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D E C R E E T
OBTAINED BY THE BURGH OF PERTH,
Concerning the Liberties and Privileges of the Water of Tay,
and Priority of Place.
At Edinburgh, the penult day of December, the year of God one thousand six hundred and twa years, the right excellent and mighty prince King James the Sixt, King of Scotland, the Lords of Council and Session underwritten, they are to say, John, Earl of Montrose ; Lord Grahame, great chancellor of Scotland; Alexander Lord Tyrie, president of the colledge ; Alexander Lord Elphingston ; Mark Lord Newbottle ; William Comendator of Tongueland; John Comendator of Holyroodhouse ; Edward Comendator of Kinloss; Peter, Bishop of Dunkeld ; Sir James Elphingston of Barnstone, Knight, secretor of our Sovereign Lord ; Sit Richard Cockburn younger of Clerkington, Knight, lord privy seal ; Sir John Cockburn of Ormiston, Knight, Justice-clerk; Sir David Lindsay of Edgall, Knight; Mr John Skene, Clerk of Register; Andrew Weems of Markarne; Mr Thomas Hamilton of Monkland, his Highness'
Advocate ; Mr James Prestoun of Seaton Barnes, his Highness' collector-general; Archibald Douglas of Whitingame; Walter Prior of Blantyre; Mr David Magill of Cranstone Roddall; and Sir Robert Melvill of Broomlyland, Knight. In the action and cause pursued at the instance of Sir James Scrimgeour of Dudop, Knight, provost of the burgh of Dundee, William Duncan, William Man, John Finlesone, and John Shouane, bailies thereof for the time, and of the haill burgesses, community, and inhabitants of the samen, against Alexander Blair, appeirand of Balthyock, provost of the burgh of Perth for the time ; Andrew Rae, Constantine Malice, Oliver Young, and Thomas Johnston, bailies thereof also, for themselves, and representing likewise the haill community of the said burgh, touching the productione before the said Lords, and reductione of the charter-tittle granted to the said burgh of Perth by the said illustrious Prince, our Sovereign Lord, ratifying, approving, and confirming certain freedoms, liberties, and privileges, granted to their predecessors by our sovereign lord's most noble progenitors, with the new gift and infeftment thereof, to be seen and considered by the said Lords, and to have seen and heard the samen retracted, rescinded, and reduced for di. verse reasons and causes at length specified in the said summons and letters, given under our said Sovereign Lord his signet, the twenty-fifth day of April, anno one thousand six hundred and ane years.
Whilk matter and action therein contained being sundrie times called, reasoned, and disputed, in presence of our said Sovereign Lord, to the end his Majestie, with the advice of the saids Lords of Council and Session, thought it most meet and expedient for ane perpetual concord to stand betwixt the said burrows of Perth and Dundee, and to take away the grudges and offence now standing, or that hereafter might arise upon the liberties, freedoms, and privileges granted to either of the said burrows; and our said Sovereign Lord, and Lords of his Highness' Council and Session,
finds both the parties, after long plea, great contention, and large expences, well disposed to obey cou sell and direetion; that all questions, controversies, and debates, that ei. ther of the saids burrows has, or standing betwixt them, should be submitted and referred to the decision, sentence, and decreet of our said Sovereign Lord, and Lords of his Council.
It was appointed and ordained the said burrows of Perth and Dundee on either side should direct their special procurators, factors, and commissioners, instructed with sufficient mandates, to refer and submit to our said Sovereign Lord, and Lords of his Council and Session, all questions, controversies, and debates, that either of the saids parties and community might move against others, or might arise or be moved against them for any cause preceeding, or that may follow hereafter, by reason of the freedoms and liberties given to either of the saids burrows, and all other questions and debates, which either of them pleased to give in, their claims subscribed by the saids commissioners for either partie.
