[1661/1/179]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his estates of parliament, considering that his majesty's dearest grandfather King James VI, of blessed memory, by his majesty's confirmation and infeftment under the great seal, dated 16 October 1589, has not only ratified and approved the former infeftments of erection granted by his majesty's predecessors in favour of the burgh of Nairn, but also has of new erected the said burgh in a royal burgh and has given, granted and conveyed to the provost, bailies, council, community and inhabitants of the said burgh and their successors of the same, the ground, houses and tenements of the same burgh of Nairn, within the whole bounds, marches and meiths thereof used and wont, with all annualrents, burgh ferms and duties pertaining thereto, with the privilege of a market cross and a weekly market to be held weekly on the Sabbath day, with two yearly free fairs to be held twice in the year, each fair to last eight days, the one thereof to begin upon 25 March, called Our Lady day in Lent, and the other upon 29 September, called Michaelmas, together with the port and harbour of the said burgh, anchorages, customs and other privileges of the said port, as also with liberty of yairs within the sea mark, fishing with a tug-net and other liberties, privileges and casualties mentioned in the said infeftment, to be held of his majesty in free burgage and free port forever, for payment of £4 yearly at Whitsunday [May/June] and Martinmas [11 November] by equal portions, as the said charter and infeftment of the date foresaid at more length purports. As also, considering that by former acts of parliament all markets are prohibited to be kept on the Lord's day, and that the said fairs are very useless and unprofitable to the said burgh by reason [Hugh Rose], laird of Kilravock has the privilege of two fairs whereof he is in possession, kept upon the same days within three miles of Nairn, whereunto all the country about does frequently resort, so that the burgh of Nairn (albeit enrolled as a free burgh) have not for the present any market or fair at all, notwithstanding that they keep still all meetings of parliament and conventions of burghs, and pay cess and all other duties according to their ability as any other burgh, and have their tolbooth and prison house to maintain and their bridge (which is very useful for passengers) to uphold, and have no other common good to maintain the said works but only the custom of the markets now unprofitable, as said is; therefore, his majesty, out of his princely care to uphold the ancient burghs and incorporations within this kingdom, with advice and consent of his estates of parliament, has ratified and approved and by these words ratifies and approves (with the addition and alteration after-mentioned) the foresaid infeftment, made by his said majesty's dearest grandfather, in favour of the said burgh of Nairn, provost, bailies, council and community of the same and their successors, and all other infeftments of erection of the said burgh formerly granted to them by any others of his majesty's most royal progenitors, in the whole heads, obligements, privileges, articles and clauses thereof, ordaining the generality foresaid to be as sufficient as if the said rights and infeftments were particularly herein expressed and inserted; with the which and with all that may be objected against the validity of the said ratification, his majesty, with advice and consent of his estates of parliament foresaid, has dispensed and by these words dispenses forever; and further our said sovereign lord, with advice and consent foresaid, has changed and hereby changes the foresaid weekly market on the Sabbath day and two fairs above-written appointing and ordaining the same to be kept as follows: namely, the said weekly market to be kept on Friday weekly and the two free fairs in the year, the one thereof to be kept and begun upon 8 February, called the Rood day,† and the other upon 12 July, called St Midian's†day, yearly and each year in all time coming, each one of the said fairs to endure for the space of eight days, inhibiting and discharging hereby all his majesty's subjects of this realm, of what degree or quality so ever, to trouble and molest the said provost, bailies, council and community of Nairn or their successors, in keeping of the said markets in time coming; and in regard the said burgh of Nairn is the head burgh and is the only burgh of the sheriffdom thereof, and there is neither tolbooth nor prison house in any other place of the shire, and that it will tend much to the good of the said town, and increase of policy within the same, that the sheriff hold his courts constantly therein and the sheriff clerk hold his constant residence within the same, therefore our said sovereign lord, with advice and consent foresaid, ordains the sheriff of Nairn to hold constantly his courts and services and that the sheriff clerk or his deputes have his residence and dwelling within the said burgh in all time coming.
The which day Sir Hugh Campbell of Cawdor, sheriff of the sheriffdom of Nairn and commissioner in this present parliament from the said shire, for himself and in name of the remaining heritors within the shire, protested that the ratification passed in favour of the burgh of Nairn of the liberties and privileges thereof, containing a warrant for the sheriff to hold his courts thereat in time coming, shall not prejudge the said Sir Hugh Campbell or his successors deputes or clerks in the free exercise of their office at such times and places as he and they shall think fit, in any place within the said shire and as they have been in use to do in time past, nor shall not prejudge any of the remaining heritors within the said shire in their rights, liberties and privileges whatsoever due and competent to them or their predecessors and authors, nor the rights and privileges of the respective burghs of barony within the bounds of the said shire, and thereupon asked and took instruments.