[1612/10/69]¹

Ratificatioun of the contract betuix the Archiebischop of Sanctandrois and the citie of Sanctandrois, with a reservatioun in favouris of the Lord Lyndesay

Oure soverane lord, with the advise of the estaittis of this present parliament, ratifies, confirmis and apprevis the heidis and articles of aggrement maid betuix ane reverend father in God, George, archiebischop of Sanctandrois, on the ane part, and the commissioners for the provest, baillies, counsale, deacones of craftis and communitie of the said cietie on the uther part, anent all controversies and debaittis standing betuix the said archiebischop, immediat superioure of the said cietie, and the cietiners thairof, twitching ayther of thair privilegis, fredomes and deweties belanging and appertening to ayther of the saidis parties, whiche articles oure said soverane lord and estaittis ordanis and decernis to stand and continew in all tyme cuming as the rewlis and bandis of perpetuall peace betuix the saidis parties and their successouris; as also they decerne and ordane that all infeftmentis, evidentis and securities foundit or to be foundit upoun the saidis articles and conditiounes alreadie condiscendit upoun and subscrivit be baith the saidis parties salbe als valide and effectuall as gif the samyn war per expressum ratifeit and approvin be oure said soverane lord and estaittis of parliament, off the whiche articles of appointment and commissionis grantit to the saidis commissioners for performing of the saidis articles of appointment, the tennouris followis: At Edinburgh, the sevint day of December, the yeir of God ane thowsand sex hundreth and ellevin yeris, ane reverend father in God, George, archiebischop of Sanctandrois, on the ane part, and Henrie Arthure, deane of gild of the citie of Sanctandrois, Duncan Balfoure, ane of the baillies thairof, Johnne Arnot, commissioner clerk of Sanctandrois, Johnne Carstaris, deacon warnour of the craftis of the said cietie, and Johnne Myllis, deacon of the baxters thairof, commissioners for the provest, baillies, counsale and haill bodye of the craftis of the said cietie, to confer, intreat and conclude and sattill peace with the said lord archiebischop and thame anent the richtis of the said cietie and ane sattill peace and governament of the same cietie in all tymes thairefter, as their commissiones beris, on the uther part, hes aggreit and convenit upoun thir articles, headis and conditiounes efter specifeit, to be extendit in ampill forme of contract. In primis, my said lord archiebischop of Sanctandrois salbe bundin and obleist to grant, pas and expeid to the provest, baillies, counsale and communitie of the said cietie of Sanctandrois ane confirmatioun of the haill infeftmentis, richtis, evidentis, writtis and securities maid be his lordschip [or his]² predicessouris, bischoppis or archiebischoppis of Sanctandrois, to thame and their predicessouris, inhabitantis of the said cietie, of the landis of Pilmure, that pece land callit the Saltgerse, the Linkis of Sanctandrois as the samyn lyis in lenth and breid, with the mussill scap, to the watter of Edin, as the samyn ebbis and flowis with the landis callit the North Hauch and the landis callit the Sowith Hauch, their commoun landis and commownetie of the said cietie, but prejudice of the infeftment grantit to Laurence Wan to sett nettis upoun the sandis for fowling to my lord archiebischoppis use, with the privilege of the schoir port and heavin of the said cietie, ancorrage, small toust quhairin they and thair predicessouris is and hes bene in use or possessioun, reserving to my lord archiebischop and his successouris to be [first]³ servit at the schore and the privilege of my lordis customes admirall and sercheoure also reservit, with thair haill tenementis and burrow landis lyand within and withowt the burrow rudis of the said cietie, and all uther privilegis, liberties and immunities of the samyn cietie as they and thair predicessouris possessis and possest the samyn of auld, and of their mylnis, alsweill watter as wind mylnis alreadye biggit, and of the threll, multuris and suckin belanging thairto, and of the freris landis lyand within and besyde the said cietie, alsweill blak as gray freris yairdis, and annuellis belanging and pertening thairto, and of the dewties of the custumes of the mercattis of Sanctmonans and Kilconre, togidder with ane