenor therof in all points, and siclyk our said soverane lord, with advice and consent of the estates of this present parliament, hes ratified and approven and, be thir presents, ratifies and approves all and sindrie the contracts of alienation, letters of disposition, precepts, procuratories and instruments of resignation, charters, infeftments and all rights and securities of whatsomever date or dates the same be made, and granted be umqhile Sir Walter Stewart, elder of Minto, knight and Sir Lodoveick Stewart, younger of Minto, knight his lawfull sonne, to the provest, baillies and councill of the said burgh of Glasgow and to their successors in office, heretablie and irredeimablie, for the use and proffeit of their tuo ministers serveing the cure at the new kirk within the said burgh of Glasgow as ane parte of their stipend, of all and haill the superiorities and few fermes dewties of all and sindrie the milnes and kills of the lands of Westercraigs, foundit and bigged therupon, with multers and sequells, suken, knaveship, liberties, priveledges, yeards, parts, pendicles and pertinents whatsumever perteaneing and belonging to the saids milnes and kills, lyand neir to the said burgh and city of Glasgow and shirreffdome of Lanerick, together with the charter under his hienes['s] great seale granted be his majestie, with advice and consent of his hienes['s] commissioners for the thesaurerie and remanent lords of exchequer of this kingdome for the tyme, to the provest, baillies and councill of the said burgh of Glasgow and their successours in office heretablie, for the use and behove of the saids tuo ministers serveing the cure at the said new kirk as a parte of thair stipend, off all and sindrie the saids superiorities and few ferme dueties of all and sindrie the saids milnes and kills of the lands forsaids, with multers, sequells, suken, knaveship, liberties, priveledges, yeards, parts, pendicles and pertinents whatsumever perteaneing and belonging therto, to be holden of his majestie and his hienes['s] successours (upon the said Sir Walter and Sir Lodoveick Stewarts their resignatione) in few ferme and heritage for ever, for payment yeerly of tuo shilling[s] Scots money at tuo termes in the yeer Witsunday and Mertymes in winter, be equall portions of few ferme allenerlie, which charter is of the date the first day of March 1650 and containes ane clause of de novo damus in ample forme, and with the precept and instrument of sasine following therupon. As likewise his majestie, with advice and consent forsaid of the estates of this present parliament, hes ratified and approven and be the tenor heirof ratifies and approves the charter of alienation and disposition therin contained and precept of sasine following thairupon made and granted be Sir Robert Douglas of Blaikerstoun, knight, with consent of Dame Sussanna Douglas, his spous, to the provest, baillies, deane of gild, the deacons and master of the hospitall called Hutcheson's Hospitall, and to the rest of the councellours of the burgh of Glasgow and to their successours in office, in name and to the use and utilitie of the councill and communitie thairof, of certane parts and portions of lands and others underwritten; as also to them, in name of and to the propper use of the hospitall called Hutchison's Hospitall, and to the poore placed and to be placed therintill, for certane parts and portions of the same lands afterspecified, and siclyk to the forenamed persones and thair successours in office, in name and to the propper use and utilitie of the hospitall called the Crafts Hospitall, for ane certane other parte and portion of the samen lands and others aftermentionat, with the pertinents, to wit: of all and haill the sex pund land of old extent of Gorballs and Brigend, with coalls and coal hewghs within the bounds thairof, and with the tour, fortaleice, maner place, houses, bigings, yeards, orchyeards, tennents, tennandries, service of frie tennents of the same and all other parts and pendicles thairof whatsumever, lyeing within the barronie and regality of Glasgow and shirreffdome of Lanerick, and with the heritable office of baillierie and justiciarie within the said bounds with all liberties and priveledges whatsomever belonging therto, and with all other right, proppertie and possession belonging to the said Sir Robert Douglas and his said spous, to be holden of the deceast noble prince Esmy, duke of Lennox and earle of Ritchmont, superior thairof, in few ferme, fie and heritage in maner specified in the said charter, bearand date the tuentie thrid and tuentie eight dayes of February and May 1650 yeers, together also with the charter of confirmation and ratification therof made and granted be Johne, earle of Traquaire, Williame, lord Cochrane, Sir George Maxwell of Nether Pollock, knight, and Sir Archibald Stewart of