[1641/8/361]¹

Ratification to the burgh of Peebles

Our sovereign lord and estates of this present parliament ratify and approve therein to and in favour of the provost, bailies, council, burgesses and community of the burgh of Peebles and their successor provost, bailies, council, burgesses and community thereof, a charter of confirmation, containing therein a clause of novodamus made and granted to the said burgh by the late King James VI of worthy memory, his majesty's father, whereby his majesty confirmed to the said burgh of Peebles the particular charters and infeftments following, namely: a charter granted by the late King James II to the said burgh of Peebles, burgesses and community thereof, of all and sundry infeftments, liberties, sasines and possessions made and granted to the said burgesses and the said burgh by the said late King James II and his predecessors of the infeftments and liberties of the said burgh, courts, creation of burgesses and of the replegiation² of their fellow burgesses and inhabitants of the said burgh ferms, small customs, escheats and amercements of courts, election, creation and approbation of officers, punishment of transgressors, mills, multures and sequels, hawking and hunting in so far as pertained to the said late King James II and his predecessors before the infeftment of the said burgh, with commonties, pasturage, free access and entry to the muir of Cademuir, Hamill, Doune and Venlaw, with the pertinents and common pasturage, with free access and entry to the lands of Glentress from the sun rising to the down passing of the same, which were annexed to the said burgh of Peebles. Item, another charter made, given and granted by the late King James IV to the said burgh of Peebles, fellow burgesses and community thereof and their successors, of all and sundry liberties, sasines and possessions had and used by them and their predecessors of before, as also of all and sundry infeftments, sasines, possessions and privileges of the foresaid infeftments and liberties given and granted to the said burgh at any time of before, with power to the said town, burgesses and community to hold and keep courts, with creation of burgesses and of the replegiation of their fellow burgesses and inhabitants of the said burgh, together with the burgh mail, small customs, amercements of courts, escheats, election of officers and punishment of transgressors within the said burgh as the king's royal burghs have, together with mills, and specially with the mill built upon the side of the Castlehill of Peebles, mill dams, multures, fishings, huntings and hawkings in so far as pertained to the said late King James IV and his predecessors before the infeftment of the said burgh, with hills, lands and valleys and use of the same upon their own common lands of Cademuir, Hamill, Downe, Venlaw and Common Struther, and to use and enjoy the same by pasturing, tilling and sowing as shall seem most fit and expedient to themselves, and as they and their predecessors have used and enjoyed the same of before, and with common pasturage, free access and entry to the common of Glentress from the rising of the sun to the setting thereof, and in using the gates, marshes and commonties as have been in use, without whatsoever impediment of any person or persons, for carrying and leading of their fuel and all other necessaries to the said burgh and community thereof, without impediment of whatsoever person or persons dwelling within or about the said burgh as said is, with common pasturage upon the muir of King's Muir in the passage of Cademuir, and as freely as the said burgh held and possessed any of the foresaid privileges at any time bygone, as in the said charter granted by King James IV at more length is contained. Item, another charter granted by the late King David [II] of worthy memory of the chaplainry of St Marie founded within the said burgh of Peebles, of the mill of Innerleithen, with the whole multures which of old pertained to the mill of Traquair upon the north side of the water of Tweed, from the village of Horsburgh to Gatehope-burn, as in the said charter of the date 20 September and 38th year of the said King David's reign [1368] also at more length is contained. Together with all and sundry charters, infeftments, gifts, donations, privileges, immunities, acts of parliament, decreets and sentences made and granted by the said late King James VI or his most noble progenitors, or by whatsoever other person or persons, to and in favour of the said provost, bailies, council and community of the said burgh of Peebles for the time and their predecessors and successors whatsoever regarding the erection of the said burgh in a free burgh royal, and of all rights, titles and privileges by the law and custom of this kingdom pertaining to the same, and all and sundry lands, hills, valleys, gates, roads, muirs, marshes, rents, customs, amercements and escheats of court, houses, buildings, tenements, yards, donations, possessions, mills, mill lands, multures, dams and braes, rents, annualrents and all pertinents of the same, and of all fairs and markets, with immunities, privileges and customs of the same used and wont, and of all other liberties, lands, rents and jurisdiction which the said provost, bailies, councillors and community of the said burgh of Peebles by themselves or their predecessors have held, possessed and used at any time bygone or which they for the present hold, use or possess. And also all and sundry mortifications, rights of patronages, infeftments, donations and dispositions given and granted by the said late King James VI or his predecessors, or whatsoever person or persons, to the foresaid provost, bailies, councillors and community of the said burgh and their predecessors, of whatsoever lands, houses, buildings, High and Cross Kirk of the said burgh, kirk yards, prebendaries, chapels, chaplainries, feu ferm, obits and anniversaries wherever they be within or without the said burgh, particularly and generally contained in the said gifts, donations, mortifications, dispositions or any of them, after the forms and tenors of the same, with all acts, sentences, decreets made and granted of them or any of them, as in the foresaid charter of confirmation granted under his majesty's great seal, containing