[1669/10/33]¹

Legislation

Act for annexation of Orkney and Shetland to the crown

Forasmuch as the isles of Orkney and Shetland are a great and so considerable a part of this his majesty's ancient kingdom, that for diverse ages they were the occasion of much trouble and expense of blood and money for maintaining thereof against the invasion of foreigners, and recovering the same out of their hands by arms and treaties; and the said isles, being of a great and large extent of bounds and so remote and at such a distance from the ordinary seat of justice and judicatories, that the inhabitants within the same are not able to travel in the winter season, and at other times cannot, without great trouble and expense, repair to the said judicatories to complain when they are oppressed and aggrieved, it is not only fit in order to his majesty's interest, but will be the great advantage of his majesty's subjects dwelling there that, without interposing any other lord or superior between his majesty and them, they should have an immediate dependence upon his majesty and his officers, being their great security against foreign attempts and oppression at home. And seeing it is most expedient and necessary that a public patrimony and certain revenue in lands, lordships and others should be settled upon and annexed to his majesty's crown for supporting of his royal estate and government, and the great and necessary charges of the same, which if not defrayed out of his majesty's own property and revenue, would undoubtedly² lie and be a heavy burden upon his majesty's lieges, and to that purpose diverse acts of annexation have been made from time to time, and especially the earldom of Orkney and lordship of Shetland, with the pertinents of the same, which were annexed to the crown in the year 1540, and 1612 respectively; and yet, importunity prevailing with his majesty and his royal father, their goodness and inclination to gratify their subjects, they have been induced to give away and part with so great a jewel of their crown, and to convey and grant rights of the said earldom and lordship which, being found to be to the great prejudice of his majesty, his crown and subjects and contrary to the laws and acts of parliament of this kingdom, by a decreet of the lords of session, obtained upon 25 February last, at the instance of Sir John Nisbet of Dirleton, knight, his majesty's advocate, for his majesty's interest, against William [Douglas], earl of Morton, Charles [Douglas], lord Dalkeith, his son, George [Villiers], viscount of Grandison, and certain other persons therein mentioned; the said lords, by their decreet foresaid, have reduced the contracts, dispositions, infeftments, acts of dissolution and other rights therein mentioned, made and granted by his majesty, and his royal father, to and in favour of the deceased William [Douglas], earl of Morton, grandfather to William, now earl of Morton, and the said George, viscount of Grandison, of the said earldom of Orkney and lordship of Shetland, with the rights also therein mentioned depending thereupon, and the said lords have found and declared that his majesty has good and undoubted right to the said earldom and lordship as his annexed property, for the reasons therein contained, as the said decreet at length purports. Therefore, his majesty, with advice and consent of his estates of parliament, does ratify and confirm the said decreet, and ordains the same to be of full force, strength and effect, in all time coming, holding and willing this their ratification to be as sufficient and effectual as if the said decreet and whole tenor of the same were inserted herein. And his majesty, following the laudable example and practice of his royal predecessors, does with consent foresaid, ratify the said former annexation of the same to the crown; and without prejudice thereof, does of new again unite, annex and incorporate to his crown of this his ancient kingdom, to remain inseparably with the same in all time coming, the said earldom of Orkney and lordship of Shetland, with all and sundry isles, holms, udal lands and other lands whatsoever, of whatsoever name and by what designation the same are of or may be known, lying within the sheriffdom of Orkney, and pertaining to the said earldom and lordship, and belonging to his majesty in manner foresaid, in property or superiority, or by any other right or title, together with all castles, towers, fortalices, mills, multures, fishings, annualrents, reversions, patronages of kirks and teinds, parsonage and vicarage pertaining to his majesty within the bounds foresaid, and all and whatsoever mines of gold, silver, copper and other minerals within the foresaid bounds, with the heritable office of justiciary, sheriffship and foudrie and admiralty within the foresaid isles, and belonging to the said earldom and lordship, with all other parts, pendicles and pertinents, casualties, privileges, jurisdictions, offices and others whatsoever pertaining to the same; all which his majesty, with consent foresaid, does unite and annex to his crown, declaring the generality foresaid to be sufficient, to the intent