The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1705/6/138]1
Ratification in favors of the earl of Leven
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms a tack expede under her majesties' privy seal of the date at Saint James's, the fifeteenth day of May, jM vijC and two years, granted by her majestie, with consent of her commissioners of thesaury and exchequer for the time, to David, earl of Leven, his heirs and assigneyes whatsoever, dureing the space of two nineteen years compleat, beginning at the term of Whitsunday jM vijC and two years, of all and sundry the few and teind duties payable to her majesty furth of all and whatsoever lands lying within the parochines of Dumfermling, Kinglassie and Newburn, which are parts and portions of the lordship and regality of Dumfermling, and which were formerly set in tack to the deceased Charles, earl of Dumfermling, which is now expired, excepting alwayes the lands now belonging to the earl of Rothes in the parochine of Kinglassie conform to a tack set to him, and provideing that the said tack hereby ratified shall not comprehend nor extend to the few and teind duties that were possessed by the deceased John, marquess of Tweeddale as haveing right to a tack of the lordship and regality of Dumfermling set to the deceased earl of Dumfermling, of which feu and teind duties the said umquhile marquess and John, now marquess of Tweeddale obtained a new tack from his deceased majesty. With full pouer to the said David, earl of Leven, dureing the foresaid space, to intromet 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 behoove, and to raise and execute inhibitions for the said teinds yearly and, if need beis, to call, follow and pursue therefore as accords of the law, with free ish and entry thereto, and with all other freedoms, commodities, easements, profites and righteous pertinents appertaining or that shall be righteously known to appertain thereto, as fully and amply as at any time before the said few and teind duties were occupied and possessed by the said deceased earl of Dumfermling or any of his predecessors or successors by vertue of the tack therein mentioned, or any other tacks granted by her majesties' predecessors to them freely, quietly, well and in peace, but any revocation, obstacle or again calling whatsoever, provideing that the granting of the foresaid tack hereby ratified, and the acceptation thereof by the said David, earl of Leven, shall nowayes hurt, weaken or prejudge any former right or title which the said earl has to the paroch kirk of Newburn as patron thereof or otherwayes. But it shall be lawful to him to bruik and possess by vertue of both or either of the said rights at his pleasure, paying therefore yearly the said David, earl of Leven, his heirs and assigneyes foresaid, to her majesty and her successors and chamberlands in their names, the sum of ten pounds Scots money by name of tack duty at the term of Whitsunday yearly dureing 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 conform 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 dureing the space therein and abovementioned, in so far as concerns the interest of her majesty, and with consent foresaid declares that the same shall never be quarrelled nor revocked by her majestie nor her successors in time comeing, and that this present ratification shall be as valid and sufficient, to all intents, as if the said tack were word by word insert herein, whereanent 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 for ever. Extract.
- NAS. PA2/39, f.57v-58v.