Of the Borough of Rutherglen, its Charters, Set, Antiquities, &c., Part II., pp.5-20.

Carta Roberti, Regis Scottorum. anno Dom. 1324.

ROBERTUS. Dei gratia, Rex Scottorum, Omnibus probis hominibus. totius terre sue, salutem, Sciatis Nos. inspexisse, ac veracit intellexisse, Cartam. venande. memorie. Dm Willim Dei gra. illustris Regis Scottorum, pdecessoris nri, factam. Burgensibus. de Rutherglen, non abolitam, non Cancellatam, nec in aliqua sui pte Viciatam. set vero Sigillo, ipius Regis Signatam, in hec verba. Wills. Dei gra Rex Scott Epis, abbib comitib, Baronib. Justis. Vicecom ppofitis, ministris. et omib probis homib. totius tre sue. Clericis, et Laicis Saltm. Sciant psentes et futi. me concessisse. et dedisse. et hac Carta, mea confirmasse. Burgo. meo de Ruthglen. et Burgensib. meis. eiusdem ville, omes Consuetudines, & Rectitudines quas huerunt tempore Reg Dauid Aui mei et illas Diuisas. quas eis concessit. Scilicet. de Neithan, Vsq Polmacde. Et de Garin Vsq keluin. et de Loudn, vsq prenteineth. Et de karnebuth. ad karn. Et quicuq detuliit Tholnem. vel alia iura. que pdct ville, tempore Reg dauid, ptinuerunt. Vbicuq. ppositus pfate ville, vel Seruiens eius, illu Attinge possit. in Cuicuq tra attingat. Dns tre illius, inueniat. pposito de Ruthglen. vel Seriuenti Suo, Auxilm, vt Disturbet. don heant. iura Reg. Et n Dns Ville hoc fecit; Volo. vt ipe sit. in forisfacto meo. de decem libris, Et phibeo fimit. ne aliqs educat aliquid. ad vendendu. infra istas diuisas pnotatas; nisi prius fuerit as Burgu de Ruthglen. Test Ern Abbe. de melros, Jocel. Arch. de Dunkeldin. Robto de London. Walto Corbet. Willo Comyn. Walto de Berclai. Camario. Johe. de Lond apud Jeddeburch. Quam quidem. ceffionem. & donatonem. in omib punctis & articulis fuis, pdtis Burgensib de Ruthglen. in eor Successorib, pro nobis & hedib nris. approbam. Ratificam. et hac psenti Carta nra. inppetuu. Confirmamus, Concessimus etiam. eisdem. Burgensibus de Ruthglen & eor Successorib. & hac psenti Carta nra Consmanumus eisde,. q de Tholneio. & Consuitudine. de. dominicis Catallis. fuis. p totum. Regnu nrm Liberi sint. et quieti inppetuu. prout Carta bone memorie. dm Alexr Scdi. dei gra. illustris Reg Scott. pdecessoris nri Sup eadem Libertate eisdem confecta. plem iuste. pportat & testat. In cuius Rei testemoniu psenti Carte nre Sigillu nrm fecim apponi. Testib Ven in. Xto patb. Willo & Willo Sct Andr & Dunkelden eccliar dei gra Epis. Bernard. Abbe de Abirbroth. Cancellar nro. Walter Sen Scot. Jacobo Dno. de Duglas. & Alexo Fraz Cam nro. militib apd BerWicu Sup TWedam. Vicesimo Die Aprilis. Anno Reg Nostri Octauodecimo.

Eadem, sine Contactionibus.

