[1633/6/102]¹

Act in favour of the burgh of Hadingtoun

Oure soverane lord and thrie estates of this present parliament ordaines ane ratificatioun to be maid thairin to, and in favours of, his hienes lovitts the proveist, baillies, counsall and commwnitie of the burgh of Hadingtoun and thair successors, ratifiand, approveand and, for his hienes and his successors, perpetuallie confirmand, lykas be the tenor heirof oure said soverane lord and estates of parliament ratifies, approves and, for his hienes and his successors, perpetuallie confirmes, the infeftment and chartor maid and grantit be his majesties umquhile darrest father James, be the grace of God, king of Great Brittaine, France and Ireland, defendar of the faith, of eternall memorie, with advyse and consent of his hienes principall thesaurar, deputtie thesaurar, and remanent lords of secreit counsall, his hienes commissioners appointit for governing of his hienes rents and casualities of this realme for the tyme, to, and in favours of, the saidis proveist, baillies, counsall and commwnitie of the said burgh of Hadingtoun and thair successors, quhairby oure said umquhile lait soverane lord, his hienes darrest father of worthie memorie, with advyse and consent forsaid, for the causes thairin contenit, hes not onlie ratifiet, approvine and, for his hienes and his successors, perpetuallie confirmit all and sundrie all infeftments, erectiones, mortificationes, chartors, donationes, titles, licences and priveledges quhatsumever maid and grantit be his majesties said umquhile darrest father and his most noble progenitors to the said burgh of Hadingtoun, burgeses and inhabitants thairof and thair predicessors and successors, with all lands alsweill propertie as comountie, kirklands, annuelrents belonging to thame, priveledges and immwnities contenit thairin and haill contents thairin contenit, and all priveledges, immwnities, faires, merkatts and uthers liberties quhilks they than, or of auld, had and quhairof they wer in possessione of quhatsumever dait or daits, tennor or contents the samyne be of quhilks ar haldin as for exprest in the said chartor. Bot also oure hienes said umquhile darrest father of worthie memorie, with advyse and consent forsaid, hes of new maid, constituit, creatt, erectit and incorporat all and haill the said burgh of Hadingtoun, with all and sundrie lands, houses, biggings, yeards, aikers, waists and uthers lyand within the borrow ruids and territorie of the said burgh, with all and sundrie uthers lands, mwires, loches, medowes, aikers and uthers perteining to the said burgh, alsweill in propertie as comountie, in ane haill and frie burgh royall to be callit in all tyme coming, as of befor, the burgh of Hadingtoun. And quhairby his hienes said umquhile darrest father of worthie memorie, with consent forsaid, hes givine, grantit, and for his hienes and his successors perpetuallie confirmit to the saidis proveist, baillies, counsall and commwnitie of the said burgh and thair successors present and being for the tyme heretablie all and haill the Mwire of Glaidismwire, with the pertinents and commoun gait leiding thairto, lyand neir the libertie and territorie of the said burgh, within the shirefdome of Edinburgh and constabularie of Hadingtoun (excepting and reserving alwayes to and in favours of Thomas, than earle of Melros, now earle of Hadingtoun, lord Byres and Binning, than president of the colledge of justice and secretar to his hienes said umquhile darrest father, his airs male and successors, thes pairts of the said Mwire of Glaidismwire speciallie mentionat in the said chartor perteining to him heretablie, and thairby exceptit and reservit to him and his forsaidis in maner thairin contenit). As also gave, grantit and disponit to the saidis proveist, baillies, burgeses, counsall and comwnitie of the said burgh and thair successors present and being for the tyme, all and haill thes aikers of land callit Ranfeglenis Aikers, and twa aikers of land callit Hangmanes Aikers, and all and haill the tua corne mylnes of the burgh of Hadingtoun, with the multors and sequells thairof, mylehauches and mylnelands of the samyne, and all and haill the port of Aberladie lyand in the bossome of Pepher Water and commoun gait leiding to the said port, togider with the hous of the said burgh cituat be the said port and schoire thairof, commounlie callit the towne of Hadingtounes hous, with the anchorage moneyes and uthers priveledges, customes, proffeitts and dewties of ane frie port, with the mercatt weiklie upon Satterday and tua publick frie yeirlie fairs, the ane thairof to be haldin yeirlie in the feast of Sanct Piter nixt and immediatlie following the feast of Sanct Johne the Bapteist, callit Midsommer, and thaireftir continewing be the space of aucht dayes, and the uther of the saidis thrie fairs to be haldin yeirlie within the said burgh and all uther places thair about usit and wont, beginnand yeirlie the tuentie nynt day of September and thaireftir to continew and indure for the space of uther aucht dayes, to be callit Michaelmis Fair in all tyme coming, with all tolles, customes and uthers priveledges, liberties and immwnities of auld belonging to the said burgh of Hadingtoun, togider with all and sundrie lands, anuelrents and possessioun quhatsumever perteining to the said burgh of befor, and with the office of shirefschip within the said burgh, libertie and territorie thairof, quhilk burgh of Hadingtoun and the saidis tenements, aikers, anuelrents, frie port, anchorage, tounehous, office of shirefschip and uthers abonewrittine pertenit of befor to the said burgh of Hadingtoun, and quhilk Mwire of Glaidismwire pertenit of befor to the said burgh of Hadingtoun, and to the said Thomas, now earle of Hadingtoun, and wer lawfullie resignit be thame and thair procuratoris in thair names in the hands of his hienes said umquhile darrest father and his commissioners in his majesties name, in favours and for the said infeftment thairof to be maid and givin be his hienes said umquhile darrest father to the saidis