[1705/6/130]¹

Ratification in favour of the earl and countess of Mar

Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms the confirmation, prorogation and tack expedited, under her majesty's privy seal, of the date at St James's, 16 January 1703, and granted by her majesty, with consent of the lords and other commissioners of her treasury and exchequer for the time, whereby her majesty not only ratified and confirmed a tack of the feu mails, feu ferms, kanes, customs and other duties of the lands and lordship of Stirling granted by the deceased King William and Queen Mary, of the date at Kensington, 8 February 1690, to John [Erskine], earl of Mar for the space of fifteen years after the term of Lammas [1 August] 1689 and, thereafter, until the same should be recalled and discharged, the said earl paying to their majesties and their royal successors the tack duty therein mentioned at the term specified therein with a ratification and prorogation of the said former tack, containing also a new tack of the said lands and lordship of Stirling for the space of ten years complete, after the ish and expiring of the former tack and thereafter until the same should be discharged, granted by the said deceased King William to the said earl of Mar for payment of the tack duty therein and after-specified at the time expressed therein and bearing date at Kensington, 12 January 1702 in the whole heads, clauses and articles thereof. But also without hurt or derogation thereto did, with consent foresaid, prorogate, extend and continue and of new in tack and assedation let all and whole the feu mails, ferms, kanes, customs and other duties of the said lands and lordship of Stirling to the said John, earl of Mar and Margaret, now countess of Mar, his spouse, then designed Lady Margaret Hay, eldest lawful daughter to Thomas [Hay], viscount of Dupplin, and the longest liver of them two during all the days of their or either of their lifetimes, and thereafter to the said John, earl of Mar his male heirs or assignees, for the space of nineteen years, and until the same is recalled and discharged, with power to the said John, earl of Mar and the said countess, his spouse, and longest liver of them, and after both their decease to the said earl his male heirs and assignees, to intromit with and uplift the said feu mails, feu ferms, kanes, customs and other duties of the said lands and lordship of Stirling during the space foresaid, and thereafter, as said is, paying for the same the said earl and countess of Mar, and longest liver of them two, to her majesty and her royal successors the tack duty of 10 merks Scots money on 17 July yearly, providing always that in case the said countess shall happen to survive the said earl before the expiring of the former tack the said new grant and assedation shall be effectual in her favour, and she preferred to the said feu ferms, feu mails, kanes, customs and other duties of the said lordship of Stirling, during all the days of her lifetime, to all other competitors or pretenders whatsoever, by which letter of tack the said John, earl of Mar is also exonerated and discharged of the bygone tack duty of the said lordship of Stirling resting preceding the date thereof. And it is declared that the said earl, his acceptation thereof, shall not be prejudicial to any right he has or shall happen to have to the said feu mails and others above-mentioned of the said lordship if any he shall be found to have, in manner fully expressed in the said tack, in all and sundry heads, articles, clauses, provisions and conditions of the same. 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 confirmation, prorogation and tack shall be good, valid and sufficient conforming to the tenor thereof to the said John, earl of Mar and Margaret, countess of Mar, his spouse, and longest liver of them two during their or either of their lifetimes, and thereafter to the male heirs or assignees of the said earl, for possessing and enjoying during the space foresaid, without any stop or impediment in so far as concerns her majesty's interest in the foresaid feu mails, ferms, kanes, customs and other duties of the said lands and lordship of Stirling, and declares that the said confirmation, prorogation and tack shall never be quarrelled by her majesty or her successors, and also that this present ratification shall be as effectual to all intents as if every word of the foresaid confirmation, prorogation and tack were inserted herein, with the which and with all other objections that can be proposed against the validity of this ratification and rights hereby ratified her majesty, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.