[1579/10/67]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by John Beaton of Balfour, heritable feuar of all and whole the town and lands of Kilrenny, lying in the regality of St Andrews and sheriffdom of Fife, making mention that where he is infeft by the lord of the said regality in all and whole the port and harbour called the Skinfast Haven, lying within the said town of Kilrenny, with all and sundry privileges and commodities thereof, as his infeftment bears, which is confirmed by our sovereign lord; in respect whereof, the said John, to his great charges and expense, has built and repaired the said harbour to the comfort and commodity of all persons frequenting navigation, as well within this realm as those who shall happen to repair to the same, being chiefly moved thereto for the preservation of diverse the lieges of this realm whom he has seen with their ships and boats in great hazard with tempest of evil water, who have had their relief by the commodity of the said haven; and also with God's help intends to proceed further in the reparation of the said work, for the policy and commonwealth of this realm, for which will be required great and sumptuous charges and cost which must be recompensed by the commodity and continuance of the said port and harbour according to the right and disposition of his infeftment thereof. Desiring, therefore, our said sovereign lord and estates aforesaid to have good consideration hereof and to ratify in this present parliament the erection of the said port and harbour, with the infeftment made to him thereof, with all privileges expressed therein according to a port and harbour, for the more validity of his infeftment, tending to the policy and commonwealth of this realm, according to justice, as at more length is contained in the said supplication. Which being seen and considered by the king's grace and three estates of this present parliament, our sovereign lord, with advice of the said three estates, has ratified and approved the aforesaid erection of the said port and harbour, with the infeftment made to the said John Beaton thereof and all privileges expressed therein pertaining to a port and harbour, for the more validity of his said infeftment, tending to the policy and commonwealth of this realm, and decree and declare the same erection to have full strength, force and execution after the form and tenor thereof in all time coming, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men throughout his realm, both clergy and laity. Let it be known that, in relation to the charter of feu ferm and grant through Patrick [Adamson], archbishop of St Andrews, with the consent and assent of the religious house of the same, to our beloved John Beaton of Balfour, his heirs and assignees, total and complete, the port called Skinfast Haven, with whatever customs, anchorage charges, profits and emoluments, with grant of cockets for the transport of goods for reward from the same port, and the customs of the town and lands of Kilrenny lying within the lordship of Polduff, the regality of St Andrews and our sheriffdom of Fife, and with the elevation of the same town into free burgh-right within the said regality, and the power of holding courts and of levying their outcomes, with every single freedom, profit and advantage relating to the foresaid lands and port, which any burgh of regality within our realm possesses, this charter by our command has been seen, read, inspected and diligently examined and has been understood to be fully sound, not reduced, not cancelled nor in any way suspect in this form. To all who will see or hear this charter Patrick, by divine mercy archbishop of St Andrews, gives greetings. Be aware that we, with the consent and assent of the commendator of our chapter house and of the chapter of the same gathered together in chapter, mature deliberation having taken place, because it is consonant with reason that no one procure an advantage in this matter whence they could attempt to produce benefit for themselves, chiefly indeed those who are called to the top posts in the church (it is vital that they with earnest and continuous prayers look after the safety of church and state, by skill and loyalty) it has often come to our ears by the worthy testimony of many people, for the increase of government and promoting the commerce of many people in this state of ours - further, above all it is expedient for the income of the undernoted lands - that the repair, construction and building should be undertaken of a new sea port commonly called Skinfast Haven, situated on the coast close to the lands of Kilrenny (and until now very little used) for the landing and shelter of ships and boats, but principally boats of those who catch sea fish. Partly on account of the convenience of the place, which is very big and a safe refuge for receiving ships into harbour, and partly so that any who are struggling in extreme need (of whom there is a very large number), or grow inactive through idleness, may be occupied in good trades, which however could not be effected except at great expense and the application of the effort of some good man, we therefore recognising our beloved John Beaton of Balfour as holder in ferm of the town and lands of Kilrenny, lying in our lordship of Polduff within the regality of St