Blakhall, knight, commissioners constitute be Marie, dutches of Lennox, tutrix testamentar of Esmy, duke of Lennox, earle of Ritchmont, earle Darnlie and March, lord Tolboltoun, Methven and Obignie, lord of the lordship, barronie and regalitie of Glasgow, superior of the saids lands and others abovewritten, for guideing and governing of his grace's affaires within the kingdome of Scotland, and namelie for entering and receaveing of vassalls and tennents to the lands and others upon resignation or confirmation, precepts of clareconstat and granting of charters and confirmations and precepts therupon, conforme to the commission granted be the said Marie, dutches of Lennox to them or any three of them, the said earle of Traquare being alwayes one for that effect, to be holden of the said deceast noble prince James, duke of Lennox and earle of Ritchmont, father to the said Esmey, duke of Lennox, his aires and successours, superiors thairof, in few ferme and blensh ferme, fie and heritage for ever, which charter is of the date at Glasgow the eight day of September 16[5]5 yeers, together likewise with all and sindrie other charters, infeftments and precepts, instruments of sasine, confirmations, donations, mortifications and all other rights and securities made and granted to the said burgh and city of Glasgow, provest, baillies, deane of gild, thesaurer, deacon conveener, master of the hospitall, counsell and communitie of the same, be whatsumever persone or persones, in all and sindrie heids, clauses and circumstances of the saids charters, infeftments, rights, tytles and securities forsaids, and with the precepts and instruments of sasine following therupon, and all that hes followed or may follow theranent. Attour, our said soverane lord, with advice and consent forsaid of the estates of this present parliament, decernes and ordaines that the forsaids charters, infeftments, rights, securities, priveledges, liberties and others particularly and generally exprest therintill, now ratified and approven, are and shall be good and valeid rights to the saids provest, baillies, dean of gild, councill and communitie of the said burgh of Glasgow and to their successours for ever, for brookeing and joyseing of the same perpetuallie in all tyme comeing but trouble or impediment, as likewise finds and declares this present ratification to be als valeid, effectuall and sufficient to the effect befor rehearsed, as if the forsaids charters, infeftments, sasines, rights and securities, particularly and generally abovementioned, heirby ratified wer insert verbatim heirintill; wheranent our said soverane lord and estats of parliament have dispenced and, be thir presents, dispences for ever; moreover, inrespect the saids lands of Gorballs and toun of Brigend whairof the right is established to the toun of Glasgow and thair hospitalls, as said is, ly contiguous to the said citie at the utter end of their bridge, together with the wheat milne upon the water of Kelving belonging propperlie to the said toun and the baxters within the same, thairfor, our said soverane lord, with advice and consent of the estates of parliament, doe heirby dissolve the saids lands of Gorballs and toun of Brigend, wheat milne forsaid from the shyre of Cliddisdale, regality of Glasgow and paroche of Govane and annex, allocat and unite the same to the city of Glasgow to this effect allenerlie viz, wherby the inhabitants thairof may be parichoners in and with the toun of Glasgow and repaire for the ordinances to the church within the city ewest to them, and in all publict musterings, leveys and outreiks, joyne, levey and randevouze with the city and inhabitants thairof, and lykwayes bearand proportionally parte of all stents, taxations and impositions with the burgh, appointing also the said inhabitants of Gorballs and toun of Brigend and wheat milne forsaid to be ordered, taxed and judged be the magistrats of Glasgow, and to be subject to their jurisdiction and magistracie of the said city in the same maner as the frie burgesses and inhabitants of the same in all tyme comeing, declareing alwayes that the said union and annexation shall infer no further city priveledge to the said inhabitants of Gorballs and Brigend and wheat milne forsaid then to be parichoners of the city to joyne in all musterings, rendevouze and leveys with the city, and to be ordered, taxed and judged by the magistrats therof allenerlie and no further. Lykas, it is further provydit and declared that this present mortification, annexation and union shall not free nor exeem the saids lands of Gorballs and others heirby mortified, annexed and unite from the dues and impositions payable in common be others in the shire of Lanerick be any order from publict authority, bot that the saids lands shall be lyable in payment of excise and other publict impositions with the rest of that shire.