infeftment de novo damus for payment of the yeirlie dewtie underwrittin, to be haldin of the said archiebischop and his successouris in fewferme, quhilk infeftment sall contene suplimentum omnium defectuum in als ample forme, as the said provest, baillies and counsale sall devyse for their securitie. As also the said archiebischop, for him and his successouris, to be bundin and obleist to the saidis provest, baillies and counsale that the haill auld infeftmentis, evidentis, writtis and securities contenit in that buik callit the Blak Buik of the said cietie, quhilk is all writtin be umquhile Johnne Mutto, clerk of the said cietie for the tyme, quhilk is onlye ane memore and record of the infeftmentis, evidentis and writtis maid to the saidis provest, baillies, counsale and inhabitantis of the said cietie of Sanctandrois and their predicessouris be the bischopis and archiebischopis thairof and be the kingis of Scotland of auld, of their commowne land, burrow landis, liberties, privilegis and immunities, the principallis quhairof be ressoun of the pest civile and foreyne weir in equities oftymes ar not extenttit⁴ bot destroyit, sall in all tymes heirefter mak als great faith to and in favouris of the inhabitantis of the said cietie aganis my said lord archiebischop him self and his successouris as gif the samyn war the orginallis or autenticlie transumpit be decrete of the lordis of counsale and sessioun, providing that na write thairin be dirogative to the contentis contenit in thir present articles. Attoure, my said lord archiebischop sall grant to the saidis provest, baillies and counsale ane confirmatioun of the erectioun of the said cietie in ane fre burgh of regalitie, lykeas his lordschip salbe bundin to erect the said cietie de novo with all privilegis of ane burgh of regalitie, to be crowners within thame selffis, burrow ruidis and possessionis of the inhabitantis of the regalitie, with ane dispositioun of their bludewittis suafar as lyis in his lordschippis power, or he may of law, and exemptioun fra all service to the stewart of the regalitie passing upoun the stewartis assisses, keping of their warders and furnising of executioners, except in safar as the commoun law providis, except the service of ane air to ane native inhabitant as air to his predicessouris, and except the fact and deid be committit within the said cietie, burrow ruidis, liberties and possessiounes of the same allanerlie. And siclyke his lordschip, upoun the said cieties expenses, sall imploy his moyen to obtene of his majestie ane confirmatioun of the said cieties haill infeftmentis grantit be his hienes predicessouris in favouris of the said cietie and inhabitantis thairof, with ane gift and dispositioun of all privilegis, liberties and immunities as ony burgh regall within this realme. And also in respect my said lord archiebischop is acquentit with the pure estate of the said cietie and inhabitantis thairof, that his lordschip sall interceid with his majestie and use all possible moyen to obtene of his hienes ane discharge of the sowme of twa thowsand merkis money, in the quhilk the said cietie was confynit for the allegit ryott committit at the eschaping of Waltir Geddie; as also to interceid with his majestie for obtening his hienes favoure to the said cietie and inhabitantis thairof, and to obtene ane discharge of the actioun presentlie depending before the lordis of his hienes secrete counsale at the instance of my lord advocat aganis certane nichtbouris of the said cietie for contempt of his majesties commissioun and commissioners, providing that sic personis as consentis not to this present appointment be nawyse comprehendit in the said discharge. And [in]⁵the lykemaner the said archiebischop, for him and his successouris, sall gif to the saidis provest, baillies and counsale of the said cietie ane discharge to sic nychtbouris thairof as they sall gif to his lordschip in roll for biging furth upoun the calsay of the said cietie and of the actioun of purprusioun competent to his lordschip thairfore; as also in respect the vicarage of Sanctandrois is annext and incorporat to the archiebischoprik thairof, thairfore my lord archiebischop and his successouris salbe bundin and obleist to the provest, baillies and counsall of the said cietie efter the deceis of the present vicar to furneis, upoun his lordschip and his successouris expenses, ane