Andrews and the sheriffdom of Fife, with a view to this new highly suitable piece of work, who freely has undertaken the carrying of the burden at his own expense; for that reason, and in this name for us and our successors as archbishops of St Andrews, with the express consent and assent of the foresaid chapter, after mature deliberation, looking to our evident easement, have made gift, granted and permanent surrender. Further, by the wording of the present document we give, grant and permanently surrender to the forementioned John Beaton of Balfour, his heirs and assignees our forementioned port called Skinfast Haven, together with, together and singly, anchorage charges, profits, dues and other things which could be collected for any reason, by its construction, or by the export or import of merchandise. We establish and ordain him as our perpetual feu ferm holder in relation to all, completely, of the customs, profits, anchorage charges, and other things mentioned above, with the power and licence of granting cockets for the export and conveyance of all licit merchandise from our said port, of seizure, distraint and punishment over rebels, and of doing whatever else which we or our successors as archbishops of St Andrews could with full legality in our name. Further, we give and grant to the forementioned John Beaton and his heirs as mentioned above licence to enquire and conduct an enquiry regarding merchandise which is prohibited and must not be conveyed, and of turning them entirely to his own use and in this name seizing and distraining what is at fault. And in order to effect this, that is to the increase of the government of this realm, as has been said before by the wording of the present document, we elevate our foresaid town of Kilrenny to a free burgh of our foresaid regality, with the power of buying and selling wine, wax, linen, wool and other merchandise necessary for the use of our burgh. And for us and our successors as bishops of St Andrews we convey in perpetuity to the said John Beaton of Balfour, his heirs and assignees as mentioned before, all and singly the burgh ferms of the said burgh, with the small customs, tholnies, stellages, bloodwit, with courts and outcomes thereof, by giving and granting to our foresaid burgh of Kilrenny all and every freedom, advantage, jurisdiction, indulgences, favours and other things which will seem to be able to relate to a free burgh of our regality, and this in such a way that in everything and through everything for all time to come it enjoys the same jurisdictions, freedoms and advantages as our principal seat of St Andrews, with the power to the said John Beaton of Balfour and his heirs mentioned above to arrange provosts, bailies and clerks and replacing other members of the said burgh annually, and if they have been unsuitable in their exercise of these offices of removing them, substituting others in their place at his own will, of converting all proceeds of the same jurisdiction to his own uses, and of citing and summoning in respect of them, and of conveying regarding them as should seem fit. All of this freely, peacefully, fully, wholly, honourably, well and in peace. With the power to erect a market cross in our said burgh where merchandise of the said burgh can be shared by everybody. For the rest, on behalf of ourselves and our successors as archbishops of St Andrews we wish, have decided and ordain for perpetuity that Saturday should be fixed as market day each week. For the bringing in and sale of common merchandise in our foresaid burgh we have established two particular and main days for this market, specifically 30 April and 25 October each year. These things are to be held and had, totally and completely, namely the foresaid customs, anchorage charges, burgh ferms, small customs, with the port called Skinfast Haven, together with, together and separately, the profits of the same, plus the profits of jurisdiction of the foresaid burgh of Kilrenny as mentioned above, by the forementioned John Beaton of Balfour, his heirs and assignees mentioned above, from us and our successors as archbishops of St Andrews, in fee heritage and in free burgage of our said regality, in perpetuity, by all correct bounds of our burgh as they lie in longitude and latitude; in houses, buildings and each pertinent, with courts and their outcomes, and all other freedoms and advantages, whether named or not, relating to the said burgh or by whatever means capable of relating to it in the future, without revocation, contradiction or any obstacle. In return, annually the said John Beaton of Balfour, his heirs and assignees as mentioned above shall give to us and to our successors as bishops of St Andrews the sum of 6s 8d of the usual money of the realm of Scotland at the two annual terms, namely the feasts of Pentecost and St Martin in winter [11 November] in equal portions as feu ferm, if sought. The heirs and assignees of the said John Beaton shall give double the said whole feu ferm in their first year of their entry as is the practice with feu ferm. And also by presenting three suits at court at three of our capital pleas annually within our said regality in the city of St Andrews through our bailies or their deputes, and this only and instead of any other burden, exaction, examination, demand or secular