Charter: ratification of a charter of Thomas Fleming to Sir Archibald Douglas

Robert by the grace of God king of Scots, to all good men, etc. Know that since Sir Archibald de Douglas, our most beloved kinsman, summoned to this end by our mandate and called to our presence, revealed and displayed in our full council held at Stirling, assembled specially in the same place on account of this, a charter of Thomas Fleming, formerly earl of Wigtown, made concerning and upon causing a sale and alienation of the same earldom to the aforementioned Archibald, with other evidences for the right of this Thomas Fleming and the aforementioned Archibald in this regard. We have understood the same charter, having been displayed [and] revealed in this way in the same place by our mandate, and seen, read, inspected and diligently examined by us and our said council, and sealed by the seal of the said Thomas Fleming, neither cancelled, damaged, erased nor destroyed, and not distrusted in any of its parts, but free of fault and suspicion entirely, word for word under this form.

To all who [see or read] this charter, etc., Thomas Fleming, earl of Wigtown, eternal greeting in the Lord. Know that I, not lead by force or fear nor by an erroneous lapse, but brought about by my pure and spontaneous desire in a great, urgent and unavoidable necessity, and especially on account of the great and heavy disagreements and other mortal enmities which formerly had arisen between me and the more powerful denizens of the aforesaid earldom, have sold and granted in perpetuity by title of sale to the noble and mighty man Sir Archibald de Douglas, lord of Galloway, from the east side of the River Cree, all my abovesaid earldom of Wigtown with the pertinents, and have transferred purely, simply, absolutely and in perpetuity all right and claim that is applicable or may be applicable in any way in the future to me, my heirs or assignees in the said earldom with the pertinents, onto the aforementioned Archibald for one fixed and notable sum of money paid to me in my aforesaid great and urgent necessity by hand, concerning which sum I acknowledge has been well and fully paid to me. To be held and had by the aforementioned Archibald, his heirs and his assignees in fee and heritage, by all its rightful boundaries and divisions, in meadows, grazing-lands and pastures, muirs, marshes, ways, footpaths, rivers, ponds, mills, multures, with bonds and bondages and their inhabitants, hawking-places, hunting-grounds and fisheries, and with patronages of churches, with gallows and pit, soke and sac, toll and theame, infangthief and outfangthief, with fees and forfeitures and escheats, with wards, reliefs and marriages, with the tenancies and services of freeholders, also with all and singular other liberties, profits, easements, lawful pertinents [and] free customs pertaining to the said earldom or which may pertain in any way, by whatever title or law, as freely and quietly, fully, honourably and integrally in and by all ways as I, the aforesaid Thomas, as freely, quietly, fully, integrally and honourably held or possessed the said earldom of Wigtown, or any of my predecessors held or possessed the said earldom. In testimony of which matter my seal is appended to the present [letters]. Given at Edinburgh on 8 February A.D. 1371. With these witnesses, Walter, by the grace of God abbot of Holywood, William Monypenny, parson of the church of Cambuslang, Neil de Cunningham, Thomas de Raith, Nicholas Smerles, burgesses of Dumfries, and many others.

Which very charter, displayed and revealed in this way to us, we ratify, approve and confirm for ourselves and our heirs in perpetuity in all points, conditions articles and circumstances, in equal form and effect in all ways, saving our service. In testimony of which matter we have ordered our seal to be appended to our present charter of confirmation. Witnesses, etc. At Stirling, on 7 October in the second year of our reign [1372].

  1. NAS, Register of the Great Seal, C1/3/5. Back