ROBERTUS, Dei gratia Rex Scottorum,1 Omnibus probis hominibus, totius terræ fuæ; salutem. Sciatis, Nos Inspexisse, ac veraciter intellexisse, Cartam, venerandæ memoriæ Domini Willielmi, Dei gratia illustris Regis Scottorum, predecessoris nostri, factam Burgensibus de Rutherglen, non abolitam, non Cancellatam, nec in aliqua sui parte, viciatam, sed vero Sigillo ipsius Regis Signatam; in hæc verba. Willielmus, Dei gratia Rex Scottorum, Episcopis, Abbatibus, Comitibus, Baronibus probis hominibus, totius terræ suæ, Clericis, et Laicis; Salutem. Sciant, præsentes et futuri, me conssesse, et dedisse, et, hac Carta mea, confirmavisse, Burgo meo de Rutherglen, et Burgensibus meis ejusdem villæ, omnes Consuetudines, et Rectitudines, quas habuerunt tempore Regis Davidis, Avi mei; et illas Divisas, quas eis concessit; Scilicet, de Neithan, usque ad Polmacde: Et, de Garin, usque as kelvin: et, de Loudun, usque as prenteineth: Et, de karnebuth, as karun. Et quicunque detulerit Tholneum, vel alia jura, quæ, prædictæ villæ, tempore Regis davidis, pertinuerunt, Ubicunque præpositus præfatæ villæ, vel Serviens ejus, illum Attingere possit; in Cujuscunque terra attingat, Dominus terræ illius inveniat præposito de Rutherglen, vel Servienti Suo, Auxilium, ut Disturbetur, donec habeant jura Regalia. Et nisi Dominus Villæ hoc fecerit, Volo, ut ipse sit, in forisfacto meo, de decem libris. Et prohibeo firmiter, ne aliquis educat aliquid ad vendendum, infra istas divisas prænominatas, nisi prius fuerit ad Burgum de Rutherglen. Testibus, Ernesto, Abbate de Melros; Jocelino, Archdiacono de Dunkeldin; Roberto de London; Waltero Corbet; Willielmo Comyn; Waltero de Berclai, Camerario; Johanne de Lond, apud Jeddeburch. Quam quidem concessionem, et donationem, in omnibus punctis, et articulis suis, prædictis Burgensibus de Rutherglen, et eorum Successoribus, pro nobis, et hæredibus nostris, Approbamus, Ratificamus; et, hac præsenti Carta nostra, inperpetuum Confirmamus. Concessimus etiam eisdem Burgensibus de Rutherglen, et eorum Successoribus, et hac præsenti Carta nostra, Confirmavimus eisdem, quod de Tholneio, et Consuetudine, de dominicis Catallis, suis, per totum Regnum nostrum Liberi sint, et quieti, inperpetuum; prout Carta, bonæ memoriæ Domini Alexandri Secundi, Dei gratia, illustris Regis Scottorum, prædecessoris nostri, Super eadem Libertate eisdem, confecta plerumque juste præportat, et testat. In cujus Rei testimonium, præsenti Cartæ nostræ Sigillum nostrum fecimus apponi. Testibus. Venerandis in Christo patribus, Willielmo, et Willielmo Sancti Andreæ, et Dunkelden ecclesiarum, Dei gratia Episcopis. Bernardo, Abbate de Abirbroth, Cancellario nostro. Waltero, Senescallo Scotiæ: Jacobo, Domino de Duglas: Et Alexandro Frazer, Camerario nostro, militibus. apud BerWicum super TWedam. Vicesimo Die Aprilis. Anno, Regni Nostri, Octavodecimo.

[Same without Contractions.