qualifeit redar to the paroche kirk of the said cietie and to pay ane honest, yeirlie stipend to him. Attoure, the said archiebischop, for him and his successouris, sall grant and gif to the said provest, baillies and counsale of the said cietie the fre electioun of their commoun clerk, he alwyse swerand his faith, loyaltie and trewith to his majestie and to my lord Sanctandrois, overlord of the said cietie, and als my lord archiebischop, for him and his successouris, sall grant to the provest, baillies and counsale of the said cietie the electioun of ane maister of their gramer scole, quhilk pertenit of auld to the archedeacon of Sanctandrois and now to the said archiebischop, in respect of the annexatioun and incorporatioun of the said archedeanrie to the said archebischoprik, the said archiebischop and his successouris alwayes having the tryall of his qualificatioun. And finalie, the said archebischop and his successouris salbe solemplie sworne to the provest, baillies and counsale of the said cietie far thame selfis and in name of the haill inhabitantis thairof, not onelie to mantene and defend thame in generall, their towne, landis, liberties, privilegis and estate be law at court, counsale, sessioun and justice in all thair honest actiones and causes, bot also in speciall everie particular member thairof, thair actioun or actiounes being alwyse worthie his lordschips protectioun; for the quhilkis causes the saidis provest, baillies and counsale of the said cietie and the haill burgessess to be ressavit heirefter and fre men salbe sworne to the said archiebischop to be trew and loyall to his majestie and to his lordschip, their overlord, as becumis vassellis to their superioure, conforme to their auld and accustumed aith contenit in their auld registers. And siklyke the saidis provest, baillies and counsale salbe obleist to pay to the said archiebischop and his successouris the yeirlie few deweties efter mentionat for the particular landis, mylnis, burrow landis and utheris above mentionat, as is particularlie underwrittin, the sowme of twentye aucht pundis usuall money of this realme at twa termes in the yeir, Witsounday and Martymes in wynter, be equall portiounes, in name of few, viz: for the burrow maillis contenit in the auld rentale, aucht pundis money with ten schillingis in augmentatioun of the rentellis, and for the saidis landis of Pilmure, the Linkis, the mussilscap and pece land callit the Salt Gersse, the sowme of sex pundis moneys, and for the landis of the Sowith and North Hauchis the sowme of sex pundis money, and for the wynd mylne biggit and wind and watter mylnis to be bigget and the commountie of the said cietie, the sowme of sex pundis money, and for the privilege of the schore ancoragis and stonslie,⁶ twentye schillingis money, and for the deweties of the mercattis of Sanct Monanes and Kilconquhair, the sowme of ten schillingis allanerlie. And siclyke everie persoun within the said cietie enterand air to their predicessouris to ony burrow landis, rudis or yairdis within and withowt the said cietie be the baillies thairof, sall pay to my lord and his successouris ane penny sterling money bye and attoure the baillies wyne dew to thame nomine homagii, and ane uther persoun stranger enterand sall pay twa pennyes sterling money. And the clerkis prothogoll to be ane buik of responde to his lordschip to that effect, the clerk to be ressaver and to be comptable to my lord thairfore yeirlie. And siclyke the provest, baillies and counsale of the said cietie sall gif libertie and privilege to the said archiebischop to plant and place conyngis and clappers within the linkis of the said cietie as his predicessouris had libertie of before, and the saidis provest, baillies and counsale salbe bundin and obleist to my lord and his successouris to lay and repair the haill calsayes of the said cietie within the space of fyve yeris; and incais it salhappin at ony tyme efter the laying thairof to brek, and my lord and his successouris to require thame to repair, lay and mend the samyn upoun the requisitioun of sex monethis, and they to failyie, in that cais they salbe bundin to my lord and his successouris in the sowme of ane hundreth merkis money to be employit upoun the laying, mending and reparing of the saidis calsayes. Mairattoure, the provest, baillies and counsell of the said cietie sall yeirlie upoun the