Topographical, statistical, and historical gazetteer of Scotland > Volume 2

NEWTON-UPON-AYR.
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etiam et plenaria libertate dictis burgensibus et in-
habitantibus dicti burgi ac eorum successoribus, eor.
terras communes acras et particatas ejusdem parti-
endi ac dividend!, et easdem in feudifirmam asseda-
tionem sen rentale aut alias prout eis magis videbitur
experiiens et commodius, burgensibus ac liberis civi-
bus et incolis ejusdem burgi et nullis aliis assedandi
et locandi.' The number of burgesses amongst
whom this partition was made competent is not
mentioned in tins charter, but minutes or entries in
the old records have been exhibited by the present
magistrates, to establish that they then amounted
to 48. In 1600, King James VI. granted another
charter, narrating that the erection of the burgh of
IVewton was beyond the memory of man, and that
the lands and others therein mentioned had been
given and disponed 'burgensibus liberis et inhabi-
tantibus ejusdem eorum heredibus et successoribus,
de quibus ultra hominum memoriam in possessione
extiterunt.' It then ratifies and confirms the char-
ter of 1595, ' cum integris contentis privilegiis et
immunitatibus in eodem specificatis;' and all other
prior rights granted ' prefato burgo de Newtoun de
Air burgensibus et inhabitantibus ejusd. eorumq.
predecessoribus heredibus et successoribus quibus-
ciinq.' There is then a disposition of new of the
burgh and its pertinents ' prefato burgo ac balivis
consulibus burgensibus et liberis incolis ejusdem
eorumq. successoribus in proprietate et hereditate,'
with all the privileges and immunities in the use or
possession of the burgesses and inhabitants, and their
predecessors in times past. And there is a revoca-
tion of all rights to others prejudicial to the grant in
this charter, on the narrative, ' Ac nos inde volentes
burgenses et inhabitantes dicti burgi eorumq. heredes
aut successors nullatenus ledi nee prejudicari in
eorum t'riis prediis possessionibus privilegiis et liber-
tatibus ejusdem ipsis eorumq. predecessoribus per
nos nrosq. nobilissimos progenitores temporibus pre-
teritis concessis et confectis, sed ut eadem cum pre-
fato burgo burgensibus et liberis ejusdem eorumq.
heredibus et successoribus pro perpetuo tempore
futuro absq. ullo obstaculo seu impedimento remane-
bunt.' After the grant of the lands and others to
the burgesses, and their heirs and successors, this
charter of 1600 proceeds to confer on them the power
of electing bailies, treasurer, burgess councillors, and
other officers necessary for the government of the
burgh, and also the usual privileges of trade, and of
holding fairs and markets; and, generally, the privi-
leges and powers conferred by a grant of burgh,
especially in regard to jurisdiction." From records
of their own which have, from a very ancient period,
been kept by the freemen, the following points were
sought to be established, — that prior to the date of
the existing charters, the territorial possessions of
the burgh were enjoyed by the individual freemen
juitrimouially, each having in old times had his own
" daill" given to him, at the periodical partition of
the lands, " according to the auld ordour used and
wont," — that the right of a freeman was heritable as
well as patrimonial, inasmuch as sons, — whom fail-
ing, sons-in-law, — were entitled to succeed to the
light on the father's demise, and to enter to the
freedom in his stead, — that the number of freemen
entitled to " daills" of the common property was
limited, and in 1604, the date of the first daill after
the existing charters, the limitation was held and
understood to be precisely 48, which is said to have
been agreeable to the established law and custom, —
and that this ancient heritable and patrimonial right
of the 48 freemen to have each his "daill" of the
common property was subjected, in 1604, to the
burden of paying a very large debt which had been
contracted on the lauds. The state of possession,
from the earliest period till the present, is alleged
to have been conformable with this patrimonial and
heritable character of the right. The casting of the
" daills" is regularly recorded; and, except between
1604 and 1771, even the particular lots and names
are mentioned. A cast which look place in 1771,
was, with the view of remedying evils which re-
sulted from the short duration of former casts, or-
dained to continue 57 years. At the expiration of
that cast in 1828, a surpassingly bold one was made,
ordaining the continuance of the lots to be for 999
years. Till the date of this remarkable resolution, the
patrimonial rights were never the subject of separate
personal titles, and the record in the community books
of the entrance of a freeman, and of the right which
that entrance gave him to a share of the common
property, constituted the only title to his "daill;"
but, in 1833, the community resolved that the ma-
gistrates and council should grant feu-rights, for
payment of an illusory feu-duty to such of the free-
men as should choose to hold their possessions by
charter and sasine. — The community have, from the
operation of various causes, had vacancies in their
number, and have uniformly wielded the power of
disposing of them by sale. Non-residence in burgh
incurred, in early times, a forfeiture of right; the
operation of the original law of succession, which
admitted only sons or sons-in-law, produced, while
it was in force, many vacancies for want of proper
heirs; and the commission of crimes or misdemean-
ors, and the non-payment of the proportion of the
original debt, have always been understood to incur
a nullification of rights. Admissions to the vacan-
cies occasioned by these means are regularly entered
in the minute-books, and were procured by a money-
payment, which latterly was ordained to be £30.
The rights of sons and sons-in-law to succeed to
their father's freedom was recognised in the earliest
times; and in the minutes of date 16th December,
1680, in appointing a new cast, it was ordained,
" the said daills to be this day ensten and dewydit
by lot to those who lineallie succeed to the samyn,
according to the former acts, and the antiquitie of
freemen and burgesses, as the several acts of the
said toune do prescrive." But subsequently the
right was extended to the widows of freemen ;
and rules were drawn up, and have been uniformly
observed, by which daughters as well as sons, and
collaterals as well as descendants, have been ad-
mitted to the succession. Few instancesof sales of
the rights of freemen occurred till within the last
half century. The value of the right, indeed, was
comparatively trifling till the discovery of a rich
seam of coal in the lands, about the year 176.5.
Since that date the right of freedom has become a
valuable property, and the list of transferences that
have taken place within the last 40 years shows
about 30 freedoms that have passed into the posses-
sion of singular successors, the price varying, at dif-
ferent dates, from £70 to £500. The mode of
transference, from the peculiarity of the right, has
necessarily been peculiar. The freeman wishing to
dispose of his right renounces it in favour of the
community, at a fixed price, to be given out of new
by them to the purchaser. It was at one time cus-
tomary for the community to purchase rights of free-
dom to be disposed of by public roup to the highest
bidder. In these cases, the renunciation by the free-
man ceding his right was in favour of the community
ad rcmaiitntiam. But, in other cases, the renuncia-
tion was the mere form by which the right of the
person with whom the old freeman had transacted
was completed. The freedoms are said to have been,
in some instances, attached and sold by creditors;
and the freemen, as the heritable possessors of their