King William III

Crown Charter by King WILLIAM III. In favour of the Town of Dundee, of the Barony of Hilltown, Lands of Dudhope, and others, dated 20th July, 1697. (Original in Latin)

WILLIAM, by the Grace of God King of Great Britain, France, Ireland, Defender of the Faith.  To all honourable men of his entire Kingdom, cleric and lay, Greeting: Know the that we, with the special advice and consent of our well beloved cousins and counsellors, PATRICK Earl of Marchmont, High Chancellor of our ancient Kingdom of Scotland, James Duke of Queensberry, ARCHIBALD Earl of Argyll, WILLIAM Earl of Annandale, and of our well beloved counsellors, ALEXANDER Lord Keith, our Treasurer Deputy, and Sir JOHN MAXWELL of Pollok, Lords Commissioners of our Treasury, Keeper of the Rolls, and Treasurer of our new augmentations within the said Kingdom, with consent also of the rest of the Lords and others of our Exchequer of the said Kingdom, have given, conceded, disposed, and by this our present Charter, have confirmed, and by the tenor of the same give, grant and dispense, and for us and our successors, with consent foresaid, for ever confirm to our beloveds, JAMES FLETCHER, present Provost of our Burgh of Dundee; ROBERT KINLOCH, ALEXANDER BLAIR, PATRICK YEAMAN, and GEORGE CROCKET, present Bailies of the said Burgh; THOMAS MUDIE, Dean of Guild; PATRICK TOD, Treasurer of the same; and JAMES WHYTE, Deacon Convener of the Trades of the said Burgh, and their successors in office, for the common use and avail of the said Burgh of Dundee for ever, heritably and unredeemable, without any reversion, redemption, or back going whatsoever: All and Whole those parts and portions of the lands and barony of Dundee containing and comprehending the lands and others particularly underwritten, namely: All and Sundry the lands of Dudhope, as well the third as the two part of the same, with houses, buildings, yards, mills, mill lands, and cultures of the same, together with the tends, rectorage, and vicarage of the said lands; and All and Whole the Burgh of Barony of Rottenraw, commonly called the Bonathill of Dundee, with the tenants, tanneries, and services of free tenants of the same, and all dues, privileges, immunities, and commodities pertaining thereto: All and Whole the avocation, donation, and right of patronage of the Church of Dundee, and the rectory of the same, and garble tends within the parish thereof; and All and Sundry the acres of East Ferry, with houses, buildings, and pertinent thereof; and All and All and Sundry the lands of Duntrune and Baldvie, with mills, mill lands, cultures, and sequels of the same, tenants, tanandries, and services of free tenants thereof, lying in the parish of Maynes, all lying within the Sheriffdom of Forfar: and All and Sundry the plough lands, commonly called the Oxengate of Katecults and Catermilnes, lying in the parish of (                 ) and Sheriffdom of Perth; and generally all other lands, acres, and houses lying about the Burgh of Dundee and Dudhope, of whatsoever name and designation the same may be, which belonged to the late CHARLES, Earl of Lauderdale, excepting and reserving always from the foresaid lands the manor place of  Dudhope, with the yards, orchards thereof, and warrens or parks enclosed by a stone wall; also the dominical lands, namely, the Maynes of Dudhope, with houses, buildings, yards, and pertinent of the same, and those acres called Chapelshed acres, and those acres called Blackness acres, which were acquired by the said CHARLES, Earl of Lauderdale, from the deceased Sir ALEXANDER WEDDERBURN of Blackness, and were disposed by the said Lord to RICHARD, Lord Maitland, his son, by his contract matrimonial; moreover, excepting that large building or dwelling house in Dundee, and the rest of the Barony of Dundee lying in the Sheriffdoms of Fife and Argyll, with which the lands and others excepted as beforesaid shall in no way be comprehending as is aforesaid, as before the aforesaid exception was expressed and contained, and that for the principal: Moreover, All and Whole those parts and portions of the lands and Barony of Hatton underwritten, namely, the lands of Norton, the lands of Platts, the lands of Westhall and Northraw of Ratho, the lands of Overgogar, the lands of Gatesyde, being part of the dominical lands of Hatton, the