the foresaid clause of novodamus bearing that his majesty of new, for himself and his successors, gave, granted and conveyed to the said provost, bailies, council and community of the said burgh of Peebles and their successors forever all and whole the foresaid burgh of Peebles, with all and sundry liberties, sasines, privileges and possessions used and had by them and their predecessors, with all and sundry infeftments, sasines, possessions and privileges given and granted to the foresaid burgh upon the said infeftments and liberties at any time bygone; with power to the said fellow burgesses and community and inhabitants to hold and keep courts, with creation of fellow burgesses and replegiation of their fellow burgesses and inhabitants of the said burgh, with the burgh mail and small customs of the same, escheats and amercements of the said courts, creation of officers and punishing of transgressors within the said burgh, as the rest of his majesty's royal burghs within the said kingdom have; with power also to the said provost, bailies, councillors and community of the said burgh and their successors to engage in, use and exercise merchandise, trade and traffick of merchandise, to buy, transact, sell and sell over again all sort of merchandise, as well imported merchandise as of that within the kingdom, not only within the liberty and territory and jurisdiction of the said burgh, but also within all other parts within the whole bounds of the sheriffdom of Peebles, as well regality as royalty; with power also to the said provost, bailies, council and community of the said burgh of Peebles and their successors, factors and servants in their names to intromit with, lift and receive all small customs and other duties within the foresaid bounds and within the same burgh and territory thereof, and to hold, enjoy and possess forever the guild of merchants with guilds, courts, council, members and jurisdiction pertaining to the same liberties and privileges thereof, in the same manner and as freely as by his majesty or his predecessors are granted to any of his free burghs royal within the kingdom of Scotland, and also to hold, possess, enjoy and exercise weekly within the said burgh market days, according to the use and custom of the said burgh, together also with three free fairs thrice in the year, the first of the same to begin yearly upon 3 May, Beltane Day, and to hold and continue the same for the space of 48 hours thereafter; and the second of the said fairs to begin upon 29 June, called St Peter's Day, and to continue for the space of 48 hours thereafter; and the third of the said fairs to begin upon 24 August, called St Bartholomew's Day, and to hold and continue by the space of eight days thereafter, according to the use, custom and wont, together with the sheriffship and sheriff's gloves³, tolls, customs, impositions, exactions and all other fees, duties, privileges and liberties which are known to pertain to the said fairs and markets during the time of the same, in the same manner and as freely in all respects as any other free burgh within this kingdom holds and possesses their fairs and markets, or which they or their predecessors held or possessed the same of before, commanding and charging that no person or persons either of regality or royalty who are not burgesses of the said burgh presume to usurp, exercise and occupy within the sheriffdom of the said burgh of Peebles or bounds of the same sheriffdom, markets or use of merchandise, as well foreign as homeward, pertaining to a free burgh or any part or privilege touching a free burgh under the pain of imprisonment of their persons and confiscation of their merchandise. Further, his majesty gave and granted full power, commission and authority to the said provost, bailies and councillors of the said burgh and their successors to make and publish acts, statutes and ordinances for the common good and profit of the said burgh, and for maintenance of the liberties and privileges of the same, to be observed by all the inhabitants and burgesses of the same and all other persons their abiding and frequenting, under such pains as shall seem expedient to them, with special power to them to put to final execution within the said burgh the said acts and ordinances, with all acts of parliament of general or secret councils, constitutions of burghs and all other decreets, sentences given and pronounced in favour of the said liberties, and for the better execution of the same, to sit, judge and determine in the same, with special power to them to call, pursue, arrest and incarcerate all violators of their said privileges, acts, constitutions, decreets and sentences foresaid, and to fine and amerce them [as shall seem expedient to them]⁴, which pains and fines his majesty gave and conveyed to the said common use of the said burgh, and to the supply of the common necessaries of the same. And further, by the said charter of new gave, granted and conveyed to the said provost, bailies, councillors and community of the said burgh of Peebles and their successors, all and whole the lands of Cademuir, Hamill, Downe, Venlaw and Struther, Castlehill of Peebles, with the corn mill, called the Rudemylne, and waulk mill built upon the side of the said hill, and with the corn mill, called the Old Mill, upon the water of Peebles upon the north side of the same, with mill lands, mill dams, multures, sequels and their pertinents, with the whole houses and tenants built upon the said castlehill and pertinents of the same, the said corn mill of Innerleithen, with the whole multures which of old pertained to the said mill of Traquair upon the north side of the said water of Tweed, from the village of Horsburgh to Gatehope-burn, with mill lands, mill dams, astricted multures, sequels and pertinents of the same, and the lands near the said mill, called Hillhouse, with the lands called Thomas Hauche and pertinents of the same, together with the waulk mill of Innerleithen and pertinents thereof, together with the whole waters and fishings, as well of salmon as of other fishes, upon the waters of Tweed and Peebles, and other fishings pertaining to the said burgh, and which they and their predecessors have possessed at any time bygone, together with the customs at the bridge of Tweed used