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The which day Walter Watson, provest of Dumbartane and present comissioner frome the same to this parliament, protested in name and behalff of the said burgh, provest, baillies, councill and communitie thairof that the ratification past in this present parliament in favours of the burgh of Glasgow, of thair pretendit infeftments and other gifts, grants, donations, rights and priveledges therby ratified, should nowayes be prejudiciall to the said burgh of Dumbartane, provest, baillies, councill and comunitie thairof and thair successours, anent the priveledges, liberties, customes and dewties whatsumever perteaneing to them and wherof they have right or possession, and spetially but prejudice of the generalitie forsaid anent their priveledges, liberties and casualities of the river and water of Clyd, fishings, customes, anchorages, measureage, weyage and other dewties therof compitent to them and conteined in their rights and infeftments, bot that the same shall remaine in full strenth and force without any derogation therto in any sort, notwithstanding of the said ratification, and as if the same had never been made nor granted; wherupon the said Walter Watsone, commissioner forsaid, in name and behalffe of the said burgh of Dumbartan, asked and tooke instruments.
The which day Andrew Semple, present commissioner from the burgh of Ranfrew, for and in name and behalff of the same burgh, provest, baillies, councill and communitie thairof, protested that the ratifications past in this present parliament in favours of the burghs of Glasgow and Dumbartan of their pretendit infeftments and priveledges whatsumever therin mentioned, should nowayes be prejudiciall to the said burgh of Ranfrew, provest, baillies, councill and communitie thairof, and thair successours, anent their liberties, priveledges, customes and dewties whatsumever perteaneing to them and whairof they have right or possession and spetially anent their liberties, priveledges, customes and dewties of the river and water of Clyd, fishings, customes, anchorages and other casualities thairof competent to them conforme to their rights and infeftments, bot that the same rights shall stand in full force and strenth without any derogation therto in any sort, siclyk and as if the saids pretendit rights and infeftments and ratifications thairof in favours of the saids burghs of Glasgow and Dumbartane had never been made nor granted; wherupon the said Andrew Semple, for and in name and behalffe of the said burgh of Ranfrew, asked and tooke instruments.
The which day the lord advocate, in name and behalff of Charles, duke of Lennox etc., protested that the ratification past in this present parliament in favours of the burgh of Glasgow, of the rights, liberties, priveledges and others therin mentioned, should nowayes be prejudiciall to the said duke of Lennox anent his rights of superiority or any other right he hes of any annualrents or other dewties furth of the said burgh of Glasgow, bot that the same shall remane in full force conforme to his rights and infeftments of the same, notwithstanding of the said ratification and as if the same had never been made nor past, and therupon asked and tooke instruments.
The which day William, duke of Hamilton protested that the ratifications past in this present parliament in favours of the burghs of Linlithgow and Glasgow, of the rights, liberties, priveledges and others therin mentioned, should nowayes be prejudiciall to him anent any right he hes or can pretend to any lands, superiorities or others whatsumever in any of the shires of Lanerick and Linlithgow, and therupon asked and tooke instruments.
The which day Charles, earle of Aboyne, protested in name of the marques of Huntlie that the ratification past in this present parliament in favours of the laird of Monymusk of the lands and barronie of Monymusk, burgh of barronie therof and others mentionat in the said ratification, should be without prejudice of any right the marques of Huntlie could pretend to as superior or otherwise of any of the lands or others contained in the said ratification, and therupon asked and tooke instruments.