lands of Spitleton, with the park of Hatton, the lands of Rodinlaw, with houses, buildings, yards, parts, pedicles, and pertinent thereof, all lying within the parish of Ratho and Sheriffdom of Edinburgh; and that in real warranties and security of the lands, tends, patronages, burgh of barony, tenants, tanandries and services of free tenants, salmon fishings, and others, principally disposed as said is so, that if it should happen the same, or any part whatever of the same, to be evicted from the said burgh of Dundee, and the Magistrates and Councillors thereof, present or future, to be in any way molested, disturbed, distained, and impeded in the peaceable possession thereof, and in raising and receiving assessments, farms, profits, and dues thereof, then in that case the Magistrates and Council of the said Burgh for the time, and their successors in place and office, shall have full and free access and ingress in and to the lands, tends, and others above disponed in warrandice of the same, and to the assessments, farms, profits, and dues thereof, at least to so much of the same as shall correspond in quantity, quality, and yearly duty to the said eviction and distraint, to be peaceably and quietly bruiked, enjoyed, occupied, and possessed by the said Magistrates, Council, and Community of the said Burgh for the time, and their successors in office, for the common use and avail of the same, until the said Burgh shall reponed and restored to the whole against the said eviction and distraint, and shall peaceably and quietly bruik, possess, and enjoy the lands, tends, patronage, burgh of Barony, tenants, tanandries, and services of free tenants of the same, salmon fishing, and others above written, principally disponed as said is, without any obstacle or impediment whatsoever.  Which lands, burgh of barony, tends, patronage, and others above-written, with their pertinent, formerly belonged heritably to JOHN, now Earl of Lauderdale, and Sir ROBERT MILNE of Blackburn, held by them immediately of us, and on the seventh day of the month of July instant, were by them and their lawful procurators, in their name specially constituted to that effect, by virtue of patent letters of procuratory contained in a Disposition made and granted by them, with consent of Sir DAVID THORRS of Inverleithing, advocate, to and in favour of the said Magistrates and Council of the said Burgh of Dundee, and their successors in office, of date the fifth day of March the year of God 1697, duly and lawfully resigned, with all right, title, interest, claim of right, property, and possession, which they or either of them could claim or pretend to the same, in the hands of the said Lords of our Treasury and Exchequer, our Commissioners having power to receive resignations and to grant new investments, as in our hands immediate lawful superior thereof, in favour and for this our new investment of the same, under our great seal, to be made, given, and granted to the said JAMES FLETCHER, present Provost of Dundee; ROBERT KINLOCH, ALEXANDER BLAIR, PATRICK YEAMAN, and GEORGE CROCKLET, present Bailies of the said Burgh; THOMAS MUDIE, Dean of Guild; PATRICK TOD, Treasurer thereof; and JAMES WHYTE, Deacon Convener of the Trades of the said Burgh, and their successors in office, for the common use and avail of the said Burgh of Dundee, heritably and irredeemably, in as due and competent form as effeirs, as authentic instruments taken thereupon in the hands of ROBERT BELL, notary public, more fully proport: And moreover, with advice and consent foresaid, by this our present Charter, we disunite, disjoin, disannex, and disincorporate the foresaid lands, burgh of barony, tends, patronage, and others above written, with their pertinent, principally disponed, from all other lands, lordships, Baronies, or others to which formerly they were united and erected; and of new have united, erected, created and incorporated, as by this our present Charter we of new unite, erect, create, and incorporate the foresaid parts and portions of the Barony of Dundee, mills, mill lands, tends, burgh of barony, patronage, fishings, acres, and others above written, principally above disponed, with the pertinent of the same, in one whole and free barony, in all future time to be called and designed the Barony of (                ).

