The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 14 October 2024
[1633/6/106]1
Act in favour of the burgh of Selkirk
Our sovereign lord and estates of this present parliament ordain a ratification to be made therein to, and in favour of, his highness's beloved bailies, council and community of the burgh of Selkirk 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 by this act ratifies, approves and, for his highness and his successors, perpetually confirms the particular and separate charters underwritten, namely: one thereof made, given and granted by the late King James V of worthy memory to the burgesses and community of the said burgh of Selkirk, under the great seal, of the date at St Andrews, 4 March 1535, whereby the said late King James V, for the reasonable causes therein contained, of new infeft, gave, granted and for ever confirmed to the said burgesses and community of the said burgh of Selkirk the same burgh of Selkirk in a free burgh as the same was of before in manner mentioned in the said charter in all time coming, with all and sundry common lands and possessions whatsoever pertaining to the said burgh with ample liberties and privileges contained therein, to be used and possessed by the said burgesses and community of the said burgh as freely and in the same manner as any other burgh within the kingdom of Scotland exercises and possesses the liberties thereof, to be held of the said late King James V and his successors in free heritage and free burgage for payment of the burgh mails and duties used and wont to be paid out thereof of before; another of the said charters, likewise made, given and granted by the said late King James V of worthy memory to the said burgesses and community of the said burgh of Selkirk, under the great seal, of the date at Edinburgh, 8 April 1538, ratifying and approving therein the said former charter specially above-mentioned, and also thereby the said late King James V has of new infeft, given and conveyed to the said burgesses and community of the said burgh of Selkirk the same burgh of Selkirk in a free burgh as of before for ever, with all and sundry common lands, privileges and possessions whatsoever belonging thereto, and at length specified in the said former charter above-written; and another charter also made, given and granted by the said late King James V of worthy memory to the said bailies and community of the said burgh of Selkirk and their successors, under his highness's great seal, of the date at St Andrews, 2 October 1540, whereby the said late King James V gave, granted and committed to the said bailies and community of the said burgh present and to come and their successors certain liberties, licences and privileges mentioned in the said charter, as the said three separate charters of the dates respectively foresaid in themselves more amply purport, with all and sundry precepts of sasine and instrument of sasine following upon the said charters or any of them of whatsoever date, tenor or contents the same be of, and all and whatsoever other charters, infeftments, precepts, sasines, confirmations, acts, sentences, decreets, exchequer rolls, rights, titles and securities, letters, writs, evidents, donations, gifts, liberties, commodities, immunities and privileges therein contained made, granted or confirmed by his highness's late dearest father of worthy memory or any other of his majesty's most noble progenitors, kings or queens of Scotland, their regents or governors for the time, to the said burgh of Selkirk, bailies, burgesses and inhabitants of the same, their predecessors or successors, of, upon and concerning the said burgh of Selkirk, lands, rents, possessions, mills, multures, commonties, markets, fairs, customs, office of sheriffship, privileges and liberties whatsoever pertaining and belonging thereto, or of any of them or any part thereof of whatsoever form or forms, content or contents, date or dates the same be of, in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions therein contained, and after the forms and tenors 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 the generality of the said ratification is, nor shall be, in no way hurtful nor prejudicial to the speciality thereof above-specified, nor by the contrary the said speciality in no way to be prejudicial to the generality foresaid; as also will, grant, decree and ordain that this present ratification is and shall be of as great force, strength and effect to the said bailies, council, burgesses, and community of the said burgh of Selkirk and their successors for possessing and enjoying of the said burgh of Selkirk and all and sundry the lands, possessions, mills, multures, markets, fairs, tolls, customs and all other liberties, privileges, immunities and others belonging thereto, as if the said whole infeftments and other rights specially and generally above-written made to them and their predecessors thereupon were at length word for word specially and particularly herein inserted and contained, notwithstanding that the same be not so done; concerning which, our said sovereign lord and estates of parliament have dispensed and, by this act, for his highness and his successors, dispense for ever, and that the said ratification be further extended in due form with all clauses necessary with special provision always. Likewise it is hereby specially provided that this present ratification nor no head nor condition hereof shall in no way be hurtful nor prejudicial to [Robert Ker], earl of Roxburghe and his tenants, nor to the heritors and possessors of any part of the lands belonging to the sometime abbacy of Kelso, as also Andrew Riddell of Haining regarding their right and possession of any part of the common called the common of Selkirk, but that the said rights and possession shall be specially reserved according to the law. And likewise that the same shall in no way be hurtful or prejudicial to William [Douglas], marquis of Douglas, nor to Sir [James] Murray of Philiphaugh, knight, their tenants, heritors and possessors of any part of the lands called the common of Selkirk, but that the said rights and possession shall be reserved to them as of before notwithstanding of the said ratification.
- NAS, PA2/21, f.86v-87v.