[1607/3/31]¹

Act in favour of James Durham regarding the change of a road

20. Our sovereign lord and estates of this present parliament, considering the great hurt that James Durham of Pittarrow, his majesty's domestic servant, sustained in the destroying of his policy and parks, cutting of his trees and breaking of his enclosures within the precinct of his said dwelling place, by the nearness and vicinity of the king's passing through the same; for remedy whereof, his majesty granted his express licence to the said James to alter and divert a little of the said road to the more commodious and better travelling for the lieges, and without prejudice of any neighbour and preservation of his policy; likewise his majesty's subjects these five years bygone have been better served by the said road, and no man injured nor aggrieved of the same, and he free of their harm, therefore our said sovereign lord and the said estates of parliament ratify and approve the change of the said highway in as far as concerns his majesty's interest, and declare that the said James, his heirs nor assignees shall not incur any danger of purpresture or any other penalty of the law that may follow or strike upon those that make any change or alteration of his majesty's highways; and ordain all the lieges to frequent, use and repair that way as the ordinary king's way in all time ²coming, providing the same new highway be made as commodious in all respects to the lieges as the foresaid old passage. And Master Alexander Wedderburn [of Kingennie], commissioner for the burgh of Dundee, protested that this present act regarding the change of the said highway prejudice not the said burgh of Dundee and inhabitants thereof regarding their roads and passage to their mills whereunto they were in use to pass.