The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 8 October 2024
[1633/6/102]1
Act in favour of the burgh of Haddington
Our sovereign lord and three estates of this present parliament ordain a ratification to be made therein to, and in favour of, his highness's beloved provost, bailies, council and community of the burgh of Haddington and their successors, ratifying, approving and, for his highness and his successors, perpetually confirming, likewise by the tenor hereof our said sovereign lord and estates of parliament ratify, approve and, for his highness and his successors, perpetually confirm, the infeftment and charter made and granted by his majesty's late dearest father James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, of eternal memory, with advice and consent of his highness's principal treasurer, treasurer depute and other lords of secret council, his highness's commissioners appointed for governing of his highness's rents and casualties of this realm for the time, to, and in favour of, the said provost, bailies, council and community of the said burgh of Haddington and their successors, whereby our said deceased late sovereign lord, his highness's dearest father of worthy memory, with advice and consent foresaid, for the causes therein contained, has not only ratified, approved and, for his highness and his successors, perpetually confirmed all and sundry all infeftments, erections, mortifications, charters, donations, titles, licences and privileges whatsoever made and granted by his majesty's said late dearest father and his most noble progenitors to the said burgh of Haddington, burgesses and inhabitants thereof and their predecessors and successors, with all lands as well property as commonty, kirklands, annualrents belonging to them, privileges and immunities contained therein and whole contents therein contained, and all privileges, immunities, fairs, markets and other liberties which they then, or of old, had and whereof they were in possession of whatsoever date or dates, tenor or contents the same be of which are held as for expressed in the said charter. But also our highness's said late dearest father of worthy memory, with advice and consent foresaid, had of new made, constituted, created, erected and incorporated all and whole the said burgh of Haddington, with all and sundry lands, houses, buildings, yards, acres, wastes and others lying within the burgh ruids and territory of the said burgh, with all and sundry other lands, muirs, lochs, meadows, acres and others pertaining to the said burgh, as well in property as commonty, in a whole and free burgh royal to be called in all time coming, as of before, the burgh of Haddington. And whereby his highness's said late dearest father of worthy memory, with consent foresaid, has given, granted, and for his highness and his successors perpetually confirmed to the said provost, bailies, council and community of the said burgh and their successors present and being for the time heritably all and whole the Muir of Gladsmuir, with the pertinents and common gate leading thereto, lying near the liberty and territory of the said burgh, within the sheriffdom of Edinburgh and constabulary of Haddington (excepting and reserving always to and in favour of Thomas [Hamilton], then earl of Melrose, now earl of Haddington, lord Byres and Binning, then president of the college of justice and secretary to his highness's said late dearest father, his male heirs and successors, these parts of the said Muir of Gladsmuir specially mentioned in the said charter pertaining to him heritably, and thereby excepted and reserved to him and his foresaids in manner therein contained). As also gave, granted and conveyed to the said provost, bailies, burgesses, council and community of the said burgh and their successors present and being for the time, all and whole these acres of land called Ranfeglenis Acres, and two acres of land called Hangman's Acres, and all and whole the two corn mills of the burgh of Haddington, with the multures and sequels thereof, mill haughs and mill lands of the same, and all and whole the port of Aberlady lying in the bosom of Peffer Water and common gate leading to the said port, together with the house of the said burgh situated by the said port and shore thereof, commonly called the town of Haddington's house, with the anchorage monies and other privileges, customs, profits and duties of a free port, with the market weekly upon Saturday and two public free yearly fairs, the one thereof to be held yearly in the feast of St Peter [29 June] next and immediately following the feast of St John the Baptist [24 June], called Midsummer, and thereafter continuing by the space of eight days, and the other of the said three fairs to be held yearly within the said burgh and all other places thereabouts used and wont, beginning yearly 29 September and thereafter to continue and endure for the space of another eight days, to be called Michaelmas Fair in all time coming, with all tolls, customs and other privileges, liberties and immunities of old belonging to the said burgh of Haddington, together with all and sundry lands, annualrents and possessions whatsoever pertaining to the said burgh of before, and with the office of sheriffship within the said burgh, liberty and territory thereof, which burgh of Haddington and the said tenements, acres, annualrents, free port, anchorage, tron house, office of sheriffship and others above-written pertained of before to the said burgh of Haddington, and which Muir of Gladsmuir pertained of before to the said burgh of Haddington, and to the said Thomas, now earl of Haddington, and were lawfully resigned by them and their procurators in their names in