James
by the grace of God, King of Scots, greeting to all upright men of his
whole land, churchman and laymen.
You are informed that we and our lords
of council accept and fully understand that the charters, evidence and
ancient writs concerning the founding or enfeoffment of our burgh of
Fores and its liberties, given to the burgess and community of the same
by our late most noble ancestors, have been destroyed, burned and
invalidated by the hazard of wars, fires and other means.
Therefore our aforesaid burgh and community thereof, oppressed with
hurts inflicted by violent and wicked men, have continued without the
administration of justice and good government.
For this reason the frequenting of merchants among them has ceased, to
their own great loss and the destruction of the common good of our
aforesaid burgh.
This prejudices our interests and gives no small hurt with regard to
the customs duties, burghal ferms and other payments due to us from our
said burgh if remedy be not speedily found.
We therefore moved by piety and
justice - earnestly intent upon remedying the situation and advised by
mature counsel - have newly enfeoffed, given, granted and confirmed,
(and by this our present charter for us and our successors do enfeoff,
give, grant and forever confirm) to the said burgesses and community
our aforesaid burgh of Fores in free burgh tenure for ever - all within
its ancient and allotted bounds, limits and landmarks, as they lie in
length and breadth.
Also free passages and public roads leading to and from our said burgh
with free entry and exit, by all the old, used and customary ways
thereof. Also the small or petty customs duties of our said burgh.
Also all other and sundry lands, annual rents, possessions, waters,
fishings, mills, multures. And all other emoluments and liberties given
and granted to our said burgh, burgesses and community in times past by
us or any other of our predecessors.
And also we have given, granted and
confirmed, and by this our present charter for us and our successors do
give, grant and for ever confirm, to the burgesses and community
aforesaid the lands, waters, fishings, emoluments and freedoms
underwritten, that is to say, the lands known as the Greifschip with
appurtenances, the Bailzelands, the Mekill Bog with the Pratum Regium
(known as Kings Medow), Lowranstoun with the Cratheis and Ramflat, with
their appurtenances.
Also common pasture within the forests of Drummynde and Tulloch with
muirs, marshes, roads, paths, free entry and exit in and to the
foresaid forests and pastures, and from the same through the muir known
as the Pilmuir.
Also all freedoms and privileges held and enjoyed from or old. Also the
water and fishings of Findern from Dunduff as far as to the Bank of
Findern (in fresh water and salt), with all fish and fishings, mussels
and mussel-beds. And with all other fishings, possession and freedoms
which are recognised to belong to have belonged of old to our said
burgh and its liberties.
The said burgesses shall have the power to lease the said water, and
also to fish and labour in whatsoever part they wish (within the said
bounds), with cobles and nets.
Also to have and to possess a port and a station for ships within the
same water, as freely in all respects as any burgh within our kingdom
has and possesses a port and station for ships.
Moreover, they shall have power of electing annually an alderman and bailies and other officers necessary for the government of our said burgh, from among the burgesses thereof.
And we have made, constituted and
ordained, and by the terms of our present charter do make, constitute
and ordain, the said alderman and bailies for the time being to be
sheriffs within our said burgh, bounds and liberties thereof, with
power to exercise the office of sheriff in all relevant matters and in
the same manner as any officials exercise similar offices within any
burgh of our kingdom.
We have also discharged, and by this present charter do discharge, our
sheriffs of Elgin and Fores, present and future, and their deputes, of
all exercise of their office within our said burgh, bounds and
liberties thereof, for ever.
Also the said burgesses shall have a cross and market in our said burgh
on Monday each week, and a public fair every year, beginning at noon on
the eve of St Lawrence's day and continuing throughout the eight days
next following under the authority of the foresaid alderman and bailies
of the said burgh for the time being, with all tolls and dues belonging
to the same. They shall have the power of holding burgh and sheriff
courts within the same.
Furthermore they shall be wholesalers of wools and hides (that is to
say, with rights of "pack and pele"), and also buy and sell wine, wax,
and all other merchandise as freely as such things are done, had and
possessed by any person in any burgh of our kingdom.
And with all other and sundry freedoms and privileges of free burgh and
burgage for ever.
The aforesaid alderman, bailies,
burgesses and community, and their successors shall have and hold the
aforesaid burgh of Fores from us, our heirs and successors in free
burgh burgage fee and heritage for ever - all within its ancient and
allotted bounds, limits and landmarks, as they lie in length and
breadth.
Also free passages and public roads, free entry and exit small or petty
customs thereof.
Also the aforesaid lands of the Greifschip, Bailzeland, Mekill Bog,
Kings Medow, Lowranstoun, the Cratheis and Ramflat.
Also common pasture within the forests of Drummynde and Tulloch.
Also the water and fishing of Findern: fishes, fishings, mussells,
mussel-beds, cobles, nets, port and station for ships within the same
water, with all the same bounds and pertinents mentioned above.
Also with all other and sundry lands, annual rents, possessions,
waters, fishing, mills, multures, muirs, marshes, roads, paths, and
other emoluments, freedoms and privileges given and granted to our said
burgh, burgesses and community of the same by us or any of our
predecessors, and from ancient times had and used and which anciently
pertained or are now known to pertain to them or their liberty.
Furthermore all and sundry gifts, grants, liberties and privileges
howsoever expressed in particular or specific terms above.
Also all other and sundry their freedoms, benefits, advantages and
lawful perquisites whatsoever belonging to them - both specified and
unspecified, under the earth and upon the earth, far from and near to
the aforesaid burgh and liberty thereof.
Also all and sundry things mentioned before as anciently belonging and
pertaining (or which now belong) to the liberty of this (or any other)
free burgh - or which may in any way in the future so belong - as
freely, quietly, fully, wholly, honourably, well and peaceably, in all
and by all things, as any burghs within our kingdom are by an person
enfeoffed, held or possessed - and all this without any obstacle,
impediment, revocation or contradiction by us, our heirs or successors,
in any way whatsoever, for ever.
The said alderman, bailies, burgesses,
and community and their successors shall pay to us, our heirs and
successors, the burghal ferms and payments due and owed to us from the
said burgh - and render other services and burdens for their part - as
other burghs within our kingdom do.
Also paying yearly to the abbot and convent of our monastery of Kinloss
and their successors the sum of twenty merks usual money of our
kingdom, at the two usual terms of the year, out of the fermes of the
waters and fishings aforesaid conferred and granted to the abbot and
convent by the ancient writ thereon or our late most noble ancestors.
In witness whereof we have commanded
our great seal to be put to this our present charter.
The witnesses are, the reverend fathers in Christ, William Bishop of
Aberdeen, keeper of our privy seal, and Andrew Bishop of Moray, our
loving cousins Archibald Earl of Angus, Lord Dowglas, our chancellor
Archibald Earl of Ergile, Lord Campbell and Lorn, master of our
household Patrick Earl of Boithuile, Lord Hailis &c, Alexander
Lord Hume, our great chamberlain John Lord Drummond, our justiciar, the
venerable fathers in Christ, George, abbot of Dunfermling, and George,
abbot of Paslet', our treasurer, At Edinburgh the twenty third day of
the month of June in the year of the Lord 1496, and in the ninth year
of our reign.