[1633/6/101]¹

Act in favour of the burgh of Culrois

Oure soverane lord and estates of this present parliament, considering that his hienes umquhile darrest father, King James the Saxt, of worthie and eternall memorie, upon divers guid causes and considerationes moving him, with advyse of the lords of his secreit counsall, did creatt and erect the burgh of Culrois, being ane frie burgh of baronie of befor, in ane frie burgh royall and doattit the same with divers and sindrie priveledges, liberties and friedomes mentionat in the chartor and infeftment of the said burgh wnder the great seale of the dait the fyft day of Junii, the yeir of God j^M v^C fourscoir tuelf yeirs, and thaireftir that same day in the parliament than haldin at Edinburgh, his hienes said umquhile darrest father and estates of that parliament, in consideratioun thairof and sieing the said erectioun and creatioun of the said burgh as said is in ane frie burgh royall was done upon guid considerations tending to the incres of policie and augmentationes of his hienes patrimonie, ratifiet and approvit the said infeftment and haill priveledges, conditiones, clauses and provisiones thairof, decerning and declaring the samyne infeftment to be als valide and sufficient as if the said burgh, lands and uthers specifiet thairin had beine speciallie dissolvit in the act of the annexatioun of the kirklands to the crowne, and farder dissolvit the said burgh, lands, aikers, tenements and all uther priveledges, liberties and pertinents thairof and uthers thairinspecifiet to the effect the samyne, if neid be, micht of new have beine erectit in ane frie burgh royall be his majestie and ane infeftment grantit thairupon eftir the forme and tennor of the infeftment abonespecifiet, provyding alwayes that the said ratificatioun war not hurtfull or prejudiciall to Robert Bruce of Blairhall and Walter Callendar of Boildy, as in the saidis infeftment and ratificatioun thairof respective at mair lenth is contenit. Thairfor, and for the weill of the said burgh, priveledges, liberties and friedomes thairof quhatsumever thairto apperteining, oure said soverane lord and estates of this present parliament ratifies and approves the said infeftment of erectioun of the said burgh of Culrois, quhilk sumtyme was ane burgh of baronie, in the said frie burgh royall and all and sundrie priveledges, liberties and friedomes thairin grantit for the weill of the said burgh and tending to the incres of policie and augmentatioun of his hienes patrimonie and the said ratificatioun thairof abonementionat, decernitour, declaratioun and dissolutioun abonewrittine thairincontenit, and new erectioun of the said burgh in ane frie burgh royall gif any be grantit or to be grantit thairupon, and infeftment following or to follow upon the samyne eftir the forme and tennor of the infeftment abonespecifiet and upon the provisioun abonewrittine in all and sundrie the heads, pointes, clauses, articles and couditiones thairof, and eftir the formes and tennors of the samyne in all pointes. And inlykmaner oure said soverane lord and estates forsaidis of this present parliament ratifies and approves the dimissioun, resignatioun and overgiving maid, givin and grantit be umquhile Alexander, commendator of the abbay of Culrois and convent of the samyne, of the dait the second day of [...], the yeir of God j^M v^C four scoir and aucht yeirs, quhairby the said commendator and convent, upon the guide considerationes thairin contenit, be thameselffs or thair procurators thairin contenit, in thair name, demittit, resignit and overgave the haill finall teinds apperteining of befor to the viccarage of the abbacie and benefice of Culrois, sick as teind lambes, teind woll, teind lint, teind leiks and uthers small teinds and dewties usit to be payit of befor, and that in favours of umquhile Maister Williame Home, than schoolemaister of the grammer schoole within the said abbay of Culrois, and his successors that sould happin to occupy the said office for the tyme, and the gift, donatione and dispositione thairin contenit grantit thairupon be his said umquhile darrest father of worthie and eternall memorie in favours of the said umquhile Maister Williame Home and his successors maisters of the said grammer schoole, makand continewall residence within the forsaid abbay or burgh of Culrois in tyme coming, of the saidis viccarage teinds, daitit the first day of Apryll, the yeir of God j^M v^C fourscoire nyne yeirs, wnder the privie seale, and the uther gift, donatione and dispositione thairin contenit maid, givin and grantit be his hienes said umquhile darrest father of worthie memorie, wnder the privie seale, of the dait the second day of Februar, j^M vj^C thrie yeirs, quhairby his said umquhile hienes, upon the guide considerationes thairin contenit, gave, grantit and disponit to Maister Johne Fairfoull, than maister of the said grammer schoole within the said abbay during his lyftyme, and to his successors maisters of the said grammer schoole, all and sundrie the saidis viccarage teinds of the said paroche kirk of Culrois perteining to the said abbay thairof, with all and sundrie teinds, emoluments, rents and dewties quhatsumever perteining and belonging thairto, sick as teind lambe, teind wooll, teind lint, teind leikes and uthers teinds and dewties quhatsumever usit to be payit thairof