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Clauses 39 to 50

39. Wee also grant that non of the said staple shall or may be arrested in his persone or guids in this citie or the jurisdiction therof for debt or any other civill actione and mater quhairwpon no sentence is passed without fore knowledge and consent of the lord conservator or his deputie, wnles that he be fugitive or much suspected to be fleing away, and be insolvent, in quhich caise, efter intimatione therof made to the lord conservator or his deputie, if the said persone can give any securitie or cautione by a merchant of the said staple or a citizane or inhabitant of this citie, or other wayes sufficientlie secure, that then he shall and may be arrested and detained inprisone and be manteined as our ovne citizane wnles he content his creditor or creditors; and in caice any persone obtaine ane warrant of the court of Holland against the persone of any of the said staple that then he and in that caice shall enjoy such justice and right as to the citizans of the citie are granted in that behalf.

40. If it should happine (which God defend) that any one of the said staple or ther adherance should in this citie or priviledges therof comitt such ane cryme of fault for the which he most and ought to be punished capitally or by loss of his lyfe, that therfore his goods be reasone therof (wnles in crimene leso majestatis) shall not be forfaulted or held as confiscated, bot that the same shall be left free to his heires, nather shall nor may the goods of his principall or friends that shall be found in his or any mans hands be confiscated for any absence by him comited althou it wer in crimene leso majestatis, be it whatsoever it should, bot shall be left free to his principall and to the right owners therof; and lykwayes that no other persone guiltles and innocent may or shall be in anywayes arrested or molested in persone or guids for the offence or fault or guilt of ane other, nor further then that each on his offence or falt deserveth, and requyreth, wnles he be guiltie in the same fault or cryme or he bund and obleidged his persone or guids for ane other.

41. If any one of the said staple should be apprehended for any criminall maters, not ex officio nor by formall accusation of our officer but by the informatione or accusatione of another, that then and in that caice our officer shall be bound and obleidged at the instance of the pairtiie apprehendit immediatlie to cause the persoone who hawe requyred the apprehensione to be apprehendit and keept prisoner wntill that cleir proof be made comcerneing the cryme or delet wherwith the pairtie apprehendit is accused, and in caice of failzie therin that then he quho wes apprehendit by his accusatione [shall have compensation] for his susteined injuries, coasts, damnages, and interests according to the demerits of the cause or mater.

42. And wee doe lykwayes promise and obleidge ws that wee nather shall or will give any proctetione or letters of respyte or tyme or cessio bonorim by our recomendatoriall, nor procure the same for any persone who is indebtit to any of the said staple, or who is verie indebtit aither to any of our citizans or inhabitants or other stranger, quhatsomever the same should be, bot wee shall and will that the same (in regaird the debts originallie belonging to any of the staple) shall cease and be voyd and without effect.
43. Wee promise that in caice therefter it should be found good and needfull that any other points should be inserted and annexed wnto these articles that wee (being therewnto requyred) shall and will condescend so far therin as right and reasone shall give place.

44. And wee promise yeirlie and euerie yeir wpone ane certan day in some convenient place to assemble all the officers and publict persones with whom those of the said staple shall hawe thing to doe, namelie, the crane masters, weighous masters, the joylours or keepers of our prisones, carnmen, shipmasters, sledmen, and the lyk, and shall and will before them and wnto them cause be publictlie read and declaired all and everie priviledges of the said staple for as much as concernes the saids officers and the other above named persones ther service, to the end they may the better know how to regulate themselfs therin and carie themselfs accordinglie for the more readie observance of that quhich concernes ther serwice.

45. And if any one other citizan or inhabitant of this citie, or any one depending wpone the said staple, of whatsomeuer qualitie or conditione the same should be, shall be found to haw done anything against this agreement or any point or clause therin conteined, that therfore the said agreement shall not be holden or wnderstood to be violated or brocken bot that the contraveiners or violators shall be punished for the same respectivelie by ws and the said lord conservator or his deputie according to the ordinances and statuts.

46. Fordermore, wee grant and agree wnto those of the said Scotts staple court that any one of ther members happining to die or deceas without his last will and testament, and therefor dieing intestat, that then and in that caice ther guids and estaite shall and must fall under the adnministratione of the court of the lord conservator, in soe much that nather wee nor the orphants court of this citie shall or will hawe anything to doe with the said goods or estaite or exercise any auctoritie therwpone, and by consequence that nather wee nor the hospitall or deacons of this citie shall or will take or hawe any charge or care of alimentatione or educatione of the childering which shall be found in mortuarie houssis or estatis wjich should not [be] able or sufficient to educat ad bring wp the same.

47. Lyke as wee or our said hospitall or pious houssis or deacons nather shall nor will hawe the charge of the alimentation or other wayes of any poor decayed persones who are or shall be impoverished by adversitie or ill fortoun fallin unto povertie or decay, als weill in respect of the said persones themselves as in regard of their childring, in so much that all impoverished or decayed, als weill old as young persones, in whatsoever conditione the same should fall, shall and most be and remaine at the coast and charges of the said staple court.

48. And it is furder more concluded and agreeit between ws and the said commissioners of the said Scotts staple who are nominated in the beginning of those articles that the recidence of the said staple port shall and must provisionallie be setled and established within this citie for the space of twenty and one yeires nixt enschewing and shall and must be ingadged to forewarne on the other sex months before the expiratione of the said tyme whether this agreement shall continew longer or not.

49. And finallie , wee promise to vse all endeavours to the end that this concluded agreement may be confirmed and ratified by the lords states of Holland and consequentlie also by the lord states generall of the united Natherlands.

50. Also wee promise generallie to grant wnto these of the Scots natione all such exemptiones, immunities, freedomes, and priviledges as they haue enjoyed by the Emperor Charles the Fyft, Philip the Second, King of Spaine, duks of Burgundie, Earle of Flanders, and the same or als much as those of the Inglish natione enjoy in this citie and heirefter shall or may enjoy tuching and concerneing this citie or the jurisdictione therof.

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Transcribed by Innes A. Duffus, Honorary Archivist to the Nine Incorporated Trades of Dundee, from Dundee Town Clerk's copy of Extracts from the Records of the Convention of Royal Burghs (published by the Scottish Burgh Records Society, 1878-1918).