ROBERT, by the grace of God, King of Scots, to all good men of his, of the whole of the earth fuse; health. You should know, that we have inspected, and truly to be understood it to be, with the Charter, venerable for his him for a remembrance of the Lord, lord William, by the grace of the illustrious King of Scots, of happy memory, has been made to the Burgesses of Rutherglen, the can not away with altogether, or canceled, or in any part of it, a faulty case, but the real, with the Seal of the said John King, is sealed ; this effect. William, by the grace of God, King of Scots, to the Bishops, Abbots, Earls, Barons, reputable men, of the whole of their own land, the Clergy, and the Laity; Health. Let it be known to be present, and the future, to me, conssesse, and to have given, and, by this my present charter, Charter reaffirmed to my burgh of Rutherglen, and to my Burgesses of the same town, All the aforesaid customs, and righteous deeds, which they have had the time of King David, and to the bird of my people; and it is divided it works, which he granted; Of course, the Neithan, until Polmacde And, of Garin, as far as Kelvin, and the Loudun, as far as prenteineth And, of karnebuth, as Karun. And whoever carries toll or any other rights, under the aforesaid town, at the time of King David belonged, wherever their oversight of the foregoing or serving it, it could be attained; In whosesoever land, the land shall find his chief of Rutherglen or serving for His help to disturb them until its rights Regalia. And if the town do this, I want to be myself, to forfeit my ten pounds. And I straitly, lest any one from taking out anything to be sold, stands below these the boundaries of the praenominate, unless they have been first to the Burgh of Rutherglen. As witnesses, Ernesto, the Abbot of Melrose; To Joceline, Archdiacono of the Dunkeldin; Robert of London; Walter Corbet; William Comyn; Walter de Berclaius, the Chamberlain; John, of London, in Jeddeburch. In fact, to the granting of, and after the donation, in all points, and the articles of their own, to the aforesaid Burgesses of Rutherglen, and their words to the Successors, for us, and for our heirs, to approve, ratify; and, in this present charter to our ever being confirmed. Granted to the same Burgesses of Rutherglen, and their words to the Successors, and by this present charter to all our, we confirmed the same, that of the Tholneio, and by custom, in respect of their chattels, with him, and they are made free by means of the whole of our kingdom, and to rest, for ever; wise as the charters, things are of good to the remembrance of the Lord of Alexander the Second, by the grace of God, the illustrious King of Scots, our predecessor, On the same freedom, the same authorities, for the most part justly ended, having a front of, and bear testimony. In testimony whereof, the present charter have our seal affixed. Witnesses. Venerable fathers in Christ, William, and William Andrews and Dunkeld churches, by the grace of Bishops. Bernard, Abbot of Abirbroth our Chancellor. Walter, Steward of Scotland, James Lord Douglas And Alexander Frazer, our Chancellor soldiers. Berwick upon Tweed before. On the twentieth day of April. In the eighteenth year of the Kingdom of Our Lord.]

[Translated with GoogleTranslate]

 

CARTA JACOBI V. Regis Scotorum. ann. Dom. 1542.

JACOBUS, Dei gratia Rex Scotorum, Omnibus probis hominibus, Totius terre sue, Clericis, et Laicis; salutem. Sciatis, Quia post nostram, legitimam, et perfectam vigintiquinq etatem completam, Revocationemq generalem, approbauimus, ratificauimus, et confirmauimus: Et, hac pnti Carta nra, approbamus, ratificamus, et, pro nobis, et nrs successoribus, confirmamus omnes cartas, et infeofamenta, fact, per quondam dauidem, willelmum, alexrm, Robertum Scotorum reges, et alios nros nobilissimos precedessores, bone memorie, quorum animabus propicietur deus, pro creatione ville de ruthirglen, in liberum burgum regalem; cum omnibus priuilegiis, libertatibus, per ipsos, eidem, ac preposito, baliuis, burgensibus, et comitati eiusdem, pntibus et affuturis, infra omnes limites; a nethan, as polmacdy: et, a garin, a keluin: et, a loudun, ad prenteineth: et, le carnebuth, as karun: et omnia alia loca, in dictis infeofamentis, specificat. Ordinan q. nemo capiat custumas, nec alia iura, que ad dictam Villam, tempore prefati quondam dauidis Regis, pertinuernt. Et Vbicunq dictus prepositus, aut seriandus, dicti burgi nri, Illum apprehendere poterit; q. dominus huius terre, in qua apprehensus fuerit, predictos, prepositum, balliuos, et eorum seriandos, adiuuet; donec eorum custumas, ey iura, acquirant. Et si dns Illius ville, aut terrarum, in hoc defecerit, q idem sit in vno amerciamento decem librarum. Acetiam, inhibendo omnibus nrs liegiis; q nullus eorum, aliqua bona, extra predictos limites, vendenda sumat, nisi prius, as prefatum nrm burgum apportentur. Necnon, concedendo dictis preposito, balliuis, et comitati eiusdem burgi, ac eorum successoribus; q isi, de omnibus tholoneis, custumis, et consuetudine, suorum catallorum, et bonorum, in omnibus partibus regni nri, sint pro perpetuo liberi: Tenend, de nobis, et nris successoribus, prout in prefatis cartis, et infeofamentis, desuper confectis, latius continetur. Soluendo Inde, annuatim, prefati prepositus, balliui, comitas, et eorum successores, summam tresdecem librarum monete, regni nri; ad duos anni terminos consuetos; festa, Videlicet, penthecostes; et sancti martini, in hieme; per equales portiones, Videlicet; quadragita solidos, nobis, et nris successoribus; et Vndecim libras, annuatim, vicariis chori eccle cathedralis glasguen, ad eosdem terminos, per equales portiones tantum.2 In cuius Rei testimonm; huic pnti Carte nostre confirmationis, Magnm Sigillum nrm Apponi precepimus. Testibus: Reuendissimo, et Reuendo in Christo patribus, gawino, Archiepo glasguen; et cancellario nro: georgio, Epo Dunkelden, dilectis nris: fratre Baturali, et confanguineis, Jacobo morauie, comite: et Archibaldo, comite ergadie, dno campbell, et lorne: et Malcolmo, dno flemying; Magno camerario nro: Dilectis nris familiaribus, Thoma erskyn, de brechyn, milite; secretario nro: Jacobo kyrkcaldy, de grange, thesaurio nro: David Wood, de crag, compotorum nrorn rotulatore: Magris Jacobo foulis, de colintoun, nrorum rotulorum regni ac consilii: Et thoma Bellenden, de auchinoule, nrorum Justiciarie, et cancellarie clerico, et directore. Apud edinburgh, Vndecimo die Mensis Junii, Anno Dm, Millesimo, Quingentesimo, quadragesimosecundo. Et Regni nostri vicesimonono. 

