[1641/8/361]¹

Ratificatione to the burghe of Peebles

Our soverane lord and estates of this present parliament ratifies and approves therin to and in favoures of the proveist, baillies, counsell, burgess and commountie of the burghe of Peebles and ther successoures proveist, baillies, counsall, burgess and commontie therof, ane chartour of confirmatione, conteyneing therin ane clause de novodamus mad and granted to the said burghe be umquhill King James the Sext of worthie memorie, his majesties father, quhairby his majestie confirmed to the said burghe of Peebles the particulare chartours and infeftments falloweing, viz: ane chartour granted be umquhill King James the Second to the said burghe of Peebles, burgess and commountie therof, off all and sindrie infeftmentes, liberties, seasingis and possessions made and granted to the saidis burgess and the said burghe be the said umquhill King James the Second and his predicessoures of the infeftmentes and liberties of the said burghe, courtes, creatione of burgess and of the repladgioun of ther comburgess and inhabitantes of the said burghe fermes, small customes, escheates and amerciamentes of courtes, electione, creatione and approbatione of officeres, punishment of transgressours, mylnes, multures and sequelles, halking and hunting in sua fare as pertenit to the said umquhill King James the Second and his predicessoures befor the infeftment of the said burghe, with commonties, pasturage, frie ishe and entrie to the mure of Caidmure, Hamill, Doune and Venlaw, with the pertinents and commoune pasturage, with free ishe and entrie to the landis of Glentrase fra the sune rysing to the doune passinge of the same, whilke wer annexit to the said burghe of Peebles. Item, ane wther chartour made, givine and granted be umquhill King James the Fourt to the said burghe of Peebles, comburgess and commontie therof and ther successours, of all and sindrie liberties, seasingis and possessiones hade and usit be them and ther predicessoures of befor, as also of all and sindrie infeftmentes, seasingis, possessiones and priviledges of the foirsaidis infeftmentes and liberties givine and granted to the said burghe at any tyme of before, with pouer to the saidis toune, burgess and commountie to hold and keepe courtes, with creatione of burgess and of the repladgiatioune of there comburgess and inhabitantes of the said burghe, togidder with the burrow maill, small customes, amerciamentes of courtes, escheetes, electione of officeres and punishment of transgressours within the said burghe as the kingis royall burghes hes, togidder with mylnes, and speciallie with the mylne biggit upoun the syde of the castellhill of Peebles, mylne, dames, multores, fishingis, huntingis and halkingis in sua fare as perteenit to the said umquhill King James the Fourt and his predicessours befor the infeftment of the said burghe, with hilles, landis and valayes and use of the samene upoun ther owne commoune landis of Caudmure, Hamill, Downe, Venlaw and Commoune Struther, and to use and enjoy the samene be pasturing, teilling and sawing as shall seeme most fitt and expedient to themselves, and as they and ther predicessoures hes used and enjoyed the samene of before, and with commoune pasturage, free ishe and entrie to the common of Glentrasie fra the rysing of the sune to the setting therof, and in useing the gaites, merches and commonties as have beene in use, but whatsomevir impediment of any persone or persones, for carieing and leeding of there fewell and all other necessaries to the said burgh and commontie therof, but impediment of whatsomevir persone or persones duelling within or about the said burghe as said is, with commoune pasturage upoun the mure of Kingis Mure in the passage of Cadmure, and als freelie as the said burghe bruikit and possessit any of the foirsaidis priviledges at any tyme bygane, as in the said chartour granted be King James the Fourt at mair lenth is contenit. Item, ane wther chartour granted be umquhill King David of worthie memorie of the chaplandrie of Saint Marie foundit within the said burghe of Peebles, of the mylne of Innerlethane, with the haill multours quhilke of old perteened to the mylne of Traquair wpoun the north syde of the water of Tueed, fra the village of Horsburghe to Gallhopeburne, as in the said chartour of the dait the tuentie day of September and thertie eight yeere of the said King Davidis rigne also at more lenth is contenit. Togidder with all and sindrie chartoures, infeftmentes, giftes, donationes, priviledges, immunities, actes of parliament, decreetes and sentances made and granted be the said umquhill King James the Sext or his most noble progenitoures, or be whatsomevir other persone or persones, to and in favoures of the saidis proveist, baillies, counsell and commontie of the said burghe of Peebles for the tyme and ther predicessour and successoures whatsomevir anent the erectione of the said burghe in ane free burghe royall, and of all rightes, tytles and priviledges be the law and custome of this kingdome perteaneing to the samen, and