[1705/6/143]¹

Ratification in favour of [James Douglas], earl of Morton

Our sovereign lady, with the advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a gift under the privy seal of the date at Windsor Castle, 5 August 1702, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, in favour of James, earl of Morton, his heirs and successors, by which gift her majesty, in consideration of the recommendations therein-mentioned from the parliament in favour of the said earl for an allowance to him to prosecute a reduction of the decreet and act of parliament therein-expressed, and for a provision to him in the meantime until the said cause were finally discussed did, with consent foresaid, give and grant to the said earl and his foresaids an annuity of £1,000 sterling, or £12,000 Scots, to be paid to him and them yearly out of the first and readiest of the rents, duties, profits and casualties of the earldom and lordships of Orkney and Shetland, including always and in full satisfaction of all former settlements made to him out of the foresaid lands or any other manner of way on the foresaid account, beginning the first term's payment of the foresaid £1,000 sterling at the term of Martinmas [11 November] then next to come and so furth yearly and termly, until his foresaid cause be of new tried and finally discussed. And for the said earl and his foresaids their more sure payment, her majesty, with advice and consent foresaid, assigned and made over to him and them yearly as much of the said yearly rents, duties, profits, casualties and first and readiest thereof as will yearly pay and clear the foresaid annuity, and further, in respect that the rents, duties and casualties of the foresaid earldom and lordship were then in collection, her majesty nominated and appointed the said James, earl of Morton and his foresaids and their deputes, for whom they should be answerable, her majesty's chamberlains and collectors of the said whole rents, duties and casualties, and that as fully and effectually as if a special and ample letter of chamberlainry with all clauses ordinary had been given to them for that effect, with provision always that, after payment to himself and them in the first place of the foresaid free annuity, he and they should be accountable to the commissioners of the treasury for the remaining surplus of the said rents, duties and casualties when required and should find good and sufficient security for that end. As also, that if the said lords commissioners of the treasury should think fit rather to set the said earldom and lordship in tack than continue it in collection they might freely do the same, providing nevertheless, also her majesty by the said gift expressly ordained, that when the said commissioners should think fit to set the foresaid tack they should take the tacksmen one or more expressly obliged in the body of their tack to pay to the said earl and his foresaids or their order the foresaid annuity yearly and termly in the first end of their tack duty, and to be allowed to the said tacksmen on his or their receipt, without any necessity of any intervening precept and order of treasury for that effect, and so as the said earl and his foresaids may have immediate diligence on the said registered tack against the said tacksmen for recovering payment of the said annuity in the beginning of the said tack duty without any delay, as the said gift bears, in all and sundry heads, articles and clauses thereof. And her majesty, with advice and consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid gift is and shall be conforming to the tenor of the same a good, valid and sufficient right and title to the said James, earl of Morton for possessing and enjoying, without stop or impediment, the foresaid annuity in manner and during the space above-mentioned, and declares that the same shall never be quarrelled or revoked by her majesty or her successors in time coming, and that this present ratification is and shall be as valid and sufficient, to all intents, as if every word of the said gift were inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity hereof or of the said gift hereby confirmed, her majesty, with consent foresaid, dispensed and hereby dispenses forever. Extract.