the hands of his highness's said late dearest father and his commissioners in his majesty's name, in favour and for the said infeftment thereof to be made and given by his highness's said late dearest father to the said provost, bailies, burgesses, council and community of the said burgh of Haddington and their successors, in manner therein contained. And whereby his highness's said late dearest father of worthy memory, for the causes therein contained, of new gave, granted and conveyed to the said provost, bailies, council and community of the said burgh of Haddington, and their successors present and to come, all and whole the said burgh of Haddington, and all and whole the said Muir of Gladsmuir, with the pertinents lying as said is (excepting and reserving to the said Thomas, earl of Haddington and his foresaids the parts and portions of the said muir therein excepted and reserved as said is), and also all and whole the said acres called Ranfeglenis Acres, the said two acres called Hangman's Acres, and all and whole the said two corn mills of the said town of Haddington, with the multures and sequels thereof, mill haughs and mill lands of the same, and of all and whole the said port of Aberlady in the said bosom of the said water of Peffer and common way leading thereto, together with the said burgh house, called the town house, situated beside the said port and shore of the town of Aberlady, commonly called the house of the burgh of Haddington, with the anchorage monies and other privileges, customs, profits and duties of a free port, together also with all and sundry other privileges, annualrents and possessions whatsoever pertaining and belonging to the said burgh in any time bygone, and making, constituting and ordaining the said provost and bailies of the said burgh of Haddington and their successors sheriffs of Haddington within the burgh, liberty and territory thereof, with ample powers and privileges to the said provost, bailies, council and community of the said burgh and their successors regarding the said burgh and others above-written in manner contained in the said charter, to be held of his highness's said late dearest father and his successors in free burgage, fee and heritage for ever, as the said charter under the great seal of the date 30 January 1624 at more length purports, with the precept of sasine following thereupon, under the testimony of the said great seal of the same date, and instrument of sasine following thereupon of the date [...] day of [...] 162[...], in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions therein contained, and after the form and tenor thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that this present general ratification of the said infeftment, charter, precept and sasine above-written is, and shall be, of as good force, strength and effect to the said provost, bailies, council and community of the said burgh of Haddington and their successors for possessing and enjoying of the said burgh lands, muir, acres, mills, mill lands, mill haughs, office of sheriffship, port, harbour, anchorage, money, townhouse, gates, passages and all other privileges, liberties, immunities, customs, commodities, casualties and others foresaid pertaining and belonging to the said burgh, with all other lands and annualrents pertaining and belonging to the said burgh and whole privileges and liberties thereof specially and generally contained in the said infeftment, and others whatsoever pertaining and belonging to a free burgh royal, as if the said charter, precept and sasine were all at length word for word engrossed, inserted and contained in the said ratification; concerning which, and with all other defects and imperfections which may be proposed against the said charter, precept and sasine or any of them or this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever. And because by the said infeftment there is only power and privilege given and granted to the provost, bailies, council and community of the said burgh of Haddington and their successors to have and to have had therein a market day weekly upon Saturday, which weekly market is not able to furnish the said burgh and his highness's lieges resorting thereto in fresh meat and other necessary commodities from the one market day to the other, being eight days between, specially in the summer season, the said burgh of Haddington, being a burgh that lies in the highway between London and Edinburgh, in which has countrymen and strangers going and coming continually now repairs, therefore, and for the better furnishing of the said burgh and enabling of them to serve his majesty and lieges dwelling therein and resorting thereto at all times, our said sovereign lord and estates of parliament give and grant power and liberty to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh of Haddington and their successors to have and to have had another market weekly in the said burgh on Wednesday in all time coming, in addition to the said market which they have weekly on Saturday, and that also as freely and in the same manner as the said market is held weekly within the said burgh on Saturday, and to receive and collect the tolls, customs and other duties and commodities of the said Wednesday market and to use all the privileges of the said Wednesday market likewise and as freely as they do on the said Saturday market; concerning which, this act shall be a sufficient warrant to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh and their successors and all other persons resorting and frequenting to the said burgh and markets thereof in all time coming, and ordains publication to be granted hereupon to that effect in due form as appropriate.
- NAS, PA2/21, f.82r-84r.