all and sindrie landis, hillis, vaillayes, gaitis, rodis, muires, maresis, rentes, customes, amerciamentes and escheates of court, houss, biggingis, tenementes, yairdis, donationes, possessiones, mylnes, mylnelandis, multers, dames and braes, rentes, anualrents and all pertinentes of the samene, and of all faires and mercates, with immunities, priviledges and custome of the same usit and wont, and of all otheres liberties, landis, rentis and jurisdictione quhilke the saidis proveist, baillies, counselloures and commontie of the said burghe of Peebles be themselffes or ther predecessours hes bruiked, possest and used at any tyme bygone or quhilkes they for the present bruike, use or possess. And als all and sindrie mortificationes, rightes of patronages, infeftmentes, donationes and dispositiones givine and granted be the said umquhill King James the Sext or his predicessoures, or whatsomevir persone or persones, to the foirsaidis proveist, baillies, counselloures and commontie of the said burghe and ther predicessoures, off whatsomevir landis, houss, biggingis, Heighe and Croce kirke of the said burghe, kirkeyairdis, prebendries, chapelles, chaplandries, few ferm, obites and anniversaries quhairevir they be withine or without the said burghe, particularlie and generallie contenit in the saidis giftes, donationes, mortificationes, dispositiones or any of them, efter the formes and tennoures of the samene, with all actes, sentances, decreetes made and granted of them or any of them, as in the foirsaid chartour of confirmatione granted wnder his majesties great seale, conteaneand the foirsaid clause de novodamus beiring that his majestie of new, for himselffe and his successours, gave, granted and disponed to the saidis proveist, baillies, counsell and commontie of the said burghe of Peebles and ther successoures for evir all and haill the foirsaid burghe of Peebles, withall and sindrie liberties, seasingis, priviledges and possessiones usit and hade bee theme and ther predicessours, with all and sindrie infeftmentes, seasingis, possessiones and priviledges givine and granted to the foirsaid burghe wpoun the saidis infeftmentes and liberties at ony tyme bygone; with power to the saidis comburgess and commontie and inhabitantes to hold and keepe courtes, with creatione of comburgess and repledgetioune of ther comburgess and inhabitantes of the said burghe, with the burrow maill and small customes of the samene, escheetes and amerciamentes of the saidis courtes, creatione of officeres and punishinge of transgressoures within the said burghe, as the rest of his majesties royall burghes within the said kingdome hes; with power also to the saidis proveist, baillies, counsellours and commontie of the said burghe and ther successours to haunt, use and exerce merchandice, traide and trafficque of merchandice, to buy, transact, sell and sell overagane all sort of merchandice, alsweell strange merchandice as of these within the kingdome, not onlie within the libertie and territorie and jurisdictione of the said burghe, bot also within all other pairtes within the haill boundis of the shereffdome of Peebles, alsweell regalitie as royaltie; with power also to the saidis proveist, baillies, counsell and commontie of the said burghe of Peebles and ther successoures, factoures and servitoures in ther names to intromet with, lifte and receive all small customes and other dewties within the foirsaid boundis and within the samene burghe and territorie therof, and to bruike, joyse and possess for evir the gild of merchandis with gildis, courtes, counsell, memberes and jurisdictione perteaneing to the samene liberties and priviledges thairof, sicklyke and alse freelie as be his majestie or his predecessours are granted to any of his free burghes royall within the kingdome of Scotland, and also to hald, bruike, joyse and exerce weeklie within the said burghe mercat dayes, according to the use and custome of the said burghe, togidder also with three free faires thryse in the yeer, the first of the samene to begine yeerlie wpoun the third day of Maii, Beltane Day, and to hold and continue the same for the space of fourtie eight houres thereftir; and the second of the saidis faires to begine upoun the tuentie nynt day of Junii, callit Saint Peiteres Day, and to continowe for the space of fourtie eight houres therefter; and the third of the saidis faires to begine upoun the tuentie fourt day of August, callit Saint Bartholomewes Day, and to hold and continowe be the space of eight dayes therefter, according to the use, custome and wont, togidder with the shereffie and shereffes gloves, tolles, customes, impositiones, exactiones and all other fies, dewties, priviledges and liberties quhilkis are knowne to perteene to the saidis faires and mercattes dureing the tyme of the samene, sicklyke and alse freelie in all respectes as any other free burghe within this kingdome bruikes and possess ther faires and mercates, or whilkis they or ther predicessoures bruikit or possest the samene of before, commanding and chairging that no persone