[1633/6/101]¹

Act in favour of the burgh of Culross

Our sovereign lord and estates of this present parliament, considering that his highness's late dearest father, King James VI, of worthy and eternal memory, upon diverse good causes and considerations moving him, with advice of the lords of his secret council, did create and erect the burgh of Culross, being a free burgh of barony of before, in a free burgh royal and endowed the same with diverse and sundry privileges, liberties and freedoms mentioned in the charter and infeftment of the said burgh under the great seal of the date 5 June 1592, and thereafter that same day in the parliament then held at Edinburgh, his highness's said late dearest father and estates of that parliament, in consideration thereof and seeing the said erection and creation of the said burgh as said is in a free burgh royal was done upon good considerations tending to the increase of policy and augmentations of his highness's patrimony, ratified and approved the said infeftment and whole privileges, conditions, clauses and provisions thereof, determining and declaring the same infeftment to be as valid and sufficient as if the said burgh, lands and others specified therein had been specially dissolved in the act of the annexation of the kirklands to the crown, and further dissolved the said burgh, lands, acres, tenements and all other privileges, liberties and pertinents thereof and others specified therein to the effect the same, if need be, might of new have been erected in a free burgh royal by his majesty and an infeftment granted thereupon after the form and tenor of the infeftment above-specified, providing always that the said ratification was not hurtful or prejudicial to Robert Bruce of Blairhall and Walter Callander of Boildy, as in the said infeftment and ratification thereof respectively at more length is contained. Therefore, and for the well of the said burgh, privileges, liberties and freedoms thereof whatsoever thereto appertaining, our said sovereign lord and estates of this present parliament ratify and approve the said infeftment of erection of the said burgh of Culross, which sometime was a burgh of barony, in the said free burgh royal and all and sundry privileges, liberties and freedoms therein granted for the well of the said burgh and tending to the increase of policy and augmentation of his highness's patrimony and the said ratification thereof above-mentioned, decerniture, declaration and dissolution above-written contained therein, and new erection of the said burgh in a free burgh royal if any be granted or to be granted thereupon, and infeftment following or to follow upon the same after the form and tenor of the infeftment above-specified and upon the provision above-written in all and sundry the heads, points, clauses, articles and conditions thereof, and after the forms and tenors of the same in all points. And in like manner our said sovereign lord and estates foresaid of this present parliament ratify and approve the demission, resignation and relinquishment made, given and granted by the late Alexander [Colville], commendator of the abbey of Culross and convent of the same, of the date 2 [...] 1588, whereby the said commendator and convent, upon the good considerations therein contained, by themselves or their procurators therein contained, in their name, demitted, resigned and gave over the whole final teinds appertaining of before to the vicarage of the abbacy and benefice of Culross, such as teind lambs, teind wool, teind lint, teind leiks² and other small teinds and duties used to be paid of before, and that in favour of the late Master William Home, then schoolmaster of the grammar school within the said abbey of Culross, and his successors that should happen to occupy the said office for the time, and the gift, donation and disposition therein contained granted thereupon by his said late dearest father of worthy and eternal memory in favour of the said late Master William Home and his successive masters of the said grammar school, making continual residence within the foresaid abbey or burgh of Culross in time coming, of the said vicarage teinds, dated 1 April 1589, under the privy seal, and the other gift, donation and disposition therein contained made, given and granted by his highness's said late dearest father of worthy memory, under the privy seal, of the date 2 February 1603, whereby his said late highness, upon the good considerations therein contained, gave, granted and conveyed to Master John Fairfoul, then master of the said grammar school within the said abbey during his lifetime, and to his successive masters of the said grammar school, all and sundry the said vicarage teinds of the said parish kirk of Culross pertaining to the said abbey thereof, with all and sundry teinds, emoluments, rents and duties whatsoever pertaining and belonging thereto, such as teind lamb, teind wool, teind lint, teind leiks and other teinds and duties whatsoever used to be paid thereof of before, then vacant in his said late highness's hands by the decease of the late Master David Ewing, then