Fundamental Charter of Stonehaven
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| Fundamental Charter of Stonehaven, 12 April 1624 |
It is in fact a
copy made in 1626 of the version that was inserted into the Sheriff Court
It is in the form of a feu contract
between William Keith, 7th Earl Marischal, and the inhabitants of
Stonehaven. Amongst other things, the charter shows the the Earl granting the
Inhabitants the right to nominate their own baillies, subject to his
appointment of them himself, thereby establishing a more independent government
of the town than there presumably had been before this document.
In addition, the charter also sets out
how land in the burgh was to be measured and divided up along with the
conditions attached to holding that land. This included an obligation on the
Inhabitants to pay an annual feu duty and to provide “bodily service” to the
Earl Marischal, which would ordinarily be military service in times of need. In
this case though, the Earl goes further in also demanding that the Inhabitants
“loaden and loss” (i.e. carry) his belongings when he goes to and from the
port!
Prior to 1624, Stonehaven had already
secured its importance as the capital of Kincardinehshire when it was granted
this status by James VI in 1600. However, it obviously took another 24 years
before the effects of this heightened importance in the area demanded a more
community led form of government.
Aside from the administrative local
interest of the document, the beginning of the charter also conveniently
provides a list of all the Inhabitants possessing land in Stonehaven, making it
a highly significant document for local historians.
Transcription of Fundamental Charter of Stonehaven, 12 April 1624;
line 5]... At
Fetteresso the Twelt day of Appryll the/
yeir of god
Jajvic[1]
twentie [and] foure years It is appoyntit agreet [and] finaly Ended Betwix ane
Noble [and] potent Earll William Earl Marishall Lord Keith[2]
one the ane pairt/
and the haill
p[er]sons Inhabitants posessors of their tenements of Lands underwr[it]tin In
Stonhave[n] p[er]ticularly efter mentioned viz Robert Keith Mr John Keith Georg
Keith/
Alex[ande]r
Keith William Ogilwie John Grag William Ramsay John Lowrie James Clerk David
[and] James Massons Gilbert Nickelson Gilbert Kilgowr John Kelly Andro Hunter/
James Ffindlo
James Smith Gilbert Maison Georg Keith Alex[ande]r Webster Georg Richie Georg
Anderson John Brigford Mr William Reid for Sara Leipers land Arch[ibald]
Wood Thomas
Brigford John Gray John [and] Arch[ibald] Corsirs John Webster alias Thomson
David Walker Alias Anderson W[illia]m Walker Alex[ande]r Marre Alex[ande]r
Ducket David Mathis[on]/
Andro Kerre
Gilbert Barcklay for Stephen Fforbes tenement one the w[the]r pairt In maner
subseqwent That is to say ffor sameikell as the s[ai]ds Noble Earll ffor/
the sowmes of
muney to be wnderins[er]dett binds [and] oblisses [3]him
his airs [and] sucsessors to dewly [and] lawfully Infeft the p[er]sons and ilk
ane [4]of
them abownamed ther airs [and]/
assignes
whatsomever heritablie unredimable to be halden few of himself [and] his
fors[ai]ds[5] in
all [and] haill thes tenements[6] in
Stonehave[n] howsses yeards [and] p[er]tinents[7] therof/
[...............[8]]
them [and] to be Mett[9]
[and] designed in maner folowing Wiz every tenement to be Mett [and] Measured
be two famus[10] men be
Ruids[11]
as[12]
they occupie estiming[13]/
every six Ruids
of Lenth [and] three of breidth to be ane hundreth Merks[14]
feiu ffor payment yearly of six shillings eight penies feiu deuity att two
termes yearlie/
alenarlie[15]
and every ane pro rato[16]
conform to the tenements as shall be Mett [and] designed [and] equivalent to
the qwantity [and] measur therass [17]as
said is q[uhi]lk p[er]sons/
and inhabitants
that shall happen be be feiwars in the s[ai]ds towne in all tyme coming shall
haw properly belonging only to the s[ai]ds feiwars [and] feiws therof the/
comonty[18]
[and] priviledges efter mentioned Wiz in comonty of pasturag of all [and] haill
the brays[19] of
stonehave as wind [and] weather shears[20]
betwixt the common way that/
passes one the
west end therof to Montross Estw[ar]t to the brig of Dunie w[i]t[h] Comonty of
casting sew[er]ell feall [and] diffot [and] pastorag [21]of
all [an] haill the muir called the/
Smidie muir as
shall be marched [and] meithed[22]
[and] w[i]t[h] moss leaw[23]
to the haill Inhabitants yearly furth[24]