or persones ather of regalitie or royaltie who are not burgess of the said burghe presume to usurpe, exerce and occupy within the shereffdome of the said burghe of Peebles or boundis of the samene shereffdome, mercates or wse of merchandice, alsweell forrane as homeward, perteaneing to ane frie burghe or any pairt or priviledge tuitching ane frie burghe wnder the paine of imprisonement of ther persones and confiscatione of ther merchandice. Fardere, his majestie gave and granted full power, commissione and authoritie to the saids proveist, baillies and counsellers of the said burghe and ther successoures to make and publishe actes, statutes and ordinances for the commone good and proffite of the said burghe, and for mentinance of the liberties and priviledges of the samene, to be observed be all the inhabitantes and burgess of the same and all other persones ther abyding and haunting, wnder sicke paines as shall seeme expedient to them, with speciall power to them to put to finall executione within the said burghe the saidis actes and ordinances, with all actes of parliament of generall or secreet counselles, constitutiones of burrowes and all other decreetes, sentances givine and pronunced in favoures of the saidis liberties, and for the bettir executione of the samene, to sit, judge and decerne in the samene, with speciall power to them to call, persewe, arreist and incarcerat all persones violateres of thair saidis priviledges, actes, constitutiones, decreetes and sentances foirsaidis, and to wnlaw and amerciat them [as sall seim expedient to thame]², quhilkis paines and wnlawes his majestie gave and disponed to the said commone use of the said burghe, and to the supplie of the commoune necessares of the samene. And farder, be the said chartour of new gave, granted and disponed to the saidis proveist, baillies, counselleres and commontie of the said burghe of Peebles and ther successoures, all and haill the landis of Cadmure, Hamill, Downe, Venlaw and Struther, castellhill of Peebles, with the cornemylne, callit the Rudemylne, and walkemylne buildit upoun the syd of the said castellhill, and with the cornemylne, callit the Old Mylne, wpoun the water of Peebles wpoun the northsyde of the samene, with mylne landis, mylne dames, multores, sequelles and ther pertinentes, with the haill houss and tenents biggit wpoun the said castellhill and pertinentes of the samene, the said cornemylne of Innerleithane, with the haill multores whilke of old perteent to the said mylne of Traquair wpoun the northsyde of the said water of Tueid, fra the village of Horsburghe to Gallhope burne, with mylne landis, mylne dames, astricted multores, sequelles and pertinentes of the samene, and the landis neer the said mylne, callit Hillhouse, with the landis callit Thomas Hauche and pertinentes of the samene, togidder with the walkemylne of Innerlethane and pertinentes therof, togidder with the haill wateres and fishingis, alsweell of salmond as of other fishes, wpoun the wateres of Tueed and Peebles, and otheres fishingis perteaneing to the said burghe, and whilke they and ther predicessoures hes possest at any tyme bygone, togidder with the customes at the bridge of Tweed usit and wont. And alse gave, granted and disponed to the said burghe in commontie allenerlie, according to the infeftmentes abovespecified, all and haill the landis of Glentrase, comprehending the particular landis wnderwrittin, viz: Charlado, Dowbanke, Brunemure, Collilaw, Cramsickes, Pillmure, Cruikeshope, Cruikeslaw, Wheitfeild, Rigamountes, Dounerige, Annettishope, Duncleuche, Birnibanke, Hilleincleuche, Kingiskippis, Carleenecraige, Langhopheid, Sommercleuch, Craigendis, Glenferriate, Sommersyd, Commounehill, Whytsyke, Glenrud, Hairfauldrige, Catillgarret, Lamblaw, Brounehillis, Gard, Tuafaldrige, Eister Cattell, Garret Wester, Gramesykes and Gairesman, togidder with all other pairtes and pendicles of the landis of Glentrase as the samene goes fra the bounds of Hamil doune to the Burnefute, and fra that to Gallhope, and doune Gelhope burne to Tueed. And sicklyke his majestie, be the said chartour, gave, granted and disponit to the saidis proveist, baillies and counsell of the said burghe of Peebles and ther successoures all and sindrie the saids landis callit the Kingis Mure, lyand neer the said burgh of Peebles, quhilke perteenit to umquhill Cuthbert Elphingstoune of Henderstoune and Johne Elphingstoune, his sone. And farder, his majestie, be the said chartour, gave, granted and disponit to the saidis proveist, baillies, counselleres and commontie of the said burghe of Peebles and ther successoures the priviledge and libertie to protect and conserve the haill wayes, cassayes and passages goeing to and fra the said burghe to whatsomevir uther pairtes with[in] this kingdome of Scotland, and to keepe the saidis wayes and passages in ther breadeth and integritie that the samene be not distroyed or diminished be any persone or persones, that therby his majestie may have easier passage therto. And alse be the samene chartour, his majestie gave, granted and