The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1705/6/130]1
Ratification in favors of the earl and countess of Mar
Our soveraign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms the confirmation, prorogation and tack expede, under her majesties' privy seal, of the date at Saint James's, the sixteenth day of January, jM vijC and three years, and granted by her majesty, with consent of the lords and others commissioners of her thesaury and exchequer for the time, whereby her majesty not only ratified and confirmed a tack of the few maills, few ferms, kains, customes and other duties of the lands and lordship of Stirling granted by the deceased King William and Queen Mary, of the date at Kensingtoun, the eight day of February, jM vjC and ninety, to John, earl of Mar for the space of fifeteen years after the term of Lambmass jM vjC and eighty nine and, thereafter, ay and while 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 expireing of the former tack and thereafter untill 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 afterspecified at the time expressed therein and bearing date at Kensingtoun, the twelvth of January, jM vijC and two in the haill heads, clauses and articles thereof. But also without hurt or derogation thereto did, with consent foresaid, prorogat, extend and continue and of new in tack and assedation let all and haill the few maills, farms, kaines, customes 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 lawfull daughter to Thomas, viscount of Dupline, and the longest liver of them two dureing all the dayes of their or either of their lifetimes, and thereafter to the said John, earl of Mar his heirs male or assigneyes, for the space of nineteen years, and ay and while the same be 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 heirs male and assigneyes, to intromet with and uplift the said few mailes, few ferms, kaines, customes and other duties of the said lands and lordship of Stirling dureing 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 ten merks Scots money on the seventeenth day of July yearly, provideing alwayes that in case the said countess shall happen to survive the said earl before the expireing of the former tack the said new grant and assedation shall be effectual in her favors, and she preferred to the said few ferms, few mailes, kains, customes and other duties of the said lordship of Stirling, dureing all the dayes of her lifetime, to all other competitors or pretenders whatsoever, by which letter of tack the said John, earl of Mar is also exonered and discharged of the bygone tack duty of the said lordship of Stirling resting preceeding the date thereof. And it is declared that the said earl, his acceptation thereof, shall not be prejudicial to any right he hath or shall happen to have to the said few maills and others abovementioned 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 majestie, with consent of the said estates of parliament, wills and grants and for her and her royal successors statutes and ordaines, that the foresaid confirmation, prorogation and tack shall be good, valid and sufficient conform to the tenor thereof to the said John, earl of Mar and Margaret, countess of Mar, his spouse, and longest liver of them two dureing their or either of their lifetimes, and thereafter to the heirs male or assigneyes of the said earl, for possessing and enjoying dureing the space foresaid, without any stopt or impediment in so far as concerns her majesties' interest [in] the forsaid few maills, farms, kains, customes 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 insert herein, whereanent and with all other objections that can be proponed against the validity of this ratification and rights hereby ratified her majestie, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.
- NAS. PA2/39, f.47-48.