 

IT appears from the following note, on the back of each of these charters, that they were produced in edinburgh, in the year 1656, and received as authentic. 

Edinburgh. ye. 15 Martij 1656.

   PRODUCIT be Walter Riddel, baillie of Rutherglen; and ane Minut, takine, & Recordit in the books of Exchequer. Conforme to the act yranent. By me 

(Signed)

W. Purvies Clk.   

THE charter of king Robert the Bruce is remarkably well written: the letters are small but well shaped, and the strokes fine. A fac simile of this ancient record would be a valuable addition to the Diplomata Scotiæ. The writing of king James’ charter is not so delicate as the other, but the letters are far from being bad; they are more of a modern shape, and the strokes much coarser. 

THE following copies of two charters granted in the years 1617, and 1640, contain the substance of the above Latin charters, and may therefore serve in place of a translation.

 

Charter of king James VI. in favour of the burgh of Rutherglen. 1617.

JAMES, By the grace of God, &c. We Considering The singullar study, and sedulous care, which our Most noble progenitors Kings of Scotland, of blessed Memory, did undergo, in erecting Burghs within the said Kingdom of Scotland; by whoss encreass, civility, profit, and ornament, does most exist, and is daily augmented. Among the number of which burghs, our most illustrious Progenitors, especially King David, King William, Alexander, Robert, and James the fifth of that name, Kings of Scotland; now by the space of five hundred years and above, did erect the Burgh of Rutherglen, sitwat in the west pairt of this our kingdom of Scotland, in ane free Burgh Royall; and gave and granted to the said Burgh, and the Inhabitants thereof, and their successors for ever, sundry Lands, and Rents; and with all the priviledges, Liberties, and Immunities, belonging, or known to belong, to any Burgh Royall within our said Kingdom of Scotland. And we being most willing not only to ratifie, confirme, and approve all and sundry Rights, Infeftments, Liberties, priviledges, and Immunities, formerly granted to the said Burgh, by our Most noble progenitors. But also to grant to them new Infeftments, and Dispositions therof, and to our pith, and powr to amplifie and extend ther Liberties, priviledges and Immunities. therfor, and for diverss other great Respects, and good Considerations, moving us: and of our certain knowledge, and proper motive, with speciall advice and consent of our Most trusty Cowsin and Counselour, John, Earle of Marr, Lord Erskin, Lord high Tressurer, Comptroler, and Recever deputie of the said kingdom; We have Ratified, approven, and for us and our successors, perpetwallie confirmed; and be the tenor of this our charter, we doe ratifie, approve, and for us and our successors perpetwallie confirm, all and sundry Charters and Infeftments, Precepts, and Instruments of feaffing, confirmation, acts, decretts, and sentances, with all Gifts, priviledges, and Immunities therin Contained, made, given, and granted, and confirmed be our most noble progenitors, to our said Burgh of Rutherglen, and Inhabitants therof, of whatsomever Tenor, or Tenors; Content, or Contents; dait, or daits the same be: and especialie, but prejudice of the said generality, and particular charter of Confirmatione granted be our most Noble progenitor King James the fifth, be which he ratified, and approved all and sundrie Charters and Infeftments made and granted be the saids, David, William, Alexander, and Robert, Kings of Scotland, and others his Most Noble predecessors, of worthy memory, for creating and erecting our said Burgh of Rutherglen, in ane free Burgh Royall, with all priviledges, liberties, and immunities granted be them therto, and to the Provest, Baillies, Burgesses and Communitie therof, then present and to come, within all its Bounds and Limits, from Netham to Polmadie; and from Carnburgh to Carron, and in all the other places specified and contained in the saids Infeftments. Ordaining also, be the said Charter, That none uplift the customs, or other tiends pertaining to the said Burgh, in the lifetime of the said King David. And wherever the Provest, and Baillies of our said Burgh, or their officers, or serjands should apprehend any such, that the Heiritor of that land, in which he there were found, should helpe and assist the forsaid Provest, Baillies, and ther serjands, till they should recover ther