Ratification to the burgh of Kirkcudbright

Our sovereign lord, with advice of the estates of this present parliament, considering the good, true and thankful service done to his majesty and his most noble progenitors by the provost, bailies, council and community of the burgh of Kirkcudbright and their predecessors in all time bygone, has ratified and approved and, by this legislation, ratifies and approves the charter and infeftment granted by his majesty to the said provosts, bailies, council and community of the said burgh of Kirkcudbright and their successors, containing therein not only a ratification of a charter and infeftment granted by the late King James II of worthy memory to the said burgh of Kirkcudbright, of the liberties and privileges thereof, with power to buy and sell lawn, skin, hides and all other kind of merchandise, and to have within the same all craftsmen belonging to a free burgh, with cross, tron, market and a market day weekly on the Sabbath day and public fairs yearly at the feast of Michaelmas [29 September] for ever, with certain lands, fishings, mills, multures, sequels, courts, fines, profits, duties, liberties, privileges and customs belonging to the said burgh as freely as the burgesses of the same burgh stood infeft by his majesty's predecessors therein and have been in use and possession thereof at any time bygone, which infeftment is dated at Perth, 26 October2 1466; together with a charter and infeftment of feu ferm granted by King James IV of worthy memory to the said provost, council, bailies and community of the said burgh of Kirkcudbright and their successors of all and whole the lands called the Castlemains of Kirkcudbright, extending to a forty shilling land, in manner specified in his majesty's rental thereof lying near the said burgh, within the stewartry of Kirkcudbright and sheriffdom of Dumfries, which charter is dated at Edinburgh, 26 February 1509 and of the king's reign the 22nd year, with the precept and instrument of sasine following thereupon, but also containing therein a new disposition to the said provost, bailies, council and community of the said burgh of Kirkcudbright and their successors of all and whole the same burgh of Kirkcudbright, ground and whole bounds within the bounds and marches thereof used and wont, and whereof they and their predecessors have been in possession at any time bygone, with cross, market, weekly market day, fairs and tron foresaid; and of all and whole the said lands called Castlemains of Kirkcudbright and their pertinents, with all and sundry customs and burghal ferms and duties of the said burgh and lands above-specified, and with all liberties, privileges, commodities, immunities, mills, multures, sequels, tolls, customs, possessions, courts, fines and others foresaid, with power to make and create burgesses within the said burgh, and with all other liberties and privileges contained in the said infeftment or whatsoever other infeftments made to them of before, which are held as expressed in the said charter, and also with power to them to keep a weekly market day either upon Friday or Saturday as they shall think expedient, with two free fairs in the year, one thereof at Michaelmas for the space of eight days, and the other fair on 1 May, called Beltane Fair, for the space of another eight days; with power likewise to them yearly at the feast of Michaelmas to elect and create a provost, two bailies, a treasurer, deacons of crafts, officers and other members necessary within the said burgh for governing of the same, and to keep and hold courts as any other burgh royal does, with all other privileges and liberties in manner specified in the said charter; and also containing a union and annexation therein of the said lands of Castlemains of Kirkcudbright with all other lands whereof they have been in possession, with the small customs, tolls and casualties of the said market fairs and tron to the said burgh liberties and incorporation thereof, with power to take sasine at the said market cross of Kirkcudbright for all, to be held of our sovereign lord and his successors in free burgh royal, feu ferm, fee and heritage forever, as in the said infeftment containing the said ratification, new disposition and union above-specified under his majesty's great seal of the date at Holyroodhouse, 20 July 1533 at more length is contained, together with the precept and instrument of sasine3 following thereupon, and with all other infeftments, charters, sasines and other rights, titles, and securities whatsoever made and granted by his majesty or any of his majesty's most noble progenitors in favour of the said provost, bailies, council and community of the said burgh of Kirkcudbright, of all and whole the same burgh and whole lands thereof, foresaid liberties, privileges and casualties of the same, and others above-specified pertaining and belonging thereto in any time bygone preceding the date hereof, in the whole heads, articles, clauses, conditions and circumstances whatsoever specified and contained in the said charters, infeftments and sasines respectively above-specified, with all that has followed or may follow thereupon, saving and reserving always to our said sovereign lord and his successors rights, service and feu duties due and customary to his highness and his predecessors of the said burgh, lands, privileges and liberties thereof and to their foresaids before this present ratification. Moreover, his majesty and estates foresaid will and grant and for them and their successors decree and ordain that the foresaid charter and infeftment and sasine foresaid following thereupon, and other charters, sasines and rights respectively above-specified, with this present ratification thereof, are and shall be good, valid and sufficient rights and securities to the said provost, bailies, council and community of the said burgh of Kirkcudbright and their successors for possessing and enjoying the same burgh and whole lands, liberties, privileges and casualties thereof and others above-specified pertaining and belonging thereto in all time coming without stop or impediment, and also that this present ratification and generality thereof shall be as valid, effectual and sufficient to the said provost, bailies, council and community of the said burgh and their successors for that effect, as if the said charters, infeftments and sasine foresaid following thereupon, and all other charters, infeftments, sasines and rights respectively above-rehearsed were at length word by word inserted herein, regarding which and the generality thereof, and all inconveniences that may follow thereupon, as also with all other objections and imperfections (if any be) which may be opposed or alleged against the validity or invalidity of the same infeftments, sasines or other rights foresaid, or of this present ratification thereof, his majesty and estates foresaid have dispensed and dispense by this ratification.

  1. NAS, PA2/22, f.217r-218r.
  2. Followed by '1455 and of the king's reign the 19th year with the precepts and instrument of sasine following thereupon. And which charter is duly copied under the sign and subscription of Bryce Stewart, notary public, of the date at the fraternities chapel of Kirkcudbright, 13 February' in square brackets in APS. This is taken from the original warrant at NAS, PA6/6, '17 November 1641'.
  3. 'at the said market cross of Kirkcudbright' has been inserted but scored through by the clerk.