[1705/6/138]¹

Ratification in favour of [David Leslie/Melville], earl of Leven

Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms a tack expedited under her majesty's privy seal of the date at St James's, 15 May 1702, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, to David, earl of Leven, his heirs and assignees whatsoever, during the space of two nineteen years complete, beginning at the term of Whitsunday [15 May] 1702, of all and sundry the feu and teind duties payable to her majesty furth of all and whatsoever lands lying within the parishes of Dunfermline, Kinglassie and Newburn, which are parts and portions of the lordship and regality of Dunfermline, and which were formerly set in tack to the deceased Charles [Seton], earl of Dunfermline, which is now expired, excepting always the lands now belonging to [John Hamilton/Leslie], earl of Rothes in the parish of Kinglassie conforming to a tack set to him, and providing that the said tack hereby ratified shall not comprehend nor extend to the feu and teind duties that were possessed by the deceased John [Hay], marquis of Tweeddale as having right to a tack of the lordship and regality of Dunfermline set to the deceased earl of Dunfermline, of which feu and teind duties the said late marquis and John, now marquis of Tweeddale obtained a new tack from his deceased majesty. With full power to the said David, earl of Leven, during the foresaid space, to intromit with and uplift by himself and his factors in his name all and sundry the feu and teind duties thereby set, and to apply the same to his own proper use and behoof, and to raise and execute inhibitions for the said teinds yearly and, if need be, to call, follow and pursue therefore according to the law, with free ish and entry thereto, and with all other freedoms, commodities, easements, profits and righteous pertinents appertaining or that shall be righteously known to appertain thereto, as fully and amply as at any time before the said feu and teind duties were occupied and possessed by the said deceased earl of Dunfermline or any of his predecessors or successors by virtue of the tack therein mentioned, or any other tacks granted by her majesty's predecessors to them freely, quietly, well and in peace, without any revocation, obstacle or again calling whatsoever, providing that the granting of the foresaid tack hereby ratified, and the acceptation thereof by the said David, earl of Leven, shall in no way hurt, weaken or prejudge any former right or title which the said earl has to the parish kirk of Newburn as patron thereof or otherwise. But it shall be lawful to him to bruik and possess by virtue of both or either of the said rights at his pleasure, paying therefore yearly the said David, earl of Leven, his heirs and assignees foresaid, to her majesty and her successors and chamberlains in their names, the sum of £10 Scots money by name of tack duty at the term of Whitsunday yearly during the said tack, in manner more fully expressed therein, in all and sundry heads, articles and clauses thereof. And her majesty wills and grants, and for her and her royal successors statutes and ordains, the said tack to be a good, valid and sufficient right conforming to the tenor of the same to the said David, earl of Leven and his foresaids for possessing and enjoying the feu and teind duties thereby set during the space therein and above-mentioned, in so far as concerns the interest of her majesty, and with consent foresaid declares that the same shall never be quarrelled nor revoked by her majesty nor her successors in time coming, and that this present ratification shall be as valid and sufficient, to all intents, as if the said tack were word by word inserted herein, with the which and with all other defects and imperfections of this present ratification and of the said tack ratified hereby, her majesty, with consent foresaid, dispensed and hereby dispenses forever. Extract.