According to the whilk appointment and deliverance, compeired upon the twenty-ninth day of the said month of December, one thousand six hundred and twa years instant, in presence of our said Sovereign Lord, and Lords of his Council and Session foresaids, Patrick Blair, James Adamsone, and Andrew Conqueror, commissioners, conjunctly, for the said burgh of Perth, and produced their said com. mission, authentickly sealed with the common seal of the said burgh, and subscribed by the provost, bailies, council, and deacons of crafts, representing the haiil community thereof, of the date the twenty-ane day of December in stant.
And likewise compeired Sir James Scrimgeour of Dudhop, Knight, provost of the said burgh of Dundee, for himself, and John Finleyson, Patrick Lyone, Robert Fledger, and Mr Alexander Wedderburn, commissioners, conjui.ctly,
for the said burgh of Dundee, and produced their commission, authentickly sealed with the common seal of the said burgh, and subscryved by the provost, bailies, council, community, and deacons of crafts representing, of the date the twenty-ane day of December instant.
By the whilk commissions produced on the one and other parts, our said Sovereign Lord, and Lords of his Council and Session, finds and declares the said commissioners for either partie to be well and lawfully authorised, and to have full power to submitt the saids questions, in manner underwritten. And according to either of the saids commissions, to the said commissioners respective to either partie, referred and submitted to our said Sovereign Lord, and Lords of Council and Session foresaids, conjunctly, all the saids matters, questions, causes, and debates, generally mentioned in their saids commissions, and specially declared by their claims, whilk either party respective produced in judgement, submitted in the hands of the said commissioners, after the form and tenour of their saids commission, given unto them respective thereanent, of the whilk claim produced by the saids commissioners for the burgh of Perth, the tenour follows:
“Unto your Majesty and Lordships, humbly means and shows. The provost, bailies, council, and community of the burgh of Perth. That where your Majestie and Highness' most noble progenitors and predecessors, of most worthy memorie, in consideration of the great antiquity, good and pleasant situation of the said burgh of Perth, being of old the residence of your Highness' progenitors, with, their princes, bairns, and familys, and where their Parliaments, public conventions, general counsells, and assemblies of the States of this realm, were holden and resorted, and thereby making great account of the said burgh of Perth, has erected and doted the said burgh with many notable, rare, and singular privileges, liberties, and commodities, in most ample form, in such sort, that the privileges
granted to other burghs make relation thereto for the most part, and specially for the maintenance of the said burgh, increase of police, trafick, and negotiation therein ; has of old, by most antient charters, infeftments, and gifts, given, granted, and confirmed to the said burgh of Perth, - burgesses thereof, and their successors, the freedom, privileges, ani liberty of the water of Tay, and of all buying and selling in all parts within the same, frae Drainly, and beneath, with express prohibitions, that no ship co ning within the water of Tay, within Dru:nly, with merchandize, should be loised or break bulk, while the same come to the bridge of the said burgh, under the pains of the tinsel of the saids goods, except the samen be loadned with goods of the saids inhabitants of the said burgh of Dundee, or in the time of the fairs of Dundee.
“ Likeas your Majestie continuing in the like good will towards the said burgh of Perth, and making the like ac. compt thereof, as your Majestie's noble predecessors did oft before, has, by your Highness' new and last charter of confirmation and new infeftment, of the date the fifteenth day of November, the year of God one thousand and six hundredth years, not only ratified and confirmed the former charters, ancient infeftments, and gifts, and haill points, articles, liberties, and privileges therein contained ; and, among the rest, the saids liberties, freedoms, and privileges of the water of Tay, and of buying and selling in all parts within the same, frae Drumly and beneath, with the express prohibition foresaid, but has of new given, granted, and confirmed to the said burgh of Perth, burgesses, and inhabitants thereof, and their successors, the saids freedoms, liberties, and privileges of the said water of Tay, in all parts of the sumen, frae Drumly and beneath, with ane particular explication and declaration of the specialls and particulars, wherein the same liberty, freedom, and privilege of the water of Tay, consists for the most part, with ane special exemption frae such things as may hurt or im