And we will and ordain, for us and our successors, that Sasine to be now taken by the saids Magistrates and community of the burgh of Dundee, and by their successors and assignees in all time coming, at (           ) or upon the ground of any part or portion of the lands and others above written, shall remain and be a valid and sufficient Sasine for the said whole lands, as well principal as in warrandice above disponed, notwithstanding that the same lie not contiguous, but in different places and jurisdictions, whereanent we have we have dispensed, and by the tenor of this our present Charter, with consent foresaid, dispense for ever: To be held, and had all and sundry, the foresaid Lands, Burgh of Barony, tends, right of patronage, mills, forests, fishings, and others respective above written, as well principal as of warrandice, with their pertinent, all lying in manner before written, united and erected, as said is, by the foresaid JAMES FLETCHER, present Provost; ROBERT KINLOCH, ALEXANDER BLAIR, PATRICK YEAMAN, and GEORGE CROCKLET, present Bailies of the said Burgh of Dundee; THOMAS MUDIE, Dean of Guild; PATRICK TOD, Treasurer thereof; and JAMES WHYTE, Deacon Convener of the Trades of the said Burgh, for themselves and in name and to the use of the whole Council and community and their successors in office, for the common use and avail of the said burgh of Dundee, and their assignees whomsoever, of us and our successors, in taxed ward feu and heritage, and free barony, for ever, by all their ancient ways, meiths, and divisions, as they lie in length and breadth in houses, buildings, yards, orchards, woods, plains, muirs, mosses, ways, paths, waters, pools, streams, meadows, grazings, pasturages, mills, multures and their sequels, fowlings, huntings, fishings, peat-mosses, turf-cuttings, coals, coalheuchs, rabbits, rabbit warrens, pigeons, dovecots, smithies, maltkilns, brewhouses, plantings, woods, groves, shrubberies, wood cuttings, beams, quarries, stone and lime, with courts and their issues, herezelds, bloodwites, fines, with gallows, pit, sock, sack, thole, theme, wrack, waith wair, vert, vetch, venison, infangthief, outfangthief, pit and gallows, with common pasture, and free entry and ish, and with all and sundry other commodities, liberties, easements, profits, and their just pertinent, and whatsoever, as well not named as named, under the earth as above the earth, far and near, pertaining, or that may in any way hereafter justly belong to the foresaid lands, barony, and others above written, with the pertinent, freely, quietly, fully, wholly, honourably, well, and in peace, without any recall, contradiction, or obstacle whatsoever; the said Provost, Bailies, and Council of the said Burgh of Dundee, and their successors in office and assignees foresaid, paying yearly to us and our successors for the said lands, barony, and others respectively above written, principally above disponed, with all their pertinent, united and erected as said is, the services used and wont, and in place thereof the taxed ward duties respectively underwritten, namely, the sum of sixty-four pounds three shillings and sixpence money of Scotland yearly, at two terms in the year, namely the feasts of Pentec0st and St. Martin, by equal portions, during ward and nonentry, when it shall happen, as the proportional part corresponding to the sum of two hundred and fifty-six pounds fourteen shillings, at which sum the whole land and barony of Dundee (of which the said land above written was a part) were taxed by a Charter granted by King CHARLES the Second to the said deceased CHARLES, Earl of Lauderdale, therein designated CHARLES MAITLAND of Hattoun, of date the twenty-fifth day of May, one thousand six hundred and seventy-two; also the like sum of sixty-four pounds three shillings and sixpence, money foresaid, for the relief thereof when it shall happen, as the proportional part of the foresaid sum of two hundred and fifty-six pounds fourteen shillings for the relief of the said whole Barony, and the sum of one hundred and twenty-eight pounds seven shillings, money foresaid, as the proportional part of the sum of five hundred and thirteen pounds eight shillings, money foresaid, paid by the said late Earl of Lauderdale for the marriage of the heirs and successors in the said whole Barony, according to the foresaid Charter, for all other burden, exaction, question, demand, or secular service which from the said Barony, with the pertinent, can be exacted or required: And in