[1581/10/66]¹

Act of remittance between the burghs of Dundee and Perth of the decision of the controversy for priority between them to the remaining burghs

Concerning the supplication given in by the provost, bailies, council and community of the burgh of Dundee, making mention that where within these few years the community of the burgh of Perth, without any ground or good reason, stirred up a question against the said burgh of Dundee for the first place in all parliaments, conventions and assemblies, the said burgh of Dundee being the more ancient burgh, much more burdened in the service of our sovereign lord both in bodies and goods, the estate of the said burgh being also governed by the merchants, excluding the craftsmen, from all office of government within the same, and the said burgh of Dundee being ever in times past in possession of the first place; and because the said inhabitants of the said burgh of Perth persisted so wilfully in their said suit, the matter being proposed to our sovereign lord and three estates in the parliament held at Edinburgh on 11 November 1579, the same was remitted, together with the reckoning and placing of the whole burghs within this realm, to the commissioners of the whole burghs, to be finally determined by them in the next convention, as the act of parliament made thereupon here present to show at more length purports; according to the which, the said debate was proposed to the said commissioners, first in their convention held at Glasgow in February 1579 [1580], and secondly in their convention held at Aberdeen in July 1580, at both the which times there was nothing proceeded of the rarity of the said commissioners and that there was no convenient time then to treat the said matter, and so, last of all, the same was continued to the convention of the commissioners of burghs to begin at Edinburgh on 17 April 1581, and the matter of new being proposed in the said convention and the reasons of either party being produced in writ, reviewed and considered by the said commissioners; they on 20 April 1581 aforesaid, gave to the said burgh of Dundee their resolute answer that they were not judges competent thereto nor could not conveniently decide thereupon for certain pretended reasons specified in the act of the date aforesaid; and nevertheless, upon the morning thereafter, being 21 April, the said commissioners being convened, declared that for fear of letters of horning directed against them they would pronounce in the said matter in manner following and upon the same day, for fear of the said letters, as they plainly professed, decreed that the commissioners of Perth should have the first place in all conventions until the next parliament, to the which time they remitted the principal matter without prejudice of the right of either of the parties, either at that time or any other time thereafter; and so the said commissioners were not only contrary in their first and last deliverance, but also have given no direct answer to the principal matter according to the said act of parliament, which was their power and commission, but have remitted the same to the parliament, as the act here present to show bears; and so this contention and lawsuit is yet undecided, either in the part of Dundee, Stirling and Perth, nor yet in the reckoning of the rest of the whole burghs, after the form and tenor of the said act of parliament, desiring therefore the king's majesty and three estates to receive the reasons which the said provost, bailies, council and community of Dundee have presently to be produced and to decide in the said matter, so that thereafter no question may arise thereupon, as at more length is contained in the said supplication. Which being seen and considered first by the king's majesty and lords of articles, and thereafter by the three estates, our said sovereign lord, with advice of the said three estates of this present parliament, has remitted and remits the decision of the said matter simply to the burghs, and ordains them to proceed and decide summarily therein without further delay, and likewise upon the reckoning and placing of the rest of the burghs, every one of them in their own places, and as they shall use the same in time coming; and ordains letters to be directed hereupon, if need be, in the appropriate form.