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Our soverane lord and estates of parliament, considering that his majesties' umqhile dearest goodsir King James the sext, of ever blessed memorie, conforme to his charter under his majesties' great seale, of the date at Edinburgh the sext day of August 1590 yeers (relative to ane other infeftment granted be his hienes['s] most noble progenitors, also under the great seale, erecting and makeing the toun and lands of Forterose, of old called the Channonrie of Rosse, in ane frie burgh[)], for the onerous causes and good considerations moveing his hienes therto, not only for the weill and utilitie of the said burgh of Forterose and inhabitants thairof, bot also for the proffite and commoditie of others his leidges neir and about the same, and continowally repareing thither and for policie and building within the same for the goode of those parts of his majesties' realme; therfor, his majestie, after his full and perfyte age and generall revocation and act of annexation of kirk lands to the croun, made, erected and incorporat the said toun, lands, bounds and possession of Forterose and pertinents thairof whatsumever, in ane haill and frie burgh royall of this realme, to be called the burgh of Forterose in all tyme therafter, with all priveledges and liberties of ane frie burgh, giveand, grantand and committand to the burgesses and inhabitants thairof then present and thair successours for the tyme, full and frie power of createing and makeing burgesses and friemen within the said burgh and of choiseing provest, baillies, councellours and deacons of craft, with all other officers for government thairof, common good and leidges within the same, and other leidges repaireing therto and statuts of the said burgh as should seem good to them, with power also to them of buying and selling all and whatsumever merchandice and goods siclyk as any other burgh within this realme possest and enjoyed, and to uplift and receave the dewties and customes herof, and to make and assigne mercat places within the said burgh and liberties therof, in all tyme herafter, als oft as it shall seem good to them, and also gave, granted and disponed to the said burgh, provest, baillies, councill and communitie therof and thair successors, tuo weiklie mercat dayes, the one to be keept on Monday and the other on the Sabboth day, and tuo frie fairs yeerly for buyeing and selling of all kynd of goods and merchandice within the said burgh and libertie thairof, the one to be called St Bonnieface day and the other commonly called Pardon day, with the haill customes, dewties and priviledges in the lyk useit and wont, and als giveand, grantand and committand to the saids magistrats and their successors to set and give out in fewferme the common lands, dewties and possessions of the said burgh for the commonweill, utilitie and proffeit thairof, and to hold burrow courts als oft as neid bies for makeing and observeing of good statuts and ordinances, not only for the good of the said burgh and inhabitants therof bot also for the good of the cuntrey and his majesties' leidges resorteing to the said burgh, and to punish transgressours and malefactors both resorteing therto and within the same, and to make and create clerks, serjands, adjudgers and all other officers and members of court requisite and necesser and to serve breives within the said burgh, and proclame and retoure the same and to summon ane assyse to passe therupon ilk persone under the paine of ten punds, and to intromet with and uplift the escheits and amerciaments of the saids courts, assysers and assyses and, if neid bies, to poind and distreinyie therfor, and to apply them to the propper use and utilitie of the said burgh and to repledge the burgesses, friemen and inhabitants of the said burgh fra whatsumever judge or judges befor whom they should be persewed, to their oune jurisdiction and generallie, with all other priviledges, liberties and commodities mentioned in the said charter; be vertew whairof and precept direct furth of the chancelrie conforme therto, the saids magistrats of the said burgh of Forterose wer upon the first day of September one thousand, fyve hundreth [and] fourscore and ten yeers lawfullie infeft therin with the mercats, fairs and priveledges therof abovespecified, as the instrument of sasine under the signe and subscriptione of Martine Logan, nottar publict, wherin the said haill precept is ingrost in itselff more fully proports; and lykwayes, our said soverane lord and the saids estates of parliament, considering that his said hienes['s] wmwhile deceast goodsir, be his other charter under his majesties' great seale of the date the eighteinth day of September 1612 yeers, for the causes therinspecified, not only ratified and approved ane infeftment of erection granted to the burgh of Rosemarkie be Alexander, king of Scots, and ane other infeftment granted be his majesties' most noble ancestor King James the second, under his hienes['s] great seale of the date the eighteinth day of Junij 1455, wherby the said toun of Forterose wes united, annexed and incorporat with the forsaid burgh of Rosemarkie and wer exeemed from all services, helps, pryses, ariages, taxations, exactions, burdings or services whatsumever, and ane other charter of ratification and erection granted be the said King James the sext himselff to the said burgh of Rosemarkie and Forterose, as being incorporat therwith, as said is, of the date the fourteinth day of November 1592 yeers, and all other infeftments, donations, erections, priveledges, immunities and prerogatives whatsumever made, given and granted be his majesties' most noble progenitors or anie of them to the said burgh of Rosemarkie, whairwith the said burgh of Forterose wes united, as said is, of whatsumever dates the same wes of, in the haill heids, articles and clauses of the same, and willed and granted and for his hienes and his successours decerned and ordained the saids burghs of Rosemarkie and Forterose as being incorporate