[1621/6/101]¹

Declaration

Declaration in favour of other burghs regarding the acts granted in favour of Edinburgh

My lord commissioner, to your highness and lords of articles convened in this present parliament, humbly means and complains the commissioners nominated for the royal free burghs on either side of the water of Forth upon the provost, bailies and magistrates of the burgh of Edinburgh, who, according to their customable manner, seeking their own advantage, to the hurt and detriment of their neighbours, have lately within these three years or thereby purchased a new charter and infeftment under his majesty's great seal regarding the visiting, searching, destroying, burning, gauging and marking of barrels packed with herring and white fish slain on either side of the water of Forth and remaining sea coasts of the whole realm of Scotland, with full power to the said magistrates of Edinburgh and their successors to appoint visitors, searchers and other officers for bringing in and uplifting the whole commodity and profit arising thereby to the well and exaltation of the said burgh of Edinburgh only; which charter, as we are informed, they intend to have ratified and approved by your highness and lords in this present parliament against all equity and reason, in regard that the said new charter and liberties contained therein are granted by our gracious sovereign lord having silenced and suppressed the truth, and the magistrates of his majesty's free royal burghs on either side of the said water of Forth in no way being called to the granting thereof, we having special interest in the said matter as being seriously prejudiced and hurt thereby. Likewise by express and special act of parliament held at Linlithgow, 10 December 1585, chapter 14, making mention forasmuch as in the act of parliament lately then made before regarding packing and peeling of herring and white fish slain on either side of the waters of Forth, it was provided that the said fishes should be brought to Leith or Crail only, which act was found hurtful and prejudicial to the remaining free burghs and sea ports on either side of Forth; therefore our said sovereign lord and three estates declared, statute and ordained that it shall be permissible to the remaining free burghs to have the said fishes brought to every one of them in time coming, as well as to the said ports of Leith and Crail, notwithstanding any restriction made relating thereto by the said former act or otherwise of before, dispensing therewith for ever as the same act more fully purports. Likewise by sundry former acts of parliament made by his majesty and by his highness's most noble progenitors of worthy memory, King James V and Queen Mary, the searchers, markers and other similar officers requisite in that matter are appointed for every royal free burgh and sea port within their own bounds and jurisdiction, as shall be clearly verified by the same particular acts. In consideration of the which premises, it may please your highness and lords in no way to grant any ratification or approbation in favour and to the said burgh of Edinburgh of and concerning their said new charter, including the privileges above-written, to the hurt, prejudice and detriment of us complainers, their neighbours, magistrates and incorporation of his majesty's free royal burghs and sea ports on both the sides of the said water of Forth; but if any ratification be granted to Edinburgh, that the same be with express reservation of our rights and privileges, each one within our own territories and jurisdiction, according to the said last act of parliament above-written made on 10 December 1585. After the reading of the which supplication, the estates of parliament declared that whatsoever ratification be passed to the town of Edinburgh, it shall be with express reservation of the burghs above-specified, their rights and privileges, each one within their own territories and jurisdictions according to the last act of parliament made on 10 December 1585.