[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.