The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1641/8/418]1
Act in favour of the burgh of Selkirk regarding a fair to be held therein yearly on 4 July
Our sovereign lord and estates of parliament, understanding that the burgh of Selkirk is the special and only burgh royal within the bounds of his majesty's lordship of Ettrick Forest and sheriffdom of Selkirk, and that there are great quantities of cattle, sheep and of wool, and of other bestial and goods to be sold in their markets and fairs, and that one of their days appointed for holding of one of their fairs being in the midst of winter upon 8 December, near Yule and the shortest day, 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 waters of Tweed, Ettrick, Yarrow and others 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 to come and go thereto without great hazard of the destruction of the same goods and bestial and the owners and buyers, their lives, so that the inhabitants not only of the said burgh, but also of the whole sheriffdom and bounds thereabouts and others having business in the fairs thereof, greatly desire and have earnestly supplicated his majesty and his highness's commissioner and estates of parliament that there be a fair and market held and kept in the said burgh of Selkirk upon 4 July, called St Martin of Bullion's day, being in the midst of summer when the bestial, cattle, sheep, wool and other merchandise of that kind, which are most plentiful and abound in these parts, are at the best and may most commodiously be transported to and from the said burgh and when the people may most safely and conveniently repair thereto to sell and buy and without danger of the said many great waters lying thereabouts, which his majesty and whole estates of parliament have thought most reasonable and fit, therefore his majesty and estates of parliament have given and granted and by this act grant to the bailies, council, burgesses, inhabitants and community of the said burgh of Selkirk and to their successors a new market and fair to be held and kept by them in the said burgh of Selkirk upon the said 4 July, called St Martin of Bullion'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, held, enjoyed and used by the said bailies, council and community of the said burgh and their successors, in the same way and as freely as they possess any other market or fair within the said burgh, and 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 said sovereign lord and estates of parliament ordain an infeftment or gift, if need be, to be passed upon the said fair and 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 Selkirk and their successors either per se or be contained in any infeftment, gift or signature to be passed in their favour, and in the meantime, ordain 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 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 said infeftment, gift or signature be 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 act and declare and ordain that this present market and 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 their 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.
- NAS, PA2/22, f.330r-330v.