proveist, baillies, burgeses, counsall and commwnitie of the said burgh of Hadingtoun and thair successors, in maner thairin contenit. And quhairby his hienes said umquhile darrest father of worthie memorie, for the causes thairin contenit, of new gave, grantit and disponit to the saidis proveist, baillies, counsall and commwnitie of the said burgh of Hadingtoun, and thair successors present and to come, all and haill the said burgh of Hadingtoun, and all and haill the said Mwire of Gladismwre, with the pertinents lyand as said is (excepting and reserving to the said Thomas, earle of Hadingtoun and his forsaidis the pairts and portiones of the said mwire thairin exceptit and reservit as said is), and siclyk all and haill the saidis aikers callit Ranfeglenis Aikers, the saidis tua aikers callit Hangmanes Aikers, and all and haill the saidis tua corne mylnes of the said towne of Hadingtoun, with the multors and sequells thairof, mylnehauches and mylnelands of the samyne, and of all and haill the said port of Abirladie in the said bossome of the said water of Pepher and commoun way leiding thairto, togider with the said burgh hous, callit the towne hous, situat besyde the said port and schoire of the towne of Aberladie, commounlie callit the hous of the burgh of Hadingtoun, with the anchorage moneyis and uthers priveledges, customes, proffeitts and dewties of ane frie port, togider also with all and sundrie uthers priveledges, annuelrents and possessioun quhatsumever perteining and belanging to the said burgh in any tyme bygaine, and making, constituting and ordaining the saidis proveist and baillies of the said burgh of Hadingtoun and thair successors shireffs of Hadingtoun within the burgh, libertie and territorie thairof, with ample powers and priveledges to the saidis proveist, baillies, counsall and commwnitie of the said burgh and thair successors anent the said burgh and uthers abonewrittine in maner contenit in the said chartor, to be haldine of his hienes said umquhile darrest father and his successors in frie burgage, fie and heretage for ever, as the said chartor wnder the great seale of the dait the threttie day of Januar, the yeir of God j^M vj^C tuentie and four yeirs at mair lenth proports, with the precept of sasing following thairupon, wnder the testimonie of the said great seale of the samyne dait, and instrument of sasing following thairupon of the dait the [...] day of [...], the yeir of God j^M vj^C tuentie [...] yeirs, in all and sundrie the heads, pointes, pases, clauses, articles, circumstances and conditiones thairin contenit, and eftir the forme and tennor thairof in all pointes. And oure said soverane lord and estates of parliament wills and grants and, for his hienes and his successors, decernes and ordaines that this present generall ratificatioun of the said infeftment, chartor, precept and sasing abonewrittine is, and sall be, of als guide force, strenth and effect to the saidis proveist, baillies, counsall and commwnitie of the said burgh of Hadingtoun and thair successors for bruiking and joysing of the said burgh lands, mwire, aikers, mylnes, mylnelands, mylnehauches, office of shirefschip, port, harberie, anchorage, money, townehous, gaits, passages and all uthers priveledges, liberties, immwnities, customes, commodities, casualities and uthers forsaidis perteining and belonging to the said burgh, with all uthers lands and annuelrents perteining and belonging to the said burgh and haill priveledges and liberties thairof speciallie and generallie contenit in the said infeftment, and uthers quhatsumever perteining and belonging to ane frie burgh royall, as if the said chartor, precept and sasing wer all at lenth de verbo in verbum ingrossit, insert and contenit in the said ratificatioun; quhairanent, and with all uther defects and imperfectiones quhilks may be proponit againes the said chartor, precept and sasing or any of thame or this present ratificatioun thairof and validities of the samyne, oure said soverane lord and estates of parliament hes dispensit and be thir presents dispenses for ever. And becaus be the said infeftment thair is onlie power and priveledge givin and grantit to the proveist, baillies, counsall and comwnitie of the said burgh of Hadingtoun and thair successors to have and to had thairin ane mercatt day ouklie upon Satterday, quhilk ouklie mercatt is not able to furnische the said burgh and his hienes lieges resorting thairto in fresche meitts and uther necessar commodities fra the ane mercatt day to the uther, being aucht dayes betuixt, speciallie in the sommer seassoun, the said burgh of Hadingtoun, being ane burgh that lyes in the hie way betuixt Lundon and Edinburgh, quhairinto haith cuntrie men and straingers going and coming continuallie now repairs, thairfor, and for the better furnisching of the said burgh and inhabilitating of thame to serve his majestie and lieges duelling thairin and resorting thairto at all tymes, oure said soverane lord and estates of parliament gives and grants power and libertie to the saidis proveist, baillies, counsall, burgeses, inhabitants and comwnitie of the said burgh of Hadingtoun and thair successors to have and to had ane uther mercatt ouklie in the said burgh one Weddinsday in all tyme coming, by and attour the said mercatt quhilk they have ouklie one Satterday, and that siclyk als frilie and in the samyne maner as the said mercatt is haldin ouklie within the said burgh one Satterday, and to receave and uptak the tolls, customes and uther dewties and commodities of the said Weddinsday mercatt and to use all the priveledges of the said Weddinsdayes mercatt siclyk and als frilie as they doe one the said Satterdayes mercatt; quhairanent thir presents sall be ane sufficient warrand to the saidis proveist, baillies, counsall, burgeses, inhabitants and commwnitie of the said burgh and thair successors and all uthers persones haunting and frequenting to the said burgh and mercatts thairof in all tyme coming, and ordaines publicatioun to be grantit heirupon to that effect in dew forme as effeirs.