provisiounes efter mentionat present to the said archiebischop twa persounes with the auld provest, ane leit to the provestrie of the said cietie, and twa persounes with the auld deane of gild to the gildrie thairof, quha ar and hes bene counsellouris within the said cietie, actuall treddaris and residentis thairin and hes borne office of before, and to present ane leit to my lord aucht persounes with the foure present baillies, actuall treddaris and residentis within the said cietie, quha ar and hes bene counsellouris thairin, to the office of baillierie, and to leit and present twa persounes with the auld thesaurar to the thesaurarie of the said cietie upoun the samyn qualitie upoun Tysday before none efter Michaelmes day yeirlie, quhilk is the ordinar day of thair electioun; and the archiebischop furth of the saidis leittis to have the electioun of ane provest, deane of gild, foure baillies and thesaurer for the governament of the said cietie upoun thir conditiones and provisiounes following: In primis, incais the said archiebischop and his successouris be not actuall residentis and preitchers within the said cietie, secundlie, incais it salhappin the said archibischoprik to be annext to the crowne or erectit in ane temporalitie, that than and in ayther of the saidis caises the saidis provestis, baillies and counsale of the said cietie to have the fre leitting and electioun of thair said provest, deane of gild, baillies and thesaurar as they war in use of before; and thir presentis tobe nawyes dirogative thairto. And the custumar of the schore of the said cietie tobe sworne to my lord that na forbiddin guides be his knawlege sall pass forth of the realme, and gif he sall knaw ony he sall notefie the samyn to my lord under the pane of deprivatioune. And finalie, the clerk of the said cietie salbe solemplie sworne tobe loyall and trew to his majestie and to my lord archebischop, owerlord of the said cietie, and baith the saidis parties bindis and oblisis thame faithfullie to extend this present minute in ample forme of contract and thairefter to perfyte and subscrive the samin, kepand alwayes the substanciallis of thir articles abonewrittin. And for the mair securitie, baith the saidis parties ar content and consentis that thir presentis be insert and registrat in the buikis of counsale and decernit to have the strenth of ane decrete of the lordis thairof, with lettres to pas thairupoun in forme as efferis; and for retiring heirof makis and constitutis etc. oure lauchfull procuratouris, promittens de rato. In witnes quhairof, writtin be Johnne Martene, younger, we have subscribit thir presentis with oure handis, day, yeir and place foirsaidis, before thir witnesses: George, bischop of Dumblane, Johnne, bischop of Argyle, Schir Petir Young of Setoun, knycht, Maister Thomas Henrysoun, ane of the commissioneris of Edinburgh, and Maister William Couper, ane of the pastouris of the burgh of Perth, and Robert Lichtoun of Ulisheavin. Sic subscribitur, George, Sanctandrois, Henry Arthoure, deane of gild, Johnne Carstaris, deacon warnour, Johnne Arnot, with my hand, Duncan Balfoure, baillie, Johnne Myllis, deakin of the baxters, M. Grhame, bishop of Dumblane, witnes, S. P. Young, witnes, T. Henrysoun, witnes, Maister William Couper, minister at Perth, witnes, Jo., Lismorens, witnes to my lord Archibischop of Sanctandrois subscriptioun, Robert Lychtoun of Wlisheavin, witnes. Apud Sanctum Andream, die tertio mensis Decembris anno Domini millesimo sexcentesimo undecimo. The quhilk day, the provest, baillies and counsale of the cietie of Sanctandrois, being solemplie convenit within the tolbuith of the said cietie, the ordinar place of thair conventioune, and understanding that ane great nowmer of the honest men, nychbouris of the said cietie, being citat at the instance of my lord advocat for his majesties interesse before the secrete counsale for the proude contempt of his majesties commissioune direct to Robert, lord Lyndesay, Andro Wemyis of Myrecarny, ane of the senatouris of the college of justice, and Maister George Young of Wilkestoun, ane of his hienes secrete counsale in Scotland, the ordinar tyme of the electioune of the magistrattis of the said citie, being upoun Tysday efter Michaelmes last was, quhairupoun his majestie, having conceavit in hie displeassor not onlye aganis the persounes contempners of his majesties commissioun