Act in favour of the burgh of Inverness

Our sovereign lord, with advice and consent of the three estates of this present parliament, by the tenor hereof, ratifies and approves the charter made and granted by his majesty's late dearest father of worthy memory, under his highness's great seal, of the date at Holyroodhouse, 1 January 1591, containing a ratification of all and sundry charters, infeftments and confirmations, rights, titles, securities, letters, writs and evidents, donations, concessions, liberties, immunities and privileges therein contained, made, given and granted by his majesty's said late dearest father and his highness's most noble progenitors, kings and queens of Scotland, to the burgh of Inverness, provosts, aldermen, bailies, council and community thereof and their successors particularly and generally mentioned in the said charter, and by the which charter his majesty's said late dearest father of new set in feu ferm to the said provost, bailies, council, burgesses, and community of the said burgh of Inverness and their successors for ever, all and whole the foresaid burgh of Inverness, lands, territories and commonties thereof; and all and sundry the lands, tenements, houses, buildings, kirks, chapels, chaplainries, orchards, yards, acres, tofts, crofts, mills, mill lands, fishings as well of salmon as other fishes, as well in the salt as in the fresh waters, annualrents, fruits, rents, places, mansions, manors, woods, duties, profits, emoluments, kirkyards, ferms, alms, obituaries, anniversaries, commonties, liberties, immunities and others whatsoever, as well ecclesiastic as secular, as well contained and mentioned in the said former charters, infeftments, confirmations, rights, titles, securities, letters, writs, evidents, donations and concessions respectively as lying in the said burgh of Inverness, or in the territories, parish, commonty and liberty thereof, with all and sundry their tenants, tenancies, service of free tenants, fruits, commodities, annexes, connexes, parts, pendicles, privileges and pertinents whatsoever; as also all and sundry the lands of Drakies and forests thereof, the lands of Merkinch with the common pasturage pertaining thereto, called of old Burghaugh, lying between the mount and the water, with the wood park between the height of the said mount and the said haugh, together with all the lands of the said burgh of Inverness called the Barnhills, Claypots and Millfield, and common lands called the Carse, the lands called the Cairnlaws bounded and marched in manner specified in the said charter; as also all and whole the common muir of the said burgh and all and whole the water of Ness, and whole parts on both the sides thereof, between the stone called Clachnaharry and the sea, with all fishings, as well of salmon as white fishes, ports, harbours and cruikes2, privileges, profits and commodities of the said water and of, in and upon the same water on both the sides thereof from the said stone to the sea wherein the said water runs at the fishing called the Stell, and with the fishing of the pool called the Redpool on the west part of the ferry of Kessock, and with all and sundry fishings, as well of salmon as white fishes, and all the ports, harbours, shelters and cruikes, privileges and commodities of the mouth of the said water of Ness, and of, in and upon the said mouth on both the parts and sides thereof, with certain privileges and liberties mentioned in the said charter; and all and whole the ferry of Kessock and landing places thereof, on both the parts and sides of the said ferry and of the said water of Ness and privileges thereof mentioned in the said charter; and likewise all and sundry the mills of the said burgh called the King's Mills, mill lands, sequels and sucken thereof, with the astricted and dry multures of the castle lands and other lands which pertained of old to the said mills, being of old upon the said water of Ness, on the south part of the castle called Canakhilmilne mentioned in the said charter, and the thirlage therein contained. And whereby likewise his majesty gave and granted to the said provost, bailies, council, community and burgesses of the said burgh of Inverness and their successors that they shall be within themselves crownars and shall have within the said burgh the liberty and jurisdiction in all justice ayres and justice courts and other courts whatsoever of crownars to be elected of their fellow burgesses, inhabitants of the same burgh, by the provost, bailies and council thereof and their successors at their pleasure yearly and for so long time as they shall think expedient; and likewise that they shall have within themselves a sheriff of their fellow burgesses, inhabitants of the same burgh, to be elected and chosen by the provost, bailies and council thereof and their successors at their pleasure yearly and for so long time as they shall think expedient, which crownars and sheriffs and their successors, who for the time shall be crownars and sheriffs of the said burgh of Inverness, by the said charter, his majesty's said late dearest father gave full power to have his highness's and his successors' full liberty, power and authority to administrate, rule, exercise and govern offices of crownary and sheriffship within the said burgh of Inverness and liberty thereof, and within the lands, places, waters and others belonging to the said burgh by any manner of way; which charter contains likewise diverse and sundry other heads, donations, concessions, gifts, privileges and immunities at length specified therein in all and sundry heads, points, articles, clauses and conditions thereof whatsoever, after the form and tenor of the same, and declares, statutes and ordains this present confirmation of the charter above-written is and shall be as valid, effectual and sufficient in all respects as if the same charter had been at length and word by word inserted herein, dispensing hereby with the not inserting thereof. Likewise his majesty, with advice and consent foresaid, finds, declares, statutes and ordains that the foresaid charter granted by his majesty's said late dearest father with this present ratification thereof are and shall be sufficient, lawful and valid rights and securities to the said provost, bailies, council, burgesses, community and inhabitants of the said burgh and their successors for possessing and enjoying perpetually in all time coming of the whole lands, tenements, fishings, ports, harbours and others privileges and pertinents particularly and generally mentioned and expressed in the said charter, which are and shall be held as particularly repeated and inserted herein, dispensing hereby with the not repeating and inserting thereof in this present ratification. It is always provided that this present ratification shall in no way be prejudicial to Alexander Baillie of Dunain, his heirs and assignees regarding their infeftments and rights of the mosses and muirs pertaining to his part of the castle lands of Inverness, and namely his part of the mosses and muir of Cappulleach which are declared by this present act to be reserved to the said Alexander Baillie and his foresaids in their own full strength, force and integrity as they were held and possessed by him, his authors and predecessors of before. And ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act hereupon in due form, with provision likewise that the same ratification shall in no way be prejudicial to [James Stewart], earl of Moray, nor to [George Gordon], lord Gordon, their rights and infeftments granted to them and their predecessors, but that the same shall remain to them unhurt or prejudiced by this present ratification passed in favour of the said burgh of Inverness.

  1. NAS, PA2/21, f.88v-90r.
  2. This could be translated according to the OED definition: A bending or curve, a convolution, e.g. of a river.