and effect foresaid, as if each part, parcel, pertinent, office, patronage or privilege belonging to the said earldom and lordship were herein expressed. And it is statute and declared that the said earldom and lordship, lands, teinds and others above-mentioned, annexed to the crown in manner foresaid, shall remain therewith in all time coming, and that the same or any part thereof shall not nor may be given away in fee and heritage, nor in freehold, liferent, pension or tack, except for the full duty which may be got from and paid by the tenants, nor by any other manner of alienation, right or disposition whatsoever to any person or persons of whatsoever estate, degree or quality they are, without advice, decreet and deliberation of the whole parliament; and for great, weighty and reasonable causes concerning the good welfare and public interest of the whole kingdom, first to be proposed and to be advised and maturely pondered and considered by the estates entirely, before any previous grant, right or deed is given, made or done by his majesty or his successors concerning the disposition of the said earldom or lordship, or any part thereof which may in any way predetermine them or the estates of parliament and without prejudice to the freedom of their deliberation and consent. And if, at any time hereafter, it shall be thought fit to dispose or grant any right of any part of the said earldom and lordship, it is declared that the general narrative of good services, weighty causes and considerations shall not be sufficient, but the particular causes and considerations whereupon his majesty and his successors may be induced to grant, and the estates to consent to such rights, are to be expressed that it may appear that the same is not granted through importunity or upon private suggestions or pretences, but for true, just and reasonable causes and considerations of public concern. And further, it is declared that if any general act of dissolution of his majesty's property shall be made at any time hereafter, the said earldom and lordship and others above-mentioned and annexed shall not be understood to fall or be comprehended under the same, and if the said earldom and lordship, or any part thereof, shall be alienated or conveyed, or any right of the same shall be granted otherwise than is appointed and ordained in manner above-mentioned, his majesty, with consent foresaid, does statute and declare that all dispositions, infeftments and other rights of the said earldom and lordship, or any part thereof which shall be granted contrary to this present act, with all acts of dissolution and ratification and other acts of parliament concerning the same, shall be from the beginning and in all time coming void and null and of no effect; and notwithstanding thereof, that it shall be lawful to our sovereign lord and his successors for the time, to take back and receive, at their pleasure, for their own use, without any process of law, the lands and others annexed above, or any part thereof which shall be alienated or conveyed; and these, in whose favour any such rights and alienations shall be made, shall be accountable for and liable to refund and pay all profits, intromission or benefit taken, uplifted or enjoyed by them in the meantime. And it is declared that all other clauses, articles and provisions contained in any former act or acts of annexation to the advantage of his majesty and his crown, are and shall be held as repeated and inserted herein. And farther, his majesty, with advice and consent of the estates foresaid, has suppressed the said office of sheriffship, and has erected and hereby erects a stewartry within the bounds foresaid of the said earldom and lordship and isles of Orkney and Shetland, to be called in all time coming the stewartry of Orkney and Shetland, ordaining the tenants, possessors and inhabitants within the bounds foresaid, and other persons who were formerly answerable and liable to the jurisdiction of sheriffship and foudrie above-mentioned, to be answerable to his majesty's stewart of the said stewartry, with all privileges competent to any stewartry of his majesty's property within this realm. Likewise, it is declared and statute that the foresaid office of stewartry shall not be given heritably to any person or persons and their heirs without advice and consent of parliament in manner above-mentioned; and all rights of the same which shall be granted otherwise, at any time hereafter, shall be from the beginning and in all time coming null and void. It is always declared that this act and annexation foresaid shall not prejudice the bishop of Orkney of his patrimony and privileges belonging to him, or of any part thereof and that he and his successors shall be in the same case as they were before the making hereof. And likewise, it is declared that the annexation foresaid, and the suppressing of the said office of sheriff,³ shall be without prejudice to his majesty's vassals within the said isles of their liberty and privilege to have and send commissioners to parliament, to represent them in the same manner as they did or might have done formerly.