together, as said is, to be holden and repute as ane frie burgh and to possesse and enjoy the haill priveledges and prerogatives therof according to the old infeftments and erections, siclyk as if the induellers and inhabitants thairof formerly enjoyed and possest, and als freely as any other frie burgh within this realme, bot also his majestie of new gave, granted and disponed to the said burgh of Rosemarkie and inhabitants thairof, the haill priveledges, immunities and prerogatives that ever it had or any wayes perteaned or may be knoune to perteane therto, or to any other burgh within this realme or of whilks themseffs or any other frie burgh are in use or doe possesse, and to have provest, baillies, councill and other officers requisite within the said burgh for government thairof and administration of justice therin to the whole inhabitants of the same and others comeing therto, with frie power and libertie of buyeing and selling of wyne, wax, cloath, lining and wooll, salt, pitch, tar, hemp, yron and all other lawfull merchandice within the said burgh, and to have and keep therin baxters, tinklers, fynsters and sellers of fish and flesh and all other artificers belonging to a frie burgh, and to make and have burgesses therin, burrow courts yeerly within the same to place, begin, affirme, hold and continew as use wes therin, for administration of justice to the inhabitants therof and others his majesties' leidges comeing therto, and to repledge the saids inhabitants fra whatsumever judge or judges spirituall or temporall befor whom they shall be persewed, to their oune court and jurisdiction and to find caution de colleraith for administration of justice to the persones complaining within terme of law, and to uplift and receave the bloodweits, unlawes and amerciaments of the saids courts, and to apply the same to the use of the said burgh, with power also to the saids burgesses and inhabitants of the said burgh to have ane mercat croce therin and ane weekly mercat on the Sabboth day, with tuo frie faires yeerly, to wit: the one on St Peter's day in the moneth of June yeerly and the other on the day called old† Saints' day, and either of the saids mercats to endure for the space of three dayes after proclameing thairof, as in former tymes wes accustomed, with the haill tolls, customes and liberties belonging therto, or that be the law can be dignost or knoune to perteane to any other burgh within this realme, and with power to the magistrats of the said burgh and their successors to dispone in parcills their commontie to their burgesses and inhabitants for building and repaireing of the said burgh; and in lykmaner, his majestie of new annexed, united and incorporate the said burgh of Forterose with the said burgh of Rosemarkie, so that the same should be one burgh in all tyme therafter, in maner at lenth specified and conteined in the said charter, to be holden of his said majestie and his successors in frie burgadge in all tyme therefter, as the same lyes in lenth and breid, houses, bigings, mosses, mures etc., for service of burgh used and wont and for payment of the sume of three pund[s] Scots money in name of few ferme allenerlie; and in lyk maner, our soverane lord and his saids estates of parliament, considering that the said burgh of Rosemarkie is now totallie decayed and the houses and buildings therof become altogether rwinous and demolished as also dispeopled, ther being bot some few residenters therin and most of them all poore fisher men and that ther hes been no traffect, trade nor merchandizeing within the said burgh thir many yeers agoe, nor any courts keept within the same for administration of justice therin and for punishing of delinquents, trespassers and malefactors, nor yet any sure place, firmance or tolbuith therin wherin they may be secured and incarcerate till justice have place and be dewlie execute upon them, according to the degrie of their guilt conforme to the lawdable lawes of this realme in that cace provydit, and that the said burgh of Forterose, formerlie erected in a burgh royall and afterwards incorporate with the old burgh of Rosemarkie, as said is, is within a rig lenth to the same old and rwinous burgh and of a most pleasant stance and cituation and of old the cathedrall seate of the dyocie of Rosse, and a toun consisting of many good and considerable buildings and houses, and able to afford all kynd of accommodation both to the inhabitants therof and others, his majesties' leidges resorteing therto, as also much given to vertew and daylie encreaseing and floorisheing more and more in all manner of trade, policie and industrie, the most parte of the inhabitants therof being merchants, adventurers, chopkeepers, baxters, shoemakers, weivers, fleshers, fishers and other manufactories and mechanick trades, which hes ever beene a meane to inrich, support and decore any nation, kingdome or commonwealth, and that the said burgh of Forterose have been still in the possession of thair saids liberties and priveledges by electing of magistrats, admitting of burgesses, freemen and gildbreither, keepeing of courts, calling of sutes befor them and administrateing of justice therin, and that they have a most sure and strong firmance, wairdhouse and tolbuith for keeping of prissoners, trespassers and malifactors upon all occasions; and likewise, considering that be the [...] act of our present parliament the said burgh of Forterose is ordained of new to be enrolled as ane frie burgh royall amongst the royall burrowes of this realme, and to enjoy their former priveledges and liberties conforme to their rights and infeftments and that, according to the said act of parliament, the said burgh wes enrolled be the late convention of burrowes holden at Edinburgh the tent day of January last bypast, and siclyk considering that be former acts of parliament all mercats are prohibite and discharged to be keept on Monday or on the Lord's day as being unlawfull and that it is most necesser that ther be other weekly mercat dayes granted and assigned to