last schoolmaster thereof, or by whatsoever other manner of way the same became vacant or fell in his said late highness's hands, in all and sundry the heads, points, clauses, articles, provisions, conditions and circumstances therein contained, and after the forms and tenors thereof in all points but contradiction. And also, our said sovereign lord and estates foresaid of this present parliament, considering the great hurt and prejudice heretofore sustained by his majesty's lieges who poind and apprise any goods or gear within the parish and lordship of Culross through their being forced according to the laws of this realm to carry and transport the same to the market cross of Perth, head burgh of the sheriffdom within the which the said lordship and parish lies, and so [...] miles distant between the said burgh of Perth and them, by the which poindings and apprisings of the goods and gear within the said parish and lordship at the said market cross of Perth, his majesty's lieges, users thereof, so far distant are put to exorbitant and extraordinary charges and expenses and the goods thereto carried and transported to be poinded are wrecked and made of no or little value, through which not only the persons, users of the said poindings, are heavily hurt through their travail and extraordinary charges, but also the persons from whom the said goods are poinded are heavily damnified in carrying and transporting of the said goods so far, destroying and abusing them in their travel and so thereupon apprising the same within the value. And therefore, our said sovereign lord and estates foresaid, for the well of his majesty's said lieges, considering the burgh of Culross to be a burgh royal and very near and commodious for poinding of any goods or gear which shall happen to be poinded within the said parish and lordship of Culross at the market cross of the said burgh of Culross in time coming, ordains that whatsoever goods or gear shall happen to be poinded within the said parish and lordship of Culross and bounds thereof in time coming, that the same shall be carried and transported to the market cross of Culross and poinded and apprised thereat, according to the order and laws of this realm, and in no way hereafter at the said market cross of Perth. Declaring, likewise by this act our said sovereign lord and estates foresaid declare, that the poinding of any goods or gear within the said parish and lordship of Culross at the said market cross of the said burgh of Culross shall be as valid, effectual and sufficient as if the same were made and done at the said market cross of Perth, head burgh of the sheriffdom wherein the said parish and lordship lies, notwithstanding the same be not so done; concerning which, our said sovereign lord and estates foresaid have dispensed and by this act dispense for ever, and that publication be raised hereupon and published and used at the said market cross of Perth and other places needful that his majesty's lieges pretend no ignorance hereof in time coming. Moreover, our said sovereign lord and estates foresaid of this present parliament, considering that the abbey kirk of Culross has been the kirk wherein the cure has been served by preaching of the word of God, celebrating the holy communion and exercising and using of other ecclesiastical discipline since the reformation, and that the kirk, called the parish kirk of Culross, is an old kirk wherein service is not, nor has not, been used since memory of man and is altogether ruinous, decayed and fallen down in diverse parts, so that the said abbey kirk of Culross is the most apt and fit kirk for serving of the cure thereat in time coming, and be reputed and held the ordinary parish kirk for that effect in all time hereafter, therefore our said sovereign lord and estates foresaid in this present parliament have erected and by this act erects the said kirk called the abbey kirk in a free parish kirk to the said burgh of Culross, parishioners and inhabitants within the said parish thereof, to be called in all time coming the parish kirk of Culross, so that the inhabitants within the bounds thereof shall in no way be astricted hereafter to the said old kirk, called the parish kirk of Culross, nor discipline thereof, and upheld the same to that effect, but shall only be subject to the discipline to be used at the said abbey kirk of Culross, now to be called the parish kirk thereof in all time coming, and wills and grants and for his highness and his successors decrees and ordains that the said abbey kirk, now to be called the said parish kirk of Culross, shall have, possess and enjoy the like privilege, immunity and liberty as the said old kirk, called the parish kirk, had at the foundation thereof or granted thereto in any time bygone, with the stipend due to the said old parish kirk to be paid to the minister present and to come serving the cure at the said new erected kirk and other freedoms, liberties, easements and privileges whatsoever, such as manse and glebe appertaining to the said old kirk, in time coming for now and ever, without contradiction or impediment.