of the Moss of Cowie ay [and] swa[25]
long as the s[ai]ds Noble Earle/
[and] his
fors[ai]ds ther right [and] possesione of the s[ai]d Moss shall subsist [and]
susteine be lave[26] [and]
w[the]rvays[27] ay
[and] whill it be evicted[28]
from them allenerly as lykways for upholding off/
of the common
weall[29] of
the s[ai]d towne of building bridges [and] calsows[30]
the s[ai]ds Noble Lord for himself [and] his fors[ai]ds hes disponed[31]
[and] be their p[rese]nt[s] disponed w[i]t[h]/
In favore of
the s[ai]ds Inhabitants to be imployed as said is the haill land customs[32]
w[i]t[h] the s[ai]d towne [and] priviledges therof in all tym coming [and]
ffor/
collecting
Ingathering therof [and] furthering off all comone weals requisit [and] doing
Justice for that effect to all p[er]sons having entress[33]
It is speceallie/
condeshended
that the s[ai]ds Noble Earll his bealzies[34]
ane or mor w[i]t[h] ane nautrall[35]
way chosen amongst the s[ai]ds Inhabitants who shall do it for them as conjunct[36]/
beilye shall in
ane woyce pronunce [and] give out sentence in all actions civill conferring the
comone weill and w[i]t[h] liberty the s[ai]ds Inhabitants to mak choyse/
of the s[ai]ds
balzies yearly termly or quarterly as they shall think ex[p]edient [and] the
haill amesiments[37] to be
imployed to the common weills fors[ai]d alenarly [and] the/
[..........[38]]
hav speciallie inse[r]tt in the s[ai]ds dispositione of the s[ai]d tenements to
be expedd[39]
thereupon to haw liberty of selling of wyn aill bere/
[and] w[the]r
comone merchandize [and] with speciall feiwes particularly designed
abowsp[ecef]eit alenarly [and] the samen chartore to be expedd [and] done befor
the feast of/
Witsonday[40]
nixt to come [and] the fors[ai]d Inhabitants to enter to ther prior possesione
of the s[ai]ds tenements respective priviledges [and] comonties fors[ai]ds In
maner/
abowexprest for
the q[uhi]lk tenements [and] w[the]rs to be possest be them the s[ai]ds
inhabitants [and] ilk ane of them pro rato for ther owne parts [and]
occupations as they shall be/
Infeft they
bind [and] oblisse them ther airs exe[cutor]s [and] assignes to pay at the
s[ai]ds feast of Witsonday nixt [and] the haill sowms of grassume[41]
of the s[ai]ds taks[42]
eqivalent/
to the feiwes
being mett [and] paying for ilk six Ruid in lenth [and] three of bredth ane
hundreth merks for provisione in cass of felzie in payment therof thankfull[43]/
the s[ai]ds
haill Inhabitants [and] ilk ane of them pro rato at the term presisely abow
designed in that Caus the p[er]sons felziand[44]
to haw renunced [and] overgiven[45]/
and be thir
p[rese]nts renunces [and] overgives the s[ai]d tenement fors[ai]d howss bigins[46]
[and] haill p[er]tinents And priviledges belonging therto In favors of the
s[ai]ds Noble earl/
[and] his
fors[ai]ds in all tym coming efter the s[ai]ds falzie to be disponit be thim at
ther pleasur in all tym ther efter renuncing all remead[47]
of Law In the/
Contrar[48]
[and] notw[i]t[h]standing of the Clause of bel[ze]rlie form [and] maner of
Justice [and] determination abowsp[ecif]et the s[ai]ds haill parties in ane
woyce have conde/
shended [and] be thir specilie agreis [and]
condeshends that ther shall be only two belzies the s[ai]d town yearly to be
presented be the Inhabitants to the s[ai]d Noble earll/
they being only
burgess[49]
of the s[ai]d brugh[50]
[and] only elected [and] chosen be the s[ai]ds Noble earll for the spac of ane
year [and] fra year to year in all tym coming w[i]t[h] whos/
election no
Judg nor Judges shall have office in maner fors[ai]ds [and] being elected shall
hav pow[e]r to choise ther members and hold courts [and] decern anent[51]
ther owne/
civill [and]
comone effairs in maner abowsp[ecef]eit alenerlie [and] belzes to be admittit
be the s[ai]d Noble earll shall be allways burgess Inhabitants [and] Residents/
w[i]t[h]in the
s[ai]d towne during ther s[ai]d office attover[52]
the s[ai]ds feiwes shall be all vays astricted[53]
at every ane of ther air or airs Entress or Succesor to ther/
feiwereis to
pay the s[ai]ds Nobl earll [and] his fors[ai]ds ane Resnoble for ilk tenement
abowdesigned [and] shall be astricted in bodily service to the s[ai]ds Noble
earll/
[and] his
fors[ai]ds [and] to loaden [and] loss[54]
his howshold stufe plininshing[55]
[and] furnishing his houss when it shall be transported fra or to the s[ai]d port
In all tym/
coming [and]