for thair mysbehaviour, bot the haill inhabitantis of the said cietie, and the present provest, baillies and counsale of the said cietie, for thame selffis and in name of the haill commountie thairof, in consideratioun of the owersicht of thair nychtbouris, and with all humelitie, to gif his majestie satisfactioun for thair offence, has submittit thame selffis, richtis and privilegis of the said cietie on the ane part, and the archibischop of Sanctandrois, thair owerlord, on the uther part, to certane noble, honorable, godlie and discrete persounes, and incais of discrepance to oure dreid soverane the kingis majestie as onelye odman and owerman, as the blank and submissioun upoun the bak thairof, subscrivit be baith the saidis parties, proportis; and the said archiebischop, having ane honorable and fatherlie love and cair to the said cietie and inhabitantis thairof, as becomes ane owerlord to his vassellis and ane loving father to his childrene, and for eschewing of controversie betuix his lordschip and his saidis vassellis and to gif his majesties full satisfactioun, his lordschip, having capitulatioun with certane comissioners of the said cietie, having sufficient commissioun to confer and intreat with his lordschip anent the setling of ane peace and governament of the said cietie, and thairupoun having takin ane dissolute conclusioun of certane articlis cravit tobe performit be thame to my lord of Sanctandrois, and be his lordschip to thame, as the samyn signatit be Patrik Boncle, clerk of the said cietie, proportis, swa that in effect thair restis nathing now bot the perfyting of the saidis articles, quhilk can not be done in respect of his lordschippis absence, bot be commisioners; thairfore the counsale foirsaid hes gevin and grantit, lykeas they, be thir presentis, gevis and grantis full power and commissioun to Henrye Arthoure, deane of gild of the said cietie, Duncan Balfoure, ane of the baillies thairof, Johnne Arnot, commissioner clerk of Sanctandrois, Johnne Carstaris, deacon warnour of the craftis of the said cietie, and Johnne Myllis, deacon of the baxters thairof, conjunctlie thair commissioners, gevand, grantand and comittand to thame thair full, fre, plane power, generall and speciall command, expres bidding and charge as representing the bodye of the haill counsale of the said cietie, to confer, intreat and conclude with his lordschip and thairefter to conclude the saidis articles and to perfyte and performe securitie betuix his lordschip and the provest, baillies and counsale of the said cietie, representing the haill communitie, ayther be articles or perfyte contract, alwayes kepand the substance of the saidis articles as gif the haill bodye of the counsale of the said cietie and haill inhabitantis thairof war present at the performyng of the samyn; quhilk appontment tobe performit, the saidis provest, baillies and counsale, for thame selffis and in name of the haill communitie, now as than and than as now, ratifies and apprevis and oblisis thame to ratifie the samyn de novo, firme and stable haldand and for to hald all and quhatsumevir thingis the saidis commissioners conjunctlie in the premisse lauchfullie ledis tobe done, under the pane of perjurie and infamye of thair fame and reputatioun. Extractum de libris actorum consilii civitatis Sanctiandree per me Patricium Boncle, notarium publicum eiusdem civitatis clericum teftante hac mea subscriptione manual. Sic subscribitur, P Boncle Schir. Die lune secundo die mensis Decembris anno Domini millesimo sexcentesimo undecimo. The quhilk day Johnne Carstaris, deacon warnour of the craftis of the cietie of Sanctandrois, having convenit the haill deacons of the craftis of the said cietie, they ar to say: Robert Smyth, deacon of the hammermen, Johnne Myllis, deacon of the baxters, Patrik Malvile, deacon of the wrichtis, Robert Carstaris, deacon of the tailyeouris, Alexander Fairfull, deacon of the cordiners, David Phennesoun, deacon of the fleshouris, and Thomas Anuell, deacon of the wobstars, with the haill counsalis of thair particular craftis, upoun the hill callit the Gallow Laik, as the ordinar place of thair meittingis, and thair in presence and audience Johnne Arnot, commissioner clerk of Sanctandrois, ane of the counsellouris of the said cietie, being directit commissioner fra the counsellouris of the said cietie to acquant, deale, treat and crave