[1633/6/106]¹

Act in favour of the burgh of Selkirk

Oure soverane lord and estaits of this present parliament ordaines ane ratificatioun to be maid thairin to, and in favours of, his hienes lovitts the baillies, counsall and commwnitie of the burgh of Selkirk and thair successors, ratifiand, approveand and for his hienes and his successors perpetuallie confirmand, lykas be the tennor heirof oure said soverane lord and estates of parliament be thir presents ratifies, approves and, for his hienes and his successors, perpetuallie confirmes the particular and severall chartors wnderwrittine, viz: ane thairof maid, givin and grantit be umquhile King James the Fyft of worthie memorie to the burgeses and commwnitie of the said burgh of Selkirk, wnder the great seale, of the dait at Sanct Androis, the fourt day of Marche, the yeir of God j^M v^C threttie fyve yeirs, quhairby the said umquhile King James the Fyft, for the reassonable causes thairin contenit, of new infeft, gave, grantit and for ever confirmit to the saidis burgeses and comwnitie of the said burgh of Selkirk the samyne burgh of Selkirk in ane frie burgh as the samyne was of befor in maner mentionat in the said chartor in all tyme coming, with all and sundrie comoun lands and possessioun quhatsumever perteining to the said burgh with ample liberties and priveledges contenit thairin, to be usit and possest be the saidis burgeses and commwnitie of the said burgh als frilie and in the samyne maner as any uther burgh within the kingdome of Scotland exerceis and posseses the liberties thairof, to be haldin of the said umquhile King James the Fyft and his successors in frie heretage and frie burgage for payment of the borrow maills and dewties usit and wont to be payit furth thairof of befor; ane uther of the saidis chartors, lykwayes maid, givin and grantit be the said umquhile King James the Fyft of worthie memorie to the saidis burgeses and comwnitie of the said burgh of Selkirk, wnder the great seale, of the dait at Edinburgh, the aucht day of Apryll, the yeir of God j^M v^C threttie aucht yeirs, ratifieing and approving thairin the said former chartor speciallie abonementionat, and als thairby the said umquhile King James the Fyft hes of new infeft, givin and disponit to the saidis burgeses and commwnitie of the said burgh of Selkirk the samyne burgh of Selkirk in ane frie burgh as of befor for ever, with all and sundrie comoun lands, priveledges and possessiones quhatsumever belonging thairto, and at lenth specifiet in the said former chartor abonewrittine; and ane uther chartor also maid, givin and grantit be the said umquhile King James the Fyft of worthie memorie to the saidis baillies and commwnitie of the said burgh of Selkirk and thair successors, wnder his hienes great seale, of the dait at Sanct Androis, the second day of October, j^M v^C and fourtie yeirs, quhairby the said umquhile King James the Fyft gave, grantit and committed to the saidis baillies and comwnitie of the said burgh present and to come and thair successors certane liberties, licences and priveledges mentionat in the said chartor, as the saidis thrie severall chartors of the daits respective forsaidis in thameselffes mair amplie proports, with all and sundrie precepts of sasing and instrument of sasing following upon the saidis chartors or any of thame of quhatsumever dait, tennor or contents the samyne be of, and all and quhatsumever uther chartors, infeftments, precepts, sasings, confirmationes, actes, sentences, decreitts, exchecker rolles, richts, titles and secuirities, letters, wreatts, evidents, donationes, giftes, liberties, commodities, immwnities and priveledges thairin contenit maid, grantit or confirmit be his hienes umquhile darrest father of worthie memorie or any uthers his majesties most noble progenitors, kinges or queines of Scotland, thair regents or governors for the tyme, to the said burgh of Selkirk, baillies, burgeses and inhabitants of the samyne, thair predicessors or successors, of, upon and concerning the said burgh of Selkirk, lands, rents, possessiones, mylnes, multors, comounties, mercatts, fairs, customes, office of shirefschip, priveledges and liberties quhatsumever perteining and belonging thairto, or of any of thame or any pairt thairof of quhatsumever forme or formes, content or contents, dait or daits the samyne be of, in all and sundrie the heads, pointes, pases, clauses, articles, circumstances and conditiones thairin contenit, and eftir the formes and tennors thairof in all pointes. And our said soverane lord and estates of parliament wills and grants and, for his hienes and his successors, decernes and ordaines that the generalitie of the said ratificatioun is, nor sall be, nowayes hurtfull nor prejudiciall to the specialitie thairof abonespecifiet, nor be the contrair the said specialitie nowayes to be prejudiciall to the generalitie forsaid; as also wills, grants, decernes and ordaines that this present ratificatioun is and sall be of als great force, strenth and effect to the saidis baillies, counsall, burgeses, and commwnitie of the said burgh of Selkirk and thair successors for bruiking and joysing of the said burgh of Selkirk and all and sundrie the lands, possessiones, mylnes, multors, mercatts, fairs, tolles, customes and all uther liberties, priveledges, immwnities and uthers belonging thairto, as if the saidis haill infeftments and uthers richts speciallie and generallie abone writtine maid to thame and thair predicessors thairupon wer at lenth de verbo in verbum speciallie and particularlie heirin insert and contenit, notwithstanding that the samyne be not sua done; quhairanent oure said soverane lord and estates of parliament hes dispensit and, be thir presents, for his hienes and his successors, dispenses for ever, and that the said ratificatioun be farder extendit in dew forme with all clauses necessar with speciall provisioun alwayes. Lykas it is heirby speciallie provydit that this present ratificatioun nor na head nor conditione heirof sall nawayes be hurtfull nor prejudiciall to the Earle of Roxburgh and his tennents, nor to the heretors and possessors of any pairt of the lands belonging to the sumtyme abbacie of Kelso, as also Andro Riddell of Hayning anent thair richt and possessioun of any pairt of the commoun callit the comoun of Selkirk, bot that the saidis richts and possessioun sall be speciallie reservit as accords of the law. And lykwayes that the samyne sall nowayes be hurtfull or prejudiciall to Williame, marques of Dowglas, nor to Sir [...] Murray of Phillophauch, knicht, thair tennents, heretors and possessors of any pairt of the lands callit the comoun of Selkirk, bot that the saidis richts and possessioun sall be reservit to thame as of befor notwithstanding of the said ratificatioun.