shall pay taxations as occurs [and] heirto both the s[ai]ds parties binds and
oblisses them [and] ther fors[ai]ds in maner abow writin [and] for the mair
security they ar content [and] consents thir p[rese]nts be Ins[e]rt [and] reg[ist]ratt
In the books of Counsell [and] session or Shireff court books of Kincarden to
have/
the Strenth of
ane decreit w[i]t[h] ex[ecutori]ells of horning [and] punding [and] warding all
to pass on ane simple charg of six days alenarlie [and] to that effect
constituts/
John Wishart
[and] James Auchenleck ____________[56]
thir p[rese]nts promittin derato in witness q[uhai]rof they hav subscrivet[57]
thir p[rese]nts written be Patrick Austien/
Nottar with
ther hands as folows day year [and] pleace fors[ai]d befor thir wittness S[i]r
Robert Arbuthnet feuire of that ilk Mr W[illia]m Reid in Cowe[58]
Mr James/
Wood S[e]rvitor
to the s[ai]d Noble Earll Normand Arbuthnet S[e]rvitor to the s[ai]d S[i]r
Robert John Wishart [and] the s[ai[ds Patrick Austaine Nottars Sic
Sub[scribitu]r[59]/
Marshall Mr
W[illia]m Reid w[i]t[h] my hand Mr John Keith James Clerk w[i]t[h] my hand John
Kelly w[i]t[h] my hand W[illia]m Ramsay w[i]t[h] my hand John Lowry Alex[ande]r
Keith Georg Keith/
Extract of the
S[he]reff Court books of the s[ai]ds S[he]reffdome be me Clerk subscrivand/
[1] A
corruption of Roman numerals – this should read as imvic (i.e. 1600) but
handwriting became careless due to the increased speed of writing, and so this
‘misspelling’ perpetuated itself until it became the correct form. See www.ScottishHandwriting.com for
more information on this aspect of dates.
[2] William
Keith, 7th Earl Marischal
[3] Obliges
[4] Every
one
[5] The
Inhabitants listed above are allowed to hold land by the permission of the Earl
Marischal under a system called feu tenure, by which they pay a regular duty
and give service to the Earl in return for use of the land.
[6] A piece
of occupied land that has been built upon
[7]
Something that belongs to or is connected with a piece of property
[8] Text
obscured in original version
[9] Measured
[10]
Reputable
[11] Rods –
a unit of measurement. 1 rod = 6.22 yards or about 570cm
[12] That
[13]
Estimating
[14] Merk –
unit of currency. 1merk = 13 shillings 4 pence Scots
[15] Only,
solely
[16]
Porportionally
[17] This
appears to be an assessment, wherby the land is to be parcelled into sections
of equal value (in this case 100 merks), for which a standard feu duty (6
shillings 8 pence annually per parcel) is to be paid proportionally by the
inhabitants of the parcels (e.g. 2 separate inhabitants in a parcel would pay 3
shillings 4 pence).
[18] Common
rights
[19] Hills
or hillsides
[20] Divides
[21] Common
right to dig turfs, thin turfs, and parts of pasture ground
[22] Fixed
and marked as a boundary
[23] Leave
[24] Beyond
the limits of
[25] Always
and so long as
[26] Law
[27]
Otherwise
[28]
Obtained or recovered by a legal process or right
[29] The
good or welfare of the community
[30]
Causeways
[31] i.e.
the Earl Marischal has ordered matters
[32] The
land duties for the town are to be employed for the benefit of the town, e.g.
for building bridges and causeways
[33] a
payment due for right of entry to land. In this case “all persons [subject to
the Earl Marischal’s feu duties]”
[34] Bailies
– the Baron’s deputies in a Burgh of Barony. Can also be municipal officers.
[35] Neutral
[36]
Together
[37]
Amercements, fines
[38] Unclear
– obscured by the fold. Could possibly be “saids Inhabitants to”
[39] To be
completed and issued
[40]
Whitsunday – 15 May
[41] Grassum
- sum of money paid or promised by a tenant to his landlord at the grant or
renewal of his lease or by a feuar to his superior at the grant of the
feu-right, in addition to the periodical rent or feu-duty stipulated for in the
grant
[42] Tak - A
lease granting tenancy of land or property, the right to carry out some
function, etc
[43] “in
case of failure of satisfactory payment thereof”
[44] Failing
[45]
Relinquished
[46]
Biggings - buildings
[47] “Remeid” - redress for a
grievance through appropriate legal channels
[48] In
opposition to
[49] Burgess
– a citizen or freeman of a burgh
[50] Burgh
[51] About
[52]
Moreover
[53] Legally
bound
[54] Carry
and transport the lords luggage to and from the port
[55]
Plenishing – goods, gear, effects etc.
[56] Actual
gap in original
[57] Signed
[58] Cowie
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