service which could be justly by any means exacted or required by whomsoever. And we and our successors as archbishops of St Andrews shall guarantee, quitclaim and for perpetuity defend against all mortals, total and intact, the foresaid customs, anchorage charges, burgh ferms, small customs, with the port called Skinfast Haven together with all and singly the profits of the same. Also the profits of jurisdiction of the foresaid burgh of Kilrenny and each as mentioned above, in favour of the said John Beaton of Balfour, his heirs and assignees as mentioned above, in everything and through everything, as in form so in effect, as has been said. Further, we give greetings to our beloved bailies, and to whomsoever of you, jointly and severally, specially constituted in this part; we instruct and firmly order you without delay, having seen the present document, that you hand over and grant the title and hereditary sasine equally, the material, actual and real possession of, all and intact, the foresaid customs, anchorage charges, burgh ferms, small customs, and the port called Skinfast Haven, together with all and every one of the profits thereof, also the proceeds of jurisdiction of the said burgh of Kilrenny and each thing mentioned above, to the forementioned John Beaton of Balfour or his verified attorney the bearer of the present document, and in no way should you omit to do this which you have to do, you and whichever of you, jointly and severally. To my bailies in this regard as forementioned we by the wording of this document grant our full and irrevocable power. In witness of this, in the presence of the undermentioned, through us and the foresaid archbishop, our round seal is appended together with the common seal of the said chapter of the said monastery, as a sign of the consent and assent of the said chapter. In the burgh of Edinburgh on 8 July in the year of the Lord 1578, in the presence of these witnesses: Master John Russell, advocate, Robert Strang from Kilrenny, John Beaton, younger, of Pitlochie, Master John Arthur, William Adamson and Walter Cockburn, with various others. This charter of feu ferm and the disposition contained in it in all its points and articles, conditions, modes and circumstances whatever in all and through all in form equally as in effect as mentioned already we approve and ratify, and on behalf of ourselves and our successors we confirm in perpetuity. As witness of this we have instructed our great seal to be affixed. Witnesses were our beloved kinsmen and councillors John [Stewart], earl of Atholl, lord of Balvenie etc., our chancellor, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, our justice general, James [Douglas], earl of Morton, lord of Dalkeith etc., admiral in chief of our realm, the most reverend and venerable fathers in Christ Patrick, archbishop of St Andrews, Robert [Pitcairn], commendator of our monastery of Dunfermline, our secretary, our beloved familiars and councillors Master James MacGill of Nether Rankeilour, our clerk of of the rolls of our register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, Alexander Hay, director of our chancellery, and Master Thomas Buchanan of Ibert, keeper of our privy seal. At our castle of Stirling on 24 January in the year of the Lord 1578 and the twelfth year of our reign.
[1579/10/68]*[print] [email] [cite] [preceding] [following]
Forasmuch as [Mary], our sovereign lord's dearest mother, with advice of her secret council, after her perfect age of 25 years, gave and granted to the provost, bailies, council and community of the burgh of Edinburgh, for the sustenance of the ministry and hospitals within the same, all lands, annualrents, obits† and alms money, mails, rents, revenues and duties whatsoever pertaining of before to whatsoever benefice, altarage or chaplainry within the said burgh and freedom thereof, or owing out of the said burgh or tenements thereof to whatsoever other benefice or chaplainry, as the said gift in itself at more length bears; and albeit there be certain chaplainries founded in certain places lying without the said burgh, to the which the said provost, bailies and council are undoubted patrons, the service of the which chaplainries has altogether ceased and ceases through the abrogation of the papistical superstition within this realm, so that the fruits, rents and duties of the said chaplainries of good reason ought now to be applied to some better use. Wherefore our sovereign lord, with advice and consent of the three estates of this present parliament, grants and gives full liberty and freedom to the said provost, bailies, council and community and their successors to receive and uplift the profits and duties of the aforesaid benefices, altarages and chaplainries, to the which they and their predecessors were patrons with full rights, to be bestowed to the sustenance of the said ministry and hospital and to call, follow and pursue for the said fruits and profits of all years and terms past since the same became vacant and in time coming for ever, with such privilege for recovering thereof as any ecclesiastical person has for recovering of the fruits and rents of their benefices, providing always that they be accountable yearly to the exchequer; and if there be any benefices of cure, that they convey the same to qualified