and wont. And also gave, granted and conveyed to the said burgh in community only, according to the infeftments above-specified, all and whole the lands of Glentress, comprehending the particular lands underwritten, namely: Charlado, Dowbanke, Brunemure, Collilaw, Cramsickes, Pilmuir, Cruikeshope, Cruikeslaw, Wheitfeild, Rigamountes, Dounerige, Annettishope, Duncleuche, Birnibanke, Hilleincleuche, Kingiskippis, Carleenecraige, Langhopheid, Sommercleuch, Craigendis, Glenferriate, Sommersyd, Commounehill, Whytsyke, Glenrud, Hairfauldrige, Catillgarret, Lamblaw, Brounehillis, Gard, Tuafaldrige, Eister Cattell, Garret Wester, Gramesykes and Gairesman, together with all other parts and pendicles of the lands of Glentress as the same goes from the bounds of Hamil down to the Burnfoot, and from that to Gatehope, and down Gatehope-burn to Tweed. And also his majesty, by the said charter, gave, granted and conveyed to the said provost, bailies and council of the said burgh of Peebles and their successors all and sundry the said lands called the King's Muir, lying near the said burgh of Peebles, which pertained to the late Cuthbert Elphinstone of Henderston and John Elphinstone, his son. And further, his majesty, by the said charter, gave, granted and conveyed to the said provost, bailies, councillors and community of the said burgh of Peebles and their successors the privilege and liberty to protect and conserve the whole ways, calsays and passages going to and from the said burgh to whatsoever other parts within this kingdom of Scotland, and to keep the said ways and passages in their breadth and integrity that the same be not destroyed or diminished by any person or persons, that thereby his majesty may have easier passage thereto. And also by the same charter, his majesty gave, granted and conveyed to the said provost, bailies, councillors and community of the said burgh of Peebles and their successors all and whole the common lands of the said burgh, with power and liberty to pull heather, dig and extract peats, turf, fuel, fail and divot in the common muir and mosses of the said burgh within all the four halves compassing the said burgh far and near, and which the said provost, bailies, councillors and community of the said burgh and their predecessors now possess or possessed at any time bygone. And further his majesty, considering that there were diverse prebendaries, chaplainries and altarages, hospitals and others of the same nature founded within the said burgh of Peebles, and having in his mind to convey the same to the said burgh to this effect: that the profits thereof may be employed to the common works of the said burgh, therefore his majesty gave, granted and conveyed to the said provost, bailies, councillors and community of the said burgh of Peebles all and sundry lands, mills, multures, annualrents, tenements, feu ferms, mails, kanes, customs, teinds, teinds sheaves, casualties, profits and duties whatsoever, of all and sundry the prebendaries underwritten, founded within the said burgh and pertaining and belonging to the same, namely: the prebendary of St Marie, the prebendary of Holy Cross, the prebendary of St Michael the archangel, the prebendary called St Mary major, the prebendary called St John the Baptist, the prebendary called St Marie Dallgeddes there, the prebendary called St Andrew, the prebendary called St James, the prebendary called St Laurence and prebendary called St Christopher, with the chaplainry called St Marie; and also gave, granted and conveyed to the said provost, bailies, council and community of the said burgh of Peebles and their successors all and sundry other lands, tenements, houses, buildings, kirks, with the High and Cross Kirks of the same and kirk yards thereof, chapels, yards, orchards, crofts, annualrents, teinds, fruits, rents, duties, emoluments, alms silver, obit silver⁵ and anniversaries, which pertained to whatsoever chaplainries, altarages or prebendaries founded by whatsoever patron in whatsoever kirk, chapel, college or hospital within the liberties of the foresaid burgh, which the said chaplains or prebendaries possessed wherever they lie within the liberty of the said burgh or owing by the said lands and tenements lying within the same, pertaining to whatsoever kirk, chaplainry, prebendary or benefice lying and founded without the said burgh, within any other part of the said kingdom of Scotland and diverse other clauses therein, and specially of one clause of union and incorporation of the whole lands and others above-written with the said burgh in a free burgh royal, tenement and tenancy forever, declaring that sasine taken at the market cross of Peebles shall be sufficient for the whole, of the date 19 November 1621, at more length is contained, together with the precept and instrument of sasine following thereupon in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the form and tenor 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 this present ratification is and shall be as valid and sufficient and of as great strength and effect to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh of Peebles and their successors for possessing of the said burgh, whole customs, liberties and privileges thereof, the lands, tenements, mills, multures, muirs, mosses, pulling of heather, digging and extracting of peats, turf, fuel, fail and divot in the four quarters about the said burgh, fishings, annualrents, fruits, rents, emoluments and duties whatsoever, and of the said chaplainries, kirks and kirk yards, and the said liberties, and of pasturage and of gates, for carrying of the said fuel to the said burgh fairs and markets and others whatsoever specially and generally above-written, contained in the said charter of confirmation above-mentioned and precept and instrument of sasine following thereupon, as if the same whole charter, precept and instrument of sasine were at length specially engrossed and inserted word for word in this present ratification, notwithstanding that the same be not so done; concerning which, and with all other defects and imperfections and objections whatsoever which may be proposed or alleged against the said charter, precept and instrument of sasine and validity of the same, or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever.