Ratification for the burgh of Dundee

Our sovereign lord, with consent of the estates of this present parliament, ratifies, approves and confirms the charter made and granted by his majesty's royal father, of glorious memory, under his great seal, with consent of the commissioners of exchequer therein-mentioned, to the provost, bailies, council and community of his majesty's ancient burgh of Dundee, and their successors, whereby he ratified and approved all and sundry charters, infeftments, evidents, rights and securities made, given and granted by the deceased King James VI, his majesty's grandfather, of ever blessed memory, or by the deceased Queen Mary or by the deceased kings, James V, IV, III, II and I, his majesty's most royal predecessors, of eternal memory, or by whatsoever others his majesty's predecessors kings of Scotland, to the provost, bailies, council and community of his majesty's foresaid burgh of Dundee, and their successors of the same burgh of Dundee, of the liberties, privileges, immunities, tolls, customs, duties, markets, fairs, mills, fishings, pier and shore profits, and other duties belonging to his majesty's burgh above-specified, mentioned and contained in the particular charters, infeftments, rights and securities made and granted by his majesty's said royal grandfather, or by any others of his majesty's predecessors kings of Scotland, to them and namely (without prejudice of the generality of the foresaid charters, infeftments, rights and securities) the particular evidents after-mentioned, to wit, the commission or procuratory made and granted by the deceased Robert, king of Scots, constituting and naming his chancellor and chamberlain to revise and recognise the liberties which the burgesses of his majesty's foresaid burgh of Dundee had or possessed the time of the deceased Alexander, king of Scots, his predecessor, and to return answer to the said deceased King Robert according to the evidence, which should be recognised and found by them concerning the same, of the date 22 June and twentieth year of the said deceased King Robert's reign. As also, the declaration and recognition made by the said chancellor and chamberlain to the said deceased King Robert of the liberties and privileges which they found were given and conveyed to the foresaid burgh of Dundee by the said deceased King Alexander and his predecessors kings of Scotland, of the date in the year of our lord 1352. The charter made by the said deceased King Robert to the foresaid burgesses of Dundee and their successors, of all liberties and rights which they had and possessed the time of the deceased William, king of Scots and which the said deceased King William gave formerly to the deceased David, his brother, of the same burgh of Dundee, and of the immunities and customs with free markets and fairs used by them the time of the said deceased King Alexander, and of certain other donations, liberties and privileges granted to them and particularly expressed in the said charter, which is of the date 4 March and twenty-second year of the reign of the said King Robert. Another charter made by the deceased David, king of Scots giving and to feu ferm letting to the burgesses of Dundee the foresaid burgh with the pertinents, and especially with power to them to compel the whole inhabitants of the foresaid burgh, who shall resort to the fairs of the same burgh of Dundee with the burgesses thereof, to pay contributions with the remaining burgesses of the same towards the support, help and relief of those burdens imposed upon the said burgh, and discharging any other dwelling within the sheriffdom of Forfar to buy wool, skins or hides except the burgesses of the foresaid burgh of Dundee, and such others as shall have liberty granted to them by rights and securities granted by the said deceased King David, or any other of his predecessors thereupon, this charter is dated 20 January and thirtieth year of the said deceased King David's reign. Another charter granted by the said deceased King David inhibiting all markets at Coupar or any other place in prejudice of the foresaid burgh of Dundee, and ratifying and approving all and sundry old infeftments, privileges, liberties and possessions which the foresaid burgh of Dundee and burgesses thereof had and used and whereof they were in use and possession, and especially of their petty customs, harbouries and shore duties, profits, privileges and duties of the same and others at length mentioned in the foresaid charter, which is of the date 4 March and twenty-third year of the said King David's reign. The charter of confirmation granted by the deceased King James IV, of glorious memory, to the foresaid burgh of Dundee and burgesses thereof, ratifying and approving the five evidents and charters respectively above-specified in all points, articles, clauses and privileges thereof, and all and sundry other old infeftments and privileges granted to the said burgh, which charter is of the date 19 March 1511. The charter granted by his majesty's said deceased royal grandfather, King James VI, of blessed memory, in favour of the provost, bailies, council and community of the foresaid burgh and their successors, ratifying and approving the charter of confirmation above-specified granted to them by the said King James IV, and certain other charters and infeftments at length therein-expressed and, by virtue of the which charter, his majesty's said royal grandfather of new gave, granted, conveyed and confirmed to the provost, bailies, council and community of the foresaid burgh of Dundee and their successors, all and whole the same burgh, with all lands, tenements and annualrents lying within the said burgh and territory thereof, and all and sundry, privileges and immunities of the same whereof they and their predecessors, at any time bygone, were in possession, together with the petty customs, shore dues, profits and duties, and with the tolls, customs and duties of the fairs and markets of the said burgh used and wont, with the immunities, privileges and liberties of the water of Tay, loading and unloading of ships and boats at any part thereof, at their pleasure on both sides of the same from the burnmouth of Invergarrie on the west to the place which is called the Gow of Barry at the east on the southside of the said water of Tay, with power to hinder and impede others to load or unload whatsoever ships or boats in that part of the foresaid water