like manner we will grant, and for us and our successors, with consent foresaid, decern, declare, and ordain that it shall be lawful to the apparent heirs succeeding in the lands and others foresaid in all time coming to obtain themselves served, retoured, entered, infeft, and seized in the said lands, of whatsoever age they may be for the time, with which, and with the judges and persons of inquest who shall be present on the said services , and with all members of Court, and others, we, with consent aforesaid, have dispensed, and by the tenor of this our present Charter for ever dispense: Besides, we of our certain knowledge and proper motive have given and granted, and by this our present Charter, for us, and our successors, do give and grant full power, faculty, and liberty to the said Provost, Bailies, and Councillors of the said burgh of Dundee, and to their successions in office, and assigners, to sell, alienate, wadset, and dispone the foresaid lands and others before written, united and erected as said is, in whole or in part, heritably and irredeemably, or under reversion, and to grant infeftments of annual rent from the same, to whatsoever person or persons they shall think proper, without danger of recognition following thereon; where anent we have dispensed, and by the tenor of these presents for ever dispense, renouncing by these presents all action, instance, and process which we or our successors had, have, or in any way whatever might claim, or pretend to have, notwithstanding that the said lands are held for the service of taxed ward and relief; also paying yearly for the said parts and portions of the lands and Barony of Hatton disponed in warrandice as said is (in case of eviction only), the feu farms, blench farm, farms, taxed ward duties, and other duties and services (if any be) contained in the infeftments of the said CHARLES, Earl of Lauderdale, and his predecessors and authors thereof, corresponding to the said lands, for all other burden, exaction, question, demand, or secular service which could be required, or in any way whatever exacted of the same.  Whereupon to the Sheriffs and their Bailies of Forfar, Perth, and Edinburgh respectively, and to our lovits (             ) and either of them, conjunctly and severally, our Sheriffs of our Sheriffdoms of Forfar, Perth, and Edinburgh respectively, in that part specially constitute, Greeting.  We command and ordain that forthwith, without delay, the give Sasine of all and sundry the foresaid lands, burgh, barony, teinds, rights of patronage, mills, woods, fishings, and others respectively above written, as well principal as warrandice, disponed as is premised, lying and erected as above, to the foresaid JAMES FLETCHER, present Provost, ROBERT KINLOCH, ALEXANDER BLAIR, PATRICK YEAMAN, and GEORGE CROCKLET, present Bailies of the said burgh of Dundee, THOMAS MUDIE, Dean of Guild, PATRICK TOD, Treasurer thereof, and JAMES WHYTE, Deacon Convener of the Trades of the said burgh of Dundee, for themselves, and in name and to the behoof of the whole Council and Community of the said burgh and their successors in office, for the common use and utility of the said burgh of Dundee, and their assignees whomsoever, or to their certain attorney, bearer of these presents, according to the form and tenor of our foresaid Charter, which they have from us thereupon, and dispensations foresaid: And this in no way do you omit, for the doing whereof we commit to you, and each of you, conjunctly and severally, our Sheriffs of the shires of Forfar, Perth, and Edinburgh respectively, in that part foresaid power.  In witness whereof to this our present Charter we have commanded our Great Seal to be appended.  Witnesses, our well beloved cousin and councillor CHARLES, Earl of Selkirk, clerk to us, our archives, and registers, and our beloved ADAM COCKBURN of Ormiston, clerk to our Justiciary, and our beloved Sir CHARLES KERR, Knight Baronet, Director of our Chancery, at Edinburgh, the twentieth day of the month of July, the year of God one thousand six hundred and ninety-seven, and of our reign the ninth year.

            Written to the Great Seal, and Registrat the Eleventh day of August, 1697, &c., &c.

                                                                        (Signed)         DUN. RONALD, Dept.

            Sealed at Edinburgh the twelfth day of August, 1697.

                                                                        (Signed)         S. HOME.

Transcribed by Caterina Paesano