of befor, than vacand in his said umquhile hienes hands be deceis of umquhile Maister David Ewing, than last skoolemaister thairof, or be quhatsumever uther maner of way the samyne waikit or fell in his said umquhile hienes hands, in all and sundrie the heads, pointes, clauses, articles, provisiones, conditiones and circumstances thairin contenit, and eftir the formes and tennors thairof in all pointes but contradictione. And siclyk, oure said soverane lord and estates forsaidis of this present parliament, considering the great hurt and prejudice heirtofoir sustenit be his majesties lieges quha poindes and appryses any guids or geir within the parochine and lordschipe of Culrois through thair being forcit conforme to the lawes of this realme to carie and transport the samyne to the mercatt croce of Perth, head burgh of the shirefdome within the quhilk the said lordschipe and parochine lyes, and sua [...] myles distant betuix the said burgh of Perth and thame, be the quhilks poindings and apprysings of the guides and geir within the said parochyne and lordschipe at the said mercatt croce of Perth, his majesties lieges, users thairof, sua far distant ar putt to exorbitant and extraordinar charges and expenses and the guides thairto careit and transportit to be poindit ar wraikit and maid of na or litle availl, quhairthrow not onlie the persones users of the saidis poindings ar heavilie hurt throw thair travell and extraordinar charges, bot also the persones fra quhome the saidis guids ar poindit ar heavilie damnifiet in careing and transporting of the saidis guids sua far, wraiking and abusing thame in thair travell and sua thairupon apprysing the samyne within the availl. And thairfor, oure said soverane lord and estates forsaidis, for the weill of his majesties saidis lieges, considering the burgh of Culrois to be ane burgh royall and verie ewest and commodious for poinding of any guids or geir quhilk sall happine to be poindit within the said parochine and lordschip of Culrois at the mercatt croce of the said burgh of Culrois in tyme coming, ordaines that quhatsumever guids or geir sall happine to be poindit within the said parochine and lordschip of Culrois and bounds thairof in tyme coming, that the samyne sall be careit and transportit to the mercatt croce of Culrois and poyndit and apprysit thairat, conforme to the order and lawes of this realme, and nawayes heireftir at the said mercat croce of Perth. Declaring, lykas be thir presents oure said soverane lord and estates forsaidis declairs, that the poinding of any guides or geir within the said parochine and lordschip of Culrois at the said mercatt croce of the said burgh of Culrois sall be als valide, effectuall and sufficient as if the samyne wer maid and done at the said mercatt croce of Perth, head burgh of the shirefdome quhairine the said parochine and lordschip lyes, notwithstanding the samyne be not sua done; quhairanent oure said soverane lord and estates forsaidis hes dispensit and be thir presents dispenses for ever, and that publicatioun be raisit heirupon and publischit and usit at the said mercatt croce of Perth and uthers places neidfull that his majesties lieges pretend na ignorance heirof in tyme coming. Attoure oure said soverane lord and estates forsaidis of this present parliament, considering that the abbay kirk of Culrois hes beine the kirk quhairine the cure hes beine servit be preatching of the word of God, celebrating the holy commwnioun and exercising and using of uther ecclesiasticall discipline sen the reformatione, and that the kirk, callit the paroche kirk of Culrois, is ane old kirk quhairine service is not, nor hes not, beine usit since memorie of man and is altogider rwinous, decayit and falline downe in divers pairts, sua that the said abbay kirk of Culrois is the most apt and fitt kirk for serving of the cure thairat in tyme coming, and be reputt and haldine the ordinar paroche kirk for that effect in all tyme heireftir, thairfor oure said soverane lord and estates forsaidis in this present parliament hes erectit and be thir presents erects the said kirk callit the abbay kirk in ane frie paroche kirk to the said burgh of Culrois, parochiners and inhabitants within the said parochine thairof, to be callit in all tyme coming the paroche kirk of Culrois, sua that the inhabitants within the bounds thairof sall nawayes be astricted heireftir to the said auld kirk, callit the paroche kirk of Culrois, nor discipline thairof, and uphald the samyne to that effect, bot sall onlie be subject to the discipline to be usit at the said abbay kirk of Culrois, now to be callit the paroche kirk thairof in all tyme coming, and wills and grants and for his hienes and his successors decernes and ordaines that the said abbay kirk, now to be callit the said paroche kirk of Culrois, sall have, bruik and joyse the lyke priveledge, immwnitie and libertie as the said auld kirk, callit the paroche kirk, had at the foundatione thairof or grantit thairto in any tyme bygaine, with the stipend dew to the said auld paroche kirk to be payit to the minister present and to come serving the cure at the said new erectit kirk and uthers friedomes, liberties, easments and priveledges quhatsumever, sick as manse and gleib apperteining to the said auld kirk, in tyme coming for now and ever, but contradictione or impediment.