disponit to the saidis proveist, baillies, counselloures and commontie of the said burghe of Peebles and ther successoures all and haill the comone landis of the said burghe, with power and libertie to pow hether, caste and wone peetes, turves, fewell, faill and devot in the commoune mure and moss of the said burghe within all the four halfes compassing the said burghe fare and neer, and whilkes the saidis proveist, baillies, counsellers and commontie of the said burghe and ther predicessors now possesses or possest at any tymebygone. And farder his majestie, considdering that ther wer diverse prebendries, chaplandries and alterages, hospitalles and otheres of the same nature foundit within the said burghe of Peebles, and haveing in his mynd to dispone the samene to the said burghe to this effect: that the proffittes therof may be imployed to the commoune workes of the said burghe, thairfor his majestie gave, granted and disponit to the saidis proveist, baillies, counselleres and commountie of the said burghe of Peebles all and sindrie landis, mylnes, multores, annuellrentes, tenementes, fewfermes, mailles, caynes, customes, teyndis, teyndshaves, casualities, proffites and dewties whatsomevir, of all and sindrie the prebendaries wnderwrittin, foundit within the said burghe and perteaneing and belonging to the samene, viz: the prebendarie of Saint Marie, the prebendarie of Holiecroce, the prebendarie of Sant Michaell the arkangell, the prebendarie callit Saint Marie major, the prebendarie callit Saint Johne the Baptiste, the prebendarie callit Saint Marie Dallgeddes ther, the prebendarie callit Saint Androw, the prebendarie callit Saint James, the prebendarie callit Saint Laurence and prebendarie callit Saint Christopher, with the chaiplanrie callit Saint Marie; and alse gave, granted and disponed to the saids proveist, baillies, counsell and commountie of the said burghe of Peebles and ther successoures all and sindrie others landis, tenementes, houss, biggingis, kirkis, with the Hie and Croce Kirkes of the samene and kirke yairdis therof, chappelles, yairds, orchyairdis, croftes, annuellrentes, teyndis, fruites, rentes, dewties, emolumentes, almous silver, obite silver and anniversaries, whilkes perteened to whatsomevir chaiplandries, alterages or prebendaries foundit be whatsomevir patrone in whatsomevir kirke, chappell, colledge or hospitall within the liberties of the foirsaid burgh, whilkis the saidis chaiplandis or prebenderes possest wherevir they ly within the libertie of the said burghe or awand be the saidis landes and tenementes lyand within the samene, perteaneing to whatsomevir kirke, chaiplandrie, prebendrie or benefice lyand and foundit without the said burgh, within any other pairt of the said kingdome of Scotland and diverse otheres clauss therintill, and speciallie of ane clause of unione and incorporatione of the haill landis and otheres abovewrittin with the said burghe in ane free burghe royall, tenement and tennandrie for evir, declaireing that seasing tane at the mercat croce of Peebles shall be sufficient for the haill, off the dait the nyntene day of November, j^M vj^C tuentie ane yeeres, at mair lenth is conteined, togidder with the precept and instrument of seasing falloweing thairwpoun in all and sindrie the heedis, poyntes, clauss, articles, circumstances and conditiones therinconteanit, and eftir the forme and tennoure therof in all poyntes. And our said soverane lord and estates of parliament willis and grantes and, for his hienes and his successoures, decernes and ordeanes that this present ratificatione is and shall be alse valied and sufficient and of als great strenth and effect to the saidis proveist, baillies, counsell, burgess, inhabitantes and commontie of the said burghe of Peebles and ther successoures for bruiking of the said burghe, haill customes, liberties and priviledges therof, the landis, tenementes, mylnes, multours, mures, moss, pulling of hether, casting and winning of peetes, turves, fewell, faill and devette in the four quarters about the said burghe, fishingis, annuellrentes, fruites, rentes, emolumentes and dewties whatsomevir, and of the saids chaiplandries, kirkes and kirkeyairdis, and the saidis liberties, and of pasturage and of gaittes, for carieing of the said fewell to the said burghe faires and mercates and otheres whatsomevir speciallie and generallie abovewrittin, conteaned in the said chairtour of confirmatione abovementionat and precept and instrument of seasing fallowing therwpone, as if the samene haill chartour, precept and instrument of seasing wer at lenth speciallie ingrossit and insert de verbo in verbum in this present ratificatione, notwithstanding that the samene be not sua done; quhairanent, and with all other defectes and imperfectiones and objectiones whatsomevir quhilkis may be proponit or alledged againes the said chartour, precept and instrument of seasing and validitie of the samene, or this present ratificatione thairof, our said soverane lord and estates of parliament hes dispensit and be thir presentes dispenses for evir.