The James IV Charter

Translation of the charter of James IV to the burgh of Forres, by Dr D A Iredale, District Archivist, Moray District Council, 18 March 1996

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.


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