The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1706/10/416]1
[Ratification in favour of Archibald Douglas, duke of Douglas, of the dukedom, marquisate, earldom, lordship and barony of Douglas and Angus and of the first vote in parliament]
Act2 ratifying a charter under the great seal3 of the date at Kensington, 10 March instant, granted by her majesty, with consent of her commissioners of treasury and exchequer, to Archibald, duke of Douglas, and his heirs and others therein-mentioned, heritably and irredeemably, of the lands, lordships, regalities, baronies and others particularly and generally therein expressed, with all the dignities enjoyed by the deceased Archibald, earl of Angus, or his predecessors, and specially the first vote in parliament, leading the van the day of battle and carrying the crown in parliament, all formerly united in the earldom of Angus and of the lands and barony of Dudhope, comprehending the several lands, office and others therein-specified, proceeding on the resignation of him and his tutors and containing a new gift of the whole with a disjunction of the lordship and barony of Douglas, and others from all sheriffdoms, regalities and other jurisdictions, and a union thereof, in the regality, lordship and barony of Douglas, and also an erection of the lands of Dudhope and others therein-specified in the regality, lordship and barony of Dudhope, with the jurisdiction of regality, chapel, chancellory and justiciary, escheats of the vassals and inhabitants and other privileges belonging to the said several regalities, and also an erection of the burgh of Douglas in a burgh of regality, and of the burgh of [...] in another free burgh of regality to be called the burgh of regality of Dudhope, which is thereby ordained to be the head burgh thereof, with the privilege of markets and fairs of the said several burghs, as is mentioned in the said charter, which contains also a gift and disposition of the mines and minerals within the barony of Roberton and the said regality of Dudhope, and a union of the entire earldom, lordships, regalities, burghs and others therein-specified in a dukedom, marquisate, earldom, lordship and barony of Douglas and Angus, ordaining the castle of Douglas to be the principal messuage thereof, and one sasine by earth and stone thereat, or at any part of the said dukedom, to be sufficient for the whole, declaring that the said union shall not prejudge his privileges and dignities belonging to him as earl of Angus, or otherwise to be held of her majesty for payment of the several duties therein-expressed, by which charter the feu and taxed ward holding of the barony of Douglas and others is changed to a blench holding for payment of 1d Scots money yearly together etc. Extract.4
Protestation of [James Douglas], duke of Hamilton against the same.
- NAS. PA6/35, 'March 25 1707'. As in the above examples part of the following ratification appears in an 'Additional list of ratifications granted in parliament 1707' in PA6/35 (see additional sources A1706/10/65). This is similar in form to that mentioned above. Again it is unlikely this was the source used to prepare APS. For note of protest, see printed acts GA9/53, 782.
- APS starts with 'At Edinburgh, 25 March 1707. Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter ...'.
- 'of this kingdom' inserted in APS.
- APS concludes with: 'with the precept of sasine contained in the said charter and instrument of sasine to follow thereon, in the whole heads, articles and clauses thereof. And her majesty, with advice foresaid, wills and grants, statutes and ordains that the foresaid charter and sasine to follow thereon are and shall be, conforming to the tenors of the same, good, valid and sufficient rights and titles to the said Archibald, duke of Douglas and his foresaids, for possessing and enjoying in the terms thereof, without stop or impediment so far as concerns the interest of her majesty or her royal successors in all time coming, the lands, lordships, regalities, baronies, dignities and others above-mentioned and therein contained, and declares that the same shall never be quarrelled nor revoked by her majesty or her foresaids hereafter, as also that this present ratification shall be as valid and sufficient and of as great force, strength and effect, to all intents and purposes, as if every word of the charter and sasine hereby ratified were inserted herein, with the not inserting whereof, and with all other defects and imperfections that may be objected against the same and this present ratification thereof, her majesty, for her and her foresaids, with consent above-mentioned, has dispensed and hereby dispenses for ever'.