the said burgh of Forterose, majestrats and inhabitants thairof in leiw and place of thair said tuo weekly mercats formerlie keept on the saids dayes, wherby they and others his majesties' subjects resorteing to their said burgh may be the better provydeit and accomodat in all tyme comeing, and als that the tuo frie fairs formerlie held and keept within the said old and rwinous burgh of Rosemarkie are now become altogether unproffitable and uselesse to them, as it hes been thir many yeers bygone, and that the inhabitants therof are content and have consented be thair commissioner to this present parliament that the same, with the haill weeklie and yeerly courts, shall be keept in all tyme comeing in the said burgh of Forterose, whairof they themselffs are to be burgesses and freemen, and to have the lyk priveledges as the inhabitants of the same, thairfor, our soverane lord, throw his princely care of the said burgh of Forterose, and respects had therto and to the magistrats and inhabitants thairof and their successours, and for their further encouradgement anent the premisses and for increase of policie and vertew in their said burgh and for the better accommodatione of his majesties' leidges resorteing therto, with the speciall advice and consent of his saids estates of parliament, hes ratified, approven and perpetually confirmed and be the tenor heirof (with the addition and alteration afterspecified) ratifies, approves and perpetuallie confirmes the forsaids charters of ratificatione and erectione respective above narrated and deduced, made and granted be the said Alexander and James the second, kings of Scotland, and his majesties' wmquhile dearest goodsir, King James the sext, of ever blessed memories, with the precepts and instruments of sasine following therupon and possessione apprehendit be the saids majestrats and inhabitants of Forterose and their predicessours be vertew thairof, together with the said act of parliament wherby the said burgh wes ordained to be inrolled as ane frie burgh royall, and act of convention of burrowes wherby the same wes inrolled conforme therto under the name of Forterose, in the haill heids, articles, clauses and conditions thairof conceaved in favours of the said royall burgh of Forterose, and wherby their priveledges and liberties are any wayes concerned and inlarged, and his majestie wills and grants and for his hienes and his successours, with consent forsaid, decernes and ordaines that the forsaid generall ratification is and shall be als sufficient to the said burgh of Forterose, magistrats and inhabitants thairof and their successours, as if the saids charters, precepts, instruments of sasine, acts of parliament and convention of burrowes respective, and others above ratified and confirmed, wer heirin particularly insert and ingrost; wheranent and with all that may be objected against the validitie therof, his hienes, with consent forsaid, hes dispenced and, be thir presents, dispences for now and ever, and that both the saids touns shall be in all tyme comeing called the burgh of Forterose and have provest, baillies, councill and other members requisite for administration of justice in the same and all other liberties and freedomes as any burgh royall enjoyes; and further, our soverane lord, with advice and consent forsaid, hes altered and changed and, be thir presents, alters and changes the forsaids weekly mercats formerly keept within the said burgh of Forterose on Sunday and Monday and ordaines the same to be keept therin on Tuisday and Frydday weekly in all tyme comeing, and of new gives and grants to the provest, baillies, councill and communitie of the said burgh of Forterose and their successors, the forsaids weekly mercats to bee keept within their said burgh, as said is, and the forsaids tuo frie fairs formerlie held within the same, the ane therof called St Bonieface day to begin yeerly the sexteinth day of March, and the other commonlie called Pardon day to begin on Witsunday, and either of them to continewe for the space of three dayes; and als our soverane lord, with consent forsaid, gives, grants and dispones to the saids magistrats and their successours the forsaids tuo frie fairs formerlie holden within the said rwinous burgh of Rosemarkie, the ane thairof called St Peters day, and the other called Hallowmes or old† Saints' day, to be also keeped within the said burgh or in the said rwinous burgh of Rosemarkie as the inhabitants of both places shall think most expedient and proffitable for them, with the haill tollis, customes, casualities and duetys therof, and of the other tuo frie fairs and weekly mercats respective, and all other priveledges perteaneing or that is knoune to perteane and belong therto, als freely in all respects as any other burgh royall within this realme have enjoyed or may possesse and enjoy at any tyme bygone or to come, inhibiteing and dischargeing all his majesties' subjects that they on na wayes trouble or molest the said burgh of Forterose and Rosemarkie respective as being unite and annexed in maner abovespecified, magistrats and inhabitants thairof or their successors, in keeping or enjoying of thair saids frie fairs, weekly mercats and priveledges respective, granted to them in maner abovementioned, by keeping or proclameing the same upon the saids days in any other burgh, landward toun, villadge or place within these parts of this realme in tyme comeing, to the effect the same may be peaceablie possest and enjoyed be the saids magistrats and their successors in all tyme comeing but any interruption, conforme to their saids rights, infeftments and possession had be them of the same be vertew therof in all points, to be holden be the said burgh of Forterose, with the haill tenements, borrow rudes, houses, mosses, moores, useit and wont, and pertinentis thairof abovespecified, of our soverane lord and his successors in frie burgadge in all tyme comeing, for payment of the few dewties and other dueties, rights and services contained in the old infeftments of the same.
