[1641/8/281]¹

Ratification to the burgh of Lauder

Our sovereign lord, with advice and consent of the estates of parliament, considering that the burgh of Lauder is the special and head burgh within the bailiary of Lauderdale and sheriffdom of Berwick, and that there are great quantities of cattle, sheep, wool and other bestial to be sold within the said bailiary and sheriffdom, and that one of the days appointed for holding of one of their fairs is altogether unprofitable in respect of the shortness of the day, foulness of the weather that is usual at that time, deepness of the soil and greatness of the water of Leader running near the said burgh, which hinders both the bestial and goods then to be transported to and from the said burgh, and the lieges and people to come and go thereto (without great hazard), so that the inhabitants, not only of the said burgh, but also of the whole sheriffdom and bounds round about and others having business in the fairs thereof, greatly desire and have earnestly supplicated his majesty and his highness's commissioners and estates of parliament that there be a fair and market held and kept in the said burgh of Lauder upon 22 July, called St Magdalene's day, being in the midst of summer when the bestial, cattle, sheep, wool and other merchandise of that kind which are very plentiful and abounds in these parts are at their best, and may most commodiously be transported to and from the said burgh, and when the people may most conveniently and safely repair thereto to sell and buy, and without danger of the waters lying thereabouts, which his majesty and estates of parliament have thought reasonable and fit. Therefore his majesty and estates of parliament have given and by this ratification give and grant to the bailies, council, burgesses and inhabitants of the said burgh of Lauder and their successors a market and fair to be held and kept by them in the said burgh of Lauder upon 22 July, called St Magdalene's day, and to continue for eight days thereafter (as is usual) yearly and perpetually in all time coming; and therewith give and grant to them and their successors all tolls, customs, privileges, immunities and liberties pertaining to a free fair of a free burgh royal, to be possessed, enjoyed, held and used by the said bailies and community of the said burgh and their successors in the same way as any other burgh royal within this kingdom possesses, holds and uses the like fair and market and liberties thereof therein for ever. And our sovereign lord ordains an infeftment and gift (if need be) to be passed upon the foresaid fair or market yearly to be held as said is, and liberties thereof, tolls, customs, privileges and immunities thereof to and in favour of the said bailies, council and community of the said burgh of Lauder and their successors either (per se) or to be contained in any infeftment, gift or signature to be passed in their favour. And in the meantime ordains this present act to be a sufficient and lawful warrant to the said bailies, council, burgesses and community of the said burgh and their successors for possessing and holding of the said market and fair the time foresaid yearly, and that for taking up of the said customs, tolls and duties thereof, and for using all other liberties and privileges pertaining thereto in manner foresaid until the foresaid infeftment, gift or signature be passed or completed by his highness or his successors to them thereupon, under his highness's great seal in due form, notwithstanding that the same be not contained in any such gift or infeftment granted to them thereupon; concerning which his majesty and estates of parliament dispense by this ratification, and declare and ordain that this present market, fair, liberty and privilege thereof hereby granted shall be without prejudice to the said bailies, council and community of the said burgh and their successors regarding the holding and possessing of all former fairs and markets granted to them and their predecessors at any time bygone and whereof they are in possession. It being always declared that this ratification nor no clause thereof shall be prejudicial to the heritable right of bailiary of Lauderdale pertaining to [John Maitland], earl of Lauderdale, his heirs and successors, nor to any privileges, liberties or immunities pertaining to the said heritable bailiary within the said fair or any other fairs within the same.