Series 3 > Papers from the collection of Sir William Fraser

122
SIR WILLIAM FRASER’S PAPERS
falconer in middeltoune and ffor the maire verification of
this my execution my stamp is heirto affixed.
Jo. HAMPTOUNE,
messinger.
[Endorsed]—
Execution of the commissione 1641.
Before much time had passed the whole question of Paldy
Fair came before the Court of Session. On 25th March, Sir
William Douglas of Glenbervie obtained a Crown Charter giving him
the right to hold two fairs, one at Drumlithie and the other ‘ apud
Capellaniam de Dulliward,’ beginning on 24th June and lasting for
eight days. This of course seriously interfered with the prosperity
of Paldy Fair, which began on 1st July, and the Laird of Glen-
farquhar accordingly took proceedings for his owm protection.
The case, which is reported by Lord Durie under date 24th June
1642 [M. 4146], has always been regarded as one of importance.
The report is as follows :—
(6)
Mr. David Falconer being inf eft in the lands of Glen-
farquhar, with the privilege of an ancient fair, called
Padie Fair, from Palladius, holden upon the said lands
of past memory of man, from the 1st of July to
the 7th day thereof, pursues the Laird of Glenbervie,.
who had acquired from the King a late infeftment, anno
1635, of his lands, with the privilege of a fair to be holden
on his lands of Dillivard, which lyes within a mile, or less,
of the pursuer’s lands, whereon his fair holds, to be
holden from the 24th of June to the 1st of July yearly,
to hear it be found, that the said infeftment ought to
be declared null, so far as concerns, or may be extended
to the having of any fair on the said lands of Dillivard
the time foresaid, as being a privilege privately purchased,
and indirectly tending to take away the liberty and
privilege of the pursuer’s fair, in respect that the pursuer’s
lands and the defender’s, which has the fairs, are not
distant from others a mile of ground ; and the time of