within the bounds above-rehearsed, and to uplift and receive the whole small customs, shoresilver and other duties within the bounds above-mentioned, as freely in all respects as the burgh of Edinburgh uplifts at Leith, or any other royal burgh or other persons uplift at any other seaport of the kingdom; and likewise, to uplift 12d of every tun of goods to be imported within or exported furth of whatsoever ship or other vessel within the mouth of the foresaid water of Tay, in all times after the date of the foresaid charter, and to employ the same to the use therein-specified; and also, the salmon fishings and other fishings on the northside of the said water of Tay between the burnmouth of Invergarrie at the west and the craig called Kincraig at the east, together also with the two castle mills and windmills built and situated within the foresaid burgh liberty and territory thereof, and with the astricted multures and knaveships of all grains whatsoever pertaining to the inhabitants of the foresaid burgh, or any others bringing their corn to be ground at the said mills or any of them, with liberty and privilege also to build and have more watermills and windmills in the foresaid burgh, and liberty thereof with mill-dams, aqueducts and houses corresponding thereto for the common utility of the same burgh; and likewise, the common meadow lying upon the northside of the Murray gate of the said burgh, and all other greens, meadows, marshes and muirs pertaining to the same burgh and liberty thereof, and whereof the said provost, bailies, council and community and their predecessors have been in possession at any time bygone. And in like manner, the superiority of the third part of the lands of Craigie, with the chaplainry of St Mary founded within the kirk of St Clemence, and all lands, tenements and annualrents belonging to the same chaplainry and church, together with the said kirk called St Clemence Kirk, and all and sundry lands, tenements, houses, biggings, kirks, chapels, yards, orchards, crofts and annualrents which belonged of before to the friars, predicants, Dominicans, Minorites and Franciscans, and whatsoever other monkish, friars, chaplains and prebends with the places and manners of the foresaid friars, chaplains and prebenders founded within the said burgh and territory thereof; together also, with full and free power of holding courts for administration of justice and punishment of transgressors, according to the quality of their offences, conforming to the laws and practice of this kingdom, and to uplift the unlaws, escheats and fines of the same courts with the bloodwits, so often as they shall occur, and to apply and dispose upon the same to the common good of the said burgh. And similarly, with power to have a dean of guild and guild council, and to exercise all the jurisdiction thereof within the foresaid burgh according to the act of parliament made thereupon, and also to uplift for clearing of the street and market place of the foresaid burgh of every load of victual and salt which shall happen to be brought to be sold, either at the market or at whatsoever house or other place within the said burgh, a ladleful according to old use and wont, now restricted by the lords of secret council by commission from the parliament of 1633 to a half lippie, by their decreet dated 26 September 1633, and for every load of fish, 1d and for every load of sheep, beives, butter and eggs 1d, and for every horse standing loose in the way after he is unloaded 1d, and such like other customs used and wont; and likewise, all and whole the vicarage of the kirk and parish of Dundee, with all and sundry fruits, rents and emoluments whatsoever belonging to the same vicarage, to be uplifted by the foresaid provost, bailies, council and community and their successors, their factors and chamberlains yearly and termly, to be employed for sustenance of the ministers serving the cure at the kirk of Dundee, and entertaining of the poor within the hospital thereof. Likewise, his majesty's said royal father, of glorious memory, by the charter above-specified granted by him, of new gave, granted, conveyed and confirmed to the said provost, bailies, council and community of the said burgh of Dundee, the foresaid burgh of Dundee, with the whole lands, tenements, annualrents and others particularly and generally above-mentioned, and at length specified in the same charter, whereby it is declared that the parson of Dundee shall have no part of the foresaid vicarage since he is otherwise provided. And further, his majesty's said royal father, by the foresaid charter for the causes therein specified, gave and conveyed to the foresaid burgh of Dundee the small impost of £4 of the tun of all wines vended within the said burgh; as also, the weigh house of the same burgh with all privileges, customs, casualties and duties due and belonging thereto and to the weights of the same, whereof the said provost, bailies, council and community of the said burgh are and were in use and possession, in any time bygone, and to enjoy and possess the whole privileges belonging thereto and by themselves, or their factors and chamberlains in their names, to collect, uplift and intromit with the customs and casualties thereof, and generally to do all other things therein as such and as freely as the burgh of Edinburgh has done or may do. And in like manner, his majesty's said royal father, by the said charter and for the causes therein-mentioned, gave, granted and conveyed to the provost and bailies of the said burgh of Dundee, and their successors in all time coming, the office of sheriffship of the same burgh of Dundee and whole bounds, lands, common acres, crofts, mills, fishings, woods, ways, passages, fields and others whatsoever belonging thereto within the precinct and liberty of the same, with all liberties, privileges, fees, casualties, commodities, duties and immunities belonging and pertaining to the foresaid office of sheriffship within the bounds above-rehearsed, by the law and practice of this realm, and also made and constituted the provost of the foresaid burgh elected and to be elected, in all time coming, principal sheriff and the bailies elected and to be elected, sheriff deputes conjunctly and severally under him, of the same burgh, lands, bounds, commonty and others above-specified, with power and liberty to them and their deputes conjunctly and severally to keep and hold courts, as well criminal