LXXXV: Act of Privy Council concerning Dumbarton and the Clyde (1600)

LXXXV. Act of the Privy Council decerning a gift to be expede under the Privy Seal in favour of the Burgh of Dumbarton, of the impost therein mentioned, without prejudice of the liberty of the Water Clyde claimed by Glasgow. Stirling, 10 September 1600.

Apud Striviling decimo Septembris 1600.

Sederunt.—Presente Rege, Cancellarius, Mar, Thesaurarius, Blantyre, Kinloss, Comptrollar, Spot, Clericus registri. Anent our Souerane Lordis letteris, raised at the instance of the provest, bailzeis, counsell, and inhabitantis of the burgh of Dumbertane, makand mentioun that quhair the commissioneris off burrowis convenit laitlie at Edinburgh vpoun the auchtein day of Junij last, haveing consideratioun of the grit wraick, rwyne, and distructioun lyk to befall to the said burgh besydis the skaith quhilk the same hes alreddie sustenit be the awaytaking of thrie scoir aikeris of land be the force and violence of the watter of Levin, and vtheris watteris about the said burgh: quhairby in proces of tyme the said burgh is lyk to be environed on all pairtis and ouerflowne with the saidis watteris. The saidis commissioneris of burrowis, thairfoir, be ane act of thair assemblie past with haill consent, without contradictioun, except sum oppositioun maid be the commissioneris of the citie of Glasgw, gaue and grantit libertie and licence to the saidis complenaris to impetrat of the kingis maiestie and his hieness counsell ane certane impost and dewtie at lenth specefeit in thair said act, as the samyne beiris. And the Kingis Maiestie being cairful of the weill and standing of the said burgh, and that the samyne sall nowayis perische and decay throw default of sa necesser and ressonable ane supplie and help, sa frelie and voluntarilie condiscendit and agreit vnto be the haill burrowis, as said is, quha ar the cheif and principall pairteis haveing interess in the mater. And anent the chairg gevin to Robert Rowat, James Temple, and Thomas Glen, bailzeis of Glasgw, and Johne Moderuill, bailzie of Renfrew, to haue compeirit befoir the Kingis Maiestie and lordis of secret counsell at ane certane day bygaine, to haue hard and sein His Maiesteis gift decernit to be past vnder the privey seill to the saidis persewaris, for vplifting of the said impoist agreit and condiscendit vnto be the burrowis, conforme to thair act maid thairvpoun in all pointis, or ellis to haue schawin ane ressonable caus quhy the samyne sould not haue bein done; with certificatioun to thame, and they failzie, the said gift sould be decernit to be past in maner foirsaid, like as at mair lenth is contenit in the saidis letteris, executionis, and indorsationis thairof. Quhilkis being callit, and the saidis persewaris comperand be Robert Semple of Corruith, bailzie, Johne Buquhannaine, and Thomas Faulasdaill, burgessis and inhabitantis of Dumbartane; and Schir Mathew Stewart of Mynto, knycht, provest, Robert Rowat and James Temple, bailzies of Glasgw, compeirand lykwys personallie, with certane of the counsell of the burgh of Glasgow; and Adame Knox, baillie, and Williame Sommeruill, clerk of the burgh of Renfrew, as procuratouris for the said burgh, being lykwyse personallie present, the ressonis and allegationis of the saidis pairties being hard and considerit be his maiestie and the saidis lordis, and thay ryplie aduysit thairwith, the Kingis Maiestie and lordis of secret counsell decernis ane gift to be past and expeid to the saidis persewaris, vnder the priuie seill, for vplifting of the impoist and dewtie abonewrittin, contenit in the said act of the burrowis, within the liberteis of the said burghe of Dumbartane allanerlie, without preiudice alwayis of the libertie of the watter of Clyd, acclameit be the saidis defendaris to pertein to them, and to be coniunct and vndeuydit betuix the saidis burghis of Glasgow and Dumbertane. The tryell quhairof, togidder with explanatioun of the said act of the burrowis anent the liberteis of Dumbertane, His Maiestie and counsell, with consent of all the saidis pairteis, remittis to the commissioneris of His Hienes burrowis to be convenit at Edinburghe at his hienes parliament in the moneth of November nixtocum; and sall authorize and allow quhatsumeuer the saidis commissioneris of burrowis sall decerne heirin. And in the meantyme, quhill the saidis commissioneris gif furthe and pronunce thair decreit and delyuerance, His Maiestie and the saidis lordis dischairges the prouest, bailleis, and counsell of Dumbartane, and thair collectouris, of all taking of possessioun of the said impoist, melling, intrometting, or vplifting of the same, within ony pairt or boundis of the watter of Clyd, nochtwithstanding the said gift; dischairging them thairof, and of thair offices in that pairt, during the said space. Provyding alwayis that the magistratis of the burgh of Dumbartane mak just compt zeirlie in His Maiesties cheker of thair intromissioun with the said impoist, and how the samyne is imployed, and bestowed; quhairin gif thay failzie the said gift thairefter to be of nane availl.