The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1641/8/281]1
Ratificatione to the burghe of Lauder
Our soverane lord, with advyse and consent of the estates of parliament, considering that the burghe of Lauder is the speciall and heede burghe within the bailliarie of Lauderdaill and shereffdome of Berwicke, and that ther is great quantities of nolt, sheepe, wooll and wther bestiall to be sold within the said bailliarie and shereffdome, and that one of the dayes appoynted for holding of one of there faires is altogider wnproffitable in respect of the shortnes of the day, foulnes of the weather that uses to be at that tyme, deepnes of the soyle and greatnes of the water of Leidder runeing neir the said burghe, whilke hinderes both the bestiall and goodis thane to be transported to and from the said burghe, and the leiges and people to come and goe therto (without great hazard), sua that the inhabitantes, not onlie of the said burghe, bot also of the whole shereffdome and boundis round aboute and otheres haveand to doe in the faires therof, greatlie desyres and hes earnestlie supplicat his majestie and his hienes commissioneres and estates of parliament that there be ane faire and mercat holdine and keeped in the said burghe of Lauder upoun the tuentie tuo day of July, callit Sanct Magdalene hir day, being in the middest of sommer quhen the bestiall, nolt, sheep, woole and otheres merchandyce of that kynd which ar verie plentifull and aboundis in these pairtes are at best, and may most commodiouslie be transported to and from the said burghe, and when the people may most convenientlie and saiflie repaire therto to sell and buy, and without danger of the wateres lyand therabout, quhilke his majestie and estates of parliament hes thought reassonable and meete. Therfore his majestie and estates of parliament hes givine and be thir presentes gives and grantes to the baillies, counsell, burgess and inhabitantes of the said burghe of Lauder and ther successoures ane mercate and faire to bee holdine and keeped be them in the said burghe of Lauder wpoun the tuentie tuo day of Julii, callit Sanct Magdalene hir day, and to continowe for eight dayes therefter (as use is) yeerlie and perpetuallie in all tymecomeing; and therwith gives and grantes to them and ther successours all tolles, customes, priviledges, immunities and liberties perteaneing to ane frie fair of ane frie burghe royall, to be bruikit, joysit, holdine and usit be the saidis baillies and commountie of the said burghe and ther successoures sicklyke as any other burghe royall within this kingdome bruikes, holdis and uses the lyke faire and mercate and liberties therof therintill for evir. And our soverane lord ordeanes ane infeftment and gifte (if need bees) to be past wpoun the foirsaid fair or mercat yeerly to be holdine as said is, and liberties thairof, toole, customes, priviledges and immunities therof to and in favoures of the saidis baillies, counsell and commountie of the said burghe of Lauder and ther successoures ather (per se) or to be conteaned in any infeftment, gifte or signatour to be past in ther favoures. And in the meanetyme ordeanes this present act to be ane sufficient and laufall warrand to the saidis baillies, counsell, burgess and commontie of the said burghe and ther successoures for bruikeing and holding of the said mercat and fair the tyme foirsaid yeerlie, and that for wptakeing of the saids customes, toolles and dueties therof, and for useing all other liberties and priviledges perteaneing thairto in maner foirsaid ay and while the foirsaid infeftment, gifte or signatour be past or exped be his hienes or his successoures to them therwpon, wnder his hienes great seale in due forme, notwithstanding that the samene be not conteenit in any suche gifte or infeftment granted to them thereupon; quhairanent his majestie and estates of parliament dispenses be thir presentes, and declaires and ordeanes that this present mercate, fair, libertie and priviledge therof heerby granted shall be but prejudice to the saidis baillies, counsell and commountie of the said burghe and ther successoures anent the holding and bruiking of all former faires and mercates granted to them and ther predicessoures at any tyme bygone and wherof they are in possessione. It being allwayes declaired that thir presentes nor no clause therof shall be prejudiciall to the heritable reight of bailliarie of Lauderdaill perteaneing to the Erle of Lauderdaill, his aires and successoures, nor to no priviledges, liberties or immunities perteaneing to the said heritable bailliarie within the said fair or any other faires within the samene.
- NAS, PA2/22, f.221r-222r.