as civil, as often as need be within the foresaid burgh, lands, commonties, mills and others above-rehearsed, belonging thereto or within any part of the same bounds, as well against their own neighbour burgesses and inhabitants of the foresaid burgh and community thereof, as against all other persons frequenting the same burgh and territory thereof who shall be attached for whatsoever cause and offence, criminal or civil, committed by them within the foresaid burgh bounds and territory thereof, and to administer justice and use and exercise the foresaid office of sheriffship, and generally to do all other things therein, as such and as freely as any other sheriff has used and exercised the foresaid office in any other sheriffdom, burgh or jurisdiction, and to that effect his majesty's said royal father exempted the foresaid provost, bailies, council and community of the said burgh of Dundee, and whole burgesses and inhabitants thereof present and to come, from the jurisdiction of the sheriff of Forfar and his deputes in all time coming, and ordained all letters of horning, poinding, inhibition, apprising and all other letters raised against any of the burgesses and inhabitants of the foresaid burgh of Dundee, and whole burgesses and inhabitants thereof, and all letters of relaxation to be used at any of their instances, to be proclaimed, used and executed at the market cross of the same burgh, and that the foresaid letters of horning, inhibition, relaxation and all other letters of that nature in time coming be registered in the court books of the said burgh by the clerk thereof, which are declared to be as sufficient as if the same were registered in the sheriff court books of Forfar, as the said charter, containing diverse other lands, privileges, liberties and immunities particularly and generally therein-mentioned, of the date at Holyroodhouse, 14 September 1641, at more length purports. And moreover, our sovereign lord, with consent of the estates of this present parliament, ratifies, approves and confirms the charter of mortification granted by his majesty's said royal father, of everlasting memory, with consent of his commissioners of exchequer therein-specified, of the date 14 September 1641, to the provost, bailies, council and community of the foresaid burgh of Dundee and their successors, and annexed and incorporated to the foresaid burgh of the teind sheaves of all and sundry towns, lands, barns and others whatsoever, lying within the parish of Longforgan and sheriffdom of Perth, dispensing with the generality; as also, of the advocation, donation and right of patronage of the same parish kirk of Longforgan, with power to them to present a sufficient minister to the foresaid kirk and modified stipend thereof, so often as the same shall fall vacant, which teinds and patronage his majesty's said royal father dissolved from the crown and united and annexed the same to the foresaid burgh, to the effect and for the causes expressed in the foresaid charter, as the same at more length bears; together also with the precepts and sasines following upon the whole charters, particularly and generally above-rehearsed, in all and sundry points, articles and clauses therein-contained, after the forms and tenors of the same, and declares, statutes and ordains that this present general ratification thereof shall be as valid and sufficient, in all respects, as if the same were at length inserted herein, dispensing with the not inserting thereof in this present act. Besides, our sovereign lord and estates of this present parliament, hereby declare that the charter above-specified granted by his majesty's said royal father, of glorious memory, in so far as concerns the tenor and contents of the seven evidents above-mentioned related in the same charter, as is above-rehearsed, shall make faith and be of as great force and effect for securing of the said provost, bailies, council and community of the foresaid burgh of Dundee and their successors, as to the particulars mentioned in the said charter relating to the foresaid seven evidents, as if the same principal evidents were extant of the dates above-rehearsed mentioned in the said charter, and that no certification shall be granted against them for non-production of the same evidents in any process of reduction or improbation that shall be intended at the instance of any party pretending interest to reduce or improve the same, and in testimony thereof, his majesty and estates of this present parliament, of certain knowledge, statute and ordain that this declaration shall be of force and validity, notwithstanding of the act of salvo jure to be made in this present parliament, and of whatsoever other exceptions and allegations that may be argued against the foresaid declaration and validity thereof. Because the provost and bailies of the foresaid burgh having tendered a petition to his majesty's commissioner and estates of parliament notifying that upon the occasion of the taking in of the foresaid burgh of Dundee by the English in the year 1651, for the provost, bailies, council and community of the same burgh their loyalty to his majesty and the royal interest, the charter chest of the foresaid burgh, wherein the whole evidents thereof were, was broken up by the English soldiers, and all the writs taken out of the same and many of them burnt and destroyed, and very few of them got back again and, in respect thereof, craving that his majesty's commissioner and estates of parliament might be pleased to take the same to consideration, and some effectual course therein. Which petition and desire thereof, being considered by them, they, in pursuance of the same, ordained well-known witnesses to be cited to declare thereupon, who, accordingly being cited, compearing, sworn and examined, testified that the foresaid charter chest was broken up by the English soldiery, and all the writs belonging to the burgh were taken furth thereof by the same soldiery, and many of the said writs burnt and destroyed by them and very few got back again, in respect whereof, our sovereign lord and estates of this present parliament, did statute and ordain in manner above-specified.

  1. NAS. PA2/27, f.103-105. Back
  2. In the margin: 'the place where the monastery of Balmerino was situated on the north to the sands which are called Drumlaw sands on the east and south side of the same water of Tay' . Back
  3. Meaning of this word not clear. Back