customs, rights, and teinds: and if the Heiritors of any Toun, or Lands, should be deficient in this, that he should be fined in Ten punds Scots; and also inhibiting all our Leidges, That none of them bring ther goods to be sold beyond any of the forsaid Limits, till first, they be brought, and offered to our said Burgh; as also giving, and granting to the Provest, Baillies, and communitie of our said Burgh, and to ther successors, that they shall be, for ever, free of all Tolls, Customs, and Impositions of ther Cattall and goods, in all the pairts of this our kingdom, as in the said charter of Confirmation, ratifieing, and approving, the forsaids charters, and infeftments, to our said Burgh of Rutherglen, and ther successors, in form above written; of the dait the eleven day of June, the year of God, fifteen hundred and fourtie two, At more length is contained. With all and sundrie other Charters, Infeftments, Gifts, Priviledges, Immunities, Sentences, Decreets, and other Rights, and Evidences whatsomever, made, given, and granted, be us, or our Most Noble progenitors; or be any other person, or persons, to our said Burgh of Rutherglen: or in favours of the Provest, Baillies, Counsell, and Communitie therof; or ther predecessors, or successors, concerning the erection of the said Burgh, in ane free Burgh of Royalty; and with all rights, titles, and priviledges pertaining therto, or which, be the Laws and Customs of our kingdom, are known to pertain therto. And of all and sundrie lands, tenements, howses, biggings, chappels, chappelyeards, and annual rents whatsomever, pertaining to the said chapels, and altarages of kirks, founded with, and lying within the territorie, liberty, and Jurisdictione of our said Burgh, and pertaining and belonging therto, and of which our said Burgh was formerlie in possession. and we will, and grant, and for us, and our successors, decern, and ordain, that the forsaid generalitie, shall not be prejudice of the specialitie forsaid; nor the forsaid specialitie, the said generalitie: but that this present charter of Confirmation, and Approbation of the premisses, in all time coming, shall be of alse great vallow, strength, and efficasie, and effect, in all respects to the said Burgh of Rutherglen, Provest, Baillies, Counsell, Communitie, and inhabitants therof, and ther successors, as of all and sundrie ther said Infeftments, Charters, Donations, Conversions, Sentences, rights, titles, and immunities, and every on therof, with the liberties, priviledges, and Immunities, specialie and generallie therin mentioned over, word by word, herin expresst and insert theranent; and all the Inconveniences which could follow theron; and all other objections, defects, and imperfections, if any be, which could be propossed, or aledged against the validitie of the same, or any on therof, or this our present Charter of Confirmation, we, for us and our successors, have disponed, and by the tenor of this our charter dispones for ever. Morover, will, but hurt, or prejudice of the saids Charters, Infeftments, Decreets, Donaltions, Commissions, rights liberties and priviledges therin contained. And in farder corroberation therof, accumulating rights to rights, for the good and faithful service done, and to be done, to us, be the Provest, Baillies, Counsell and Inhabitants of the said Burgh of Rutherglen, ther predecessors, and successors; and that we may give them the batter occasion of persevering in the samen, with advice and consent forsaid, of new have given, granted and disponed, and perpetwallie, and be the tenor herof, give, grant and dispone from us and our successors, perpetwallie confirm to the Provest, Baillies, Counsell, Communitie and Inhabitants of the said Burgh of Rutherglen, territorie and communitie therof, with all sundrie cawswalities, howses, biggings, tenaments, yeards, orchards, churches, chappels, chappelries, tofts, crofts, outsetts, wayes, passadges, Milns, Multeries and seqwalls therof, coalls, Coallhewghs, rocks, Quarries, burns, dams, incarries, Laids and watergangs, fishing, moores, marshes, Greens, Commons, Loans, an. rents, few-ferm dewties, manses, fruits, profits, emoluments; and with all other priviledges, liberties and immunities whatsomever, as well          as secular, pertaining therto, lying within the said Burgh, libertie, Territorie and Jurisdiction therof; with special and sull power and libertie to them, Yearlie to creat, elect, change and