thair deliberatioun and consultatioun anent certane articles cravit and desirit tobe exped, past and performit be my lord archibischop of Sanctandrois to the provest, baillies, counsale and communitie of the said cietie of Sanctandrois, inhabitantis thairof, and privilegis, liberties of the said cietie and richtis of thair commoun landis and burrow landis, as also concerning certane articles tobe perfytit and performit be the provest, baillies and counsale of the said cietie, for thame selffis and in name of the commounitie of the said cietie, to my lord of Sanctandrois, thair owerlord and superioure, markit be Patrik Boncle, commoun clerk of the said cietie and clerk of the counsale thairof, quhilk being [openly]⁷ red be the said Johnne Arnot in presens of the deacon warnour, haill deacons of the craftis foirsaidis and thair counsalis, and als in presens of me, notar publict underwrittin, and being thairwith ryplie advisit and also ernistlie craving at God for setling of the turbulent estate of the said cietie, that God may be honorit, the kingis majestie and my lord of Sanctandrois, thair owerlord, may have satisfactioun and the disturbulent commounwelth of the cietie quietit, and the richtis, privilegis and immunities of the said cietie confirmit and approvit to the present inhabitantis thairof and to the posterities to cum, hes all in ane voce consentit to the articles foirsaidis alsweill tobe performit be my lord [archiebischop]⁸ of Sanctandrois, thair owerlord, to the provest, baillies, counsale, communitie, cieteners and inhabitantis of the said cietie, as also to the articles red as said is tobe performit be thame to my said lord of Sanctandrois, thair owerlord, and be thir presentis gevis commissioun to the said Johnne Carstaris, deacon warnour, and Johnne Myllis, deacon of the baxters, as representing thair haill number and bodie, to intreat with my lord of Sanctandrois for perfyting of the saidis articles, and to conclude, pas and perfyte sufficient securities thairupoun for accomplising thairof; quhilk being perfytit, now as than and than as now, as gif they wer personalie present at the performance thairof, be thir presentis ratifies; quhairupoun the said Johnne Carstaris, deacon warnour foirsaid, askit instrumentis, documentis and act of court fra me, Maister Magnus Arthoure, notar publict, clerk to the saidis craftis, quhilkis I testifie be this my subscriptioun manuall. Ita est Magister Magnus Arthour notarius publicus in premissis rogatus ac requisitus manu sua s[ub]s[cripsi]t. Nevirtheles, oure said soverane lord and estaittes foirsaidis declaris and ordanis that the foirsaid appointment, haill articles abonewrittin, with the infeftmentis that hes followit and sall follow thairupoun, nor this present act of ratificatioun thairof, nor na heid, claus, article and conditioun, generall or speciall, heir and thairin exprest, nor nathing that sall follow thairupoun, sall in ony sort be hurtfull nor prejudiciall to ony infeftmentis, writtis, richtis and securities maid and grantit to and in favouris of Robert, lord Lyndesay, his predicessouris and authours quhatsomevir be the said George, archiebischop of Sanctandrois and his predicessouris, and be oure said soverane lord and his progenitouris, off quhatsomevir landis, offices, jurisdictionis, privilegis, feis, casualities, immunities and utheris contenit in the saidis infeftmentis, richtis and securities maid and grantit to and in favouris of the said noble lord and his foirsaidis thairupoun, quhilkis and everye ane of thame oure said soverane lord and estaittis foirsaidis ratifies and apprevis in all the headis and pointis thairof, ordaning thir presentis tobe als effectuall to the said noble lord and his foirsaidis thairanent as gif thay war heirin set downe ad longum, and that be virtew thairof thay bruik, joyse, use and posses all thair saidis landis, offices and utheris contenit in thair saidis richtis and infeftmentis peciablie in all tyme cuming, notwithstanding of the foirsaid appointment, articles and infeftmentis above mentionat and of this present ratificatioun, efter the forme and tennoure of the said noble lordis richtis and securities, quhairunto this present act nor nathing heirintill exprest, concludit and set downe in favouris of the said cietie of Sanctandrois sall mak ony dirogatioun, hurt or prejudice in ony sort, directlie nor indirectlie.