The which day, Alexander Cuthbert entered in protest† open parliament a protestation wherby he, as provest and commissioner for the burgh of Innernes, in name and behalffe of the magistrats thairof and haill remanent burgesses and communitie of the same burgh and their successours, protested that the ratifications past in this present parliament in favours of the burgh of Chanrie, alias Forterose and Cromertie of the rights, infeftments, erections and other priveledges alledged granted to them, shall nowayes be prejudiciall to the rights and infeftments granted to the antient royall burgh of Innernesse and magistrats of the same, bot that the same infeftments and other rights shall stand valeid and effectuall, notwithstanding of the forsaids ratifications, siclyk as if the same had never been made nor granted, and further protested that the said ratifications shall nowayes be prejudiciall or stop or hinder the action of reduction and improbation lyeing in dependance befor the lords of councill and session at the instance of the said burgh of Innernesse against them, and therupon he, for himselffe and in name and behalffe forsaid, asked and required instruments.
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Our soverane lord, with advice and consent of the estates of parliament, hes ratified and approven and, be thir presents, ratifies and approves the gift of exemption granted be the deceast David, king of Scots, of worthie memorie, to Adame Torrie, burges of Edinburgh, keeper of the office of cunyie of the kingdome of Scotland, and to the mintmaster and to the rest of the workmen and servants deput in the said office, makeing them frie and quyte of all challenges, supports, dueties and contributions whatsomever to be set and put upon them, their lands, tenements, goods, cattell or merchandice whatsumever, and that all the servants of the said mint shall stand at the decision of the said mint in all pleys and complaints which concerne them, dated the fyft day of February the tuentie eight yeer of his reigne, and also ane other gift granted be the deceast King James the fyft, of eternall memorie, under his signet and subscryved with his hand, giveing licence to the haill officers and members of his cunyiehouse to remaine and abyde at home from all oists, raides, weirs, waponshawings, gatherings and assemblies to be made be his majestie by sea or land, and makeing them and ilk ane of them frie from all watcheing, wairding and stenting to be impute upon them at any tyme therafter, as the saids letters of gift, of the date the tuentie thrid of October, and of his majesties' reigne the threttie yeer proports, and siclyk the gift of exemption granted be our soverane lord's dearest goodsir, King James the sext, giveing to the haill officers of his majesties' cunyiehouse, licence and frieing of them, as said is, and als giveing power to the generall of the said cunyiehouse to repledge the remanent officers and members of the said cunyiehouse from all other judges, courts and jurisdictions to his oune courts of wardinrie of the said cunyiehouse, which his majestie therby gave power to hold and continew, as the said gift of the date the tuentie tuo day of Aprile 1584 yeers more at lenth bears; and als ane other gift granted be the deceast King James, of blessed memorie, with advice of the lords of his majesties' privy councill under the privie seale, giveing licence to the generall of his cunyiehouse, m[aste]r cunyier, wairdenes, sinker, sayer, printers, forgers, melters and others awaiteing upon the service therof, with freedome as is abovementioned, as the saids letters of gift dated the tuentie fyft day of Junij 1579 more at lenth proports, and lykwayes, ratifies and approves the letters of gift granted be his majesties' said deceast dearest goodsir King James the sext, makeing mention of the three last gifts aboverehearsed and, therfor, of new agane giveing speciall licence and priveledge to the generall master cunyier, counter wairden, sinker, essayer, printers, forgers and melters in his majesties' cunyiehouse, alswell then present as therafter to come, to remaine and abide at home from all and sindrie oists, raids, waponshawings, weirs, armes, gatherings and assemblies whatsumever, to have been made be his majesties' leiuetennents, wairdens, shirreffs, stewarts, crouners, provest and baillies of the burgh of Edinburgh and other burghs within this realme of Scotland, and all other his hienes['s] officers, present and to come, either be sea or land inwith or outwith this realme in any tyme