dispose the Provest, Baillies, Counsellors, Dean of gild, Tressurer, and all other Magistrats reqwisit and used in ane free Burgh royall; with Clarks, Serjands, Dempsters, and all other officers and members of Court; and with all other Liberties and Priviledges pertaining therto; and the Burgesses and inhabitants to use, freqwant and exerce the Liberties of free Burgesses alse freely, in all respects, as any other free Burgesses within any other free Burgh of our Kingdom of Scotland: as also with powr, libertie and licence to the said Provest, Baillies, Counsellors, Burgesses and Communitie of the said Burgh, and ther successors, in all time coming, to have, use and exerce the trade and traffiqwie of Merchants; and to bwy, sell, brok, coup all kind of merchantdice of our kingdom of Scotland, as the goods of other nations, not only within the said Burgh-lands, territorie jurisdiction and priviledges therof, but also within all other bownds and lands after mentioned: and to Intromit with, and uplift all the Customs and other dewties within all the bownds respectivelie forsaid: and to have use, and possess, within the said Burgh, ane Merchand Gildrie, with ane Dean of Guild, court, members and jurisdictions pertaining therto, liberties and priviledges therof, and alse freely, in all respects, as is granted to any other Burgh royall within this kingdom: and to have use, and enjoy, within the said Burgh, weeklie, ane Mercat day upon Saturday, with two fairs yearlie, Viz. the first to be Holden yearlie upon the eighteinth day of October, called Lukes day, to continow for fowr days; and the second the           day of           yearlie, of old called the Trinitie Sunday, to continow two days, according to the old and ancient custom of the said Burgh: and in like manner with powr to the Provest, Baillies and Counsell of the said Burgh, and ther successors, and ther factors, customers and servands, in ther names, to uplift all the Tolls, Customs, fies, Impositions, exactions and other dewties whatsomever, used and wont during the whole time of the said Mercat: and to exercise all other Liberties as freelie as any other Burgh within the said kingdom do enjoy, and possess fairs and mercats, or as they themselves, or ther predecessors, in any time bygone, did enjoy or possess. As also we, with advice and consent forsaid, have given and granted, & by the tenor of this our charter, give and grant to the said Provest, Baillies, Counsell, and Communitie of the said Burgh, and ther successors, full powr, libertie and commission, to make and publish acts, statuts, and ordinances, for the common good of the said Burgh; and for the maintaining, and observing of the liberties, and priviledges therof, be all the Burgesses and Inhabitants of the same; and be all other persons repairing therto, to be observed & obeyed, under such pains, as, to them, shall seem most expedient; according to the acts of Parliament, laws and practice of other Burghs; giving and granting to them to put to finall execution ther own ordinances, decrets and sentences; and all acts of Parliament, or secret Counsell, constitutions of Burghs, and all decrees, acts and sentences, made, and to be made, and preserved, in favours of ther own liberties; and that within the territorie of our said Burgh, and bounds, above specified; and to fitt, constitute and decerne them for the better executione therof, making and constituting themselves, and ther successors, Provest, Baillies and Counsellors, of the said Burgh, Judges in that pairt of the said Burgh, within the boundrie therof, With full powr to them, to conveen, prosecute, arrest and incarcerat the persons, contraveening ther said liberties, acts, decrets, ordinances and others forsaid, and the said persones to punish as          of the law. With powr also to the said Provest, Baillies and Counsellors, of the said Burgh, and ther successors, to observe and defend, all and sundrie, the Gates and passages leading to, and from, the said Burgh, and all other pairts of this kingdom, that they be not broken, or infringed by any person, but that they may be preserved, in all pairts of the samen passages, in lenth, and breadth, and measur, used and wont, that our subjects may have eassie access, and regress to and from our said Burgh. Moreover, it being abundantly known to us that the said Lands, tenaments, howsses, biggings, yeards, orchards, churches, chappels, chappelries, tofts, crofts, outsets, ways, passages, milns, multeries