[1641/8/413]¹

Ratification of an infeftment in favour of the town of Rosemarkie

Our sovereign lord and estates of parliament ratify and approve in favour of the provost, bailies, council and community of the burgh of Rosemarkie and their successors the charter made, given and granted by his majesty's late dearest father, James [VI], king of Great Britain, France and Ireland, defender of the faith, of worthy memory, with advice and consent of the lords, his highness's commissioners appointed for that effect, under the great seal of the said kingdom of Scotland, of the date at Edinburgh, 18 September 1612, by the which charter his majesty's said late dearest father, of worthy memory, with advice and consent foresaid, for the reasonable causes contained therein, has ratified, approved and confirmed all and sundry the infeftments, erections, privileges, liberties, immunities and prerogatives whatsoever specially and generally mentioned in the said charter, made, given and granted by his highness's most noble progenitors of worthy memory, the late Alexander, king of Scots, or the late King James II, king of Scots, or any others of his highness's predecessors, to the said burgh of Rosemarkie, to which the town of Fortrose, called the Chanonry of Ross, is united and annexed in manner mentioned in the said charter, of whatsoever date or dates the same be of, and to the inhabitants thereof in all and sundry the heads, points, articles and clauses thereof, which are held as for expressed in the said charter, and willing and granting and, for his highness and his successors, determining and ordaining the said burgh of Rosemarkie, having the said town of Fortrose united and annexed thereto in manner specified in the said charter, to be held and reputed a free burgh, and that the same shall possess and enjoy all and sundry immunities, privileges and prerogatives pertaining thereto, according to the form of the old erection and infeftment thereof, as the indwellers and inhabitants of the said burgh ever of before held and possessed and as freely as any other burgh whatsoever within this kingdom, and the new gift, donation and disposition contained in the said charter thereby made and granted by his majesty, with consent foresaid, to the said burgh of Rosemarkie and inhabitants thereof of all and sundry prerogatives, privileges and immunities which the said burgh ever had or might have, or which in any way pertained or might be known to pertain thereto, or to any other burgh within this kingdom, or whereof they or any other free burghs within this realm were in use to have and possess, and specially to have provosts, bailies, council and other officers whatsoever within the said burgh for governing thereof and administration of justice to all and sundry inhabitants thereof as need requires, and with the other liberties and privileges of a free burgh, specially and generally mentioned in the said charter, and the new annexation, union and incorporation of the said town of Fortrose to the said burgh of Rosemarkie so that the same shall be a burgh in all time coming called and to be called the burgh of Rosemarkie, and that the inhabitants of the said town of Fortrose shall be used and governed by the said provost, bailies and council of the said burgh of Rosemarkie as the burgesses and inhabitants of the said burgh of Rosemarkie, and all that belongs to the said burgh to be held of our sovereign lord in free burgage for service of burgh used and wont, and the sum of £3 money of this realm in name of feu ferm to be paid to his highness or his successors, their comptrollers, factors or chamberlains, as the said charter of the date foresaid at more length bears, with the precept of sasine and sasine following thereupon of whatsoever dates the same be of; and all and sundry the said former infeftments, gifts, erections, privileges, liberties, immunities and prerogatives whatsoever made, given and granted by his majesty or by any of his predecessors specially or generally above-mentioned to the said burgh of Rosemarkie, to which the said town of Fortrose is united and annexed as said is, regarding the said burgh liberties, privileges and immunities thereof, to the provost, bailies, council, burgesses, inhabitants and community of the said burgh of whatsoever dates, tenors or contents the same be of, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, 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 this present ratification of the said rights specially and generally above-written is and shall be as effectual and sufficient and of as great force, strength and effect to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh of Rosemarkie and their successors for the possessing of the said burgh of Rosemarkie, to which the said town of Fortrose is united and annexed in manner foresaid, in a free burgh royal, with all lands, rents, markets, fairs, liberties, privileges, immunities and prerogatives pertaining and belonging thereto granted to them and their predecessors by his majesty or any of his predecessors as if the said charter above-mentioned² were specially and particularly herein engrossed and inserted word for word, notwithstanding the same be not so done; concerning which, and with all other defects and imperfections and objections which may be proposed and alleged against the said charter and other rights above-written, or any of them and validities 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.