persons. And moreover, because there are diverse persons, godly and zealously moved, pitying the miserable estate of the poor and delighting in that good work of erection of a hospital within the said burgh, minded to supply the said hospital with their alms and support of annualrents, lands and tenements lying within the said burgh to be annexed thereto for the maintenance of the poor, weak, aged and sick persons to be sustained therein, therefore our said sovereign lord, with advice of his said three estates, gives and grants licence to all persons who may be moved to support the said hospital in lands, tenements or annualrents lying within the said burgh so to do, and that this act of parliament shall be to the effect aforesaid sufficient in all respects to all gifts and donations made or to be made of lands or annualrents lying within the said burgh to the said hospital, and shall be of as great strength as if particular confirmations were given upon every one of the said donations as mortified to the said hospital, in manner aforesaid, because the same can in no way hurt our said sovereign lord's profit who has no yearly profit out of the said burgh except his burgh mails and service of burgh.
[1579/10/69]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is complained of by the inhabitants of the town of Faithlie in Buchan that [Mary], our sovereign lord's dearest mother, for the time having the authority, obtained infeftment of the said town of Faithlie in a free burgh of barony, with sufficient privileges therein to sell wine, wax, wool, cloth and linen cloth, to pack and peel fish, to sell and buy all kinds of merchandise, with market day and fair, as at more length is contained in their infeftment made to them thereupon; likewise also it has pleased our said sovereign to erect the same town in free burgh and barony with the like privileges as of before, conforming to the which infeftments they and their predecessors not only have been in use of the said privileges continually since the granting thereof, but also upon their great charges have reformed and built a sufficient harbour for all ships, as well strangers as others, not only to the great decoration of the policy of this realm, but also for the great necessity and relief of all ships that shall happen hereafter to be troubled with tempest or storms of the sea in their parts, to whom the said harbour will be a sufficient shelter, there being no such like to be found between Stonehaven in the Mearns and the sheriffdom of Inverness, and intends by the grace of God to proceed daily further in setting forth of the commonwealth so far as the same lies in the power of the said inhabitants; desiring therefore the king's majesty and estates, in respect of the said commodities, as well public as private, and the erection first granted to the inhabitants of the said town, as their infeftments will testify, that the king's highness and estates will ratify the said infeftment in parliament and privileges contained therein, so that the daily increase of the said town, as well in number of inhabitants allured thereto through the commodity of the said port and harbour as in setting forth of the building thereof, may be advanced, to the great honour of the commonwealth and policy thereof, as at more length is contained in the said supplication. Which being seen and considered, our sovereign lord, with advice of his three estates in this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid infeftment and erection of the said town, port and harbour made and granted to the inhabitants thereof, and all privileges and commodities contained therein pertaining to a burgh of barony and to a free port and harbour; and for the more corroboration of their said infeftment and erection, which tends to the policy and commonwealth of this realm and to the commodity of the king's majesty's customs, therefore decrees and declares the said infeftment and erection to have full strength, force and execution after the form and tenor thereof in all time coming, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men, both clergy and laity, throughout his land. Let it be known that we have acknowledged in full in this form a charter, made and granted by our dearest mother in her minority with the consent of James [Hamilton], earl of Arran, lord of Hamilton, her tutor and governor of our realm at the time, for the making, elevating and establishing, for the late Alexander Fraser of Philorth, the town of Faithlie, lying within our sheriffdom of Aberdeen, into a free burgh of barony in perpetuity. This by giving and conveying to the present inhabitants of the same town and those who were there for the time full power and special faculty to handle wine, wax, cloth, wool and broad and narrow linen, fish, pack and peel, and all other merchandise, and to hold and have within the same burgh bakers, brewers, butchers and all other crafts necessary for the creation of a burgh in barony, and to have within the same burgh free burgesses who will appoint annually bailies in sequence and other officials necessary, with the authority to the foresaid burgesses and inhabitants of the said town, for its government, [to have] in it a permanent market cross and a weekly market on Mondays and Saturdays, with free fairs annually twice in each year, together with all tolls and freedoms, relating to free fairs. To hold and have the foresaid town of Faithlie with its pertinents as a free burgh and barony, with jurisdictions, freedoms and presentations as mentioned above, with the jurisdiction to set up prisons and pillory, commonly called prison houses, and gallows, with infangthief and outfangthief, and with all and every other freedom, profit, easement and whatever just pertinents relating to a free burgh. On our instruction this charter has been seen, read, inspected and diligently examined, and is sound, complete, not reduced, not cancelled, nor in any respect suspect. Mary, by grace of God, queen of Scots, gives greetings to all good men throughout the land, both clergy and laity. Be aware that, because our beloved Alexander Fraser of Philorth, for the convenience of our subjects his neighbours living within our sheriffdom of Aberdeen, built, next to the sea within the bounds of his lands of Faithlie which lie in this sheriffdom of ours, a harbour in which ships and boats in these parts which were battered by storms could have a safe and secure refuge; also because with the advice, consent and authority of our dearest kinsman and tutor James, earl of Arran, lord Hamilton, protector and governor of our realm, for good, faithful and gracious service given by the said Alexander to us thereby and in other ways; further, in return for the hospitality extended to our subjects who have come to the town of Faithlie and its harbour - for all these reasons, by our power and authority as queen, by the wording of our present charter, we make, elevate, create and have established the said town of Faithlie as a free burgh of barony for perpetuity. We give and grant to the present inhabitants, and to those who have been for the time being, particular power and authority to buy and sell in the same burgh wine, wax, cloth, wool and broad and narrow linen, fish, pack and peel, and all other merchandise. Further, to hold and have in the foresaid burgh bakers, brewers, butchers and all other crafts necessary for a burgh in barony. We grant also that in the said burgh there shall be burgesses, to whom we entrust the power for all time to come to arrange and appoint bailies and other officials, annually, necessary for its management. Also with the power and freedom to the foresaid burgesses and inhabitants of the said burgh to hold and have in the same burgh a permanent market cross and weekly markets on Mondays and Saturdays, with free fairs twice per year, namely on the feast of St Michael the Archangel [29 September] and St John the Baptist [24 June], for a week, with all tolls, freedoms and duties relating to a free fair, and with each and every duty, custom, profit and jurisdiction which relates or could validly relate in any way. The town of Faithlie with its pertinents is to be had and held as a free burgh in barony with the jurisdictions, freedoms and concessions mentioned above, with the jurisdiction of setting up prisons and gallows, with infangthief and outfangthief, also with all each and every freedom, profit, easement and whatever just pertinents relate or could relate to a free burgh in barony, as freely as any burgh in barony is enfeoffed by us or our predecessors within our realm, without any revocation or contradiction whatsoever. In testimony of this, we have instructed our great seal to be applied to this present charter of ours. Witnesses were the most reverend and reverend fathers in Christ Gavin [Dunbar], archbishop of Glasgow, etc., John [Hamilton], bishop of Dunkeld, etc., our treasurer, our beloved kinsmen George [Gordon], earl of Huntly, lord Gordon and Badenoch, etc., our chancellor, Archibald [Campbell], earl of Argyll, lord Campbell and Lorne, etc., Malcolm [Fleming], lord Fleming, our great chamberlain, our beloved household members James Foulis of Colinton, clerk of our rolls of the register and council, Thomas Bellenden of Auchnoull, our justice clerk, and James Hamilton of Stonehouse, director of our chancellery. At St Andrews on 2 November in the year of the Lord 1546 and in the fourth year of our reign. This charter in all its points, articles, conditions, modes and circumstances whatsoever, in all and through all, in form as in effect as mentioned before we approve, ratify and confirm for ourselves and our successors in perpetuity. In testimony of this, we have instructed our great seal to be applied to this our present charter of confirmation. The witnesses were our most beloved kinsmen and councillors John [Stewart], earl of Atholl, lord of Balvenie, etc., our chancellor, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, etc., our justice general, James [Douglas], earl of Morton, lord of Dalkeith, etc., grand admiral of our realm, the most reverend and the venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews, Robert [Pitcairn], commendator of our monastery of Dunfermline, our secretary, our beloved familiars and councillors Masters James MacGill of Nether Rankeilour, clerk of our rolls of registry and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, Alexander Hay, director of our chancellery, and Master Thomas Buchanan [of Ibert], warden of our privy seal. At our castle of Stirling on 30 December in the year of the Lord 1578 and in the twelfth year of our reign.