and seqwalls therof, Coals, Coalhewghs, rocks, dams, qwarries, incarries, watergangs, fishings, moores, mashes, Greens, Commons, and Loans, and others particularlie and generalie above-mentioned; with the offices, liberties, priviledges, and other above rehersed, to have been formerlie, and now to be Incorporat, decreted, unit, and annexed in ane free Burgh royall; and considering also the said Provest, Baillies, Counsell, and Communitie of our said Burgh to be ane university, which, by its own nature, does continue, having no special, nor particular successor. therfor we will and grant, and for us, and our successors, decern, and ordain that ane seisin now be taken at the said mercat cross of Rutherglen, be vertue of this present infeftment, be the Provest, or any ane of the Baillies of the said Burgh, in  name of all the Burgesses, Counsellors, and Communitie therof, and ther successors, be Deliverance of earth and stone, staff or Batton, shall stand, and be ane sufficient seisin to the said Burgh, and ther successors for ever; for all and haill the said Burghs territorie, and communitie therof; and for all and sundrie lands, tenements, howses, biggings, &c. as above; with there liberties, priviledges, Immunities, and pertinents what somever, but any Rovocation, Retraction, taking, or recovering of any new seisin in any time coming, to be holden, and to be had, all and haill our said Burgh of Rutherglen, territorie, and communitie therof; with all and sundrie lands, tenements, howses, biggings, yeards, orchards, kirks, chappels, chappelries, tofts, crofts, outsets, ways, passages, milns, multeries and seqwalls therof, Coals, Coalhewghs, rocks, dams, qwarries, incarries, leads and watergangs, fishings, moores, marshes, Greens, commons or loans, annual-rents, few-ferm dewties, mansion-howses, ferms, profits, emoluments, pairts, pendicles and pertinents forsaid, pertaining, and belonging therto; and with the haill offices, customes, dewties, and priviledges, above rehersed, to the saids Provest, Baillies, Counsellors, and Communitie of our said Burgh of Rutherglen, and ther successors, of us, and our successors, in few-ferm and heritage, and free Burgh royall for ever, be all the rights, meiths, and marches therof, old and divided, as the same ly in lenth, and breadth, in howses, biggings, plains, moors, marshes, ways, Passages, waters, stanks, burns, Meadows, pasturages, Milns, multeries and seqwalls therof, hawking, hunting, fishing, peats, turfs, coals, coalhewghs, cunnins, cunningers, doves, dovecoats, smiddies, &c. woods, groves, &c. stone and lime, &c. with Court, plaint, herrezell,3 Bluidueit,4 &c. Commonties, common passages, free ish and entrie therto, &c. pitt and Gallous, and with all and sundrie other liberties, commodities, profits, and easements, and just pertinents therof whatsumever, as well not named as named, as well under as beneath the ground, farr and near, beonging, or that justly are known to belong to the said Burgh, territorie and priviledges therof anue manner of way, in all time coming, freelie, quietlie, fullie, weel and in peace, But anie Revocation, Contradiction, Impediment, or Obstacle whatsumever. Giving therfor, yearly, the saids Provest, and Baillies, Counsell, and Communitie of the said Burgh of Rutherglen, all and haill the sume of Thretein Punds usewall money of Scotland, at two usewall termes in the year, Whitsunday and Martinmess in winter, be eqwall portiones; Viz. the sume of fourtie shilling Money forsaid to us and our successors, and eleven punds Money forsaid yearlie to the Vicars of the Quire of the Cathedrall Kirk of Glasgow, at the termes forsaid, be eqwall portiones, in name of few-ferm. Together with the service of Burgh, used and wont, allernerlie. In wittness wherof, &c. Witnesses. James Marquess of Hamilton, Earle of Arran, Lord Evan and Ardbrooty. George, Earle of Mareschall. Lord Leith, Marrischall of Scotland. Alexander, Earle of Dumfermling. Lord Fyvie, and registar Chancellor. Thomas, Lord Binning, Secretary. Sir Richard Cockburn younger of Clarkington, Lord privie Seall. George Hay of Netherlyff, Clerk Register. John Cockburn of Ormiston, Justice Clerk. Mr. John Scott, of Scotts Tarbatt, director of the Chancelarie. At Edinburgh the twintie on of March, 1617; and of the Kings Reign the fiftieth year in Scotland, and fourtenth in England. Sealed the twintie seventh of March the said year.