therafter, and siclyk hes exeemed them and ilk ane of them fra all watcheing, wairding, payment of stents, taxations, contributions and other impositions whatsumever imposed, or that shall happin to be imposed upon his majesties' leidges of this realme in tyme therafter, and fra all compeirance and pairing upon inquests, assyses, justice courts, justice aires, shirreff courts and baillie courts, appriseings or perambulations of lands or annualrents, takeing of cognitions or any other actions civill or criminall whatsomever, exeeming, exonering and dischargeing them and ilk ane of them therfra for ever, and hes willed and granted that they nor none of them shall nowayes be called nor accused criminally nor civilly for the same, nor shall incur no skaith, perrill nor danger therfore in their persones, lands nor offices in tyme theirafter, notwithstanding whatsomever acts of parliament, lawes or other constitutions made or to have been made in the contrare, anent the whilk his majesties' said deceast dearest goodsir hes dispenced, dischargeing therfor the justice generall, justice clerk and their deputes, thesaurer, advocats, proveist and baillies of Edinburgh and other burgesses within the said realme of Scotland, and all other officers and ministers of his majesties' lawes, present and therafter to come, of all sumoning, indyteing, attatcheing, areisting, accuseing, calling, following or persueing, unlawing or in any wayes troubleing or molesting the saids persones, or any of them or other members of the said cunyiehouse, and of all stenting, taxing or unlawing of them or anie of them for the same in any tyme therafter, dischargeing them therof and of their offices in that parte for ever, and also his majesties' said deceast goodsir hes given and granted full power to the said generall to repledge the haill officers and remanent persones therin named of the said cunyiehouse awaiting thairon, from all other justice courts and jurisdictions to his oune courts of wardinrie of the said cunyiehouse, to whom his late majestie therby gave full power to hold and continew and to create clerks and officers, alter and change the same as neid bies, and to find caution of colleraith for doeing of justice to all parties justly complaining upon law against any of the officers and members of the said cunyiehouse, conforme to the lawes and consuetude in sick caices, and lykas any other generall thairof hes, had and might in any tyme then bygone, inhibiteing and dischargeing therby all other judges to exerce and use any judgment or jurisdiction upon them or any of them, as they wold anser upon their obedience and uttermost charge and perrill, which letters of gift is of the date the fiftein of November 1604; and in lykmaner, the ratificatione granted be his majesties' said deceast goodsir, of worthie memorie, and his estates of parliament, ratifieing and approveing all and whatsomever letters and gifts of exemption, liberties, freedomes, priveledges and immunities made and granted be himselff or his most noble progenitors, to and in favours of the generall and others officers and servants of his majesties' cunyiehouse of Scotland, and spetially the forsaid last letter of exemption granted be himselff makeing relation of the other three letters of exemption above rehearsed, dated the tuentie thrid day of October 1612, in all and sindrie heids, articles, points and circumstances of the same. Attour our said soverane lord, for his majesties' selff and his successours, with consent forsaid, wills, grants, decernes and ordaines that this present ratification is and shall be, in all tyme comeing, als valeid, effectuall and sufficient to the generall and his haill officers and members of his majesties' cunyiehouse in Scotland and their successors, for the peaceable brookeing and joyseing of the priveledges, exemptions, freedomes, liberties and immunities mentioned in the saids gifts, as if the same and ilk ane of them respective wer heirin word be word insert, dispenceing therwith for ever.
The which day Sir Robert Murray of Cameron, provest of Edinburgh and commissioner from the said burgh to this present parliament, for and in name [and] behalff of the remanent magistrats, councill and communitie of the said burgh, protested that the ratification past in favours of the generall, officers and other members of his majesties' conyiehouse sall be without prejudice of the rights, liberties and priveledges of the burgh of Edinburgh in all tyme comeing, notwithstanding of the said ratification, and therupon asked and tooke instruments.