[1633/6/105]¹

Act in favour of the burgh of Pittenweem

Our sovereign lord and estates of this present parliament have ratified, approved and confirmed and, by the tenor hereof, ratify, approve and confirm the charter and infeftment of erection of the town and lands of Pittenweem, with the pertinents, lying within the sheriffdom of Fife, in a free burgh regal granted by his majesty's late dearest great-grandfather, King James V, of happy and blessed memory, to the late John, prior of Pittenweem and convent thereof, under the great seal, of the date at St Andrews, 24 February 1[540], and of his highness's reign the 28th year, together with the two charters and infeftments granted by the said late John, prior of Pittenweem and convent of the said priory, to the provost, bailies, council, community, burgesses and inhabitants of the said burgh of Pittenweem, of all and whole the said burgh of Pittenweem as the same was then built, or to have been built, and was created to the said prior and convent in the said burgh regal as said is, and of the roadstead, port, shelter and harbour thereof, and all and sundry muirs, mosses, waste ground, common ways, lones and other commonties, liberties, immunities, customs, anchorages, privileges and commodities pertaining and belonging thereto at length expressed and set down in the said charters, which are of the date 12 February 1547, with the precepts and instruments of sasine respectively following thereupon, together also with the charter and infeftment granted by his majesty's late dearest father, King James VI, of happy memory, to the bailies, council, burgesses and community of the said burgh of Pittenweem and their successors, of all and whole that great house or lodging of the monastery of Pittenweem lying within the burgh thereof foresaid, at length designed in the said charter, which is of the date 25 July 1593, with the precept and instrument of sasine following thereupon, in all and sundry heads, points, articles, clauses, circumstances and conditions of the said charters, infeftments, precepts and instruments of sasine respectively; and will, grant and declare that this present general ratification and approbation thereof is, and shall be, as valid, effectual and sufficient to the said provost, bailies, council, community, burgesses and inhabitants of the said burgh of Pittenweem and their successors as if the same charters, infeftments, precepts and instruments of sasine respectively, and every one thereof, were at length word by word engrossed and set down therein, regarding the which and all faults and imperfections thereof, or that may be proposed or alleged in the contrary, or of this present general ratification and approbation of the same, his majesty and estates foresaid have dispensed and, by this ratification, dispense for ever. Moreover, forasmuch as the priory of Pittenweem was erected by his majesty's said late dearest father to the late Frederick Stewart, lord Pittenweem, in a temporal lordship called the lordship of Pittenweem, which thereafter was conveyed by the said late Frederick to Thomas [Erskine], earl of Kellie, who was infeft therein, held of our said sovereign lord, which Thomas, earl of Kellie since, according to the general submission regarding the superiorities of erection, with consent of the late Alexander [Erskine], lord Fentoun, his son, at the least they both resigned and surrendered the superiority of the said erected lordship of Pittenweem in the hands of our said sovereign lord, to remain perpetually, so that his highness is now become in place of the old priors and of the late lords of erection of Pittenweem, and thereby has good and undoubted right to the superiority thereof. And now his majesty and estates foresaid, considering that the said burgh of Pittenweem bears burden with the burghs royal of this his majesty's kingdom of Scotland, and that it is most fit and expedient that the same be also erected in a burgh royal in respect the same is very populous, and has a good and safe harbour already built upon the charges and expenses of the inhabitants of the said burgh, therefore our said sovereign lord and estates of this present parliament have erected, constituted, created and ordained and, by the tenor hereof, erect, constitute, create and ordain the said burgh of Pittenweem comprehending the whole houses, tenements, lands and commonties lying between the burgh of Anstruther Wester on the east, the lands of St Monance and Abercrombie on the west, and the lands of Balcaskie and Grangemuir on the north (excepting always the commonties on the east of the march stones pertaining to Anstruther Wester and mill town), in a whole and free burgh royal, to be called now and in all time coming hereafter the burgh of Pittenweem; and declare, statute and ordain the said burgh of Pittenweem, comprehending the houses, tenements, lands and commonties foresaid, now to hold immediately of our said sovereign lord and his highness's successors likewise and as freely in all respects as any other burgh royal within this kingdom are held, and to have vote in parliament, conventions of estates and general councils and commissions of burghs and in all other lawful meetings and assemblies where burghs royal of this kingdom have place of sitting and voting; and, if need be, ordain a charter and infeftment to be completed thereupon under his highness's great seal in such due, large and ample form and manner as is requisite and as has been in use to be granted to any other burgh royal within this realm containing all privileges, freedoms, liberties and immunities due thereto. In the parliament held at Edinburgh, 28 June 1633, compeared by their procurators Thomas, earl of Kellie and Thomas [Erskine], now lord Fentoun, and protested that neither the signature and right granted or to be granted by our sovereign lord in favour of the town of Pittenweem for erecting of the same in a free burgh nor the ratification passed or to be passed by his majesty at this present parliament in favour of Sir William Anstruther of that Ilk, knight, of and concerning the Mill of Pittenweem, shall in no way be hurtful and prejudicial to them or any of them regarding the rights and securities made and granted by his majesty and his predecessors of before in favour of the said Thomas, earl of Kellie and the said Thomas, now lord Fentoun, of the lands and lordship of Pittenweem and Anstruther Wester. Which protestation our said sovereign lord and estates of this present parliament have admitted and by this act admit.