Series 3 > Court book of the Burgh of Kirkintilloch 1658-1694

INTRODUCTION
xlix
barony, it is apparent from the preamble to many a charter,
was expected to serve a wider purpose—to foster the trade,
travel and general welfare of the nation. Rayne (1493) was
chosen for its convenience {locum hostilagii et hospitationis)
between Aberdeen and Elgin,1 Torry (1495) for the ease of
travellers coming from the mountains and wishing to cross
the water of Dee,2 Merton (1504) for the advantage of
pilgrims bound for Whithorn,3 Pencaitland (1505) to help
those proceeding southward from the sea or towards
Peebles from the east,4 Findhorn (1532) because it stood
four miles ab omni regis burgo and was the principal port
on the water of Findhorn,5 Fraserburgh (1546) as a haven
in quo naves et cimbe per tempestates invase refugium habere
possent,6 Clackmannan (1551) to provide accommodation
for the lieges, especially the barons and freeholders attend¬
ing the sheriff courts,7 and Fordoun (1554), lying apud
pedem montis et terrarum silvestrium, for the better recep¬
tion of wayfarers from the north.8
Can we accept charter evidence as proof of the actual
existence of a burgh in barony ? In general, the permissive
rather than mandatory nature of grants of privilege would
urge caution here, and there are good grounds for some
scepticism. A precept of 1529 under the signet records the
intention of erecting Saltcoats, but, because of extra¬
ordinary delay {per negligentiam) in ‘ passing the seals
this was not done until 1576.9 Moreover, it is well to bear
in mind that royal charters contained, and could contain,
no clause of warrandice : the Crown was not accountable
for conflicting grants of the same subjects. Such a conflict
seems to have arisen in the years 1540-45 over the feuing
1 R.M.S., ii, 2132 ; cf. R.E.A., i, 370.
2 R.M.S., ii, 2292 ; Reg. de Aberbrothoc, ii, 292-3.
3 R.M.S., ii, 2794 ; cf. G. Donaldson, in Trans. Dumfries and Galloway
Nat. Hist, and Antiq. Soc., 3rd ser., xxvii (1948-9), 153.
1 R.M.S., ii, 2846.
* lb., iii, 1172.
« lb., iv, 25 ; A.P.S., iii, 170.
7 R.M.S., iv. 572.
8 lb., iv, 939.
9 R.S.S., i, 4059 ; R.M.S., iv, 2560 ; cf. Porteous, Town Council Seals,
265.