Ratificatione to the burghe of Kirkcudbrighte

Our soverane lord, with advyce of the estates of this present parliament, considering the good, true and thankfull service done to his majestie and his most noble progenitoures by the proveist, baillies, counsell and commontie of the burghe of Kirkcudbright and ther predicessoures in all tyme bygone, hes ratified and approvine and, be thir presentes, ratifies and approves the chartour and infeftment granted be his majestie to the saidis proveistes, baillies, counsell and commontie of the said burghe of Kirkecudbrighte and ther successoures, conteaneing therin not onlie ane ratificatione of ane chartor and infeftment granted be umquhill King James the Second of worthie memorie to the said burghe of Kirkecudebrighte, of the liberties and priviledges therof, with power to buy and sell lane, skyne, hydis and all other kynd of merchandyce, and to have within the samene all craftsmen belonging to ane free burghe, with croce, trone, mercate and ane mercat day weekly one the Sabbath day and publict faires yeerlie at the feist of Michallmes for evir, with certane landis, fishingis, mylnes, multores, sequelles, courtes, wnlawes, proffittes, dewties, liberties, priviledges and consuetudis belonging to the said burghe als freelie as the burgess of the samene burghe stood infefte be his majesties predicessoures thairintill and hes beene in use and possessione therof at any time bygane, quhilke infeftment is daited at Pearth, the tuentie sext day of October2 1466 yeires; togidder with ane chartour and infeftment of few ferme granted be King James the Fourt of woorthie memorie to the saidis proveist, counsell, baillies and commontie of the said burghe of Kirkecudbright and ther successoures of all and haill the lands callit the Castlemaynes of Kirkecudbright, extending to ane fourtie shilling land, in maner specified in his majesties rentall thairof lyand neir the said burghe, with the stewartrie of Kirkecudbrighe and shereffdome of Dumfries, quhilke chartor is daited at Edinburghe, the tuentie sext of Februar 1509 yeirs and of the kingis rigne the tuentie tuo yeir, with the precept and instrument of seasing falloweing thairwpoun, bot alse conteyneing thairin ane new dispositione to the saidis proveist, baillies, counsell and commontie of the said burghe of Kirkecudbright and thair successoures off all and haill the samene burghe of Kirkecudbright, ground and haill boundis within the boundis and merches thairof wsit and wont, and quhairof they and thair predicessoures hes bene in possessione at ony tyme bygone, with croce, merkat, weeklie mercat day, faires and trone foirsaid; and of all and haill the saidis landis callit Castlemaynes of Kirkecudbright and ther pertinentes, withall and sindrie customes and burgall fermes and dewties of the said burghe and landis abovespecified, and with all liberties, priviledges, commodities, immunities, mylnes, multors, sequelles, tolles, customes, possessiones, courtes, wnlawes and otheres foirsaidis, with power to make and creat burgess within the said burghe, and with all other liberties and priviledges conteyned in the said infeftment or whatsoevir other infeftmentes made to them of before, quhilkis are holdine as exprest in the said chartour, and als with power to them to keepe ane weeklie mercate day ather wpoun Frayday or Satirday as they shall thinke expedient, with tuo free faires in the yeere, ane therofe at Michaellmes for the space of eight dayes, and the other fair one the first of May, callit Beltane Fair, for the space of other eight dayes; with power lykewayes to them yeerlie at the feist of Michallmes to elect and create ane proveist, tuo baillies, ane thesaurer, deacones of craftes, officeres and otheres memberes necessar within the said burghe for governeing of the same, and to keepe and hold courtes as any other burghe royall uses to doe, with all other priviledges and liberties in maner specified in the said chartour; and sicklyke conteeneing ane unioune and annexatione therin of the saidis landis of Castlemaynes of Kirkecudbright with all other landis wherof they have bene in possessione, with the small customes, tolles and casualities of the said mercat faires and trone to the said burghe liberties and incorporatione therof, with power to take seasing at the said mercat croce of Kirkecudbright for all, to be holdinie of our soverane lord and his successouris in frie burghe royall, fewferme, fie and heritadge forevir, as in the said infeftment conteaneing the said ratificatione, new dispositione and unione abovespecified wnder his majesties great seale of the dait at Halyrudhous, the tuentie day of Julii 1533 yeers, at mair lenth is conteaned, togidder with the precept and instrument of seasing3 falloueing therwpoun, and withall other infeftmentes, chartours, seasingis and other rightes, tytles, and secureties quhatsomevir made and granted be his majestie or any of his majesties most noble progenitoures in favoures of the saidis proveist, baillies, counsell and commontie of the said burghe of Kirkecudbrighe, of all and haill the samene burghe and haill landis therof, foirsaidis liberties, privilidges and casualities of the same, and wtheres abovespecified perteaneing and belonging therto in any tyme bygone preceding the dait heirof, in the haill heidis, articles, clauss, conditiones and circumstances whatsomevir specified and conteyned in the saidis chartoures, infeftmentes and seasingis respective abovespecified, with all that hes fallowit or may fallow therupon, saiffand and reserveand allwayes to our said soverane lord and his successoures rightes, service and few dewties aucht and wont to his hienes and his predicessoures of the saidis burghe, landis, priviledges and liberties therof and to ther foirsaidis befor this present ratificatione. Attoure, his majestie and estates foirsaidis willis and grantes and for them and ther successoures decernes and ordeanes that the foirsaid chartour and infeftment and seasing foirsaid falloweing therwpoun, and remanent other chartoures, seasingis and rightes respective abovespecified, with this present ratificatione therof, are and shall be good, valied and sufficient rightes and securities to the saidis proveist, baillies, counsell and commontie of the said burghe of Kirkecudbright and ther successoures for bruiking and joysing the samene burghe and haill landis, liberties, priviledges and casualities therof and otheres abovespecified perteyneing and belonging therto in all tymecomeing bot stope or impediment, and als that this present ratificatione and generallity therof shall be alse valied, effectuall and sufficient to the saidis proveist, baillies, counsell and commontie of the said burghe and ther successoures for that effect, as if the saidis chartoures, infeftmentes and seasing foirsaid fallowing therwpon, and all other chartours, infeftmentes, seasingis and reightes respective above rehearsed war at lenth word be word insert heirin, anent the quhilke and generalitie thairof, and all inconvenientes that may fallow therwpone, as alse withall other objectiones and imperfectiones (if any be) which may be opponit or alledged againes the validitie or invaliditie of the samene infeftmentes, seasingis or others rightes foirsaidis, or of this present ratificatione therof, his majestie and estates foirsaidis hes dispensed and dispenses be thir presents.

  1. NAS, PA2/22, f.217r-218r.
  2. Followed by 'jM 4C fiftie fyve yeirs and of the kingis regne the nynt l. nyntein] yeir with the preceptis and instrument of sessing following thairupone. And quhilk chartour is dewlie transumed under the signe and subscriptione of Bryse Stewart, notar publick, of the dait at the fraterniteis chappell of Kirkudbright, the threttene day of Februar' in square brackets in APS. This is taken from the original warrant at NAS, PA6/6, '17 November 1641'.
  3. 'at the said mercate croce of Kirkecudbright' has been inserted but scored through by the clerk.