Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent The Town of Edinburgh's Charter in 1636
Date: 9 February 1672
Click here to view a pdf copy of this documet : PDF Copy
About this time I had occasion to see the town of Edinburgh their great charter, granted to them by King Charles in 1636, with the seasine taken there-on in 1637. It is a new gift to the town of their burgh, mills, common moor, port and harboury of Leith and Newhaven, superiority of Leith, dock-money, anchorage-money, golden pennies, &c.; office of sheriff-ship and justiciary of peace, within their town and liberties, &c. with a ratification of all their former infeftments. As for the badges of honour and sovereignty (so to speak) conferred on the Provost and other Magistrates of the city, viz. the sword, sceptre, and red robes, these are by the grant of King James the VI. by his charter under the great seal in 1621, and that on the parallel of the Lord Mayor of London. Many persons are of the opinion that this last charter in 1636, has done the town much more hurt than good, because it has either cut them off expressly from sundry privileges comprehended in their ancient infeftments, or prejudged them thereof, in so far as they are altogether omitted in this. I shall instance only one. Craig in Dieg. de Regalibus, page 117, tells, that the town of Edinburgh, by a special privilege, are indulged the escheat of all condemned within their burgh and liberties for slaughter; and idem, page 121, tells they have the power of having and retaining their own fisk; yet by the charter, 1636, the escheats of all persons condemned within the town are specially reserved to the king, and the town for ever secluded therefrom.
It was sore against the town's heart and will that they altered their former charter, but they were forced to it. See more of the town of Edinburgh's charter, alibi. (Vide Balfour's practiques. Tit. of Burrows, cap. 20.) From the council books of the town of Edinburgh in 1629, &c. I find they had procured a charter in 1603, with many strange clauses and privileges; videlicet, right of regality, admiralty, right of the north castlebank, as well as the south; and very prejudicial to the gentlemen of West Lothian; which they were * * * * * * *