 

THE following paragraph is written on the back of the charter. 

   PRODUCED thrice in the Exchequer, to be seen and Received, and ane Minute therof taken there. First, the seventh of July, 1619; George Hay, Clerk Register. Next the twelth of July, 1636, John Hay, Clerk Register. And last, the fyfteenth of March, 1656, William Purves, Clerk

AS I had not an opportunity of seeing the above charter in the original, I cannot say much for the orthography of the copy: it seems to have been greatly modernized by the transcriber.

 

1  The people of Scotland were so jealous of their ancient rights, and of the freedom of their nation, that they would not permit their Kings to style themselves Kings of Scotland, as being sole proprietors of the land, but Kings of the Scots; schosen originally by the free voice of the people, and supported by their arms. This mode of expression is now adopted in France.
2  That sum of money, as we find from Extracts, in possession of the town of Rutherglen, was given to the Cathedral “pro sustentatione Diaconi, et Subdiaconi ministrant. in choro dict. eccle. et ad luminar. ibidem, ex concessione D. regis Roberti primi, in puram, et perpetuam elimosinam.” 
3  Herreselda, if the best aucht, ox or kow, or uther beast quhilk ane husbandman possessour of the aucht pairt of ane dauach of land: (foure oxen gang) dwalland and deceasand theirupon, hes in his possession, the time of his decease, quhilk aucht suld be given to his Ladislord, or maister of the said land. For Her in dutch, in latine herus, dominus, signifies ane Lord or maister; and zeild is called ane gift, tribute or taxation, as in the auld acts of Parliament maid be king James the first, it is written, that ane zeilde was gaddered, for the reliefe of him out of England. And ane uther zeilde was collected for resisting the rebelles in the north. Swa Herrezelda is ane gift given be onie man to his maister with the best thing he hes. Swa it is manifest that the Herrezelda is given, be reason of the tennants deceis, to his maister, as ane gift, for acknawledging and honouring of him, and theirfor in the civil law is called Laudemium and laudendo domino. 
Skene, in verbum.
4  Bludueit. Uyte in English is called Injuria, vel misericordia. Ane un-law for wrang or injurie, sik as bloud: For they quha ar infeft with Bludueit hes free libertie to take up all unlawes or amerciaments of Court, for effusion of bloud: and to hald courtes theirupon, and to apply the samin to their awin utilitie and profite. 
Skene, in verbum.

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