Ratification in favour of her majesty's high commissioner, John [Campbell], duke of Argyll

Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at St James's, 12 May 1702, granted by her majesty for herself and as come in place of the prince and steward of Scotland, and of the late bishops respectively, with consent of her commissioners of treasury and exchequer for the time, to her majesty's high commissioner John, duke of Argyll, then marquis of Lorne, and his male heirs and of tailzie therein specified, which failing to his other heirs or assignees whatsoever, heritably and irredeemably under the provisions and limitations therein mentioned, of the lands, earldom, lordships, baronies, burghs, offices, castles, mills, harbours, teinds, patronages and others therein expressed, with power of holding the fairs and markets and the other freedoms and privileges therein set down, all which formerly pertained to and were resigned by the deceased Archibald [Campbell], duke of Argyll and are all of new conveyed to the said John, duke of Argyll and his foresaid by virtue of the said charter. Wherein also is contained a dissolution of several of the lands and others therein mentioned which do not lie locally or by annexation in the shire of Argyll from all jurisdictions to which they were formerly united, and an erection thereof in the regality, lordship and barony of Campbell, ordaining the kirkton of Dollar to be the head burgh thereof, which burgh her majesty has by the said charter erected in a free burgh of regality to be called the burgh of regality of Campbell. And has, likewise, erected the town of Ross in Roseneath in a free burgh of barony to be called the burgh of barony of Portrose, and has given to the said duke and his foresaids the privilege of keeping fairs and markets at the said several burghs on the days therein specified, and a power to build a free port and harbour at the said burgh of Portrose, with the tolls, customs duties and other privileges and powers specified in the said charter. Whereby also her majesty, as come in place of the said prince and steward, has dissolved several lands and others therein mentioned from all lordships and baronies to which they were formerly united, and has adjoined the same to the old barony of Auchnagarron, declaring one sasine to be taken at the manor place of Auchnagarron, or any part of the said barony, to be sufficient for the whole. By which charter her majesty, as queen of Scotland, has likewise united and erected all the other lands, earldom, lordship and others therein specified in the dukedom, marquisate, earldom, lordship and barony of Argyll, declaring one sasine to be taken at the castle of Inveraray, or at any part of the said dukedom, to be sufficient for the whole; to be held of her majesty for herself, and as come in place of the said prince and bishops respectively, and of her successors in manner expressed by the said charter, which also contains a dispensation for serving, retouring and infefting in the lands and others therein mentioned that are held in taxed ward, the heirs and successors of the said duke notwithstanding of their minorities, and a confirmation of all rights of the said lands, dukedom, baronies and others foresaid granted to him and his foresaid and to the said late duke of Argyll, his father, or any of their predecessors, with diverse other clauses, together with the precept of sasine contained in the said charter and instrument of sasine following thereupon, in all and sundry heads, articles, clauses, provisions and conditions of the same, with all that has followed or may follow thereupon. And her majesty, with consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights conforming to the tenors of the same to the said John, duke of Argyll and his foresaid for possessing and enjoying the said whole dukedom, marquisate, earldom, lordship and barony of Argyll, and barony of Auchnagarron united respectively in manner foresaid, and comprehending severally therein the lands, lordships, baronies, burghs of barony and regality, teinds, offices, fees, duties, feu duties, castles, towers, fortalices, mills, mill lands, multures, woods, forests, isles, lochs, fishings, coals, coalheughs, advocations, donations and rights of patronage, and other pertinents mentioned in the said charter, all lying as is therein expressed, without stop or impediment, and that the same shall never be quarrelled by her majesty or her successors, and also that this present general ratification is and shall be as effectual and sufficient to the said John, duke of Argyll and his foresaid as if the foresaid charter with the instrument of sasine following thereupon were word by word inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity of this present ratification or rights hereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.

The duke of Atholl's protestation

[John Murray], duke of Atholl protested that the foresaid ratification in favour of her majesty's commissioner the duke of Argyll should not prejudge the offices granted to him.

The marquis of Montrose's protestation

[James Graham], marquis of Montrose also protested against the foresaid ratification that the same should not prejudge him of his offices.

Protestation for the earl of Linlithgow

Mr William Cochrane [of Kilmaronock], in name of [James Livingstone], earl of Linlithgow, did likewise protest against the before written ratification.

  1. NAS. PA2/39, f.46-47.